Treaty Settlements … So What’s In It For You?

It is important to know at the outset of negotiations what redress is available.  Here are some of the types of redress …

Financial and Commercial Redress

Financial and commercial redress is the part of the settlement which is primarily economic or commercial in nature, and is given a monetary value (called the redress quantum).  The claimant may take the redress quantum in cash and/or use it to purchase Crown property in their claim area.

Crown Exotic Forest Land

Crown exotic forest land is often seen as one of the most valuable types of Crown property included in a settlement, because of the value of the accumulated rentals that may be held by the Crown Forestry Rental Trust and the potential income from the land.

In a recent settlement with Central North Island (CNI) iwi, the Government transferred $195.7 million worth of Crown forest land to the CNI Iwi Collective.  In addition, the Collective will receive the rentals that have accumulated on the land since 1989, which are worth approximately $223 million, and an annual income stream of about $13 million.

the use of Crown forest land in settlements reflects the arrangements between the Crown and Maori in the Crown Forest Assets Act 1989 (CFAA).

Under the CFAA, the Crown can transfer the trees and the right to use the land to cut them to third parties, who receive Crown forest licences.  The Crown retains ownership of the land.

Cultural Redress

Cultural redress is intended to recognise the traditional, historical, cultural and spiritual association of a claimant group with places and sites owned by the Crown within their area of interest.

Redress is often focused on achieving the following:

• Protecting wahi tapu and wahi whakahirahira.
• Providing opportunities for input into the management, control or ownership of Crown-owned sites, areas or customary resources with which the claimant group has traditional and cultural associations.
• Providing opportunities for developing future relationships with government agencies and departments, and other agencies such as local bodies.
• Providing visible recognition of the claimant group within their area of interest.

Social and Cultural Revitalisation

Recently, the Crown and claimant groups have been entering into agreements to provide for the “cultural and/or social revitalisation of the claimant group”.  This type of redress provides directly for cultural development, and has included provision for:

• Gifting of papakainga properties (Ngati Apa).
• Funding toward cultural redevelopment and revitalisation plans (Ngati Apa, Turanganui-a-Kiwa).
• Funding to assist with social revitalisation in the areas of marae redevelopment and housing support (Ngati Kahu).
• Funding for compilation of comprehensive historical records (Ngati Apa).

Quantum

The value of redress provided as “cultural redress” does not form part of the redress quantum.  Given this, cultural redress is an important means of ading value to a settlement and should be taken into account when considering the overall value of settlement to a claimant group.