Book Review: A Long Time Coming: The story of Ngāi Tahu's Treaty Settlement Negotiations with the Crown

Martin Fisher A Long Time Coming: The story of Ngāi Tahu's Treaty Settlement Negotiations with the Crown (Canterbury University Press, 2020).

Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown

<p>Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues. Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. Waikato-Tainui and Ngāi Tahu argued that a larger quantum would be necessary to achieve the finality and general financial certainty sought by the Crown, but were challenged most prominently by Treasury. Nonetheless both iwi were able to obtain significant concessions. The subsequent limit set on the total financial scope of each settlement also influenced the amount of land that was returned. In addition the Crown’s overall control of the process influenced the type of Crown lands that would be returned, and in Waikato-Tainui’s case, the legal form in which land was returned. The negotiations regarding the historical accounts and apologies that accompanied each settlement similarly were influenced by the limitations imposed by the Crown, in contrast to the specific details sought by Ngāi Tahu and Waikato-Tainui. The Crown was able to strengthen its governance by achieving settlements with Waikato-Tainui and Ngāi Tahu. Both iwi also were able to enhance their own rangatiratanga by settling their claims, enhancing their political power and influence regionally and nationally. Ultimately Waikato-Tainui and Ngāi Tahu’s Treaty settlements simultaneously reinforced the Crown’s sovereignty and kawanatanga and energised Ngāi Tahu and Waikato-Tainui’s pursuit of rangatiratanga.</p>

Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown

<p>Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues. Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. Waikato-Tainui and Ngāi Tahu argued that a larger quantum would be necessary to achieve the finality and general financial certainty sought by the Crown, but were challenged most prominently by Treasury. Nonetheless both iwi were able to obtain significant concessions. The subsequent limit set on the total financial scope of each settlement also influenced the amount of land that was returned. In addition the Crown’s overall control of the process influenced the type of Crown lands that would be returned, and in Waikato-Tainui’s case, the legal form in which land was returned. The negotiations regarding the historical accounts and apologies that accompanied each settlement similarly were influenced by the limitations imposed by the Crown, in contrast to the specific details sought by Ngāi Tahu and Waikato-Tainui. The Crown was able to strengthen its governance by achieving settlements with Waikato-Tainui and Ngāi Tahu. Both iwi also were able to enhance their own rangatiratanga by settling their claims, enhancing their political power and influence regionally and nationally. Ultimately Waikato-Tainui and Ngāi Tahu’s Treaty settlements simultaneously reinforced the Crown’s sovereignty and kawanatanga and energised Ngāi Tahu and Waikato-Tainui’s pursuit of rangatiratanga.</p>

How Do Consumers Fare When Dealing with Debt Collectors? Evidence from Out-of-Court Settlements

Do deals with debt collectors alleviate consumer financial distress? Using new data linking court and credit registry records, we examine civil collection lawsuits where consumers can settle out of court. Random assignment of judges with different styles generates exogenous variation in the likelihood of settlement negotiations. We find that settlements increase financial distress relative to going to court, likely by draining consumers of liquidity. The effect is stronger among less financially literate consumers. Survey evidence suggests that consumers generally overestimate how much they would pay through the court system. Perceived nonpecuniary benefits also motivate some consumers to settle.

22. Privilege

This chapter discusses several well-established principles whereby relevant evidence is excluded because of extrinsic considerations which outweigh the value that the evidence would have at trial. Three types of privilege are considered: (i) the privilege against self-incrimination (including statutory withdrawal of the privilege, compatibility with Article 6 of the European Convention on Human Rights, the compulsory production of pre-existing documents and materials, and substituted protection); (ii) legal professional privilege, which enables a client to protect the confidentiality of (a) communications between him and his lawyer made for the purpose of obtaining and giving legal advice (known as ‘legal advice privilege’) and (b) communications between him or his lawyer and third parties for the dominant purpose of preparation for pending or contemplated litigation (known as ‘litigation privilege’); and (iii) ‘without prejudice’ privilege, which enables settlement negotiations to be conducted without fear of proposed concessions being used in evidence at trial as admissions.

