DOCSLIB.ORG

The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998 Settling Treaty Claims: The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998 Therese Suzanne Crocker A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy Victoria University of Wellington 2016 ABSTRACT For the past quarter-century the New Zealand government has negotiated with Māori groupings to find ways of compensating for the Crown’s historical breaches of the Treaty of Waitangi. The negotiations take place between mandated claimant negotiators and officials who represent the executive arm of government; the resultant settlements are then endorsed by legislation that declares them to be ‘full and final’ resolutions of historical grievances. This thesis analyses the way New Zealand governments conceived, introduced and implemented policies to address the claims during the pioneering years 1988–1998. The foundational policies worked out in this decade bedded-in the Treaty claims settlement processes which are now nearing their end. Through examining official archives, the thesis finds that these processes initially emerged as policy-driven responses to a combination of factors, such as the broad context of the ‘Māori Renaissance’, social shifts in understanding the past, legal cases and political pressure from iwi. The thesis goes on to explore several years of experimental negotiations and policy formulation which culminated in the Crown’s presentation in 1994 of both a suite of draft policies intended to offer a comprehensive approach to the negotiations process and a notional quantum of $1 billion to settle all historical claims (the ‘fiscal envelope’). It demonstrates that while this package was introduced to shape and contain the emergent settlement mechanisms and their outcomes, policies continued to be modified in highly significant ways. The major settlements negotiated with Waikato-Tainui and Ngāi Tahu, in particular, led to new developments which established the broad shapes of Treaty settlements, and key aspects of them, from the end of the twentieth century onwards. Over 1988–1998, then, the Treaty settlements process transitioned from ad-hoc development of policies and arrangements into an entrenched system, yet one that was flexible enough to change in the course of negotiations with new claimant groups. i Dedicated to Graeme, Hannah and Jessie ii REMEMBERED WITH LOVE ‘Bob’ Robert McKenzie Craig 1921-2012 Robert ‘Barry’ Craig 1947-2015 Jean Margaret Yetton Brown 1931-2016 iii ACKNOWLEDGEMENTS He rangi tā Matawhāiti He rangi tā Matawhānui The person with a narrow vision sees a narrow horizon The person with a wide vision sees a wide horizon I wish to express my sincere appreciation to my supervisors Professor Richard S. Hill and Associate Professor Peter Adds, for their enthusiasm, advice and support of me. I also acknowledge the experiences of the Treaty settlements process that each of them brings. I want to thank Professor Lydia Wevers, whose experience and keen copy editing eye has been a great boost over the last few months of this process. Thanks to you all for not giving up on me, and not letting me give up either. I am grateful to the funding from a Victoria Doctoral Scholarship and a Victoria Doctoral Submission Scholarship. A particular thanks to the Stout Research Centre administrator Debbie Levy, and former administrator Louise Grenside, who both provided much help and assistance throughout my thesis. I have thoroughly enjoyed the friendship and collegiality of the Stout community. To Justin Cargill and the distance staff, and other librarians at the Victoria University of Wellington library, thank you for your expertise and professionalism. I would like to acknowledge those who agreed to be interviewed for this research, both on and off the record. Thank you for your time and your generosity towards me and this topic. I enjoyed our time together. I am also grateful to the staff at the Office of Treaty Settlements who facilitated my access to the files of the Treaty of Waitangi Policy Unit and the Office of Treaty Settlements. The material was invaluable to this research. iv I have been fortunate to enjoy the benefits of great discussions and encouragement from so many as I have worked on this thesis. Thanks in particular to Hazel Riseborough, who for many years has been a source of deep wisdom and friendship. To Marianna Churchward, Janine Hayward and Martin Fisher, and many others, thanks for the great discussions and your enthusiasm (for me) and this project. To my Granny, my parents, my brothers and sisters, all my extended family and the many friends who have supported me (and our family) in so many ways over the journey of this thesis, thank you. Those who offered insight to the academic process, and those who demanded no more than my presence, I have carried you with me through this journey. I really appreciate your encouragement, hospitality, curiosity and support. It has sustained me through some long days. It has been an absolute privilege for me to have been able to return to study to write about this area, which I am passionate about. None of this would have been possible (or worth it) without the boundless enthusiasm and love of my patient and very understanding husband Graeme Brown and our beautiful daughters Hannah and Jessie. You have all sacrificed so much for me to fulfil this goal. We did it. v CONTENTS Abstract .......................................................................................................................... i Acknowledgements .................................................................................................... iv List of Abbreviations .................................................................................................. ix INTRODUCTION ........................................................................................................... 1 Sources..................................................................................................................... 12 Chapter Structure ..................................................................................................... 19 Chapter One: Looking backward to move forward ............................................... 