A/HRC/18/35/Add.4 A. 1. Issues related to the Treaty of Waitangi Partnership and participation 68. The Special Rapporteur welcomes New Zealand’s efforts to secure Maori political participation at the national level. However, these efforts should be strengthened, and the State should focus special attention on increasing Maori participation in local governance. The Government should consider reversing its decision to reject the findings of the Royal Commission on Auckland Governance and guarantee Maori seats on the Auckland City Council. 69. New Zealand should ensure that consultations with Maori on matters affecting them are applied consistently, and in accordance with relevant international standards and traditional Maori decision-making procedures. Efforts should be made to reduce barriers to the effective participation of Maori in decision-making, including by increasing the technical capacity of Maori people and the funding necessary to ensure Maori participation in consultations. 2. The Waitangi Tribunal 70. The Government should ensure the funding necessary for the Waitangi Tribunal to resolve its pending caseload of historical grievances in an efficient and timely manner and should consult with Maori people to determine the future role of the Tribunal. 71. New Zealand should takes steps to ensure that the 2008 deadline for the submission of historical claims does not have the effect of barring legitimate claims and that the 2014 goal for settlement of all historical claims does not compromise any settlement processes that could benefit from more negotiating time. 72. Any decision by the Government to act against the recommendations of the Waitangi Tribunal in a particular case should be accompanied by a written justification and be in accordance with the principles of the Treaty and international human rights standards. 3. Negotiated Treaty settlement 73. The Government should make every effort during Treaty settlement negotiations to involve all groups that have an interest in the issues under consideration. In order to address any conflicts regarding participation or representation in settlement negotiations, the Government, in consultation with Maori, should strengthen available mediation or other alternative dispute resolution mechanisms. The Government should take special measures to address the concerns of the Ruawaipu, Ngati Uepohatu and Te Aitanga-a-Hauiti iwi, in relation to the East Coast District settlement case. 74. The Special Rapporteur encourages the Government to show flexibility in its positions during settlement negotiations and to strive, as appropriate, for creative solutions that provide adequate redress to Maori claims in accordance with the Treaty of Waitangi and international standards. In settlement negotiations the Government should give greater consideration to the connection that Maori have with traditional lands and resources. 75. In consultation with Maori, the Government should explore and develop means of addressing Maori concerns regarding the Treaty settlement negotiation process, especially the perceived imbalance of power between Maori and Government negotiators. In this regard, consideration should be given to the formation of an 20