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Ngati Paoa Mandate Strategy

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Ngati Paoa Mandate Strategy NGĀTI PĀOA MANDATE STRATEGY March 2011 TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................... 3 1.1 Purpose of this Strategy .................................................................................. 3 1.2 Statement of Intent .......................................................................................... 3 2.0 BACKGROUND ....................................................................................................... 4 2.1 Ngāti Pāoa .......................................................................................................... 4 2.2 Claimant Definition ........................................................................................... 5 2.3 Rohe – Area of Interest ................................................................................... 6 2.4 Ngāti Pāoa WAI Claims .................................................................................... 6 3.0 MANDATED BODY ................................................................................................. 8 3.1 The Ngāti Pāoa Trust ....................................................................................... 8 3.2 Replacement and removal of Trustees from the Ngāti Pāoa Trust ........... 9 3.3 Role of the mandated body ............................................................................. 9 3.4 Meeting of the Ngāti Paoa Mandated Negotiators ..................................... 10 3.5 Operations ........................................................................................................ 10 3.6 Decision Making, Accountability and Reporting ......................................... 12 4.0 MANDATING PROCESS ...................................................................................... 13 4.1 Mandating Approach ...................................................................................... 13 4.2 Mandating Process .......................................................................................... 13 4.3 Mandating Hui ................................................................................................. 14 4.4 Standardised Presentation ............................................................................. 14 4.5 Voting on Resolutions & Eligibility ................................................................ 15 4.6 Public Notice and Advertising ....................................................................... 15 4.7 Process of Debate and Discussion on Resolution ...................................... 15 4.8 Voting on Resolutions and Eligibility ............................................................ 15 4.9 Record Keeping ............................................................................................... 16 4.10 Attendance Registrar.................................................................................... 16 4.11 Communication with OTS and TPK ............................................................ 16 4.12 Mandate Outcome ........................................................................................ 16 5.0 THE DEED OF MANDATE ................................................................................... 16 2 1.0 INTRODUCTION 1.1 Purpose of this Strategy The purpose of this strategy is primarily to outline the process to be undertaken by the Ngāti Paoa Trust, to obtain a mandate from the people of Ngāti Pāoa. The mandate will be to enter into negotiations with the Crown regarding the comprehensive settlement of Ngāti Pāoa historical Treaty of Waitangi claims. Secondly this strategy will outline the process by which the Ngāti Pāoa Trust will select and appoint negotiators to act on behalf of the Board in these negotiations. The mandate is to be achieved through a fair, open and robust process, and that is recognised by Ngāti Pāoa and the Crown. This strategy is not for the purposes of describing specific details, part or full of the claim, nor of the settlement to be sought, as these are significant matters to be further discussed, negotiated and communicated directly between Ngāti Pāoa and the Crown through its negotiators. The contents of this strategy are without prejudice, and should in no way disadvantage or jeopardise any claimant group nor be used as a reference for the process of negotiations or settlement. That is the right of each claimant group at the appropriate time, to disclose such information to the Crown themselves. 