E/CN.4/2006/78/Add.3 page 9 as may be negotiated in the historical claims process seems, on the basis of experience so far, to fall short of “just and adequate reparation or satisfaction for any damage suffered” (within the meaning of article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination). The Government of New Zealand does not consider that historical injustices, which largely occurred in the nineteenth century, fall within the scope of the obligation under the Convention to provide reparation for contemporary discrimination. In recent years the Crown has not always accepted the findings of the Waitangi Tribunal reports. 27. The overall land returned by way of redress through settlements is a small percentage of the land claims, and cash paid out is usually less than 1 per cent of the current value of the land. Total Crown expenditure on the settlement of Treaty breach claims over the last decade (approximately NZ$ 800 million) is about 1.6 per cent of the government budget for a single year. The Special Rapporteur considers that the notion that Maori have received undue privileges from Treaty settlements, which has been floated in the media and by some politicians, lacks any substance whatsoever. As it continues to play a significant role in the recovery of Maori human rights, the Tribunal should receive more funding to bring hundreds of outstanding claims to a satisfactory conclusion. Moreover, its findings should be judicially recognized and become binding on the Crown. Therefore, the Special Rapporteur is concerned about statements disqualifying the work of the Tribunal and demanding its dissolution. 28. Hauraki’s original land area in the Auckland region was around 750,000 hectares, of which now there is only 2.6 per cent left. Hauraki Maori told the Special Rapporteur that various Acts and court decisions have been used by the Government since the end of the nineteenth century to dispossess them of their customary rights, appropriating them for itself and then selling or leasing the resource to private non-Maori enterprises. The Crown understands that Hauraki Maori were generally willing sellers of their land. Hauraki sociodemographic indicators (health, education, housing, incomes) are consistently lower than those for other New Zealanders. They also complain about their marginalization from local governance. 29. Hauraki Maori, represented by a Trust Board that includes around 14,000 members of 12 local iwi, have filed a number of claims against the Crown with the Waitangi Tribunal, which has not yet finalized its report. The Board provides a range of health, social and education services to its members, and also engages in economic activities such as fisheries, aquaculture and broadcasting. The Trust Board continues to seek a satisfactory settlement with the Government and hopes to achieve collective benefits for all its people. The Office of Treaty Settlements is in pre-negotiation discussions with other groups as well as with the Trust Board concerning a possible negotiation of a settlement of Hauraki Maori claims. 30. Once a claim under the Treaty of Waitangi has been lodged, there ensues a process of negotiation seeking to achieve a fair and just settlement of Crown historical breaches of the Treaty. Participation in negotiations is voluntary and all groups are free to withdraw at any time. The process is currently managed by the Office of Treaty Settlements within the Ministry of Justice, established in 1995. Treaty settlements return to tribes some of the economic and other resources needed for community development including, for example, forestry assets and farms and commercial buildings. The negotiation process involves several stages, and key elements of the final settlement are an apology by the Crown for unconscionable actions committed against Maori and various forms of cultural and financial redress involving either cash or Crown assets. The Government does not provide full compensation for losses suffered historically by Maori, but negotiates a compromise. Settlements remove the jurisdiction of the courts and the Waitangi