Q&As

What is the process to get Deed of Mandate – What is the Crown’s involvement?

The Crown explains its policy procedures and guidelines to the group seeking mandate. The group then puts forward a mandate plan or strategy to the Crown for comment.

Will we get our land back? Kei te hokia mai a matou whenua?

Any land that has gone out of Crown ownership cannot be returned.
E kore tāea te whakahokia mai ngā whenua kāhore tonu i raro i te Karauna.

We cannot say with certainty what will come back. That will be for the Negotiators to discuss with the Crown under the guidance of Ngāpuhi.
E kore tāea te mea atu, he aha kei te hoki mai. Ko ēnā ngā korero mo ngā Kaitohetohe me te Karauna hei whiriwhiria i raro i te mana o Ngāpuhi.

We do know that Cultural redress makes provisions for the return of taonga but exactly what that will be is uncertain at this time.
Ko to mātou mōhio, i raro i ngā ture Cultural redress ka tāea pea te whakahokia mai ngā taonga, ēngari e kore tino mōhio he aha i tēnei wa.

Some land assets may be in Crown ownership, negotiating provides the opportunity to decide on those assets.
Ētahi whenua kei raro tonu i te Karauna, mā te tohetohe, ka whai huarahi hei whakahokia mai, hei ngaro rānei.

Land assets in private ownership are not able to be returned.
Āua whenua i raro i te tangata kōtahi, e kore tāea te whakahoki.

Are claimants required to give permission for their claims to be settled? E tika ana kia whakaetia nga kaitono, i mua i te taunga a ratou kereme?

The Crown policy is that it is not necessary for the group seeking mandate to obtain the full support of all Wai Claimants.
I raro i te ture o te Karauna, horekau take mo te Rōpū rapu mana ana, te whiwhi tautoko i ngā Kaikereme.

This reflects the distinction between the Tribunals statutory jurisdiction (which allows any individual Māori to make a claim) and the “large natural group” policy which seeks to identify support from across the group as a whole.
Koia nā te rereketanga o te Taraipiunara (e tāea te tangata Māori, ahakoa ko wai, te tuku kereme) me te Rōpū whānui e whai ana i te mana mo te katoa.

How do I participate in the process?

These negotiations are for all Ngapuhi. Whether or not individuals, whanau, hapu, or claimants, all are welcome to become involved and all will benefit.

All Ngapuhi will be able to participate in the process and to vote on mandate matters.

Attending hui or visiting the website and posting comments is a good start to participating in the Treaty Settlement process.

Te Runanga A Iwi O Ngapuhi – what is their role, where do they fit? Te Runanga A Iwi o Ngapuhi – He aha ta ratou turanga, pehea hoki ta ratou noho?

The Rūnanga is funding the process through the revenue from the commercial arm, Ngāpuhi Asset Holding Limited.

E tautoko pūtea ana te Rūnanga i raro i te wāhanga, Ngāpuhi Asset Holdings Limited.

At the 2008 AGM, those present instructed the Rūnanga to “get on and settle the claims”.
I te Hui, 2008 AGM ka mea te Iwi “mahia te mahi”

An interim committee investigated what this meant and looked at avenues where Ngāpuhi could settle grievances with the Crown and settle on behalf of all Ngāpuhi.
Mai taua Hui i whakatūria he Rōpū hei tirohia me pēhea e tūtuki ngā wawata me nga tūmanako o Ngāpuhi whānui.

The Rūnanga will not interfere with the claims process underway through the Waitangi Tribunal.
E kore te Rūnanga e takahia, e tapahia nga hui kei mua i te Taraipiunara.

What about the Waitangi Tribunal Hearing process? Pehea Te Taraipiunara o Waitangi Whakawa?

Tūhoronuku supports the early hearings on He Whakaputanga o te Rangatiratanga o Nū Tireni and Te Tiriti o Waitangi. With this support is an undertaking to respect the Ngāpuhi position to seek a Deed of Mandate at the conclusion of these hearings.
E tautoko ana Te Rōpū Tūhoronuku ki ngā hui o He Whakaputanga o te Rangatiratanga o Nū Tireni me Te Tiriti o Waitangi. Hei whakamanahia ia Ngāpuhi, ka waiho kia oti pai ngā hui nei, kātahi ano ka whai i te mana.

In deciding to favour entering direct negotiations, Tūhoronuku takes the view that the Waitangi Tribunal hearings process and the negotiations processes are able to co-exist.
Ahakoa ko te kaupapa o Tūhoronuku kia haere to tika ai ki te Karauna, e tāea te noho tahi ngā kaupapa e rua nei, ara te Taraipiunara me te totikatanga.

The first claim was a breach that occurred more than 75 years ago and because of the age of many Ngāpuhi Kaumātua and Kuia, in the view of Tūhoronuku, further delays are unacceptable for Ngāpuhi.
75 ngā tau ki mua i tuku te kereme tuatahi mo nga raru nei, kua kaumātua kuia katoa a Ngāpuhi, ka whakāro a Tūhoronuku me whakaotia ināianei tonu nei.

What are historical claims? He aha nga kereme tuturu?

