Notes of the Ngātiwai Trust Board Hui-A-Iwi held at Otetao Marae, Whangaruru on Saturday 4 th March 2017 commencing t 8:30am. Present: - As per attendance sheets: The hui-a-iwi commenced at approximately 9:45am with powhiri, mihi and karakia. The following items were listed on the agenda for presentation and feedback: 1.0 Agenda: a) Kahui kaumātua protection of mana whenua, mana moana b) Chairman briefing and review of last quarter (feedback/discussion) c) Workshop session Presentations Takutai Moana Act Winston McCarthy Overlapping Claims Tania McPherson d) Workshop session Presentation PSGE Henry Murphy Way forward Haydn Edmonds 2.0 Kahui kaumātua protection mana whenua, mana moana: a) Pam Armstrong, Secretary of the Kahui kaumātua explained that a hui was held by the kahui on Friday 3 rd February at Whananaki and a resolution was passed that the kahui seek support from the iwi to endorse a request for financial support from the Ngātiwai Trust Board for the purpose of protecting Ngātiwai mana whenua and moana. b) Haydn Edmonds informed the hui that the Board at its trustee meeting held on 5 th October approved that a course of action be taken to support the notion of land retention and mana moana, that resolution was moved by myself and seconded Allan Moore, a copy of it was distributed to the Trustees and agreed to unanimously. 2.1 It was resolved: a) That the kahui kaumātua is provided financial support by the Ngātiwai Trust Board for the purpose of protecting mana whenua and mana moana. Moved: Pamela Armstrong; Seconded: Hone Rapata CARRIED b) Pamela Armstrong advised if there is anything that happens with Ngātiwai the kahui kaumātua are here to provide support and guidance for the iwi. c) Hori Parata added I will also do the best I can to support. It s the responsibility of kaumātua to maintain the culture of the tribe. At our hui in February 2017 held in Whananaki Tokowhati moved a resolution that kaumātua do not register membership to the kahui under pakeha kaupapa, it was also agreed that the kahui organise travelling to visit each of the Ngātiwai marae. d) Haydn Edmonds commented it s important that the right of refusal sits with kaumātua and that they are included in all critical decision making. Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 1
e) Haydn Edmonds confirmed he will meet with Pam and Hori to discuss matters further prior to the next Trustee meeting. f) Haydn Edmonds concluded with acknowledging the kahui kaumātua. 3.0 Chairman briefing and review of last quarter: a) Hui-A-Iwi Information: - Haydn Edmonds explained a booklet which includes quarterly reports from each of the Trust Board s units is available, included in the booklet is a copy of the monthly Te Tukaiaia newsletter. b) Urgency Hearings: - Haydn read out the Advocate article from the 5 th October 2016. The Waitangi Tribunal hearings concluded with 2 extra days for us all in Wellington, we are now awaiting the Tribunal s report. c) AGM: - The AGM was held at Toll Stadium in December 2016, an annual report was produced which included details of the Trust Board s investments, fisheries and other income. It was unfortunate that we couldn t secure any other venues during December however next year we will go to a marae. d) Trustee Election Results: - Haydn read out the results of the Trustee Election. He advised I have retained the position of Chairman and Phillip Ngawaka was elected as Deputy Chair at our recent Board meeting. Mokau and Matapouri marae are yet to select their nominees however another election process will be carried out for these marae when they are ready. Takahiwai marae wants to wait until the Tribunal report is released. e) CEO: - Interviews were carried out for the position of CEO, the calibre of candidates was very high, the person chosen was Kris MacDonald and staff will be hosting a mihi-whakatau at the office for him this coming Wednesday there will also be a powhiri for all new Trustees and the CEO held at Matapouri marae on Saturday 11 th March. f) Overlapping Claims: - We request kaumātua support us with the issues of overlapping claims. g) Pam Armstrong acknowledged the Board for providing a very transparent annual report. 