Maniapoto Deed of Settlement and Post Settlement Governance Entity - Ratification Information Booklet - Maniapoto Maori Trust Board
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Maniapoto Deed of Settlement and Post Settlement Governance Entity Ratification Information Booklet
IN YOUR RATIFICATION PACKAGE
YOU WILL RECEIVE:
+ + +
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1 2 3
1. The Maniapoto Ratification Information Booklet Copies of the Ratification Information Booklet, Deed
2. Voting Paper of Settlement and Post Settlement Governance Entity
Trust Deed are available at www.maniapoto.iwi.nz and at
3. Ratification Information Hui Dates the Maniapoto Māori Trust Board Office. Limited copies
4. Freepost return envelope will be available at the Ratification Hui.
KEY DATES
12pm, Monday 5th July 2021 - VOTING OPEN 12pm, Monday 16th August 2021 - VOTING CLOSED
12/07/2021 Te Kūiti 18/07/2021 Hamilton 27/07/2021 Auckland
13/07/2021 Taumarunui 18/07/2021 Kāwhia 28/07/2021 Napier
14/07/2021 Piopio 20/07/2021 Wellington 29/07/2021 Palmerston North
17/07/2021 Maniaiti 21/07/2021 Nelson 03/08/2021 Rotorua
17/07/2021 Ōtorohanga 22/07/2021 Christchurch 07/08/2021 Gold Coast
Hui details are available on your printed hui card (included in this pack) or online via the MMTB website and
Facebook page, details below.
Contact details - Maniapoto Māori Trust Board
Office Address: 49 Taupiri Street, Te Kūiti, 3910 If any of the documents listed above are missing, or
Freephone: 0800 668 285 you need replacements or assistance, please contact
the Maniapoto Māori Trust Board.
Phone: 07 878 6234
Email: tiriti@maniapoto.co.nz Facebook: @Maniapotomaoritrustboard
Website: www.maniapoto.iwi.nz Instagram: @etumaniapoto
CONTENTS MIHI & ACKNOWLEDGEMENTS 01 OVERVIEW 03 TIMEFRAME 05 VOTING 08 RATIFICATION 09 ELIGIBILITY TO VOTE 10 RATIFICATION INFORMATION HUI 11 DEED OF SETTLEMENT 13 CLAIMANT DEFINITION 15 BACKGROUND AND HISTORICAL REDRESS 19 HISTORICAL ACCOUNT SUMMARY 20 CROWN ACKNOWLEDGEMENT SUMMARY 22 CROWN APOLOGY 23 RAURUNUI: CULTURAL REDRESS 25 CULTURAL REDRESS PROPERTIES & AREAS 26 OFFICIAL PLACE NAME CHANGES 26 OTHER CONSERVATION REDRESS 27 AHUMANIA: RELATIONSHIP REDRESS 28 RAUMAIROA: NATURAL REDRESS 29 TAHUROA ME TE PAEPAEKURA 30 FINANCIAL & COMMERCIAL REDRESS POST SETTLEMENT GOVERNANCE ENTITY 33 TE NEHENEHENUI 35 MANIAPOTO FISHERIES TRUST GROUP 43 FREQUENTLY ASKED QUESTIONS (FAQ’S) 44 APPENDICES 49
MIHI & ACKNOWLEDGEMENTS
Ko te wehi ki a Ihowa, te tīmatanga o te whakaaro nui. Pai mārire ki a Kīngi Tūheitia, me te Kāhui Ariki
whānui tonu. Ka nui te aroha ki te hunga kua tīraha, moe mai rā koutou, moe mai rā. E rau rangatira mā, e
te Iwi nui tonu o Ngāti Maniapoto me ō tātou karanga maha, tēnā koutou katoa. He karanga tēnei ki te Iwi
nui tonu kia huihui mai tātou ki te wānanga i ā tātou kaupapa kawe i ngā kerēme ki te aroaro o te karauna
nō reira nau mai, haere mai.
