Treaty of Waitangi Obligations
- "A substantial area of New Zealand plantation forest estate is owned or under claim by Maori interests. Return of existing (pre 1990) production forest areas as partial recompense for historic grievances could be compromised if expropriation of the value of those forests by way of the mechanisms described above delayed the permanent resolution of claims under the Treaty of Waitangi. As a minimum, there should be acknowledgement that pre 1990 forest values are diminished by the value of the carbon storage liability and should be proportionately discounted in calculating the value of the return of forests in settling outstanding grievances. Recompense will be required by acquiring State forests."
- "The imposition of the contingent liability will impinge on the rights of Maori landowners/forest owners and potentially violate Article 2 of the Treaty of Waitangi. Article 2 of the Treaty suggests Maori are guaranteed the "full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties" as subjects of the Crown. Efforts by Government to prevent Maori landowners/forest owners from exercising the rights to manage and develop their property is a clear violation of this country's founding document.
- Maori either own or have laid claim to a significant area of New Zealand's plantation forest estate. The return of pre-1990 production forest areas will compromise efforts to resolve Treaty of Waitangi claims if the property rights associated with the settlement asset are compromised by the Kyoto Protocol. Pre-1990 forest assets will be devalued by the contingent liability and any returns from the harvesting of pre-1990 forests should be proportionately discounted. Claims settlement offers will require the provision of additional forests or a cash top-up to cover the shortfall in the devalued forested land."
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