Our decision identified the elements required for a sound and Treaty-compliant settlement process. We examined what happened here in the light of those elements. We concluded that because of the cumulative effect of the deficiencies we identified, the process was unfair, will exacerbate divisions in the claimant community, and will not be durable. We draw your attention particularly to our finding that the Settlement Trust had no mandate to enter into settlement with the Crown concerning the interests of Ngāi Tūmapūhia-ā-Rangi and the Wairarapa Moana ki Pouākani Incorporation in Ngāumu Forest (Wai 429) and land at Pouākani (Wai 85). Our primary and strong recommendation is that the proposed settlement with Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua does not proceed at this stage. The litigation that is to go before the Supreme Court in February should be allowed to take its course. Meanwhile, the Crown should support the Settlement Trust to engage in processes to renew its mandate to settle the claims in the district, and should support all the parties that appeared before us to commit to a process to resolve their conflicts. This may take time, but the investment will be worthwhile to uphold the mana of all, restore relationships, and come finally to reconciliation with the Crown. Kia tau ki a koutou katoa te tāwharau mutunga kore a Te Wāhi Ngaro. E rere e te kupu, rere tāwhangawhanga rā ki te tauranga, tatū atu ai ki te oranga pūmau.
Nāku iti nei
Nā Judge Carrie Wainwright Presiding Officer
