SPECIAL EDITION: JUNE 2018
Wai85 Pouākani Lands Claim
IN THIS ISSUE: p2 Message from Wairarapa Moana Incorporation Committee of Management p2 Why VOTE NO? p3 Timeline of Events p4 No Redress for Wairarapa Moana in Deed of Settlement p5 Deed of Settlement – What is in it? p6 Register with the Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Settlement Trust p7 Jane Hopkirk’s Understanding of the Wai85 Claim p8 Wai85 Hui p9 For ‘The Mailer’ – Nelson Rangi p10 Remembered but not Remedied p12 Q & A
June 2018
WAIRARAPA MOANA
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Message from Wairarapa Moana Incorporation Committee of Management This edition sets out everything you need to know about our Treaty of Waitangi claim Wai85 and the upcoming vote on the Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Deed of Settlement. There is a comprehensive analysis of the initialled Deed of Settlement included in this edition.
Is this a good deal? NO In this edition of the Wairarapa Moana Mailer you can also read the views of some of our shareholders on Wai85, their recollections of our claims, and what our people, many of whom have now passed on, sought to achieve when we started this journey over 35 years ago. The Committee of Management believe it is critical that Wairarapa Moana shareholders fully understand the consequences of the upcoming vote on the Deed of Settlement. If the Deed of Settlement is supported and ratified by Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua beneficiaries the Treaty of Waitangi breaches in Wai85 will be considered settled. This means Government will legislate to remove your right to go to the Waitangi Tribunal and Wairarapa Moana shareholders will receive no direct benefit from the settlement package. As shareholders in Wairarapa Moana Incorporation and beneficiaries of Ngāti Kahungunu ki Wairarapa Tāmaki Nui
ā Rua we will soon have a very important decision to make: to support; or not support the Deed of Settlement. The Committee of Management are asking you, in the interests of Wai85, to Vote NO for the Deed of Settlement. Given the significance of the upcoming ratification the Committee of Management are convening hui throughout the country for shareholders and whānau to be updated on our claim, and to be presented with our view on the Deed of Settlement. Most importantly, it will be an opportunity for you to ask questions, and to discuss this important kaupapa as Wairarapa Moana and Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua beneficiaries. Our application lodged in February 2017 to the Waitangi Tribunal for return of certain lands around the Maraetai Dam in the South Waikato has been granted an urgent hearing. We will keep you fully informed on progress with this application.
Nau mai, hāere mai.
Why the Committee of Management are asking shareholders and whānau who are also registered beneficiaries of Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua to VOTE NO for the Deed of Settlement: • This is not a good deal – there are plenty of examples where other iwi have done much better on fundamental areas such as community and cultural development, environmental restoration and Treaty Partnerships. The proposed Settlement is weak in these very important matters. If we agree to the Settlement we are agreeing to further Treaty headaches for future generations. • Shareholders have told the CoM repeatedly that you want separate and direct negotiation with the Crown for the settlement of our Treaty claim – the settlement does not provide this. • The Waitangi Tribunal Wairarapa ki Tararua Inquiry said owners (WMI shareholders) should be compensated in relation to the breaches associated with the Pouākani lands – the settlement does not provide this.
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• The Wai85 – Pouākani claim, in financial terms, is significant. • Any redress intended to settle Pouākani matters will be retained by NKKWTNAR on behalf of all Ngāti Kahungunu whānau of Wairarapa and the Tāmaki Nui ā Rua regions. The settlement will be of no direct benefit to WMI shareholders. • Providing redress relating to our specific Pouākani issues to a different group, rather than ourselves as WMI shareholders, is not appropriate and is inconsistent with both the Tribunal’s recommendations and the position expressed to date by WMI shareholders. Other parties will benefit from our historical losses.
TIMELINE OF EVENTS 1989
Wai85 – Wairarapa Moana claim lodged.
1994
Gathering of Historical Evidence for Tribunal Hearings begins.
2004 –2005
Waitangi Tribunal Hearings.
2010
Waitangi Tribunal Report released.
2010
Wairarapa Moana Incorporation shareholders at the Annual General Meeting (AGM) support the following resolution:
June
October
“The recommendations made by the Tribunal in respect of the Pouākani Block do not form part of the wider whānau/hapū /Iwi Wairarapa claim but are specific to the owners of the Incorporation and should be settled with the Crown separately by the Incorporation.”
