On this page: 

• Policy refinement and application
  • What policy has been clarified?
  • How will the policy statement be applied? Will the Crown change how it operates?
• Claimant engagement and use of tikanga
  • How much influence will groups have before the Crown offer is made?
  • Does the Crown require a tikanga-based process of engagement by the claimant group?
  • What is the Crown looking for in a tikanga-based engagement process?
• Decision making and redress
  • Does the Crown consider tikanga when making decisions about redress to offer to a claimant group?
  • What does ‘overlapping interests must be addressed to the Crown’s satisfaction’ mean?

Policy refinement and application

What policy has been clarified?

The 2021 policy clarifies the Crown’s policy, principles and processes in terms of:

• the definition of overlapping interests (previously referred to as ‘overlapping claims’)
• the Crown’s understanding of customary interests and associations
• engagement and information-sharing
• tikanga-based resolution processes, and
• matters considered by the Crown when negotiating a redress package and making decisions about redress to offer.

How will the policy statement be applied? Will the Crown change how it operates?

The Crown is focused on applying the policy and principles to the specific circumstances of negotiations (both current and future). The Crown will continue to work with claimant groups to develop and implement a tailored approach to overlapping interests in each negotiation.

The Crown endeavours to be proactive and transparent in its processes, particularly in engagement prior to a Crown offer, information-sharing and support for tikanga-based resolution processes.

Claimant engagement and use of tikanga

How much influence will groups have before the Crown offer is made?

The Crown recognises the importance of engagement by the claimant group and the Crown with overlapping groups prior to a Crown offer being made. The 2021 policy clarifies the Crown’s expectations for claimant groups, and the Crown’s obligations.

The outcome of engagement with overlapping groups will influence Crown consideration of redress to offer and potentially reduce engagement later in the negotiations.

Does the Crown require a tikanga-based process of engagement by the claimant group?

The Crown’s preference is that the claimant group and overlapping groups agree solutions to address any issues relating to overlapping interests directly, in accordance with appropriate tikanga. However, it is the decision of iwi and hapū to choose to engage in a process based on their tikanga.

What is the Crown looking for in a tikanga-based engagement process?

Each tikanga-based overlapping interests process will depend on the groups involved and how they approach it.

Te Arawhiti’s role is to support groups to reach agreement on solutions to any issues. The Crown’s role depends on what the groups want. The Crown can support engagement between groups, at any stage of the overlapping interests process, by funding research for groups, or arranging mediation or facilitation. Groups can contact Te Arawhiti directly for support.

The Crown seeks clear written documentation of the outcomes of engagement, including any agreement between the claimant group and overlapping groups.

The Crown is looking to see what efforts have been made by all groups to resolve issues. The Crown expects claimant groups to engage with overlapping groups but cannot require engagement to occur. There is no benchmark for a resolution process.

Te Arawhiti will report to the Minister for Treaty of Waitangi Negotiations on the status of overlapping interests and the outcomes of engagement. The status of overlapping interests is a factor influencing what redress the Crown offers and whether it proceeds to a settlement milestone or not.

Decision making and redress

Does the Crown consider tikanga when making decisions about redress to offer to a claimant group?

Yes, the Crown will take into account groups’ statements about their interests, including tikanga, when making decisions about redress to offer. This is in the context of a number of factors being considered (some factors are listed under the heading ‘How do overlapping interests influence the redress offered by the Crown?’ in the 2021 policy).

Any decision is guided by the Crown settlement principles and guidelines, Treaty principles, the overlapping interests process undertaken to date, and the views and information shared by groups with the Crown. Sometimes the Crown may seek independent advice from individuals or groups with expertise in the history and traditions of the relevant groups before making a decision.

What does ‘overlapping interests must be addressed to the Crown’s satisfaction’ mean?

Before the Crown decides to initial the deed of settlement with a claimant group, the Minister for Treaty of Waitangi Negotiations makes a decision on whether overlapping interests are addressed to the Crown’s satisfaction and, if needed, in the context of outstanding overlapping issues, what redress is appropriate to offer.

The Crown seeks to undertake a fair, robust and transparent engagement process to facilitate agreement between the claimant group and overlapping groups on solutions to issues raised by overlapping groups. The Crown considers the overlapping interests process undertaken to date, including any agreements between groups or issues raised by groups and efforts by parties to resolve issues.

If agreement cannot be reached between groups, and decisions are required, the Minister for Treaty of Waitangi Negotiations will consider further factors, including:

• the views and information shared by groups with the Crown, including on their interests or associations
• evidence collated by the Crown from multiple sources, and
• Crown settlement principles and guidelines (outlined in the Red Book), and the Treaty principles and ‘overlapping interests’ policy.