It has been a long journey for our people to reach the point to where we are today – the ratification of our
Deed of Settlement and proposed Post Settlement Governance Entity.
The time has come for all who whakapapa within our rohe to understand what is proposed, to become
fully informed and have your say.
Rewi Maniapoto said at the conclusion of the land wars “Ko te riri kia mutu, Me tiri he rakau pai”
“Let us cease the hostilities and find a new way forward.”
No settlement will ever compensate for the mamae we have endured for many generations. We reflect
on the courage and sacrifice of our tūpuna and the people who have gone before us. We held fast to our
mana whakahaere and a relationship with the Crown that reflected the expectations our forebears set out
in their signing of the Treaty of Waitangi, within Te Ōhākī Tapu and within the Kawenata of 1903. Today,
we hold fast to the expectations our elders have set. The new way forward is a new relationship with the
Crown that is partnership and respects the rangatiratanga of our whānau within Te Rohe Pōtae.
For those whānau who have committed over the last 30 years to the Waitangi Tribunal process, to
informing the settlement and the design of the proposed new governance entity, I acknowledge your
hard work and commitment. I would also like to acknowledge our negotiators for their dedication and
commitment through the negotiations process.
On behalf of the Maniapoto Māori Trust Board, we present to you this information booklet which provides
a summary of what you are being asked to vote on and how the voting process will work.
This ratification is the most significant part of our settlement journey. We have worked tirelessly towards
this milestone over the past five years, resulting in a very comprehensive settlement for our people.
We now need you to continue supporting our journey, by voting ‘YES’ to the resolutions explained in this
booklet.
To our whānau of Te Nehenehenui, our kaumātua, our pakeke, our mokopuna; this is your time. We are
about to consider the most significant issue of our generation. I am confident our people will continue to
move forward with the principles set by our tūpuna as our guide.
Within the Kawenata our tūpuna said “Ko te mea nui i roto i tenei whakahaere ko te whakatopu i te iwi, kia
kotahi ai te tinana me te whakaaro ki te rapu i nga tikanga e tupu ai te iwi i runga i te pai i te rangatiratanga
me te whai rawatanga. Kia whanui ai hoki te titiro ki runga ki nga tikanga katoa e ahu mai ana i nga
taumata nunui o te motu. Ma te topu o te iwi, ka mutu te ngaungau me te taututetute, katahi ka whanui
ki nga tikanga katoa pa ana ki te iwi.”
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(“Of prime importance in this arrangement is the amalgamation of the people, to be one in thought and
deed, to find ways by which the iwi can grow, can benefit [from that growth] with their rangatiratanga
[intact], and can prosper. To be able also to see the breadth of opportunities in areas of national
importance. Through the amalgamation of the iwi, argument and dissension will cease, resulting in a
breadth of vision in iwi activities of benefit to the iwi.”)
We strongly recommend that you vote YES to all three resolutions that are explained in this booklet.
By voting YES you will authorise the establishment of a completely new entity to hold and manage all of
the Settlement redress.
By voting YES you will also approve the Settlement redress explained in this booklet. This includes:
• significant financial redress (cash) that on the Settlement Date will in total be worth approximately
$177 million;
• rights to purchase further significant areas of Crown land in the future including unique redress
such as the Tokanui Hospital site which must first be fully remediated (cleaned up) by the Crown at
their own cost (not at the cost of Ngāti Maniapoto). This is estimated to cost the Crown an additional
tens of millions;
• the transfer of significant areas of Crown land back to Maniapoto as cultural redress;
• agreement with the Crown on new relationships to build a better future;
• recognition by the Crown of our story, their Treaty breaches and a formal apology for those breaches.
By voting YES you also approve the transfer of the current Board assets including fisheries assets into the
completely new entity so our Maniapoto collective assets are then all held and managed in one place.
