Hapu Kaikorero Elections & Appointment Process
There were Hapū Kaikōrero elections last year, why is there another round now?
- This is to give those hapū who were not ready last year the opportunity to participate. Some hapū have indicated that they wish to come on board and this second round of elections provides that opportunity.
What is the role of a Hapū Kaikōrero?
- The role of the Hapū Kaikōrero is to be the communications conduit between their respective hapū, negotiators and the Tūhoronuku IMA and with the support of their respective hapū, to develop their hapū negotiation profiles.
What is the difference between a Hapū Kaikōrero and a Tūhoronuku IMA Trustee?
- The main difference between the two is that the Hapū Kaikōrero deal with hapū issues and are responsible to their hapū whereas the Tūhoronuku IMA Trustees are responsible to all Ngāpuhi.
What support do Hapū Kaikōrero get from the Tūhoronuku IMA?
- The Tūhoronuku IMA provides Hapū Kaikōrero with the administrative and resource support to prepare for and to participate in the negotiations process.
Who is eligible to nominate?
- To participate you need to be Ngāpuhi, 18 years and over.
How can I nominate a Hapū Kaikōrero?
- As with all Tūhoronuku voting processes, there are strict eligibility criteria for nominators. To nominate, you need to complete and return the appropriate nomination form.
- To nominate a Hapū Kaikōrero, you must confirm that the nominee does whakapapa to the hapū calling for nominations.
How long do I have?
- The Independent Returning Officer issued a Public Notice on Saturday 31 May 2015 calling for nominations. The closing date for nominations is 19 June 2015.
- If a hapū has more than one nomination an election hui is required. Should this be the case, the Independent Returning Officer will issue a Public Notice advising of the hui.
- At the end of the voting period, the Independent Returning Officer will issue a Public Notice announcing the successful elected representatives. It is envisaged that the process will take approximately 2 months.
Can I vote for more than one hapū?
- The nomination and election process is designed to encourage participation. If you belong to more than one hapū and those hapū are having elections, you are entitled to one vote in each hapū election for one Hapū Kaikōrero.
How do I vote?
- To vote you need to be Ngāpuhi, 18 years and over. Voting can be done in one of three ways - in person by attending an election hui and voting by paper ballot, or online or by postal vote. All voting papers can be requested and received via the Independent Returning Officer on 0508 666 886, or on www.electionz.com or email email@example.com.
Where do I send my vote?
- If you do not attend any of the hui or you do not have access to voting online, then you can send your postal vote to the Independent Returning Officer;
Independent Returning Officer (IRO) – Tūhoronuku IMA
PO Box 3138
Who can I choose?
- If you meet the voting criteria, you can vote for anyone who has been confirmed by the Independent Returning Officer.
Who confirms receipt of nominations?
- The confirmation of receipt of nominations is notified to the Candidate by the Independent Returning Officer.
Who do I contact for more information?
- Nomination papers and registration forms are available from the Independent Returning Officer by phoning the Election Helpline 0508 666 886 or emailing firstname.lastname@example.org, or can be downloaded from www.electionz.com.
Election Helpline: 0508 666 886 email@example.com
- Additional information about Tūhoronuku IMA, the election process, and the Ngāpuhi Treaty settlement negotiations is set out in the Tūhoronuku Deed of Mandate Addendum 2013, available from the websites; www.electionz.com and www.tuhoronuku.com
FAQs - Updated January 2015
What is the purpose of the Ngāpuhi Treaty settlement?
- The Ngāpuhi settlement, when complete, will provide an enduring resolution - on behalf of all Ngāpuhi, hapū and whānau - of all Crown Te Tiriti o Waitangi breaches against Ngāpuhi and all Ngāpuhi historical claims.
Why is the process happening at this time?
- Breaches occurred almost immediately after the Treaty was signed in 1840. The first claim occurred more than 75 years ago, and because of the age of many Ngāpuhi Kaumātua and Kuia, further delays were deemed unacceptable.
- In 2008 those present at the AGM of Te Rūnanga-a-iwi o Ngāpuhi (the Rūnanga) clearly instructed the Rūnanga Board to get on with a Treaty settlement for all of Ngāpuhi.
- The time was right to develop a parallel process as the claimant community work through the Waitangi Tribunal hearings known as Te Paparahi o te Raki had begun, but principally the impoverishment experienced by whānau galvanised the Rūnanga leadership to make a start on the journey to settlement.
What was the role of the Rūnanga?
