Deed of Settlement proposal for Heretaunga Tamatea ... of Settlement proposal for Heretaunga Tamatea RATIFICATION BOOKLET. 2 Deed of Settlement proposal for Heretaunga Tamatea

“Bold, strategic & politically astute”

Deed of Settlement proposal for Heretaunga TamateaRATIFICATION BOOKLET

2 Deed of Settlement proposal for Heretaunga Tamatea

ContentsPurpose of this Ratification Booklet 3Letter from the Chair 4Summary 5Recommendation 5Acknowledgements from Negotiation Team 6Heretaunga Tamatea Deed of Settlement – An Overview 8

Overview 8Heretaunga Tamatea Heretaunga Tamatea Summary of Historical Account 8Claimant Definition 13What claims will be settled? 14Crown Acknowledgements 14Crown Apology to Heretaunga Tamatea 17Area of Interest 18Cultural Redress 19Waterways Redress 20Statutory Acknowledgements and Deeds of Recognition 21Hawkes Bay Regional Planning Committee 21Ruahine Range 22Relationship Redress 22Official geographic place name changes 23Te Aute College 23Aorangi Maori Trust Board 23Financial Redress 23Commercial Redress 24Associated with Commercial and Financial Redress 24To get a copy of the proposed Deed of Settlement 24

The Ratification Process 25Overview 25Ratification Information Hui 25Ratification Outcome 25Ratification Timeline 25Schedule of Hui 26

How to cast your vote 26The Returning Officer 26The Resolution 26Voting Papers 26Voting By Ballot 27Close of Voting 27Eligibility 27Special Voting Process 27Confidentiality 27Notification of Result 27

Contact Information/Important Dates 28He Toa Takitini Contact Details 28Ratification Dates 28

Timeframes for Ratification Process 29

Ratification Booklet 3

Bold, strategic and politically astute...

Purpose of this Ratification BookletThe purpose of this Ratification Booklet is to outline the key elements of the proposed Deed of Settlement between Heretaunga Tamatea and the Crown in respect of the settlement of the historical Treaty of Waitangi claims of Heretaunga Tamatea.

When does voting open and when is the last date to vote?Voting opens on: 22nd July 2015. Voting closes at: 1 pm on 28th August 2015

If you need more information or if any of the above information is missing, or, if you need replacements or assistance, please contact the Returning Officer at the Election Hotline 0508 666 886.

Heretaunga Tamatea Ratification and Election Hotline 0508 666 886

Members are being asked to vote on (1) ONE resolution. The resolution is:

RESOLUTION I support the Heretaunga Tamatea Deed of Settlement and authorise He Toa Takitini and the mandated negotiators to sign the Deed of Settlement on behalf of Heretaunga Tamatea.

All eligible members are entitled to vote on the resolution but are not required to. He Toa Takitini stresses the importance of all members participating and urge you to vote for the resolution.For more information about how to vote please refer to the Voting Instructions and Voting Paper received with this booklet.

IN THIS RATIFICATION INFORMATION PACK you should have received:

Ratification Booklet

“Bold, strategic & politically astute”

Deed of Settlement proposal for Heretaunga TamateaRATIFICATION BOOKLET

1Pānui

Message from the ChairTēnā koutou katoa.

Preparing for Ratification of the Deed of Settlement

The initialing of the Heretaunga Tamatea Deed of Settlement is an important milestone for our hapū of Heretaunga Tamatea.

It marks the completion of a long, long journey that began in 1835 when Te Hāpuku signed the Declaration of Independence, the subsequent signing of Te Tiriti o Waitangi in 1840 by Te Hāpuku, Harawira Te Mahikai and Hoani Waikato and the welcoming invitation that was extended to Pākeha settlers in 1851 with the sale of the Waipukurau block, an invitation that was made with enormous optimism on the promise of further economic development in the rohe. Within 10 years 70% of the land was gone; by 1900 less than 15% remained and by 1930, the hapū of Heretaunga Tamatea were virtually landless: 1.475 million acres down to 88,000. The loss was swift and large.

165 years on from the invitation but now landless, the claimants meet in 2003 and in 2007 the people vote to enter direct negotiations with the Crown. On 9 July 2015, the Deed of Settlement is initialled the Crown.

Your Taumata representatives have worked very hard to reach this point. The next step is to seek support from you, our members of He Toa Takitini. We urge you to vote in support of the resolution.

Na David Tipene-Leach

Also in this issue: Page

Ratification - What is this about? 2

Are you Eligible to Vote? 3

Eligibility to Register 3

How to Register with He Toa Takitini 3

What is Ahead with Negotiations? 4

Who is my marae rep on the Taumata? 4

Heretaunga TamateaBold, strategic and politically astute…

Panui #15 22 July 2015

Ratification of Heretaunga Tamatea Deed of Settlement

• Voting opens: 22 July 2015

• Voting closes: 28 August 2015, 1 pm

The Deed of Settlement was initialled in Wellington on 9 July 2015. This means He Toa Takitini and the Crown have agreed on the proposed package for the settlement of the historical Treaty of Waitangi grievances of Heretaunga Tamatea. The next step is to seek support from registered members of He Toa Takitini. The members of He Toa Takitini can now vote whether to accept the Deed of Settlement by considering the following resolution:

Resolution I support the Heretaunga Tamatea Deed of Settlement and authorise He Toa Takitini and the mandated negotiators to sign the Deed of Settlement on behalf of Heretaunga Tamatea.To assist with informed voting, the following Ratification Hui will be held to present information on, and discuss, the Heretaunga Tamatea Deed of Settlement.

Schedule of Ratification Hui

Date Time Venue

Saturday, 8 August 2015

10.00 am - 1.00 pm

Te Taiwhenua o Heretaunga, 821 Orchard Road, HASTINGS

Sunday, 9 August 2015

10.00 am - 1.00 pm

Te Taiwhenua o Tamatea, Kitchener Street, WAIPUKURAU


10.00 am - 1.00 pm

Museum of New Zealand Te Papa Tongarewa, 55 Cable Street, WELLINGTON


11.00 am - 2.00pm

Hoani Waititi Marae, 451 West Coast Road, Glen Eden, AUCKLAND


10.00 am - 1.00 pm

Ruahāpia Marae, Ruahapia Road, HASTINGS


10.00 am - 1.00 pm

Te Taiwhenua o Tamatea, Kitchener Street WAIPUKURAU

Settlement Negotiations - What is Ahead?

2015 Deed of Settlement

2016 Legislation

9 July September/October March September

Initial Deed of Settlement

COMPLETED

Sign Deed of Settlement

First Reading

Third and Final Reading

Who is your marae representative on the Taumata of He Toa Takitini?

Marae Taumata RepHoungarea Marae Tanira Te AuKahurānaki Marae Leon HaweaKairākau Marae Koreene HenryKohupātiki Marae Margaret McGuireKorongatā Marae Kevin TamatiMangaroa Marae Cordry HuataMatahiwi Marae Tom MulliganMataweka Marae Kohine RataMihiroa Marae Kellie JessupOmahu Marae Hinehau WhitiWhitiPourerere Marae Henare KaniPukehou Marae Elizabeth Graham

Marae Taumata RepRākautātahi Marae Brian MorrisRongomaraeroa Marae David Tipene-LeachRuahāpia Marae Peter PakuRūnanga Marae Charmaine PeneTapairu Marae Waireamana KaraTaraia Marae Robert ClarkeTe Awhina Marae Lisa TuhiTe Rongo a Tahu Marae John-Barry SmithTe Whatuiāpiti Marae Erin SandilandsWaimārama Marae Ngamoa GilliesWaipatu Marae Ngahiwi Tomoana

He Toa TakitiniPO Box 2643, Stortford Lodge 4156 Phone: 06 876 5235 Mob: 021 285 1060www.hetoatakitini.iwi.nz

Txt to Register 021 285 0535, Ring to Register 06 876 5235 or 0800 TAKITIN or Register Online www.hetoatakitini.iwi.nz

14 2Voting Paper

*123456x* 123456

*123456x* 123456

<<name>> <<surname>><<add1>><<add2>><<add3>><<add4>><<add5>> <<add6>>

Voting closes at:1pm Friday 28th August 2015

For assistance phone the Election Helpline:0508 666 886

Voting Information

• All adult members of Heretaunga – Tamatea 18 years and over are eligible to vote. If a registered person turns 18 after the voting commencement date, but before the voting closing date, they will be eligible to vote once they have reached 18 years of age. Members not currently registered can cast a special vote, which will be subject to their application for registration being accepted.

