Settlement Negotiations Measured Against the Treaty of Waitangi

8 Pages Posted: 4 Feb 2015 Last revised: 11 Feb 2019

See all articles by Carwyn Jones

Carwyn Jones

Victoria University of Wellington - Faculty of Law

Date Written: August 1, 2012

Abstract

On 2 August 2012, the Waitangi Tribunal issued The Port Nicholson Block Urgency Report. This report concerned the claim that the Crown had breached undertakings that they had made to Taranaki Whānui, in respect of commercial properties being offered to other iwi around the Port Nicholson area. Their claim was partially upheld in the Tribunal, which found that the Crown had breached their undertaking to not offer property to Ngāti Toa in the Wellington CBD. The Waitangi Tribunal noted that they were permitted to examine pre-settlement negotiations despite the existence of an “entire agreement” clause, as no party may contract out of their Treaty obligations. Finally, it raised concerns about silo risks between different negotiating parties.

Keywords: Waitangi Tribunal, Treaty Settlement, Silo Risk, Pre-Settlement Negotiation, Commercial Redress, Treaty of Waitangi.

JEL Classification: K10, K39.

Suggested Citation

Jones, Carwyn, Settlement Negotiations Measured Against the Treaty of Waitangi (August 1, 2012). (2012) August Māori LR 11., Victoria University of Wellington Legal Research Paper No. 116/2015, Available at SSRN: https://ssrn.com/abstract=2559457

Carwyn Jones (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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