Remedies Recommendations - The Mangatū Remedies Report

Abstract

In this report the Waitangi Tribunal declined to make any binding recommendations in respect of Crown Forest License land within the Mangatū State Forest. Alan Haronga, on behalf of the Mangatū Incorporation, sought a recommendation from the Tribunal that the land in question be returned to the Mangatū Incorporation. In 2008 and then again in 2009, he applied to the Tribunal for an urgent hearing on the matter of remedies. The Tribunal declined to grant such a hearing. However, in 2011, Mr Haronga obtained a ruling from the Supreme Court that required the Tribunal to convene an urgent hearing on this matter. In addition to the Mangatū Incorporation, three other claimant groups asserted an interest in the Crown Forest License land, also seeking binding recommendations for the return of that land. The Tribunal did not issue any binding recommendations, but did reserve leave for the claimants to return to the Tribunal for a comprehensive remedies process if the Crown and claimants cannot reach agreement on this matter through the settlement negotiation process.

Keywords: Treaty Settlement, Binding Recommendations, Haronga, Prejudice, redress

JEL Classification: K10, K39