Introduction................................................................................................................................. 3

Portfolio Background.................................................................................................................. 4

Immediate Issues....................................................................................................................... 8

Background Information............................................................................................................ 10

Introduction

The purpose of this briefing is to provide you with information about the Ministry of Justice and Vote Treaty Negotiations. The briefing covers:

a summary of the role of the Ministry and the management structure Vote Treaty Negotiations;
a summary of the immediate issues and key themes with respect to Vote Treaty Negotiations; and
supporting background information.

There is a focus on issues that are likely to require your consideration in the next four to eight weeks.

We welcome the opportunity to brief you in more detail on these issues and initiatives in the near future.

SECTION ONE

Portfolio Background

Role of the Ministry

The Ministry provides a range of services on behalf of the Government and supports the Minister of Justice and Associate Minister of Justice, the Minister in Charge of Treaty of Waitangi Negotiations and Associate Minister in Charge of Treaty of Waitangi Negotiations, the Minister for Courts, the Minister Responsible for the Law Commission and the Attorney-General.

The Minister of Justice is the lead Minister and responsible for the overall Ministry.

The Ministry is responsible for three core functions:

the delivery of operational services including services to support the work of courts and tribunals, collections, electoral services and negotiations for settling historical Treaty of Waitangi claims
the provision of policy advice
leadership of the justice sector.

We administer these functions in three Votes: Justice; Treaty Negotiations; and Courts.

Structure of the Ministry

The Ministry of Justice employs nearly 3,000 staff across the country in over 100 locations, and is organised into three business groups: Operations, Strategy and Corporate, and Policy and Legal. The Ministry is also responsible for the Chief Electoral Office.

Operations

The Operations Group delivers the majority of the Ministry’s services to the public, and comprises four business units: Higher Courts; District Courts; Special Jurisdictions; and Collections.

Strategy and Corporate

The Strategy and Corporate Group manages the Ministry’s sector leadership responsibilities and provides corporate services to the whole organisation.

Policy and Legal

The Policy and Legal Group is responsible for the development of justice-related policy and legislation, and the negotiation and settlement of historical claims pursuant to the Treaty of Waitangi. This activity is managed through the Office of Treaty Settlements within the Ministry.

Chief Electoral Office

The Chief Electoral Office conducts general elections, by-elections and referenda and provides advice to Ministers and select committees of Parliament on electoral matters. The office also provides administrative support to the Representation Commission in its determination of electoral boundaries.

Ministry Executive Team

The Ministry is led by Belinda Clark the Secretary for Justice and Chief Executive. Her role encompasses both the statutory functions of the Secretary and responsibilities of Chief Executive for the management of the department.

She is supported in her role by an experienced Executive Team and a broader team of senior managers.

The Ministry’s Executive Team is as follows:

Position	Name	Telephone	Cellphone
Secretary for Justice and Chief Executive	Belinda Clark	(04) 494 9851	Withheld under section 9(2)(a)
Deputy Chief Executive	Sandi Beatie	(04) 496 3369	Withheld under section 9(2)(a)
Deputy Secretary Policy and Legal (Acting)	Jared Mullen	(04) 494 9707	Withheld under section 9(2)(a)
Deputy Secretary Strategy and Corporate	Mandy McDonald	(04) 918 8870	Withheld under section 9(2)(a)
Deputy Secretary Operations	Liz Sinclair	(04) 918 8653	Withheld under section 9(2)(a)

Vote Treaty Negotiations

An historical Treaty claim is one that is founded on the Treaty of Waitangi and that relates to events prior to 21 September 1992. Broadly, the Crown objective has been to reach timely, fair, durable, and final settlements for these claims, through a process of negotiation with claimant groups.

The Office of Treaty Settlements is the lead agency for these negotiations, and co-ordinates the input of other departments as necessary.

Services provided

The following services are provided for the Minister in Charge of Treaty of Waitangi Negotiations:

· Policy advice on Treaty negotiations, including advice on generic historical settlement issues, claim development and pre-negotiation, negotiating the settlement of historic Treaty claims and implementing Treaty settlements.

· Representation for the Crown at Waitangi Tribunal hearings (this is provided by the Crown Law Office on behalf of the Office of Treaty Settlements).