4.0 Takutai Moana Act Winston McCarthy (Presentation): a) Winston McCarthy provided a presentation of key points regarding the Marine and Coastal Area Takutai Moana Act 2011 b) Background to the Act: - The Marine and Costal Area Act came into force in April 2011, the Act repealed and replaced the Foreshore and Seabed Act 2004 and seeks to restore customary interests in the marine and costal area. c) The Act creates special status for the common marine and costal area, meaning the Crown nor any other person and own it. d) The marine and costal area extends from the mean high water springs to 12 nautical miles offshore. e) The Act provides for a process whereby the applicant can apply to have their customary interests recognised by applying for either customary marine title and/or protected customary rights. f) Applications are due 3 rd April 2017. g) Applicant Group: - Can be one or more iwi, hapū or whanau. Each group requires a representative, that representative can either be a person or legal entity (eg: trusts or runanga) with a formal contact point (chairperson, secretary, lawyer etc). The representative group must ensure it can demonstrate authority to represent the applicant group. h) Customary Marine Title (CMT): - Recognises the customary relationship of an iwi, hapū and whanau with the common marine and coastal area. Customary Marine Title can t be sold and free public access, fishing and other recreational activities can continue in customary title areas. i) Protected Customary Rights (PCR): - Protected customary rights can be granted from customary activity like the collection of hangi stones or launching waka in the common marine and costal area although customary activities are not defined in the Act j) Two options, same outcome: - The Act provides two pathways through which applicant groups can make applications for CMT, PCR or both. Applications under both processes must be made by 3 rd April 2017. Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 2
4.1 Questions and Discussion: a) Ally Baines queried. Does that include Navy exploration which is harming whales and sea-life? Winston McCarthy clarified not beyond 12 nautical miles. b) Riki Solomon commented are there any challenges foreseen in terms of power/influence regarding infrastructure. c) Winston McCarthy clarified NZ is different, we can t sell rights regarding the foreshore and seabed however land is different, power of veto is over specific areas. Riki Solomon added will stuff that was already there since 1840 be revisited? d) Winston McCarthy responded, there is only the whakatu case where Crown has financial responsibility to Māori. e) Haydn Edmonds highlighted so it s important that there is collaboration to protect our rights. As Helen Clark said Ngātiwai is the only iwi that never gave away our sovereignty over the ocean. This is something we can work together on because each kainga has its own rohe moana. There are other iwi and hapū making claim from Mahurangi through to the Kermadec islands. f) Lynette Hoey commented it s important that we restart talks with Regional councils regarding the incorporating of water and that we are provided with the appropriate funding to establish our own infrastructure to engage proper. g) Winston McCarthy added in terms of the RMA there is no funding and no plans in existence. h) Haydn Edmonds added the Councils are trying to engage with iwi however this has only come about because of the water issue. i) Elly Baines commented I was approached by someone who suggested that NTB align ourselves with a political party e.g New Zealand First or Labour to show National and other iwi that we are united in this cause. j) Winston McCarthy pointed out it important that applications be made under both processes, in case the Minister intervenes or there is a change. k) Elizabeth Baines queried. Is there funding available? l) Winston McCarthy confirmed yes, up to 85%, but it is also important that you ask your lawyers to apply a discount, most of them will but it s not volunteered, you need to ask for it. m) Elly Baines clarified so whanau, hapū and iwi need to apply by 3 rd April, and then the Trust Board? n) Haydn Edmonds advised there are 2 options, Justine Innes is putting together a blanket claim on behalf of all Ngātiwai, however once she has done that we can assist whanau with providing a templated application. o) Allan Moore enquired could we have a workshop about it? Winston confirmed I will be available for workshops from next week Tuesday. p) Lynette Hoey commented I don t believe we need a political party, Māori just need to engage. The Crown should acknowledge all hapū boundaries and we should work together to get our sovereignty back. Colonisation is unfair, unjust and unnecessary. The Crown has a cultural responsibility to sovereign people. Winston reiterated you can apply for both processes, this is about the Crown recognising you. q) Elly Baines highlighted what if you don t recognise the Crown, we aren t sub claimants we are owners. r) Winston McCarthy responded if that is your position then take that position but you only have until 3 rd April to do so. s) Mylie George commented I support Winston being able to put up some options for our people, this is a little bit like the claims process, it s about mana moana, personally I say that Crown processes are fraudulent these are the processes that took our rights to the foreshore and seabed away, If you don t put an application in then other people have the right to take over your area, this is a type of zoning exercise. There are 2 parallel processes the Crown and Justice. I support the empowerment of whanau and hapū to lead the process. t) A comment was made by a member of the Hetaraka whanau this is about the future, historically the Crown have only dealt with Runanga or iwi which is problematic. So how does Ngātiwai best deal with this issue and how will it be managed? We ve allowed Crown to redefine our customary areas, similar Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 3
