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Treaty settlement top-ups likely for Tainui, Ngai Tahu next year

BUSINESSDESK: Waikato-Tainui and Ngai Tahu iwi are poised to claim top-ups on their 1990s Treaty settlements because of a relativity clause that gets triggered when the so-called fiscal envelope is exceeded.

Treaty Negotiations Minister Chris Finlayson progress with claims means there is some $1.79 billion completed or in the pipeline, including the $170 million settlement with the 35,000-strong Ngai Tuhoe tribe announced this week.

The central North Island-based Tainui and South Island Ngai Tahu settled for $170 million apiece but were granted top-up clauses that would ensure Tainui received 17% of all settlements and Ngai Tahu got 16.1%. 

That clause would come into play if the Crown paid out more than $1 billion in 1994 dollar terms under the fiscal envelope.

That works out at roughly $1.54 billion today, using the Reserve Bank's inflation calculator, though it does not account for the timing of various settlements.

"The pace [of settlements] has picked up for sure," Associate Professor Peter Adds, the head of Maori Studies at Victoria University, told BusinessDesk. Still, "they had aspirations for a 2014 date [for completing all historic grievances], but I don't think there's any chance of meeting that".

The figures for claims settled or in the pipeline are based on settlement terms published on the Office of Treaty Settlement's website.

That is made up by 30 completed settlements of some $1.09 billion, 12 signed deeds of settlement worth about $201.2 million, four deeds waiting for ratification by iwi of $143.9 million and 16 agreements in principle of about $362.8 million.

Adds, who is also a negotiator for Te Ati Awa ki Taranaki, said the Crown will probably have to pay out on the relativity clauses, which it offered to the heavyweight iwi to get them over the line and hasn't put on the table to anyone else.

"They are definitely trying to keep under a billion dollars" through cultural redress, such as land management rights, which doesn't count to the limit, he says.

The Crown will give its annual update to Tainui and Ngai Tahu next month on where they stand on the relativity clause, based on the past financial year, meaning the clause is likely be triggered in the 2013 year.

Comments and questions
31

What?

So Ngai Tahu who is hugely profitable and the South Island's largest land owner deserves more money?
Have not seen Ngai Tahu out helping the cuzzie bros in Aranui, have not seen Ngai Tahu helping reduce the brothers in jail, help the kids read good.
Oh but Sir Tipknee needs another range in Colorado?

don't comment on things you know nothing about. You only highlight your own ignorance.

Ignorance? Sadly we are all only too well informed on crime rates, child murders, gangs, violence, drugs, literacy and then how much money has been paid out and clearly wasted as there seems to be no improvement in either behaviour or educational achievement. There are no real Maori left. Time these scams were ended.

not really anonymous ... I know plenty of white as white "ngai tahu" who in no way have been disadvantaged by treaty, with no interest in maori culture who collect a cash injection every year from ngai tahu business interests that pay NO TAX ... big pay outs and then a stacked playing field for these guys ... your poor average kiwi isn't getting a fair go

Ranch or range ??

What's the bet comments are going to be closed now... Oh well, there probably wouldn't have been anything worth reading anyway.

And the gravy train continues. if that is the case how about they look after all their own and us 'others' dont have to pay for them. Why should my taxes pay for something that was nothing of my doing, I wouldnt lower myself to go back to Scotland/England and ask for my money like the 'people' are doing to this country. THIS COUNTRY CANNOT AFFORD TO KEEP PAYING OUT THESE CLAIMS......................

The Crown pays billions every year to people out of your taxes for things that are none of your doing, like welfare benefits, finance company bailouts, subsidies of all sorts - get over it! The Ngaitahu settlement was a fraction of what you and I would have demanded for being ripped off by blatant breaches of contracts that would have been enforceable under British law had they had access to the courts for redress. To paraphrase another comment above, don't say anything unless you know what you are talking about. Do the research, then tell us what you think.

Hi Ray,
Yes the Govt does pay out extra billions
But my guess is 70% of that also goes to Maori
ie Welfare benefits etc etc etc

Ray, how long are your people going to hold onto ancient grivances? Isn't it time to grow up, say you got buckets of cash for things no-one else can get, realise you are crippling the country, and just get on with it without the endless whinging for more? The majority of the people who have to pay this money to Maori are TOTALLY SICK OF IT.

I sold a house in 1990 for 250k, it's now worth $2m, can I start crying out that I got ripped off? Get a life. The joke is well and truly over.

For christs sake this has got to end.No more treaty settlements.We are sick of it.
Why should we as honest tax paying New Zealanders put up with more handouts to Maoris.STOP IT NOW!

