Page 1 Tāmaki Collective Deed of Settlement & PSGE Ratification Information Hui July 2012
Page 2 Information Hui - Purpose Discuss: Crown’s Tāmaki Makaurau collective settlement offer Proposed collective PSGEs Facilitate questions and answers Enable in-person voting
Page 3 Voting & iwi/hapū registration Crown observers Media presence Post hui completion - kai & iwi PSGE hui OSH Information Hui - Housekeeping
Page 4 Information Hui – Presentation Scope I. Introduction and background II. Crown Treaty redress offer III. Collective Post Settlement Governance Entities IV. Next Steps V. Ratification process VI. Question and answer session
Page 5 I. INTRODUCTION & BACKGROUND THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
Page 6 Crown Treaty Negotiations Page 6 Pre 2009 Old Crown approach – one tribe negotiation 2009 Sir Douglas Graham Report New Crown approach - Regional negotiations Ngā Mana Whenua o Tāmaki Makaurau (Tāmaki Collective)
Page 7 13 iwi/hapū with historical Treaty claims in Tāmaki Makaurau Parallel and separate Treaty negotiations: Iwi/hapū specific Collective (shared interests) Collective settlement part of overall redress for each tribe Tāmaki Makaurau Historical Treaty Claims
Page 8 Tāmaki Collective – Settlement Structure 13 Iwi/Hapū 3 Rōpū Tāmaki Collective
Page 9 Ngāi Tai ki TāmakiNgāti MaruNgāti PāoaNgāti TamaohoNgāti TamaterāNgāti Te AtaNgāti WhanaungaNgāti Whātua o KaiparaNgāti Whātua Ōrākei Te Ākitai WaiohuaTe Kawerau ā MakiTe PatukirikiriTe Rūnanga o Ngāti Whātua Tāmaki Collective – The 13 Tribes
Page 10 Tāmaki Collective – The Rōpū Marutūāhu Rōpū Ngāti Maru, Ngāti Pāoa, Ngāti Tamaterā, Ngāti Whanaunga & Te Patukirikiri Ngāti Whātua Rōpū Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei & Te Rūnanga o Ngāti Whātua Waiohua Tāmaki Rōpū Ngāi Tai ki Tāmaki, Ngāti Tamaoho, Ngāti Te Ata, Te Ākitai Waiohua & Te Kawerau ā Maki
Page 11 Collective Negotiation Milestones FEB 2010 TĀMAKI COLLECTIVE FRAMEWORK AGREEMENT SIGNED JUNE 2012 TĀMAKI COLLECTIVE DEED OF SETTLEMENT INITIALLED
Page 12 II. CROWN TREATY REDRESS OFFER THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
Page 13 Status of Crown Redress Offer CULTURAL COMMERCIALHARBOURS
Page 14 “to have taonga returned and protected under the kaitiakitanga of Ngā Mana Whenua o Tāmaki Makaurau who will have a direct partnership with their governance and management” Cultural Redress
Page 15 Cultural Redress - Summary Maunga redress Motu redress Customary name changes
Page 16 Maunga Redress
Page 17 Maunga Vestings – The Super 14 Matukutūruru Maungakiekie / One Tree Hill Maungarei / Mount Wellington Maungauika Maungawhau / Mount Eden Mount Albert Mount Roskill ~ 215 hectares Mount St John Ōhinerau / Mount Hobson Ōhuiarangi / Pigeon Mountain Ōtāhuhu / Mount Richmond Rarotonga / Mount Smart Takarunga / Mount Victoria Te Tātua a Riukiuta
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Page 19 Maunga – Iwi/Hapū Recognition For each maunga, each iwi/hapū can: Have their tribal name recorded on the computer freehold register to recognise customary interests Record a tribal statement of customary association in the Collective Deed of Settlement Undertake authorised cultural activities
Page 20 Maunga – Authorised Cultural Activities Events that celebrate the iwi /hapū Events that celebrate the history of Aotearoa, Waitangi Day, Matariki Events that celebrate the ancestral association/mana of Ngā Mana Whenua o Tāmaki Makaurau Instructional/educational hīkoi Events that celebrate the maunga and volcanic activity Wānanga, hui, pōwhiri Pou/flagsAdditional activities where approved by the Maunga Authority
Page 21 Maunga – Building Ownership Maungauika – Summit Barracks, Stone Kitchen & Water Tank Ōhinerau – Mt Hobson Flats & Out Building Matukutūruru – Rumney Cottage
