Introduction
This introduction to the ‘Overlapping interests’ section of the Red Book and subsequent sections replaces the ‘Overlapping interests’ content on pages 53, 54 and 55 of the Red Book 2018 edition PDF.
- Overlapping interests is a crucial part of every historical Treaty of Waitangi settlement. The Crown has Treaty obligations to all groups and seeks to apply the principles of partnership, protection and redress to the overlapping interests process and to Crown decisions regarding what redress is fair and appropriate to offer. Because of the diversity of interests and nuances in each negotiation, the Crown purposefully takes a flexible approach to overlapping interests that is tailored to the specific circumstances of the negotiations and relations.
- This policy is intended to provide guidance to claimant groups in negotiations, overlapping groups and Crown agencies on the Crown’s approach to addressing overlapping interests in historical Treaty of Waitangi settlement negotiations. It replaces the overlapping interests sections on pages 53, 54 and 55 of the 2018 edition of the Crown’s guide to Treaty of Waitangi claims and negotiations ‘Ka tika ā muri, ka tika ā mua — Healing the past, building a future’ (commonly referred to as ‘the Red Book’) and the 2013 Office of Treaty Settlements policy document on overlapping claims in Treaty settlement negotiations.
- The 2021 policy is a refinement of Crown policy on ‘overlapping interests’ (previously called ‘overlapping claims’) undertaken in response to Crown participation in Waitangi Tribunal inquiries and consideration of the Waitangi Tribunal’s findings and recommendations relating to overlapping interests. The 2021 policy has been informed by engagement with the National Iwi Chairs Forum.
- The 2021 policy provides detail on the Crown’s overlapping interests policy and processes as at December 2021.
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