23 Commissions of Inquiry ............................................................................................ 25 The Māori Renaissance ........................................................................................... 29 The Establishment of the Waitangi Tribunal ........................................................... 31 ‘Two People in One Nation’, 1984 ........................................................................... 35 'A Catalyst for Action': The 1985 Treaty of Waitangi Amendment Act ................... 37 The Treaty in a Policy Context................................................................................. 41 The State-owned Enterprises Act ............................................................................ 43 1988: The Establishment of the Treaty of Waitangi Policy Unit ............................. 46 Chapter Conclusion.................................................................................................. 49 Chapter Two: ‘Establishing a pattern for the future’: 1989-1990 ........................ 51 The Treaty Reassessed: Court Decisions and Policy Development ...................... 54 Waikato-Tainui ‘Scoping Negotiations’ .................................................................... 57 Principles for Crown Action ...................................................................................... 59 The Crown Asserts its Position on the Treaty ......................................................... 64 A Reassessment of Historical Claims ..................................................................... 68 1990: The Treaty and the General Election ............................................................ 72 Chapter Conclusion.................................................................................................. 75 Chapter Three: Rapid Policy Development 1991-1993 ......................................... 77 National Government in Power ................................................................................ 82 The Development of the ‘Framework’ Policies........................................................ 85 Historical Grievances vs Contemporary Problem-solving ...................................... 88 Introduction of the Ten-year Programme ................................................................ 89 vi Principles for the settlement of Māori claims .......................................................... 91 Fisheries Agreement September 1992.................................................................... 93 The Policy Debates Continue .................................................................................. 94 Historical and Contemporary Claims ....................................................................... 97 The Authority of the Tribunal and the Settlement Fund .......................................... 98 Chapter Conclusion.................................................................................................. 99 Chapter Four: Finalising the Crown Proposals 1993-1994 ................................ 101 The 1993 General Election .................................................................................... 104 The Government and the Waitangi Tribunal ........................................................
Load more

Recommended publications
  • Race-Ing and Engendering the Nation-State in Aotearoa/New Zealand Nan Seuffert
    Journal of Gender, Social Policy & the Law Volume 10 | Issue 3 Article 4 2002 Race-ing and Engendering the Nation-State in Aotearoa/New Zealand Nan Seuffert Follow this and additional works at: http://digitalcommons.wcl.american.edu/jgspl Part of the Foreign Law Commons, and the Human Rights Law Commons Recommended Citation Seuffert, Nan. "Race-ing and Engendering the Nation-State in Aotearoa/New Zealand." American University Journal of Gender Social Policy and Law 10, no. 3 (2002): 597-618. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Journal of Gender, Social Policy & the Law by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Seuffert: Race-ing and Engendering the Nation-State in Aotearoa/New Zealand SEUERT MACRO 4 WITH AUTHOR EDITS 7/17/02 4:56 PM RACE-ING AND ENGENDERING THE NATION-STATE IN AOTEAROA/NEW ZEALAND NAN SEUERT* I. Introduction...................................................................................................597 II. Silencing Maori Women: Alliances of Men Across Race ............................598 A. Disrupting New Zealand’s Illusion of National Unity: The Nation as Bicultural ...............................................................................................599 B. State Structural Adjustment: The Nation as Global
    [Show full text]
  • Bromley Cemetery Guide
    Bromley Cemetery Tour Compiled by Richard L. N. Greenaway June 2007 Block 1A Row C No. 33 Hurd Born at Hinton, England, Frank James Hurd emigrated with his parents. He worked as a contractor and, in 1896, in Wellington, married Lizzie Coker. The bride, 70, claimed to be 51 while the groom, 40, gave his age as 47. Lizzie had emigrated on the Regina in 1859 with her cousin, James Gapes (later Mayor of Christchurch) and his family and had already been twice-wed. Indeed, the property she had inherited from her first husband, George Allen, had enabled her second spouse, John Etherden Coker, to build the Manchester Street hotel which bears his name. Lizzie and Frank were able to make trips to England and to Canada where there dwelt Lizzie’s brother, once a member of the Horse Guards. Lizzie died in 1910 and, two years later, Hurd married again. He and his wife lived at 630 Barbadoes Street. Hurd was a big man who, in old age he had a white moustache, cap and walking stick. He died, at 85, on 1 April 1942. Provisions of Lizzie’s will meant that a sum of money now came to the descendants of James Gapes. They were now so numerous that the women of the tribe could spend their inheritance on a new hat and have nothing left over. Block 2 Row B No. 406 Brodrick Thomas Noel Brodrick – known as Noel - was born in London on 25 December 1855. In 1860 the Brodricks emigrated on the Nimrod. As assistant to Canterbury’s chief surveyor, J.
