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HOKOTEHI MORIORI TRUST Mandate for Treaty settlement negotiations – Crown policies

HOKOTEHI MORIORI TRUST Mandate for Treaty settlement negotiations – Crown policies. Mandate Re-confirmation Hui 30 January 2016. Agenda. Karakii and mihi hokotau Purpose of mandate hui Crown settlement policy The Moriori Claimant Definition and Wai claims

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HOKOTEHI MORIORI TRUST Mandate for Treaty settlement negotiations – Crown policies

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  1. HOKOTEHI MORIORI TRUSTMandate for Treaty settlement negotiations – Crown policies Mandate Re-confirmation Hui 30 January 2016

  2. Agenda • Karakii and mihihokotau • Purpose of mandate hui • Crown settlement policy • The Moriori Claimant Definition and Wai claims • The HMT Structure and Accountability • The mandate process • Background to Moriori claims • Next Steps • Questions from floor • Close of Hui

  3. Purpose of mandate hui • To provide information about: • Crown settlement policy • Hokotehi Moriori Trust (“HMT”) • the mandate process • Provide an opportunity for members to ask questions about the settlement process

  4. Crown settlement policy  The Crown’s policy for Treaty of Waitangi settlements include: • The Crown negotiates comprehensive Treaty settlements with Large Natural Groups. The Crown does not negotiate with individual Wai claimants. • The Crown role is to recognise a mandate given to a representative body. To be recognised by the Crown as a mandated body HMT needs to: • provide a claimant definition including allhapu, whanau and Wai claims; • be appropriately accountable to the large natural group; and • carry out an open and transparent process to seek a mandate. • The Minister for Treaty of Waitangi negotiations has recognised Moriori as a Large Natural Group • HMT represents all Moriori in settlement negotiations with the Crown whether they are registered or unregistered with HMT

  5. Claimant definition and Wai Claims All Moriori will be included in the settlement HMT is has the mandate to represent the claims of: • Founding Ancestor: Rongomaiwhenua • Area of interest: Rekohu (Chatham Island), Rangihaute (Pitt Island) and all associated outlying Islands • Wai claims: Wai 64, 308 and 417

  6. Structure and Accountability • HMT is a registered Charitable Trust under the Charitable Trusts Act 2005 • The Board of HMT will appoint negotiators to negotiate a settlement with the Crown. • Negotiators can also be removed and/or replaced by the Board

  7. Structure and Accountability HMT will be accountable to the claimant community in the following ways: • HMT will report back to Moriori through: • Hui-a-Imi • AGM • Newsletter • Regional Hui • Updates on HMT website • Report on Agreement in Principle (AIP) when signed • The mandate can be removed in the event that HMT loses support from the claimant community to represent Moriori • HMT will present an initialled deed of settlement to the claimant community for their ratification.

  8. The mandate process • By postal vote held in December 2015, beneficiaries voted in favour (81.61% result of a 41.5% return) of the following ordinary resolution: • “That the mandate of the Hokotehi Moriori Trust to represent Moriori in negotiations with the Crown for the comprehensive settlement of all historical Treaty of Waitangi claims that relate to Moriori, is reconfirmed” • Hui-a-Imi held in Christchurch to provide beneficiaries an opportunity to be informed of mandate/settlement process and to ask questions of HMT • By 13 February 2016 submissions, views and enquiries received by TPK on mandate process • HMT responds to any issues raised in submissions • Once submissions have closed and any issues raised are addressed by HMT then the Office of Treaty Settlements (OTS) will make a recommendation to the Minister on whether or not to recognise HMT’s renewed mandate.

  9. Background and Context to Moriori Treaty claims • Lossof life, liberty, land and language from 1791 onwards; • In 1862 Moriori ancestors file 130 page petition with Sir George Grey seeking justice; • 1870 Moriori lose 97.3% of our lands in Native Land Court; • 1933 Moriori declared to be “extinct” • Education system teaches and perpetuates myths and misconceptions about Moriori; • Wai 64 claim filed in 1988 for fisheries; • 1991 Wai 64 amended to include land claims; • 1994-95 – claims heard by Waitangi Tribunal; • 2001 Tribunal issue its ‘Rekohu’ report upholding Moriori claims; • 2004 HMT signs Terms of Negotiations with Crown; • 2004-2008 negotiations undertaken and get close to an AIP; • 2008 – negotiations stall

  10. Next Steps • Following recognition of mandate by the Crown the next steps are: • Enter into Terms of Negotiation • Commence negotiation process • Reach an Agreement in Principle (AIP) • Consult with members • Reach final agreement on shape of settlement and seek ratification from beneficiaries

  11. Questions?

  12. Mihi Hokomutu

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