· Property portfolio management, including advice on Māori interests in property, managing property acquired for potential use in Treaty settlements, and subsequent transfer to an appropriate claimant group or disposal on the open market.

More detailed information can be found in the Ministry’s 2007/08 Statement of Intent, pp 74 - 78.

2007/08 Appropriations

The following table summarises Departmental Output Expenses for Vote Treaty Negotiations.

For the year ending 30 June 2008	Total Expenses ($000)
Policy Advice – Treaty Negotiations	9,962
Representation – Waitangi Tribunal	2,835
Property Portfolio Management	4,678
Total Vote Treaty Negotiations	17,475

Ministry management structure for Vote Treaty Negotiations

The Director of the Office of Treaty Settlements and the Secretary of Justice sign an annual output agreement with the Minister in Charge of Treaty of Waitangi Negotiations, under which:

· the Director is directly accountable to the Minister in Charge of Treaty of Waitangi Negotiations for Treaty settlement policy, negotiations and implementation of settlements

· the Secretary is accountable to the Minister of Justice for the financial and personnel management, performance and reporting of the Office.

Position	Name	Telephone	Cellphone
Deputy Secretary, Policy and Legal (Acting)	Jared Mullen	(04) 494 9707	Withheld under section 9(2)(a)
Director, Office of Treaty Settlements	Paul James	(04) 494 9826	Withheld under section 9(2)(a)
Deputy Director	Heather Baggott	(04) 494 9861	Withheld under section 9(2)(a)
Deputy Director	Peter Galvin	(04) 494 9843	Withheld under section 9(2)(a)

SECTION TWO

Immediate Issues

This section provides an outline of issues that are expected to require your consideration over the next four to eight weeks.

Issues requiring attention in the short term

The specific matters that require attention in the short term will depend on the progress of the negotiations currently under way. For the Minister in Charge of Treaty of Waitangi Negotiations, these matters could include:

· withheld under 9(2)(j)

· withheld under 9(2)(f)(iv)

· withheld under 9(2)(j)

· signing the six monthly review of the Office of Treaty Settlements work programme in December.

In addition, the Review of Accountability Documents (RoAD) undertaken by Treasury, has modified the processes around accountability for government departments. As a result of these changes, the Ministers for Finance and State Services have indicated that early informal engagement between you and the Ministry on future priorities and strategic direction for the Ministry is required. Officials will discuss this and the draft Budget 2008 initiatives with you shortly.

Issues requiring attention in the next three months

withheld under 9(2)(j)

withheld under 9(2)(j)

withheld under 9(2)(j)

withheld under 9(2)(j)

withheld under 9(2)(j)

withheld under 9(2)(j)

Noting the following initiatives by other agencies that will have an impact on the work of the Office of Treaty Settlements;

the introduction of the Waka Umanga (Māori Corporations) Bill by the Minister of Māori Affairs;
withheld under 9(2)(f)(iv)
withheld under 9(2)(f)(iv)

SECTION THREE

Background Information

Historical claims

Historical Treaty claims are founded on the Treaty of Waitangi and relate to events prior to 21 September 1992. Broadly, the Crown objective has been to reach timely, fair, durable, and final settlements for these claims, through a process of negotiation with claimant groups.

The Crown has acknowledged the validity of historical Treaty claims, at a broad level, throughout the country (a conclusion strongly supported by the specific findings of the Waitangi Tribunal to date). Therefore, it is likely that the Crown will need to reach a Treaty settlement with every tribal grouping.

Claims may go to direct negotiations with or without an historical Waitangi Tribunal inquiry. Settlements span several milestones and can take between four and eight years. The first milestone is mandate recognition (approximately 12 months) before Terms of Negotiation (2-12 months) signal the formal commencement of negotiations. An Agreement in Principle (1-3 years) signifies that the parties have broadly agreed all redress, which is then confirmed in a Deed of Settlement (9-18 months). Settlement legislation gives legal effect to the settlement (1-2 years) and is followed by implementation (1-6 months).

Since 1995, the Crown has completed 14 comprehensive historical Treaty settlements. Seven have been achieved by this government in the last three years. Treaty settlements have encompassed approximately 23 percent of the total Māori population and cover 59 percent of the total land area of New Zealand (but only 17 percent of the land area of the North Island at this stage).

