Publications and Documents

GLOSSARY OF TERMS FOR TREATY SETTLEMENT

Aboriginal title An indigenous property right recognised at common law, sometimes called customary title or customary rights. Title generally refers to interests in land, while rights refers to use rights such as fishing or gathering plants.
AIP

(Agreement in Principle)

Agreement in Principle: an agreement between the Crown and a claimant group. The AIP outlines the nature and scope of all settlement redress and is the basis for the final Deed of Settlement. It is non-binding.
Claimant group definition A description of those people whose claims will be settled and who will be the beneficiaries of the settlement and the governance entity.
Claimant funding Crown funding provided to a claimant group as a contribution toward the costs they incur in negotiating their settlement.
Common law System of judge-made law applied in New Zealand from 1840 and derived from the English legal system.
Comprehensive negotiations Negotiation of all historical claims of a claimant group at the same time.
Contemporary claims Claims arising from Crown acts or omissions after 21 September 1992.
Crown Executive branch of government.
Crown acknowledgements Matters that the Crown acknowledges as breaches of the Treaty and its principles. These form the basis of the apology in a Deed of Settlement.
Crown Negotiating Parameters Parameters of redress agreed by Ministers as available for discussion between the Crown and the claimant group’s mandated representatives.
Customary rights Common law recognition of traditional rights of indigenous people, e.g. rights to fish or gather plants.
DOC Department of Conservation.
DOM

(Deed of Mandate)

Deed of Mandate: formal statement prepared by a claimant group stating who is appointed to represent them in negotiations with the Crown, and how the mandate was approved by the claimant group.
DOS

(Deed of Settlement)

Deed of Settlement: the complete, detailed and formal settlement agreement signed on behalf of the Crown and the claimant group.
Historical account Description of historical basis for the claims being settled by a Deed of Settlement.
Historical claims Claims that may arise out of or relate to Crown acts or omissions before 21 September 1992.
Landbanking Process to protect surplus Crown-owned or formerly Crown-owned lands for future use in the settlement of Treaty claims
LEG Legislation.
Licensed Crown forest land Land under Crown exotic forests, subject to the Crown Forest Assets Act 1989. Cutting rights to trees may be licensed and the Waitangi Tribunal can order the Crown to transfer land and other compensation to a claimant group in some circumstances.
LNG

(Large Natural Grouping)

Large Natural Grouping: The Crown prefers to negotiate settlements with “Large Natural Groupings”. By this the Crown means a sizeable grouping of Māori with clear kinship links and a sizeable claim area.
Mandating for negotiations Process by which the claimant group chooses representatives and gives them the authority to negotiate with the Crown on behalf of the group.
Overlapping claim or shared interest Where two or more claimant groups make claims over the same area of land that is the subject of historical Treaty claims.
Overlay classification Redress option that applies to specified land managed by the Department of Conservation, allowing for recognition of claimant group values in the management of the site without altering the underlying classification of the land, e.g. as part of a National Park.
Protection Mechanism Used by the Crown to ensure that Crown land can be retained for use in settlements.
PSGE (Post-Settlement Governance Entity) The representative, accountable and transparent body that eventually receives and manages settlement assets on behalf of the claimant group.
Quantum Total monetary value of redress in terms of cash and assets provided to a claimant group in settlement of their historical claims. It also refers to the total amount of financial and commercial redress in a settlement package.
RAL Ruapehu Alpine Lifts, the company that runs the Turoa and Whakapapa ski fields.
RDC Ruapehu District Council.
RFR

(Right of First Refusal)

The right of a claimant group to have the opportunity, ahead of any other potential purchases, to purchase specified surplus Crown land when such land is available.
Section 40 offer-back The right, under section 40 of the Public Works Act 1981, of a former owner of land acquired by the Crown for a public work to have that land offered back, should the land no longer be required for the public work.
TKoW Te Korowai o Wainuiārua: The name given to the “Central Whanganui” LNG as a way of including the descendants of Uenuku, Tamakana and Tamahaki. Wainuiārua was an old name for the Whanganui river.
TON

(Terms of Negotiation)

Terms of Negotiation: a written agreement between the Crown and a claimant group setting out the agreed objectives and ground rules for negotiations.
Vesting Statutory transfer of fee simple estate (title or ownership) in land. A redress option.

 

 

20th February 2017


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