    [Show full text]
  • Annual Report 2004/2005
    F.7 Annual Report 2004/2005 F.7 Annual Report of the Transport Accident Investigation Commission Te Komihana Tirotiro Aitua Waka for the period 1 July 2004 to 30 June 2005 Presented to the House of Representatives as required by section 150 of the Crown Entities Act 2004. October 2005 Annual Report 2004/2005 1 27 October 2005 Minister of Transport Parliament Buildings WELLINGTON Dear Minister In accordance with section 150 of the Crown Entities Act 2004, the Commission is pleased to submit, through you, its 14th Annual Report to Parliament for the period 1 July 2004 to 30 June 2005. Yours faithfully Hon W P Jeffries Chief Commissioner 2 Annual Report 2004/2005 F.7 Table of Contents The Commission............................................................................................................................... 4 Offices of the Transport Accident Investigation Commission ......................................................... 5 Chief Commissioner’s Overview ..................................................................................................... 6 Chief Executive’s Report.................................................................................................................. 9 Chief Investigator of Accident’s Report......................................................................................... 11 What is Involved in an Investigation? ............................................................................................ 13 Functions, Responsibilities and Powers ........................................................................................
    [Show full text]
  • Māori Land and Land Tenure in New Zealand: 150 Years of the Māori Land Court
    77 MĀORI LAND AND LAND TENURE IN NEW ZEALAND: 150 YEARS OF THE MĀORI LAND COURT R P Boast* This is a general historical survey of New Zealand's Native/Māori Land Court written for those without a specialist background in Māori land law or New Zealand legal history. The Court was established in its present form in 1865, and is still in operation today as the Māori Land Court. This Court is one of the most important judicial institutions in New Zealand and is the subject of an extensive literature, nearly all of it very critical. There have been many changes to Māori land law in New Zealand since 1865, but the Māori Land Court, responsible for investigating titles, partitioning land blocks, and various other functions (some of which have later been transferred to other bodies) has always been a central part of the Māori land system. The article assesses the extent to which shifts in ideologies relating to land tenure, indigenous cultures, and customary law affected the development of the law in New Zealand. The article concludes with a brief discussion of the current Māori Land Bill, which had as one of its main goals a significant reduction of the powers of the Māori Land Court. Recent political developments in New Zealand, to some extent caused by the government's and the New Zealand Māori Party's support for the 2017 Bill, have meant that the Bill will not be enacted in its 2017 form. Current developments show once again the importance of Māori land issues in New Zealand political life.
    [Show full text]
  • Monograph 2 107 Vuwlr Monograph Number 2
    MONOGRAPH 2 107 VUWLR MONOGRAPH NUMBER 2 Courts, Ombudsmen and Freedom of Information THE EMPIRE STRIKES BACK by MICHAEL TAGGART Professor of Law University of Auckland Published by Victoria University of Wellington Law Review Produced in the Law Faculty of Victoria University of Wellington ISBN Printed by StyleX Print, Box 321, Palmerston North Contents I The judgment at first instance .............................................................. 1 II The interim: 1985-1988 ............................................................................ 11 HI In the Court of Appeal .............................................................................15 A The impact of the work of the Criminal Law Reform Committee ........................................................................ 18 B Enforcement ..................................................................................... 24 C The role of the ombudsmen ..........................................................32 D Pearce in comparative Common Law perspective ...................38 E Crown prosecutors and legal professional privilege .............39 F The privacy interests of potential witnesses ..............................46 IV Conclusion 47 Author's Note I acknowledge gratefully my debt to the Faculty of Law at Queen's University, Kingston, whose facilities I enjoyed as a Visiting Scholar while writing this paper. I thank David Baragwanath, David Dyzenhaus, Anne French, Ron Paterson and Graham Taylor for helpful comments on an earlier draft of this paper. Michael
    [Show full text]
  • Te Wairua Kōmingomingo O Te Māori = the Spiritual Whirlwind of the Māori
    Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. TE WAIRUA KŌMINGOMINGO O TE MĀORI THE SPIRITUAL WHIRLWIND OF THE MĀORI A thesis presented for the Degree of DOCTOR OF PHILOSOPHY in Māori Studies Massey University Palmerston North, New Zealand Te Waaka Melbourne 2011 Abstract This thesis examines Māori spirituality reflected in the customary words Te Wairua Kōmingomingo o te Maori. Within these words Te Wairua Kōmingomingo o te Māori; the past and present creates the dialogue sources of Māori understandings of its spirituality formed as it were to the intellect of Māori land, language, and the universe. This is especially exemplified within the confinements of the marae, a place to create new ongoing spiritual synergies and evolving dialogues for Māori. The marae is the basis for meaningful cultural epistemological tikanga Māori customs and traditions which is revered. Marae throughout Aotearoa is of course the preservation of the cultural and intellectual rights of what Māori hold as mana (prestige), tapu (sacred), ihi (essence) and wehi (respect) – their tino rangatiratanga (sovereignty). This thesis therefore argues that while Christianity has taken a strong hold on Māori spirituality in the circumstances we find ourselves, never-the-less, the customary, and traditional sources of the marae continue to breath life into Māori. This thesis also points to the arrival of the Church Missionary Society which impacted greatly on Māori society and accelerated the advancement of colonisation.
