Treaty Negotiations in Treaty Negotiations in Te Te WhanganuiWhanganui a Tara: a Tara:

Th Th K h iK h i d h Shd h Sh kkThe The KahawaiKahawai and the Shaand the Sharkrk

Selwyn KateneNgati Toa, Ngati Tama, Ngaruahine

BACKGROUNDBACKGROUND Te Upoko o te Ika a Maui

or ‘head of Maui's fish’ Kupe 1000 years ago

T f Wh T Tara son of Whatonga - Te Whanganui a Tara

From 1820s Taranaki & From 1820s Taranaki & Kawhia tribes through rights of conquest, continuous occupation, ohaki (gifting) tangatawhenuawhenua

KEY ISSUESKEY ISSUES

Effectiveness of small iwi group, Ngati Tama g p g(NT) struggling to assert its identity, mana, and tino rangatiratanga

Role of the Crown, and others, in attempts to re-establish autonomous iwi-specific voice & f f d f NT i focus for advancement of NT interests

CLAIMSCLAIMS

Two Ngati Tama claims:gWai 735 claim Ngati Tama ki te Upoko o te IkaWai 377 claim Ngati Tama Te Kaeaea

Main claim number Wai 145 Wellington Tenths Trust & Palmerston North Maori Reserves◦ The 8 general claims merge into larger natural e 8 ge e a c a s e ge to a ge atu a

grouping of iwi, hapu, whanau, and maraeinterests – Port Nicholson Block Claim (PNBC) – to negotiate and settle on behalf of ll T ki l iall Taranaki claimants

CLAIM AREACLAIM AREA

S 209 000 i Some 209,000 acres covering the greater Wellington area: 17,900 acres NZ Company , p yclaimed to have purchased from Taranaki tribes

◦ 137,242 acres of ‘wasteland’ Crown gave itself title to on

ti th t h d assumption that no-one had title because not occupied or cultivated by Maori

CROWN BREACHES CROWN BREACHES CROWN BREACHES CROWN BREACHES

Accepting as valid Accepting as valid purchases by the NZ Company, which Company, which could not possibly have constituted a have constituted a legal sale or provided valid title to the landvalid title to the land

CROWN BREACHES (cont)CROWN BREACHES (cont)CROWN BREACHES (cont)CROWN BREACHES (cont)

Disposing of wrongfully acquired land by sale to the private sector, grants to local authorities, and statutory organisations and committing it t f bli d bli to use for public reserves and public purposes

CROWN BREACHES (cont)CROWN BREACHES (cont)

Dispossessing Maori of their homes Dispossessing Maori of their homes, cultivations, lands, water-ways & sea resources

Implementing Reserved Land laws affecting Maori landowners’ ability to manage their own

f i d l t d t resources on fair and equal terms, and to participate in development of region and local economyeconomy

TRIBUNAL REPORTTRIBUNAL REPORTTRIBUNAL REPORTTRIBUNAL REPORT

Ngati Tama had: ahi ka rights within

Port Nicholson block, ,Kaiwharawhara and environs and parts of southwest coast;

take raupatu over remainder lands

Te Whanganui a Tara Me OnaTakiwa: Report on the Wellington District (Waitangi Tribunal, 2003)

TWO NGATI TAMA GROUPSTWO NGATI TAMA GROUPSTWO NGATI TAMA GROUPSTWO NGATI TAMA GROUPS

Ngati Tama ki te Upoko o te Ika:◦ Established 28 March 2002 to manage Wai

735 claim & interests of NT, with support from Ngati Toa & NT (Taranaki & Te Tau Ihu) & 700 member register

N i W i N i T Ngati Wai o Ngati Tama◦ Wanganui-based hapu

f NT of NT representing interests of Te Kaeaea,paramount chief

TRIBUNAL FINDINGTRIBUNAL FINDINGTRIBUNAL FINDINGTRIBUNAL FINDING

It will be for the two NT groups to agree on who is to represent them in their negotiations

ith the Cr n in res ect f ari s Treat with the Crown in respect of various Treaty breaches which affected NT, along with Te Atiawa, Taranaki and Ngati Ruanui (pg 490) Atiawa, Taranaki and Ngati Ruanui (pg 490)

A specific breach unique to NT also occurred

PNBC PNBC PNBC PNBC

Most claimants set up PNBC to negotiate settlement on behalf of Te Atiawa, Ngati Mutunga, Taranaki, Ngati Ruanui & Ngati Tama, with support from local Tenths Trustspp

Some Ngati Tama preferred separate process and representation of NT on PNBCAgreed not to be part of PNBC deliberations Agreed not to be part of PNBC deliberations

