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This short report concerns a claim about the inclusion of Ngā Wairiki in the proposed Ngāti Apa Treaty settlement.

In March 1997, Dame Augusta Wallace was appointed presiding officer for the Waitangi Tribunal’s inquiry into the Kaipara district, and the remaining members of this Tribunal were appointed in June 1997. The records of inquiry of various claims relating to the Kaipara region were combined under the reference number Wai 674 in July 1997. The inquiry district was divided into three areas (stages 1, 2, and 3), to be heard in sequence. Hearings for stage 1 claims commenced in August 1997 and continued until June 1998. The main Te Uri o Hau claims (Wai 229 and Wai 271) were heard by the Tribunal in stage 1. While this stage of the inquiry was in progress, counsel for Wai 229 and Wai 271 made a series of submissions asking the Tribunal to issue an interim report at the completion of the stage 1 hearings. The claimants sought an interim report or preliminary indications from the Tribunal, with a view to entering into direct negotiations with the Crown for the settlement of their claims as soon as possible.

Claims in the Kaipara inquiry fall into three categories:

• those historical claims which will be settled as soon as the Te Uri o Hau Claims Settlement Bill is enacted;
• those claims which are part of the Kaipara inquiry but have not been heard by the Tribunal; and
• those claims which have been heard by the Tribunal but are not included in the Te Uri o Hau settlement.

The reasons for the Kaipara Tribunal's decision to issue this interim report are set out in the following memorandum, which was originally intended for the relevant Ministers:

The members of the Tribunal constituted to hear the Kaipara claims met on 1 May and 6 June 2002, and, after lengthy discussion, unanimously reached the following conclusions. One member was absent from the meetings, but has separately signified his agreement to this memorandum.

1. The Waitangi Tribunal is a permanent commission of inquiry with a statutory responsiblity to inquire into Maori claims of breaches of the Treaty of Waitangi.

2. Independent of the Tribunal process, the Crown reserves to itself the power to negotiate directly with Maori claimants.

3. Before this Tribunal has reported on the Kaipara claims (including Te Uri o Hau claims as defined in the Te Uri o Hau Claims Settlement Bill), the Crown has chosen to negotiate separately with Te Uri o Hau, in isolation from all the other Kaipara claims.

4. The Te Uri o Hau Claims Settlement Act, when passed, will exclude the Tribunal from jurisdiction in relation to those Te Uri o Hau claims.

5. In this Tribunal's view, generic grievances, in relation to which the Crown has admitted culpability in the Te Uri o Hau Settlement, are common to claims throughout the whole Kaipara inquiry district.

6. These generic grievances could be the basis for negotiations and settlements of claims throughout the region. While the Tribunal exercises a separate jurisdiction, it believes that it could be in the interests of other Kaipara claimants for the Crown to enter into direct negotiations with them. In making this statement, this Tribunal is mindful of the dictates of natural justice and the need for that to be perceived by all.

7. Were the Kaipara Tribunal to report on those generic grievances, it would find itself, in general terms, in sympathy with the acknowledgements of Treaty breaches which the Crown has made in the Te Uri o Hau settlement.

8. As soon as possible, the Tribunal intends to publish a brief report of its interim findings in relation to those generic grievances in respect of all Kaipara claims, excepting only Te Uri o Hau claims (as defined above). The Tribunal is aware that this might assist Kaipara claimants and the Crown, should the parties wish to negotiate directly.

9. The Tribunal will consider whether to report finally, in its usual manner, on the Kaipara claims, or any part thereof (other than Te Uri o Hau claims), on application to this Tribunal by the Crown or claimants. Such an application will be notified to all parties to the Kaipara inquiry.

10. The Kaipara Tribunal takes this somewhat unusual course in this inquiry due to the particular circumstances that have arisen following direct Crown negotiations and settlement with Te Uri o Hau, in isolation from the rest of the Kaipara claims, and in advance of the Tribunal reporting. This situation of dual or competing processes occurring in tandem has caused the Tribunal to consider the matter at length. While not vacating its statutory jurisdiction, the Kaipara Tribunal is proposing this course of action in an endeavour to be practical and fair to all parties.

Before this memorandum could be sent to the Ministers, the announcement of a general election on 27 July 2002 was made, and the memorandum was held over for the incoming Government. The Tribunal decided to proceed with its intention of issuing a brief report of its interim findings in respect of generic issues acknowledged by the Crown in the Te Uri o Hau Claims Settlement Bill.