Kokiri Ngatahi Panui Issue 5 - May 2011

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Kokiri Ngatahi Panui Issue 5 - May 2011

KÖkiri Ngätahi PänuiMinister’s ColumnKi ngä iwi o te motu – tënä koutou.Tënä koutou e kaha mai na ki te whakatutuki i ngä moemoeä a o koutou mätua tüpuna.Tënä ra tätou i te hunga kua huri tuarä ai ki o rätou maunga ki o rätou awa – haere ngä mate.Nau mai, haere mai ki te putanga tuatahi o Te Kökiri Ngätahi mö tënei tau.There is a lot of work going on acrossthe Treaty settlement portfolio, but rightnow my biggest focus is on achievingdeeds of settlement. While it’s importantto bring new groups into negotiationsand get them started on the road tosettlement, the ultimate goal is puttinga final, comprehensive settlement downon paper. Signing a deed means thehardest part is done. We have resolvedthe grievances of the past and a newrelationship between the Crown andiwi can begin.Deed signings are always special occasions.Recently I’ve been fortunate enough tocelebrate signings with Ngäti Porou, NgätiPähauwera, Ngai Tämanuhiri and NgätiMäkino. We have also initialled a deed withNgäti Manuhiri which means that subject toratification by the claimant group anothersettlement is on the way.Deeds signal the end of substantivenegotiations and bring the delivery ofa settlement that much closer for the iwi.They are also the most resource-intensivestage of the settlement process. Myofficials and I are often found workinglate into the night in preparation for adeed signing or initialling. Lawyers andland advisors are drafted in to provideexpert advice on technicalities. Multipleversions of hefty legal documents areexchanged, reviewed, debated, andrenegotiated if necessary. Once a deedhas been signed (and everyone has hada moment to catch up on their well-earnedrest), a substantial amount of time, energyand expertise can be redirected intoprogressing other negotiations.This is the key to completing the task ofsettling all historical claims. We cannotget everyone to that goal unless the frontof the line keeps moving. As many iwi whohave been in negotiations a long timewill be aware – the costs of prolongingnegotiations can be high compared toany additional benefits they might gain.For the Crown, that cost is measured indelays to negotiations across the board,including groups who have yet to beginnegotiations.Fortunately, our work programme iscurrently running apace. I hope to beattending many more deed signingsand initiallings over the next few monthsas particularly complex negotiations inTämaki and Te Hiku o Te Ika reach theirconclusions. The results will enable a freshstart between the Crown and iwi in thoseareas, with enormous opportunity for iwito take charge of their economic andcultural futures. My hope is that futurewill soon be within reach for iwi in otherparts of the country as well.Hon Christopher FinlaysonMinister for Treaty of Waitangi Negotiationscontinued from page 1elements of redress in October 2008,and in December 2009 both parties signeda letter of agreement setting out theproposed settlement package.The following year, the Deed of Settlementwas initialled (October 2010), ratified andsigned two months later – taking just overtwo years from go to whoa. No mean featfor a treaty settlement. The settlement willbe implemented this year with the passageof legislation.“We settled in fairly quick time and arereasonably pleased with the timeframe,especially when compared to the alternativeof going through the Tribunal process,”Teepa commented.There were challenges along the way.“We have a very capable large teamyet everyone found it extremely difficult.It’s a tough process and is hard on people.It’s an emotional process,” says Teepa.And like other negotiating groups, he isquick to point out that the settlementprocess is one of much to-ing and fro-ing.“I think we need to keep in mind that it is anegotiation. Sometimes we need to dig inour toes, other times we need to move on.You’ve got to keep things moving butsometimes holding your ground isabsolutely pivotal. Having a team withvaried backgrounds enabled us to bringgreater creativity to the table to think ofsolutions that may not have been there tobegin with,” said Teepa.Equally important is consultation and opencommunication.“We put in a lot of effort going back to ourpeople. The process is lengthy and fraughtwith difficulties – so going back to our peoplewas absolutely necessary. If short cuts aretaken, then you are on dangerous ground.”» 2»NGÄ WHAKAARO – NÄ TE MINITA MÖ NGÄ TAKE TIRITI


