15 Nov 2013

Treaty settlement process flawed - claimant

7:11 pm on 15 November 2013

A Ngati Hau descendent is challenging the way the Government reaches treaty settlements, saying they're achieved by breaching the Treaty of Waitangi.

Te Kawehau Hoskins, of Ngati Hau hapu, has filed evidence as part of the Wai 1040 Northland case, known as Te Paparahi o Te Raki regional inquiry.

It's made up of 390 claims by multiple iwi and hapu there and covers a range of areas such as land confiscation and the way natural resources are used.

As part of the ongoing inquiry, the tribunal has been exploring the Maori and Crown understanding of the 1835 Declaration of Independence and the Treaty of Waitangi.

In a brief of evidence to the tribunal, Dr Hoskins argues the settlement process doesn't reflect a treaty based approach because it's dictated by the Crown without consultation or involvement by tangata whenua.

She suggests the Government is then both judge and jury of its own process.

Dr Hoskins says the settlement should instead be guided by Te Tiriti o Waitangi, and ensure a partnership approach.

Te Paparahi o Te Raki regional inquiry is largely made up of claims taken to the tribunal by iwi and hapu of Ngapuhi, Ngati Hine, Ngati Wai, Ngati Whatua, Ngati Rehua, Ngati Manuhiri and Patuharakeke.