2011
Wairarapa Moana Incorporation AGM, shareholders confirm mandate to negotiate Wai85 – Pouākani lands with the Wairarapa Moana Incorporation.
2012
Crown recognise Ngāti Kahungunu Ki Wairarapa Tāmaki Nui ā Rua Trust (NKKWTNAR Trust) Deed of Mandate to settle historical claims.
2013
Terms of Negotiation signed between NKKWTNAR Trust and the Crown.
November
October July
2015
Crown reminded that mandate to settle Wai85 – Pouākani lands rests with Wairarapa Moana Incorporation.
2016
Agreement in Principle signed between NKKWTNAR Trust and the Crown.
2016
Wairarapa Moana Incorporation AGM, shareholders confirm mandate to negotiate Wai85 – Pouākani lands rests with the Wairarapa Moana Incorporation.
2017
Wairarapa Moana Incorporation lodges application with Waitangi Tribunal for the return of certain lands around the Maraetai Dam, South Waikato.
2017
WMI convenes Wai85 hui in Masterton. WMI shareholders ask WMI and NKKWTNAR to work together. NKKWTNAR reneges on agreement to a joint approach to the Crown to try and resolve matters.
2017
WMI shareholders vote overwhelmingly to support CoM application to the Waitangi Tribunal.
2018
NKKWTNAR initial Deed of Settlement.
March
Special General Meeting held in March 2018, Mangakino. Shareholders vote again to support Waitangi Tribunal application
2018
Waitangi Tribunal grant Wairarapa Moana Incorporation an urgent remedies hearing.
May May
October
February August
December
March
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WAIRARAPA MOANA
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No Redress for Wairarapa Moana in Deed of Settlement It is always interesting to see the variety of clauses that come up in Crown-iwi agreements. Not every settlement is new or innovative. There are a lot of “insert name of iwi here” cookie-cutter type agreements. These agreements that look pretty much like any other. In other cases negotiations get right out of the box. WaikatoTainui, Tūwharetoa, Whanganui, Tūhoe and Te Arawa are all excellent examples. I’m struck by how good iwi-Crown negotiations create effective and powerful settlements. Since Wairarapa negotiations started in 2013 I have been holding my breath waiting to see what new and innovative solutions we would come up with – I shouldn’t have waited. I think we got the cookie-cutter version.
Awa Tupua. A $30M fund also supports projects that contribute to Te Awa. The Deed commits the Crown to a collaborative relationship with the river iwi with $1M provided to establish this relationship. • A total of $31M is provided to Ngāti Raukawa for river and lake co-management. In 2008 Ngāti Raukawa received $3M from the Crown to support their comanagement of the Waikato River. The Crown paid $7M in 2009 for a co-management framework for the upper Waikato River (including Lake Maraetai in Mangakino). Further annual payments of $1M are made by the Crown for 21 years.
So what’s missing?
• Te Arawa river iwi received $10M from the Crown in 2010 to support a Co-Management Framework for the Waikato River. A further $19M is to be paid in subsequent years.
1. We get Wairarapa Moana with no dedicated funding to fix it up.
Wairarapa Moana is our lake – we identify ourselves and our rohe by it. The lake is of national and international importance yet the nature and condition of our lakes has declined massively. The high nutrient and fertility levels in the water mean that the lake itself is supertrophic (almost dead). We ought to clean it up. That’s going to require money – lots of it. The proposed settlement establishes the Wairarapa Moana Statutory Board to act as a guardian of Wairarapa Moana and the Ruamahanga River. It is, however, an advisory body whose statutory role over the lake is to trade advice with the Department of Conservation and local authorities. The Board has no authority and no money for clean-up; it is both powerless and putea-less.
2. Wairarapa waterways are not recognised as significant.
• After negotiations between the Crown and WaikatoTainui in 2010, the Waikato River Authority was established. The Authority is empowered to create a vision and strategy document that overrides all national policy statements. The Authority acts as a trustee over a $210 million river clean-up fund. All resource decision-makers are required to give legal effect to the vision and strategy established by the Authority.
• The Crown acknowledges the statements by Ngāti Apa of their particular cultural, spiritual, historical, and traditional association with Lake Rotoiti, Nelson Lakes National Park and Lake Rotoroa.
• Raukawa Whakatupua, the 2014 Whanganui River settlement, provides for recognition of the Whanganui River, Te Awa Tupua, as an entity indivisible from the mountains and sea. The Crown will provide $4M to promote and protect the health and wellbeing of Te
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Waikato-Tainui and Whanganui iwi, Te Arawa, Tūwharetoa and Tūhoe have all been very successful in cementing the importance of their rivers, lakes, and forests. But they are not the only iwi to do so. I wonder why our rivers and lakes are not recognised. Are our waterways less important? Is our tradition and identity less important? Our lakes and rivers are not mentioned in any overlay classification, statutory acknowledgement, or deed of recognition within the proposed settlement. At the very least Wairarapa Moana and Ruamahanga River should be recognised.
• Ngāti Rangi are entitled to lodge a submission on any matter and be heard on any matter affecting the Whangaehu River arising under the Resource Management and Conservation Acts. • Ngāti Tamaoho (a hapū of Waikato-Tainui with a separate settlement) get statutory acknowledgement over the Awaroa River and its tributaries, the Mangatawhiri River and its tributaries, the Maramarua River and its tributaries, and the Whangamarino River.
3. There is no response to our challenges in health, education, and employment.
Mangakino 1951
• Taranaki Whanui ki Te Upoko o Te Ika is a settlement for the people whose t¯i puna signed the Port Nicholson Block Deed of Purchase in 1839. It’s not an iwi-based settlement but rather a collective that comprises people of Te Atiawa, Taranaki, Ngāti Ruanui, Ngāti Tama descent. Te Atiawa, Taranaki, Ngāti Ruanui, Ngāti Tama iwi each have their own separate Treaty settlements. The Taranaki Whanui settlement provides statutory acknowledgements over the Hutt River, Waiwhetu Stream, Wellington Harbour, and the Rimutaka Forest Park. They also have a deed of recognition that covers the Rimutaka Forest Park.
DEED OF SETTLEMENT
What is in it? The settlement comprises financial redress of $93 million (the quantum) – including 12,231ha of commercial redress land (paid for out of the quantum) and more than 7,000ha of cultural redress land (gifted on top of the quantum).
What is the point of settlement if there is no change in our communities? Settlements are about setting hapū, marae and whānau on a steady social footing. The proposed Deed has no ability to ensure that Crown policy, funding and services are responsive to our social needs. Nor is any funding provided.
The cultural redress land includes the return of the bed of Lake Wairarapa and surrounding reserves, the vesting and gift back of Castlepoint Scenic Reserve and the return of sites throughout the Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua rohe (this area does not include Pouākani).
• Te Hiku o te Ika signed a Social Development and Wellbeing Accord with the Crown to improve social circumstances amongst whānau, hapū, iwi and the wider community. An annual Taumata Rangatira hui will occur between Te Hiku iwi and the Minister of Social Development, Minister of Māori Affairs, Minister of Education, Minister of Productivity, Innovation and Enterprise, Minister of Police, Minister of Justice, Minister of Internal Affairs, Minister of Corrections, and Minister of Statistics. The Crown provided a contribution of $3.25M towards the implementation of the Accord.
The Deed of Settlement also includes the Crown’s acknowledgement of breaches of the Treaty of Waitangi towards Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua, and a Crown apology.
• Te Aute College is recognised as being of great importance to Heretaunga Tamatea. A contribution of $5M is made to support the long-term sustainability of the college and including relationship agreements between the Ministry of Education, Heretaunga Tamatea and the Te Aute Trust Board. • Heretaunga Tamatea also secured $3M to invest in marae and education initiatives as well as $2M as a habitat restoration fund. • The Crown made a cash payment to Ngāti Raukawa of $3M for the purchase of or improved access to sites of significance within their rohe. • Tūwharetoa got $2.7M for cultural development – including the development of a museum.
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The draft Deed of Settlement documents can be found on the Office of Treaty Settlements website: https://www.govt.nz/treaty-settlement-documents/ ngati-kahungunu-ki-wairarapa-tamaki-nui-a-rua/ The process to get to this Deed of Settlement is not one that Wairarapa Moana Incorporation has been involved in. We have been deliberately excluded by KKWTNR and the Crown. We’ve done our own analysis of whether Wai85 – Pouākani Treaty breaches are adequately addressed in the Deed of Settlement. Our view is overwhelmingly NO. We have also completed our own assessment of how well this Settlement offer compares with other Settlements. There are plenty of examples of better provisions in other Treaty Settlements.
Why are we being asked to accept something that is clearly “second best”? 5
WAIRARAPA MOANA
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4. We don’t talk to anyone in charge – Treaty settlements are about re-setting the Treaty relationship with the Crown. Our settlement ought to establish direct relationships with the Crown. Our Treaty relationship ought to be directly to the Crown through the Prime Minister and relevant Government ministers. The proposed Ngāti Kahungunu ki Wairarapa Tamaki Nui ā Rua Trust settlement fails to set any appropriate Treaty-based relationship for us with the Crown. • The Crown’s 2010 settlement with the Tūwharetoa Māori Trust Board enables the Board to enter into individual accords directly with 10 Crown Ministers (covering Fisheries, Conservation, Environment, Culture and Heritage, Local Government, Agriculture, Biosecurity, and Energy). • Ngāti Raukawa and the Crown will co-host an annual forum on the co-management of the Upper Waikato River. Representatives of the Crown will be the: Prime Minister; Minister in Charge of Treaty of Waitangi Negotiations; Minister for the Environment; Minister for Conservation; Minister of Local Government; Minister of Fisheries; and the Minister of Māori Affairs.
5. There are no new relationships with Regional or District Councils – The deed establishes Te Upoko Taiao as a permanent committee of the Greater Wellington Regional Council. Te Upoko Taiao, however, has been operating since 2009. The proposed Crown settlement simply confirms something that is already in place. Is there more we could do with the regional and district councils? How about co- or joint management? • Ngāti Whare have the right to joint management agreements with the regional councils over any function, power, or duty they exercise under the Resource Management Act that relates to the Rangitaiki River. • The Hawke’s Bay Regional Council provide a catchment fund dedicated to the land interests of MaungaharuruTangito hapū. The fund is used to mitigate soil erosion and protect the environment and is jointly managed by the regional council and Maungaharuru-Tangitū.
Our Treaty settlement is full and final; there will be no going back. It is vitally important that we get this right. Is this the best the Crown can do? No. Our proposed settlement offers significantly less than what many other iwi have obtained. Settlements need to be fair. Settling for less than anyone else is fundamentally unjust. The Crown should know better. We should know better too. We understand the Treaty is about an equal partnership between ourselves and the Crown. That is where our future lies. Instead, our settlement establishes no direct relationship with the Crown; no partnership, no collaboration, no connection. It is not enough to hand on the struggle for Treaty partnership to the next generation. Where other Treaty settlements have established iwi as partners with the Crown, our settlement has not. Our job is to create opportunities for the generations to come. On social and environmental matters and Treaty relationships I think our settlement can do much, much better – other iwi settlements have.
Article by Murray Hemi.
REGISTER NOW
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REGISTER WITH THE Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Settlement Trust We encourage all Wairarapa Moana shareholders and whānau to make sure you are registered with Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Settlement. If you do not register you cannot participate in the Vote No Campaign. For information on how to register go to www.kkwtnr.org.nz or call 0800 KKWTNR (0800 559 867) or email admin@kkwtnr.org.nz
Wairarapa Moana also has a registration helpdesk and is here to help you and your whānau to register with NKKWTNR. Contact us 0800 662 624 or 06 370 2608 or email info@wairarapamoana.org.nz
Jane Hopkirk’s understanding of the Wai85 claim I have been a regular attendee of the Wairarapa Moana Incorporation meetings since the age of 18 starting at the Oddfellows Hall in Greytown. I am now 60 and a shareholder in my own right. I have seen the farms come back to us (Wairarapa Moana Incorporation) from Māori Affairs, the return of the township with all its debt, the decision to lay a treaty claim, the treaty hearings, and now the repeated request of shareholders to settle our claim separately. I am Ngāti Kahungunu ki Wairarapa and a Wairarapa Moana Incorporation shareholder but believe the Wai85 claim must be heard separately. I was present when the then Wairarapa Moana Incorporation at Papawai Marae had its first discussions about the need to complete a claim to the Waitangi Tribunal recognising the losses Wairarapa Moana shareholders had experienced. We invited Sir Tipene O’Regan to come and share the journey Ngai Tahu were on, at the time, to have their claims presented. My mother Bethlyn Watters and my uncle Bonsall Budd were present along with many whānau members and many who have passed on, including my mother and her brother. I remember the debate we held at that time about the claims and what we should do moving ahead. The debate consisted of how to make claims and how many we should make. It was very clear that a claim for the taking of Lake Wairarapa was necessary. It was also decided it was imperative to make another claim, that of Wai85. This separate claim about the losses in Mangakino was discussed robustly. We as shareholders and whānau of Wairarapa agreed to and were absolutely committed to this claim. We agreed the grievances of Mangakino were different to those of the Wairarapa and needed addressing as such. They were seen as more recent. We were given land in Mangakino because Lake Wairarapa was taken away from us. We then moved to and started farming at Mangakino. This was then taken from us under the Public Works Act for the building of the dam and the township land was returned to us in debt and with houses on and therefore not able to be farmed, a much more profitable option. There have been questions about the acceptance and consultation with local Māori prior to being given Mangakino/Pouākani. In my family there have been stories handed down that Te Whatahoro Jury and Charles (Charlie) Jury, my great great uncles, went to Pouākani to talk to local
iwi about the ‘gift’ of their land the Crown was giving. I know they travelled up the Whanganui River and have a photo of Charlie in a bivouac, thought to have been taken on that trip. Te Whatahoro, by this time had battled the courts in Wellington trying to prevent the massive loss of land in the Wairarapa to settlers, had had to declare bankruptcy as he had used his own money for this. He also went on to be the scribe for the Māori Land Court up the Whanganui River and supported iwi there to lease land, to not sell it. He understood the importance of land. He grew up with his mother’s iwi living on the banks of Lake Wairarapa and knew the importance of land to Māori and would have understood the importance of land to local iwi in the Pouākani area. If there had been any rejection of this gifting of land by local iwi I believe Te Whatahoro would have returned to the Wairarapa and recommended not accepting the gift. I know my uncle Charlie stayed up in the area and ended up with a common-law wife. I know this was often custom to settle an agreement by giving of wives. I know and heard my mother, my uncle and many others at the time support this claim. We agreed as a whānau – Ngāti Kahungunu ki Wairarapa – that this claim needed to be addressed in and of itself and that the redress needed to come back to shareholders and to the community at Mangakino. I believe the settlement needs to be separate to the other Wairarapa claims and do not believe the Ngāti Kahungunu treaty board understands or has any commitment to redress specifically the losses we have faced in Mangakino. As shareholders we still believe we need to have this settled independently of the Wairarapa claims.
Māori communities need to be empowered to rebuild so that they can exercise authority over their affairs in place of that of the State. They must once again be in a position to exercise their own social control, so that they can look after their own, and save them from becoming criminals and drop-outs in an uncaring world. (Waitangi Tribunal, 2010b, p. v)
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WAIRARAPA MOANA
Wai85 Hui The Committee of Management look forward to seeing you at one of the regions listed. A presentation and discussion on progress of the Wai85 Pouākani lands claim and an update on WMI and Miraka will be provided to shareholders and whānau. To ensure we have adequate space available please contact the office 0800 662 624 or 06 370 2608 with numbers.
REGION
HUI DATE
VENUE
GISBORNE
Saturday 23rd June 10.00am – 1.00pm
Quality Hotel Emerald 13 Gladstone Road, Gisborne
HASTINGS
Sunday 24th June 10.00am – 1.00pm
Te Taiwhenua O Heretaunga 821 Orchard Road, Hastings
ROTORUA
Saturday 23rd June 10.00am – 1.00pm
Millennium Rotorua Cnr Eruera & Hinemaru Streets, Rotorua
AUCKLAND
Sunday 24th June 10.00am – 1.00pm
Waipuna Hotel & Conference Centre 58 Waipuna Rd, Mt Wellington, Auckland
WELLINGTON
Sunday 24th June 10.00am – 1.00pm
Quality Hotel Angus Inn Cnr Waterloo Road & Cornwall Street, Lower Hutt
WAIRARAPA
Saturday 30th June 10.00am – 1.00pm
Carterton Events Centre 50 Holloway Street, Carterton
CHRISTCHURCH
Sunday, 1st July 10.00am – 1.00pm
Copthorne Hotel Commodore 449 Memorial Ave, Burnside, Christchurch
Nau mai hāere mai.
Signing of the Wairarapa Moana to the Crown January 13, 1896 in front of Raukura’s whare, Papawai.
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mailer
Photograph by S P Andrew, Wellingto n
FOR “THE MAILER” The request to express my view of Wairarapa Moana Incorporation’s claim Wai85 is taken very seriously and weighs quite heavily on my shoulders. I am a supporter of WM’s strategy and progress for the future of Pouākani, but I have not taken any part in its Treaty claims. I also support the work of the Wairarapa Treaty claims group (KKWTNR) and offer my assistance if invited, in any way toward the establishment of a strong, vibrant and successful organisation for Kahungunu whānau, in spite of being actively discouraged from having anything to do with their claims process. My opinion then, is made on the basis of what is public knowledge only, and is not cluttered by the intimacy of active participation. In summary: 1. The decision by the Crown, through the Office of Treaty Settlements, to lump claim Wai85 with the claims relating to Wairarapa was ill-considered, careless, and contrary to sound judicial principles. 2. With claim Wai85 being foisted upon it, the KKWTNR negotiators had a duty of care to pursue all its claims with equal vigour. 3. Claim Wai85 has not been resolved and will remain so until a court directs that a binding determination is made.
4. Claim Wai85 relates to a Crown breach affecting land legitimately owned by a defined group of more than 3,000 people representing 30 plus identified hapū who whakapapa to Ngāti Kahungunu o Wairarapa. 5. The alleged breach has no connection with Wairarapa, notwithstanding that the owners were dispossessed from land in Wairarapa and transplanted to Pouākani. 6. I do not believe that the current action by WMI can be used as an excuse for the Crown to delay progression of settlement with KKWTNR 7. I do not believe that any redress to claim Wai85 will disadvantage the KKWTNR claims, as it deals with an unresolved matter. 8. I believe that the two parties, WMI and KKWTNR should set aside their differences and work together on claim Wai85, to achieve a satisfactory outcome for all. The adversary in this instance is the Crown, not each other. Ka ora i a koe, ka ora koe i au. Ki a koe tetehi kiwai, ki a au tetahi kiwai. Nelson Rangi WMI shareholder and Ngāti Kahungunu kaumātua
In 2010, when reporting on the Wairarapa claims, the Waitangi Tribunal specifically addressed the WMI claim (Wai85) and stated that the Crown should: • Compensate the Pouākani owners for the opportunity cost of the burden of the administration of the Mangakino leases for nil return for approximately 40 years.
Waitangi Tribunal findings – Wai85
• Reassess the compensation paid to the owners for the land taken for the Maraetai Dam in the light of new, Treaty-compliant criteria, including: – compensation for the unique qualities and hydro potential of the land; and – compensation for all ‘betterment’ effected by the hydro works. • Compensate the Wairarapa Māori owners of the land at Pouākani for the loss of productivity occasioned by the power line corridors.
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WAIRARAPA MOANA
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Remembered but not Remedied Our history recognised but not our future The Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Trust initialled the Deed of Settlement (iDOS) for our historical Treaty claims on 22 March 2018. The Trust’s objective in negotiating a settlement with the Crown was to “achieve the best settlement we can for all”. It doesn’t take much effort to see where the iDOS fails to meet that objective. The Deed does recognise the history of Pouākani. The Crown acknowledges that: “the provision of distant Pouākani land, instead of Wairarapa Moana reserves, led to the dislocation of some Ngāti Kahungunu whānau from their hapū and traditional homes” and that, “much of the Pouākani land required considerable investment to make it economically viable“1. It also acknowledges, “its failure to inform Ngāti Kahungunu owners and discuss the proposed taking of Pouākani lands for the Mangakino power scheme prior to the Crown’s entry onto that land and the construction of a number of structures on that land constituted a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles”2. Sadly while the Deed acknowledges this breach, it offers no apology and no specific redress, not even cultural redress. It seems Pouākani has a history but no future. This map defines the Area of Interest covered by the proposed Settlement.3 It is easy to see that Pouākani is not included. This Area of Interest is the area within which the Crown will build its future relationships with Kahungunu ki Wairarapa. These Crown relationships include the Department of Conservation, Ministry for the Environment, Ministry of Business, Innovation and Employment, Ministry of Primary Industry, Department of Internal Affairs, and Heritage NZ. By being excluded from 1 DEED OF SETTLEMENT OF HISTORICAL CLAIMS p.158 at www.govt.nz/ assets/Uploads/Ngati-Kahungunu-ki-Wairarapa-Tamaki-Nui-a-rua-Deed-ofSettlement-22-March-2018.pdf 2 DEED OF SETTLEMENT OF HISTORICAL CLAIMS p.159 at www.govt.nz/ assets/Uploads/Ngati-Kahungunu-ki-Wairarapa-Tamaki-Nui-a-rua-Deed-ofSettlement-22-March-2018.pdf 3 DEED OF SETTLEMENT SCHEDULE: ATTACHMENTS p.1 at www.govt.nz/assets/Uploads/Ngati-Kahungunu-ki-Wairarapa-Tamaki-Nui-arua-Deed-of-Settlement-Schedule-Attachments-22-March-2018.pdf
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NKKWTNAR Trustees initial the Deed of Settlement
the Area of Interest Pouākani will miss out on the following opportunities provided by the Settlement: • The Department of Conservation – harvesting of cultural materials, protection of wāhi tapu, native species and habitat enhancement or protection (including freshwater fisheries; pest control; training employment and contracting opportunities; hunting; concessions and commercial licensing. • Ministry for the Environment – the mana and kaitiaki role of the mana whenua hapū over their wāhi tapu; recognition of the cultural and traditional relationships over rivers and lakes [The Deed only mentions the rivers and tributaries of the Ruamahanga River, the Manawatu River, the East Coast Rivers, and Wairarapa Moana and Lake Onoke not the Waikato River and its tributaries or Lake Maraetai]; kaitiakitanga the right to maintain and control our environment according to environmental traditions, cultural values and beliefs; support for the purity, potency and integrity of the natural environment.
Robert (Kim) Workman The Wairarapa Moana Incorporation has shown leadership and courage in pursuing the Wai85 claim. Now that the Waitangi Tribunal has granted an urgent hearing, the Crown’s treatment of Pouākani may be remedied. If it hadn’t taken that action, the issue would have become a festering wound among the shareholders for generations to come. Kia maia, kia kaha, kia manawanui.
• Ministry of Business, Innovation and Employment – access protocols for Crown minerals; exclusion of land from a minerals programme, block offers, or exploration permits. • Ministry for Primary Industry – protecting the interests of primary industries by developing policies and operational processes over agriculture, forestry, and biosecurity practices. • The Department of Internal Affairs – access to information and archival records; relationships with New Zealand libraries and heritage organisations. • Heritage NZ – revitalisation and growth of te reo and our marae paepae. Where else does the future of Pouākani get forgotten? The Deed provides for: • a Kawenata Hou (a new Covenant) whereby 10 Crown agencies and Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua will work in partnership to develop and implement a social and economic revitalisation strategy. The Kawenata includes the Mid Central and the Wairarapa District Health Boards. The Lakes District Health Board (covering the Pouākani area) is not part of the Kawenata Hou; • representation on the Wellington and Horizons Regional Council committees as well as joint committees with the South Wairarapa District Council. The Taupo District Council or the Waikato Regional Council in the Pouākani area are not mentioned anywhere; • eleven statements of association, eleven statutory acknowledgements, and nine deeds of recognition over areas and sites of particular cultural, spiritual, historical, and traditional significance. No sites are identified in the Pouākani area; • ownership of all school properties is vested in the Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Trust. The Mangakino Area School is not included.
If the Settlement process is about reclaiming our history, our identity, and our rangatiratanga, the proposed Deed of Settlement does the opposite. Our history is marginalised. Our identity is ignored. Our rangatiratanga is excluded. Despite promises, the Deed offers nothing tangible to the Pouākani community. Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Trust aimed to achieve “the best settlement for all.” In the case of Pouākani claimants it can be said the Trust only achieved “the best settlement for some”.
Not Remedied part 2 ...
There are some significant deficiencies in the Deed in relation to Lake Wairarapa. The lake has long been in a lifeless supertrophic state as a direct result of Crown action and inaction. The Crown ought to be made accountable for cleaning it up. While the Deed establishes a Lake Statutory Board, it has no authority, no operational budget, and no commitment from the Crown. By comparison, the Te Arawa Lakes Settlement in 2006 was supported by memorandum of understanding with the Crown setting out their joint interests in improving the water quality through a Protection and Restoration Action Programme. In 2008 the Ministry for the Environment committed $72.1 million to the Programme as did the Regional and District Council. A total of $144.2 million available to the protection and restoration of the Te Arawa Lakes. In contrast, the Wairarapa Moana Statutory Board is to ‘seek sponsorship and funds from other sources for its activities.’ The only money provided by the Crown is $500,000 to the Wellington Regional Council as a ‘contribution to the costs of the preparation and public notification of the [Board’s] natural resource document.’
Article: Murray Hemi
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WAIRARAPA MOANA
mailer
If we Vote NO to the Deed of Settlement, aren’t we putting our settlement at risk? If the settlement is at risk, it is because NKKWTNAR did not secure the mandate of WMI shareholders, and consequently, has not addressed in the Deed of Settlement the significant issues raised by the Wai85 claim. A Vote NO, is telling the Crown and Ngāti Kahungunu ki Wairarapa Tāmaki Nui ā Rua Settlement Trust (NKKWTNAR) that the “settlement package” isn’t yet complete. We have highlighted the significant flaws in the proposed settlement in this Mailer. We are far better off taking our time to get this right – once the Deed is signed we have no return. Our biggest risk is that we get it wrong and are stuck with an incomplete settlement agreement for the rest of our lives and the lives of generations to come. The Crown are committed to settling all historical Treaty claims including those for the Wairarapa. A NO vote simply means we go back to the negotiation tables with the Crown.
NKKWTNAR claim that WMI have failed to participate in the settlement process NKKWTNAR have consistently ignored the interests of WMI – and it shows in the proposed Deed of Settlement. They continue to actively block any requests from us to the Crown for engagement and negotiation.
This is not a new issue, Wai85 was raised by our people during the Waitangi Tribunal hearings in 2004; it has been heard, discussed and addressed by Waitangi Tribunal members who went on to provide recommendations in favour of WMI shareholders in the 2010 Wairarapa ki Tararua Reports. We need to address and settle our grievances, if we do not, we could embed further grievances in the future. Te Miha Ua-Cookson
Doesn’t Wairarapa Moana Hapū Karanga represent Wairarapa Moana shareholders’ interests on the Trust? No, that hapū karanga does not represent WMI. We have always supported the inclusion of Wairarapa Moana hapū karanga representation as part of the historic events leading up to the gifting of Wairarapa Moana in 1896. These issues were raised by the Wai97 claim and do not form part of WMI interests. Wai85 concerns itself specifically with the land at Pouākani.
The Crown will not deal with separate claimant groups like Wairarapa Moana Incorporation? There are many examples of settlements where the Crown has deviated from its policy of only negotiating with large natural groupings. Pouākani, Ngai Tahu, Heretaunga Tamatea, are specific examples where the Crown has dealt with and settled issues separately. There are also substantial settlements reached outside the Crown’s treaty settlement policy in the case of Māori Reserved Lands and Māori Vested Lands which were subject to perpetual lease regimes similar to those imposed on the lands in Mangakino township. Our upcoming hui will be a further opportunity for shareholders and whānau to ask your own questions, and get answers from your Committee of Management.
rapa M a r i a W ting Contac
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If you have any questions please contact Charmaine Kawana, Ngaere Webb, Dallas Gillies or Henare Manaena at the Wairarapa Moana office in Masterton.
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Freepost 158415 PO Box 2019 Kuripuni Masterton 5842
Wairarapa Moana House 4 Park Avenue Masterton 5810
Ph: 06 370 2608 Fax: 06 370 2609
Freephone: 0800 662 624 Email: info@wairarapamoana.org.nz