Marutūāhu Iwi Collective Redress Deed and Post Settlement Governance Entities RATIFICATION INFORMATION BOOKLET SEPTEMBER 2018 Tai a hā hā Tai a hā hā Mihi ki te whenua, tangi ki te tangata ki te Tara o Te Ika-ā-Māui Ko Moehau-ā-waho, ko Te Aroha-ā-uta Tū ko te rae o Hauraki, Marutūāhu kōwhao rau Taku toa he toa takitini, taku mana mai i ngā tūpuna Āku tōtara haemata i te mura o te ahi I te karo o te patu, i te mau o te pū, i ngā ture o ngā kooti Tū ko te ihi, tū ko te wana, tū ko te mana motuhake ā ō tātou tūpuna Eke, eke, eke panuku Eke, eke, eke tangaroa Whāno, whāno haramai te toki Haumi e, hui e, tāiki e! Ka whakatauākītia e ngā Ika a Whiro Ko ngā ripa tauārai o Hauraki Turuturu kau ana ki uta, ki tai Ka hoki whakamuri ahau Ki te muri, ki te tonga He putanga iho te kōrero nā Mai Ngā Kurī a Wharei ki Mahurangi Contents tahiOverview 6 ruaCrown Offer 8 toruPost-Settlement Governance Entities 9 whāEligibility to vote 12 rimaVoting process 13 onoRatification Information Hui 14 whituWhat happens if Marutūāhu Iwi Collective Redress Deed and PSGEs ratified? 15 APPENDIX 1 - Summary of Crown Offer 16 Kei ngā pātaka iringa kāmehameha Kei ngā taonga tūmatangaingai o ngā ripa tauārai o Marutūāhu Tēnā rā tātou katoa Mokori anō te waihape atu ki ērā kupu i whakatakotohia e ngā mumu whatukura, e ngā mumu māreikura e mihi ana ki te whenua e tangi ana ki te tangata nā reira ka waiho rātou ki a rātou, ko tātou te hunga ora ki a tātou, tēnā hoki tātou katoa A collective Treaty redress package has been negotiated with the Crown for the shared interests of the five Marutūāhu Iwi in the Tāmaki Makaurau region, including Mahurangi and the islands of Tīkapa Moana/Hauraki Gulf. The Crown offer is contained in the Marutūāhu Iwi Collective Redress Deed initialled by the Crown and mandated negotiators for the Marutūāhu Iwi.1 Voting is now open to the Marutūāhu Iwi2 on the Marutūāhu Collective Redress Deed and associated post-settlement governance entities. The information in this booklet, and documentation available via the iwi websites,3 will assist with making informed ratification decisions. So too will the ratification hui.4 This booklet includes a summary of the redress contained in the collective redress deed and explains the associated post- settlement governance entities. Marutūāhu Iwi Collective Redress Deed and Post Settlement Governance Entities 4 RATIFICATION INFORMATION BOOKLET The redress provided through the collective redress deed will form part of the overall settlement of the historical Treaty claims of each of the Marutūāhu Iwi. The Marutūāhu Iwi Collective Redress Deed sits side by side with the iwi-specific Treaty settlements. This is the context for the use of the term “settlement” in this booklet. The collective redress deed is subject to ratification by the members of the Marutūāhu Iwi and conditional on the enactment of settlement legislation. We are all united in the belief that the Crown’s offer is the best available. We, therefore, encourage you all to vote Yes to both resolutions – the first to support the Marutūāhu Iwi Collective Redress Deed, and the second to agree to the collective post- settlement governance entities. Voting papers are included in this ratification information pack. For your vote to count, you need to cast it by noon, Friday 2 November 2018. Voting opens on Saturday, 22 September 2018. You can vote online, by post, or at one of the ratification information hui. Please encourage your whānau to vote too. From the mandated negotiators for: Ngāti Maru Ngāti Tamaterā Ngaati Whanaunga Te Patukirikiri 1 The Deed is yet to be initialled by the mandated negotiators for Ngāti Paoa. 2 See the list of iwi at Section 4 of the Ratification Information Booklet. The ratification of the collective redress deed and associated PSGEs byNgāti Paoa will take place through separate processes. 3 See Sections 5 & 7 of the Ratification Information Booklet. 4 See Section 6 of the Ratification Information Booklet. Marutūāhu Iwi Collective Redress Deed and Post Settlement Governance Entities RATIFICATION INFORMATION BOOKLET 5 Overviewtahi The Marutūāhu Iwi are:5 Ngāti Maru Ngāti Paoa Ngāti Tamaterā Ngaati Whanaunga Te Patukirikiri The settlement of each iwi-specific historical Treaty claim is progressing through negotiations between the Crown and each of the Marutūāhu Iwi. At the same time, the Crown has been negotiating collectively with the Marutūāhu Iwi via the Marutūāhu Collective6 in relation to various lands and motu in Tāmaki Makaurau, including Mahurangi and the islands of Tīkapa Moana/ Hauraki Gulf.7 The Marutūāhu Iwi Collective Redress Deed reflects the shared customary interests of the Marutūāhu Iwi such that a collective redress package is appropriate. A collective settlement also recognises whanaungatanga and kotahitanga. The Marutūāhu Iwi collective redress negotiations began in 2009. On 17 May 2013, the Marutūāhu Iwi and the Crown signed a Record of Agreement. Following years of intensive negotiations, the Marutūāhu Iwi and the Crown initialled the Marutūāhu Iwi Collective