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Ngāti Koroki Kahukura

Ratification Information Booklet Published May 2011

Taumatawiwi Trust te taurapa o te ihingārangi, lake karāpiro COVER: maungatautari, karāpiro

Tihei Mauri Ora! Ngāti Koroki Kahukura, tēnā tātou katoa. Me wehi ki te Atua, nāna te tīmatanga me te He karanga tēnei ki a tātou katoa ki te aro ki te whakaotinga o ngā mea katoa. kaupapa whakahirahira nei, arā, ki te muru i ngā hara o te Karauna ki a tātou e pā ana ki te Tiriti o Waitangi. Me whakahōnore tō tātou Kīngi Tuheitia e noho mai rā i runga i te Ahurewa Tapu o ōna tūpuna. Pai mārire ki Ko te tūmanako, ahakoa ehara tēnei i te utu ōrite ki te Kāhui Ariki whānui tonu. te hara, mā te tono aroha o te Karauna, mā ngā hua i puta mai i ngā tautohetohe ki te whakatika i ngā hara, Ki a rātou, kua mene ki te pō, haere ki ō koutou mā te ngākau aroha hoki o Ngāti Koroki Kahukura, okiokinga, haere ki te moe tē whakaarahia. tātou katoa e anga whakamua. Ka piki whakarunga mātou ki ngā taumata o Heoi anō, hei te mutunga ka waiho mā ngā uri Maungatautari, ka titiro whakararo ki te awa tupuna o whakatipu o Ngāti Koroki Kahukura te whiriwhiringa e rere ana, ka karanga atu ki ō tātou marae o whakamutunga. Maungatautari, o Pōhara me te wero, “Ngāti Koroki Kahukura, kia niwha te ngākau ki te whakaū i te ora o te !”

Nā mātou nei, nā

Wally Papa Rahui Papa Karaitiana Tamatea Chair Trustee Trustee

Published May 2011 by Taumatawiwi Trust ©. All rights reserved. No parts of this publication may be reproduced in any form or means without the prior written permission of the Taumatawiwi Trust, PO Box 1522, Hamilton 3240. Design and Layout: Waikato Raupatu River Trust, Private Bag 3344, Hamilton 3204.

2 Ngāti Koroki Kahukura Ratification Information Booklet, May 2011. tihei mauri ora! mihi

Tihei Mauri Ora! Ngāti Koroki Kahukura, we greet you. We pay homage to God, who is the beginning and end of all things. This is a request to us all to consider this critical topic, the resolution of the We honour our King Tuheitia, upon the sacred throne of his ancestors and wish blessings upon the entire royal breaches of the Crown against us with family. respect to the Treaty of Waitangi. To those that have passed to the night, we farewell you Although the settlement does not match the breach we to your final resting place, to the sleep from which there hope that, within the Crown apology and the various is no awakening. components negotiated as settlement redress, coupled We ascend the peaks of Maungatautari and look to the with the grace of Ngāti Koroki Kahukura we will all be ancestral river, Waikato flowing below. We call to our able to progress forward. marae, Maungatautari and Pōhara with the challenge, However, ultimately, we leave the final choice for you, “Ngāti Koroki Kahukura, be resolute in ensuring the the descendants of Ngāti Koroki Kahukura. people prosper!”

