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Page 1 Tāmaki Collective Deed of Settlement & PSGE Ratification Information Hui 16-20 July 2012
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Page 2 Information Hui - Purpose Discuss: Crown’s Tāmaki Makaurau collective settlement offer Proposed collective PSGEs Facilitate questions and answers Enable in-person voting
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Page 3 Voting & iwi/hapū registration Crown observers Media presence Post hui completion - kai & iwi PSGE hui OSH Information Hui - Housekeeping
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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
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Page 5 I. INTRODUCTION & BACKGROUND THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
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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)
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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
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Page 8 Tāmaki Collective – Settlement Structure 13 Iwi/Hapū 3 Rōpū Tāmaki Collective
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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
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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
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Page 11 Collective Negotiation Milestones FEB 2010 TĀMAKI COLLECTIVE FRAMEWORK AGREEMENT SIGNED JUNE 2012 TĀMAKI COLLECTIVE DEED OF SETTLEMENT INITIALLED
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Page 12 II. CROWN TREATY REDRESS OFFER THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
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Page 13 Status of Crown Redress Offer CULTURAL COMMERCIALHARBOURS
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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
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Page 15 Cultural Redress - Summary Maunga redress Motu redress Customary name changes
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Page 16 Maunga Redress
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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
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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
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Page 21 Maunga – Building Ownership Maungauika – Summit Barracks, Stone Kitchen & Water Tank Ōhinerau – Mt Hobson Flats & Out Building Matukutūruru – Rumney Cottage
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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
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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
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Page 24 Maunga – Separate Regimes Maungauika (ongoing DoC role) Maungakiekie ‘Northern Area’ (co-governance) Rarotonga (ownership) Mount Mangere (co-governance)
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Page 25 Motu Redress
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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
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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
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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
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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
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Page 34 Customary Name Changes
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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
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Page 36 “the right to purchase surplus Crown land in Auckland for 172 years through a Right of First Refusal regime” Commercial Redress
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Page 37 RIGHT OF FIRST REFUSAL AREA
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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
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Page 39 RIGHT OF FIRST REFUSAL
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Page 40 III. COLLECTIVE POST SETTLEMENT GOVERNANCE ENTITIES THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
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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
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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
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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
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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
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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
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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
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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
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Page 50 IV. NEXT STEPS THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
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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
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Page 52 V. RATIFICATION PROCESS THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
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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
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Page 54 VI. QUESTION AND ANSWER SESSION THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
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