to the Trustee election process I m expected to vote for 1 person but I connect to many Ngātiwai marae. My question is to the Trust Board, how are we going to manage this? The way we manage our resources has been forced upon us by the Crown. We have some serious issues of identity that I hope the Trust Board can manage. u) Tony Barber commented the Ngātiwai whakapapa is clear and surely over 30 years the Trust Board has the information to assist with the applications to have a bulk/united claim for this issue. We need to work and move together/united and think collectively. v) Elizabeth Baines added Kawa marae claims was the first to get started on Aotea that is why we are divided the process is flawed and has divided us. I think if you put the claim in you do it together. w) A comment was made, you have made the options very clear but I support us coming together to do this and by Ngātiwai doing it together no one misses out. x) Haydn Edmonds reiterated we have said the Trust Board would do a blanket claim for both processes. Then each whanau, hapū rohe can do claims also. Ngātiwai s customary position is that we never gave up our rights. This is an opportunity for us to come together as one. As far as I am aware Ngunguru is the only area that has a rohe moana. y) Riki Solomon added there is sometimes a fear that other whanau will usurp your area which poses the question if you should support other whanau. We are experiencing a similar issue with our whanau whenua handed down to us from our tupuna Tu Solomon. z) Haydn Edmonds highlighted we are still awaiting the outcome of the Tribunal hearings report. Also all 7 other iwi in Te Taitokerau have been informed that Ngātiwai will be claiming sovereignty over our area. 5.0 Overlapping Claims Tania McPherson (Presentation): a) Tania McPherson provided a presentation of key points regarding overlapping claims. b) Overlapping Claims: - An overlapping claim exists where two or more claimant groups make claims over the same area of land that subject of historical Treaty claims. Addressing overlapping claims is a key issue for settlements, particularly in the North Island where there are many valid overlapping claims. c) Negotiation of overlapping claims: - The Crown can only settle the claims of the group with which it is negotiating, not other groups with overlapping interests. The Crown does not resolve the question of which claimant group has the predominant interest in a general area. That can only be resolved by those 2 groups. d) The nature of Māori Boundaries: - The Waitangi Tribunal considers the nature of Māori boundaries as the essence of Māori existence was founded not upon political boundaries, which serve to divide, but upon whakapapa which serve to unit and bind. The principal was not that of exclusivity but that of association. e) Disagreements relating to overlapping claims: - The Crown would prefer that disagreements over redress were settled by mutual agreement between claimant groups. However, in the absence of agreement the Crown may have to make the decision guided by two general principals. The Crown s wish to reach a fair and appropriate settlement with the claimant group in negotiations, and The Crown s wish to maintain, as far as possible, its capability to provide appropriate redress to other claimant groups and achieve a fair settlement of their historical claims. f) A copy of the Marutūahu overlapping claims map was distributed to be used as an example. g) Tania McPherson explained Ngātiwai disagree that Marutūahu have any interest on Aotea and have lodged an extensive submission. 5.1 Discussion and Questions: a) Elizabeth Baines commented we will oppose any Ngāti Rehua person that comes on our island. Ngātiwai holds mana whenua and mana moana and we are the owners. Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 4
