An Analysis of the Private Trust as a Post-Settlement Governance Entity

Abstract

This paper examines the suitability of the trust structure as a post-settlement governance entity for Māori to use to manage their assets following the settlement of historic Treaty of Waitangi grievances with the Crown. The Law Commission, in a series of three papers and reports had criticised the suitability of the trust as a post-settlement governance entity, the examination in the paper concludes, however, that the trust structure is able to fulfil such a role as its underlying structure is culturally matched to Māori governance ways. The paper also finds that Crown policy in regard to matters such as democracy limits the full potential of the trust structure and that the dispute resolution jurisdiction for post-settlement governance entities could usefully be transferred to the Māori Land Court.