    [Show full text]
  • Waikato-Tainui and Ngāi Tahu's Treaty Settlement Negotiations With
    Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown Martin Fisher A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in History Victoria University of Wellington 2015 i ii Abstract Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues. Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation.
    [Show full text]
  • Non-Governmental Influence on New Zealand's Nuclear Disarmament
    Principled Pragmatism: Non-Governmental Influence on New Zealand’s Nuclear Disarmament Advocacy 1995-2000 Thesis submitted in fulfilment of the requirements for the Degree of Master of Arts in Political Science Author: Lyndon Burford University of Canterbury November 2008 Acknowledgements ................................................................................... i Declaration of Personal Interests............................................................... i Abbreviations ........................................................................................... ii Abstract ................................................................................................... iv Chapter 1: Introduction.............................................................................................. 1 1. Nuclear Free New Zealand ........................................................................... 1 2. The Power of Ideas ....................................................................................... 6 3. The Rise of Non-Governmental Organisations ............................................ 6 4. Previous Research......................................................................................... 7 5. Nuclear Disarmament and Non-Proliferation in Crisis ................................ 8 6. Conclusion .................................................................................................. 15 Chapter 2: Theoretical Framework......................................................................... 17 1. Introduction................................................................................................
    [Show full text]
  • Treaty Ill History 2020 AI.Indd
    BRIDGET WILLIAMS information sheet BOOKS The Treaty of Waitangi | Te Tiriti o Waitangi An Illustrated History (new edition) Claudia Orange Claudia Orange’s writing on the Treaty has contributed to New Zealanders’ understanding of this history for over thirty years. In this new edition of her popular illustrated history, Dr Orange brings the narrative of Te Tiriti/Treaty up to date, covering major developments in iwi claims and Treaty settlements – including the ‘personhood’ established for the Whanganui River and Te Urewera, applications for customary title in the foreshore and seabed, and critical matters of intellectual property, language and political partnership. New Zealand’s commitment to the Treaty claims process has far-reaching implications for this country’s future, and this clear account provides readers with invaluable insights into an all-important history. The Treaty of Waitangi by Claudia Orange was fi rst published in 1987 to national acclaim, receiving the Goodman Fielder Wattie Award. This widely respected history has since advanced through several new editions. The Treaty of Waitangi/Te Tiriti o Waitangi: An Illustrated History is the most comprehensive RRP: $49.99 | paperback | 215 x 265mm account yet, presented in full colour and drawing on 488 pages | over 300 illustrations Dr Orange’s recent research into the nine sheets of the ISBN 9781988587189 Treaty and their signatories. Publication: 8 December 2020 Distributor: David Bateman Ltd PO Box 100 242, North Shore Mail Centre, Auckland 0745 | (09) 415 7664 extn 0 [email protected] Sales Manager: Bryce Gibson (09) 415 7664 extn 811 | [email protected] Sales Representatives: KEY POINTS Murray Brown – Waikato, Bay of Plenty, Coromandel , Auckland, Northland • A comprehensive and beautifully illustrated history 021 278 6396 | [email protected] of the Treaty that is accessible to the general reader.
