49. When negotiating a redress package with the claimant group, the Crown applies the Crown settlement principles and guidelines (pages 24 and 26 of the 2018 Red Book), and the Treaty principles (described in the section ‘What principles and guidelines underpin the resolution of overlapping interests?’). In general, overlapping interests inform Crown consideration of whether redress should be offered or not, is fair and appropriate, and the type of redress (exclusive, non-exclusive or joint) that the Crown may offer.
50. The aspirations of the claimant group and the circumstances of each negotiation are considered on a case-by-case basis by the Crown. There is no one-size-fits-all approach to deciding what redress is appropriate to offer to achieve a durable settlement. The Crown considers a number of factors, including:
    • do the claimant group and any overlapping groups have customary interests and / or associations in relation to the site, area or natural resource? If yes, what is the nature of customary interests and / or associations of the claimant group and the overlapping group(s) in the site, area or natural resource?
    • how might the Crown’s decisions to offer redress affect the customary interests and / or associations of a claimant group and overlapping groups to a site, area or natural resource?
    • what redress options are available for use in future settlement(s) with overlapping groups in the overlapping area?
    • whether it is appropriate to provide exclusive redress (to the claimant group)?
    • whether it is appropriate to provide non-exclusive redress so as not to preclude similar redress for groups that have not yet settled their claims over the same area?

51. The Crown’s approach to negotiations on governance and management arrangements for a natural resource (including a harbour) is to provide an opportunity for all groups with customary interests in the natural resource to be involved at an early stage in the negotiations. This includes groups that already have comprehensive Treaty settlements and groups that are yet to enter negotiations. The Crown expects the final arrangement to appropriately provide for the interests of each group. This approach acknowledges the contemporary relationship of the groups to natural resources and ensures a durable arrangement based on the Treaty of Waitangi (Te Tiriti o Waitangi) principle of partnership.
    
    Governance and management arrangements over natural resources are fully explained in the section Treaty settlements negotiations — natural resources redress.

Consideration of exclusive and non-exclusive cultural redress

52. Crown decisions to offer cultural redress are based on recognition of demonstrated customary interest (relationship) or associations to a site, area or natural resource within the area of interest.
53. Exclusive cultural redress is generally considered where a claimant group has expressed a strong customary interest or association (spiritual, cultural, historical and traditional association) or relationship to a site of special significance, that warrants exclusive cultural redress (taking into consideration any information about the customary interest or association of overlapping groups with that site). An example of exclusive cultural redress is the vesting of cultural redress properties in a single claimant group.
54. Sometimes the Crown may consider joint cultural redress or provide exclusive cultural redress to more than one group in the same area where the groups have a strong customary interest or association that justifies this. For example, a cultural redress property may be jointly vested in the governance entities of two or more claimant groups, as tenants in common, with undivided allocated shares. Alternatively, the Crown may exclusively vest one of several discrete cultural redress properties, located in the same vicinity, in each governance entity.
55. Alternatively, where overlapping interests exist, the Crown may offer non-exclusive redress, such as statutory acknowledgements and relationship agreements, so as not to preclude similar redress being offered to overlapping groups over the same area.
56. All forms of cultural redress are explained fully in the Red Book PDF.

Consideration of exclusive commercial redress

57. Crown decisions to offer commercial redress (property or rights) within the area of interest are generally aimed at a distribution of assets across claimant groups that will contribute to the economic and social aspirations of each claimant group. Commercial property redress is generally exclusive. If there is a particular cultural association with the location of a prospective commercial redress property, that association will also be carefully considered. Commercial redress is explained fully on page 81 of the 2018 Red Book.
58. In developing the commercial redress package, consideration at a high level is given to whether there is a customary interest or association in the area that warrants the commercial redress. For example, if several groups seek redress for Crown Forest licensed land (CFL land) in the same area and claim an interest in that land, the Crown will first consider whether each group has demonstrated a customary interest or association in that land. If a customary interest or association is demonstrated, the Crown then considers:
    • the potential availability of other CFL land for each group;
    • the relative size of likely redress for the Treaty claims, given the nature and extent of likely breaches;
    • the nature of the customary interests or associations in the land; and
    • what uncertainties are involved.
59. Where uncertainties exist, such as conflicting historical accounts of association with the land, the Crown is likely to take a cautious approach to offering CFL land redress.
60. The relative weightings given to each of these considerations will depend on the precise circumstances of each CFL land case. Broadly, a claimant group would only have to show an interest or association in the CFL land to be eligible to receive that land as redress. The nature of relative customary interests or association in the land is only likely to be the primary factor when there is limited CFL land available.
61. The Waitangi Tribunal has found that this approach to addressing overlapping interests in CFL land is consistent with the Treaty of Waitangi and its principles.