Claims Update for April and May 2008
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Introduction
A key issue for the negotiation team has been the reality that the overall claims settlement process is entering a period where the government is seeking to achieve settlement with some larger claimant groups. Our agreed timetables with the Crown have been slipping and it is noticeable that the OTS workload has been increasing in a very significant manner. However we remain confident that we will reach a Deed of Settlement with the Crown before the General Election.
Overlapping claims
Whanganui Iwi
The main focus for this period in terms of overlapping claims has been the ongoing discussions with Whanganui Iwi. As noted in the previous period the achievement of gaining a firm date for a hui with Whanganui was gained in late February which was to be held at Whangaehu Marae on March 18. This hui was crucial in enabling the Negotiation team to point out the importance of gaining a form of sign off by Whanganui for the Ngati Apa settlement process.
Whanganui have set up of a working party to to engage with our negotiators and hopefully come to agreements on any concern that Whanganui may have about our Settlement.
From our point of view we were hoping for a quick turn around, however these processes are difficult and time consuming by there very nature. When we had the May 14th hui held at the Southern Cluster of Claimants office in Whanganui it was clear that they had carried out a lot of ground work in order to shore up a specific mandate from various groups within Whanganui in order to carry out the task at hand. So various timeframes and terms of reference were discussed as well as some initial positions put forward by ourselves in terms of the basis for our claims within the overlap area.
Discussions are continuing with our next hui planned for the 28th of May.
Cultural Redress
Statements of Association
In terms of cultural redress the main tasks have involved the drafting of the statements of association which are the basis for all our statutory acknowledgements and deeds of recognition. Up to the beginning of this period statements had been drafted for ‘Omarupapako’ Scenic Reserve, Whitiau Scientific Reserve, ‘Ruakiwi’ Scenic Reserve and the Taukoro Conservation Area.
During this period the more substantial statements involving the rivers and coastline have been drafted and sent to OTS for feedback. Some of the key aspects for these statements is to reflect the nature of association, the depth and density of association, and finally note current conditions and what Ngati Apa objectives are focused on in terms of our role as kaitiaki.
Consequently, the statements for the Whangaehu, Mangawhero, Turakina, Rangitikei and Oroua Rivers cover a large amount of sites and a great deal of traditional activity and history. This has involved going over the mana whenua reports and combing much of our documentation for site names, their function and the various hapu specifically associated.
This latter point is also crucial in that it aligns with TRONA policy to empower hapu and facilitate hapu practices and traditions as they will be the current and future ground force for upholding kaitiakitanga.
Survey Office Plans
At the end of the period we also received the Survey Office plans for all of our cultural redress excepting the Ruatangata site. These will need to be checked and questions raised regarding fencing, access and any other relevant issues.
Commercial Redress
This work stream has been relatively quiet as our substantive position with regard to the forestry valuation has been put to the Crown and essentially we are awaiting a clear response from the Minister. Toko has continued to probe OTS for answers but nothing substantial is forthcoming at this point.
Tuia legal continue to work with OTS on RFR & leaseback documentation in order to iron out perceived kinks that have the potential to be problematic further down the track.
When taking into account the news of a requested hiatus for substantive discussions for a month, as noted at the beginning of this report, this would no doubt indicate that we are suffering delays due to the Crown being distracted with the log jam of claimants seeking settlement before the upcoming election.
The team continues to press the Crown for priority for our settlement and this is ongoing.
Governance Structure / Deed Drafting & Ratification
The Chairman has produced a first cut of the Ratification booklet during this period. This is a process that will be run to a tight timetable and will need to get the information over in a clear and concise manner.
Tuia legal continue to work on matters pertaining to the Deed of Settlement document.
Simon Karipa has been overseas during part of this period but he has returned and he has informed us of the importance of getting some tax advice with regard to our entity.