Flavell Te Ururoa: Questions for Oral Answer — Questions to Ministers 
Flavell Te Ururoa: Questions for Oral Answer — Questions to Ministers 
[Volume:639;Page:9126] 
5.  
TE URUROA FLAVELL (Maori Party—Waiariki) 
 to the  
Minister in charge of Treaty of Waitangi Negotiations 
: E whakaponoana a ia ki ngakaimahi o Te TariWhakatau take e Paana ki te Tiriti o Waitangi me te Tari Ture o te Karauna kei te tohutohui a ia mongawhakataungairaroi te Tiriti irunga hoki ingapatapatai a Carrie Wainright te heamanatuarua tiati hoki o te Taraipiunara o Waitangi e whakawaanaingatono a NgatiWhatua ara he aha ai “itawhitia” “iwhakarapaina” raneietahipepawhaimana a “he mahi kanga he mahi whakahaweaeneiingakaitono”? 
[ 
Does he have confidence in the staff from the Office of Treaty Settlements and the Crown Law Office who advise him on Treaty settlements in light of questions from the Deputy Chairperson of the Waitangi Tribunal Judge Carrie Wainwright in the case of the NgatiWhatua o Orakei Treaty of Waitangi claim as to why documents were “overlooked”; why several historical assessments and internal memos were “withheld” which left “claimants insulted and disregarded”? 
] 
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) 
: 
 Yes. I am assured that the decision about the provision of documents was made as a genuine exercise of judgment and in good faith. I cannot say that I have the same confidence in the cut-and-paste question the member put together and in the quotes that were taken out of context and that misrepresented what the judge actually said on three different occasions at three different times. 
Te Ururoa Flavell 
: What consideration has been given to removing the Office of Treaty Settlements from the Ministry of Justice and placing it within the Prime Minister’s office to ensure that an all-of-Government approach is achieved in Treaty settlements; if there has been none why not? 
Hon MARK BURTON 
: No consideration has been given to that because an all-of-Government approach is taken to Treaty settlements. 
Christopher Finlayson 
: Is the Minister aware of the statement made by the previous Minister in charge of Treaty of Waitangi Negotiations the Hon Margaret Wilson that the Government would pay special attention to cross-claim issues; if so how does withholding from an urgent hearing of the Waitangi Tribunal advice by senior policy analyst Peter Hodge that “lack of commitment to conferring with cross-claimants is a serious concern” and that the Crown’s negotiating behaviour involves “considerable legal risk for both parties” enhance trust among cross-claimant parties towards the Crown? 
Hon MARK BURTON 
: Because as I said to the member amongst the nearly 250 documents that the Crown released through the Office of Treaty Settlements and the Crown Law Office the documents he refers to were not initially considered to be relevant to the inquiry as their primary content was considered to be either outside the scope of the inquiry or significantly superseded by later advice in documents. 
Pita Paraone 
: What assurances can the Minister give that previously settled Treaty claims have not been affected by the Crown’s withholding and suppressing relevant documents and what redress is available to claimants if such actions have taken place? 
Hon MARK BURTON 
: I can certainly assure the member that as in this case the officials have acted in good faith. I take some confidence from Judge Wainwright’s view that notwithstanding this the tribunal will proceed because it is clearly of the view that this will not materially undermine the decision. 
Te Ururoa Flavell 
: What thought has been given towards establishing an independent settlements authority which would overcome the problems described by lawyer Paul Majurey of a two-way Crown view to ensure that justice is not only done but seen to be done? 
Hon MARK BURTON 
: I am not convinced that such a change would achieve anything of substance. 
Te Ururoa Flavell 
: Is the Minister aware of comments from the deputy chair of the tribunal Carrie Wainwright that Crown Law was playing games with the disclosure process and of the response from Crown Law staff member Virginia Hardy that there had been an error of judgment and is he prepared to tolerate such errors of judgment as par for the course of the Treaty settlement process; if so why? 
Hon MARK BURTON 
: I am clearly aware of the comment. I referred to it in the first answer that I gave. 
Hon Tony Ryall 
: This is a cover-up for your friends. 
Hon MARK BURTON 
: Oh for goodness’ sake. Mr Ryall should grow up. No error is ever desirable but I suggest to the member that any organisation that could claim never to have an error in judgment let alone an error of any sort simply is not credible. What I can say is that I have confidence of a very high standard of work and a high commitment to ethical behaviour on behalf of that organisation. 
Te Ururoa Flavell 
: I seek leave to table an article of 27 April 2007 entitled “Two-way Crown view adds to Treaty delay”. 
Document by leave laid on the Table of the House. 
Te Ururoa Flavell 
: I seek leave also to table an article of 5 May 2007: “Flak flies over Treaty secrets” in the  
New Zealand Herald 
. 
Madam SPEAKER 
: Leave is sought to table that document. Is there any objection? Yes there is objection.