Franks Stephen: Questions for Oral Answer — Questions to Ministers 
Franks Stephen: Questions for Oral Answer — Questions to Ministers 
[Volume:616;Page:12374] 
7.  
STEPHEN FRANKS (ACT) 
 to the  
Minister in charge of Treaty of Waitangi Negotiations 
: What principles does the Government apply when deciding whether or not to accept the findings of a Waitangi Tribunal report? 
Hon MARGARET WILSON (Minister in charge of Treaty of Waitangi Negotiations) 
:  
The Crown has a duty to act in the best interests of all New Zealanders. That is the primary guiding principle. 
Stephen Franks 
: Why should we not conclude from her non-answer to my request for principles that the Government has no principles on treaty questions or that it does have principles but it cannot tell us because they boil down to “the political need at the time”? 
Hon MARGARET WILSON 
: I did answer the question. The primary guiding principle is the principle of acting in the best interests of all New Zealanders. 
Mita Ririnui 
: When were the Crown’s principles developed? 
Hon MARGARET WILSON 
: The Crown’s principles were developed by the previous Government and have been adopted by this Government in the interests of certainty and consistency of decision making. 
Dr Wayne Mapp 
: How will the Government’s proposals on the foreshore and seabed meet the Minister of Maori Affairs’ view that Maori have co-management of all the foreshore and seabed in New Zealand and how does that meet the Minister’s statement that the Waitangi Tribunal has to consider the interests of all New Zealanders? 
Hon MARGARET WILSON 
: The primary question asked about the principle that guided the Government not the tribunal. I cannot talk for the tribunal but I can talk for the Government. The guiding principle there is the principle of acting in the best interests of all New Zealanders. Principles such as working together in co-management arrangements would seem to be ideally fulfilling that criterion of “all New Zealanders”. 
Rt Hon Winston Peters 
: What date exactly did the previous National Government develop these— 
Dr Wayne Mapp 
: We didn’t. 
Rt Hon Winston Peters 
: Oh yes it did. 
Mr SPEAKER 
: I have warned the member and that is the only warning this question time. Please start again. 
Rt Hon Winston Peters 
: What date or year does the Minister ascribe to the development of the National Party’s principles on the Treaty of Waitangi and to what does she attribute its latest road to Damascus experience on this issue? 
Mr SPEAKER 
: The member can answer for the previous Government but not for the National Party. 
Hon MARGARET WILSON 
: The previous Government published Crown proposals for the settlement of Treaty of Waitangi claims. As a result a discussion process took place. Although the fiscal envelope proposals were rejected the framework was adopted which did include a series of six principles. Those principles are contained in the document  
Healing the past building a future 
 as they were contained in the Crown proposals for the settlement— 
Rt Hon Winston Peters 
: What year? 
Hon MARGARET WILSON 
: In 1995. 
Metiria Turei 
: When was the last time the Government accepted in full the recommendations of a Waitangi Tribunal report? 
Hon MARGARET WILSON 
: I cannot answer that question. What I do know is that each Waitangi Tribunal report is considered in full. If in fact it is consistent with the principles we apply then those recommendations are adopted. 
Hon Ken Shirley 
: Aside from the general principles does her Government apply written criteria when evaluating the merits or otherwise of the tribunal’s recommendations; if so what are those criteria? 
Hon MARGARET WILSON 
: The principles that are applied are those set out in  
Healing the past building a future 
. I am quite happy to read those out if the members are interested but it would probably take longer than is normal. So I seek the leave of the House to do that. 
Mr SPEAKER 
: Leave is sought to do that. Is there any objection? There is not. 
Hon MARGARET WILSON 
: At page 28 under the heading “Crown guidelines for the resolution of historical claims” the guidelines that are followed are as follows: firstly “the Crown will explicitly acknowledge historical injustices—that is grievances arising from Crown actions or omissions before 21 September 1992”; secondly “Treaty settlements should not create further injustices”; thirdly “the Crown has a duty to act in the best interests of all New Zealanders”; fourthly “as settlements are to be durable they must be fair achievable and remove the sense of grievance”; fifthly “the Crown must deal fairly and equitably with all claimant groups”; sixthly “settlements do not affect Maori entitlements as New Zealand citizens nor do they affect their ongoing rights arising out of the Treaty or under the law”; and finally “settlements will take into account fiscal and economic constraints and the ability of the Crown to pay compensation.” 
Hon Ken Shirley 
: I raise a point of order Mr Speaker. Although that was all very interesting my question asked whether aside from the general principles her Government has any written criteria. What the Minister has just done is read the principles that the Crown generally follows but I want to know whether the Government has any written criteria it follows in evaluating the merits or otherwise of the tribunal’s recommendation. 
Mr SPEAKER 
: Did the Minister want to add any point? 
Hon MARGARET WILSON 
: We do have Crown negotiating principles that are set out on page 30 of that document and they are considerably longer than the ones I have just read out—and I am prepared to read those out as well. I suggest to the member that the document sets out the answer to the point he raises. 
Gerrard Eckhoff 
: How can the public have confidence in the Waitangi Tribunal when clearly this Government picks and chooses which reports are acceptable to it and which are not? 
Hon MARGARET WILSON 
: The Crown adopts those recommendations from the tribunal that are consistent with the principles I have indicated. 
Stephen Franks 
: If the Government holds that the principle “the best interests of all New Zealanders” trumps the Waitangi Tribunal report why not tell the tribunal now for example that it will never be in the best interests of all New Zealanders for race to decide ownership of our native plants and animals so the tribunal need waste no more time on Wai 262; or does she think race should decide that issue? 
Hon MARGARET WILSON 
: The Government considers the recommendations of each report on its merits. We do not prejudge it before we have in fact read the report.