Tribunal finds Crown made Treaty breach in Napier claim process

Ngati Parau spokesperson Matthew Mullany at the Waitangi Tribunal hearing held under urgency in February. Photo/File

The Crown has been found to have committed a modern breach of the Treaty of Waitangi over processes of establishing a Napier settlement which is still awaiting signoff more than 25 years after hearings which established the validity of the claims.

The breach is identified in the Waitangi Tribunal's Mana Ahuriri Mandate report, published on Friday and based on Claim WAI2573, lodged in 2016 by representatives of Ngati Parau, one of seven shoreline hapu involved in the Napier inner harbour claim (WAI55) which was heard in the mid-1990s, followed by reports vindicating the claim and proposing remedies.

The hapu said in a statement it's pleased with key findings, which included Crown behaviour inconsistent with principles of the Treaty of Waitangi with prejudice to the hapu.

A ratification vote process was carried-out in 2015 with the intent of a Deed being signed by the Crown and Mana Ahuriri late that year, but the settlement has not been able to be completed.

The latest claim concerned the Crown's acceptance of the ratification results for the Ahuriri Hapū Deed Settlement and post-settlement governance entity, known as Mana Ahuriri, which had received a mandate from the seven hapu in 2009 to negotiate their historical claims.

The claimants alleged that the Crown failed to protect the interests of Ngāti Parau despite being aware of Ngāti Parau concerns, which included they'd effectively been locked-out of entitlement and recognition in a flawed mandating and settlement process.

Among concerns have ben Mana Ahuriri's failure to hold annual meetings according to its constitution, a failure to present annual accounts for three successive years (2012/13, 2013/14, 2014/15), and its drawing of a $500,000 loan in 2013 without the members being aware of the loan or what the report calls Mana Ahuriri's substantial deficit.

"In respect of the ratification," the Tribunal report says, "we found that the Crown was in breach of Treaty principles for accepting the ratification results for the PSGE (Post Settlement Governance Entity), but not for the deed of settlement."

The Tribunal has made recommendations to the Crown to prevent similar issues in other claims, and the Crown has said the recommendations are already being implemented.

The new report follows three days of WAI2573 hearings under urgency in February this year, and as part of its report, published coincidentally the day after Mana Ahuriri's annual meeting, held at Wharerangi Marae on Thursday night, the Tribunal calls for new elections for all nine positions.

Crown and Mana Ahuriri failings and actions and the concerns, have led to the delay in a settlement, and ultimately delays in projects planned by Mana Ahuriri, including the shopping-centre development on former Napier railway marshalling yards land, where work was suspended in July.

Ngāti Pārau spokesperson Matthew Mullany said: "We have raised serious concerns regarding the integrity of the process for several years now, but the Crown kept pushing ahead regardless. Today's report shows that our concerns were justified."

Mullany said the Tribunal granted the application by Ngāti Pārau and other hapū for an urgent hearing back in early 2017 and agreed that there was a case for the Crown to answer.

"Today, finally, we have some answers," he said. "The Tribunal has recommended that a proper election is held for all nine trustee positions of Mana Ahuriri Trust, and that the Crown should pay the costs of this election.

"This is a good result. The Crown should insist on such an election taking place either before or after the introduction of legislation giving effect to the Deed of Settlement."

Ngati Parau believes that if the Crown goes ahead and passes the settlement into law without addressing the issues, it will only create further breaches of the Treaty.