„Ich Kam, Sah und Explodierte“ – Eine Episode aus dem Leben Sammy Gronemanns

This article focuses on a particular episode in Sammy Gronemann’s life that occurred in 1902 and is briefly described in his memoires, Erinnerungen. Gronemann was asked to travel to Mainz for a propaganda lecture on behalf of the Zionist Movement in which he caused an uproar. Earlier in the year, the Jewish-orthodox newspaper Der Israelit of Mainz had published a slanderous article on the Zionist bank, the Jewish Colonial Trust, for which it was sued by the Zionist leadership. In the midst of the trial against the paper and its editor-in-chief, Oskar Lehmann, efforts were made to bring the trial to a quick end by means of a settlement. During Gronemann’s talk in Mainz, he spotted Lehmann in the audience and entered into a tirade. He publicly insulted Lehmann, who angrily left the venue. This caused an uproar and jeopardized the leverage of the Zionists in the settlement negotiations and the trial’s speedy conclusion. This paper provides the background to the events, discusses its outcome, and puts the episode in its historical context.

Opioid firms face US criminal liability

Significance Prosecutors seek to expand the reach of a US statute previously applied only to dealers in illegal drugs, to attempt to establish corporate accountability for the crisis that has cost thousands of lives. Impacts These investigations will be independent of the civil liability companies face; parties will likely settle the myriad civil lawsuits. Uncertainty over how to value claims complicates settlement negotiations. Punishing opioids manufacturers and distributors could make firms risk-averse, thereby limiting patients’ access to pain relief.

International Corporate Prosecutions

This chapter deals with corporate prosecutions around the world, focusing on the approach adopted by federal prosecutors in the United States in which settlement negotiations with companies are resolved, either through a plea agreement or agreements entered largely out of court and without judicial oversight. These agreements, called deferred and non-prosecution agreements, have added new flexibility but also some additional uncertainty to the practice of corporate prosecutions. Before discussing how this U.S. approach has altered the international corporate prosecution landscape, the article considers varying standards for corporate criminal liability. It then examines underlying corporate crimes and how standards and enforcement approaches may vary depending on the type of crime, settlement approaches toward corporate criminal cases, criticisms of corporate crime settlement approaches, and international approaches and cooperation in corporate crime cases. It also explains how corporate or entity-based criminal liability is limited and unavailable for many types of crimes in most countries.

TO THE QUESTION ON PRE-CASE SETTLEMENT OF ECONOMIC DISPUTES

The article identifies the nature of pre-trial settlement of an economic dispute, analyzes the features of the pretrial settlement of an economic dispute. Taking into account the provisions of the current Commercial Code and the Commercial Procedure Code of Ukraine, the article examines the procedure for pre-judicial settlement of the economic dispute, including the analysis of the rules of economic law and commercial procedural law, which regulate the general procedure for pre-trial settlement of economic disputes. It is determined that pre-trial settlement of economic disputes is an independent legal institution, the rules of which are contained in both procedural and material sources of law of different legal force. Specified that pre-trial settlement of economic disputes is a set of actions defined by law and/or contract, On the basis of the conducted analysis, it is concluded that it is advisable to include in the Commercial Code a separate Chapter “Pre-trial settlement of economic disputes”, in which to determine the forms of pre-trial settlement (negotiations, claim procedure, mediation), the procedure for their application. The necessity to align the requirements of procedural and substantive norms in cases of obligatory application of pre-trial settlement of economic disputes was noted. The imperative prescription regarding the obligation to apply pre-trial settlement of economic disputes is contained in Art. 29, 30 of the International Rail Freight Agreement. In a number of other legal acts, the application of pre-trial dispute settlement is dispositive. Based on case law and business research, it is proposed to provide for the obligation of pre-trial settlement for transportation contracts, telecommunication services contracts, public procurement contracts. Keywords: pre-trial settlement, legal institute, economic dispute, parties to the economic dispute, claim, consequences of the pre-judicial settlement of the economic dispute.