The Crown welcomes Ngati Kahu report

The Crown has welcomed the recommendations of the Waitangi Tribunal for providing redress to Ngati Kahu's historical claims, Minister for Treaty of Waitangi Negotiations Christopher Finlayson said earlier this week.

Ngati Kahu applied to the Tribunal for recommendations as to remedies for the Crown's historical breaches of the Treaty after withdrawing from negotiations in 2010, the Tribunal's report outlining its recommendations for a "fair settlement" of the iwi's claims.

"The Crown welcomes the Tribunal's recommendations, and would welcome the opportunity to use them as the basis for further negotiation with Ngati Kahu," Mr Finlayson said.

"The Crown acknowledges Ngati Kahu has well-founded Treaty claims, and would like to resume negotiations as soon as possible. Although the recommendations are non-binding, they present a good basis for providing commercial redress to allow Ngati Kahu to build up an economic base for its people (including) certain Crown properties which have cultural significance for the iwi, and participation in co-governance of natural resources with local government and other iwi.

"In particular the recommendations would preserve the collective approach Ngati Kahu and the other four Far North iwi have taken over many years, so they can all share the benefits of settlements they have worked so hard towards."

Mr Finlayson said he was particularly aware that the iwi of the Far North had been waiting many years for a just settlement of their claims since the Muriwhenua Land Report was released in 1997, adding that the Crown wanted to see those claims settled as soon as possible, to restore the relationship between the Treaty partners and allow the Te Hiku iwi a strong base for development and progress.

Ngati Kahu is seeking the return of land and other assets worth $260 million, the application to the tribunal asking it to use its binding powers, which would have required the Crown to return a range of properties, including former Crown properties now in private ownership, to the iwi.

The tribunal found that redress for the wrongful dispossession of 70 per cent of Ngati Kahu lands by 1865 was long overdue, but the circumstances of wider treaty settlement negotiations in the Far North did not warrant the use of its binding powers.

The tribunal found that binding orders to return those properties to the iwi would have upset the "fine balance" of existing agreements and impending treaty settlements with other Te Hiku iwi.

The five iwi of Te Hiku, including Ngati Kahu, entered into collective negotiations with the Crown in 2008, agreeing to a division of Crown-owned properties and other assets, the report said. Ngati Kahu subsequently withdrew from those negotiations, however, leading to the application to the tribunal, seeking properties earmarked for return to other iwi.

The tribunal was also unable to recommend a total settlement package in the order of that sought by Ngati Kahu, which it described as well in excess of settlements already achieved elsewhere.

Non-binding recommendations were warranted, however, given the significant prejudice Ngati Kahu had suffered as a result of Crown breaches of the treaty, including a settlement package comprising various forms of cultural redress, a commercial quantum totalling $42.5 million and the return of properties within the iwi's rohe with significant commercial and cultural value.

The tribunal recommended that the Crown seek to re-engage with Ngati Kahu, and to make an offer of redress.