Taumatawiwi Trust

3 summary deed of settlement

1. It has been less than a year since Taumatawiwi Trust received the mandate to negotiate and settle the outstanding non-Raupatu1 historical Treaty of Waitangi Claims against the Crown on behalf of Ngāti Koroki Kahukura. Since then the Trustees and Negotiation Team have been involved in intensive negotiations to complete a Deed of Settlement, which sets out the details of the redress to be provided by the Crown, and which will enable the settlement to take place once settlement legislation has been enacted by Parliament. 2. The next step is the ratification process for the Deed of Settlement and the Post Settlement Governance Entity. The ratification process is where Ngāti Koroki Kahukura decides whether or not to accept the settlement and the proposed post-settlement governance entity to receive and manage settlement assets for and on behalf of Ngāti Koroki Kahukura. In this case the ratification process is by voting through a postal ballot or internet voting. The ballot will also seek approval for the Taumatawiwi Trust to sign the Deed of Settlement on behalf of Ngāti Koroki Kahukura and amendments to the Trust Deed to reflect the changed purpose of the Trust. 3. From 24 May 2011 the full deed can be viewed on the Office of Treaty Settlements website at www.ots.govt.nz or on the Ngāti Koroki Kahukura/Taumatawiwi Trust website www.taumatawiiwii.co.nz/ratification. Copies are also available for viewing at Te Puni Kōkiri regional offices nationwide. A summary of the Deed of Settlement may be mailed out to whānau members and will also be available to be viewed at www.taumatawiiwii.co.nz/ratification and at Te Puni Kōkiri offices. Hard copies of the summary can be posted out upon request by ringing 0508 666 887 or +64 (0)3 377 3530, or by email on [email protected]. 4. If sufficient support is received from Ngāti Koroki Kahukura for the Deed of Settlement and the proposed Post- Settlement Governance Entity, the Deed of Settlement will be signed and the Government will then introduce legislation to enable the settlement to proceed. Once legislation has been passed, the redress will transfer to the Taumatawiwi Trust, the Post-Settlement Governance Entity. Transfer will occur on the settlement date, which is 20 working days after the legislation has been passed. 5. Details of how to vote are set out at paragraphs 34-43 of this booklet on pages 11 and 12.

1. The two contemporary marae of Ngāti Koroki Kahukura, Maungatautari and Pōhara are part of Waikato- Te Kauhanganui Incorporated and are part of the Waikato-Tainui Tribal Parliament. As such, our historical Raupatu (confiscation lands) Treaty of Waitangi claims against the Crown were settled in 1995 with the Waikato Raupatu Settlement Act 1995. 4 Ngāti Koroki Kahukura Ratification Information Booklet, May 2011. deed of settlement

CONTENTS OF THIS BOOKLET PAGES

A. Deed of Settlement ...... 5 B. Post-Settlement Governance Entity Proposal ...... 6 - 8 C. Analysis of Settlement ...... 9 - 10 D. Scope of Settlement ...... 10 E. ratification Process & Voting ...... 11 - 12 F. Next Steps ...... 13 Back Cover - Area of Interest Map

A. DEED OF SETTLEMENT

6. The Deed of Settlement details the redress that was outlined in the Crown Letter of Offer (the Agreement in Principle) received on 15 December 2010, and also includes additional redress negotiated since the Crown Letter of Offer. 7. Key components of the draft Deed of Settlement are: 7.1. Commercial redress; 7.2. Cultural redress (including Maungatautari mountain); 7.3. Arrangements in relation to the ; and 7.4. historical Account, Crown Acknowledgements and Apology. 8. From 24 May 2011 the full deed can be viewed on the Office of Treaty Settlements website at www.ots.govt.nz or on the Ngāti Koroki Kahukura/Taumatawiwi Trust website www.taumatawiiwii.co.nz/ratification. Copies are also available for viewing at Te Puni Kōkiri regional offices nationwide. A summary of the Deed of Settlement will also be available to be viewed at www.taumatawiiwii.co.nz/ratification and at Te Puni Kōkiri offices. Hard copies of the summary may be posted out and can be obtained upon request by ringing 0508 666 887 or +64 (0)3 377 3530, or by email on [email protected].

Taumatawiwi Trust

5 governance entity

B. POST-SETTLEMENT GOVERNANCE ENTITY PROPOSAL

9. A claimant definition for Ngāti Koroki Kahukura is included in the Deed of Settlement and sets out who may benefit from a Ngāti Koroki Kahukura settlement. 10. As noted previously, the Taumatawiwi Trust will be restructured. Prior to Taumatawiwi Trust being mandated the Trust included both Ngāti Koroki Kahukura and Ngāti Hauā. When mandate was achieved Ngāti Hauā withdrew from the Trust to pursue the settlement of their outstanding claims in their own way. The Trust Deed will need to be amended to reflect this and the changing purpose of the Trust from negotiating a settlement of outstanding Ngāti Koroki Kahukura Treaty of Waitangi historical claims to receiving and managing the settlement assets for and on behalf of Ngāti Koroki Kahukura. The Trust will also be restructured to ensure that it continues to be accountable to Ngāti Koroki Kahukura.

