December 23, 2019
Corners cut in Ahuriri mandate
The Waitangi Tribunal has slammed the way the crown managed the mandate for claims around Napier, and recommended it pay for new elections be held before settlement legislation is passed.
The Mana Ahuriri Mandate Report says Mana Ahuriri Incorporated received a mandate in 2009 from seven Ahuriri hapū to negotiate their historical claims, but negotiations were interrupted by dysfunction among komiti members.
A deed of settlement was initialled in June 2015 and signed a year later despite leaders of Ngāti Parau filing a claim that the ratification process was flawed and the incorproation had lost its mandate by not holding elections or filing accounts.
The tribunal says the crown’s failure to monitor accountability mechanisms was a flaw but not a treaty breach because of the steps it took after finding out about the problem.
However, Ngāti Parau was prejudiced by a secret deal allowing the post settlement entity, the Mana Ahuriri Trust, to hold elections for only two of its nine positions well after the signing of the deed.
The process used to verify special votes for the ratification was also flawed and meant over a fifth of those who voted were wrongly disqualified.
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