MAY 2011New OTS DirectorAFTER FIVE YEARS AS DIRECTOR OF THE OFFICE OF TREATY SETTLEMENTS, PAUL JAMES HAS SAIDFAREWELL IN ORDER TO TAKE ON A NEW ROLE AS DEPUTY CHIEF EXECUTIVE, POLICY, REGULATORYAND ETHNIC AFFAIRS IN THE DEPARTMENT OF INTERNAL AFFAIRS. FORMER DEPUTY DIRECTOR PETERGALVIN WILL TAKE OVER THE LEADERSHIP ROLE.Under Paul’s leadership the Office ofTreaty Settlements built on the workof earlier years to achieve remarkableprogress in treaty settlements – withthe majority of claimant groups eitherworking towards or in activenegotiations with the Crown.He has overseen the development ofthe office from a small unit to a significantoperation focussed on achieving theaspirational goal of settling all outstandinghistorical grievances by 2014.As we say goodbye to Paul, we’re pleasedto welcome Peter Galvin to the role.Peter has extensive experience in theprivate and public sector and as DeputyDirector Office of Treaty Settlements hewill be a familiar face to many includingthose involved in Central North Islandnegotiations, the Te Pumautangasettlement, and negotiations in Te TaiTokerau, Tamaki Makaurau, Te Tai Hauauru,Whanganui a Tara and Te Tau Ihu.“I’m looking forward to the challenges ofleading Treaty settlements through thisnext phase and ultimately settling allhistorical claims. I’ve been part of asubstantial change in the Treaty settlementsector over recent years and as a result,OTS is working really well with iwi and adiverse range of stakeholders. I want tokeep that momentum going.“We are constantly looking to improve theprocess around settlements so we canconduct them as much as possible in away that iwi are comfortable with andwhich will give a fair and durable outcome.I’ll be trying to get around all thenegotiations in the coming months todiscuss these ideas further, introducemyself to those who have yet to meet meand catch up with some old (and not soold) faces,” says Peter.Jane Fletcher, Negotiation and SettlementManager will continue in the role of ActingDeputy Director Office of TreatySettlements and experienced SeniorAnalyst Clinton Geeves will head the TeTai Räwhiti/Takitumu negotiation teamwhile recruitment for Peter’s replacementis underway.Director, Peter Galvin“I’m looking forward to thechallenges of leading Treatysettlements through this nextphase and ultimately settlingall historical claims”He kohikohinga köreroThe descendants of the original owners of the Maraeroa A and B blocks in thecentral North Island and the Crown signed a deed of settlement on 12 March 2011.The beneficiaries of the settlement will be the descendants of the original owners ofthe blocks, regardless of iwi affiliation.The settlement includes financial redress of $1.8 million and the return of sites of highcultural significance within the Maraeroa A and B blocks totalling approximately 1,790hectares of Crown land. It also provides for a high level partnership agreement betweenthe descendants of the original owners of the blocks with the Department of Conservation.The Crown and Te Maru o Rereahu Trust (the mandated negotiators on behalf of thedescendants) initialled the Deed of Settlement on 16 December 2010, and hui toconsider the settlement were held throughout New Zealand. The descendants of theoriginal owners of the blocks voted in support of the Deed with an approval rate of over90 percent.Piripi Crown, Glen Katu and TaongahuiaMaxwell sign the Maraeroa A and B BlockDeed of SettlementTIHEI MAURI ORA – KUA WHAKAINGOATIA TE KAIWHAKAHAERE HOU MÖ TE TARI WHAKATAU I NGÄ TAKE TIRITI» 3»


