Aikman Report And Ngāi Tahu Response

When former Minister in Charge of Treaty Negotiations Dr Michael Cullen called for an independent review of how the proposed Emissions Trading Scheme as it stood in 2008 would impact on Ngāi Tahu, Te Rūnanga accepted the decision in good faith.

Helen Aikman, QC, was tasked with finding out if the Crown had information about a possible ETS at the time Ngāi Tahu was considering buying forestry assets as part of the provisions of its Treaty settlement. If that was deemed to be so, she then had to determine whether the Crown should have disclosed to Ngāi Tahu the potential effect the scheme could have on those assets.

The Aikman Report was due in August 2008 but Ngāi Tahu didn t receive a copy until December that year, well after the ETS Bill had been passed. And Te Rūnanga rejected its findings. The report suggested Ngāi Tahu would have great difficulty proving that government negotiators acted in bad faith because, at the time, an Emissions Trading Scheme was only a possible response to the Kyoto protocol.

Because of the uncertainties about whether an international ETS would eventuate and what form it would take, the Aikman Report concluded that any information the Crown did hold could not be considered material as set out in the disclosure clause in the Ngāi Tahu Deed of Settlement. Therefore, because there was no material information available, there was no failure by the Crown to meet its disclosure obligation.

In addition, the Aikman Report said it was highly unlikely the Ngāi Tahu negotiators didn't know about the possibility of an ETS and the potential impact on pre 1990 forests.

But Ngāi Tahu argued the Aikman Report findings were fundamentally flawed.

Ngāi Tahu had not been privy to the appointment of the reviewer, the development of the terms of reference nor had it had ongoing access to information and progress updates. Having reviewed the documents considered by Ms Aikman, we also reach the contrary conclusion that the Crown was in possession of a preferred policy direction that ought to have been disclosed to Ngāi Tahu, and that failure to do so breaches the Ngāi Tahu Deed of Settlement.

In a letter to Kaiwhakahaere Mark Solomon, dated 19 November 2009, Climate Change Issues Minister, Dr Nick Smith acknowledges Ngāi Tahu was considering legal action against the Crown and it was in that context that he sought to resolve any issues by way of the afforestation agreement.

Aikman Report And Ngāi Tahu Response

Through The Trees

Roger Pikia

Aikman Report And Ngāi Tahu Response

Ngāi Tahu Integrated Forestry And Carbon Credit Opportunities Project

Inside Issue 45

SEARCH FOR CALM WATERS

THROUGH THE TREES

MEETING TŪTOKO

ULVA'S ISLAND

ARM STRONG

COUNTRY EXPEDITION

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