Ngati Pahauwera Treaty Claims Update – 13 February 2010

PURPOSE OF HUI 

  • Update for Ngati Pahauwera on:
    • Negotiations progress
    • Current negotiations issues
    • Timeframes for negotiations

RECENT PROGRESS/UPCOMING EVENTS 

  • Intensive negotiations continue
    • Restarted 28 January 2010
    • Meeting with Minister 29 January 2010
    • Meeting with Hawkes Bay Regional Council 29 January 2010
    • Negotiations on Historical Account and Deed of Settlement drafting 4-5 February 2010
    • Further meeting 12 February 2010
  •  Next negotiations 25-26 February 2010

NEGOTIATION PROGRESS 

  • Crown continued to work on Ngati Pahauwera claims over summer and have progressed a number of issues
  • Crown team working hard behind the scenes and engaging at negotiation meetings 

MEETING WITH MINISTER 

  • Opportunity to brief Minister on key unresolved issues
  • Minister reconfirmed Crown also committed to Ngati Pahauwera settlement in early 2010
  • Minister provided an update on Crown’s work on Regional Planning Committee 

CURRENT REDRESS ISSUES 

  • Rivers
  • DoC Redress
    • Te Heru O Tureia
    • DoC Co-management
    • Return of lands
  •  Other:
    • Historical Account
    • Overlapping Claims
    • Commercial Issues
    • Other cultural

RIVERS

RIVERS – CURRENT ISSUES 

  • Regionl Plan Committee
    • Minister working towards Cabinet approval in principle of Regional Planning Committee
    • Cabinet likely to discuss in March 2010
    • Ngati Pahauwera, Hawkes Bay Regional Council and Crown can then negotiate Terms of Reference for Committee
  •  Still working to agree on mechanism to recognise Ngati Pahauwera tino rangatiritanga through day to day involvement in management of Rivers

DoC REDRESS ISSUES

TE HERU O TUREIA 

  • Negotiating terms of Te Heru O Tureia transfer and giftback including:
    • Timeframes
    • Terms of gift to ensure land will return to Ngati Pahauwera if no longer required by Crown
    • What type of reserve will best protect the land
    • Possible exemption from minerals exploration

RETURN OF DoC LANDS 

  • Crown has agreed in principle to return all 48ha of Putere Scenic Reserve (Pukakaramea) 48ha subject to written confirmation from Tuhoe
  • Awaitig confirmation in writing from Tuhoe

DoC CO-MANAGEMENT 

  • Ongoing but positive negotiations with DoC on co-management within core area
  • DoC appears to be open to providing a real say in decisions on reserves not returned to Ngati Pahauwera

RIVERS

RIVERS GOOD GOVERNANCE 

  • Scoping study commenced:
    • Hawkes Bay Regional Council collating their existing research
    • Ngati Pahauwera collating their existing research, including undertaking Cultural Health Index
    • Will meet in March to discuss further research required
    • Parties will then commission further research
  •  Can then determine best way to spend $2m fund to enhance and restore Rivers

OTHER NEGOTIATION AREAS

OVERLAPPING CLAIMS 

  • Crown confirmed no overlapping claims issues within core area or affecting redress that has been offered but continues to require ongoing negotiations between the Crown, Ngati Pahauwera and overlapping claimants to conclude
  • Crown committed to ensuring hapu South of Waikari River represented:
    • Crown leading discussions between Ngati Pahauwera and MTI as to who will represent
    • Crown confirmed will not delay Ngati Pahauwera settlement

OTHER CULTURAL REDRESS ISSUES 

  • Non-commercial Fisheries Redress:
    • Intense negotiations in 2009
    • Ngati Pahauwera until recently unhappy with redress offered
    • MFish considering ways of strengthening redress – details to be confirmed
  •  Letters of introduction
    • Departments currently adding supporting information then Minister will send prior to settlement

COMMERCIAL ISSUES  

  • Right of First Refusal for Crown lands which become surplus:
    • Have sought over Ngati Pahauwera entire core area, rather than just listed Crown properties – to make sure no properties missed
    • Awaiting Crown response on whether longer that 50 years 
  • Waipapa B3 and Kotemaori – Awaiting confirmation that will be included in settlement

HISTORICAL ACCOUNT

  • Productive workshop with Crown historian on 4 February 2010
    • Strong debate about wording of historical account
    • Crown historian currently harmonising all comments into a single draft for final negotiations
    • Crown will then provide first draft of acknowledgements and apoloy

DEED OF SETTLEMENT DRAFTING 

  • Continuing to develop Deed to record the detail of redress agreed
  • Ongoing drafting as more agreements reached
  • Drafting of Settlement Bill by Parliamentary Counsel will begin at end of February 2010

UPCOMING EVENTS 

  • Monthly hui a iwi to continue until ratification process commences towards mid – 2010
  • 2010 Trustee elections (3 trustees) to be advertised soon
  • AGM will follow post elections
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