- The purpose of the Rūnanga, according to the Trust Deed, is to receive, hold, manage and administer funds for charitable purposes benefiting Ngāpuhi.
- The Rūnanga holds and maintains a substantial register of Ngāpuhi - with more than 50,000 registrations processed and maintained.
- It is important to remember that Ngāpuhi whānau do not have to be registered with the Rūnanga to participate in the settlement process.
- The Rūnanga under-wrote the settlement process through revenue from its commercial arm, Ngāpuhi Asset Holding Company, in the initial years. This funding has largely been reimbursed by the Crown and the Crown Forestry Rental Trust.
- Te Rōpū o Tūhoronuku was an independent committee of the Rūnanga and has now been replaced by Tūhoronuku Independent Mandated Authority (Tūhoronuku IMA) – an entity in its own right.
2. THE STRUCTURE
What is the Tūhoronuku IMA?
- The Tūhoronuku IMA is the mandated entity for all Ngāpuhi, no matter where they live. In September 2011, Ngāpuhi voted overwhelmingly (76% of those who voted) to give their mandate to Te Rōpū o Tūhoronuku.
- On 14 February 2014, the mandate Ngāpuhi gave Tūhoronuku was officially recognised by the Minister of Māori Affairs and the Minister of Treaty of Waitangi Negotiations.
- The purpose of the Tūhoronuku IMA is to negotiate a settlement of all Te Tiriti o Waitangi grievances and breaches by the Crown against Ngāpuhi.
- The number of representatives on the Tūhoronuku IMA has increased, with hapū representatives having the majority voice – 15 of the 22 representatives.
- New elections were held for the 22 Tūhoronuku IMA representatives from March to July 2014.
- The Tūhoronuku IMA is legally independent from Te Rūnanga Ā Iwi O Ngāpuhi.
What is the Tūhoronuku IMA’s purpose?
- According to the Tūhoronuku IMA Trust Deed the purpose is to negotiate a settlement of all Te Tiriti o Waitangi grievances and breaches by the Crown against Ngāpuhi.
What are the principles of the Tūhoronuku IMA?
Be accountable to Ngāpuhi and be guided by:
- The Articles of Te Tiriti o Waitangi 1840
- Ahi kā
- Exercise its power in the spirit of consultation with, and empowerment of Ngāpuhi.
- Make decisions consistent with Ngāpuhi tikanga.
Who are the Tūhoronuku IMA Trustees and how were they appointed?
- In a step unique in Māoridom, a new election round was held between mandate recognition and the beginning of settlement negotiations.
- This allowed Ngāpuhi a fresh opportunity to elect the people they believe have the best skill sets to guide Ngāpuhi through this most momentous time in the modern day history of our iwi.
- The new complement of 22 trustees is a very strong grouping, representing not just the hapū of Ngāpuhi - who with 15 representatives have the majority voice - but Kaumātua and Kuia, the Rūnanga and four representatives of the 80 percent of Ngāpuhi who live outside of Te Whare Tapu o Ngāpuhi.
- In terms of experience, cultural and professional skills, there is a wide representation. Business executives, lawyers, a local government administrator, farmers, a student, young, old, an almost equal mix of women and men – with most living in our rohe.
- All have strong governance experience, on marae, hapū, iwi, community, corporate or national organisations. They are:
Hapū Kaikōrero Representatives
Whangarei ki Mangakahia
Te Rūnanga Ā Iwi O Ngāpuhi Representative
Hōne Sadler - South Auckland
- Kaumātua/Kuia were elected by Ngāpuhi Kaumātua Kuia. The Rūnanga representative was appointed by the Rūnanga Board of Trustees. The four rohe representatives were elected by Ngāpuhi in their respective areas. The 15 Hapū representatives were elected by a hui of mandated Hapū Kaikōrero.
- The election was conducted by independent company electionz, which has a 13-year track record of successfully delivering more than 1,800 elections, and processing more than 25 million postal or online votes.
3. THE PROCESS
What was the Crown’s Treaty settlement process for Ngāpuhi?
It is a phased process, including:
Pre-Deed of Mandate phase 2009 - 2011
- Talking with Ngāpuhi whānau and hapū about whether they want to settle with the Crown and who should represent them.
- Getting feedback from the people. Due to Ngāpuhi’s size, this meant meeting with whānau and hapū throughout Aotearoa – and Australia – discussing and gauging support, or not, to seek a mandate from Ngāpuhi to negotiate a comprehensive settlement.