Claimant definition 11. Ngāti Koroki descends from Koroki mainly through Hape. Ngāti Kahukura descends from Kahukura. Although the two iwi traditionally held their own mana, at the Ngāti Koroki Kahukura Reunion in 1986, it was decided that the two amalgamate into one entity. Hapū of Ngāti Koroki Kahukura includes Ngāti Waihoro, Ngāti Hua, Ngāti Ueroa and Ngāti Hourua. Ngāti Koroki Kahukura has two contemporary marae, Maungatautari and Pōhara. 12. For the purposes of settlement, Ngāti Koroki Kahukura whānau members are the collective group composed of individuals descended from one or more of the Ngāti Koroki Kahukura tūpuna (ancestors) who exercised mana whakahaere or customary rights for and on behalf of Ngāti Koroki Kahukura particularly within, but not confined to the rohe or customary area of Ngāti Koroki Kahukura. This includes those who are legally adopted into or out of a family where a parent or ancestor is of Ngāti Koroki Kahukura descent. This also includes every person who is permanently part of a family where a parent or ancestor is of Ngāti Koroki Kahukura descent by virtue of that person’s whāngai or customary adoption according to the tikanga of Ngāti Koroki Kahukura.

6 Ngāti Koroki Kahukura Ratification Information Booklet, May 2011. proposal

Taumatawiwi Trust post settlement governance entity for Ngāti Koroki Kahukura

13. As mentioned above it is proposed that the in all cases, Representatives are to be Adult Taumatawiwi Trust becomes the post settlement Registered Whānau Members of Ngāti governance entity for Ngāti Koroki Kahukura. This Koroki Kahukura. Trustees serve a term of section explains the resulting changed purpose two years unless they resign, are removed, of the Taumatawiwi Trust and amendments made or die prior to the two year term expiring. to the Trust structure and Trust Deed. The Trust Trustee rotation is staggered so that two Deed can be viewed at www.taumatawiiwii.co.nz/ rotate off the Trust every year, though the two ratification. up for rotation can stand again for a Trustee 14. The purposes for which the Taumatawiwi Trust position. will now strive are, through its Representatives 16. Adult Registered Whānau Members are those (Trustees) to: who are Ngāti Koroki Kahukura whānau members, 14.1 receive and manage settlement assets who are at least 18 years of age, and who are received from settling non-Raupatu Treaty of registered on the Waikato-Tainui Te Kauhanganui Waitangi historical claims for and on behalf of Inc. Beneficiary Roll as a member of Pōhara or Ngāti Koroki Kahukura; Maungatautari Marae, and/or on the Ngāti Koroki 14.2 Do all other things for the general economic, Kahukura Trust Beneficiary Roll and/or on the environmental, social and cultural wellbeing Taumatawiwi Trust Whānau Member Roll. of Ngāti Koroki Kahukura; and 17. The Taumatawiwi Trust can only make decisions 14.3 hold the Trust Fund and administer the Trust in kanohi ki te kanohi hui (face to face meetings) Fund and the liabilities of the Taumatawiwi when at least one Ngāti Koroki Kahukura kaumātua Trust as trustees on behalf of all whānau (elder) is present and only with at least 75% of the members. Trustees in agreement. 15. Taumatawiwi Trust will be composed of four to six 18. All references to Ngāti Hauā and associated Ngāti Representatives (Trustees) elected as follows: Hauā marae have been removed from the Trust 15.1 Four Representatives elected by Adult Deed and the text amended accordingly to reflect registered Whānau Members at an Annual a focus on Ngāti Koroki Kahukura, Maungatautari Meeting of the Taumatawiwi Trust under the Marae and Pōhara Marae. terms of the Trust Deed; and 19. Trustees of Taumatawiwi Trust will be accountable 15.2 up to two Representatives appointed by to Ngāti Koroki Kahukura through whānau members the other four Taumatawiwi Trust approving Annual Reports of the previous year and representatives. also Annual Plans for the coming year. This enables the four elected Representatives

to select additional Representatives based on any skills they think are required for the Taumatawiwi Trust Trust to function effectively.

