The Treaty Claims Settlement Process in New Zealand and its Impact on Māori

This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitangi Tribunal, the commission of inquiry set up to investigate those breaches, is considered, as is the Crown’s reaction to the 1987 Lands case in developing its treaty claims settlement policy. The Crown unilaterally imposed the policy despite vehement opposition from Māori. Since 1992, it has legislated more than seventy ‘settlements’. The research shows that overall, the process has traumatised claimants, divided their communities, and returned on average less than one percent of their stolen lands. Proposals for constitutional transformation have drawn widespread support from Māori as a solution to British colonisation. United Nations treaty-monitoring bodies have recommended that the government discuss this with Māori.

[1]  Tiopira McDowell Diverting the Sword of Damocles: Why Did the Crown Choose to Settle Māori Historical Treaty Claims? , 2018, Australian Journal of Politics & History.

[2]  Margaret Mutu Behind the smoke and mirrors of the Treaty of Waitangi claims settlement process in New Zealand: no prospect for justice and reconciliation for Māori without constitutional transformation , 2018, Reconciliation, Transitional and Indigenous Justice.

[3]  H. Moewaka Barnes,et al.  Conceptualising historical privilege: the flip side of historical trauma, a brief examination , 2018 .

[4]  T. Rowse New treaty, new tradition: reconciling New Zealand and Māori Law , 2017 .

[5]  Tiopira McDowell Screaming from the shadows: Māori views on the treaty claims settlement process , 2016 .

[6]  Defence Human Rights Commission , 2014 .

[7]  Moana Jackson In the End “The Hope of Decolonization” , 2019, Handbook of Indigenous Education.

[8]  Moana Jackson In the End “The Hope of Decolonisation” , 2018 .

[9]  L. Aho,et al.  The "false generosity" of treaty settlements: innovation and contortion , 2017 .

[10]  P. Rishworth Writing things unwritten: Common law in New Zealand’s constitution , 2016 .

[11]  M. Fisher Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown , 2015 .

[12]  Margaret Mutu Unravelling colonial weaving , 2015 .

[13]  R. Joseph Unsettling Treaty Settlements: Contemporary Maori Identity and Representation Challenges , 2012 .

[14]  B. Vertongen Legal Challenges to the Treaty Settlement Process , 2012 .

[15]  Maria Bargh The Post-settlement World (So Far): Impacts for Maori , 2012 .

[16]  J. Ruru,et al.  Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies , 2010 .

[17]  P. Hamer A Quarter-century of the Waitangi Tribunal: Responding to the challenge , 2004 .

[18]  C. Greenwood,et al.  New Zealand Maori Council v. Attorney-General , 2002, International Law Reports.

[19]  W. Gardiner Return to sender : what really happened at the fiscal envelope hui , 1996 .

[20]  B. Mishkin The Maori of New Zealand. , 1937 .