KÖkiri Ngätahi PänuiSustainable GrowthAFTER SIGNING THEIR DEED OF SETTLEMENT, NGÄTI MÄKINO ARE FOCUSSED ON GROWING THEIRASSETS IN A SUSTAINABLE WAY, SAYS NGÄTI MÄKINO CHAIR, AWHI AWHIMATE.Ngäti Mäkino and the Crown signeda Deed of Settlement on 2 April 2011in a ceremony deeply symbolic ofNgäti Mäkino’s new chapter.“It was a wonderful day,” said NgätiMäkino chair, Awhi Awhimate.“The overcast morning was the korowaiof our tüpuna protecting us. And the rainthat fell as everyone went into the wharekaiafter the ceremony were tears of joyfrom our tüpuna. And then the sunshinecoming out in the afternoon was a signof acceptance.”“The settlement is about looking after ourkaumätua, our young and the uri of Mäkino.Our people are all over the motu and thissettlement may give them a reason tocome home,” says Awhi.The Ngäti Mäkino Deed of Settlement setsout commercial redress worth $11.3 millionand includes the return of culturallysignificant sites, an economic foundationon which Ngäti Mäkino can grow andmeasures for the development of a positiveand constructive future relationship betweenNgäti Mäkino and the Crown.“All tribes have the same aspirations for theiriwi and hapü. What matters now is how wemanage it. We must nurture and grow ourpütea to a sustainable level,” says Awhi.The return of some of the confiscated landincluding part of the Rotoehu Forest isdeeply important to the iwi. Ngäti Mäkinomay wish to form alliances with other iwito manage the forestry asset.“Moving forward, we should be workingwith other iwi to grow,” says Awhi.Awhi believes that being genuine and honestwas critical to achieving a successful outcomein the settlement process.“The Crown negotiators were very sincerein our discussions. They understood ourhistory and our hurt,” said Awhi.“Our instructions from our kaumätua wereto stay true to our history and keep withinthe Ngäti Mäkino rohe and in doing that wewere able to push boundaries within ournegotiations.”Legislation will shortly be introduced intoParliament to implement the settlement.And Ngäti Mäkino will grow their hopesand aspirations into bold new future.Hon Christopher Finlayson andNgäti Mäkino Chair Awhi Awhimate“All tribes have the same aspirations for their iwi and hapü.What matters now is how we manage it. We must nurtureand grow our pütea to a sustainable level”Ngäti Mäkino negotiators withHon Christopher FinlaysonHe kohikohinga köreroOn 2 March 2011 Ngäti Manuhiri and the Crown initialled a Deed ofSettlement in quiet and dignified ceremony at Matangireia (the old MäoriAffairs Select Committee room) at Parliament. The initialling of Ngäti Manuhiri’sdeed of settlement represents a significant milestone in the progress ofhistorical Treaty claims in the Tämaki Makaurau region.Ngäti Manuhiri is currently in the process of ratifying the Crown’s settlementoffer and proposed governance entity with their community. If ratified, theCrown and Ngäti Manuhiri will sign a Deed of Settlement in late May 2011.Ngäti Manuhiri negotiators initial theDeed of SettlementThe initialled Deed of Settlement can be viewed on the OTS website.» 4»HE KÖRERO RANGATIRA – NÄ TE IWI


MAY 2011Improving the condition of landbankpropertiesTHE LANDBANK WAS ESTABLISHED IN 1993 TO HOLD SURPLUSCROWN PROPERTIES THAT GOVERNMENT DEPARTMENTS WISHTO SELL, BUT THAT CLAIMANTS WANT TO HAVE RETAINED FORUSE IN A FUTURE HISTORICAL TREATY SETTLEMENT.It contains approximately 900 properties worth over $435 million, and the propertiesare administered and maintained by the Ministry of Justice until they are eithertransferred to claimants as part of a settlement, or sold on the open market onceall settlements in an area are completed.Since it was established, many more properties have gone into the landbank than havebeen released, and some have stayed there for a number of years. The growth of thelandbank has placed pressure on maintenance funding, and deferred maintenance hasaffected the condition of some of the properties. The Government has been discussingchanges to landbanking policies with iwi over the last few months, aimed at improving thecondition of landbank properties so that they remain desirable settlement assets for claimants.Two landbank propertiesThe Education Centre, Gisborne and theOhariu Model School near Johnsonville.At last year’s hui, the Government discussed the proposed policy changes, and thefeedback from iwi on those ideas:• Offering iwi the opportunity to assume ownership on or after the signing of their deedof settlement, rather than waiting for the passage of settlement legislation;• Offering iwi the opportunity to purchase properties outside the Treaty settlementsprocess, where there aren’t any unresolved overlapping claims;• Removing obsolete or unfit buildings or other improvements, with the approval of iwi;• Holding high holding