    [Show full text]
  • Inventory Report
    Date: 16 August 2013 Prime Minister’s Residence 260 Tinakori Road Image: Historic Places Trust Summary of heritage significance • Premier house has architectural value as an example of the Italianate style and stands as an excellent representative of the architecture of the period. The building expresses well the grandeur of its function as the prime minister’s residence. The redesign in 1872-73 was by one of Wellington’s most prominent architects, William Clayton. • The house is not visible from the street so has little role in the streetscape, however the grounds are highly visible and provide a great deal of visual interest on a street that is otherwise built up to the footpath and road. It is a landmark on Tinakori Road and contributes to the character and sense of place in Thorndon, and more widely, Wellington. • This building has significant authenticity and integrity due to the retention of some materials from the original cottage construction and the material from the 1872-73 William Clayton developments. 1 Date: 16 August 2013 District Plan: Map 18, reference 308 Legal Description: Sec 1 SO 36604 Heritage Area: HPT Listed: Category I, reference 1371 Archaeological Site: Pre 1900 Building Other Names: Key physical dates: Built: 1862-73 Architect / Builder: Former uses: Residential Current uses: Residential Earthquake Prone Status: Not Earthquake Prone – SR 191371 Extent: Cityview GIS 2013 2 Date: 16 August 2013 1.0 Outline History 1.1 History1 When the capital city was moved from Auckland to Wellington in 1865, the Crown purchased sections 630 and 631 from Richard Collins for £2900 as a residence for the premier, as the site was close to the new Government buildings.
    [Show full text]
  • TAIC Ann Rep 05-06.Pdf
    Transport Accident Investigation Commission 2006 ANNUAL REPORT Transport Accident Investigation Commission Te Komihana Tirotiro Aitua Waka Annual Report for the period 1 July 005 to 30 June 006 Presented to the House of Representatives as required by section 150 of the Crown Entities Act 2004. • ANNUAL REPORT 0 0 5 / 0 0 6 7 October 006 Minister of Transport Parliament Buildings WELLINGTON Dear Minister, In accordance with section 150 of the Crown Entities Act 004, the Commission is pleased to submit, through you, its 16th Annual Report to Parliament for the period 1 July 005 to 30 June 006. Yours faithfully, Hon. W P Jeffries Chief Commissioner Transport Accident Investigation Commission www.taic.org.nz www.taic.org.nz Transport Accident Investigation Commission Contents 4-5 The Commission 4 The Commission’s Contribution to the Transport System 6-9 Chief Commissioner’s Overview 10-12 Chief Executive’s Report 20-27 Investigations 13-15 Chief Investigator of – Making a Difference Accidents’ Report 48 Work Programme 28-34 Reports and Recommendations 16 Medical Advisor’s Report – Making an Impact 48 Statement of Responsibility 17 The Assessors 35-38 Safety Recommendations 49-58 Financials 18-19 Making Inquiries 39 International Activities 59-60 Statement of Objectives and – The Commission’s Work – Being Prepared Service Performance 40-47 Summary of Activities 61-62 Audit Report 63-67 The Commission’s Functions and Role Aviation Marine Rail ANNUAL REPORT 0 0 5 / 0 0 6 • 3 4 • ANNUAL REPORT 0 0 5 / 0 0 6 The Commission The Transport Accident Investigation Commission is New Zealand’s independent transport accident investigation agency investigating aviation, rail, and maritime accidents and serious incidents.
    [Show full text]
  • Muriwhenua Land Report
    MURIWHENUA LAND REPORT WAITANGI TRIBUNAL REPORT 1997 MU RIWHENUA LAND REPORT MURIWHENUA LAND REPORT W A I 45 WAITANGI TRIBUNAL REPORT 1997 G P PUBLICATIONS The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfolds in a pattern not yet completely known A Waitangi Tribunal Report is b n 1-86956-202-x © Crown copyright 1997 Produced by the Waitangi Tribunal Published by GP Publications, Wellington, New Zealand Printed by GP Print, Wellington, New Zealand Set in Times Roman LIST OF CONTENTS Letter of transmittal........................................................................................................ xvii Preface...............................................................................................................................xix Chapter 1: O verview .........................................................................................................1 A summary of the claim and findings Chapter 2: The People and the L a n d ......................................................................... 11 On the nature of the Maori social system and law which conditioned the Maori view of the first land transactions; This law is directed not to property but to relationships between people; Maori and Europeans on first contact 2.1 Initial issues - conflicting laws and contractual mutuality..................................11 2.2 Original occupation.................................................................................................
    [Show full text]