• The resolution is explained in the enclosed Ratification Information Booklet.• If your voting paper is damaged or lost, call the Voting Helpline, tollfree: 0508 666 886.• Voting closes at 1pm, Friday 28th August 2015.• A postal vote will still be counted if it is received within two days of the closing date providing the envelope is postmarked

Friday 28th August 2015 or earlier.• All voting papers will be treated as strictly confidential. 30 days after the close of voting all voting papers will be destroyed.

Please detach this document along the perforated line indicated and insert the bottom portion into the freepost envelope provided

HERETAUNGA-TAMATEA SETTLEMENT DEED OF SETTLEMENT RATIFICATION

VOTING PAPER

HERETAUNGA-TAMATEA SETTLEMENT DEED OF SETTLEMENT RATIFICATIONVOTING PAPER

RESOLUTION 1: I support the Heretaunga Tamatea Deed of Settlement and authorise He Toa Takitini and the mandated negotiators to sign the Deed of Settlement on behalf of Heretaunga Tamatea.

Yes/Āe No/Kao

Please place a tick neatly in one voting circle below:

You can vote in ONE of three ways:

1 INTERNET VOTE Vote on www.hetoatakitini.iwi.nz Follow the voting link and instructions. Your PIN number and password are:

PIN: 123456 PASSWORD: abdc

OR

2 POSTAL VOTE Post the completed voting paper in the

Freepost envelope enclosed; OR

3 BALLOT BOX VOTE Bring this voting paper to one of the

Ratification Hui (listed in the enclosed Ratification Booklet). Place your completed voting paper in the ballot box at the Hui.

3

FreePost Authority Number: 165185

The Returning OfficerHe Toa TakitiniPO Box 3138Christchurch 8140

DEED OF SETTLEMENT RATIFICATION

4Freepost Envelope


Letter from the Chair

20th July 2015

Haaro ake rā e taku manu, kanohi hōmiromiro, mataia rā ngā tihi maunga o Heretaunga, ngā raorao whenua o Tamatea e noho ake rā. No reira, tēnā koutou e te iwi. Me mihi atu, ka tika, ki a rātou o tērā rua rautau nā rātou tēnei kaupapa i whakatō ki roto i a tātou, me hākoro, hākui mā, nō ko tonu ake nei i huri ki tua, kaore e memeha noa ngā mihi te whakanui. Nō reira tēnā tātou katoa kei te hikoinga waewae e takatū tonu ana, e manawanui ana ki tēnei waitara whakamīharo.

As Chairman of He Toa Takitini (HTT), I am pleased to present the proposed Heretaunga Tamatea Deed of Settlement for your consideration.

He Toa Takitini and the Crown initialled a Deed of Settlement to settle all historical Treaty of Waitangi Claims of Heretaunga Tamatea on 9 July 2015. This was a significant milestone and the culmination of many years of intensive negotiations with the Crown. It is now time for Heretaunga Tamatea to formalise the final settlement arrangements.

This Ratification Booklet provides you with information about the proposed settlement package that is on offer for Heretaunga Tamatea.

Ratification Hui will be held throughout the country and will start on 8th August 2015 and conclude on 23 August 2015. These Hui are your opportunity to ask any questions that you may have and to clarify any other matters. It is recommended that you attend at least one of these Hui before voting. These Hui will also be livestreamed enabling those who cannot attend a Hui to view the presentations. The link to the livestream can be found at www.hetoatakitini.iwi.nz.

Voting opens on 22 July 2015 and closes on 28 August 2015 at 1 pm. If you require further information about voting you can ring:

1. the Election Hotline 0508 666 886 to talk to the Independent Returning Officer; or

2. the HTT Registration/Comms Team on 021 285 0535 to talk to a member of the HTT Comms/Registration Team.

The recommendation of your HTT Taumata Representatives is that you vote in favour of the proposal. On behalf of HTT, I seek your endorsement.

Ka nui rā te whakamihi ki a koutou, ā, ki a tātou rā hoki.

Naku iti noa

David Tipene-Leach, CHAIRPERSON



SummaryHe Toa Takitini (HTT) and the Crown initialled a Deed of Settlement on 9 July 2015. This is a significant milestone in the negotiations. It indicates that the parties have agreed on the proposed settlement offer. “Bold, strategic and politically astute” is how your HTT Taumata would describe it.As part of the Treaty settlement process, the Deed of Settlement must now be ratified. During the ratification process you will be asked to vote on a resolution that will enable the final settlement to occur.If the Crown considers that a sufficient majority participated in the ratification process and voted in support of the Deed of Settlement, then the Deed of Settlement will be signed and the settlement will be implemented through settlement legislation. All members of Heretaunga Tamatea that are 18 years of age or older are eligible to participate.The purpose of this booklet is to provide you with information about the ratification process and the Crown settlement offer to Heretaunga Tamatea, so that you can make an informed decision before voting. Ratification Hui will be held across Aotearoa to give you a chance to hear about the settlement offer and to ask questions. The Ratification Hui will also be livestreamed on www.hetoatakitini.iwi.nz if you are unable to attend any of the Hui. The Schedule of Ratification Hui is as follows:

Date Time Venue

Saturday 8 August 2015 10.00 am - 1.00 pm Te Taiwhenua o Heretaunga, 821 Orchard Road, HASTINgS

Sunday 9 August 2015 10.00 am - 1.00 pm Te Taiwhenua o Tamatea, Kitchener Street, WAIPUKURAU

Saturday 15 August 2015 10.00 am - 1.00 pm Museum of New Zealand, Te Papa Tongarewa, 55 Cable Street, WELLINgTON

Sunday 16 August 2015 11.00 am - 2.00 pm Hoani Waititi Marae, 451 West Coast Road, glen Eden, AUCKLAND

Saturday 22 August 2015 10.00 am - 1.00 pm Ruahāpia Marae, Ruahāpia Road, HASTINgS


RecommendationHe Toa Takitini (HTT) Taumata Representatives strongly recommend that Members vote in support of the following proposal for the reasons set out below:

I support the Heretaunga Tamatea Deed of Settlement and authorise He Toa Takitini and the mandated negotiators to sign the Deed of Settlement on behalf of Heretaunga Tamatea.

Yes/Āe

Reasons for supporting the proposalThe settlement provides specific acknowledgements and an apology from the Crown for its actions and omissions that breached Te Tiriti o Waitangi and its principles. The proposed settlement package also includes substantial cultural and commercial redress. HTT Taumata and the mandated negotiators believe the package will position Heretaunga Tamatea to build a sound cultural and economic base for future generations. Information about the voting process is included in this booklet on pages 26-27.


Acknowledgements from Negotiation TeamMihimihiKa tū ake mātau ko ngā kaiwhiriwhiri o Heretaunga Tamatea. Ka tika rā ka whakamihia rā koutou te whakaminenga, ngā uri, ngā rangatira o Heretaunga Tamatea e pae nei, tēnā koutou, tēnā koutou, tēnā koutou katoa.E whai ake nei ko ngā whakaaro rangatira kua puawai i tēnei āhuatanga o tātau i ngā rā, ngā wiki, ngā mārama otirā ngā tau kua hori; tēnā koutou.

Bold, strategic and politically astute

Always mindful to protect the well-being of the hapū, bold, strategic and politically astute. That is how we would describe the leadership of Heretaunga Tamatea.