7 20. Whānau members can also remove Trustees by 22. Any other substantive changes to the Trust Deed following the process outlined in the Trust Deed. can only be made by Ngāti Koroki Kahukura This includes using a fair dispute resolution process through a postal vote by Adult Registered Whānau to attempt to resolve any issues and then a ‘whānau Members. All other matters relating to accountability, resolution’ is proposed for voting on as described in transparency, reporting, responsibility and good clause 12 of Schedule 3 of the Trust Deed. governance remain the same and are only amended There are other ways outlined in clause 4 of as required to suit the new purpose and focus Schedule 2 where a Trustee can be removed. This specifically on Ngāti Koroki Kahukura. process provides further accountability back to 23. Trustees are required to exercise a high standard of Ngāti Koroki Kahukura. care in delivering on their roles and responsibilities 21. A whānau resolution must follow a fair notification and, providing they act in accordance with the process and can only be put at a meeting of Trust Deed and their accountability back to Ngāti whānau members with at least 30 Adult Registered Koroki Kahukura, have wide ranging powers to do Whānau Members present, including at least one the things necessary to achieve the Taumatawiwi kaumātua. 75% majority of the Adult Registered Trust’s purposes. Whānau Members present is required for a whānau resolution to pass. Whānau resolutions are used to support or decline the Trustees undertaking any major transactions, the removal of Trustees and whether Taumatawiwi Trust should apply for charitable status.

8 Ngāti Koroki Kahukura Ratification Information Booklet, May 2011. analysis

Advantages of Settlement C. ANALYSIS OF SETTLEMENT 26. This settlement provides a degree of redress in the three key areas noted above and the advantages of 24. in seeking to settle outstanding non-raupatu the settlement include: historical Treaty of Waitangi claims, three key areas 26.1. Settlement redress is provided which is of focus for the Taumatawiwi Trust have been: outlined in the Deed of Settlement; 24.1. To protect and recognise the relationship that 26.2. Ngāti Koroki Kahukura gains the opportunity Ngāti Koroki Kahukura has with the maunga of a new relationship with the Crown, Crown tupuna, Maungatautari; agencies and local government Through this relationship, to effect the 26.3. Ngāti Koroki Kahukura will ; acquire the return of Maungatautari and the ongoing co- foundation for a new economic base; and governance of the maunga and to continue 26.4. The settlement is the best Ngāti Koroki to actively protect and restore the health and Kahukura will achieve under current or wellbeing of Maungatautari; foreseeable Crown Settlement policy. 24.2. The protection, recognition and restoration of the relationship of Ngāti Koroki Kahukura with Disadvantages of Settlement the awa tupuna, the Waikato River, and the 27. The disadvantage of the settlement is that it does ability for Ngāti Koroki Kahukura to restore not reflect or compensate for all the loss suffered by and protect the health and wellbeing of the Ngāti Koroki Kahukura. Waikato River in its area of interest. 24.3. The Crown recognition of Ngāti Koroki Kahukura within its area of interest so that Ngāti Koroki Kahukura is able to actively and productively exercise mana whakahaere in its area through a strengthened relationship with central, regional and local government. 25. in the opinion of the Trustees, this settlement represents the best settlement available to Ngāti Koroki Kahukura under current Crown settlement policy especially when considered in the context of part of the rohe (tribal region) claims of Ngāti Koroki Kahukura already being settled through Waikato- Tainui legislation.