cost properties for a maximum of one year after settlement datefor deferred selection by claimants;• Closing off landbanking applications from a claimant group once their property packageis agreed, unless the applications are endorsed by the mandated negotiators, andclosing off the process for landbanking surplus Crown property once all iwi in an areahave negotiated property packages; and• Releasing unwanted properties from the landbank as soon as it is clear that iwi do notwant them.The Minister has said the feedback was mainly positive, particularly in relation to thefirst three ideas. He said that the Government would aim to implement the ideas flexibly,but proceed cautiously with respect to the ideas iwi raised concerns about, so as not toprejudice any claimant groups. The Minister has said that the Crown will be working moreclosely with iwi on landbanking matters in their regions in the future.A tribute toDame Judith BinneyOne of New Zealand’s mostrespected historians and writers,Dame Judith Binney passed awayon 16 February 2011.A passionate advocate for bringingthe past to life, Dame Judith wonrespect from many quarters.“Dame Judith was a leader in anumber of fields,” Minister for Treatyof Waitangi Treaty Negotiations theHon Christopher Finlayson said ina tribute following her death.“Shedid an enormous amount to furtherNew Zealanders’ understanding ofour own history.”Through her ability to listen to peopletalk about their experiences, DameJudith developed a close relationshipwith Tühoe and became a champion forjustice – appearing as an independenthistorian at the Urewera’s claimantshearings before the Waitangi Tribunalin 2005, after earlier appearing as awitness before the Türanga (Gisborne)Tribunal in 2002.Tühoe bestowed the name Tömairangio Te Aroha – the heavenly dews oflove – on Dame Judith at Ruatoki.She went on to document the firsthundred years of Te Rohe Pötae oTe Urewera – the“encircled lands”of the Urewera – following Europeancontact, in her award winning bookEncircled Lands.“Dame Judith’s work with Tühoewill be an enduring legacy. Hermagnum opus, Encircled Lands,recovered the ‘lost history’ of TeUrewera, the Ngäi Tühoe peopleand members of neighbouring iwisuch as Ngäti Whare,” said theMinister.HE KAUPAPA ÄWHINA I NGÄ MAHI WHAKATAU» 5»


KÖkiri Ngätahi PänuiChanges to Legal Aid FundingFROM 1 JULY 2011 THERE WILL BE CHANGES TO LEGAL AID FUNDING FOR CLAIMANT GROUPS INHISTORICAL TREATY SETTLEMENT NEGOTIATIONS.Under the new Legal Services Bill,legal aid funding that has been availablefor settlement negotiations will betransferred to the Office of TreatySettlements for allocation as claimantfunding – providing an improved,streamlined claimant funding systemwith greater flexibility around howfunding is spent.The funding is likely to be available ina number of areas such as claimantcommunication costs and assistancedeveloping organisational capability in thepre-mandate phase as well as facilitation,legal or specialist advice to assist withcollective decision making processes.The main changes will be:• claimant groups rather than Treaty lawyers will apply for funding;• applications will be sent to the Office of Treaty Settlements; and• claimant groups will have more flexibility about whether to spend the funding on legalassistance or other Treaty related needs.The Legal Services Agency will continue to provide legal aid funding for settlementnegotiations until 1 July 2011. There will be a six month transitional period, at the changeover date enabling those receiving legal aid at that date to continue receiving legal aidfor a further six months.From 1 January 2012, the Office of Treaty Settlements will become the sole governmentfunder of claimants in historical Treaty settlement negotiations with the Crown.There will be no changes to legal aid funding available for historical claims or urgent hearingsbefore the Waitangi Tribunal and Crown Forestry Rental Trust funding will not be affected.Further details about the changes will be sent out to claimant groups before 1 July 2011.For further information please contact reception.OTS@justice.govt.nzHe kohikohinga köreroNgai Tämanuhiri became the first of the Türanga tribes to settle historical treaty claims when a Deed of Settlement with theCrown was signed on 5 March 