In 1835 Te Hāpuku signed the Declaration of Independence

In June 1840, Te Hāpuku signed the Treaty of Waitangi, along with • Harawira Te Mahikai and• Hoani Waikato;

10 years later, the invitation was extended for Pākeha settlement, with enormous optimism and the promise of further economic development.

• Within 10 years, 70% of the land was gone.• Mindful then of the respect for the Crown, we can see a shift in strategy • Political responses to preserve the lands, 4 of them,

o Te Whata a Te Herungao Ngā Rūnangao The Repudiation Movemento Te Kotahitanga

• We can see noble leadershipo Kurupo Te Moananuio Tarehao Renata Kawepoo Karaitiana Takamoanao Henare Matuao Henare Tomoanao Ihaia Hūtana o And, of course, Te Hāpuku and many, many others.

• But by 1900, less than 15% of the land remained• 30 years later, we were virtually landless• 1.4 million acres down to 88,000• It was swift, it was large.

• Then there was this pause.

165 years on 165 years on from the invitation but now landless

2003 The claimants meet in 2003

2007 In 2007 the people vote to enter direct negotiations; bold, strategic and politically astute.

2010 2010 He Toa Takitini gains the mandate

2014 2014 we sign the Agreement In Principle

Peter Paku Negotiator

Liz Munroe Lead Negotiator

Brian Morris Negotiator



2015 2015 we initial the Deed of Settlement

A long, long journey

A long, long journey and there was much grief, which we cannot possibly understand.We return to that pause; mindful of the interests of the hapū and mindful of our respect for the Crown, we are again filled with optimism.

The package This is a package to celebrate. It offers much:• Cash rich• New rights; and• Revived relationships with the Crown. A new day.

Te Aute College Monumental is the opportunity to support Te Aute College, a kaupapa that to some extent has been paused. Together, the Crown and He Toa Takitini, can now realise the original vision of the rangatira who gifted the land in 1853.

Aorangi Māori Trust Board

The claims of the Aorangi Māori Trust Board are unique. It does seem like our waka is leaving them on the shore but we have secured commitments to further engagement and we remain optimistic.

HTT Chairmen HTT have had three Chairmen in the course of the negotiations – Peter Paku, Professor Roger Maaka and Dr David Tipene-Leach. We thank each of them for their hard work in achieving this milestone.

HTT Executive/Taumata

The HTT Executive and Taumata have worked hard to secure the confidence of our people. This is a large area with over 40 hapū and 23 marae, each independent and totally autonomous. Their efforts have been mammoth in guiding the HTT Negotiation Team with your words:• “take the people with you”• “invest in our people” • “believe in our people”

Te Hau Kāinga Our people at home, i te kāinga. Thank you for your patience and for keeping the home fires burning. Our lives have all been paused, waiting for this settlement.

Heretaunga Tamatea Aspirations

This is a settlement to be proud of. We have never viewed the negotiation as the means to achieve constitutional change. That is a discussion for another day.Our goal was two-fold. First: to complete the tasks left by our ancestors. We believe we have done this. They can rest now; and second, position our people so we can take our rightful place in the lands that were once ours.This settlement offers that. Soon there will be 26 new million dollar organisations in the Hawkes Bay. And, of course, Mana Ahuriri. Picture that. Together with our Pākeha settlers, another paused relationship, we will chart the direction for economic development in our rohe.

Te Karauna To the Crown, we have never given up on you and we will not, though there has been a pause. Te Tiriti o Waitangi was signed in good faith by both parties• We have always respected the Crown;• We have always seen ourselves as equals.• That position has not changed. Our journey now resumes.

Heretaunga Tamatea

Bold, strategic and politically astute. That is Heretaunga Tamatea.We have survived assimilation and not surprisingly, as we are proud descendants of our tīpuna who stand with us at this time.

KōreroWhakamutunga

E āku rangatira, nga hapū, ngā whānau, ngā mokopuna o Heretaunga Tamatea, kua tae te wā. Tū mai rā. Tū Māori mai.Ehara taku toa i te toa takitahi, engari taku toa He Toa Takitini.Tēnā koutou, tēnā koutou, huri noa i te whare, tēnā tātau katoa.


Heretaunga Tamatea Deed of Settlement – An OverviewOverviewThe Heretaunga Tamatea Deed of Settlement is the full and final settlement of all historical Treaty of Waitangi claims of Heretaunga Tamatea resulting from acts or omissions by the Crown from 1840 to 20 September 1992. The proposed settlement package includes the following:

The benefits of the settlement will be available to all members of Heretaunga Tamatea wherever they may live. The Heretaunga Tamatea settlement was negotiated alongside the settlement of Ahuriri Hapū. Settlement redress in relation to the Kaweka and gwavas Crown forests is joint redress with Ahuriri Hapū.Settlement legislation will follow to enact the Heretaunga Tamatea Deed of Settlement. The day on which redress will transfer to Heretaunga Tamatea or otherwise be implemented is called the ‘settlement date’, which is 40 working days after the settlement legislation receives the Royal Assent.

Heretaunga Tamatea Summary of Historical AccountHeretaunga Tamatea was a community of proud and self-sustaining independent hapū with an economy and polity consistent with tikanga Māori and traditional practices of the time.In the late 1840s, Heretaunga Tamatea rangatira invited the Crown to acquire land in their rohe in the expectation of gaining economic opportunities from European settlement. During negotiations for its first land purchase in Heretaunga Tamatea in 1851, the Crown encouraged customary owners to accept a low price for their land in order to gain access to these anticipated benefits. Days before the Waipukurau deed was signed in 1851, Crown officials arranged for a large area to be added to the block without the knowledge of the area’s occupants.During the 1850s, the Crown purchased large areas of land in Heretaunga Tamatea. In a number of instances the Crown acquired land secretly without seeking the consent of all customary owners. The Crown continued purchasing land despite being aware that its approach to negotiations was creating tensions among hapū and their rangatira, and in 1857 these tensions led to fighting in which a number of people, including leading rangatira, were killed. Following this, Heretaunga Tamatea rangatira made internal political arrangements to preserve their remaining lands, and by 1860 land sales in Heretaunga Tamatea had stopped.The Native Lands Act 1865 provided for title to Māori land, previously held in customary collective tenure, to be awarded to no more than 10 individual grantees as absolute owners (the “ten-owner rule”). The hapū of Heretaunga Tamatea understood that individual grantees were to act as trustees for their wider communities. However, the Native Lands Act 1865 enabled the shares of individual grantees to be alienated without the consent of the other grantees or other right-holders not named on the title.

Historical Redress• Agreed historical

Account• Crown

Acknowledgements• Crown Apology

Cultural Redress

Financial and

Commercial Redress



The Native Lands Act 1865 did not prevent some settlers using practices such as extending credit to grantees, and then using those debts to acquire the freehold of grantees’ shares. Some observers stated that many of the grantees who took goods on credit or signed mortgages were pressured to do so, or did not fully understand the potential ramifications of the documents they were signing. By such means, Heretaunga Tamatea hapū were soon dispossessed of further large areas of land. After 1865, the Crown and private parties also purchased a number of the areas that Māori had asked to be reserved from the sales of the 1850s. Other reserved areas became the subject of long-running disputes due to surveying errors or a failure to complete surveys.The Crown was slow to address the dispossession of hapū under the ten-owner rule despite strong protests from the hapū of Heretaunga Tamatea. Those measures it did take provided little relief for the hapū of Heretaunga Tamatea because they were not retrospective, or did not apply where land had already been alienated.In the 1870s, Heretaunga Tamatea rangatira established the Repudiation movement which sought to revoke earlier land transactions, and to address broader issues around the alienation of Māori-owned land by promoting collective decision making and political organisation. This movement was soon taken up by a number of other North Island tribes. In the 1880s and 1890s, the Kotahitanga movement adopted a similar approach, and in 1892 the first Māori Paremata (Parliament) was held at Waipatu near modern-day Hastings.By 1900, approximately 1.2 million acres out of 1.4 million acres of Heretaunga Tamatea land had passed from Māori ownership, mostly through purchases carried out by the Crown. In the early twentieth century, the Crown continued to purchase Māori-owned land in Heretaunga Tamatea, until by 1930 approximately 6% remained. During the twentieth century, Heretaunga Tamatea hapū and whānau have suffered social, economic, and cultural marginalisation, and today more than half of their people live outside the traditional rohe.