b) Tania McPherson added we are also working on an overlapping claim from Hako was part of the Hauraki Māori Trust Board who is claiming redress on Aotea as well. Our response is as per the Crown, Hako were not established in 1990 s and need to prove their connection to Aotea. The Hauraki collective are also trying to establish a protocol area on Aotea which will include the fisheries, new species quota management, should they be successful they will also receive first right of refusal, so the Crown is potentially giving away what should be left for us. c) Haydn Edmonds added we are rejecting the lot. The Crown is trying to give away our rights which includes right of first refusal and taonga tuturu. d) Keir Volkering explained we need to be aware taonga turutu is not just a constitutional issue and therefore much bigger then we know. e) Mere Hoani explained taonga tuturu should be about the people who own it, not just someone who claims it. f) Tony Barber added I feel aroha for Ngātiwai dealing with the Crown s behaviour. Ngātiwai is throughout Aotea, Hikihiki lived on Hauturu before the claims times. It s sad that Ngātiwai is being walked over by other hapū. Surely we can verify our whakapapa to connect us to the land. g) Elizabeth Baines commented, Rehua doesn t exsist and recited her version of whakapapa connected to Aotea. We have done considerable research over specific time-periods and can t find anything about Rehua of Manaia or Ngātiwai, so we are taking the NRNWKATB to the high court for tampering with whakapapa and actually it was NTB that sanctioned NRNWKATB, yourself and Kris wrote the statement. h) Haydn Edmonds responded we need to stop arguing and be kinder to each other, regarding the taonga tuture we need to repatriate taonga back to the barrier on behalf of Ngātiwai. Overlapping claims are important to us, we must have kotahitanga. It would be good for us to put our energy into helping each other in dealing with the Crown. 6.0 PSGE Henry Murphy (Presentation): a) Henry Murphy provided a presentation of key points regarding PSGE models. b) Treaty Settlements: - Opens up to a PSGE c) PSGE: - The PSGE is a private trust that needs transparency, reports back to the Crown and has a charitable and commercial arm. It must represent the claimant group. d) Representative Models: - Options of marae, hapū, individual (first past the post), takiwa, or a combination of both, marae and hapū with 2 votes. e) Advantages: Marae: - Hapū: - fresh approach to the current status Individual: - f) Disadvantages: Marae: - could be perceived as a large governance body Hapū: - Individual: - too much to manage 6.1 Discussion and Questions: a) Kathy Caldwell queried why a PSGE and not the Trust Board? b) Henry Murphy explained because a charitable trust cannot receive and manage the iwi assets. c) Explain the definition of takiwa? d) Henry Murphy clarified pakeha or māori, it is considered a district. e) Elly Baines queried. What is the jurisdiction of the marae and who or what exactly is the marae? And what if the marae burns down? f) Mere Hoani explained a wharenui burns down not the marae, it is always there. Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 5
g) Tony Barber added what of people that have married into the hapū, under Māori LORE they are bestowed certain rights and privileges from the hapū however Crown processes and structures do not recognise Māori relationships. h) Enid Maloney added that is why our strength lies within our kahui, it is our responsibility to uphold our customs and values. i) Francis Heremaia agreed. I married Ngātiwai, I live here and my children and mokopuna are from here. For years we have been opposing Government processes and we need to continue, however we need to be supportive of each other and be unified. j) Henry Murphy commented any model we select we are in-charge self-determination like Tuhoe we can provide our own services. k) Mere Hoani added I support Francis, he is advising us of how we can move forward together any other way is a disadvantage and is not helpful. To move forward we need to look at positive things and look for the advantages we are going to receive. Long negative stories delay our progress, we need to take advantage of the advantages. l) Riki Solomon queried. Which was the most popular model used by other iwi? Henry advised research shows that marae the most successful, however some are made up of hapū or a combination of both. But ultimately it is our choice and we need to make it our own. m) Riki Solomon queried, successful? Henry explained successful iwi are for example Ngai Tahu however in terms of capital ownership Ngāti Whātua. n) Haydn added sometimes models may not come out of this age group, hence why we are introducing younger trustees and want younger audiences to participate. o) Elizabeth Baines commented we need smart business minded people to look after our assets, the Trust Board owns/managers investment properties but there is a $8m debt. Is Andrea Munro still in charge of