Review of the 2018 ‘overlapping claims’ policy

In response to the Waitangi Tribunal’s findings and recommendations relating to overlapping interests, Te Arawhiti has undertaken a review and refinement of current Crown policy on ‘overlapping interests’.

The review and refining of Crown policy were informed by engagement with the National Iwi Chairs Forum between 2018 and 2020.

The review has resulted in the 2021 policy on the Crown’s approach to addressing overlapping interests in Treaty settlement negotiations.

The Crown values the work of claimant groups and participation of other groups, whether settled or not, in the overlapping interests process. The 2021 policy confirms the Crown’s commitment to work with groups in current and future overlapping interest processes, to tailor the overlapping interests approach to the circumstances of each negotiation.

2021 updates to the ‘overlapping interests’ policy

Refinement of 2018 policy

The 2021 policy on overlapping interests is a refinement of policy — it does not represent new policy.

The updated 2021 version provides a fuller explanation of the Crown’s policy, principles and processes relating to overlapping interests than what is in the 2018 version of the Red Book. The update to policy reflects the Crown’s commitment to considering what is best practice within the policy framework.

Document changes

The name of the policy has changed from ‘overlapping claims’ to ‘overlapping interests’.

The 2021 policy replaces the:

• ‘overlapping interests or shared interest’ and the ‘exclusive and non-exclusive redress’ 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
• 2013 Office of Treaty Settlements’ policy document on overlapping claims in Treaty settlement negotiations, which was previously shared with groups in negotiations.

Ongoing policy review

As part of a commitment to best practice, Te Arawhiti expect Treaty settlement policy and processes will continue to be refined over time.

The Arawhiti is reviewing the policy and guidance on the Crown’s approach to the assessment of customary interests and associations for redress purposes, with respect to the application of the 2021 ‘overlapping interests’ policy.

Future updates

A glossary of terms used in the 2021 policy is being prepared and will be published in 2022.