The Crown’s Overlapping Interest Policy And Its Role As A Facilitator In Treaty Negotiations

Abstract

This paper examines the Crown’s overlapping interest policy and some related practices to Fisher and Ury’s interest-based model with its role in facilitating consultation between aggrieved Iwi groups on overlapping interest issues and treaty settlement negotiations. The focus of the discussion is the overlapping interest policy, its mechanisms, interest groups’ interactions with the policy and some challenges of the policy settings in Treaty settlement negotiations cycles. It takes an objective view of the challenges with overlapping interest issues and juxtaposes submissions from all parties to specific claims.

The paper discusses policy pitfalls repeatedly challenged by interest groups at the Waitangi Tribunal (“Tribunal”) and the Crown’s responses to established concerns with the policy. It discusses some key Tribunal cases to establish the concerns of interest groups with respect to the overlapping interest policy, the preferred approach through the lens of interest groups as portrayed by the Tribunal and the Crown’s responses to the expectations of the Tikanga-based dispute resolution model.

The Crown’s facilitative role in cross-interest discussions and the responses to Tribunal findings and recommendations is also discussed, highlighting the recently published updates to the overlapping interest policy. Additionally, the discussions cover how the changes could impact the outcome of Treaty settlements for interest groups and set a course for a more transparent ongoing Māori-Crown relationship.

The statements and opinions expressed in this article do not represent the Crown or its officials’ perspective, opinion or position about treaty settlement negotiations or overlapping interests. Thoughts expressed here are reflective of the author’s personal research and understanding of the problem.