Claims Update March 2008
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Claims Update Report March 2008
Overlapping Claims
Ngati Kauwhata
Two hui have been held with two Ngati Kauwhata claimants on the 7th of February and then on the 26th of March. In the February hui we were able to give a formal presentation of the items of redress offered in the AIP and some of the historical rationale for Ngati Apa claiming these areas which overlap with the claims of Ngati Kauwhata. Some of the key points of discussion included Santoft Forest, Kiwitea Stream, Oroua River, Ohakea, Pukepuke Lagoon and the Aorangi area.
When we met in late March the areas of concern to Ngati Kauwhata were narrowed down to Ohakea, the Oroua River and we also informed Ngati Kauwhata that Kiwitea Stream site was removed from consideration due to discussions held with Ngati Hauiti.
It was suggested by our team that we could look at some wording in our deed of settlement regarding the way we dealt with the first right of refusal offered on Ohakea in terms of including overlapping claimants. We also proposed to offer to Ngati Kauwhata, the draft of the statement of association for their perusal prior to it being finalised with the Crown. It was clear that the Ngati Kauwhata claimants were open to these suggestions and so what remains is for us to pursue these matters with the Crown and share the documentation with them when we have the drafts completed.
Whanganui Iwi
Discussions with the various claimants of the Southern Cluster of claimants for Whanganui Iwi are progressing quietly. We have been endeavoring to secure a meeting for some time now. Whanganui are busy with the hearings process and other events have clashed with proposed dates for meeting. However, we have arranged a meeting for March 18 and it is hoped that this will get the ball rolling in terms of identifying what the issues are for the Whanganui claimants.
We have also attempted to get discussions underway with their legal counsel as well as other informal discussions. Although this process is slow we hope to get some traction soon as discussions with Whanganui Iwi are important in the overall settlement of our claims.
Ngati Hauiti
We have received feedback from Ngati Hauiti regarding the three issues that we raised in our previous hui with them. Our discussions are guided by the Pourewa Accord which in this process highlighted the cultural redress sites known as Waitapu, Kiwitea Stream site and a statutory acknowledgement and deed of recognition on Ruakiwi near to Parae Karetu.
However we have come to an agreement with Ngati Hauiti, and this will be formalised in a letter. We have agreed to withdraw the Kiwitea Stream redress, however all other cultural redress is agreed to.
Cultural Redress
Statements of Association
Draft documents have been completed for Omarupapako, Motu Karaka and Ruakiwi. In the case of Motu Karaka the issue was regarding the possible name change of the portion of the Whitiau Scenic reserve offered in the AIP. We have received feedback from OTS and with a few minor changes these documents are almost complete.
Conservation Covenants
We have received draft conservation covenants for Lake Ngaruru and Waimahora Conservation areas. These documents are relatively standard with a small amount of room for negotiation. Certain relevant clauses are flexible enough to ensure that these sites will be conducive to the kind of applications that hapu will seek into the future as they re - acquaint themselves with these sites of significance.
Discussions with Horizons Regional Council
On February 8th we met with Richard Munneke and others of Horizons regarding the Tawhirihoe site which is owned by them. This is part of the AIP where the Crown will advocate to Horizons to work with us in terms of the future administration of the block as well as putting up any interpretative material regarding the significance e of Tawhirihoe to Ngati Apa and to the region and nation in terms of it being the spot where the Treaty of Waitangi was signed. At this point we drafted a background paper so that Horizons understands the significance of this site and the potential for them to join with us in the management and promotion of it for the good of all in this region.
Other Matters
Discussion has been held regarding the suggestion of a possible name change for the Mangamahu Scenic Reserve to Pakihi. This is due to there being a bird snaring site within the reserve known as Pakihi. After discussions with Cherryl Smith and others it was felt that it was a matter for the hapu to pursue in the future in terms of developing their own collective understanding of the site as opposed to picking up on the idea as suggested by OTS officials.
The Chairman and Toroa Pohatu also took up the invitation from the Marton Golf Club to attend their AGM on February 23. This is all part of developing the relationship with the club as they come to terms with the fact of having new landlords into the future.
Commercial Redress
Exchange of Valuation Reports
The Valuation Reports for the CFL properties were exchanged between the Crown valuers and our valuers on February 21. This is an important milestone as the negotiation process is now much more defined in terms of the ball park we are now operating within. Whilst the contents of the reports are very sensitive in the context of the terms of negotiation we have agreed to, it can be said that it is hoped that the documents will add impetus to Commercial redress portion of the negotiations.
The team is also seeking advice on other aspects of forestry including the carbon credits issue as this will no doubt be a big factor moving forward. Toko has also attended hui regarding this hot issue in order to ascertain the implications of such policy.
Papakainga Selection
Papakainga selection has also been carried out. This was particularly important in terms of the Santoft site for Nga Ariki. We have been out on sight and the hapu have made there selection.
Sale – Leaseback & RFR Documentation
We are also awaiting information from the Crown regarding RFR deeds and arrangements regarding sale and leaseback arrangements. Other issues have arisen with regard to the Marton Police Station and policy with in the Ministry of Police. The result will be that the site will need to be subdivided and with all these knock - backs the team is always seeking recompense in other areas.
Governance Structure / Deed Drafting & Ratification
Proposed Post Settlement Governance Structure Workshop
On February 23 a hui/workshop was held at Whangaehu in order to discuss specific aspects of the proposed governance structure. It is great to have the assistance of our whanaunga Simon Karipa to assist us with these matters.
Draft Ratification Strategy / Draft DOS
A first draft of the ratification strategy has been completed by the Chairman. More discussion and work will be carried between now and the actual time when this occurs. We have also received a first cut of the Draft deed of settlement. These are put together by specialists and this will get the ball rolling towards a final draft in the upcoming months.