Allegations of secret details of a government deal with the Rena owners and insurers are hoped to become public at a Waitangi Tribunal hearing in Mount Maunganui on Monday.

Motiti iwi representatives say Government breached the Treaty of Waitangi by making confidential agreements with the Rena owners and insurers.

The Rena cargo ship when it struck the Astrolabe Reef in October 2011.

Motiti Island hapu spokesman Buddy Mikaere says the hapu learned of the agreement last November while seeking a Waitangi Tribunal recommendation that the Government enforce the removal notice issued to the owners of the Rena in October 2011.

The container ship struck the Astrolabe Reef about 25km off the coast of Tauranga on October 5, 2011 spilling tonnes of oil that caused one of New Zealand's biggest environmental disasters.

'In the course of preparing for the claim, we found out three confidential agreements signed between the Crown, the owners, and I believe the regional council,” says Buddy at the time.

'I'm not allowed to talk about the contents of those documents because we have had to sign a confidentiality agreement. But one of them we know some of the details about because it has leaked out from another source right back last year - alleging if the government helps the owners to be able to leave the wreck on the reef, they will then pay the government another $10 million dollars.

'So how come you can sign a deal with a foreign company, but not actually talk with us about it? We've been left completely out of the loop. We're saying it's our reef, which we are willing to share with everybody else, but in the traditional way. So it's a clear Treaty breach, which is probably what the Tribunal is more interested in.”

There is a section of the Resource Management Act, where when regional council, and government make decisions, they need to take into account the principles of the Treaty of Waitangi, says Buddy.

'Clearly the Crown is in breach of that, and because they are a party to the agreement with the Crown, so are the owners.”

Also for discussion is the hapu appeal against the regional council downgrading the Astrolabe Reef's environmental status in the draft Coastal Management Plan.

Maritime NZ media advisor Steve Rendle says MNZ has two statutory notices in place securing removal of the MV Rena wreck, issued under the Maritime Transport Act 1994.

One notice issued under section 248 of the MTA, determining the MV Rena to be a hazardous ship; and the other under section 100A of the Maritime Transport Act 1994, determining the Rena and its cargo to be a hazard to navigation.

Elaine Butler, on behalf of the Ngai Te Hapu Incorporated Society (known as the Wai 2393 Claimant), brought a Treaty claim under the Treaty of Waitangi Act 1975 on May 28, 2013. That matter is presently before the Waitangi Tribunal, with aspects of the proceedings the subject of confidentiality restrictions.

The confidential documents referred to are the deeds executed in October 2012 settling the Crown's claims and the claims of specific agencies. The deeds contain a clause providing they are confidential between the parties to the deeds.

These deeds are the subject of further consideration by the Waitangi Tribunal. It is not appropriate or possible to comment further at this point, in light of those ongoing proceedings.

The New Zealand Government and Daina Shipping Company (owner of the MV Rena) reached a comprehensive financial settlement in respect of matters arising from the ship's grounding on 5 October 2011.

Daina Shipping Company will pay $27.6 million to settle the claims of the Crown and public bodies including Maritime NZ, Bay of Plenty District Health Board, Environmental Protection Agency, the Minister of Local Government (signing as the territorial authority for Motiti island), and the New Zealand Transport Agency.

"This was a very complex negotiation given the range of issues and parties involved, and represents a good outcome for New Zealanders," says Maritime New Zealand director Keith Manch at the time.

In the event the Rena owners and insurers are granted a resource consent to leave part of the wreck in place, Daina Shipping Company will make an additional payment of $10.4 million to the Crown, reflecting their reduced salvage costs.