Claimant DefinitionClaimant Definition Heretaunga-Tamatea Ancestor means?

Heretaunga Tamatea meansa) the collective group composed of individuals

who descend from one or more ancestor of Heretaunga Tamatea; and

b) every whanau, hapū or group to the extent that it is composed of individuals referred to in subclause a) including:Ngāi Tahu ki Takapau, Ngāi Tamaterā, Ngāi Te Ao, Ngāi Te Hauapu, Ngāi Te Hurihanga-i-te-rangi, Ngāi Te Kīkiri o te Rangi, Ngāi Te Oatua, Ngāi Te Rangikoianake I, Ngāi Te Rangikoianake II, Ngāi Te Rangitekahutia, Ngāi Te Rangitotohu (also known as Rangitotohu), Ngāi Te Ūpokoiri, Ngāi Te Whatuiāpiti, Ngāi Toroiwaho, Ngāti Hāwea, Ngāti Hikatoa, Ngāti Hinemanu, Ngāti Hinemoa, Ngāti Hinetewai, Ngāti Hoata, Ngāti Honomokai, Ngāti Hōri, Ngāti Kautere, Ngāti Kere, Ngāti Kotahi, Ngāti Kurukuru, Ngāti Mahuika, Ngāti Manuhiri, Ngāti Mārau o Kahungunu (also known as Ngāti Mārau), Ngāti Mihiroa, Ngāti Ngarengare, Ngāti Papatuamāro, Ngāti Pīhere, Ngāti Pōporo, Ngāti Pukututu, Ngāti Rahunga, Ngāti Takaora (Ngāti Takaro), Ngāti Tamatea, Ngāti Te Rehunga, Ngāti Toaharapaki, Ngāti Tukuaterangi (also known as Ngāti Tukua I te Rangi, Ngāti Tukuoterangi, Ngāti Tuku(a)oterangi), Ngāti Ura ki te Rangi (also known as Ngāti Urakiterangi) and Ngāti Whakaiti; and

c) every individual referred to subclause a) above.For the purposes of a) a person is descended from another person if the first person is descended from the other by:1. birth; or2. legal adoption; or3. Māori customary adoption in accordance

with the tikanga (Māori customary values and practices) of Heretaunga Tamatea.

An individual who exercised customary rights by virtue of being descended from:a) Rakaihikuroa; orb) Rākainui; orc) Te Whatuiāpiti; ord) a recognised ancestor of any of the

groups referred to in paragraph (b) of the definition of Heretaunga-Tamatea (clause 8.6.2 of the Deed of Settlement); and

e) who exercised customary rights predominantly in relation to the Heretaunga-Tamatea area of interest at any time after 6 February 1840.


What claims will be settled?The Deed of Settlement provides for the final and comprehensive settlement of all the historical Treaty of Waitangi claims of Heretaunga Tamatea, in relation to Crown actions or omissions prior to 1992, including the Wai claims listed in the initialled deed of settlement.The settlement of these claims is intended to enhance the on-going relationship between Heretaunga Tamatea and the Crown under the Treaty of Waitangi and its principles. Should the Deed of Settlement be ratified by Heretaunga Tamatea, the Crown will give effect to the settlement through the legislative process. The historical claims of Heretaunga Tamatea will be fully and finally settled from the day that the settlement takes effect which is 40 business days after the settlement Bill is enacted (which is when the governor general signs the royal assent).Once the settlement legislation has been introduced into the House, the Heretaunga Tamatea claimant community will not then be able to make or pursue any further historical claims against the Crown. This settlement will not take away the right of the Heretaunga Tamatea claimant community to make claims to the Waitangi Tribunal or the Courts on contemporary claims (those that occur after 1992) or any claims based on the continued existence of aboriginal title or customary rights not included in the definition of historical claims. Acceptance of the deed of settlement also means that the claimant community agrees to the lifting of all resumptive memorials within the Heretaunga Tamatea area of interest.

Crown AcknowledgementsThe full text of the Crown Acknowledgements is set out below:1. The Crown acknowledges that before 1840, Heretaunga Tamatea was a community of proud and self

sustaining independent hapū with an economy and polity consistent with tikanga Māori and traditional practices of the time.

2. The Crown acknowledges the sterling efforts and struggles of the hapū of Heretaunga Tamatea in pursuit of their claims for redress and compensation against the Crown for the ensuing 175 years. The Crown pays tribute to all of those who worked on pursuing the Treaty claims of the hapū of Heretaunga Tamatea, and in particular to those who have not survived to see this settlement. The Crown hereby recognises the legitimacy of the historical grievances of the hapū of Heretaunga Tamatea and makes the following acknowledgements.

Heretaunga Tamatea has honoured its Treaty obligations3. The Crown acknowledges that as a Treaty partner the hapū of Heretaunga Tamatea have fulfilled their

obligations under the Treaty of Waitangi.4. The Crown acknowledges that its acts and omissions have caused great harm to the relationship between

the hapū of Heretaunga Tamatea and the Crown, and that there is a need for the Crown to restore its honour and to demonstrate its respect for the mana of Heretaunga Tamatea rangatira, whānau and hapū.

5. The Crown acknowledges the significant contribution the hapū of Heretaunga Tamatea have made to the wealth and development of Hawke’s Bay and in turn to the nation, in areas including the economy, education, farming, politics, culture and arts, public service and business.

6. The Crown acknowledges the sacrifice that the hapū of Heretaunga Tamatea have made for New Zealand’s war efforts, and pays tribute to their service.

7. The Crown acknowledges that despite the hapū of Heretaunga Tamatea fulfilling their Treaty obligations, the Crown has breached the Treaty of Waitangi and its principles in a number of respects.

8. The Crown acknowledges that it has failed to address these longstanding grievances in an appropriate manner and that recognition of these grievances is long overdue.



Crown Land Purchases9. The Crown acknowledges that:

a) the rangatira of Heretaunga Tamatea sought to establish mutually beneficial relationships with the Crown when they offered land for settlement in the late 1840s;

b). the hapū of Heretaunga Tamatea did not receive all the benefits of European settlement that the Crown said they could expect if they accepted the low prices the Crown offered to purchase their lands during negotiations in 1851 at Waipukurau, and later at a hui with the governor in 1853;

c) it failed to properly survey many of the areas it had agreed would be reserved in Heretaunga Tamatea ownership when purchasing their land in the 1850s, and this caused significant harm for the hapū of Heretaunga Tamatea;

d) the hapū of Heretaunga Tamatea lost access to the rich resources of Whatumā many decades after the 1851 Waipukurau purchase, despite their testimony that they had received a verbal promise during those negotiations that Whatumā would be reserved, but which was not recorded in the Waipukurau deed; and

e) its failure to ensure that adequate reserves were protected in the ownership of the hapū of Heretaunga Tamatea when it purchased land in the 1850s breached the Treaty of Waitangi and its principles.

