The lead Crown negotiator in securing a $10.4 million agreement with Rena owners insists the payment would not influence the Government on its response to a resource consent.
Dr Matthew Palmer QC, who was giving evidence today at an urgent Waitangi Tribunal inquiry into the Crown's conduct after Rena's grounding,said while the payment agreement was settled without consulting local Maori, the Crown had still preserved the rights of those claimants under its Treaty obligations.
In October 2012 the Crown and Rena's owners, Daina Shipping Company, signed a secret a so-called "wreck removal" agreement under which the Government would be paid $10.4m if a resource consent was granted to leave the wreck on the reef.
Last month Rena's owners applied for a resource consent to do so.
The Tribunal heard the payment was contingent on the shipping company making substantial cost savings by leaving the wreck on the reef and a successful resource consent.
One clause in the $10.4 m deed agreement also states the Government may consider making a submission in support of the resource consent but makes no mention it can oppose it.
Representatives from Motiti Island hapu groups Ngai te Hapu and Motiti Rohe Moana Trust along with Maatatahua District Maori Council claim the Crown signing of the deed without consulting local Maori was a "clear" breach of the Treaty.
It was not " reasonable" to expect the Crown to have consulted on a possible resource application, and when the agreement was settled it was not clear whether one would even be lodged or what the terms were likely to be.
Dr Palmer said the concern was if the consultation with Motiti residents was entered into prior to the negotiations being settled with the Rena's owners they "might take fright" and walk away.
The agreement did not impinge on the Crown rights to oppose the resource consent application should it decide to do so, nor had the Crown failed in its duty to preserve the cultural rights of Maori on Motiti Island, he said.
Dr Palmer said the resource consent consultation process had began and was ongoing. The inquiry continues today.