Seeking Deed of Mandate 2011 – 2014
- The Minister of Māori Affairs and Minister for Treaty of Waitangi Negotiations endorsed the Tūhoronuku Deed of Mandate Strategy in January 2011, calling it “sound” and “in line with Crown criteria for a robust and transparent mandating process”.
- In September 2011, Ngāpuhi overwhelmingly (76.4% of those who voted) gave their mandate to Tūhoronuku to represent them in negotiations.
- In February 2014, following structural changes to the Deed of Mandate to include more hapū representation, the Crown recognised the Tūhoronuku IMA mandate.
- Some conditions must be maintained to ensure the mandate continues to receive Crown recognition. These include engaging and communicating regularly with hapū.
Signing Terms of Negotiation 2015
- Negotiations with the Crown are expected to commence early 2015.
Agreement in Principle
- Agreement is reached on what redress might look like in social, cultural and economic terms.
Draft Deed of Settlement
- A draft settlement will be taken out to the people to decide whether they wish to approve (ratify) it or not.
What is a Deed of Mandate?
- A mandate is the process by which an iwi gives an entity the authority to enter into negotiations and agreements with the Crown on their behalf. For Ngāpuhi, the Tūhoronuku IMA is that entity
- Mandate to negotiate gives the Tūhoronuku IMA the authority to negotiate a draft Deed of Settlement. Once the Tūhoronuku IMA has reached this stage, all members of Ngāpuhi must be given the opportunity to vote on whether the draft Deed of Settlement is accepted or not.
- The Tūhoronuku IMA will not be the Post Settlement Governance Entity (PSGE), the entity to receive and manage settlement assets. A particular legal entity is developed for this purpose.
4. PARTICIPATING IN THE PROCESS
How can Ngāpuhi participate in the process?
- This process is for all Ngāpuhi. Whether individuals, whānau, hapū, or claimants, all are welcome to become involved and all will benefit over time, no matter where we live.
- All Ngāpuhi 18 and over will be able to vote on matters.
- Attending hui or visiting www.tuhoronuku.com is a good start to participating.
What if a group withdraws from the Deed of Mandate?
- The Deed of Mandate makes provision for this.
- Should a group withdraw their support, the process will proceed without them. What is important is that they, along with all Ngāpuhi, benefit from a final settlement.
- Should an individual Trustee withdraw from the mandated entity, a re-election for that representative member will be held.
How are the Negotiators selected?
- Ngāpuhi Negotiators will be appointed by a panel consisting of the Tūhoronuku IMA Trustees and a panel of independent experts. The Deed of Mandate makes provision for a minimum of three and no more than six negotiator positions.
- Negotiator positions have been widely advertised and open to all suitably qualified candidates. Expressions of interest were sought in September 2014 through www.tuhoronuku.com
5. NGĀPUHI AND THE WAITANGI TRIBUNAL HEARINGS
The Waitangi Tribunal claims process
- The stage one inquiry began in 2010 and concluded in February 2011. The focus was on Māori and Crown understanding of the Declaration and the Treaty. The stage two hearings process is underway and is focused on major nineteenth and twentieth century breaches. Stage two is timetabled to end November 2016.
- The Te Paparahi o Te Raki (Northland) regional Inquiry is largely funded by the Crown Forestry Rental Trust which was established to fund Treaty of Waitangi land claimants to present claims to the Tribunal and negotiate the settlement of these claims. The Trust has had a funding commitment in the north since 2002.
- The Waitangi Tribunal held a five-day hearing in December 2014 concerning the Crown's recognition of the Tūhoronuku Deed of Mandate - with the following outcomes:
- Ngāpuhi want a single settlement (including opposing hapū).
- Hapū need more information about the amended Tūhoronuku model, giving hapū the majority vote.
- Tūhoronuku will continue to engage with hapū.
Where do Claimants and Claimant Collectives fit in the process?
- The total number of Waitangi Tribunal claims in the rohe stands at 390. The Crown will not settle individually with Claimants or with individual hapū. The Crown policy is to settle with large natural groupings.
- Individual claimants have the choice of joining this process or proceeding on their own through the Waitangi Tribunal process. However, a comprehensive Ngāpuhi settlement will be for all Ngāpuhi, whether they are going through the Waitangi Tribunal process or not.
- Once settlement is achieved and legislated all historical claims will be extinguished.
- See Appendix One for a settlement progress map.
What are historical claims?