This is explained in this booklet.
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Over the last five years we had a great negotiation team who were supported by the most experienced
and successful advisors in the Treaty Settlement negotiation space. We have done all the hard work, with
the right people, and are firmly of the view that we have negotiated the very best Settlement package
possible for all.
Now is the time to move forward for the betterment of our people, so we don’t leave the grievance to be
carried by future generations.
We therefore strongly recommend that you vote YES to all three resolutions
Nō reira, e rau rangatira mā,
Tēnā koutou, tēnā tātou katoa
Keith Ikin
Chairman - Maniapoto Māori Trust Board
A muri kia mau ki tēnā, kia mau ki te kawau mārō, whanake ake, whanake ake.
OVERVIEW
Since becoming the mandated Iwi authority in December 2016, the Maniapoto Māori Trust Board (MMTB)
have been negotiating a comprehensive redress offer with the Crown for the settlement of all of the Ngāti
Maniapoto historical Tiriti o Waitangi/Treaty of Waitangi claims on behalf of Maniapoto (inclusive of all
within Te Nehenehenui).
Ngāti Maniapoto (Maniapoto) signed an Agreement in Principle with the Crown on 15 August 2017 and
initialled a Deed of Settlement (DOS) on 17 December 2020 (see timeframe diagram on page 5).
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Mangaokewa Reserve 4
TIMEFRAME
PRE NEGOTIATIONS NEGOTIATIONS
Terms of Agreement in Draft Deed of Draft PSGE
Mandate Negotiations Principle Settlement Deed/Charter
December 2016 December 2016 August 2017
Iwi decision required
Now that we have reached the final step in resolving our historical Treaty of Waitangi claims and initialled
a Deed of Settlement (DOS), our people have the opportunity to vote and accept (or not), key kaupapa
aimed to achieve the future aspirations of our whānau, marae and hapū.
The significant kaupapa that will require Iwi ratification are:
Resolution 1 - I approve the Ngāti Maniapoto Deed of Settlement and authorise the signing of the Deed of
Settlement by the Maniapoto Māori Trust Board on behalf of Ngāti Maniapoto.
Resolution 2 - I approve Te Nehenehenui as the Post Settlement Governance Entity to receive, hold and
manage the Treaty of Waitangi historical settlement redress on behalf of Ngāti Maniapoto.
In addition to the above resolutions, another key matter requiring Iwi ratification is;
Resolution 3 - I agree to ratify the constitutional documents of Te Nehenehenui, for the purposes of the Māori
Fisheries Act 2004 and the Māori Commercial Aquaculture Claims Settlement Act 2004 and agree it should
replace the Maniapoto Māori Trust Board as the Ngāti Maniapoto Mandated Iwi Organisation and Iwi Aquaculture
Organisation for the purposes of those Acts.
Voting will open from Monday 5th July and close Monday 16th August to all those that affiliate to
Maniapoto, or are direct descendants of Maniapoto tūpuna and are aged 18 or over (see full claimant
definition on page 15). Note that you do not have to be registered on the Maniapoto Māori Trust Board
Tribal Register to vote.
Approval of the Deed of Settlement
As noted earlier, now that MMTB have completed negotiations with the Crown and initialled the Deed
of Settlement on 17 December 2020, our people have the opportunity to vote as to whether or not they
agree with the final settlement redress package proposed, as detailed in the initialled DOS.
Since the deed of settlement was initialled on 17 December 2020, several matters have been finalised.
This has resulted in an updated deed for the Maniapoto claimant community to vote on - different to that
initialled on 17 December 2020.
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POST
LEGISLATION SETTLEMENT
Ratification
Initial Deed Deed of Transfer of
of Deed of Legislation
of Settlement Settlement Settlement
Settlement and
(IDOS) (DOS) Assets
PSGE
December 2020 Early-Mid 2021 Mid-End 2021 2021 / 2022 2022
Iwi decision required
If the initialled DOS is ratified, joint Ministers need to be satisfied that sufficient support has been
demonstrated by Maniapoto. If satisfied, the DOS will then be signed by MMTB trustees (as the mandated
authority on behalf of Maniapoto) and the Minister for Treaty of Waitangi Negotiations (on behalf of the
Crown).
