Option 2: Revisit Settlements to ensure adequacy of redress

The concept of full and final settlement is unjust, and it is time for this to be revisited. Settlements that provide only a small fraction of the value of land lost should not be considered full and final, and this is especially true considering that ‘full, exclusive and undisturbed possession of their lands’ was guaranteed to tangata whenua under Te Tiriti o Waitangi.

Revisiting settlements could involve developing a new model, or a range of models that allow reconsideration of redress based on previous findings and then provide for reparations, restitution, and proper redress. These models could include taking a co-governance approach to address breaches to Te Tiriti, or making the recommendations of the Waitangi Tribunal binding.

Revisiting settlements could realistically take place over a 10 year period. The Waitangi Tribunal has previously changed its approach to claims and set a goal of around 10 years to complete its 'kaupapa inquiry' claims.

Considering that there is extensive research and evidence of the breaches that the Crown has made to Te Tiriti, revisiting claims may not require as extensive research as the original round of iwi settlements.