Page 22 Maunga – Co-Governance Tūpuna Maunga o Tāmaki Makaurau Authority Mana whenua will: Have 6 of the 12 seats (2 seats per rōpū) Chair the Statutory Authority Statutory Authority governs decision-making and management of the maunga
Page 23 Maunga – Co-Governance Statutory Authority has delegations to make decisions otherwise made by Minister of Conservation An integrated management plan will be prepared for the maunga
Page 24 Maunga – Separate Regimes Maungauika (ongoing DoC role) Maungakiekie ‘Northern Area’ (co-governance) Rarotonga (ownership) Mount Mangere (co-governance)
Page 25 Motu Redress
Page 26 Rangitoto tihi – Ngā Pona Toru a Peretū (55.4 ha) Rangitoto – Bach 80 (.5 ha) Rangitoto – Islington Bay Hall (.4 ha) Motu – Permanent Vesting Areas
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Page 28 IWI/HAPŪ RECOGNITION For each permanent vesting area, each iwi/hapū can: Have their tribal name recorded on the computer freehold register to recognise customary interests Record a tribal statement of customary association in the Collective Deed of Settlement Motu – Permanent Vesting Areas
Page 29 BUILDING OWNERSHIP Bach 80 - Islington Bay Bach ownership Right to construct spiritual/cultural wānanga centre Islington Bay Hall - rights to: Use existing hall Erect permanent symbolic structures Place temporary / moveable structures Motu – Permanent Vesting Areas
Page 30 Motuihe / Motutapu / Rangitoto / Tiritiri Matangi One year period for vestings to occur (following settlement legislation enactment) One month ownership period before vesting back to Crown Motu – Vestings and Vestings Back
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Page 32 IWI/HAPŪ RECOGNITION Each iwi/hapū can have recorded in the Gazette & NZ Herald: Their tribal name for each of the four motu to recognise customary interests Their ownership of the four motu Each iwi/hapū has the right to seek redress on Crown-owned motu Motu – Vestings and Vestings Back
Page 33 Relationship Agreement with Minister and Department of Conservation - collective and iwi/hapū relationships Joint role with Auckland Conservation Board in development/decision-making on conservation management plan for Rangitoto, Motutapu, Motukorea and Motuihe 3 seats on Auckland conservation Board (1 per Rōpū) Other Co-governance Arrangements
Page 34 Customary Name Changes
Page 35 EXISTING GEOGRAPHIC NAMES ALTERED OFFICIAL GEOGRAPHIC NAMES EXISTING GEOGRAPHIC NAMES ALTERED OFFICIAL GEOGRAPHIC NAMES EXISTING GEOGRAPHIC NAMES ALTERED OFFICIAL GEOGRAPHIC NAMES Big KingTe Tātua-a-RiukiutaMount Hobson Ōhinerau / Mount Hobson Red HillPukekiwiriki Ellets MountainMaungataketakeMount Richmond Ōtāhuhu / Mount Richmond Taylor HillTaurere / Taylor Hill Hamlin Hill Mutukaroa / Hamlin Hill Mount Smart Rarotonga / Mount Smart The DomainPukekawa Hauraki Gulf Hauraki Gulf / Tīkapa Moana Mount Victoria Takarunga / Mount Victoria Wiri MountainMatukutūruru McLaughlins Mountain Matukutūreia / McLaughlins Mountain Mount Wellington Maungarei / Mount Wellington ASSIGNED OFFICIAL NAMES Motuihe Island Motuihe Island / Te Motu-a-Ihenga One Tree Hill Maungakiekie / One Tree Hill Maungauika Mount Eden Maungawhau / Mount Eden Pigeon Mountain Ōhuiarangi / Pigeon Mountain Puke o Tara Customary Name Changes
Page 36 “the right to purchase surplus Crown land in Auckland for 172 years through a Right of First Refusal regime” Commercial Redress
Page 37 RIGHT OF FIRST REFUSAL AREA
Page 38 Exclusive right for 172 years to purchase Auckland land that is surplus: Crown land Specified Crown Entity land The RFR will not encompass any land included in an iwi/hapū historical Treaty settlement Second right to purchase – where iwi/hapū do not ultimately purchase deferred selection properties in their settlements RIGHT OF FIRST REFUSAL