Below are our principles, objectives and aspirations that have guided MMTB’s approach to achieving the
best possible outcome for our people.
Te Mana Whatu Āhuru - Principles
1. Mana Atua – that the worldview of Ngāti Maniapoto is upheld and sustained in our rohe
2. Mana Tangata – that our whakapapa connections to each other reaffirm and sustain our
capacity to be productive and prosperous, to assert our worldview wherever we may be
3. Mana Whenua – that we have the capacity to exercise and sustain our responsibility as
kaitiaki in our rohe at all levels
4. Manaakitanga – the capacity to exercise a generosity of spirit
Te Aronga a Ngāti Maniapoto – Our objectives
1. Kotahitanga – a process and outcome that seeks to assert a united aspiration for the Iwi
2. Te Mana o Maniapoto – a settlement that upholds the values and principles of Ngāti Maniapoto
3. Te Whare o te Nehenehenui – a vision which builds on the foundation of our tūpuna,
a Whare for our Iwi, hapū and whānau to be productive, prosperous, and sustainable
4. Te Rohe Pōtae – our ambition to achieve mana motuhake in conjunction with our neighbours
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Ngā Wawata – our aspirations
We aspire for a settlement that:
1. In line with the Waitangi Tribunal’s recommendation, to remedy the prejudice suffered as a
result of the Crown breaches, ensures legislation is passed that “recognises and affirms” and gives
practical effect to Te Ōhākī Tapu, and provides for the practical exercise of mana whakahaere.
2. Will achieve the collective aspirations of Ngāti Maniapoto me ōna hapū maha and:
a) support our economic opportunities
b) invest in the capacity of hapū and Iwi
c) sustain our cultural purpose; and
d) lift our social objectives
3. Enables and supports kaitiakitanga
4. Manages and protects our wāhi tapu and other special places
5. Tells our story
6. Identifies commercial opportunities
7. Recognises the importance of Ngā Wai o Maniapoto
8. Ensures agreements are entered into with Crown agencies that give proactical effect to Te Ōhākī
Tapu and provide for the practical exercise of mana whakahaere. (Discussed in Ahumania:
relationship redress section, page 28).
77This information booklet:
• Provides an overview of the proposed DOS package that will settle all Maniapoto historical Tiriti o
Waitangi /Treaty of Waitangi claims;
• Provides an overview of the proposed Post Settlement Governance Entity (PSGE) including
representative model and structure;
• Provides an overview of the disestablishment of the MMTB and MFT, and transfer of Maniapoto
assets and liabilities to the PSGE;
• Provides an overview of the Mandated Iwi Organisation (MIO) and Iwi Aquaculture Organisation
(IAO) transfer;
• Outlines the ratification process, providing a list of Frequently Asked Questions (FAQ’s) and
appendices that include more detail on the settlement redress.
This booklet has been prepared to provide whānau with the opportunity to understand details of what the
DOS and proposed PSGE looks like. The MIO / IAO status will also be explained, ensuring our people have
been given enough time to ask pātai, share whakaaro and make fully informed decisions when voting.
VOTING
A voting paper, a unique identifier number and this ratification information booklet (which includes
instructions on how to vote) has been posted to those registered on the Maniapoto Tribal Register.
Online voting will also be made available, as well as special voting forms for those not registered on the
Maniapoto Tribal Register, but are eligible and still wish to vote. Voting must be cast through one of the
formal processes. Informal votes by show of hands or other means will not be accepted.