10. The Crown acknowledges that:a) in 1851 it failed to investigate the customary ownership of a 3,500 acre area known as Aorangi

before arranging to include it in a large extension of the Waipukurau block days before the deed was signed;

b) it never obtained the consent of the customary owners to its acquisition of this portion of Aorangi; c) it purchased a further 3,700 acres of Aorangi from a small number of customary owners in 1854,

again without investigating customary ownership;d) it failed to uphold an agreement it made with some customary owners in 1858 to return 1,870

acres of Aorangi; ande) all of these failures to actively protect the rights and interests of Heretaunga Tamatea Māori

breached the Treaty of Waitangi and its principles.11. The Crown further acknowledges that despite repeated protests from the hapū of Aorangi, the Crown did

not provide a measure of compensation until nearly a century after the Aorangi lands had been lost.12. The Crown acknowledges that:

a) from 1854, it conducted negotiations that became known as ‘ngā hoko tāhae’ or the ‘secret purchases’ for a number of Heretaunga Tamatea blocks with small groups or individuals in Auckland and Wellington without adequately investigating the customary ownership of these blocks;

b) in some cases it persisted with purchase negotiations despite being aware that other customary owners opposed those transactions;

c) it continued to negotiate and make payments for some of these lands despite warnings that the tensions its purchase activities were creating were likely to lead to conflict between Māori who asserted interests in those blocks;

d) these tensions led to armed conflict in 1857 between Māori who asserted interests in those blocks, during which a number of Heretaunga Tamatea Māori died; and

e) its conduct during purchase negotiations in these blocks did not meet its obligations under the Treaty of Waitangi and it principles to actively protect the interests of the hapū of Heretaunga Tamatea.


The Native Land Laws13. The Crown acknowledges that:

a) it did not consult the people of Heretaunga Tamatea before introducing native land laws that provided for the individualisation of land previously held in collective hapū tenure under Heretaunga Tamatea tikanga;

b) between 1866 and 1870, the Native Land Court awarded titles for over a hundred land blocks in Heretaunga Tamatea covering more than 330,000 acres to ten or fewer owners in each case;

c) the hapū of Heretaunga Tamatea understood that the individuals named on these titles were to be trustees for their communities, but the native land laws did not prevent land in the Heretaunga and other blocks from being alienated without the consent of the wider community of customary owners who were thereby dispossessed of their interests in these lands;

d) this meant the operation of the native land laws in these blocks did not reflect the Crown’s obligation to actively protect the interests of the hapū of Heretaunga Tamatea in land they may otherwise have wished to retain, and this was a breach of the Treaty of Waitangi and its principles.

14. The Crown acknowledges that its failure to provide a legal means for the collective administration of the land of the hapū of Heretaunga Tamatea until 1894 was a breach of the Treaty of Waitangi and its principles.

15. The Crown acknowledges that the operation and impact of the native land laws, particularly the awarding of land to individuals rather than to iwi or hapū, made Heretaunga Tamatea lands more susceptible to partition, fragmentation and alienation. This contributed to the erosion of the tribal structures of the hapū of Heretaunga Tamatea, which were based on the tribal custodianship of land. The Crown’s failure to protect the tribal structures of the hapū of Heretaunga Tamatea was a breach of the Treaty of Waitangi and its principles.

Political Engagement16. The Crown acknowledges the long standing commitment of the rangatira and hapū of Heretaunga

Tamatea to peaceful political engagement with the Crown through such bodies as Te Whata a Te Herunga, the Rūnanga, the Repudiation movement and Kotahitanga. The Crown further acknowledges that it failed repeatedly to address in an effective way the issues these movements raised with it.

Heretaunga Tamatea Landlessness17. The Crown acknowledges that:

a) despite almost eighty-five per cent of Heretaunga Tamatea lands being alienated by 1900, the Crown continued to acquire large quantities of land in the rohe over the next two decades;

b) the cumulative effect of Crown purchasing and the operation of the native land laws left the hapū of Heretaunga Tamatea virtually landless by about 1930; and

c) the Crown’s failure to ensure that the hapū of Heretaunga Tamatea retained sufficient land for their present and future needs had a devastating impact on the economic, social, cultural and spiritual well-being and development of the hapū of Heretaunga Tamatea, and was a breach of the Treaty of Waitangi and its principles.

Environmental Issues 18. The Crown acknowledges that:

a) the lakes, rivers, springs and wetlands of Heretaunga Tamatea, such as Whatumā, Rūnanga and Poukawa, the Tūtaekurī, Ngaruroro, Maraetōtara, Tukituki, Waipawa, Mākāretu, and Pōrangahau /Tāurekaitai Rivers, and the Pekapeka swamplands are mahinga kai that are central to the well-being of the hapū of Heretaunga Tamatea;

b) the loss of traditional lands has limited the ability of the hapū of Heretaunga Tamatea to access these waterways, to gather traditional foods, and to provide the manaakitanga that is intrinsic to Heretaunga Tamatea; and

c) the modification and degradation of the Heretaunga Tamatea environment due largely to the introduction of weeds and pests, farm run-off, industrial pollution, and drainage works, has severely damaged traditional food resources and mahinga kai.



Te Reo Māori and Education 19. The Crown acknowledges that for too long the state education system failed to value Māori cultural

understandings, and that this has had a detrimental impact on generations of Heretaunga Tamatea hapū and whānau. The Crown further acknowledges:a) that Crown-established schools caused significant harm to the children of Heretaunga Tamatea by

punishing them for speaking their own language while at school;b) the low expectations the state education system historically had for the achievements of Māori

students; and c) the poor educational outcomes which have afflicted generations of Heretaunga Tamatea children. Socio-economic Issues

20. The Crown acknowledges that its policies have contributed to the majority of the Heretaunga Tamatea hapū members now living outside of their traditional rohe.

21. The Crown acknowledges that economic reforms introduced by the Crown in the 1980s led to significant unemployment among the hapū of Heretaunga Tamatea.

22. The Crown acknowledges that the lands and resources of Heretaunga Tamatea have generated significant wealth during the nineteenth and twentieth centuries. The Crown further acknowledges that the alienation of the hapū of Heretaunga Tamatea from their lands during this time has undermined their ability to share in that wealth, and has left them economically, socially and culturally marginalised.

Crown Apology to Heretaunga TamateaThe full text of the Crown Apology to Heretaunga Tamatea is set out below:1. The Crown offers this apology to the tīpuna, hapū, whānau, and mokopuna of Heretaunga Tamatea.2. The Crown is profoundly sorry that it has repeatedly failed to uphold the partnership envisaged by

the Treaty and sought by the tīpuna of Heretaunga Tamatea since the 1840s. The Crown unreservedly apologises for its repeated breaches of the Treaty of Waitangi, and for ‘ngā mamae me ngā tūkino’, or the pain and damage, that these breaches have caused to generations of Heretaunga Tamatea.

3. The Crown regrets its many policies, acts, and omissions that have contributed to the whānau and hapū of Heretaunga Tamatea being left virtually landless. In the 1850s, the Crown used secret transactions and other divisive tactics to purchase huge areas of Heretaunga Tamatea land, often without the knowledge or consent of local customary owners. The Crown is deeply sorry that its purchasing tactics created tensions among your people that culminated in war, injury, and death.

4. The Crown introduced land laws that facilitated the further dispossession of the hapū of Heretaunga Tamatea. At the beginning of the twentieth century only a fraction of Heretaunga Tamatea lands remained in Māori ownership, yet the Crown continued to purchase land, often through measures that placed considerable pressure on individual owners. The Crown offers its profound apologies for its actions that alienated you from the whenua that had sustained your ancestors for generations, and deprived you of access to your lakes, rivers, wetlands, and springs.

5. The Crown is deeply sorry that its breaches of the Treaty of Waitangi have severely limited your economic and social opportunities, eroded your tribal structures and undermined your well-being, in stark contrast to the benefits of partnership that the Crown led you to expect in the 1850s.

6. The Crown regrets that it has failed to respond appropriately to the generations of Heretaunga Tamatea who have worked to obtain justice for their people. The Crown pays tribute to those who have not survived to see this settlement completed.

7. Through this settlement and this apology, the Crown hopes to ease the burden of grievance and sorrow that the whānau and hapū of Heretaunga Tamatea have carried for generations. The Crown looks forward to restoring a relationship with the hapū of Heretaunga Tamatea that is built on trust, co-operation, and respect for each other and the Treaty of Waitangi and its principles.


Area of InterestThe following map shows the Area of Interest of Heretaunga Tamatea for the purposes of the settlement of the historical Treaty claims. .