Historical claims are claims to the Waitangi Tribunal that relate to grievances arising from Crown actions or omissions that occurred before 21 September 1992.
Ko ngā kereme tūtūru kei mua i te Taraipiunara, ko ngā kereme e pā ana ki ngā mahi kino o te Karauna i mahingia i mua mai i te 21 Hepeteme 1992.

What does the Crown consider when commenting on a Deed of Mandate strategy?

The Crown considers it has a limited role throughout this process, but the Crown does consider whether the process allows all members to have an opportunity to participate in the development of the mandate strategy.

What if a group withdraws from the Deed of Mandate?

It is the view of Tuhoronuku that there will be challenges to the Deed of Mandate process. Should a group withdraw their support for the Deed of Mandate, or specifically, withdraw their representative from the mandated entity, it must be the group that decides, not individuals. 

What is a mandate?

A mandate is the process by which an Iwi gives the authority to enter into discussions and agreements with the Crown on their behalf. In this instance, Tuhoronuku will be seeking the mandate of Ngapuhi to negotiate with the Crown.

It is noted that the Crown’s commitment to negotiating is conditional upon Tuhoronuku gaining a mandate from Ngapuhi – not just the claimant community. The Minister of Treaty Settlements has also advised in all likelihood there will only be one more settlement in the north.

Achieving mandate to negotiate is an important stage in the Treaty settlement process.

Mandate to negotiate only gives the mandated representatives the authority to negotiate a draft Deed of Settlement. Once Tuhoronuku have reached this stage, all members of Ngapuhi must be given the opportunity to vote on whether the draft Deed of Settlement is accepted or not.

Management and control over settlement assets is held by a post settlement governance entity. This means a particular legal entity is developed for this purpose. As with the final Deed of Settlement, the governance entity is subject to approval by Ngapuhi.

What is the proposed structure of the mandated entity?

The proposed structure of Te Rōpū o Tūhoronuku comprises:

• seven hapu representatives
• two Runanga representatives
• one Kaumatua
• one Kuia
• one Central West Auckland
• one South Auckland
• one South Island
• one Wellington

Each Hapu representative is appointed by Hapu Kaikorero who speak for their respective hapu. The Kaumatua and Kuia are appointed by Ngapuhi Kaumatua and Kuia. The Runanga representatives are appointed by the Runanga Board. The four rohe representatives will be elected by Ngāpuhi in the respective areas.

What is the role of the Office of Treaty Settlements and Te Puni Kokiri?

The Office of Treaty Settlements and Te Puni Kokiri assess the Deed of Mandate and provide advice to Ministers recommending that the Deed of Mandate be recongised or not.

The Deed of Mandate is assessed against three key policy criteria:

• The processes to ensure its accountability and the accountability of any Negotiators it may appoint, to the claimant community
• Has obtained the clear support of the claimant community it is representing through an open and transparent process
• Has defined the claimant community and the historical claims to be settled The Office of Treaty Settlements in consultation with Te Puni Kokiri also reviews any submissions received on the Deed of Mandate.

Where do the claims fit – are the claims settled in this process?

Both processes – Tribunal Hearings and negotiations are capable of working together, however, any benefits will be for Ngapuhi katoa, not individuals.

Who do Ngapuhi want to represent them in the negotiations?

Tuhoronuku have been told Hapu are to have the say. Hapu have been left to appoint their Hapu Kaikorero.

Who is seeking the Deed of Mandate?

It is proposed that Tuhoronuku be the mandated body and therefore responsible for the overall conduct of the negotiations.

At the conclusion of He Whakaputanga o te Rangatiratanga o Nu Tireni and Te Tiriti o Waitangi Hearings (early Waitangi Tribunal hearings) in October 2010, Te Roopu o Tuhoronuku (Tuhoronuku) will be seeking a Deed of Mandate from Ngapuhi to negotiate a settlement of Crown breaches against Te Tiriti o Waitangi on behalf of Ngapuhi.

Who notifies the Crown that Tuhoronuku has the mandate to negotiate?

Once Tuhoronuku completes the mandate voting process from Ngapuhi.  A Deed of Mandate will be submitted to the Crown. 

Who will appoint the Negotiators?

• The group who holds the Mandate appoints the Negotiators.
• Tuhoronuku, who will hold the Deed of Mandate, will appoint the Negotiators.
• Negotiators will be required to be committed to the negotiations process with significant time and skills.

Who will receive and manage the assets once Deed of Settlement has been ratified by Ngapuhi?

The entity that might hold assets on behalf of Ngapuhi is a discussion that is yet to be held. There is no fixed agreement or decision on this. It is not a given that it will be the Runanga or Tuhoronuku. That is for Ngapuhi katoa to decide at the time and may be a new entity altogether if that is what Ngapuhi want.

Why direct negotiations with the Crown now?

• They are the only ‘shop’ in town, there ‘is’ no one else to negotiate with.
• Preliminary discussions have shown that the Crown is committed to addressing the grievances of Ngapuhi and that those grievances and the resolution of them are long overdue. Tuhoronuku considers that for a number of reasons it is in the best interests of Ngapuhi to enter into direct negotiations as soon as possible.

Why Hapu Representation?

In both Road Show hui held in 2009, hapu said they wanted to lead the process. The proposed structure supports hapu representation.

To date, thirty Hapu Kaikorero have been put forward by their respective hapu and they will appoint the seven Hapu Representatives to Tuhoronuku.