The Crown will decide if the number of valid votes returned demonstrates sufficient support to go ahead
with both the DOS, PSGE and transfer of MIO and IAO status. The number of votes matters, not just how
many agree. Therefore, it is very important that everyone takes the opportunity to have a say and vote.
Voting methods
All Maniapoto registered adult members (aged 18 years or older) can vote via:
• E-vote (online via MMTB Website at www.maniapoto.iwi.nz)
• Post (using the enclosed free-post envelope)
• Ballot box in person (available at the ratification hui)
Voting period
There will be a 6 week voting period.
Voting opens on 5th July 2021 and closes at 12 noon on 16th August 2021.
Hui dates located are on the cover page and will be advertised at least three weeks prior to the opening
of the voting period.
8RATIFICATION
“Ratification” is the process of seeking formal consent or support from our people for the DOS, PSGE and
MIO/IAO transfer to the PSGE. The ratification process involves the following:
• During the Treaty settlement negotiations a series of information hui were held;
• Distribution of information on the DOS and proposed PSGE, (including this booklet);
• Distribution of information on the disestablishment of the MMTB, consolidation of Maniapoto entities
into the PSGE and the transfer of the MIO/IAO status (including this booklet);
• A series of information hui are being held during ratification;
• Voting by postal vote, electronic vote or individual ballot at the hui; and
• Voting by special vote, subject to whakapapa verification, and registration of individuals not already
registered with Maniapoto.
Resolutions
As a reminder, you will have the opportunity to vote on the following resolutions:
Resolution 1 - I approve the Ngāti Maniapoto Deed of Settlement and authorise the signing of the Deed of
Settlement by the Maniapoto Māori Trust Board on behalf of Ngāti Maniapoto.
Resolution 2 - I approve Te Nehenehenui as the Post Settlement Governance Entity to receive, hold and
manage the Treaty of Waitangi historical settlement redress on behalf of Ngāti Maniapoto.
Resolution 3 - I agree to ratify the constitutional documents of Te Nehenehenui, for the purposes of the
Māori Fisheries Act 2004 and the Māori Commercial Aquaculture Claims Settlement Act 2004 and agree it
should replace the Maniapoto Māori Trust Board as the Ngāti Maniapoto Mandated Iwi Organisation and Iwi
Aquaculture Organisation for the purposes of those Acts.
It is your right to make a decision on our future by voting and having your say. This is a significant time
for our people and everyone’s vote counts. We encourage whānau to attend hui, tune in to our live Q&A
sessions via the MMTB Facebook page, check out the ratification section on the MMTB website and read
through the initialled DOS and PSGE Trust Deed, prior to voting. The ratification hui presentation will also
be available to view on the MMTB Website.
DOS Deed of Settlement MMTB Maniapoto Māori Trust Board
9 IAO Iwi Aquaculture Organisation MIO Mandated Iwi OrganisationELIGIBILITY TO VOTE
Maniapoto means those individuals who descend from a Maniapoto tupuna such as Rereahu and his
children, or Hiaroa or Rakataura. Legally adopted or whāngai are also eligible to vote (see page 15 for full
claimant definition).
All registered adult members (aged 18 years or older) on the Maniapoto Tribal Register can vote. Registered
members who turn 18 years old during the voting period are also eligible to vote.
Special Vote
If you are not registered you can still vote by way of special vote using a special voting pack. You will
need to complete a registration or verification form (which verifies your whakapapa and eligibility to
vote). Special votes can be cast at any of the ratification information hui or by contacting the independent
election company (Electionz at iro@electionz.com). For your special vote to be counted, your registration
or verification must be confirmed. You will not need to register on the MMTB Tribal Register to cast a
special vote but you will be required to fill in a whakapapa verification form to vote.
You can access a special voting pack either by:
• going online at www.maniapoto.iwi.nz
• visiting the MMTB Office (49 Taupiri St, Te Kūiti) who will assist you with contacting Electionz for a
voting pack
• attending the ratification hui or
• contacting the Independent Returning Officer (IRO) from Electionz on freephone 0800 666 045
or iro@electionz.com
Special votes will have whakapapa verified by the whakapapa validation committee before being counted.
