Right of First Refusal clause should mean what it says

The Green Party is calling on the Government to front up to iwi after learning that, going right back to the Ngāi Tahu settlement in 1997, the Right of First Refusal (RFR) clause in Treaty settlements has actually meant right of first refusal for charities, not iwi.

The Green Party is calling on the Government to front up to iwi after learning that, going right back to the Ngāi Tahu settlement in 1997, the Right of First Refusal (RFR) clause in Treaty settlements has actually meant right of first refusal for charities, not iwi.

It’s long been assumed that when a Treaty settlement has been reached with an iwi, sections of Crown land may become subject to a Right of First Refusal (RFR) in favour of that iwi. An RFR is a long-term option for iwi to purchase or lease Crown-owned land, and will generally remain in place for 50 to 170 years (in some cases longer).

As part of their submission on their claims settlement bill, Tauranga-based iwi Ngāti Pūkenga asked for the ‘RFR – Disposal for charitable purposes’ provision to be removed. In response, the Greens put this on the agenda of the Māori Affairs Select Committee and learnt that this has been a standard provision in all settlement legislation.

“The Government must front up to iwi and offer to retrospectively remove this outrageous provision from the RFR clause in their settlements,” Green Party Māori development spokesperson Marama Davidson said.

“Right of first refusal should be for iwi, as most people have assumed is the case - the fact that it isn’t undermines the mana and durability of all Treaty settlements.

“Catherine Delahunty MP and I met with Minister Finlayson, who conceded to us that there is no legal or policy reason for the RFR exemption for charities to be included in settlements.

“We called on him to do the right thing and scrap it, a position supported by the Māori Affairs Select Committee, who have just reported on the issue to Parliament.

“The bottom line is that iwi should have right of first refusal over land in their settlements. This provision is a breach of faith on the part of the Crown; they’ve stuffed up, and so they have a responsibility to fix it.

“This is a perfect example of why the Greens have always said that Treaty settlements cannot be full and final, as unintended consequences and new situations will arise.

“We don’t want Te Tiriti ‘settled’; we want Te Tiriti truly honoured and implemented at every level,” Ms Davidson said.

Latest Te Tiriti O Waitangi Announcements

Story

UNDRIP – Let’s get on with it

The Green Party welcomes the next steps towards implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Aotearo...
Read More

Story

Statement for Moana Jackson

E te whatukura e wehe atu nei, ko tērā o ngā ngākau māhaki o tātou, ko koe tērā e Moana.
Read More

Story

Return private land to Māori, say Greens

The Green Party’s Te Mātāwaka caucus has released Hoki Whenua Mai - a discussion document outlining what the Crown should do to redress the on-goin...
Read More

Democracy, human rights, and te Tiriti of Waitangi

Aotearoa can have a flourishing democracy with te Tiriti o Waitangi as its foundation. We can be proud of our democracy compared to many other coun...
Read More

Policy

Kaupapa Māori

Click here for our 2020 Election Priorities for Kaupapa Māori Aotearoa New Zealand can be a country where tikanga is respected, racism is eliminat...
See More

Policy

Te Tiriti o Waitangi Policy

Click here for our 2020 Election Priorities for Te Tiriti Te Tiriti o Waitangi is a fundamental part of Aotearoa New Zealand’s constitution. We ar...
See More

Latest Māori Development Announcements

Story

Greens welcome step forward for Waimana whānau

The Government has finally agreed to meet with the whānau of Te Waimana Kaaku, a step the Green Party says must lead to warm, dry, secure homes bei...
Read More

Story

Crown closes the door for Waimana Housing programme

The Green Party is calling out the Government for its role in Te Waimana Kaaku whānau losing their deposits and the homes they were promised.
Read More

Story

Pay equity for kaiārahi i te reo celebrated

Recognising te reo and tikanga Māori in schools starts with pay equity, says the Green Party.
Read More

Story

Budget 2022: Greens celebrate landmark investment in climate action

Landmark week for climate action concludes with climate budget Largest ever investment in climate action one of many Green Party wins throughout B...
Read More

Story

UNDRIP – Let’s get on with it

The Green Party welcomes the next steps towards implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Aotearo...
Read More

Story

Greens celebrate as Matariki Bill passes third reading

The Greens are celebrating today as Te Kāhui o Matariki Public Holiday Bill passes its third reading in Parliament, and want to see more done to em...
Read More