Tribunal urges Crown to engage with Māori on Takutai Moana funding changes

The Waitangi Tribunal criticised the Crown for quick funding changes without consultation. Photo / RNZ

By Pokere Paewai of RNZ

The Waitangi Tribunal wants the Crown to make a genuine effort to engage with Māori when making changes to the funding scheme that allows Māori groups to seek recognition of their coastal rights.

The tribunal released its Stage 2 report into planned amendments to the Marine and Coastal (Takutai Moana) Act on Friday, the report relates to allegations by claimants that the Crown breached Treaty principles through mismanagement of the Takutai Moana Financial Assistance Scheme.

The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is making its way through Parliament as part of the National-NZ First coalition agreement to amend Section 58 of the act “to make clear Parliament’s original intent”.

Section 58 of the act sets out the statutory test Māori groups must meet for recognition of their coastal rights. This is known as customary marine title (CMT).

Groups can request funding to progress their CMT claims through the High Court. Te Arawhiti (now Te Tari Whakatau) advised the Government the costs would go up to around $19 million for the 2024-25 financial year.

The tribunal said the Government waited too long before it declined to up the funds, leaving claimants in the lurch.

“We acknowledge that the regime under the act is expensive. However, it is a regime of the Crown’s own making, one in which Māori have participated in good faith.

“The Crown accepts that the applicants’ costs have not been unreasonable, however, it is concerned that its own regime costs more than it would like - a problem not caused by the applicants,” the tribunal said in its letter to ministers.

The tribunal found the funding changes were introduced quickly, without consultation, impacting applications on the verge of hearing and that the funding changes limited applicants’ access to legal representation.

Tribunal recommendations

For the next financial year the tribunal recommended:

• The Crown, when revising the funding scheme for the 2025-26 financial year and beyond, adhere to Treaty-compliant processes and decision making.
• The Crown makes a genuine effort for meaningful engagement with Māori.

The tribunal reiterated its recommendation in an earlier report that the statutory deadline for applications be removed from the act, as this has put financial pressures on the scheme.