Please note, if you are not registered and do not wish to do so, you are still able to participate in the voting
process by casting a special vote.
Even though they will not be eligible to vote at this time, we encourage you to register all whānau including
tamariki and mokopuna under 18 years old.
Personal voting details, and all votes, are treated with the strictest confidence.
All voting papers will be destroyed 90 days after the close of voting.
IRO Independent Returning Officer
MMTB Maniapoto Māori Trust Board 10RATIFICATION INFORMATION HUI
To help you make an informed decision on the DOS, PSGE Trust Deed and MIO / IAO transfer, we will
be holding fifteen ratification information hui during July/August 2021 across the motu. We strongly
encourage you to attend one or more of these hui. These hui will be an opportunity for you to come
along and find out more about the proposed DOS, PSGE Trust Deed and MIO / IAO transfer, ask pātai
and discuss matters together. You can also cast your vote using your voting papers or the special vote
process at the ratification hui.
We strongly encourage you to attend at least one ratification hui (if you are able), before casting your vote.
All ratification hui will be publicly notified in relevant local daily newspapers and MMTB communication
platforms. No resolutions will be sought at the hui, but anyone who wishes to cast a vote may do so in
accordance with the voting procedure.
Independent (Crown) observers from Te Puni Kōkiri (TPK) will be invited to attend each hui to observe and
take notes of any questions asked and comments made. This will assist officials when reporting to Ministers
about the ratification process and results. Crown observers will not be able to answer any queries at
the hui.
Some of these hui will be livestreamed via the MMTB Facebook page and available to watch at any time,
following the hui.
11What happens if the Deed of Settlement is ratified?
The voting process is run by an independent company – Electionz.com. The Independent Returning
Officer (IRO) will authenticate all votes received.
The IRO will provide the results to MMTB and the Crown. The Office for Māori Crown Relations - Te Arawhiti
(Te Arawhiti) and TPK will report to the Minister for Treaty of Waitangi Negotiations and the Minister for
Māori Development who will decide whether the results show sufficient support for the DOS, PSGE and
MIO / IAO transfer.
If the Crown is satisfied that the voting results show there is sufficient support for the Maniapoto DOS,
PSGE and MIO / IAO transfer, representatives of Maniapoto and the Minister for Treaty of Waitangi
Negotiations on behalf of the Crown will sign the DOS.
Sufficient support is not specified under Crown policy, but a number of factors are considered, such
as the percentage of the members that voted and the percentage of voters that voted in favour of the
resolutions.
If the Maniapoto DOS, PSGE and MIO / IAO resolutions are ratified;
- The DOS will be signed by MMTB on behalf of the Iwi. This is a binding document and will be a
significant day for our people.
- The PSGE will also be formally established.
- The settlement legislation will disestablish the MMTB, the PSGE will replace MMTB as the MIO and IAO
and all Maniapoto assets and liabilities will transfer to the PSGE.
Settlement legislation to implement the relevant elements of the Deed of Settlement will subsequently
be introduced to Parliament. The legislative steps generally take around 12 - 24 months to complete
(depending on the priorities of Parliament) and will include a Select Committee Process.
For any enquires relating to the Deed of Settlement, PSGE Trust Deed or MIO / IAO transfer contact us
at tiriti@maniapoto.co.nz
MMTB Maniapoto Māori Trust Board
DOS Deed of Settlement MIO Mandated Iwi Organisation
IAO Iwi Aquaculture Organisation PSGE Post Settlement Governance Entity 12
IRO Independant Returning Officer TPK Te Puni KōkiriDEED OF
SETTLEMENT
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13 Te Kotahitanga MaraeDEED OF SETTLEMENT
The settlement redress agreed by MMTB and the Crown is recorded in the initialled DOS and available to
view via the MMTB website. No Treaty settlement will ever fully compensate Maniapoto for the historical
claims and grievances against the Crown or the mamae we have endured for generations. However, we
consider this settlement the first step in mending the relationship with the Crown.
The DOS comprises of:
• Historical Redress including an Historical Account, Crown Acknowledgements and Apology;
(outlined from page 19)
• Raurunui: Cultural Redress including properties, relationship and natural resources redress (from
page 25); and
• Tahuarua Me Te Paepaekura: Financial and Commercial Redress (from page 30).
Who is the settlement for?
The settlement is for all members of Maniapoto, that is, persons who descend from a Maniapoto tupuna
such as Rereahu and his children, Hiaroa or Rakataura. (Please refer to page 15 for the full claimant
definition). All members of Maniapoto are entitled to benefit from the settlement whether they live within
or outside of the rohe. A full list of Wai claims that will be settled can be found on page 49, Appendix One.
What claims will be settled?
If the DOS is ratified by Maniapoto, it will mean all Maniapoto historical Treaty of Waitangi claims against
the Crown will be settled through legislation. The settlement will mean that members of Maniapoto will
not be able to make further claims to the Waitangi Tribunal or the Courts in respect of Maniapoto historical
Treaty of Waitangi claims. A full list of Wait claims that will be settled can be found on page 49, Appendix
One.
Claims which relate exclusively to Maniapoto will be settled in full. Other claims, which include a non-
Maniapoto element, will only be settled in part, in so far as they relate to Maniapoto. This allows the non-
Maniapoto element of those claims to be settled by another Treaty settlement group/s.
The settlement does not take away the rights of members of Maniapoto to make claims to the Waitangi
Tribunal or the Courts based on Crown actions or omissions after 21 September 1992, nor does it affect
the existence of customary rights.
The resolution you are being asked to vote on in relation to the DOS is:
I approve the Ngāti Maniapoto Deed of Settlement and authorise the signing of the Deed of Settlement by the
Maniapoto Māori Trust Board on behalf of Ngāti Maniapoto.
We strongly encourage you to vote YES to this resolution.
Full copies of the DOS are available online via the MMTB website www.maniapoto.iwi.nz. Hard copies are
also available at the MMTB office and limited copies will be available at the ratification hui noted on the
inside cover page.
DOS Deed of Settlement
IAO Iwi Aquaculture Organisation MMTB Maniapoto Māori Trust Board
IRO Independant Returning Officer MIO Mandated Iwi Organisation 14CLAIMANT DEFINITION
As per clause 9.5 of the Initialled Deed of Settlement, Maniapoto includes individuals who descend from
a Maniapoto tupuna. Clause 9.6.2 defines Maniapoto tupuna as:
(i) Rereahu, a descendant of Hoturoa the commander of the Tainui waka; or
(ii) his children
(I) Te Ihingarangi; or
(II) Maniapoto; or
(III) Matakore; or
(IV) Tūwhakahekeao; or
(V) Tūrongotapuārau; or
(VI) Te Io Wānanga; or
(VII) Kahuariari; or
(VIII) Kinohaku; or
(IX) Te Rongorito; or
(iii) two contemporaries of Hoturoa also associated with the Tainui waka, namely:
(I) Hiaroa; or
(II) Rakataura; or
(iv) a recognised ancestor of any of the groups listed in paragraph 9.6.3(a); and
(b) exercised the customary rights in paragraph 9.6.2(a) predominantly in relation to the area of
interest after 6 February 1840.