Map 1: Heretaunga Tamatea Area of Interest



Cultural RedressThe cultural redress recognises the immense traditional, historical and spiritual associations of Heretaunga Tamatea with places and sites owned by the Crown within the Heretaunga Tamatea rohe. This allows Heretaunga Tamatea and the Crown to enhance the conservation values associated with these sites.

Vest and gift back of Cape Kidnappers Vesting of Sites

The settlement provides for two sites – the Cape Kidnappers gannet Protection Reserve and the Cape Kidnappers Nature Reserve – to vest in the Heretaunga Tamatea Settlement Trust within five years after settlement date and then revest back in the Crown seven days later as a gift from Heretaunga Tamatea to the people of New Zealand. It was not possible to secure the permanent return of these areas, however this mechanism recognises the mana of Heretaunga Tamatea and their generosity to the nation.

The settlement provides for five (5) sites to be vested in Heretaunga Tamatea, totalling approximately 202.1 hectares. Two sites being vested are subject to recreation reserve status.Sites to vested in Heretaunga Tamatea are:• Blackhead property (approximately 10.4

hectares);• Omahu property (approximately 50.0

hectares);• Parimahu Beach property (approximately 8.9

hectares);• Lake Hatuma property (approximately 102.2

hectares), as a recreation reserve; and• Purimu Lake property (approximately 30.6

hecatres) as a recreation reserve with the Hawke’s Bay Fish and game Council as the administering body.


Overlay Classification Protection Principles

The settlement provides for four overlay classifications. Overlay classifications apply to conservation land and acknowledge the traditional, cultural, spiritual and historical association of Heretaunga Tamatea with these sites of significance. The sites are:• A’Deanes Bush Scenic Reserve;• Cape Kidnappers gannet Protection Reserve;• Cape Kidnappers Nature Reserve; and• gwavas Conservation Area.These Overlay Classifications require the New Zealand Conservation Authority (and any relevant conservation board) to have particular regard to:

a) Heretaunga Tamatea values; andb) Heretaunga Tamatea protection

principles.Heretaunga Tamatea Values• Kaitiakitanga - active protection of the site,

the environment and knowledge;• Kanohi ki te kanohi - engagement and formal

consultation;• Manawhenua - recognition of the mana of

Heretaunga Tamatea and respect for the Heretaunga Tamatea relationship with its sites;

• Tikanga - appropriate action;• Rangatiratanga - leadership, integrity and

ethical behaviour in all actions and decisions.As Heretaunga Tamatea develops its capacity, Heretaunga Tamatea looks forward to the future and the time when they are fully engaged in upholding the principle of kaitiakitanga over these significant areas.

The following protection principles are agreed by the Minister for Conservation and Heretaunga Tamatea for the purposes of avoiding harm to, or the diminishing of, Heretaunga Tamatea values related to these significant sites:

a) protection of indigenous flora and fauna, natural resources and the wider environment:

b) recognition of the mana and kaitiakitanga of Heretaunga Tamatea:

c) respect for Heretaunga Tamatea tikanga and kawa:

d) respect for the interests and relationships that Heretaunga Tamatea have with these areas of significance:

e) encouragement of the respect for the association of Heretaunga Tamatea with these areas of significance:

f) accurate portrayal of the association, interests and relationships:

g) recognition of the relationship of Heretaunga Tamatea with the wāhi tapu and wāhi whakahirahira:

h) recognition of Heretaunga Tamatea mahinga kai and the provision of cultural resources:

i) recognition of Heretaunga Tamatea relationship with, and the importance to Heretaunga Tamatea of, the ecosystems and life forms within these significant areas:

j. recognition of and respect for ngā tikanga o Heretaunga Tamatea and its relevance to the protection of these significant areas.

Waterways RedressThe Heretaunga Tamatea area of interest boasts significant waterways including the Tūtaekurī, Ngaruroro, Maraetōtara, Waipawa, Tukituki and Pōrangahau/Tāurekaitai rivers and the Rūnanga, Ōingo, Poukawa, Te Roto a Kiwa, Whatumā (Hatuma) and Pūrimu lakes.a) These waterways, considered taonga, lie at the heart of the spiritual and physical wellbeing and the

identity and culture of Heretaunga Tamatea. The hapū of Heretaunga Tamatea have responsibilities to protect these waterways.

b) The Deed of Settlement provides for the following redress with respect to the waterways of significance to Heretaunga Tamatea:



Statutory Acknowledgements and Deeds of RecognitionStatutory acknowledgements register the special association Heretaunga Tamatea has with an area. Statutory acknowledgments are recognised under the Resource Management Act 1991 and require consent authorities to provide the Heretaunga Tamatea Settlement Trust with summaries of all resource consent applications that may affect the areas named in the acknowledgements.Deeds of recognition oblige the Crown to consult with the Heretaunga Tamatea Settlement Trust and have regard to their views regarding the special association Heretaunga Tamatea has with a site. They also specify the nature of input of Heretaunga Tamatea into the management of those areas by the Crown.Heretaunga Tamatea will receive statutory acknowledgments and deeds of recognition over the following areas:

Statutory Acknowledgement Deeds of Recognition

• Clive River and its tributaries• Elsthorpe Scenic Reserve• Hiranui Scenic Reserve• Inglis Bush Scenic Reserve• Kahika Conservation Area• Karamu Stream and its tributaries• Part of Kaweka State Forest Park• Maraetōtara Scenic Reserve• Maraetōtara gorge Scenic Reserve• Mātai Moana Scenic Reserve• McLeans Bush Scenic Reserve• Mohi Bush Scenic Reserve• Monckton Scenic Reserve• Ngaruroro River and its tributaries within the

Heretaunga Tamatea area of interest• Parkers Bush Scenic Reserve• Ruahine Forest (East) Conservation Area: • Part of Ruahine Forest Park• Springhill Scenic Reserve• Te Aute Conservation Area• Tūtaekurī River and its tributaries within the

Heretaunga Tamatea area of interest• Māharakeke Stream and its tributaries• Mākāretu River and its tributaries• Pōrangahau (Tāurekaitai) River and its tributaries• Tukipō River and its tributaries• Tukituki River and its tributaries within the

Heretaunga Tamatea area of interest

• Clive River and its tributaries• Elsthorpe Scenic Reserve• Hiranui Scenic Reserve• Inglis Bush Scenic Reserve• Kahika Conservation Area• Karamu Stream and its tributaries• Part of Kaweka State Forest Park• Maraetōtara Scenic Reserve• Maraetōtara gorge Scenic Reserve• Mātai Moana Scenic Reserve• McLeans Bush Scenic Reserve• Mohi Bush Scenic Reserve• Monckton Scenic Reserve• Ngaruroro River and its tributaries within

the Heretaunga Tamatea area of interest• Parkers Bush Scenic Reserve• Ruahine Forest (East) Conservation Area: • Part of Ruahine Forest Park• Springhill Scenic Reserve• Te Aute Conservation Area• Tūtaekurī River and its tributaries within

the Heretaunga Tamatea area of interest

Hawkes Bay Regional Planning CommitteeThe Crown has introduced the Hawke’s Bay Regional Planning Committee Bill to the House of Representatives that, if enacted, will provide for a Hawke’s Bay Regional Planning Committee to which the governance entity will be entitled to appoint two members.


Ruahine RangeThe Crown has acknowledged that the Ruahine Range is of immense cultural and historical significance to Heretaunga Tamatea and other iwi with interests in the Ruahine Range. Heretaunga Tamatea wish to work collectively with other iwi who have interests in the Ruahine Range in order to build a collaborative partnership between the Crown and the collective iwi for the ongoing protection and management of the Ruahine Range and to provide greater recognition of tangata whenua associations with the Ruahine Range.The Crown, through the Department of Conservation, will invite Heretaunga Tamatea and other iwi with interests in the Ruahine Range to meet to discuss how the parties can work together to achieve this vision and will discuss what support that the Crown may give to this process.