Page 39 RIGHT OF FIRST REFUSAL
Page 40 III. COLLECTIVE POST SETTLEMENT GOVERNANCE ENTITIES THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
Page 41 Before Treaty settlement assets can be transferred, a Crown approved legal structure must be in place to receive them Key design factors for the collective PSGEs: 13 tribes Diverse whakapapa/waka etc (3 rōpū) Large geographical area Diverse cultural & commercial redress Independent expert advice obtained to select best types of PSGEs PSGEs - Background
Page 42 Adequately represents and is fully accountable to all members Transparent decision-making procedures Ensures the ‘beneficiaries’ of the settlement and the ‘beneficiaries’ of the governance entity are identical PSGEs – Key Crown Requirements
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Page 44 Tūpuna Taonga o Tāmaki Makaurau Trust – proposed cultural redress PSGE for the 13 iwi/hapū Whenua Haumi Roroa o Tāmaki Makaurau Limited Partnership – proposed commercial redress PSGE for the 13 iwi/hapū PSGEs – Collective & Iwi/Hapū Structure
Page 45 Rōpū entities – 3 limited partnerships and the bridge between the Collective PSGEs and iwi/hapū PSGEs Tribal PSGEs – can invest in RFR properties directly / via their Rōpū entity PSGEs – Collective & Iwi/Hapū Structure
Page 46 Cultural PSGE: Private trust Commonly used legal entity - can sit alongside subsidiary trusts or companies A limited liability company will assist the work of the Trust (Tūpuna Taonga o Tāmaki Makaurau Trust Limited) PSGEs – Nature of Entities
Page 47 Commercial PSGE: Limited partnership Akin to company (recognised in legislation), but allows for ultimate commercial structuring at iwi/hapū level A limited liability company will assist the work of the limited partnership (Whenua Haumi Roroa o Tāmaki Makaurau General Partner Limited) PSGEs – Nature of Entities
Page 48 Cultural PSGE Structure PURPOSE *Manages cultural redress on behalf of iwi/hapū *Facilitates appointment of 6 Maunga Authority members (2 per rōpū) & nomination of 3 Conservation Board members (1 per rōpū) STRUCTURE *Trust + trustee company *Appointment of equal number of directors by each rōpū entity (2 each) ACCOUNTABILITY *Controlled by and accountable to 3 rōpū entities which are in turn controlled by the iwi/hapū PSGEs *Annual Statement of Intent
Page 49 Commercial PSGE Structure PURPOSE *Manages commercial redress on behalf of iwi/hapū *Facilitates operation of RFR regime at collective level (over $5M) and the per rōpū carousel (under $5M) STRUCTURE *Limited partnership + general partner company *Appointment of equal number of directors by each rōpū entity (2 each) ACCOUNTABILITY *Controlled by and accountable to 3 rōpū entities which are in turn controlled by the iwi/hapū PSGEs *Annual Statement of Intent
Page 50 IV. NEXT STEPS THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
Page 51 NEXT STEPS Complete part-progressed parts of collective Deed: Surveys (maunga & motu) Leases for existing 3 rd party interests Maunga Authority implementation: Standing orders Annual operation plan Waitematā and Manukau negotiations to follow
Page 52 V. RATIFICATION PROCESS THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
Page 53 Voting period: 2 July to 10 August 2012 Ratification Information Hui: 16 to 20 July 2012 If sufficient support for collective settlement and PSGEs, the collective Deed will be signed and the legislative process undertaken Ratification Process
Page 54 VI. QUESTION AND ANSWER SESSION THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL