[Please note that the option to purchase and lease-back Housing NZ properties within two-years from the settlement date, which is referred to in the DVD and the Ratification booklet (at page 3), is not part of the Settlement Package. Housing NZ properties are included in a right to purchase which is available to Ngati Porou for 170 years from the settlement date, if these properties become surplus to Crown requirements, but the purchase and lease-back provision is not available. There is still an option to purchase and lease-back certain other Crown-owned lands, including sites where schools are located and police owned properties. Click here to read more.]
In December 2007, the members of Ngati Porou voted for Te Runanga o Ngati Porou (“the Runanga”) to settle their historical Treaty claims by direct negotiation with the Crown. Negotiations have since been conducted by a sub-committee of the Runanga called Te Haeata, made up of representatives of the seven Ngati Porou hapu groupings and three Runanga appointees. Te Haeata has negotiated a Deed of Settlement (“DOS”) of Ngati Porou’s historical claims on behalf of all Ngati Porou. Members of Ngati Porou now have the opportunity to vote on whether or not to accept this settlement offer.
Te Haeata believes it has negotiated the best possible settlement for Ngati Porou, and that the proposed Post-Settlement Governance Entity (“PSGE”) model will provide for the benefits of settlement to look after the best interests of all its members. These benefits will apply to members of the current and future generations of Ngati Porou, wherever they may be.
The DOS needs to be ratified or approved by the Ngati Porou members for settlement to take place. So Te Haeata urges you, the members of Ngati Porou, to vote. Read on for more information about what you are being asked to vote on and how you can vote.
The settlement is for all members of Ngati Porou. Ngati Porou means nga uri o nga whanau hapu o Ngati Porou mai i Potikirua ki Te Toka a Taiau, and includes:
• Individuals who descend from one or more Ngati Porou tipuna; and
• Nga Hapu o Ngati Porou.
For more information, and a list of Nga Hapu o Ngati Porou, Te Haeata encourages you to read the DOS.
A list of claims that will be settled is included in the DOS.
Ratification means securing formal support from members of Ngati Porou. Members of Ngati Porou are able to vote on, firstly, the DOS and, secondly, the proposed PSGE during the ratification process. The outcome of the voting process will decide whether or not the settlement package and proposed PSGE are ratified. In order for you to make an informed decision as you vote on these two matters, this booklet will outline what is in the DOS and describe the structure and operations of the proposed PSGE.
The DOS has been given provisional acceptance by being initialled by Te Haeata and the Crown. The members of Ngati Porou must now give their approval of the DOS for it to become binding. Also, settlement assets cannot be transferred until an accountable, representative and transparent governance structure is in place. The second part of the Ratificaption process involves obtaining approval from Ngati Porou of the governance structure (PSGE) that Te Haeata and the Crown have agreed upon.
Te Haeata will hold a series of ratification hui throughout New Zealand and in Sydney, Melbourne and Brisbane. These hui will give you an opportunity to ask questions about and discuss the DOS and PSGE. Te Haeata encourages you to attend and participate at hui in your area.
Each registered adult member of Ngati Porou 18 years of age and over is entitled to both a personal vote and a hui vote on each of two questions.
Although you may only make one personal vote on each of the two questions, you have a choice of methods on how you may vote. Details on how you can make a personal vote are described on the voting form.
The hui vote will be made at each of the ratification hui. A register of attendance will be taken and after the presentation and question time, the attendees will vote on the two ratification questions by a show of hands.
Both the personal and hui votes will be used to determine whether there is sufficient support from Ngati Porou to ratify the DOS and PSGE. However, at the end of the day the personal votes will provide the final determination about whether the settlement is ratified. Te Haeata therefore encourages members of Ngati Porou to make their personal vote as well as attend ratification hui to participate in the hui vote.
The questions that are used for both the personal vote and the hui vote are the same, and are:
(Please see below for further information relating to the Mandated Iwi Organisation and fisheries assets).
If there is sufficient support for the DOS and the PSGE from members of Ngati Porou through their participation in the ratification process, the DOS will be signed and the PSGE will be established.
The DOS sets out the details of the redress that the Crown is offering in full and final settlement of all Ngati Porou’s historical claims. The settlement has three main parts – money, land and relationship arrangements between Ngati Porou and the Crown. Ngati Porou’s interests in these settlement arrangements will be represented by the Ngati Porou PSGE on behalf of all Ngati Porou.
As well as the cash settlement, accrued interest will be paid on the $90 million cash compensation.
(When the above land is transferred it is subject to the preservation of existing public access.)
Ngati Porou will have the option to purchase certain Crown-owned lands in the Ngati Porou rohe within two years from the settlement date. Ngati Porou would then lease these properties back to the Crown. This land includes several sites where schools are located and police owned properties.
Ngati Porou also has a right to purchase a significant number of other properties if they become surplus to the Crown’s requirements. This right continues for 170 years from the settlement date. These include properties from: Housing New Zealand, Police, Ministry of Education, New Zealand Defence Force, Ministry of Justice, Department of Conservation, and the Department of Corrections.
An opportunity at hui for claimants whose claims will be settled by the Ngati Porou Treaty of Waitangi Settlement to address the Crown about the harm done to them by the Crown’s breaches of the Treaty of Waitangi (“airing of grievances process”). A formal record will be kept of these hui.
Claimants whose claims will be settled by the Ngati Porou Treaty of Waitangi Settlement can also provide feed back on the proposal for the airing of grievances process. The proposal for the process can be found here and at regional Te Puni Kokiri offices, and Te Runanga o Ngati Porou offices in Gisborne and Ruatoria. Claimants may provide feedback in writing here or to Te Runanga o Ngati Porou offices, at ratification hui, or to their cluster representatives.
Before settlement assets can be transferred from the Crown to Ngati Porou, a legal structure, the PSGE, must be in place to receive and administer them. This section will detail the proposed structure of the PSGE that members of Ngati Porou are being asked to vote on.
The proposed PSGE will be called Te Runanganui o Ngati Porou, and it will be in the form of a trust.
There are two main reasons that Te Haeata prefers the PSGE to be in the form of a trust. First, a trust is a proven legal entity that most people are familiar with and is suitable for looking after assets and money for a large number of beneficial members. Second, a trust will provide an optimal tax position and flexibility for the future.
Like all trusts, the PSGE requires a trustee. The trustee’s job will be to govern the PSGE for the benefit of all members of Ngati Porou. The trustee for the PSGE will be in the form of a company whose sole purpose is to be the PSGE’s trustee. The directors will be called the Elected Representatives who will govern the PSGE through the trustee company.
There will be 14 Elected Representatives and they will be chosen through elections held every four years. Two representatives will be elected from each of the seven Rohenga Tipuna (also known as takiwa) through democratic elections of adult members of their respective Rohenga Tipuna. Elected Representatives may only serve for a maximum of three successive terms. At least one of the Elected Representative from each Rohenga Tipuna must be noho kaenga.
The seven Rohenga Tipuna are:If the DOS and PSGE are ratified by Ngati Porou, then the PSGE will be the entity that will receive the settlement package from the Crown. The PSGE Trust can be established at any time, but will not receive settlement assets until the settlement legislation is passed.
On establishment of the PSGE Trust, caretakers called “Establishment Representatives” will be appointed until the Elected Representatives of the PSGE are determined by the first elections. During the consultation process, whanau members considered that it was important for people from Ngati Porou to act as caretakers during the interim period. As a result, the seven hapu representatives from Te Haeata will be the Establishment Representatives during the interim period. The basis of Te Haeata hapu representation coincides with the Rohenga Tipuna groupings of hapu for representation on the PSGE.
Soon after ratification, elections will be held so that the Ngati Porou Elected Representatives can assume full responsibility for the PSGE by the time settlement legislation is passed in 2011. Whereas the Establishment Representatives will have limited powers, the Elected Representatives will have the full powers to manage and govern the trust in accordance with the trust deed.
Settlement legislation will allow for the transfer of:
(a) the settlement package assets to the PSGE;
(b) all Te Runanga o Ngati Porou’s assets to the PSGE. Te Runanga o Ngati Porou will be succeeded by the PSGE and will no longer exist; and
(c) all Ngati Porou’s fisheries assets, which are held by Te Runanga o Ngati Porou as the Trustee for Porou Ariki Trust, to be transferred to the PSGE. Porou Ariki Trust will no longer exist and the PSGE will become the Mandated Iwi Organisation under the Maori Fisheries Act.
So, the PSGE will own on behalf of all Ngati Porou, the settlement assets as set out in the DOS, and all the assets of Te Runanga o Ngati Porou including the fisheries assets, which are currently held by Te Runanga o Ngati Porou as the Trustee of Porou Ariki Trust. At settlement, the subsidiaries of Te Runanga o Ngati Porou and the Porou Ariki Trust will continue to operate with their respective employees. However, these subsidiaries will be owned by the PSGE.
At least 75% support from Ngati Porou, and a change of the existing law, is required for the PSGE to become the Ngati Porou Mandated Iwi Organisation and for the fisheries assets to transfer to the PSGE. If 75% support is not given then the fisheries assets will remain with the Porou Ariki Trust, and Te Runanga o Ngati Porou will remain in existence, but only in its capacity as Porou Ariki Trust’s trustee and as Ngati Porou’s Mandated Iwi Organisation.
The PSGE will be governed by a Trust Deed. Based on feedback from whanau at consultation hui, the Trust Deed will reflect the following principles:
The working structure of the PSGE will be determined by the Elected Representatives. However, there will be two main arms. One arm will be formed to manage the commercial assets. This arm will probably be in the form of a company, which will hold, manage and grow the settlement assets, and the transferred assets of Te Runanga o Ngati Porou and Porou Ariki Trust.
The other, non-commercial arm, will be formed to manage the cultural and social functions of the PSGE. This arm may be in the form of a trust and will look after functions related to education, health and social services, marae grants, educational scholarships, and so forth.
When will the settlement take effect?
If both the DOS and the PSGE are ratified, then the next step is to implement the DOS through legislation. Legislation should be passed in 2011, which will enable the PSGE to receive the settlement money and assets.
When will elections take place?
Elections for the Elected Representatives of the PSGE will occur after successful ratification and signing of the DOS, and before the passing of the settlement legislation.
Who benefits from the settlement?
All Ngati Porou members are equally entitled to benefit from the settlement whether they are based in the rohe, or else- where. The PSGE will manage the money and assets to ensure all members can benefit.
What about the Waitangi Tribunal process?
“Full and final settlement” means that claimants whose historical claims are being settled will not be able to have their claims heard before the Waitangi Tribunal. However, in deciding whether to enter into direct negotiations, the Runanga was mindful of the considerable time that the Tribunal process can take to inquire into historical Ngati Porou Treaty of Waitangi claims (which now number over 120), the age of many Ngati Porou pakeke, and the desire of many Ngati Porou pakeke to settle the claims in their lifetime. The Crown has also said that going through the Tribunal process will not increase the redress offered to iwi. In light of claims being extinguished without a Waitangi Tribunal hearing, Te Haeata has negotiated for an airing of grievances process to be held. This will provide claimants whose claims are being settled with an opportunity to present their Treaty grievances and be heard before senior Crown representatives (more information on this process can be found in the DOS).
What will happen if the DOS and PSGE proposal are not ratified?
If the DOS is not ratified, it is unlikely that Ngati Porou will have the opportunity to negotiate with the Crown in the near future. If the PSGE proposal is not ratified, an alternative PSGE model will need to be considered.
This is your opportunity to hear more about the DOS and PSGE. You may ask questions and have your say, and you will have an opportunity to participate in the hui vote at these ratification hui.
For a list of Hui dates please visit the Ratification Hui Venues and Dates page.
The following information relates to the personal vote. All registered members of Ngati Porou, who are 18 years old or over, are eligible to vote. The voting period is from Monday 1 November 2010 to 5pm Monday 13 December 2010.
Registration
You must be on the Ngati Porou Iwi register in order to vote. Ngati Porou members can register either online or by post. Click here to register online. If you register online then you are required to print and submit a declaration form to Te Runanga o Ngati Porou.
To register by post, you must submit a registration form. Registration forms are available online, at the Te Runanga o Ngati Porou offices, or you can call 0800 NPOROU (0800 676 768) and request a form be sent to you.
If you have registered by 5pm Friday 29 October 2010, then you may cast a general vote. If you register, or turn 18, after 5pm Friday 29 October 2010, then you may vote by casting a special vote. The last date for special registrations is 5pm Monday 6 December 2010.
