HUMAN RIGHTS IN NEW ZEALAND 20 1 0 ministerial portfolios outside Cabinet. The Government The hearing and settlement of Treaty commissioned a review of the Foreshore and Seabed Act, claims approved a Mäori flag to fly on Waitangi Day, made a By 2009, the Waitangi Tribunal had registered more than commitment to a constitutional review and established the Whänau Ora policy. Conversely, recommendations by the Royal Commission on Auckland Governance for Mäori representation in decision-making for the Auckland ‘super-city’ council were rejected. 2120 claims by Mäori against the Crown. A substantial number were new claims received prior to the 1 September 2008 deadline for historical claims. As at September 2009, the Tribunal had reported on 15 of its 37 inquiry districts, covering 71 percent of New Zealand’s land area. At the level of central and local service provision, rela- A further 15 districts were either in hearing or preparing tionships have been developed with individual central for inquiry. In the remaining districts, major tribal groups Government agencies, local bodies and service providers. have settled or are in negotiation. Positive examples of the Crown and Tangata Whenua working together to advance common aspirations include By February 2010, nearly $1.087 billion had been the Crown–Tangata Whenua restoration programme committed to final and comprehensive settlements and to restore and protect the Te Arawa Lakes, and the several part settlements. The total value of settlements co-management agreement which created the Guardians has exceeded a nominal one billion dollars, but has not Establishment Committee to restore and protect the yet reached the equivalent adjusted amount necessary to Waikato River. The establishment of Mäori constituencies activate the relativity mechanism in the earlier deeds. The on Environment Bay of Plenty provides another example largest single settlement to date – enacted by the Central of positive Crown–Tangata Whenua interaction. North Island Forests Land Collective Settlement Act – was There is a long tradition, dating back to the origins of the passed in 2008, and was notable for its creative approach Kïngitanga, of iwi convening at Pukawa on the shores of to achieving a complicated settlement affecting a number Lake Taupo to discuss issues of national importance. More of iwi groups. This settlement alone transferred approxi- recently, the Government has met with an Iwi Leadership mately $450 million in land (176,000 hectares) and cash Group to discuss matters such as climate change, water, to eight central North Island iwi – Ngäti Tüwharetoa, and the foreshore and seabed. The continued growth Ngäti Whakaue, Ngäi Tühoe, Ngäti Whare, Ngäti Manawa, and development of Mäori authorities has worked to Ngäti Rangitihi, Raukawa and the affiliate Te Arawa iwi strengthen Mäori leadership. and hapü – in order to settle their historical grievances The Declaration on the Rights of Indigenous Peoples calls against the Crown. for the State to consult and co-operate in good faith The allocation and transfer of assets from the 1992 with Indigenous peoples through their own representa- Fisheries Settlement is almost complete, and only seven tive institutions, in order to obtain their free prior and informed consent before implementing measures that affect them (Article 19). There are currently no formal constitutional or legal mechanisms to provide for this, nor is there a consensus among Mäori on the desirability of having a pan-Mäori forum to exercise this function. of 57 iwi have yet to assume ‘mandated iwi organisation’ status. Many iwi who have assumed this status are now well advanced in resolving coastline boundary agreements, and are consequently receiving the balance of their commercial fisheries assets. Any such forum should be mandated to address issues in The Mäori Commercial Aquaculture Settlement Act 2004 the Treaty partnership in a proactive rather than reactive provides full and final settlement for all Mäori claims way. Also at stake is whether such a forum would be to commercial aquaculture arising after 21 September established for the benefit of Mäori or for the benefit of 1992. The settlement of aquaculture claims in May 2009 the Crown. The 2010 review of the Mäori Community was a significant milestone. The Crown and 10 coastal Development Act 1962, which established the New iwi signed a deed of settlement that included a one-off Zealand Mäori Council, explores this issue. Currently, the payment of $97 million. This deed covers the majority of primary means of Crown–Tangata Whenua consultation is between the Crown and iwi and hapü. New Zealand’s aquaculture development areas. 51