Relationship RedressThe settlement provides for Relationship redress whereby Heretaunga Tamatea and the Crown are committed to maintaining and strengthening their positive and cooperative relationship so that it endures. Three (3) focus areas have been identified for collaboration.

Physical and natural resources

Physical and natural resources

Development of a framework for a positive, collaborative, and enduring relationship based on the Treaty of Waitangi and its principles, as well as mutual conservation aims and aspirations.

Future discussion of a Treaty-based relationship with Heretaunga Tamatea.

Ministry for Primary Industries

Recognition of Heretaunga Tamatea as tangata whenua within the area of interest, amongst other things.

Fisheries Advisory CommitteeThe Deed of Settlement provides for the appointment of a Fisheries Advisory Committee under s.21 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 for fisheries sites of particular importance to Heretaunga Tamatea.This will require the Minister to consider written advice from the committee when making decisions relating to changes in the management regime for these areas of special significance.

Heretaunga Tamatea taonga

Heretaunga Tamatea and the Crown agree that the protection and restoration of Heretaunga Tamatea taonga is of fundamental importance to the iwi and hapū of Heretaunga Tamatea. The Deed of Settlement provides for the following:

Ministry for Culture and Heritage

Commitment to work together collaboratively on mutually agreed matters of common interest

Department of Internal Affairs and Museum of New Zealand Te Papa Tongarewa

Development of detailed workplans to provide access to and protection of taonga, with particular attention to repatriation initiatives for the Ngāti Mihiroa collection of Taonga and the Te Poho o Kahungunu and Te Whare o Heretaunga wharenui.

Social and cultural initiatives

Ministry of Social Development

Identification of opportunities to grow the Heretaunga Tamatea cultural capacity, including establishing a collaborative Te Reo initiative with the Work and Income East Coast Regional Office and tertiary providers. The initiative will be aimed at enabling job seekers to undertake Te Reo classes and builds on the existing recognition by Work and Income of Te Reo as a work-readiness skill.



Official geographic place name changesThe settlement legislation will provide for the following names to be the official geographic name for the following features:

Existing Name Official geographic name Geographic feature type

Cape Kidnappers Cape Kidnappers / Te Kauwae-a-Māui Cape

Capstan Rock Muhuaka / Capstan Rock Rock

Flat Rock Puapua Rock

Flat Rock Hakikino Historic Pā site

Kuku Reef/Rocks Paparewa Reef

Lake Hatuma Lake Whatumā Lake

Motuokura Te Motu-o-Kura / Bare Island Island

Mount Erin Kohinurākau or Kōhinerākau(alternative names)

Hill

Nga Puhake-o-te-ora Ngā Puha-ake-o-te-ora Spring

Puhokio Stream Pouhōkio Stream Stream

Waihakura Te Wai-a-Kura Historic Pā site

Te Aute CollegeThe Crown has recognised that issues relating to Te Aute College are of great importance to Heretaunga Tamatea. The Deed of Settlement provides for $5 million to support the long term sustainability of Te Aute College. The Crown, through the Office of Treaty Settlements, will also facilitate discussions about developing relationship agreements between the Ministry of Education and Heretaunga Tamatea and between the Te Aute Trust Board and Heretaunga Tamatea.

Aorangi Maori Trust BoardThe Crown has acknowledged the issues relating to the relationship between the Aorangi Maori Trust Board and the Crown are of great importance to Heretaunga Tamatea and may not be fully addressed through the Heretaunga Tamatea settlement as a result of the shared whakapapa. The Deed of Settlement provides for future good faith negotiations with the Crown to explore options for approaches to address the issues in relation to the Aorangi Maori Trust Board-Crown relationship.

Financial RedressHeretaunga Tamatea will receive a financial settlement of $105 million in recognition of all their historical claims including five (5) million to be paid on-account for the following initiatives: • $2 million to establish a habitat restoration fund; and • $3 million to be used toward marae and education (including Te Reo) initiatives.


Commercial RedressDeferred Selection PropertiesHeretaunga Tamatea has six (6) deferred selection properties that are available for purchase by Heretaunga Tamatea for eighteen (18) months after settlement date.Kaweka Gwavas Crown Forest Licensed LandsHeretaunga Tamatea will, jointly with Ahuriri Hapū, purchase the Kaweka and gwavas Crown Forest Licensed Lands. The shareholding in the Kaweka gwavas Forest Company Limited includes one-third interest for Ahuriri Hapū and two-thirds interest for Heretaunga Tamatea.Right of First RefusalThe Deed of Settlement provides for a right of first refusal for Heretaunga Tamatea over the Hawkes Bay Regional Prison Facility lands for 174 years.

Associated with Commercial and Financial RedressAssociated with the commercial and financial redress Heretaunga Tamatea will be entitled to receive:• Payment of interest that has been accumulating since the date the Agreement In Principle was signed.

This is estimated to be about $7 million on settlement date but the final amount will depend on the timing of the settlement date.

• Two-thirds of the accumulated rentals on the Kāweka and gwavas Crown Forest Licensed Lands. The rentals that have been paid by the licensees on this forestry land over the years has been held by the Crown Forestry Rental Trust. The Heretaunga Tamatea share of two-thirds is estimated to be approximately $9.399 million. The final amount will depend on the timing of the settlement date.

To get a copy of the proposed Deed of Settlement• A full copy of the proposed Heretaunga Tamatea Deed of Settlement is available on the HTT website:

www.hetoatakitini.iwi.nz or you can request a copy to be sent to you by phoning the Project Manager on 06 876 5235 or 0800 TAKITINI or sending a txt to 021 285 0535.



The Ratification ProcessOverview“Ratification” is the process for securing formal consent or support from Members through a confidential ballot (vote). The Deed of Settlement sets out the redress package offered for the settlement of all Treaty claims of Heretaunga Tamatea. Details are included in this Ratification Booklet. We urge you to read and consider this information before casting your vote. A full copy of the proposed Heretaunga Tamatea Deed of Settlement is available from the HTT website: www.hetoatakitini.iwi.nz or contact the Project Manager at [email protected] or phone 06 876 5235 or 0800 TAKITINI. A copy is also available on the website of the Office of Treaty Settlements: https://www.govt.nz/treaty-settlement-documents/heretaunga-tamatea

Ratification Information HuiHTT will be holding a series of Ratification Information Hui between 8 and 23 August 2015. These hui will also be livestreamed to enable the widest possible access to the information. The Hui will give you the opportunity to raise questions and discuss any specific issues. These Hui are intended to support you in making your decision. Formal presentations will be given by HTT and there will be plenty of opportunity to ask questions and seek clarification. The Heretaunga Tamatea Deed is a significant matter. Because of this, HTT encourages you to attend at least one Ratification Information Hui. No resolution will be sought at the Hui. Voting will be conducted in accordance with the voting procedures set out on page 26-27 of this Ratification Booklet.

Ratification OutcomeIt is very important that you all participate in the process by voting. If a sufficient majority of those who participate in the ratification process vote in support of the proposed Heretaunga Tamatea Deed of Settlement, the proposed Deed of Settlement will then be signed.If the proposed Heretaunga Tamatea Deed of Settlement is not supported then Members will need to reassess their position. Should the proposed Heretaunga Tamatea Deed of Settlement not be ratified, further discussion will be required between the Crown, He Toa Takitini and Heretaunga Tamatea.

Ratification TimelineHe Toa Takitini (HTT) seeks to ratify the Heretaunga Tamatea Deed of Settlement.

Date Key Event

15 July 2015 Public Notice of Ratification Period and Information Hui. (NZ Herald, Dominion Post, Hawke’s Bay Today, Hastings Mail and Christchurch Press.