Redress Deed on 27 July 2018.8 The collective Treaty redress will be shared by all five Marutūāhu Iwi and will form part of each iwi Treaty settlement. A summary of the collective redress is provided at Appendix 1 of this booklet. The Collective Redress Deed itself does not settle any of the historical claims of the Marutūāhu Iwi, nor provide financial (cash) redress (which will occur with each iwi-specific deed of settlement). Before Treaty redress assets can be transferred, a legal structure referred to as a post-settlement governance entity (PSGE) must be in place to receive and manage those assets. The Marutūāhu Iwi negotiators undertook extensive work and obtained expert independent advice in relation to the appropriate PSGEs to receive and manage the collective cultural and commercial Treaty redress. Given the scale and complexity of the collective settlement, there will be two PSGEs – one cultural PSGE9 and one commercial PSGE.10 Voting is now open to eligible members11 of the Marutūāhu Iwi12 on the Marutūāhu Iwi Collective Redress Deed and associated PSGEs. 5 In alphabetical order. 6 Representatives of the Marutūāhu Iwi formed the Marutūāhu Collective in 2009 to assist with the collective negotiations. 7 The Marutūāhu Iwi have also participated in separate collective negotiations resulting in the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Deed and the Pare Hauraki Collective Redress Deed. These deeds have already been ratified by the Marutūāhu Iwi. 8 The Deed is yet to be initialled by the mandated negotiators for Ngāti Paoa. 9 Taonga o Marutūāhu Trust (the final name will be confirmed on establishment). 10 Marutūāhu Rōpū Limited Partnership (the final name will be confirmed on establishment). 11 Registered members aged 18 years or over. 12 See the list of iwi at Section 4 of the Ratification Information Booklet. The ratification of the collective redress deed and associated PSGEs byNgāti Paoa will take place through separate processes. Marutūāhu Iwi Collective Redress Deed and Post Settlement Governance Entities 6 RATIFICATION INFORMATION BOOKLET Marutūāhu Iwi Collective Redress Area Marutūāhu Iwi Collective Redress Deed and Post Settlement Governance Entities RATIFICATION INFORMATION BOOKLET 7 Crownrua Offer The Marutūāhu Iwi Collective Redress Deed is the legal This redress recognises the losses suffered by the Marutūāhu document that contains the Crown offer of collective cultural Iwi arising from breaches by the Crown of its Treaty obligations. and commercial Treaty redress which is summarised in The collective cultural redress provides for the customary Appendix 1 of this booklet. interests of the Marutūāhu Iwi, enhancing the ability to have The Collective Redress Deed does not include: our values acknowledged and recognised. an agreed historical account, Crown acknowledgements The collective commercial redress provides measures that and Crown apology; nor will assist the Marutūāhu Iwi with securing and growing our economic base. financial redress (cash); By voting ‘YES’ to support the Collective Redress Deed, you which settlement elements will be provided to each of the will be voting ‘YES’ to the Crown offer discussed in further Marutūāhu Iwi through their iwi-specific Treaty settlements detail below. (which will also include cultural and commercial redress). The Marutūāhu Iwi Collective Redress Deed contains the following redress for the collective iwi of Marutūāhu: Cultural redress; and Commercial redress. Marutūāhu Iwi Collective Redress Deed and Post Settlement Governance Entities 8 RATIFICATION INFORMATION BOOKLET Post-Settlementtoru Governance Entities There will be two post-settlement governance entities established to receive and manage the Marutūāhu Iwi Collective redress: one for the collective cultural redress (Taonga o Marutūāhu Trust13); and one for the collective commercial redress (Marutūāhu Rōpū Limited Partnership14). This structure reflects the independent expert advice obtained by the Marutūāhu Collective to ensure our PSGE arrangements offer the most effective means to manage the collective Treaty redress and provide enduring benefits for the Marutūāhu Iwi. Taonga o Marutūāhu Trust Marutūāhu Rōpū Limited Partnership The Taonga o Marutūāhu Trust15 will receive and manage the The Marutūāhu Rōpū Limited Partnership17 will receive collective cultural redress on behalf of the Marutūāhu Iwi. and manage the collective commercial redress on behalf of Marutūāhu Iwi. A limited liability company called the Marutūāhu Iwi Collective Cultural Redress Limited16 will be the trustee for the Trust, The Marutūāhu Rōpū Limited Partnership is already with one director being appointed by each of the Marutūāhu established as the representative entity for the Marutūāhu Iwi Iwi. to participate in the Ngā Mana Whenua o Tāmaki Makaurau collective right of first refusal. The Trustee company will produce a statement of intent covering, among other things, the strategic vision and All 5 of the Marutūāhu Iwi are shareholders in the Marutūāhu objectives of the Trust.