- Historical claims are claims filed with the Waitangi Tribunal that relate to grievances arising from Crown actions or omissions that occurred before 21 September 1992.
Are Claimants required to give permission for their claims to be settled?
- Crown policy is that it is not necessary for the group seeking mandate to obtain the full support of all Claimants. This reflects the distinction between the Tribunal’s statutory jurisdiction (which allows any individual Māori to make a claim) and the Crown’s “large natural group” policy which seeks to settle with the group as a whole and for the benefit of the wider collective.
- To register a claim with the Waitangi Tribunal, there is no requirement to consult or seek a mandate.
- To enter negotiations, the Crown process requires the group entering negotiations to secure a mandate from a large natural grouping.
6. WHAT SETTLEMENT MEANS FOR NGĀPUHI
What would be returned to Ngāpuhi as a result of the settlement process?
- After negotiations with the Crown, the Negotiators will come back to the people to make the final decision on what is returned.
Will we get our land back?
- Any land that has gone out of Crown ownership into private ownership cannot be returned. There is no certainty what will come back. That will be for the Negotiators to discuss with the Crown under the guidance of Ngāpuhi. Cultural redress will make provisions for the return of taonga but exactly what, is uncertain. Some land assets may be in Crown ownership, which could be negotiated as part of the settlement.
- Ngāpuhi may wish to buy back land held in private ownership after settlement has occurred.
How have other iwi benefited from settlement?
- Iwi such as Tainui, Ngai Tahu, Ngāti Porou and Tuhoe are now major forces in their regional economies. They have significant interests in property, retail, tourism, forestry, fishing and farming and other investments. Most important, they are creating jobs for their people and their regions.
- Having a growing influence in local government is often quoted as a major downstream benefit of settlement.
- Other benefits range from cultural and language revitalisation, marae restoration, matched savings schemes, education scholarships, health centres and much more.
7. HAPŪ FOCUSED
Can Hapū appoint their own mandated Hapū Kaikōrero in accordance with their processes?
- Yes. Those hapū that put Hapū Kaikōrero in place will continue to have that person as their Hapū Kaikōrero unless they choose to replace them. Any hapū that is not currently represented in the Tūhoronuku process can request in writing to the Tūhoronuku IMA Board indicating their wish to do so. This is detailed in the Deed of Mandate Addendum Document.
How do the Mandated Hapū Kaikōrero inform Ngāpuhi hapū?
Tūhoronuku inform Ngāpuhi and hapū through their respective Hapū Kaikōrero through a regular series of hui including:
- Six monthly hui with all
- Quarterly hui within the four urban areas
- Quarterly regional hui
- Quarterly Kaumātua and Kuia hui
- Regular pānui circulated to keep all Ngāpuhi and Hapū informed.
What has the Tūhoronuku IMA done to address concerns of opposing hapū?
- Over the past seven years the Tūhoronuku IMA - and its predecessors - have consulted with Ngāpuhi throughout Te Tai Tokerau, Auckland, the rest of Aotearoa and parts of Australia on the make-up of a structure to represent them.
- Over 100 hui have been held, along with the largest integrated communications campaign in the history of Iwi Māori.
- Te Kotahitanga o Ngā Hapū representatives attended and addressed each hui. There have been numerous facilitations throughout the period, with hapū influencing significant structural changes in the Deed of Mandate.
- A Crown memorandum to the Waitangi Tribunal on 26 June 2013 said: “In the Crown’s view, significant compromises have been made and the amendments to the Deed of Mandate process to date strike a fair balance between the concerns of Tūhoronuku and Te Kotahitanga, whilst maintaining the integrity of the Deed of Mandate voted upon by Ngāpuhi.”
- The Tūhoronuku IMA will continue to attempt to facilitate agreement with the leadership of the opposing twelve hapū, who believe they are eligible for their own settlement but have not produced a plan to progress mandate, do not have any operational transparency and do not report back to the people.
8. A SNAPSHOT OF NGĀPUHI TODAY
According to the 2013 Census, Ngāpuhi:
- is by far the largest iwi, with 125,600 members in Aotearoa
- 20% live in Te Tai Tokerau
- most live in urban areas: with 57% in greater Auckland, Waikato and Bay of Plenty, 6% in Wellington and 8% in the South Island
- sizable numbers now live in Australia
- is a young iwi (Generation Y) with an average age of 22.4 years (the average age for Maori is 23.9 and for New Zealand 38)
- 67.5% have internet access
- 3.3% have no telecommunication systems