The absolute madness just keeps on going. As a fourth generation NZr I am sick of the whimpish, gutless performance of Key and his weak wristed government. Why does Ngai Tahu and Tainui need more? I know it was a sweetener to get claims going, but this has gone from ridiculous to outrageous. What have I done to now be paying these loosers on an ongoing basis. What about Ngai Tahu and Tainui (&all other paid out tribes) start covering their own medical, educational and justice needs, rather than sucking the life out of the country.. Kiwis (real Kiwis), we are a bunch of weaklings to be putting up with the rape and piliging of our resources....tax money!!! Money that should be going to medical use, educational use, infrastructure and generally enhancing all of our lives. When will this madness stop??? It is plainly obvious that our politicians have no backbone and are impotent when confronted with the hard issues. Ngai Tahu has been paid five full and final payouts so far...how many more payouts are they going to demand and how many more weeakling ministers are going roll over and pay??? Finlayson must be stripped of his position of Attorney General..he is a disgrace to the justice system and is so conflicted in his roll I find it pathetic..is NZ a 'bannana republic or what? IF I was 20 years younger and did not own and run a successful company, I would be getting into the Beehive and knocking a few heads together. I have nothing but contempt for the current bunch of ineffective, weak and spineless Politicians. They need to protect all citizens from the savaging Maori are inflicting on all of our lives....all for the mighty Dollar...the basis of a grievance is now the Dollar. Lets all rise up and start sending the government a clear message..stop throwing our money at vexacious claims and start treating us all on the same level.

It's not a question of Ngai Tahu "needing more" but of being contractually entitled to more under a deed of settlement with the Crown. Are you saying the Crown should welsh on the deal the way it did as soon as the Treaty of Waitangi was originally signed? Pff...

Yep
The Crown should welsh on the deal

Tell the Maoris to sue England and their population

Agreed, call their bluff. Stand up, say get stuffed, no more money. End of! Then see who they cry to.

Surely a settlement is what is stated in the name - settlement which means it is settled - the end of it. Why are clauses included that allow for more money to be topped up in the future?

This country cannot afford to keep paying out for ever, it is detrimental to the lives and quality of life for those that live here and try to bring up a family and pay taxes.

Unfortunately it is the Children who usually lose out.

Please excuse my ignorance, but how much money has the NZ Govt paid out in treaty claims so far? and where does this endless supply of cash come from? Just wondering how progressive our economy could be if this cash was still in the bank???
Yes, I am a simply honky (just in case John Hatfield is reading this)... but why cant we all be New Zealanders and move forward... together... equal rights for NZ whites????

Ray, I find your comments demonstrate a typical Kiwi attitude. ..."just get over it' ...Why should I "get over" an annual welfare bill of around $13.0 Billion dollars...an absolute disgrace for a popuilation of 4.5 million....Two taxpayers to one beneficiary!!.....''get over it"...I don't think so!! You obviously have no business sense or sense of self responsibility. You are a person that accepts average outcomes from average performance...in other words your tax dollar spend (if you actually pay any tax) is of no concern to you... I don't wonder the country is accepting of such weak governance and has such a fatalistic view on life. Wake Up!!

Wonder how much of the welfare payments /housing corp etc go to Maori as well

The gravey train continues....................When is this rubbish going to stop, we are New Zealanders, the Government represents all New Zealanders, not Moaris and others, its high time the maoris did something for themselves. Lets put the settlement into education, health care and providing breakfast to kids, lets use the money to insulate housing and provide futures for kids. Key needs to make a stand, I was once a National supporter there is no way he is getting my vote again, key is weak!

Great. Now they can establish a maori defense fund to replace Legal Aid for maori defendants.

The whole process was sold as a $1b fiscal cap. Now this. An extra half billion. The politicians never highlighted that. Just the rest fiscal cap
Non Maori should be able to sue the crown for misrepresentation

This is an outrage.Our government is out of its mind if it thinks it's ok to keep handing out money to Maoris.This is not the country we have worked hard for all our lives,for money to be squandered down the drain on another ridiculous Maori settlement.
Come on wake up New Zealand lets put our own government in, throw the treaty out and send the Maoris packing.

Isn't it time that the govt got someone more fiscally responsible than Finlayson to negotiate these Maori payouts?
All very well nobley rewriting the past but the fact is that we can't afford this continuing largess.
liberte

This has got to stop. My vote at the next election will be 100% to the party that will stop these settlements once and for all. I'm getting completely sick of it. No more tax payer money to these greedy tribes.

I went into our local WINZ to get an application form for NZ Super, it is the very first time I have set foot in a WINZ office, I was STUNNED!! for 1 I was the only white person in the building and it was chockka,I have never seen so many Maori in the one place all at the same time, then I was greeted by a Maori chick screaming at a person behind the desk, because she had to use the weekend Dentist for tooth ache, the bill was $300 and she was refusing to pay it as it was not her fault and she wanted WINZ to pay it, I got the distinct impression that the place was run by Maori just for Maori, I couldn't get out of the place quick enough, and I hope I never have to go back.

vote for winnie
at least he seems to make sense, just think ,if we accept that the whitey robbed the brownie, and is due redress, then it neccessarily follows that if you are half whitey and half brownie you are owed nothing
qed

This kind of thing is one of the reasons my whole extended family and I now live in Australia.
I have retained my NZ citizenship and passport until now, but no more. As soon as we achieve Australian citizenship (a year or 2 away ) we will all be relinquishing NZ citizenship. By then the last of our interests in NZ will have been realised and the capital transferred across the Tasman.
We have literally voted with our feet, as have close to half a million.
I wonder how many more will follow.