Engagement, secrecy, and informed decision-making Sample Clauses

Engagement, secrecy, and informed decision-making. The claimants argued that the Crown omitted to conduct due diligence to inform itself of Māori rights and interests in relation to e-commerce at any stage of the negotiation and implementation of both the tppa and the cptpp.39 They said this ‘state of ignorance’ led to further omissions, such as the lack of specific protections in the e-commerce chapter, as were deemed necessary for the upOV 91 obligation (addressed in our Stage Two report). They said this avoidable ignorance causes ongoing prejudice, as the Ministry of Foreign Affairs and Trade (mfat) continues 36. Submission 3.3.61, p 6 at [13], [13.3] 37. Submission 3.3.63, p 7 at [1.3] 38. Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Art 30.5.3 39. Submission 3.3.60, p 22 at [5.1] Introduction 1.q.l.l to negotiate ftas that include e-commerce obligations without specific protec- tions for Māori rights and interests beyond the standard Treaty of Waitangi excep- tion clause adopted, as well as the other exclusions and exceptions in the cptpp.40 The Crown’s position was that Issue Four is ‘only about the negotiated outcomes’ and that matters related to ‘how the Crown decided what to agree’ were part of Issues One and Two.41 The Crown accepted there were ‘relevant intersections and narrative relationships’ between Issues One, Two, and Four, but it considered the process matters raised by the claimants to be outside the Tribunal’s jurisdiction due to the mediation agreement and withdrawal of claims relating to Issues One and Two. However, Crown counsel also noted: ‘The Crown does not seek to avoid responsibility for such matters – that responsibility has been assumed in full by the settlement on terms reached through mediation.’42 In our Stage One report, we expressed concerns about the Crown’s engagement process for the tppa, in particular relating to ‘the status of Māori as Treaty partners as opposed to general stakeholders; the transparency of the Crown in its decision- making; and the process by which the Crown informs itself of Māori interests’.43 Since our report was issued, mfat has signed a Memorandum of Understanding with Te Taumata, ‘a group of recognised leaders in Māori socio-economic and cultural development areas with significant networks across Māoridom . . . xxx- xxx by Māori to engage with mfat on trade policy and related matters’.44 In addi- tion, through the mediation agreement reached towards the final stages of this inquiry, mfat is also to establish a relation...
Sample 1
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