20 July 2015 Ratification packs sent out by post and first HTML email sent to Heretaunga Tamatea members.

22 July 2015 Voting period opens

8 August 2015 Ratification Information Hui begin

19 August 2015 Public Notice of reminder of closing date for voting

28 August 2015 1 pm Voting period closes

2 September 2015 Provisional election results

4 September 2015 Validation of special votes and new members

4 September 2015 Interim voting results notified by HTT to OTS and TPK

7 September 2015 Final report on ratification provided by HTT to OTS and TPK

11 September 2015 Final OTS/TPK ratification report provided to Ministers

18 September 2015 Confirmation that ratification accepted by Ministers

21 September 2015 Results publicised


Members will also be notified of results in the next edition of the HTT Pānui and results will be publicly notified in relevant newspapers and posted to the HTT webpage: www.hetoatakitini.iwi.nz and HTT Facebook page.

Schedule of Hui Date Time Venue

Saturday 8 August 2015 10.00 am - 1.00 pm Te Taiwhenua o Heretaunga, 821 Orchard Road, HASTINgS


Saturday 15 August 2015 10.00 am - 1.00 pm Museum of New Zealand, Te Papa Tongarewa, 55 Cable Street, WELLINgTON

Sunday 16 August 2015 11.00 am - 2.00 pm Hoani Waititi Marae, 451 West Coast Road, glen Eden, AUCKLAND

Saturday 22 August 2015 10.00 am - 1.00 pm Ruahāpia Marae, Ruahapia Road, HASTINgS


How to cast your voteThe Returning OfficerTo ensure the integrity of the ratification process, HTT has engaged Electionz.com Limited to act as an independent Returning Officer. Their role includes:• Acting as Returning Officer and supervising the voting process by receiving and collating the votes;• Cross-referencing voting papers with information held on HTT member register;• Operating the Election Hotline Service;• Verification of Special Votes; and• Reporting to HTT on the outcome.The Voting Papers will be retained by the Returning Officer for 12 months.Please note that HTT will not be involved in the voting process once the voting period commences. All inquiries should be made directly to the Returning Officer. Please call the Election Hotline 0508 666 886.

The ResolutionMembers are being asked to vote on the resolution following:

I support the Heretaunga Tamatea Deed of Settlement and authorise He Toa Takitini and the mandated negotiators to sign the Deed of Settlement on behalf of Heretaunga Tamatea.

Yes/Āe

Members are entitled, but not required, to vote for the resolution. HTT stresses the importance of all Members participating and urges you to vote for the resolution.

Voting PapersAll eligible voters will be sent voting papers on 20 July 2015. Voting Papers will be included in the Ratification Pack. Voting will be anonymous but each voting form will include a unique ID number for each member, to allow it to be checked against the register by the Independent Returning Officer when the votes are counted. These unique ID numbers ensure that votes cannot be duplicated.



Votes can only be made using the Standard Voting Papers or Special Voting Papers provided by the Returning Officer. If you lose or damage your voting paper, you can contact the Returning Officer at Election Hotline 0508 666 886. Alternatively you can contact the Office Administrator who, in turn, will contact the Returning Officer. If you are not currently registered with HTT, you can register online by accessing the He Toa Takitini website: www.hetoatakitini.iwi.nz or contact the Project Manager on 06 876 5235 for a registration form to be sent to you.

Voting By BallotVoting will be by ballot only. Votes may be cast in three ways:1. using a postal voting form, which will be included in the Ratification pack. The postal voting form may be

returned by post using the prepaid envelope provided; or2. by posting it in a secure and tamperproof ballot box at one of the ratification hui; or3. electronically via the HTT website using the unique Identifier and password which will be included in the

Ratification Pack.

Close of VotingPostal Voting Papers must be received by the Returning Officer by close of voting. Voting closes at 1 pm Friday 28th August 2015. Alternatively the envelope must be date-stamped by the Post Office and received within two (2) working days of the closing date 28th August 2015.A publicly notified reminder of the close of voting will appear in relevant daily newspapers on Wednesday 19th August 2015.

EligibilityTo be eligible to participate in the vote, you must meet the following criteria:• Be 18 years of age and over; and• Be a registered member of HTT.All registrations are verified by HTT kaumātua knowledgeable of the whakapapa of the hapū. Members who turn 18 years of age during the Voting Period will be eligible to vote. They must apply to register and return the application with their Voting Papers to the Returning Officer before the close of voting.

Special Voting ProcessThere will be a special voting process for members of HTT who have not registered before the Ratification Packs are sent or turn 18 during the ratification period. Upon inquiry these people will be provided with, or sent, a special voting pack that includes a registration application (coloured differently with a registration number), a special voting form (numbered with same registration number) and the Ratification Pack.The Special Voting form and the registration application must be returned to the Returning Officer (either through the post or by placing it in the ballot box at the Ratification Hui) by 1pm 28 August 2015. The Returning Officer will then provide a copy of the Registration Application to HTT. The Special Vote will be counted subject to verification of the registration by the relevant Kaumātua.

ConfidentialityVoting is by secret ballot. No one, apart from you, will know how you voted. Completed Voting Papers go directly to the Returning Officer.

Notification of ResultAs soon as HTT has been notified of the confirmed vote count, HTT will notify the results to the Office of Treaty Settlements and a report will be provided to both the Minister for Treaty of Waitangi Negotiations and the Minister for Māori Development. After consideration by Ministers, OTS will advise HTT of the outcome of Ministers’ consideration of the Ratification results. The final results of the Ratification Process will be publicly notified in relevant newspaper once these are known. You will also be advised of the Ministers’ decision through the next edition of the HTT Pānui and on the HTT website www.hetoatakitini.iwi.nz and Facebook.


Contact Information/Important DatesYou should receive the following documents in your Ratification pack by 22 July 2015:1. Ratification Booklet;2. Pānui;3. Voting Paper; and4. Pre-paid envelope addressed to the Returning Officer.If any of the documents listed above is missing, or if you need replacements or assistance, please contact the Returning Officer on the Election Hotline.If you have not received a Voting Paper and think you should have, please contact the Returning Officer on the Election Hotline 0508 666 886.The following documents will be available at the Ratification Information Hui or by contacting the HTT office (details below) or on the HTT website: www.hetoatakitini.iwi.nz 1. Ratification Booklet2. Heretaunga Tamatea Deed of Settlement

He Toa Takitini Contact Details• Phone: 06 876 5235 or Freephone 0508 666 886• Mobile: 021 285 0535• Email: [email protected]• Website: www.hetoatakitini.iwi.nz

Ratification Dates• The Ratification Voting Period runs from 22 July 2015 to 28 August 2015 at 1 pm.• He Toa Takitini is holding a series of Ratification Information Hui during this period. For more details on

venues and dates, see table on page 29.



Timeframes for Ratification ProcessBelow is a table setting out the timeframes and venues for the Ratification Process. The full schedule of meetings will be included in the Ratification Packs that are to be sent to registered members on 20 July 2015. Details will also be publicly notified in newspapers and will appear on the He Toa Takitini webpage and Facebook page from 20 July 2015.

Ratification PacksRatification Packs mailed out

Ratification packs to be sent out by post and HTML email 20 July 2015

Voting period opens 22 July 2015Ratification HuiTPK Observers to be present

Hastings Te Taiwhenua o Heretaunga821 Orchard Road, Hastings 10.00 am

Saturday 8 August 2015

Waipukurau Te Taiwhenua o TamateaKitchener Street, Waipukurau10.00 am

Sunday 9 August 2015

Wellington Museum of New ZealandTe Papa Tongarewa,55 Cable Street, Wellington10.00 am


Auckland Hoani Waititi Marae451 West Coast Road, glen Eden11.00 am


Hastings Ruahāpia MaraeRuahāpia Road Hastings 10.00 am


Waipukurau Te Taiwhenua o TamateaKitchener Street, Waipukurau10.00 am


Voting period ends Friday 28 August 2015 at 1.00 pm





He Toa TakitiniPO Box 2643, Stortford Lodge 4156Phone: 06 876 5235 Mob: 021 285 0535www.hetoatakitini.iwi.nz

Documents

Deed of Settlement proposal for Heretaunga Tamatea ... of Settlement proposal for Heretaunga Tamatea RATIFICATION BOOKLET. 2 Deed of Settlement proposal for Heretaunga Tamatea