Taumatawiwi Trust

9 scope

Alternatives to Settlement 28. if Ngāti Koroki Kahukura do not settle now, it is D. SCOPE OF SETTLEMENT likely that the redress in the Deed of Settlement will be lost, including the recognition of mana whenua 31. The Deed of Settlement will be a final settlement status. of all Ngāti Koroki Kahukura Historical Claims. 29. Despite the Crown’s current commitment to resolve Ngāti Koroki Kahukura Historical Claims means outstanding claims by 2014, there is no guarantee every claim made by Ngāti Koroki Kahukura or by a that Ngāti Koroki Kahukura would be accorded the representative entity of Ngāti Koroki Kahukura: same priority in future, particularly given the small 31.1. Where the claim arises as a result of Crown settlement area of Ngāti Koroki Kahukura relative to acts or omissions before 21 September 1992; other claims the Crown is seeking to settle. 31.2. Wherever the claim occurs, including any 30. The reality is that neighbouring iwi are negotiating claims relating to matters outside the Ngāti their own settlement of claims which may see Ngāti Koroki Kahukura Area of Interest; Koroki Kahukura disadvantaged by having claims 31.3. Whether or not the claim has arisen or been settled in conflict with the aspirations of Ngāti Koroki considered, researched, registered or notified; Kahukura in its area of interest. 31.4. Whenever the claim is made (either before, on or after settlement date); and 31.5. Including the Wai 1494 comprehensive Ngāti Koroki Kahukura Claim. 32. This will mean that Ngāti Koroki Kahukura or members of Ngāti Koroki Kahukura will not be able to make further claims to the Waitangi Tribunal or the Courts in respect of Ngāti Koroki Kahukura Historical Claims. 33. The settlement does not take away the rights of Ngāti Koroki Kahukura to make claims to the Waitangi Tribunal or the courts based on Crown actions or omissions since 21 September 1992, or affect the existence of aboriginal title or customary rights. It also does not remove the right of a member of Ngāti Koroki Kahukura to make a claim which is founded on a right arising as a result of being descended from an ancestor or hapū who is not a Ngāti Koroki Kahukura ancestor or hapū.

10 Ngāti Koroki Kahukura Ratification Information Booklet, May 2011. ratification/voting

39. A voting form accompanies this booklet. The E. rATIFICATION PROCESS voting form should be completed and returned by 5.00pm on 15 June 2011 in the stamped addressed envelope or otherwise posted to: 34. Ngāti Koroki Kahukura members are asked to vote The Returning Officer on four resolutions: electionz.com Ltd 34.1. To approve the Deed of Settlement (as PO Box 3138, Christchurch 8140 presented in the Ratification Information Or deposited in the ballot box at one of the Booklet and the subsequent Deed of information hui on page 12; Settlement Summary Booklet); Or by going to www.electionz.com/nkk and using 34.2. To approve Wally Papa, Rahui Papa and the unique code on the voting form to vote. Karaitiana Tamatea, as the trustees of the Taumatawiwi Trust, along with Taiapa Kara, The Returning Officer can be contacted about Taotao Tauroa, Hinerangi Kara and Steven voting enquiries on the free phone election helpline Wilson, signing the Deed of Settlement on 0508 666 887 or +64 (0)3 377 3530, or by email on behalf of Ngāti Koroki Kahukura [email protected]. 34.3. To approve the proposed amendments to the 40. Ngāti Koroki Kahukura members not already ; Taumatawiwi Trust Deed (as presented in the registered will, upon request, be provided with a Ratification Information Booklet); and Beneficiary Registration Form. Late registrations 34.4. To approve the Taumatawiwi Trust as the Post for voting by post will be accepted up to 13 June Settlement Governance Entity to receive and 2011. Late registrations for internet voting will be manage Treaty settlement assets on behalf of accepted up to 14 June 2011. Those members of Ngāti Koroki Kahukura. Ngāti Koroki Kahukura not yet registered should contact Hinerangi Kara on +64 (0) 21 0230 5069 or 35. ratification will be by way of postal ballot although [email protected]. voting forms will also be able to be put into a ballot box at each of the information hui on page 12. 41. information hui for the settlement of Ngāti Koroki Kahukura historical claims will begin on 23 May 36. Internet voting is also available at www.electionz. 2011. The purpose of these hui is to provide com/nkk using the unique code on the voting form. information about: 37. Voting will commence on 24 May 2011 and close at 41.1. The Deed of Settlement of Ngāti Koroki 5.00pm on 15 June 2011. Votes received no later Kahukura historical Tiriti/Treaty claims and than two business days after the closing date will the proposed restructure of the Taumatawiwi be valid if the envelope containing the voting form is Trust and Trust Deed amendment required to stamped on or before the date that voting closes. give effect to the settlement; and 38. To be entitled to vote you must: 41.2. How members/whānau can vote. 38.1. Be registered on the Waikato-Tainui Te Kauhanganui Incorporated Beneficiary Roll noting Pōhara Marae or Maungatautari Marae as your marae; and Taumatawiwi Trust 38.2. Be 18 years of age or older on 15 June 2011.