PNBC Deed of Mandate response

NT SUPPORTNT SUPPORTNT SUPPORTNT SUPPORT

Support - Ngati Toa, Ngati Tama (Taranaki / Te Tau Ihu) & 700 reg members that NT:◦ manages the Wai 735 claim, ◦ is an Iwi in its own right and,◦ represents NT interests in Wellington

Concern from PNBC, Te Atiawa & Tenths Trust◦ that a NT split claim would encourage others◦ preference for one set of negotiations only

PNBC DEED OF MANDATEPNBC DEED OF MANDATEPNBC DEED OF MANDATEPNBC DEED OF MANDATE

Eventually, recognised by the Crowny g y◦ “subject to the condition that there’s provision

for two permanent seats on PNBCT for the two Ngati Tama groups of equal standing to all other Ngati Tama groups of equal standing to all other seats” (28 Jan 2004)

5 weeks later.....Crown weakens its resolve◦ “The Crown cannot compel the PNBCT to agree

to guaranteeing full membership i ht ” (8 M h 2004)◦ rights” (8 March 2004)

CROWN AWARE OF RISKSCROWN AWARE OF RISKSCROWN AWARE OF RISKSCROWN AWARE OF RISKS

“There is a high likelihood that PNBCT’s mandate and/or the proposed settlement will be challenged by Ngati Tama individuals, either i th C t th T ib l”in the Courts or the Tribunal”

“The Crown will not be in a strong position to defend itself”. (MICOTOWN, 8 March 2004)

PNBC’S RESPONSE PNBC’S RESPONSE PNBC S RESPONSE PNBC S RESPONSE

“Unable to provide Ngati Tama a role as a Unable to provide Ngati Tama a role as a mandated representative...

Instead Ngati Tama can sit on a PNBC subcommittee...

Occasionally, there may be an opportunity to meet the full PNBC mandate team”meet the full PNBC mandate team .(2 July 2004)

NGATI TAMA REPLIESNGATI TAMA REPLIESNGATI TAMA REPLIESNGATI TAMA REPLIES

“The effect of being barred from participation The effect of being barred from participation on the mandate team is that we have not been included in its meetings and decision-making”

“We take very seriously the intransigent views of the PNBC mandate team; these views are not consistent with the advice officials provided us”(10 J l 2004)(10 July 2004)

PNBC ADVICE TO CROWN PNBC ADVICE TO CROWN PNBC ADVICE TO CROWN PNBC ADVICE TO CROWN

PNBC not prepared to fulfil the outstanding PNBC not prepared to fulfil the outstanding Crown conditions to Deed of Mandate regarding NT’s representation on PNBCTIt t f PNBCT b i ht It cannot confer PNBCT member rights on those not mandated through their process

Anyway, NT is adequately represented as 8 of y y, q y pthe 11 PNBCT members affiliate to NT (20 July 2004)

CROWN FAVOUR PNBCCROWN FAVOUR PNBCCROWN FAVOUR PNBCCROWN FAVOUR PNBC

“Ministers have not yet made a formal decision Ministers have not yet made a formal decision regarding the outstanding Ngati Tama representation issues”

“However, both Ministers have expressed sympathy with the PNBCT’s views on this matter” matter (MICOTOWN and MMA,20 July 2004)

MEETING WITH MINISTERMEETING WITH MINISTERMEETING WITH MINISTERMEETING WITH MINISTER

26 July 2004 two NT groups met with MICOTOWN to express concerns, supported by Ngati Toa & others

Landmark ministerial decision:◦ “To exclude from the PNBC

ti ti th hi t i l l i f negotiations the historical claims of those Ngati Tama people who did not consider themselves appropriately consider themselves appropriately represented by the PNBC”

NGATI TAMA RESPONSENGATI TAMA RESPONSENGATI TAMA RESPONSENGATI TAMA RESPONSE

Hold firm to our view that PNBCT is not Hold firm to our view that PNBCT is not representative of NT in Wellington

Accept that this agreement provides way p g p yforward for separate negotiations

Expect Crown to honour Minister’s intentions Noted that PNBCT Deed of Negotiation

addressed the issue of mandate for NT (26 July 2004)

TERMS OF NEGOTIATIONTERMS OF NEGOTIATIONTERMS OF NEGOTIATIONTERMS OF NEGOTIATION

Next day...Crown and PNBC agree to:◦ Affirm previous day’s undertakings ◦ Discuss with NT the extent to which their

claims will be covered by negotiations◦ Seek to involve NT in negotiations with the

