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1. Pare Hauraki Collective Redress Deed (Signing Version)

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1. Pare Hauraki Collective Redress Deed (Signing Version) HAKO and NGĀI TAI KI TĀMAKI and NGĀTI HEI and NGĀTI MARU and NGĀTI PAOA and NGĀTI POROU KI HAURAKI and NGĀTI PŪKENGA and NGĀTI RĀHIRI TUMUTUMU and NGĀTI TAMATERĀ and NGĀTI TARA TOKANUI and NGAATI WHANAUNGA and TE PATUKIRIKIRI and THE CROWN _____________________________________________________ PARE HAURAKI COLLECTIVE REDRESS DEED _____________________________________________________ 2 August 2018 PARE HAURAKI COLLECTIVE REDRESS DEED PURPOSE OF THIS DEED This deed relates to the 12 Iwi of Hauraki, being – Hako; Ngāi Tai ki Tāmaki; Ngāti Hei; Ngāti Maru; Ngāti Paoa; Ngāti Porou ki Hauraki; Ngāti Pūkenga; Ngāti Rāhiri Tumutumu; Ngāti Tamaterā; Ngāti Tara Tokanui; Ngaati Whanaunga; and Te Patukirikiri. This deed – specifies the collective Treaty redress in respect of the shared interests of the Iwi of Hauraki for their historical claims; and provides for other relevant matters; and is conditional upon the Pare Hauraki collective redress legislation coming into force. Each Iwi of Hauraki will also receive iwi-specific Treaty redress in a deed of settlement of its historical claims with the Crown. PARE HAURAKI COLLECTIVE REDRESS DEED TABLE OF CONTENTS 1 BACKGROUND ................................................................................................... 1 2 IMPLEMENTATION AND EFFECT ON VARIOUS STATUTES ........................... 5 3 PARE HAURAKI COLLECTIVE CULTURAL ENTITY ......................................... 7 4 STATEMENT OF PARE HAURAKI WORLD VIEW AND PROGRAMME FOR A CULTURE OF NATURAL RESOURCE PARTNERSHIP ......................... 9 5 CULTURAL REDRESS: WAIHOU, PIAKO, COROMANDEL CATCHMENT CO-GOVERNANCE REGIME ............................................................................ 14 6 CULTURAL REDRESS: UPPER MANGATANGI AND MANGATAWHIRI CATCHMENT CO-GOVERNANCE .................................................................... 37 7 CULTURAL REDRESS: MANGATANGI STREAM, MANGATAWHIRI RIVER AND WHANGAMARINO WETLAND CATCHMENTS WITHIN THE WAIKATO RIVER AUTHORITY BOUNDARIES ................................................ 55 8 CULTURAL REDRESS: MOEHAU AND TE AROHA ....................................... 70 9 CULTURAL REDRESS: PARE HAURAKI CONSERVATION FRAMEWORK ................................................................................................... 88 10 CULTURAL REDRESS: KAIMAI-MAMAKU RANGE STATUTORY ACKNOWLEDGEMENT .................................................................................. 108 11 CULTURAL REDRESS: TE REO REVITALISATION ..................................... 109 12 CULTURAL REDRESS: MINISTRY FOR PRIMARY INDUSTRIES FISHERIES AND RECOGNITION REDRESS.................................................. 111 13 CULTURAL REDRESS: OFFICIAL GEOGRAPHIC NAMES ......................... 113 14 CULTURAL REDRESS EXCLUSIVITY ........................................................... 116 15 CULTURAL REDRESS: LETTER OF INTRODUCTION ................................. 117 16 COMMERCIAL REDRESS: PROPERTIES .................................................... 118 17 COMMERCIAL REDRESS: MINERALS ......................................................... 134 18 PARE HAURAKI COLLECTIVE REDRESS LEGISLATION, PARE HAURAKI COLLECTIVE ENTITIES, CONDITIONS, AND TERMINATION ................................................................................................ 137 19 ACCESSION .................................................................................................... 140 20 EFFECT OF THIS DEED ................................................................................. 142 21 TĪKAPA MOANA – TE TAI TAMAHINE / TE TAI TAMAWAHINE ................... 143 22 TAURANGA MOANA ...................................................................................... 145 23 GENERAL, DEFINITIONS, AND INTERPRETATION ...................................... 147 PARE HAURAKI COLLECTIVE REDRESS DEED SCHEDULES GENERAL MATTERS 1. Tax 2. Notice 3. Miscellaneous 4. Defined terms 5. Interpretation PROPERTY REDRESS 1. Disclosure information and warranty 2. Vesting of cultural redress properties 3. Early release commercial redress properties 4. Commercial redress properties 5. Licensed land 6. Deferred selection properties 7. Deferred purchase 8. Early release commercial redress properties 9. Terms of transfer 10. Notice in relation to properties 11. Definitions DOCUMENTS 1. Kaimai-Mamaku Range statement of association 2. Minerals relationship agreement 3. Deed of covenant 4. Fisheries RFR deed over quota 5 Overseas investment applications letter of introduction 6. Encumbrance for tupuna maunga 7. Encumbrances for licensed land 8. Encumbrances for deferred selection properties 9. Deed of accession 10. Land exchange