Negotiation Terms - Summary

Reweti Marae
10 May 2008
G Powell/A E Hansen
Powell Webber & Associates
Solicitors, Auckland

Purpose of Hui

• Brief Update of current position
• What are Terms of Negotiation?
• Provide summary of finalised Terms of negotiation between the Crown and Ngati Whatua o Kaipara
• Identify implications of Terms
• Next steps
• Resolution to approve Terms

Current Position

• Ngati Whatua o Kaipara and other Ngati Whatua groups invited to meet MICOTOWN in Auckland on 7 February 2008
• Minister confirmed Crown prepared to commit to Treaty settlement negotiations with Ngati Whatua o Kaipara in respect of the South Kaipara claim area
• Information Hui – 19 April 2008 - Claimants advised of process that Terms would be negotiated and brought back to claimants
• Terms of Negotiations now negotiated subject to MICOTOWN and the approval of Ngati Whatua o Kaipara

Terms of Negotiations

• Set out basis for negotiations – including objectives, funding, timeframes and claimant definition
• Once signed substantive negotiations can begin

Contents of Kaipara Terms

• Purpose
• Objectives
• Definitions - Ngati Whatua o Kaipara, Claims and Crown
• Representation and Representation maintenance
• Subject matter for negotiations
• Negotiations schedule
• Negotiations milestones
• What settlement will enable
• Communications
• Overlapping Claims
• Procedural - Not bound until settlement/waiver of redress

Purpose

• Summarises what Terms do
  sets out the scope, objectives, general procedures and “ground rules” for formal discussions between … Ngati Whatua o Kaipara … and the Crown … regarding the settlement of all Ngati Whatua o Kaipara Historical Claims (“the Claims”)
• Statement of intention
• Not legally binding but both parties expect other to comply

Objectives

• Negotiate in good faith a comprehensive, final and durable settlement of the Claims which is fair in the circumstances
• Achieve a settlement that does not affect customary/Treaty rights
• Provide a platform to assist Ngati Whatua to redevelop their economic base

Definitions

• Ngati Whatua o Kaipara
  • as discussed on 19 April 2008
• Ngati Whatua o Kaipara Historical claims
  • Claims before 21 September 1992
  • Includes Wai 312
• Crown

Claimant Definition

• Ngati Whatua o Kaipara will be defined as Every individual who can trace Descent from one or more ancestors who exercised Customary Rights arising from Descent from:
  • Haumoewaarangi; and/or
  • The tribal groups of Ngati Whatua Tuturu, Te Taou, Ngati Rango, Ngati Hine and Te Uri o Hau; and
  • Predominantly within the Area of Interest from 1840.
• Working Definition – will be developed during negotiations

Area of Interest

Representation

• Crown accepts Claim Committee has a mandate to enter negotiations
• Claim Committee will use their best endeavours to establish new governance entity by late October 2008
• Once established new governance entity will be recognised as the mandated entity

Representation Maintenance

• The Claims Committee representatives agree to undertake regular internal consultation and communication with Ngati Whatua o Kaipara throughout the negotiations process by providing regular updates including through hui, newsletters and the creation of Ngati Whatua o Kaipara website.
• Regular reports to Crown about consultation

Subject Matter for Negotiations

• The negotiations will include the following categories of redress:
  • The Crown’s apology and acknowledgements;
  • Cultural redress; and
  • Financial and commercial redress, including negotiation of quantum
• The Crown has agreed that Woodhill Forest will be able to be returned subject to reaching Agreement in Principle and resolution of any overlapping claims

Negotiations Milestones

• Outlines process towards settlement
• Agreement in Principle
• Draft Deed of Settlement
• Ratification
• Deed of Settlement signed
• Settlement legislation

Negotiations Schedule

• Commence substantive negotiations as soon as reasonably practicable; and
• Endeavour to be ready to sign an Agreement in Principle by 1November 2008; and
• Endeavour to agree, within twelve months of an Agreement in Principle, a draft Deed of Settlement between the Crown and Ngati Whatua o Kaipara; and
• Meet regularly and often until a settlement is given effect.

What Settlement Will Enable

• What the Crown wants out of the negotiations
• Final settlement of the Claims and the release and discharge of all of the Crown’s obligations and liabilities in respect of them
• Removal of landbank, memorials over land, jurisdiction of courts and Waitangi Tribunal

Communications

• Regular consultation between parties
• Crown will forward all documentation received by the Crown that affects Ngati Whatua o Kaipara

Overlapping Claims

• Overlapping claims issues over all redress will need to be addressed to the satisfaction of the Crown before a Deed of Settlement can be concluded
• Claims Committee to discuss issues with overlapping claimants

Procedural

• Parties not bound until Deed of Settlement
• Agreement for claimant funding
• Waiver of other avenues of redress while in negotiations
• General procedure
  • Negotiations without prejudice and private
  • Both parties can withdraw if untenable
  • Media statements only by agreement
  • Meeting venues as agreed
• Procedure for amendments

Implication of Terms

• Once signed the negotiations can commence
• Within a short period of time will know what Crown is offering
• If do not sign Terms now will lose any priority

Next Steps

• Sign terms
• Commence negotiations
• Appoint whanau to assist different aspects of the negotiations including membership roll
• Proceed with development of Governance entity

Draft Resolution

That this hui approve and progress the Terms of Negotiations for signing by the Claims Committee