1.2 Statement of Intent The intent of this strategy is to achieve a mandate that provides for the co-ordinated and collaborative approach of Ngāti Pāoa to settlement discussions with the Crown. Specifically, the intention is to seek a mandate that authorises the Ngāti Pāoa Trust to enter into negotiations with the Crown, on behalf of Ngāti Pāoa regarding the settlement of the Ngāti Pāoa historical Treaty claims. Such a mandate will be subject to the structure and accountabilities as outlined later in this document. The Ngāti Pāoa Trust will be undertaking hui a iwi at three locations and times during March 2011. Information on the mandate and voting process will be communicated at the hui a iwi. Ngāti Pāoa people will vote on the following resolution by show of hands. These hui will be facilitated by an independent person contracted for the purpose of providing objectivity to the process. Resolutions: “That the Ngāti Pāoa Trust Board be the mandated authority of Ngāti Pāoa in negotiations with the Crown regarding the comprehensive settlement of Ngāti Pāoa historical Treaty claims” Following the endorsement of this mandated authority the Ngāti Pāoa Trust will convene a further hui a iwi to enable Ngāti Pāoa people to nominate and elect the two mandated negotiators to represent Ngāti Pāoa people in negotiations with the Crown. 3 2.0 BACKGROUND 2.1 Ngāti Pāoa The ancestor Pāoa came from the central Waikato region and was a younger brother of the well-known Mahuta. He had a number of children by his first wife Tauhākari, but eventually left his home near Taupiri and moved to Hauraki. At Hauraki Pāoa married Tukutuku a granddaughter of Tamaterā, and they had two sons. Hence, over the years, Ngāti Pāoa have enjoyed relationships with both the Waikato and Hauraki peoples.1 Through Hauraki tribal connections the Ngāti Pāoa exercised exclusive and shared rangatiratanga over a substantial corridor of land and coastal margins, from Matakana and Katikati in the Tauranga Moana region to Matakana (near Liegh) in the north. Through Waikato tribal connections Ngāti Pāoa exclusive and shared rangatiratanga from Te Hoe-o-Tainui westward to the Waikato river, Ngati Koura daughter of Pāoa to the south, northward to the Manukau harbour Tipa son of Pāoa to the west and into Tamaki Makaurau. Ngāti Pāoa also settled on a number of Hauraki islands including Waiheke. Until European contact, Ngāti Pāoa occupied most of the land from the Thames estuary, the Hūnua Ranges, east Tāmaki, Waiheke Island and the coast northward to Whangaparāoa. Subsequent history was not kind to Ngāti Pāoa. Having once occupied some of the most strategic land holdings in the Auckland, northern and eastern Waikato and western Hauraki regions, Ngāti Pāoa were forced to seek refuge amongst kinsmen in the Waikato hinterland following the invasion by northern tribes in 1821. This warfare, combined with successive waves of epidemics and the land confiscations of the 1860s, conspired to seriously deplete the tribes influence over its former estate. Proximity to the European settlement in Auckland during the 1850s initially gave the tribe a commercial advantage in trade; however, this same proximity brought the tribe under enormous pressure to sell land. Consequently, by 1900, the tribe had been significantly impoverished. However, Ngāti Pāoa began to rally themselves to assert their existence as an independent iwi. Various Waitangi Tribunal cases in the early 1980’s marked the beginning of a lengthy struggle to reassert the mana of the iwi throughout its historical domain. In this respect, the tribe owes a substantial debt to the labours of a committed few, under the guidance of kaumatua Te Kaaho Andrews and kuia Hera Kahi, who were pillars of support in the rebuilding process. The tribe also acknowledges the selfless sacrifices of a handful of dedicated people including Hariata Gordon and Andy Andrews. Following a landmark Maori Land Court hearing in 1994 and at the direction of the Maori Land Court Ngāti Pāoa did significant work on creating a single governing entity that would represent the interests of Ngāti Pāoa. That entity “The Ngāti Pāoa 1 Te Ahukaramū Charles Royal. 'Marutūahu tribes - Ngāti Maru and Ngāti Pāoa', Te Ara - the Encyclopedia of New Zealand, updated 4-Mar-09. URL: http://www.TeAra.govt.nz/en/marutuahu-tribes/3 4 Trust” was established in 2004 and the inaugural trustees were elected by postal ballot in November 2004. The Ngāti Pāoa Trust received recognition by the Maori Land Court as the single governance representative entity for the Iwi of Ngāti Pāoa in 2009. This mandate strategy outline the process by which the Ngāti Pāoa Trust proposes to seek and secure mandate from its people to enter into and complete negotiations with the Crown regarding the comprehensive settlement of Ngāti Pāoa historic Treaty claims. 2.2 Claimant Definition The claimant group includes all individuals and whānau of Ngāti Pāoa that trace descent from their tūpuna Pāoa. Ngāti Pāoa acknowledge strong historical connections through whakapapa to
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