KEY POINTS:
The Waitangi Tribunal has delivered a stinging criticism of the Government's treatment of Maori cross-claimants in the proposed Ngati Whatua o Orakei settlement.
Judge Carrie Wainwright labelled the Office of Treaty Settlements' handling of claims by other iwi and hapu groups as a token gesture that left them "disregarded and insulted".
Her comments came on the final day of a four-day hearing into an urgent tribunal hearing into claims by six iwi and hapu who believe the Crown dealt unfairly with them in its handling of the Ngati Whatua o Orakei claim covering the Auckland region.
In the second day of questioning of Office of Treaty Settlements policy and negotiations manager Rachel Houlbrooke, Judge Wainwright questioned Crown motives for a practice she said gave all the advantages to one group, and caused tension with other iwi and hapu, often with strong cultural, historical and whanau links to the claimant.
"You are not dealing with the other groups in the same way you are dealing with the mandated group [Ngati Whatua o Orakei].
"You are not talking to them as claimants, you are talking to them as a people who are going to be affected by a proposed settlement with another group, a group with whom they have a relationship and a group with whom, in this case, they are related."
She said greater effort was needed to involve all interested groups in negotiations, and to "at least attempt to develop a constructive relationship" with other iwi and hapu and not just a focus on achieving the "Crown's and the Ngati Whatua agenda".
"What I have not heard in any of this is overtures from the Crown to meet with groups who are not Ngati Whatua o Orakei to discuss their agenda in relation with Tamaki Makaurau.
"The only meetings that have been had have been in response to the most vigilant of the lawyers, or claimant representatives who have been monitoring the process. Why is the Crown not on the front foot with these other groups?"
She said writing "big complicated letters every 18 months" did not constitute an honest effort at building communication.
"How can OTS think this is the way to do it? Not one single hui has been called by the Crown to talk with other groups about their interests."
Ms Houlbrooke said a lack of resources was partly to blame, and a lack of mandate from any of the cross-claimant groups. The number of claimants, 29 individuals and groups in the Tamaki Makaurau region, made comprehensive negotiations impossible.
She also emphasised that the agreement in principle signed with Ngati Whatua o Orakei last June was the beginning of further negotiations, with input from cross-claimants required before the proposal could be confirmed.
Judge Wainwright also questioned the fairness of the settlement process which allowed the "first cab off the rank" (Ngati Whatua) to enjoy the benefits of early settlement while cross-claimants were made to wait.
Waitangi tribunal Judge Carrie Wainwright says the Government:
* Virtually ignored other tribes who contested Ngati Whatua's Auckland land claims.
* Carried out only token consultation with these iwi.
* Gave Ngati Whatua an unfair "first cab off the rank" advantage in negotiations.
