As an important part of the negotiations phase, the Crown and the mandated representatives first discuss the various interests they each wish to protect and promote in a settlement package. The parties then try to reach agreement on particular proposals for settling the claim. Usually the Crown and the mandated representatives exchange letters outlining an Agreement in Principle or, more formally, sign Heads of Agreement, to signal their agreement on the monetary value of the settlement (what is known as the “settlement quantum”), and the scope and nature of other redress to be provided.
The parties then need to work through the detail on such matters as:
. an account of the historical basis of the claims, those matters the Crown acknowledges as breaches of the Treaty and its principles, and the wording of the Crown’s apology;
. what commercial settlement assets might be transferred, and on what terms;
. the various items of cultural redress that are offered.
When all the details of the redress have been agreed, these are set out in a draft Deed of Settlement for approval by Cabinet. The draft Deed of Settlement is then initialled by both the Crown and the mandated representatives for ratification by the claimant group.
Te Rarawa's draft Deed of Settlement was initialled in November by the mandated negotiators and ready Te Rarawa whānau, hapū and marae to consider for ratification.