Overlapping groups — respecting their interests
How overlapping groups, claimant groups and the Crown protect the interests of overlapping groups in Treaty settlement negotiations.
Three groups in the negotiation process
There are 3 groups in Treaty settlement negotiations with overlapping interests.
Overlapping groups
Claimant or other groups that share customary, cultural or historical associations over an area or natural resource that is the subject of historical Treaty settlement negotiations.
Claimant groups
Either a:
- single iwi
- group of iwi
- collection of hapū from the same geographical area.
The Crown
The government and its organisations. Te Arawhiti negotiates with representatives of claimant groups on behalf of the Crown.
How to respect the interests of overlapping groups
Each group has different responsibilities during Treaty settlement negotiations.
1 — Mandate
This part of Treaty settlement negotiations involves:
- nominating representatives for your claimant group
- voting on your representatives
- writing a Deed of Mandate document
- getting your representatives mandated.
How each group can build relationships and respect interests
Overlapping groups
Make submissions on the mandate.
Claimant groups
Identify overlapping groups in the deed of mandate.
Engage with the overlapping groups on the:
- mandate
- claimant and claim definitions.
The Crown
Identify overlapping interest groups.
Publish information of the claimant and claim definitions.
Invite submissions.
2 — Redress package for the Crown offer
Creating the redress package can take 12 to 18 months and is part of working towards the Agreement in Principle.
How each group can build relationships and respect interests
Overlapping groups
Discuss and agree on a process for engagement with the claimant group.
Provide information on interests.
Write to the Crown and claimant group:
- confirming support for redress aspirations of the claimant group, or
- identifying any concerns or issues.
Affected groups discuss and agree on a process to resolve issues.
Participate in a process to resolve issues.
Claimant groups
Make initial contact with overlapping groups about:
- the negotiations
- a process of engagement on interests.
Agree on an overlapping-interests strategy with the Crown and a process of engagement with overlapping groups.
Engage with overlapping groups on:
- interests requiring protection through a process of negotiations
- redress goals or potential redress mechanisms, or both.
Request formal notification of support for redress aspirations or any concerns.
Work with affected groups to agree on a process to resolve issues.
Undertake the agreed process to resolve issues.
The Crown
Make initial contact with overlapping groups about the negotiations and a process of engagement on interests.
Seek information about customary interests of overlapping groups — including about Crown assets in overlapped areas.
Agree on an overlapping-interests strategy with the claimant group.
Seek feedback on redress goals of the claimant group or potential redress mechanisms, or both.
Take into account customary interests and feedback when formulating proposed redress package for Ministerial and Cabinet consideration.
3 — Crown offer accepted
Before the Crown can accept the offer, groups must agree on solutions to most of the overlapping interests.
How each group can build relationships and respect interests
Overlapping groups
Either:
- write to the Crown and claimant group confirming your support for the proposed redress (if you have not done so already), or
- identify any concerns or issues.
Between the affected groups, discuss and agree on a process to resolve issues.
Undertake a process to resolve any overlapping-interest issues. If possible, start this before signing the Agreement in Principle — either by:
- written agreement with the affected groups, or
- providing comments and information on the issue and the Crown’s proposed redress.
Claimant groups
Ask to be notified of support for proposed redress (if not already provided) or any concerns.
Agree process, in consultation with affected groups to resolve issues.
Undertake process to resolve any overlapping interest issues. If possible, start this before signing the Agreement in Principle — either by:
- written agreement with the affected groups, or
- providing comments and information on the issue and the Crown’s proposed redress.
The Crown
Write to overlapping groups on a proposed redress in the Crown offer.
Working with the groups, agree on a process to resolve issues.
Undertake the agreed process to resolve issues — either by:
- written agreement between the claimant group and the affected groups, or
- only if necessary, Ministerial decision with an invitation to comment and give information about the issue and the Crown’s proposed redress before a decision is made about whether to maintain or amend the redress offer.
4 — Agreement in Principle signed
The Agreement in Principle (AIP) shows the redress that will be agreed on in the final settlement. It’s not a legally binding document, and it does not describe what your group will get in detail.
Your negotiators work out the details of your settlement with the Crown after signing the AIP.
The Crown is responsible for this step
- Write to overlapping groups outlining proposed potential redress offered in the AIP within the overlapped area and process to resolve any outstanding issues.
- Publish the AIP publicly.
5 — Confirmation of the redress package
While the groups work through the final issues, changes to the package may be made at this step.
How each group can build relationships and respect interests
Overlapping groups
Write to the Crown and claimant group:
- confirming support, or
- noting any outstanding issues and the agreed process to resolve.
Participate in a process to resolve any issues unable to be resolved before the AIP — either by:
- written agreement with the claimant group, or
- providing comments and information on the issue and the Crown’s proposed redress.
Claimant groups
Undertake a process to resolve any issues unable to be resolved before the AIP — either by:
- written agreement with the affected groups, or
- providing comments and information on the issue and the Crown’s proposed response.
The Crown
Undertake a process to resolve any issues unable to be resolved before the AIP — either by:
- written agreement between the claimant group and affected groups, or
- only if necessary, Ministerial decision with comments and information invited on the issue and the Crown’s proposed redress before a decision is made about whether to maintain or amend the redress offer.
6 — Initialled Deed of Settlement
Overlapping interests must be addressed to the satisfaction of the Crown before initialling the Deed of Settlement.
Check the Crown’s policy for overlapping interests
The previous steps are examples of the actions and processes that help in respecting overlapping interests.
Read these steps alongside:
Changes to proposed redress packages follow the process for overlapping interests in the Red Book. Processes can be different to match different situations.