agreement 11. Memorandum of understanding ATTACHMENTS 1. Pare Hauraki redress area map 2. Deed plans 3. Iwi with interests in Moehau Tupuna Maunga and Te Aroha Tupuna Maunga 4. Conservation framework area map 5. Fisheries Advisory Committee area map 6. Pare Hauraki area RFR 7. Pare Hauraki list RFR 8. Second right of refusal land 9. Specified area properties map 10. Tauranga RFR land map 11. Wentworth Valley property 12. Licensed land maps 13. Tairua Fire Station Land Exchange map 14. Mangatangi, Mangatawhiri and Whangamarino Catchments map 15. Waihou, Piako, Coromandel Catchments map 16. Waikato Conservation Management Strategy area within the Pare Hauraki redress area map 17. Draft collective bill PARE HAURAKI COLLECTIVE REDRESS DEED PARE HAURAKI COLLECTIVE REDRESS DEED THIS DEED is made between HAKO and NGĀI TAI KI TĀMAKI and NGĀTI HEI and NGĀTI MARU and NGĀTI PAOA and NGĀTI POROU KI HAURAKI and NGĀTI PŪKENGA and NGĀTI RĀHIRI TUMUTUMU and NGĀTI TAMATERĀ and NGĀTI TARA TOKANUI and NGAATI WHANAUNGA and TE PATUKIRIKIRI and THE CROWN PARE HAURAKI COLLECTIVE REDRESS DEED 1 BACKGROUND NEGOTIATIONS, RATIFICATION AND APPROVALS 1.1 Since December 2009, there have been negotiations between the 12 Iwi of Hauraki and the Crown towards a collective Treaty redress deed for the historical claims of the iwi. 1.2 The attachments contain a map showing the area within which redress is being provided to the Iwi of Hauraki. This map does not describe an area of interest and only encompasses part of the Iwi of Hauraki rohe. 1.3 On 1 October 2010, the Iwi of Hauraki and the Crown signed a Framework Agreement that included offers to negotiate redress with respect to – 1.3.1 Te Aroha and Moehau maunga; 1.3.2 motu; 1.3.3 recognition of Tīkapa Moana – Te Tai Tamahine / Te Tai Tamawahine; 1.3.4 co-governance of Whenua Kura/public conservation land; 1.3.5 co-governance of the Waihou and Piako Rivers which includes the Ōhinemuri River; 1.3.6 relationship agreements and protocols with Ministers including Energy and Resources, Arts Culture and Heritage and Fisheries; 1.3.7 place name changes; 1.3.8 financial redress; 1.3.9 Athenree, Kauaeranga, Tairua, Waihou, Whangamata and Whangapoua Crown Forest Licensed land, including accumulated rentals; 1.3.10 commercial redress properties including Landcorp Farms, Office of Treaty Settlements’ landbank properties and sale and leaseback properties; and 1.3.11 rights of first refusal. 1.4 On 22 July 2011, each Iwi of Hauraki signed Agreement in Principle Equivalents which expanded upon the Hauraki Collective Framework Agreement and also included offers to negotiate redress with respect to – 1.4.1 the rivers and waterways of the Coromandel Peninsula; 1.4.2 Whangamarino system, and Mangatawhiri and Mangatangi streams; 1.4.3 formal Conservation Board and Hauraki Gulf Forum representation; 1 PARE HAURAKI COLLECTIVE REDRESS DEED 1: BACKGROUND 1.4.4 a relationship agreement issued by the Minister of Conservation; 1.4.5 Te Reo Māori me ona tikanga; 1.4.6 enhancement and return of all forms of taonga; 1.4.7 rights relating to nationalised and non-nationalised Crown-owned minerals and information held by the Crown or Crown Research Institutes on these minerals; 1.4.8 preferential access to concessions in relation to Whenua Kura/ conservation land, Tīkapa Moana – Te Tai Tamahine / Te Tai Tamawahine; 1.4.9 opportunities to enter into formal arrangements with the Crown over its proposed commercial arrangements in the Hauraki region, particularly in relation to infrastructure development and investment; and 1.4.10 other mechanisms available to the Iwi of Hauraki to recognise their interests in the marine and freshwater fisheries of Tīkapa Moana – Te Tai Tamahine / Te Tai Tamawahine, and the waterways of Tīkapa Moana. 1.5 The Agreement in Principle Equivalents also included offers to negotiate iwi-specific redress with respect to – 1.5.1 the properties and areas of ancestral, spiritual and cultural significance to each iwi including transfers and vestings, overlay classifications, statutory acknowledgements and deeds of recognition; 1.5.2 other cultural redress including relationship agreements, access to cultural resources, nohoanga and other arrangements and place name changes; and 1.5.3 commercial redress for each iwi. 1.6 On 22 December 2016, the Iwi of Hauraki and the Crown initialled a collective redress deed. 1.7 The Iwi of Hauraki have, since the initialling of this deed, by a majority of – 1.7.1 the percentage for each Iwi of Hauraki specified next to the iwi below, ratified this deed; and 1.7.2 the percentage for each Iwi of Hauraki specified next to the iwi below, approved the Pare Hauraki collective entities each receiving the relevant collective redress: 2 PARE HAURAKI COLLECTIVE REDRESS DEED 1: BACKGROUND Pare Hauraki Deed ratification Iwi collective entities percentage approved
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