Oceans? NTB has been around a long time and should have more assets. p) Haydn Edmonds explained there is good and bad debt however, if the Trust Board was to wash up next week we would have $80m, for example Ngai Tahu have debt of $110m however they earn $400m in profit. $900k of NTB s income is derived from investments other than fisheries. q) Henry Murphy added NTB equity sits at 60% which is higher than most other iwi. r) Haydn Edmonds added NTB has continued to purchase quota, that is noted in the annual report, we have also paid off debt which is now equity. We are happy to engage with a smaller group if you would like further information all the financials have been moved in-house at the office. s) Mylie George added for all claimants the urgency report is due to be released in May 2017, I also know of whanau claimants that would like to look at PSGE models. I acknowledge NTB for informing whanau. We also have hononga process coming up to korero about how we can work together and an information hui regarding MACA, Tuesday next week at Oakura. t) Haydn Edmonds concluded I would also like to invite the claimant community to give a view about PSGE. 7.0 The way forward: a) Communication: - Haydn Edmonds commented how can NTB better communicate with the iwi? At the moment we have a communication strategy that has us actively interacting through newsletters, online via face-book and the website. We re committed to holding quarterly hui-a-iwi during the course of the year, and would like to introduce live-streaming or filming hui. b) Haydn Edmonds asked is there a better way that we can communicate with you. Internet or post? 7.1 Discussion and Questions: a) Riki Solomon: acknowledged the Trust Board for its communication, however it is the responsibility of the individual trustee to take all information back to their marae and hapū. b) Kathy Caldwell added at a Whananaki marae meeting the question was asked of me to report back to the marae committee, which I am happy to do. Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 6
c) Enid Maloney suggested that a forward calendar is included in the monthly newsletter that items from other group be included in the calendar. d) Riki Solomon suggested that a Ngātiwai drop box be established as a safe means of sharing information and documents. e) Haydn Edmonds added we encourage hapū and marae to develop their own contact/database. f) Elly Baines queried is it correct that you can only vote for 1 marae and not any other marae that you may be associated with? Haydn confirmed yes. g) Elly Baines commented that s not law thou, that s what your proposing, who decides upon block voting between 2 marae? h) Haydn Edmonds replied all Ngātiwai marae a connected so individuals select what marae to vote through. i) Elly Baines explained we have significant issues on Aotea, recently at Motairehe whanau from Kawa came over to our marae committee meeting and voted in the current marae committee. j) Tony Barber suggested we need to bring our young people along with us, so we can teach them our tikanga, we ve got to maintain our tikanga. k) Elizabeth Baines commented we are the next generation not our children. l) Haydn Edmonds highlighted we have Rapata Diamond who is a young person who has recently been elected on to NTB and he will be able to continue on long after myself and other Trustees have moved on. m) Staff Quarterly Reports: - As a measure of what is being done by staff they will be completing annual work plans which will be reported on each quarter. n) Trust Deed Review: - We also want to get the Trust Deed review finished and out to everyone. o) Mere Hoani reiterated our strength is in our reo and true tikanga, there is no wairua in Māori without our language. We must speak the language of our tupuna. We are all related through whakapapa so go home and learn who your whanau are. I m happy with what we have done today and proud of Haydn, since he has come to the Trust Board we are starting to make progress. 8.0 Conclusion: a) Haydn Edmonds concluded I feel confident in our kahui kaumātua and our staff for all of us going forward. I am comfortable with our Board and excited for Mokau and Matapouri to put their nominees forward. At this time Takahiwai remain withdrawn however we will meet with Takahiwai and settle the Ngātiwai claims within Patuharakeke. b) Elly Baines added all I would like to do is wananga with the Trust Board and show you that Ngāti Rehua of Tainui which NTB supported does not exist. c) Haydn Edmonds responded I will undertake to listen to and look at your evidence. The hui-a-iwi was closed with a karakia from Hori Parata at approximately 1:45pm. Moana MacDonald Board Secretary Haydn Edmonds Chairman Notes Hui-A-Iwi, Otetao Marae 4 th March 2017 Page 7