Chris Finlayson: Whakatohea report wrong

Chris Finlayson. Photo/file

Claims National put politics ahead of achieving a just settlement with an Eastern Bay of Plenty iwi are wrong, according to former Minister for Treaty of Waitangi Negotiations Chris Finlayson.

The Waitangi Tribunal released its report into the Whakatohea Mandate Claims this week, finding the Crown breached treaty principles by prioritising its political objective of concluding settlements by mid-2020 instead of a process fair to Whakatohea.

The tribunal also found the Crown should have given more weight to opposition expressed by several Whakatohea hapu to the Pre-settlement Trust instead of picking and backing the group considered most likely to achieve the Crown's objective of a quick settlement.

"This not only caused prejudice to Whakatohea, it also puts at significant risk the prospect of durable settlement based upon a restored Treaty relationship," Judge Michael Doogan, presiding officer for the inquiry, said.

The tribunal said those opposed to the mandate had good reason to feel that their concerns were not given a fair hearing.

It recommended a temporary halt to negotiations so all of Whakatohea could be given a chance to vote on how to proceed and that the Crown commit to maintaining its current settlement offer and pay interest on the cash component of the settlement offer.

Finlayson, the National Party spokesman for Crown-Maori Relations, said suggestions political consideration overrode the need for a just and durable settlement was "wrong and insulting to the Crown and to me personally".

"The agreement in principle negotiated with Whakatohea is one of the largest ever recognising the severe losses suffered by the iwi over many years.

"Throughout my time I worked with Whakatohea over at least seven years to lay the foundations for a successful settlement. Crown officials also laboured for many years with the leadership of Whakatohea to get to a position in 2016 where the iwi was invited to enter into negotiations.

"There was nothing rushed about it. Indeed when I attended the commemorations of the battle of Te Tarata in October 2015 I was criticised by some speakers for taking too long to begin negotiations."

Finlayson said in adopting this approach to the actions of the Crown, the Tribunal had failed to "consider the full history and process of the negotiations".

"The suggestion that the Crown should pay interest is unreasonable. Interest is always paid from the time of the initialling of the deed of settlement and I hope the Crown ignores this recommendation.

"I applaud the statesmanlike approach of Whakatohea leaders who have welcomed the report and the recommendation that there be another ballot – which was always agreed – to resolve these matters.

"I also acknowledge the outstanding efforts of all Crown officials with whom it was my privilege to work on this very important matter.

"The fine leaders of Whakatohea who have worked so hard on these negotiations in recent years deserve to be praised for their efforts and I hope that this report doesn't deter them from seeking a full and final settlement of their grievances."