2011.The settlement includes financial redress of $11.07 million and the return of sites of high cultural significance. Ngai Tämanuhiri ChairmanNä Raihania said that the settlement was an intimate occasion for Ngai Tämanuhiri with the return of significant areas of Te Kuri:“To sign our Deed on our taonga was very personal for us. Ever since Ngai Tämanuhiri first sighted Cooks Ship in 1769 Te Kuri haslooked after us. With this settlement we now have the opportunity and responsibility to look after our Kaitieki, Te Kuri-a-Paoa. We’vealso been able to arrange a return of Te Wherowhero which houses our tipuna waka, Horouta. Tënä ra ngä mihi ki nga tini whanaungae awhi mai nei kia mätou ngä tangata o ngä pari e mä mai ra.....Tihei Tämanuhiri!”The settlement also provides Ngai Tämanuhiri with relationship agreements designed to facilitate good working relationships betweenspecific Crown agencies and Ngai Tämanuhiri.Marine and Coastal Area (Takutai Moana) ActThe Marine and Coastal Area (Takutai Moana) Act passed its third reading on 24 March 2011.The Act ensures the common marine and coastal area cannot be sold off and that all New Zealanders can always enjoy their rightsof recreation and access – to walk, swim, fish, sail, dive, surf, picnic or play. It guarantees public access, fishing, navigation, andexisting use rights.Under the Act, whänau, hapü and iwi can seek recognition and protection of longstanding customary interests – a fundamental commonlaw right confirmed by the Court of Appeal in the 2003 Ngäti Apa case, but subsequently taken away from Mäori by the 2004 Act.The Act sets out tests for proving customary marine title based on the Court of Appeal’s decision in the Ngäti Apa case, as well asthe common law in Canada and Australia. It also sets out the rights customary marine title holders may exercise, such as guardianshipand development rights. These rights do not affect public access.More information about the Act, including information for whänau, hapü and iwi applicant groups can be found on theMinistry of Justice website www.justice.govt.nz» 6»HE KAUPAPA ÄWHINA I NGÄ MAHI WHAKATAU


MAY 2011UpdateTHEDECISION TO DEPART WAS EXTREMELY DIFFICULT:THE WORK OF OTS IS TREMENDOUSLY IMPORTANT,SAYS departing DIRECTOR PAUL JAMESAs most of you will now know I have resigned asDirector of the Office of Treaty Settlements. By thetime you read this, I will have taken up my newrole. The decision to depart was extremely difficult:the work of OTS is tremendously important, I havehad the opportunity to meet and work with manyremarkable and practical people, and had theopportunity to celebrate with them the successfulend of some long and challenging journeys.After five years in the role of Director I still see everysettlement as a minor miracle. Settlements must grapplewith the weight of history, complex redress and thechallenges this complexity brings. All settlements area compromise and understandably, agreeing to thecompromises and finality a settlement represents is a real challenge for iwi – one that isalways met with much dignity.From my perspective, settlements are well worth the effort required of both sides. Theyprovide iwi with a platform for economic development, they focus people on the future,and they are leading a quiet revolution in our regional economies and societies that is notyet apparent to most New Zealanders. The leadership opportunities that settlementsprovide are quickly developing the next generation of Mäori leaders. I’m excited andheartened by where I see we could be as a nation in 10-15 years.Part of my role has been to assist government agencies to understand that Treatysettlements are inevitable and will ultimately cover our country and fundamentally changethe capacity of iwi to engage with the Crown. Within government, Treaty settlementsrequire a unique mixture of prescription, creativity, risk management and risk taking.It’s professionally challenging and rewarding, exhausting and exhilarating. In the five yearsI’ve been Director, I’ve worked hard to maintain the professionalism and integrity of OTS– recognising it is not just what we do butalso how we do it. I’ve had the opportunityto grow OTS, to ensure we can deliver onthe political drive to settle longstandingTreaty grievances over the past few years.I’m