the Incorporation shareholders were registered beneficiaries of the Settlement Trust. 135. Counsel for the Incorporation submitted that this low correlation means that a significant number of Wai 85 claimants do not support the Settlement Trust as their representative and a significant proportion of the Wai 85 claimants did not participate in the 2021 vote.157 Comparison to other ratification votes
136. On 9 November 2021, the Crown provided a comparative table prepared by Te Arawhiti which shows participation and approval rates for other Deeds of Settlement.158 It should be noted that this table uses the figures from the 2018 vote for the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua settlement and the figures used are rounded to the nearest whole percentage. 137. At hearing, counsel for the Incorporation and Wai 429 both submitted that, based on either the 2018 or 2021 vote, this would amount to Crown reliance on the lowest ever levels of support for a comprehensive Treaty settlement. In response Mr Irwin noted that there are 22 lower participation rates and two lower approval rates. 138. Based on the 2018 vote’s approval rating (72 per cent), the two lower approval rates are the Ngāti Rangiteaorere (68 per cent) and the Waikato-Tainui river (65 per cent) settlements. As we said, we consider the 2021 vote more relevant. Notice and cancellation of voting hui
139. It is important to observe that the low level of participation in 2021 (31 per cent) may well have been affected by the very truncated period of notice given to voters.
140. In mid-July 2021 the Crown and the Settlement Trust agreed to an enhanced Treaty settlement package.159 On 21 July 2021, Minister Little sent a letter to the Incorporation and the Wai 429 claimants to inform them of the Crown’s intention to continue to advance settlement (including the Wai 85 and Wai 429 claims) despite the on-going litigation and indicated the next step would be for the Settlement Trust to undertake a vote on the enhanced settlement package.160 The Settlement Trust’s voting process on the enhanced settlement package began on 26 July 2021 and ran until 24 August 2021. This effectively provided the Incorporation and the Wai 429 claimants with two working days’ notice of the vote for the enhanced settlement package.
Wai 3058, #3.3.3; Wai 429, #2.62; & Wai 3068, #3.3.3 at [90] – [92]. Wai 3058, #A14; Wai 429, #A19; & Wai 3068, #A11. 159 Wai 429, #A5 at [23]. 160 For letter to Wai 429, see Wai 429, #A4(c) at page 3. For letter to the Incorporation, see Wai 3058, #A1(a) at page 17-19. 157 158
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