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Ngati Pahauwera Treaty Claims Update

Ngati Pahauwera Treaty Claims Update. August 2010 LG Powell/RN Smail Powell Webber & Associates Solicitors. Recent Progress. Intensive negotiations continue Negotiations continue fortnightly – working through remaining detail issues while attempting to move big issues:

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Ngati Pahauwera Treaty Claims Update

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  1. Ngati Pahauwera Treaty Claims Update August 2010 LG Powell/RN Smail Powell Webber & Associates Solicitors

  2. Recent Progress • Intensive negotiations continue • Negotiations continue fortnightly – working through remaining detail issues while attempting to move big issues: • Rivers issues, including Regional Plan Committee • Overlapping claims issues • Major development is to largely sever River issues from settlement

  3. Rivers – Current Position • Settlement delayed by nearly a year by Cabinet failure to approve Regional Plan Committee concept until end July 2010 • Now approved in principle but likely to be further delays given detail negotiations needed between Crown, HBRC and 11 iwi/hapu • In meantime Crown has refused to negotiate on a local rivers mechanism to recognise Ngati Pahauwera tino rangatiratanga through day to day involvement in management of Rivers - even though part of AIP

  4. Rivers – Proposed Approach • Crown has committed to RPC whether or not part of Ngati Pahauwera settlement • No need to wait until RPC negotiations finished before completing rest of Ngati Pahauwera settlement • Once settlement proceeds Ngati Pahauwera can pursue local mechanism - ownership of rivers without jeopardising settlement negotiations • Will now proceed to finalise settlement without RPC or local mechanism – otherwise lose another year

  5. Revised Timeframes • End September 2010 – Finalise draft Deed of Settlement • October-November - Ratification • February-March 2011 – Settlement Bill • April-May 2011 – Select Committee • June-July 2011 – Settlement?

  6. Current redress issues • Remaining Rivers Issues • DoC Redress • Overlapping claims • Commercial issues • Historical Account • Foreshore and Seabed Review

  7. Remaining Rivers Issues • Some rivers redress will remain in settlement including: • Hangi stones • Gravel allocation mechanism • Details still being worked through regarding: • Mechanism for recognition of Ngati Pahauwera in water conservation order • Authority for gravel allocation mechanism

  8. DoC Redress • DoC Co-management Charter – • some of the issues in Charter including access to cultural materials now to be addressed nationally • Now more a relationship document than co-mangement • Te Heru o Tureia – Crown reluctant to fully recognise conditions of Te Heru o Tureia giftback but some progress being made • Putere - still a focus, but Tuhoe not currently engaging – may need to keep issue open while proceeding with rest of settlement

  9. Overlapping claims • No meetings with MTI since May 2010: • Crown been working with groups separately • Ngati Pahauwera have proposed solutions for representation of hapu South of Waikari River • Difficult issue that needs to be resolved quickly to ensure settlement can proceed • Until resolved cannot finalise claimant definition

  10. Commercial Issues • Waipapa B3 and Kotemaori – To be returned (final details being negotiated • [xx] Wairoa District Council properties to be returned

  11. Historical Account • Ongoing negotiations on particular details particularly around socio-economic consequences of Crown actions • Negotiations on draft acknowledgements underway • Awaiting first draft of Apology

  12. Upcoming events • AGM in October to be formally advertised shortly • 2010 Trustee elections (3 trustees) – voting closed, results announced on www.ngatipahauwera.co.nz • Ongoing update hui will be advertised and notified on website www.ngatipahauwera.co.nz • Ratification

  13. Ratification • Special Resolution process under Trust Deeds including: • Booklet summarising settlement • Hui at Mohaka, and around motu – Hastings, Gisborne, Wellington, Palmerston North, Taupo, Christchurch, Mataura, Auckland and Hamilton • Postal Ballot

  14. Ngati Pahauwera Treaty Claims Update August 2010 LG Powell/RN Smail Powell Webber & Associates Solicitors

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