proud that during this growth and itsinevitable disruption, we’ve still achievedresults.Ultimately Treaty settlements are aboutrelationships – whether between iwi andthe Crown or simply between OTS staffand yourselves. My lasting memories willbe the people I have met and worked with.There are many great leaders, talentedpeople and real characters working forMäori in Treaty settlements. Ultimately,finalised settlements all result from strongiwi leadership and the commitment anddrive of both Crown and iwi participants.It has been a privilege to meet and workwith you, and I wish you all the best foryour future endeavours in Treatysettlements.Paul JamesFormer DirectorTe Kökiri Ngätahi huiPlanning is underway for this year’s Te Kökiri Ngätahi hui,which at this stage is scheduled for the final week of June,once again in Wellington. The aim of this year’s hui is toprovide greater opportunity for claimants to meet andshare experiences with one another, in response tofeedback from last year’s hui. This year’s agenda is likelyto appeal to claimant negotiators at the operational level,with sessions on governance, commercial and culturalredress. Our hope is to encourage participation fromgroups who have already settled to help demystify thesettlement process for those who are still in the earlystages. It will also include an opportunity for claimants toprovide feedback to senior Crown officials on issues ofimportance to them. Invitations will be issued shortly withfurther details about the event.NGÄ WHAKAARO – NÄ TE KAIWHAKAHAERE O TE TARI WHAKATAU I NGÄ TAKE TIRITI» 7»


KÖkiri Ngätahi PänuiMAY 2011Treaty Settlements Progress MapHE KÖRERO MO TE ÄHUA O NGÄ TAKE TIRITI KI TE MOTU• This map gives an overview of theareas where Treaty settlements havebeen completed and areas currentlysubject to negotiations or preparing fornegotiations• The majority of claimant groups areeither working towards or are in activenegotiations with the Crown.• Settlement negotiations or prenegotiationdiscussions now cover themajority of New Zealand’s land area,and a number of significant areas haveall historical claims settled• Since the start of 2008, 21 Deeds ofSettlement and 18 Agreements inPrinciple have been reached. One Deedof Settlement was initialled and issubject to ratification as at March 2011.Ko tënei he pänui heitautoko i ngä iwi keite whakatau i ngä taketiriti waenganui ia rätou me te Karauna.AupouriNgäti KurïNgäi TakotoTe RarawaTe RoroaTe Uri o HauTe Kawerau a MakiNgäti Whatua o ÖräkeiNgäti TamaohoNgäti Te AtaNgäti TamaNgäti MutungaTe ÄtiawaTaranakiNgä RuahineNgäti RuanuiNgaa RauruNgäti ToaTainui Taranakiki te TongaKurahaupöNgäti KahuNgäti Whätua o KaiparaNgäpuhiWaikato-Tainui(RAUPATU)Waikato-Tainui(RIVER & OTHER CLAIMS)WaitomoNgäti ApaNgätikahu kiWhangaroaNgäti ManuhiriPouakaniRereahuNgätiTürangitukuaRangitaane oManawatüHaurakiRaukawaKey:NgätiTuwharetoaNgäi Tahu(Covers balance of South Island and Stewart Island)Areas where Deeds of Settlements have occurredAreas where some groups within a cluster haveDeeds of SettlementAreas subject to negotiations towardsAgreements in Principle or Deeds of SettlementAreas (approx.) subject to mandate discussionsAreas yet to enter mandating processAreas may be subject to overlapping claims. The remainderof the South Island is covered by Ngäi Tahu settlement.WaitahaTapuikaTe Arawa(Affiliates)CNINgäti Koroki KahukuraNgäti HauaNgäti PükengaNgäti RanginuiNgäi Te RangiTe MaungaNgäti WhakaueTe Arawa LakesTe Toko Toru IwiNgäti MäkinoRotomäNgäti Tüwharetoa (BOP)Ngäti AwaWhakatoheaTe Whanau a ApanuiNgäiTühoeNgäti Kahungunuki WairarapaTaranaki Whänui kiTe Upoko o Te IkaNgätiPorouTe Tira Whakaemio Te WairoaNgäti PahauweraWaimakukuMohaka ki AhuririHeretaunga TamateaRangitaane o WairarapaMorioriTuranganui-a-KiwaNOT TO SCALEKökiri Ngätahi Pänuiis published by theOffice of TreatySettlements.SX10111, WellingtonTe Whanganui-ä-TaraP / Waea: 04 494 9800F / Waea Whakaahua: 04 494 9801E / Ïmëra: ots.media@justice.govt.nzContribute to Kökiri Ngätahi PänuiKa kaingäkautia e mätou o koutou whakaaro. Mehemea he körero wa koutou hei pänui atu ki te motu tukuna mai ki amätou. We value your views. If you have körero to share with the motu send them to us at: ots.media@justice.govt.nz

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