Deed of Settlement & PSGE Ratification Hui

Report
Tāmaki Collective Deed of Settlement & PSGE
Ratification Information Hui
16-20 July 2012
Page 1
Information Hui - Purpose
 Discuss:
 Crown’s Tāmaki Makaurau collective settlement offer
 Proposed collective PSGEs
 Facilitate questions and answers
 Enable in-person voting
Page 2
Information Hui - Housekeeping
 Voting & iwi/hapū registration
 Crown observers
 Media presence
 Post hui completion - kai & iwi PSGE hui
 OSH
Page 3
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 4
THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
I. INTRODUCTION & BACKGROUND
Page 5
Crown Treaty Negotiations
Pre 2009
Old Crown
approach –
one tribe
negotiation
New Crown
approach Regional
negotiations
2009
Sir Douglas
Graham
Report
Ngā Mana
Whenua o
Tāmaki
Makaurau
(Tāmaki
Collective)
Page 6
Tāmaki Makaurau Historical Treaty Claims
 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
Page 7
Tāmaki Collective – Settlement Structure
13 Iwi/Hapū
3 Rōpū
Tāmaki
Collective
Page 8
Tāmaki Collective – The 13 Tribes
Ngāi Tai ki Tāmaki
Ngāti Maru
Ngāti Pāoa
Ngāti Tamaoho
Ngāti Tamaterā
Ngāti Te Ata
Ngāti Whanaunga
Ngāti Whātua o Kaipara
Ngāti Whātua Ōrākei
Te Ākitai Waiohua
Te Kawerau ā Maki
Te Patukirikiri
Te Rūnanga o Ngāti Whātua
Page 9
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 10
Collective Negotiation Milestones
FEB 2010
JUNE 2012
TĀMAKI COLLECTIVE
FRAMEWORK AGREEMENT
TĀMAKI COLLECTIVE DEED
OF SETTLEMENT
INITIALLED
SIGNED
Page 11
THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
II. CROWN TREATY REDRESS OFFER
Page 12
Status of Crown Redress Offer
CULTURAL
COMMERCIAL
HARBOURS
Page 13
Cultural Redress
“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”
Page 14
Cultural Redress - Summary
 Maunga redress
 Motu redress
 Customary name changes
Page 15
Maunga Redress
Page 16
Maunga Vestings – The Super 14
Matukutūruru
Maungakiekie / One Tree Hill
Maungarei / Mount Wellington
Maungauika
Maungawhau / Mount Eden
Mount Albert
Mount Roskill
Mount St John
Ōhinerau / Mount Hobson
Ōhuiarangi / Pigeon Mountain
Ōtāhuhu / Mount Richmond
Rarotonga / Mount Smart
Takarunga / Mount Victoria
Te Tātua a Riukiuta
~ 215 hectares
Page 17
Page 18
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 19
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 Instructional/educational hīkoi
association/mana of Ngā Mana
Whenua o Tāmaki Makaurau
Events that celebrate the maunga
and volcanic activity
Wānanga, hui, pōwhiri
Pou/flags
Additional activities where
approved by the Maunga Authority
Page 20
Maunga – Building Ownership
Maungauika – Summit Barracks, Stone Kitchen
& Water Tank
Ōhinerau – Mt Hobson Flats & Out Building
Matukutūruru – Rumney Cottage
Page 21
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 22
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 23
Maunga – Separate Regimes
Maungauika (ongoing DoC role)
Maungakiekie ‘Northern Area’ (co-governance)
Rarotonga (ownership)
Mount Mangere (co-governance)
Page 24
Motu Redress
Page 25
Motu – Permanent Vesting Areas
 Rangitoto tihi – Ngā Pona Toru a Peretū (55.4 ha)
 Rangitoto – Bach 80 (.5 ha)
 Rangitoto – Islington Bay Hall (.4 ha)
Page 26
Page 27
Motu – Permanent Vesting Areas
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
Page 28
Motu – Permanent Vesting Areas
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
Page 29
Motu – Vestings and Vestings Back
 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
Page 30
Page 31
Motu – Vestings and Vestings Back
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
Page 32
Other Co-governance Arrangements
 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)
Page 33
Customary Name Changes
Customary Name Changes
Page 34
Customary Name Changes
EXISTING GEOGRAPHIC
NAMES
ALTERED OFFICIAL
GEOGRAPHIC NAMES
EXISTING GEOGRAPHIC
NAMES
ALTERED OFFICIAL
GEOGRAPHIC NAMES
EXISTING GEOGRAPHIC
NAMES
ALTERED OFFICIAL
GEOGRAPHIC NAMES
Big King
Te Tātua-a-Riukiuta
Mount Hobson
Ōhinerau / Mount
Hobson
Red Hill
Pukekiwiriki
Ellets Mountain
Maungataketake
Mount Richmond
Ōtāhuhu / Mount
Richmond
Taylor Hill
Taurere / Taylor Hill
Hamlin Hill
Mutukaroa /
Hamlin Hill
Mount Smart
Rarotonga / Mount
Smart
The Domain
Pukekawa
Hauraki Gulf
Hauraki Gulf /
Tīkapa Moana
Mount Victoria
Takarunga / Mount
Victoria
Wiri Mountain
Matukutūruru
McLaughlins
Mountain
Matukutūreia /
McLaughlins
Mountain
Mount Wellington
Maungarei / Mount
Wellington
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
ASSIGNED OFFICIAL
NAMES
Page 35
Commercial Redress
“the right to
purchase surplus
Crown land in
Auckland for 172
years through a
Right of First Refusal
regime”
Page 36
RIGHT OF FIRST REFUSAL AREA
Page 37
RIGHT OF FIRST REFUSAL
 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
Page 38
RIGHT OF FIRST REFUSAL
Page 39
THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
III. COLLECTIVE POST SETTLEMENT
GOVERNANCE ENTITIES
Page 40
PSGEs - Background
 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
Page 41
PSGEs – Key Crown Requirements
 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
Page 42
Page 43
PSGEs – Collective & Iwi/Hapū Structure
 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
Page 44
PSGEs – Collective & Iwi/Hapū Structure
 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
Page 45
PSGEs – Nature of Entities
 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)
Page 46
PSGEs – Nature of Entities
 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)
Page 47
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
ACCOUNTABILITY
*Trust + trustee
company
*Controlled by and
accountable to 3 rōpū
entities which are in
turn controlled by the
iwi/hapū PSGEs
*Appointment of
equal number of
directors by each rōpū
entity (2 each)
*Annual Statement of
Intent
Page 48
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
ACCOUNTABILITY
*Limited partnership +
general partner
company
*Controlled by and
accountable to 3 rōpū
entities which are in
turn controlled by the
iwi/hapū PSGEs
*Appointment of
equal number of
directors by each rōpū
entity (2 each)
*Annual Statement of
Intent
Page 49
THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
IV. NEXT STEPS
Page 50
NEXT STEPS
Complete part-progressed parts of collective
Deed:
Surveys (maunga & motu)
Leases for existing 3rd party interests
Maunga Authority implementation:
Standing orders
Annual operation plan
Waitematā and Manukau negotiations to follow
Page 51
THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
V. RATIFICATION PROCESS
Page 52
Ratification Process
 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
Page 53
THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL
VI. QUESTION AND ANSWER
SESSION
Page 54

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