What happens if overlapping interests can’t be resolved by agreement?
The following section ‘What happens if overlapping interests can’t be resolved by agreement?’ replaces the ‘Overlapping interests’ content on pages 53, 54 and 55 of the Red Book 2018 edition PDF.
- Sometimes it is not possible for groups to reach agreement about how to resolve their overlapping interests in redress offered by the Crown, despite the undertaking of processes by the claimant group and the Crown described in the section ‘How does the overlapping interests process work?’
- If there is no prospect of agreement within reasonable timeframes, the Crown may, as a last resort, have to make a decision about whether to maintain the offer of the redress. Any such decision is guided by the Crown settlement principles and guidelines (pages 24–26 of the 2018 Red Book), Treaty principles described in the section ‘Treaty of Waitangi’ and is also informed by consideration of the factors outlined in the section ‘How do overlapping interests influence the redress offered by the Crown?’, including the overlapping interests process undertaken to date and the views and information shared by groups with the Crown.
- If such a decision is required, the Crown will invite the claimant group and overlapping groups to provide comment and information on the issue and the Crown’s proposal for resolution. In general, the Crown will allow at least three weeks for formal responses to Crown requests for comment and information. However, timeframes will depend on the specific negotiations and agreed process. Meetings may be arranged between the Crown (the Minister for Treaty of Waitangi Negotiations and / or officials from Te Arawhiti) and affected groups to discuss the issue, interests and the Crown’s proposal.
- The comments and information provided by groups will inform Crown decision-making on whether to amend or confirm the redress for inclusion in the agreement in principle or the deed of settlement. 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.
- The Crown’s approach to addressing overlapping interests recognises that overlapping groups will not always be able to reach agreement and the settlement process cannot be held in hiatus indefinitely due to stalemate. This would not be fair to the claimant group, depriving them of the benefits of settlement. The Crown seeks to ensure a fair, robust and transparent overlapping interest process is undertaken that is consistent with Treaty principles and provides for the best opportunity for the resolution of issues raised by overlapping groups.
Utility links and page information
Last updated