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The Treaty of Waitangi and Treaty settlements
This is a single section from Chapter 4. Read the full chapter here.
Does the proposed legislation affect any matters that are the subject of an existing Treaty settlement?
New legislation must not be inconsistent with an existing Treaty settlement.
The Government is party to, and continues to negotiate, a number of Treaty settlements to provide redress for historical acts or omissions towards particular groups of Māori, and to improve their relationship with the Government.
Individual Treaty settlements are final, meaning the historical claims they settle and the settlement itself (with the exception of disputes over interpretation) may not be the subject of a further historical claim to the Waitangi Tribunal or the courts. The detail of each settlement is reflected in a Deed of Settlement that is given effect by legislation. Thorough consultation must take place with the relevant settlement group if new legislation has the potential to affect an existing Treaty settlement.
The Office of Treaty Settlements (“OTS”) is a unit within the Ministry of Justice responsible for negotiating Treaty settlements on behalf of the Government. The Post Settlement Commitments Unit within the Ministry of Justice was established to safeguard the durability of Treaty settlements. These units should be consulted if there is a possibility that the rights or interests concerned may be the subject of a prospective or existing settlement.