NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Waitangi wrangle burns $1m legal fees

David Fisher
By David Fisher
Senior writer·NZ Herald·
31 Oct, 2014 04:00 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Treaty Settlements Minister Chris Finlayson. Photo / Mark Mitchell

Treaty Settlements Minister Chris Finlayson. Photo / Mark Mitchell

Cashflow driving Treaty claims system is drying up during power struggle and ensuing feeding frenzy for lawyers, says minister

Treaty Settlements Minister Chris Finlayson has launched a stinging attack on former High Court judge and Waitangi Tribunal chairman Sir Eddie Taihukurei Durie, saying he is disappointed in the way "someone who has sought high judicial office" acted in a power struggle which has seen more than $1 million from a Treaty settlement research fund spent on lawyers' fees.

The strong words came from Mr Finlayson during an interview in which he said his patience had snapped with the Crown Forestry Rental Trust and its squabbling Maori trustees.

Mr Finlayson said infighting on the body - caretaker of $300 million in forestry assets - had disrupted the Treaty settlement process and he singled out Sir Eddie's role in making allegations against Crown-appointed chairwoman Angela Foulkes.

"It's particularly disappointing when someone has held high judicial office and is making those sorts of allegations," said Mr Finlayson.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

A Herald investigation into the infighting has found the trust largely paralysed for almost two years after Sir Eddie was appointed as a trustee and began questioning the processes used to award millions of dollars in research money.

The money - about $30 million a year - is paid out from rentals earned on the forestry assets and used to fund research into Waitangi Tribunal claims.

Court papers show Sir Eddie's questions about process led to claims of conflicts of interest among trustees, accusations of improper behaviour and ultimately a string of court cases which have spent 18 months in the High Court and are now headed for the Court of Appeal.

The case involves some of Maoridom's most prominent figures - the NZ Maori Council has Sir Eddie, John Tamihere, Donna Huata, Titewhai Harawira and Graham Latimer among its number. On the Federation of Maori Authorities' side is company director Traci Houpapa, business leader James Wheeler and academic Dr Riri Ellis.

Advertisement
Advertise with NZME.

Together, the council and federation are meant to appoint three Maori trustees who sit opposite three Crown trustees, who together decide which claims should be funded. The dysfunction of the trust is such that High Court Justice Stephen Kos will issue a decision this week which is expected to appoint trustees - a decision meant to be made by the Maori Council and the federation.

While there is dispute over who was responsible for the case going to court, it was lodged by the NZ Maori Council as the first applicant with Sir Eddie as a second.

Accounts for the trust show more than $1 million was spent on legal fees in the 2013-2014 financial year, with those involved in the case confirming the total cost as being much higher.

In an affidavit, trust chairwoman Angela Foulkes said by August 2013 the dispute had caused 12 applications for $8 million of funding of progress Treaty claims to be frozen.

Discover more

New Zealand|politics

Labour leadership: Who has the support?

26 Oct 11:09 PM
Kahu

Maori Party almost votes against Government

30 Oct 05:23 AM
Kahu

The cuss word on Marama Fox's lips

30 Oct 07:26 PM
New Zealand|politics

Maori Party focussed on rebuild

31 Oct 04:00 PM

Court files show letters from Ms Foulkes to Mr Finlayson, Finance Minister Bill English and the Maori Land Court chief judge Wilson Isaac warning the flow of cash driving the Treaty claims system was drying up. Judge Isaac had already raised an alarm over the stoush in January 2013, listing a schedule of hearings and warning "the impact of your decision across the majority of our work programme will be major".

Mr Finlayson said Ms Foulkes was a "tremendous person" and the halting of the funding had forced him to approach the Cabinet on a number of occasions to keep the Treaty settlement process going. He said he had to seek permission for money from the Office of Treaty Settlements to fund research - money which was meant to come from the trust.

"There may need to be a legislative solution. I may have to talk to Parliament about it. It's been a problem for two years and is causing me considerable concern."

He said the rising legal bill was "the most appalling thing of all. It's become a feeding frenzy for lawyers."

Sir Eddie said Mr Finlayson needed to appoint an independent judge to inquiry into the dysfunction on the board. "I'm deeply saddened to hear the minister has the views that he has. He has not spoken to me about these matters. He appears to be misinformed."

Sir Eddie - also former chief judge of the Maori Land Court - said Maori were being forced through the trust to conform to a Crown mode of Treaty settlement.

Advertisement
Advertise with NZME.

He said he would welcome an amendment to the trust structure. "There is a serious problem with two separate bodies appointing three trustees. Two into three don't go. You have a structural problem."

Federation chairwoman Traci Houpapa said there had been "extraordinary pressure and stress" on all involved. "It's cost everyone involved an extraordinary amount of time, money, stress and heartache and it needs to stop."

Ms Foulkes, who is no longer chairwoman, said the row had been unpleasant. "It's been a very long and difficult two years. If people have fixed views ... it becomes difficult to unscramble."

Save

    Share this article

Latest from New Zealand

New Zealand

Rich-lister philanthropist backs Wellington mayoral hopeful Ray Chung

18 Jun 06:57 PM
Premium
New Zealand

'Overly aggressive' letter from Napier mayoral candidate upsets national motor caravan body

18 Jun 06:08 PM
New Zealand

Belle of the ball: Shop owner gives away formal dresses and suits to high schoolers

18 Jun 06:00 PM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Rich-lister philanthropist backs Wellington mayoral hopeful Ray Chung

Rich-lister philanthropist backs Wellington mayoral hopeful Ray Chung

18 Jun 06:57 PM

The wealthy donor believes the capital is in 'serious decline'.

Herald NOW: Daily Weather Update: June 19 2025

Herald NOW: Daily Weather Update: June 19 2025

Premium
'Overly aggressive' letter from Napier mayoral candidate upsets national motor caravan body

'Overly aggressive' letter from Napier mayoral candidate upsets national motor caravan body

18 Jun 06:08 PM
Belle of the ball: Shop owner gives away formal dresses and suits to high schoolers

Belle of the ball: Shop owner gives away formal dresses and suits to high schoolers

18 Jun 06:00 PM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP