Tmaki Collective Deed of Settlement PSGE Ratification Information

Tāmaki Collective Deed of Settlement & PSGE Ratification Information Hui 16 -20 July 2012 Page 1

Information Hui - Purpose Ø Discuss: v Crown’s Tāmaki Makaurau collective settlement offer v Proposed collective PSGEs Ø Facilitate questions and answers Ø Enable in-person voting Page 2

Information Hui - Housekeeping Ø Voting & iwi/hapū registration Ø Crown observers Ø Media presence Ø Post hui completion - kai & iwi PSGE hui Ø OSH Page 3

Information Hui – Presentation Scope I. Introduction and background II. Crown Treaty redress offer III. Collective Post Settlement Governance Entities IV. Next Steps V. Ratification process VI. Question and answer session Page 4

THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL I. INTRODUCTION & BACKGROUND Page 5

Crown Treaty Negotiations Pre 2009 Old Crown approach – one tribe negotiation New Crown approach Regional negotiations 2009 Sir Douglas Graham Report Ngā Mana Whenua o Tāmaki Makaurau (Tāmaki Collective) Page 6

Tāmaki Makaurau Historical Treaty Claims Ø 13 iwi/hapū with historical Treaty claims in Tāmaki Makaurau Ø Parallel and separate Treaty negotiations: v Iwi/hapū specific v Collective (shared interests) Ø Collective settlement part of overall redress for each tribe Page 7

Tāmaki Collective – Settlement Structure 13 Iwi/Hapū 3 Rōpū Tāmaki Collective Page 8

Tāmaki Collective – The 13 Tribes Ngāi Tai ki Tāmaki Ngāti Maru Ngāti Pāoa Ngāti Tamaoho Ngāti Tamaterā Ngāti Te Ata Ngāti Whanaunga Ngāti Whātua o Kaipara Ngāti Whātua Ōrākei Te Ākitai Waiohua Te Kawerau ā Maki Te Patukiri Te Rūnanga o Ngāti Whātua Page 9

Tāmaki Collective – The Rōpū Marutūāhu Rōpū Ngāti Maru, Ngāti Pāoa, Ngāti Tamaterā, Ngāti Whanaunga & Te Patukiri Ngāti Whātua Rōpū Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei & Te Rūnanga o Ngāti Whātua Waiohua Tāmaki Rōpū Ngāi Tai ki Tāmaki, Ngāti Tamaoho, Ngāti Te Ata, Te Ākitai Waiohua & Te Kawerau ā Maki Page 10

Collective Negotiation Milestones FEB 2010 TĀMAKI COLLECTIVE FRAMEWORK AGREEMENT SIGNED NOV 2011 TĀMAKI COLLECTIVE RECORD OF AGREEMENT SIGNED JUNE 2012 TĀMAKI COLLECTIVE DEED OF SETTLEMENT INITIALLED Page 11

THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL II. CROWN TREATY REDRESS OFFER Page 12

Status of Crown Redress Offer CULTURAL COMMERCIAL HARBOURS Page 13

Cultural Redress “to have taonga returned and protected under the kaitiakitanga of Ngā Mana Whenua o Tāmaki Makaurau who will have a direct partnership with their governance and management” Page 14

Cultural Redress - Summary Ø Maunga redress Ø Motu redress Ø Customary name changes Page 15

Maunga Redress Page 16

Maunga Vestings – The Super 14 Matukutūruru Maungakiekie / One Tree Hill Maungarei / Mount Wellington Maungauika Maungawhau / Mount Eden Mount Albert Mount Roskill Mount St John Ōhinerau / Mount Hobson Ōhuiarangi / Pigeon Mountain Ōtāhuhu / Mount Richmond Rarotonga / Mount Smart Takarunga / Mount Victoria Te Tātua a Riukiuta ~ 215 hectares Page 17

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Maunga – Iwi/Hapū Recognition For each maunga, each iwi/hapū can: v Have their tribal name recorded on the computer freehold register to recognise customary interests v Record a tribal statement of customary association in the Collective Deed of Settlement v Undertake authorised cultural activities Page 19

Maunga – Authorised Cultural Activities Events that celebrate the iwi /hapū Events that celebrate the history of Aotearoa, Waitangi Day, Matariki Events that celebrate the ancestral Instructional/educational hīkoi association/mana of Ngā Mana Whenua o Tāmaki Makaurau Events that celebrate the maunga and volcanic activity Wānanga, hui, pōwhiri Pou/flags Additional activities where approved by the Maunga Authority Page 20

Maunga – Building Ownership ØMaungauika – Summit Barracks, Stone Kitchen & Water Tank ØŌhinerau – Mt Hobson Flats & Out Building ØMatukutūruru – Rumney Cottage Page 21

Maunga – Co-Governance ØTūpuna Maunga o Tāmaki Makaurau Authority ØMana whenua will: v Have 6 of the 12 seats (2 seats per rōpū) v Chair the Statutory Authority ØStatutory Authority governs decision-making and management of the maunga Page 22

Maunga – Co-Governance ØStatutory Authority has delegations to make decisions otherwise made by Minister of Conservation ØAn integrated management plan will be prepared for the maunga Page 23

Maunga – Separate Regimes ØMaungauika (ongoing Do. C role) ØMaungakiekie ‘Northern Area’ (co-governance) ØRarotonga (ownership) ØMount Mangere (co-governance) Page 24

Motu Redress Page 25

Motu – Permanent Vesting Areas Ø Rangitoto tihi – Ngā Pona Toru a Peretū (55. 4 ha) Ø Rangitoto – Bach 80 (. 5 ha) Ø Rangitoto – Islington Bay Hall (. 4 ha) Page 26

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Motu – Permanent Vesting Areas IWI/HAPŪ RECOGNITION Ø For each permanent vesting area, each iwi/hapū can: v Have their tribal name recorded on the computer freehold register to recognise customary interests v Record a tribal statement of customary association in the Collective Deed of Settlement Page 28

Motu – Permanent Vesting Areas BUILDING OWNERSHIP Ø Bach 80 - Islington Bay v Bach ownership v Right to construct spiritual/cultural wānanga centre Ø Islington Bay Hall - rights to: v Use existing hall v Erect permanent symbolic structures v Place temporary / moveable structures Page 29

Motu – Vestings and Vestings Back Ø Motuihe / Motutapu / Rangitoto / Tiritiri Matangi Ø One year period for vestings to occur (following settlement legislation enactment) Ø One month ownership period before vesting back to Crown Page 30

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Motu – Vestings and Vestings Back IWI/HAPŪ RECOGNITION Ø Each iwi/hapū can have recorded in the Gazette & NZ Herald: v. Their tribal name for each of the four motu to recognise customary interests v. Their ownership of the four motu Ø Each iwi/hapū has the right to seek redress on Crown-owned motu Page 32

Other Co-governance Arrangements Ø Relationship Agreement with Minister and Department of Conservation - collective and iwi/hapū relationships Ø Joint role with Auckland Conservation Board in development/decision-making on conservation management plan for Rangitoto, Motutapu, Motukorea and Motuihe Ø 3 seats on Auckland conservation Board (1 per Rōpū) Page 33

Customary Name Changes Page 34

Customary Name Changes EXISTING GEOGRAPHIC NAMES ALTERED OFFICIAL GEOGRAPHIC NAMES Big King Te Tātua-a-Riukiuta Mount Hobson Ōhinerau / Mount Hobson Red Hill Pukekiwiriki Ellets Mountain Maungatake Mount Richmond Ōtāhuhu / Mount Richmond Taylor Hill Taurere / Taylor Hill Hamlin Hill Mutukaroa / Hamlin Hill Mount Smart Rarotonga / Mount Smart The Domain Pukekawa Hauraki Gulf / Tīkapa Moana Mount Victoria Takarunga / Mount Victoria Wiri Mountain Matukutūruru Mc. Laughlins Mountain Matukutūreia / Mc. Laughlins Mountain Mount Wellington Maungarei / Mount Wellington Motuihe Island / Te Motu-a-Ihenga One Tree Hill Maungakiekie / One Tree Hill Maungauika Mount Eden Maungawhau / Mount Eden Pigeon Mountain Ōhuiarangi / Pigeon Mountain Puke o Tara ASSIGNED OFFICIAL NAMES Page 35

Commercial Redress “the right to purchase surplus Crown land in Auckland for 172 years through a Right of First Refusal regime” Page 36

RIGHT OF FIRST REFUSAL AREA Page 37

RIGHT OF FIRST REFUSAL Ø Exclusive right for 172 years to purchase Auckland that is surplus: v Crown land v Specified Crown Entity land Ø The RFR will not encompass any land included in an iwi/hapū historical Treaty settlement Ø Second right to purchase – where iwi/hapū do not ultimately purchase deferred selection properties in their settlements Page 38

RIGHT OF FIRST REFUSAL Page 39

THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL III. COLLECTIVE POST SETTLEMENT GOVERNANCE ENTITIES Page 40

PSGEs - Background Ø Before Treaty settlement assets can be transferred, a Crown approved legal structure must be in place to receive them Ø Key design factors for the collective PSGEs: v 13 tribes v Diverse whakapapa/waka etc (3 rōpū) v Large geographical area v Diverse cultural & commercial redress Ø Independent expert advice obtained to select best types of PSGEs Page 41

PSGEs – Key Crown Requirements Ø Adequately represents and is fully accountable to all members Ø Transparent decision-making procedures Ø Ensures the ‘beneficiaries’ of the settlement and the ‘beneficiaries’ of the governance entity are identical Page 42

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PSGEs – Collective & Iwi/Hapū Structure Ø Tūpuna Taonga o Tāmaki Makaurau Trust – proposed cultural redress PSGE for the 13 iwi/hapū Ø Whenua Haumi Roroa o Tāmaki Makaurau Limited Partnership – proposed commercial redress PSGE for the 13 iwi/hapū Page 44

PSGEs – Collective & Iwi/Hapū Structure Ø Rōpū entities – 3 limited partnerships and the bridge between the Collective PSGEs and iwi/hapū PSGEs Ø Tribal PSGEs – can invest in RFR properties directly / via their Rōpū entity Page 45

PSGEs – Nature of Entities Ø Cultural PSGE: v. Private trust v. Commonly used legal entity - can sit alongside subsidiary trusts or companies v. A limited liability company will assist the work of the Trust (Tūpuna Taonga o Tāmaki Makaurau Trust Limited) Page 46

PSGEs – Nature of Entities Ø Commercial PSGE: v. Limited partnership v. Akin to company (recognised in legislation), but allows for ultimate commercial structuring at iwi/hapū level v. A limited liability company will assist the work of the limited partnership (Whenua Haumi Roroa o Tāmaki Makaurau General Partner Limited) Page 47

Cultural PSGE Structure PURPOSE *Manages cultural redress on behalf of iwi/hapū *Facilitates appointment of 6 Maunga Authority members (2 per rōpū) & nomination of 3 Conservation Board members (1 per rōpū) STRUCTURE *Trust + trustee company *Appointment of equal number of directors by each rōpū entity (2 each) ACCOUNTABILIT Y *Controlled by and accountable to 3 rōpū entities which are in turn controlled by the iwi/hapū PSGEs *Annual Statement of Intent Page 48

Commercial PSGE Structure PURPOSE *Manages commercial redress on behalf of iwi/hapū *Facilitates operation of RFR regime at collective level (over $5 M) and the per rōpū carousel (under $5 M) STRUCTURE ACCOUNTABILIT Y *Limited partnership + general partner company *Appointment of equal number of directors by each rōpū entity (2 each) *Controlled by and accountable to 3 rōpū entities which are in turn controlled by the iwi/hapū PSGEs *Annual Statement of Intent Page 49

THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL IV. NEXT STEPS Page 50

NEXT STEPS ØComplete part-progressed parts of collective Deed: v. Surveys (maunga & motu) v. Leases for existing 3 rd party interests ØMaunga Authority implementation: v. Standing orders v. Annual operation plan ØWaitematā and Manukau negotiations to follow Page 51

THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL V. RATIFICATION PROCESS Page 52

Ratification Process Ø Voting period: 2 July to 10 August 2012 Ø Ratification Information Hui: 16 to 20 July 2012 Ø If sufficient support for collective settlement and PSGEs, the collective Deed will be signed and the legislative process undertaken Page 53

THE TĀMAKI COLLECTIVE DEED OF SETTLEMENT & PSGE PROPOSAL VI. QUESTION AND ANSWER SESSION Page 54