11 ratification/voting

42. Information Hui dates, times and venues are: Monday 23 May 2011 at 6.30pm Jet Park Airport Hotel & Conference Centre, 63 Westney Road, Mangere, Auckland. Sydney Tuesday 24 May 2011 at 6.30pm St George Migrant Centre, 552 Princes Highway, Rockdale, Sydney, Australia. Brisbane Wednesday 25 May 2011 at 6.30pm 1 Broadwalk Avenue, Meadowbrook, Logan City, Brisbane, Australia. Cambridge Sunday 29 May 2011 at 10.00am Maungatautari Marae, Hicks Rd, Cambridge. (Back up: Te Manawa o Matariki, Karāpiro Domain, 601 Maungatautari Rd, Cambridge). Sunday 29 May 2011 at 3.00pm Wairoa Marae, Wairoa Pā Road, Bethlehem, Tauranga. Wellington Wednesday 8 June 2011 at 6.30pm The West Plaza Hotel, 110/116 Wakefield Street, Te Aro Wellington. Cambridge Monday 13 June 2011 at 10.00am Pōhara Marae, 1038 Oreipunga Rd, Cambridge. (Back up: Maungatautari Marae, Hicks Road, Cambridge).

43. Taumatawiwi Trust has engaged electionz.com Ltd as the Independent Returning Officer. Once counting of the ballots has been completed, the results will be announced on the Taumatawiwi Trust website www.taumatawiiwii.co.nz.

12 Ngāti Koroki Kahukura Ratification Information Booklet, May 2011. next steps

45. The Trustees are working with the Crown so F. NEXT STEPS that, once the Deed of Settlement is signed, the Government will introduce settlement legislation to give effect to the settlement. The form of the Bill must 44. if the Deed of Settlement is ratified, the next step be agreed to by both the Crown and Ngāti Koroki will be that the Deed of Settlement will be formally Kahukura. The settlement date is twenty working signed by both the Crown and Ngāti Koroki Kahukura days after the legislation is passed, at which time at Pōhara Marae, 1038 Oreipunga Rd, Cambridge the redress set out in the Deed of Settlement will be at 10.00am on Saturday 18 June 2011 and all Ngāti transferred to the Taumatawiwi Trust or to Pootatau Koroki Kahukura are invited to attend. Te Wherowhero title as the case may be.

Invitation to Ngāti Koroki Kahukura hīkoi Ngāti Koroki Kahukura Trust and Taumatawiwi Trust invite whānau of Ngāti Koroki Kahukura to a hīkoi (journey) through Ngāti Koroki Kahukura rohe including Maungatautari, the Waikato River, sites that are being returned to Ngāti Koroki Kahukura and other wāhi tapu (sacred sites) and wāhi whakahirahira (sites of significance). The details of this hīkoi are still being finalised and will be updated on the website www.taumatawiiwii.co.nz. The tentative programme is: Date Event 9 June 2011 Welcome whānau back to Pōhara and Maungatautari 10 June Maungatautari Poukai 11 June Eel/Tuna wānanga (to be confirmed), Rāranga (weaving) wānanga 12 June Maungatautari Marae Strategic Plan hui, Maunga walk, Rāranga (weaving) wānanga 13 June 10.00am, final Ratification Hui at Pōhara Marae 14 June Tira Hoe – paddling from Waitētē Stream to Karāpiro 15 June Site visits to sites being returned 16 June Site visits to sites being returned 17 June Whakapapa (genealogy), whakawhanaungatanga (getting to know one another) 18 June Deed of Settlement signing at Pōhara Marae 19 June Pōhara Poukai

To discuss any of the information contained in this information booklet or if you require further information, in the first instance please contact: ATTN.: Ratification Taumatawiwi Trust PO Box 1522 Hamilton 3240 Taumatawiwi Trust Phone: +64 (0) 21 476645 Email: [email protected]

13 Ngāti Koroki Kahukura area of interest Note that the ‘area of interest’ is an area of interest agreed between the Crown and Ngāti Koroki Kahukura for the purposes of this settlement and is part of the traditional rohe (tribal region) of Ngāti Koroki Kahukura.