Cross-Claims and the Obligations of the Crown under The Treaty of Waitangi

Abstract

The Treaty of Waitangi settlement process occupies a significant role in New Zealand. Though it aims to start the healing of historical grievances, the process has often created and deepened grievances because of its inability to respond to the dynamic relationships that exist between Māori. Over the course of several settlements, the Crown has demonstrated poor understandings of tikanga, the relationships between iwi and its own role in creating disputes and grievances, deepening the very wounds it wishes to heal. This paper reconceptualises the Crown’s obligations in order to respond to these concerns, focusing on the challenges presented where multiple iwi have interests in the same area of land (cross-claims). It argues that the Crown must act as an honest broker and facilitate the resolution of cross-claims. This requires the Crown to actively and meaningfully engage with iwi in order to understand their perspectives and grievances, and reflexively adapt settlement processes in order to better reflect those perspectives and grievances.