14 April 2008

Tena Koutou

This newsletter is to update you on various different Ngati Pahauwera issues that the section 30 representatives are currently working on.

Treaty claims – The Crown wants to negotiate!

A hui a iwi was held at Mohaka on 13 April 2008 to provide an update on recent exciting developments in the Ngati Pahauwera treaty claims.  As counsel explained, the Crown approached the section 30 to ask whether Ngati Pahauwera were interested in entering into negotiations.  On 2 April 2008, the section 30 met with the Minister in Charge of Treaty of Waitangi Negotiations, who said that the Crown wants to commit to immediate negotiations on the Ngati Pahauwera Treaty (Land claims including Mohaka Forest and Rawhiti Station, and Mohaka River Claim) and in respect of foreshore and seabed issues including the customary rights order application.

This is very pleasing as Ngati Pahauwera have been ready for a long time to begin negotiations, have been pushing hard on remedies, and the strong Customary Rights Hearing at Mohaka in February seems to have been the last straw for the Crown. 

The Crown has said that negotiations with Ngati Pahauwera are high priority, and wants to sign up to Terms of Negotiations by early May 2008, and be able to sign an Agreement in Principle by September 2008 which would in turn mean a Deed of Settlement in mid 2009.  Negotiations are proposed to be intensive and held with a specific Crown team, directly answerable to the Minister, rather than having to go through the Office of Treaty Settlements.  The remedies application, section 30 review and customary rights order application will be adjourned during negotiations.

Terms of Negotiation

The Terms of Negotiation will set out the basis for negotiations – including objectives, funding, timeframes and claimant definition.  Completion of our work on creation of a new governance entity for Ngati Pahauwera is an integral part of the negotiations and another reason why the Crown is ready to talk.  Therefore the Terms of Negotiation will require the new governance entity to be established within a short timeframe which makes the upcoming hui regarding the governance entity even more important.

We will undertake consultation on the Terms of Negotiations between 27 April and 1 May 2008, as follows:

27 April 2008 – 10am Waipapa a iwi Marae, MOHAKA

27 April 2008 – 3pm Pirates club rooms, Anzac Street, GISBORNE

29 April 2008 – 9.30am Koraunui Marae, Stokes Valley, WELLINGTON

29 April 2008 – 2pm St Michael Church Marae, PALMERSTON NORTH

29 April 2008 – 7.30pm Waipahihi Marae, State Highway 1, TAUPO [NB: change of date]

30 April 2008 – 11am Powell Webber & Associates Offices, Level 11 Peace Tower 2 St Martins Lane, Grafton, AUCKLAND [NB: change of time]

30 April 2008 – 3pm Kirikiriroa Marae, 180 Dey Street, HAMILTON [NB: change of time]

1 May 2008 – 9.30am Te Taiwhenua o Heretaunga, 821 Orchard Rd, HASTINGS

Agreement in Principle

The Agreement in Principle will summarise the key redress Ngati Pahauwera will receive, including the quantum amount, the key commercial and cultural assets, legal instruments establishing a relationship with the Crown, redress in relation to the foreshore and seabed, and redress in relation to the Mohaka River (and Waikare and Waihua Rivers).  The Agreement in Principle will have been approved by Ngati Pahauwera prior to signing.

Governance Entity

The Crown’s proposal to negotiate means that Ngati Pahauwera can receive funding from the Crown Forestry Rental Trust to finish the work on the governance entity. We are currently finalising the revised proposal following the consultation hui and feedback received and getting comments from the Crown to confirm that the proposed governance entity will meet the Crown’s requirements to receive settlement assets for Ngati Pahauwera. 

An important part of the governance entity is that we have an accurate claimant definition of who is Ngati Pahauwera.  As you will be aware, we are having a claimant definition wananga on:

Sunday 20 April 2008 – 9am, at the Incorporated Society Buildings Raupunga

Please attend to help us confirm the definition.

A summary of the revised proposal, draft trust deeds and an options paper for a hui a iwi to confirm the key components of a finalised proposal to go to a postal ballot (including the name of the proposed governance entity, the ongoing role of the active section 30 members, the number and term of trustees of the proposed governance entity and whether the governance entity is to be a single or double trust) will be distributed as soon after the claimant definition wananga as possible.  Work is also to begin shortly on a comprehensive beneficiary roll in preparation for the postal ballot on the governance entity.

Overall these exciting developments have come about because of the hard work of Ngati Pahauwera to maintain pressure on the Crown.  We are in a good position because the Crown needs to get some results, and we believe it is worth exploring negotiations, keeping the Crown to a tight timeframe because there is more certainty than our remedies application (where the Tribunal gets to make the final decision) and there is a possibility of settling our Mohaka River claims which is not available through remedies.  These negotiations also mean we will have funding to establish our governance entity, which has received good support.

Finally, please keep checking the website http://www.ngatipahauwera.co.nz/, which we are keeping updated with important information and hui dates.

Regards

Kuki Green on behalf of the section 30 representatives