Crown when those negotiations directly relate to those entities (27 July 2004)

N T l d Ngati Tama never consulted

MINISTER CONFIRMSMINISTER CONFIRMSMINISTER CONFIRMSMINISTER CONFIRMS

“I acknowledge that there are some Ngati Tama individuals who do not feel that they are represented by the PNBCT”

“Based on this and in an effort to move forward, I proposed at our meeting that those Ngati Tama individuals who do not consider Ngati Tama individuals who do not consider themselves to be represented by the PNBCT could have their claims excluded from PNBC could have their claims excluded from PNBC negotiations with the Crown”(19 August 2004)( g )

TRY AND RESOLVE ITTRY AND RESOLVE ITTRY AND RESOLVE ITTRY AND RESOLVE IT

Minister Wilson further advises (19 August 2004)

“preference for one set of negotiations, but if not resolved those Ngati Tama individuals who did not consider themselves to be represented by the PNBC team could then choose to have their historical claims excluded from the PNBC their historical claims excluded from the PNBC negotiations”

FACILITATIONFACILITATIONFACILITATIONFACILITATION

Independent facilitated claimant meetings & lawyers’ meetings

NT advises Crown that lawyers’ discussions not successful and asks that Minister’s undertaking to exclude Ngati Tama from PNBC negotiations be honoured (14 June 2005) be honoured (14 June 2005)

Crown acknowledges that NT had chosen to have their claims excluded from PNBC have their claims excluded from PNBC negotiations (2 September 2005)

PNBC SETTLEMENT PNBC SETTLEMENT PNBC SETTLEMENT PNBC SETTLEMENT Crown and PNBCT sign Agreement in Principle

(13 D b 2007) (13 December 2007) ◦ Reconciliation – apology, forgiveness◦ Cultural redress 17 properties transferred◦ Cultural redress – 17 properties transferred◦ Financial redress - $25m, Shelly Bay, right of

refusal (100 years) of Crown properties( y ) p p Deed of Settlement Legislation

DEED OF SETTLEMENT DEED OF SETTLEMENT DEED OF SETTLEMENT DEED OF SETTLEMENT All Ngati Tama persons fall within definition of T ki Wh i ki T U k T Ik l Taranaki Whanui ki Te Upoko o Te Ika unless they choose to have their historical claims settled by another group with a Crown settled by another group with a Crown recognised mandate. Should a settlement negotiated by that other group become unconditional, those persons will be excluded from the Taranaki Whanui definition in the Deed of Settlement, legislation definition in the Deed of Settlement, legislation & governance entity (Clause 8.2.3, DoS, 25 Aug 08)

POLITICAL LEADERSHIPPOLITICAL LEADERSHIPPOLITICAL LEADERSHIPPOLITICAL LEADERSHIP Early-mid 2008, Dr Michael Cullen brought a

sense of urgency to negotiate and settle claimssense of urgency to negotiate and settle claims Crown made a genuine attempt to negotiate a

way forward for NT with several options NT fail to reach agreement among themselves

and with the Crown:◦ Divided over settlement provisions ◦ Divided over settlement provisions ◦ Expectations unrealistic, inflexible,

and complicatedU bl k h f◦ Unable to keep to tight timeframe

NEW LEADER NEW LEADER NEW LEADER NEW LEADER

The intention given by former MICOTOWN, Hon Margaret Wilson, to negotiate with those NT who do not consider themselves

t d b PNBCT ill b ibl if represented by PNBCT will be possible if: 1. Two NT groups negotiate

d iunder one entity2. Reconfirm their Crown

d d approved mandate

WAY FORWARDWAY FORWARDWAY FORWARDWAY FORWARD

Crown recognised mandate almost achieved Next steps:◦ Enter direct negotiations with Crown◦ Confirm Agreement in Principle◦ Deed of Settlement drafted on confirmation

N d l◦ New governance entity created to receive settlement◦ Legislation to give effect to the settlement

OUTCOMESOUTCOMESOUTCOMESOUTCOMES

Re-established tribal organisational structure Recognised by the Crown, Iwi, and others Asserting Iwi identity, mana, tino rangatiratanga Providing an independent voice, and focus for

advancement of NT interests in Wellington Mutual co-existence and mutual co-operation Valuable insights into the workings of Govt. and

the wider state & private sector

LESSONS LEARNTLESSONS LEARNTLESSONS LEARNTLESSONS LEARNT Vision and singular focus on key issues Committed individuals & Iwi members Iwi support / Inter-iwi dynamics Crown policy/Govt. officials and key politicians