Settling claims by 2020

To settle historical Treaty claims by 2020, Cabinet has recently agreed to follow a strategy of adhering to its policy of negotiating comprehensive settlements with large natural groups to ensure that the number of negotiations and settlements is kept to a practical minimum. To achieve the 2020 target, the Government also agreed to prioritise settling with the six largest iwi who have yet to enter the Treaty settlement process and to further increase the pace of Treaty settlement negotiations.

Treaty Settlement Framework

As settlements have progressed, the Crown’s Treaty settlement framework has continued to be refined. The framework is becoming increasingly familiar to:

claimant groups and their advisers (especially to advisers who have been involved in a number of negotiations)
government departments involved in the settlement process
third parties (such as local government and the Waitangi Tribunal).

Familiarity and broad acceptance of the framework is likely to assist the Treaty settlement process in the future. There is still a need to consider how the framework could be better communicated, especially to claimant groups that have yet to enter negotiations.

The Waitangi Tribunal has engaged with the settlement framework, often as a result of hearing claims related to the settlement process. Although it has made some critical findings, it has also indicated its acceptance and support for key aspects of the framework.

Landbank arrangements

The Office of Treaty Settlements operates a mechanism to protect surplus Crown, District Health Board and Crown Research Institute land for potential use in settling historical Treaty of Waitangi claims. When the land is declared surplus, Māori are invited to express an interest in the Crown setting aside the surplus land. If the Crown agrees to retain ownership of the property, the Office of Treaty Settlements will purchase the property and hold it in a regional landbank.

The entire landbank currently holds 777 properties to the approximate book value of $248 million.

Status of Claimant Groups

The following table provides a snapshot of the status of negotiations by region.

