Exhibt A, 27 Mar 2018
Wai 2662, the Whakatōhea Deed of Mandate urgent inquiry
The Whakatōhea Mandate Inquiry Report
Wai 2662, the Whakatōhea Deed of Mandate urgent inquiry
The Whakatōhea Mandate Inquiry Report was released in pre-publication form on 17 April 2018. It was the outcome of an inquiry into 12 claims relating to the Crown’s recognition of the Whakatōhea Pre-settlement Claims Trust (the Pre-settlement Trust) as having a mandate to enter negotiations to settle the historical Treaty of Waitangi claims of Whakatōhea.
The hearings, held under urgency, took place at Whakatāne on 6–10 and 21–22 November. The panel appointed to hear the claims comprised Judge Michael Doogan (presiding), Associate Professor Tom Roa, Dr Robyn Anderson, and Mr Basil Morrison.
The Crown recognised the Pre-settlement Trust mandate in December 2016 and then moved quickly into substantive negotiations. The Pre-settlement Trust and the Crown entered into an agreement in principle in August 2017.
The claimants’ central complaint was that the Crown had breached the principles of the Treaty of Waitangi by failing to actively protect the ability of hapū and Waitangi Tribunal claimants to exercise their rangatiratanga in determining how they would settle their historical claims. Significant concerns were also raised about the process by which the mandate was recognised.
