"It gives rise to an unacceptable degree of risk and uncertainty." He said those water claims should be settled before the TPP came into effect.
Many of the claimants are from Northland and have referred to last year's Waitangi Tribunal decision that found the hapu of that region did not cede sovereignty at the time of signing the Treaty. Judge Doogue said that finding was restricted to sovereignty at the time of the signing in 1840 and stage two of that report was expected to cover whether Maori had ceded sovereignty since then. The claimants have also criticised the secrecy of negotiations, saying the Government did not have "unbridled" rights to act on behalf of Maori without involving them.
Annette Sykes said she believed there was a window of opportunity for a report from the Tribunal to inform the select committee considering the TPP that there had been a Treaty breach. "We do not accept that the Treaty exception is the protection the Crown claims it to be."
She said each of the partners of the TPP should be asked to confirm that the Treaty protection was "water tight." If they were not willing to do so, it meant the Treaty clause should be amended. "IF the Crown can not fix it, there is a fundamental question whether that Treaty exception is any protection at all."
She said the Crown had described it as the most significant agreement it had signed, and each agreement had a progressive impact on Maori rights. She said the Crown's conduct in failing to negotiate with Maori before agreeing to the TPP was "deplorable."