Settlement Negotiations Measured Against the Treaty of Waitangi
(2012) August Māori LR 11.
8 Pages Posted: 4 Feb 2015 Last revised: 11 Feb 2019
Date Written: August 1, 2012
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: Suggested Citation