Delays in Napier's Ahuriri hapu settlement claim costing millions

Two former Treaty negotiations ministers supporting submitters, National's Chris Finlayson (bottom centre) and Labour's Sir Michael Cullen (top right). Photo / Doug Laing

The value of the Napier's Ahuriri Hapu Claims Settlement is being diminished by millions of dollars because of delays in signing it off, a parliamentary select committee hearing was told in Napier on Monday.

Some of the details were revealed at the hearing of the Maori Affairs Select Committee, being held after 42 submissions were received in the call for public input after the first reading of the claims bill in Parliament on March 12.

Submissions included opposition based on settlement entity Mana Ahuriri Trust's refusal to call elections and amend an historical account as recommended by the Waitangi Tribunal late last year.

Committee chairman Tino Tirakatene said the committee couldn't do anything to change the historical account.

The claims date back more than 30 years in the tribunal jurisdiction, and more than a century in courts and other forums, and include the Whanganui-a-Orotu (Napier inner harbour claim), which has been waiting 25 years for settlement after its hearings in the early 1990s.

Mana Ahuriri Trust chairman Piriniha Prentice was supported in his submission by Ngati Kahungunu Iwi chairman Ngahiwi Tomoana and, via Zoom, and by former opposing party Ministers of Treaty settlements and negotiations Sir Michael Cullen (Labour) and Chris Finlayson, the National Party minister who signed the claims deed of settlement four years ago.

Human Rights Commissioner Meng Foon also submitted, supporting the enactment of the bill.

Trust member Barry Wilson told committee members funds had risen to about $19.5million, but 10 properties set aside for purchase were recently valued at $29 million.

Prentice said in the written submission the trust had discussed with the Crown the "significant costs" that delays have caused, and it was agreed that settlement funds should not be used to compensate. The trust was asked to put a case for "exceptional circumstances" funding and had provided relevant information in February.

He said the Crown should proceed with the settlement legislation to enable the initial trustees to fulfil the mandate which had been accepted a decade ago by the Crown.

Peter Nee Harland, the initial lawyer for inner harbour claimants, sought a stay of proceedings pending an inquiry, saying that those initially recognised by the Crown to speak for the combined hapu had lost their mandate and it predated ratification of the deed in 2016.

"One of the ramifications attaching to pushing on regardless could be to incidentally commit a fresh breach of the Treaty," he said.

Committee member Rino Tirakatene said his "initial reaction" to seeing the words "stay of proceedings" was to say "No way," but Nee Harland reminded the committee its role is to report to Parliament on what it had been told.

Tirakatene said the committee needed to report before the suspension of Parliament in August, ahead of the next month's general election.