Registration on the Ngati Porou Iwi register is based on whakapapa.
Voting
You are being asked to vote on both of the following questions:
For each question, you have the option of voting yes or no. There are four methods of voting (but you can choose only one of
these options). These options are:
By post
To vote by post you will need to have a ratification pack. Make sure you register at www.ngatiporou.com to receive your voting pack. Then tear off the voting slip and post it in the envelope provided. No stamp is required for this envelope.
In person
To vote in person you will also need to have a ratification pack. Once you have received this, fill out the voting slip, place it in the envelope provided and take it to any of the Te Puni Kokiri offices around the country. A voting box has been placed in each of the Te Puni Kokiri offices.
Internet voting
Go to www.ngatiporou.com and follow the voting instructions. You will be required to enter your voting number, which is at the bottom and side of your voting slip.
Text voting
Enter your voting number followed by a space, then enter “DOS”, space, and then “YES” or “NO”, followed by a space. Then enter “PSGE”, space, and then “YES” or “NO”. For example, if your voting number is ABC123 and you vote yes to both the DOS and the PSGE, your text message would read like this: - “ABC123 DOS YES PSGE YES”
To complete your vote, send your text vote to 366. o Your text vote is free. o Remember to vote for DOS first and for PSGE second. o You will receive a text to confirm your vote. If you have not voted correctly, you will receive a text asking you to try again. Simply follow the instructions and re-send your vote.
Special Vote
Ngati Porou adult members who register on the Ngati Porou Iwi register after 5pm Friday 29 October 2010 and before 5pm Monday 6 December 2010 will be eligible to vote by way of a special vote. (This includes those who register after voting has commenced, but before 5pm Monday 6 December 2010.) This also includes those who turn 18 after the voting period has commenced.
These Ngati Porou members will be sent a special voting pack which will include a special voting form. They will still be able to vote using the four methods detailed above. However, these votes will be deemed special votes and will be subject to verification by a committee. Special registration will close off one week before voting closes off.
Please be aware that the closing date for special registrations is 5pm Monday 6 December 2010.
Important Dates
| Closing date for general registrations | 5pm Friday 29 October 2010 |
| Voting begins | Monday 1 November 2010 |
| Closing date for special registrations | 5pm Monday 6 December 2010 |
| General and special voting closes | 5pm Monday 13 December 2010 |
A voting box has been placed in each of the following offices. These offices are open during week days and normal working hours. [Note that the offices with ** are sub-offices of Te Puni Kokiri and are not always manned]
| Office | Address |
| Whangarei | Level 2, Taitokerau Maori Trust Board Building 3-5 Hunt St Whangarei |
| Kaitaia ** | Level 2, REAP Building 33 Puckey Ave Kaitaia |
| Auckland | Level 2, Te Puni Kokiri House 12-14 Walls Rd Penrose, Auckland |
| Hamilton | Level 2, Waitomo House 6 Garden Pl Hamilton |
| Rotorua | Level 1, Te Puni Kokiri House 1218-1224 Haupapa St Rotorua |
| Whakatane | 58 Commerce Street Whakatane |
| Tauranga ** | Cnr Christopher St and 11th Ave Tauranga |
| Gisborne | Level 1, Nga Wai e Rua Cnr Lowe St and Reads Quay Gisborne |
| Wairoa Office ** | 54b Queen St Wairoa |
| Hastings Office | Ground Floor, Lowe House 304 Fitzroy Ave Hastings |
| Whanganui | Te Taurawhiri Building 357 Victoria Ave Wanganui |
| Taranaki | Level 1, Cnr Devon St and Currie St New Plymouth |
| Palmerston North ** | 109 Princess St Palmerston North |
| Lower Hutt | Level 1, Bloomfield House 46-50 Bloomfield Terrace Lower Hutt |
| Blenheim ** | Cnr Seymour St and Maxwell Rd Blenheim |
| Nelson ** | Suite 13 Rutherford Mews 31 Selwyn Pl Nelson |
| Christchurch | Level 3, 115 Kilmore Street Christchurch |
| Dunedin ** | Level 1, Colonial House 258 Stuart St Dunedin |
| Invercargill ** | Level 1, Menzies Building 1 Esk Street Invercargill |