Region	Claims Status
Far North	Two settlements have been concluded: · Te Uri o Hau (2000): a range of redress including $15.6m quantum; and · Te Roroa (2005): a range of redress including a $9.5m quantum. The second reading of the Te Roroa Claims Settlement Bill took place in June 2007. A date is yet to be confirmed for the committee stage and third reading. Ngati Kahu ki Whangaroa are negotiating towards an Agreement in Principle. There has been some protest activity by a small dissenting group centred on the key landbank property, Stony Creek station, which has led to a number of arrests and media attention. Of the five iwi within the Muriwhenua confederation (Ngāti Kuri, Ngai Takoto, Ngāti Kahu, Te Rarawa and Aupouri) the Crown is in negotiations with: · Te Rarawa (who reached an Agreement in Principle in September 2007); and · Aupouri (who signed an Agreement in Principle in 2004, including a quantum of $12m). The Ngāpuhi tribes have decided to go though the Waitangi Tribunal process before negotiating.
Auckland/Hauraki	An Agreement in Principle was signed with Ngāti Whātua o Ōrākei in June 2006 and includes a $10m quantum and a range of other redress. The Waitangi Tribunal released its Hauraki report in June 2006. The Hauraki groups are working towards mandating for negotiations. There are two groups vying to represent the Hauraki iwi: the Trust Board and the Marutuahu Working Group. The Tribunal has heard the South Kaipara claims and released its report in January 2006. The South Kaipara claimants have applied to the Waitangi Tribunal for remedies hearings.
Waikato/King Country	The Waikato-Tainui Raupatu settlement was reached in 1995, including a quantum of $170m. Negotiations with Waikato-Tainui in relation to the Waikato River are progressing towards an Agreement in Principle. The Tribunal recently commenced planning and conferencing for the King Country district.
Bay of Plenty	Two settlements have been concluded: · Ngati Awa (2003): $43.39m quantum · Ngāti Tuwharetoa (Bay of Plenty) (2003): $10.5m quantum. A settlement offer to Whakatohea was not ratified in 1998 and negotiations ended. The Tribunal heard and reported on the Tauranga Moana Raupatu claims in August 2004. Tauranga Moana Stage 2 hearings were concluded in December 2006. Ngāti Ranginui are mandating for negotiations.
East Cape	The Tribunal report on the Turanganui a Kiwi claims was released in October 2004. With their mandates recognised in August 2005, the Gisborne groups signed Terms of Negotiation with the Crown in July 2007 and are currently negotiating towards an Agreement in Principle. Ngati Porou are currently engaged working towards a mandate for negotiations for the East Cape claims.
Taranaki	Settlements have been concluded with four of the eight Taranaki iwi: · Ngati Ruanui (2001): $41m quantum · Ngati Tama (2001): $14.5m quantum · Ngaa Rauru Kiitahi (2003): $31m quantum · Ngati Mutunga (2005): $14.9m quantum. A Heads of Agreement was reached with Te Atiawa in 1999, but negotiations have not progressed due to internal mandate issues. Te Atiawa have begun developing a mandate strategy. No progress to date has been made with Ngati Ruahine, Taranaki and Ngati Maru iwi because of internal issues.
Whanganui/Ngati Apa	Ngati Apa signed an Agreement in Principle in July 2007 and are negotiating towards a Deed of Settlement. The Whanganui River report was released by the Tribunal in 1999. Terms of Negotiation were signed in 2003 but negotiations have since stalled. Waitangi Tribunal hearings for the Whanganui District Inquiry commenced in August 2007.
Central North Island	Te Arawa Lakes settlement legislation was passed in 2006 and title to 13 lakebeds handed back to Te Arawa. A large proportion of Te Arawa’s non-lakes claims have been negotiated under the umbrella grouping of Affiliate Te Arawa Iwi/Hapü. A Deed of Settlement was ratified and signed in September 2006, subject to the passage of enabling legislation. Litigation persists over mandate and overlapping claims. Ngāti Manawa and Ngāti Whare signed Terms of Negotiation in May 2004 and are both in settlement negotiations towards an Agreement in Principle. Tuwharetoa initiated negotiations with the Crown in 2003/04 and then elected to defer negotiations until their Tribunal hearings have progressed further. The Waitangi Tribunal concluded its hearings in Te Urewera District in 2005 and Tūhoe have completed the mandating process. The Waitangi Tribunal is currently conducting hearings in the National Park district. A number of non-comprehensive settlements were concluded in the Central North Island in the 1990s, including with Ngati Rangiteaorere (1993, $760,000), Ngati Whakaue (1994, $5.31m), Ngati Turangitukua (1998, $5m), and Pouakani (1999, $2.65m).
Kahungunu/ Rangitane	Rangitane o Manawatu signed a Heads of Agreement in 1999 but mandate issues have delayed the progress of negotiations. Ministers recently conditionally recognised their reconfirmed mandate. The Tribunal concluded hearings in the Wairarapa ki Tararua District in 2005 and is currently writing its report. There is no overall Kahungunu claim being progressed and it is likely that negotiations will proceed for clusters of tribal groups. Claims in the Wairoa and Heretaunga areas are yet to be heard by the Tribunal, but it has released three reports relating to the Mohaka-Ahuriri area: Te Whanganui o Orotu Report (1988), Mokaha River Report (1992) and Mohaka ki Ahuriri Report (2004). The Ahuriri groups are currently preparing a mandating strategy but have also applied for a hearing to the Waitangi Tribunal.
Wellington/Kapiti	The Tribunal’s Wellington District Report was completed in May 2003. Taranaki Whānui (Wellington) signed Terms of Negotiation in July 2004 and are close to an Agreement in Principle in negotiations for their claims which cover central Wellington and surrounding districts. Ngati Toa signed Terms of Negotiations in September 2007. There has been little progress on other Wellington/Kapiti region based claims and no approach has been made for comprehensive direct negotiations.
Top of the South/ Chatham Islands	The seven other Top of the South (Te Tau Ihu) iwi have formed two groups for negotiations: · Kurahaupo (which includes Ngāti Apa, Ngāti Kuia and Rangitane o Wairau) - Terms of Negotiation signed in June 2006 · Taranaki Tainui ki te Tonga (which includes Ngati Koata, Ngati Rarua, Te Atiawa and Ngati Tama) - mandate for negotiations recognised in October 2006. The Waitangi Tribunal reported on the Chatham Island claims in 2001. The Crown signed Terms of Negotiation with Moriori in July 2004 and are negotiating towards an Agreement in Principle. The Crown is not currently in negotiations with Ngāti Mutunga who also have claims on the Chathams.
Rest of South Island	The Ngāi Tahu settlement covers the majority of the South Island and was concluded in 1997 ($170m quantum and a range of other commercial and cultural redress).