15Ngā Toronga o Maniapoto means:
(a) every whānau, hapū, Iwi or group composed of individuals who descend from a Maniapoto
tupuna including:
(i) Ngāti Hari; or (xxviii) Ngāti Taimainu; or
(ii) Ngāti Hinewai; or (xxix) Ngāti Taiwa; or
(iii) Ngāti Hounuku; or (xxx) Ngāti Tauhunu; or
(iv) Ngāti Huiao; or (xxxi) Ngāti Te Ihingarangi; or
(v) Ngāti Kahu; or (xxxii) Ngāti Te Kanawa; or
(vi) Ngāti Kaputuhi; or (xxxiii) Ngāti Te Rahurahu; or
(vii) Ngāti Kinohaku; or (xxxiv) Ngāti Te Rukirangi; or
(viii) Ngāti Kiriwai; or (xxxv) Ngāti Te Urupare; or
(ix) Ngāti Mangu; or (xxxvi) Ngāti Toa-Tūpāhau; or
(x) Ngāti Matakore; or (xxxvii) Ngāti Tupu; or
(xi) Ngāti Ngāupaka; or (xxxviii) Ngāti Tūtakamoana; or
(xii) Ngāti Ngāwaero; or (xxxix) Ngāti Tūwhakahekeao; or
(xiii) Ngāti Paemate; or (xl) Ngāti Uekaha; or
(xiv) Ngāti Pāhere; or (xli) Ngāti Unu; or
(xv) Ngāti Pare; or (xlii) Ngāti Urunumia; or
(xvi) Ngāti Parekaitini; or (xliii) Ngāti Waikorara; or
(xvii) Ngāti Paretāpoto; or (xliv) Ngāti Waiora; and
(xviii) Ngāti Parewaeono; or (b) the following groups who affirm historical and
contemporary affiliations with other Iwi:
(xix) Ngāti Peehi; or
(i) Ngāti Hinemihi ki Petania; or
(xx) Ngāti Pourāhui; or
(ii) Ngāti Ngutu; or
(xxi) Ngāti Putaitemuri; or
(iii) Ngāti Paiariki; or
(xxii) Ngāti Raerae; or
(iv) Ngāti Paretekawa; or
(xxiii) Ngāti Rereahu; or
(v) Ngāti Rākei; or
(xxiv) Ngāti Rewa; or
(vi) Ngāti Rangatahi; and
(xxv) Ngāti Rōrā; or
(c) Ngāti Apakura, including Ngāti Hinetū, as huānga,
(xxvi) Ngāti Ruapuha; or being a group who maintain their identity while
affirming their whakapapa and other historical
(xxvii) Ngāti Rungaterangi; or
connections to Maniapoto.
Please note, this also includes legally adopted and whāngai adopted members.
16
See Appendix One for a full list of Wai Claims included in the DOS.Maniapoto Area of Interest 17
18
BACKGROUND
The first section in the DOS is the background section. The background section provides context to
the settlement from a Ngāti Maniapoto perspective. This is also where matters that are not settlement
matters can be discussed (e.g. historical Maniapoto hapū).
HISTORICAL REDRESS
The historical account that follows is a comprehensive account of the interaction and relationship between
Maniapoto and the Crown that gave rise to breaches of Te Tiriti o Waitangi/the Treaty of Waitangi and its
principles. The historical account also provides a basis for the Crown acknowledgements and apology.
Next, the Crown acknowledgements recognise these breaches and the losses, resentment and grief
suffered by Ngāti Maniapoto. There are several unique aspects of the Crown acknowledgements. Notably,
this is the first time the Crown has made concessions about inequality in access to state pensions and
conscription.
Finally, in the apology, the Crown, by expressing its regret and unreserved apology, lays a foundation for
settling the historical claims of Ngāti Maniapoto.
19HISTORICAL ACCOUNT SUMMARY
This section is an agreed account of the historical relationship between Ngāti Maniapoto (Maniapoto;
all inclusive within Te Nehenehehui) and the Crown since the signing of Te Tiriti o Waitangi on 6th
February, 1840. The full historical account is over 60 pages and is set out at the start of the DOS.
A summary of the historical account is set out below:
In 1840, Ngāti Maniapoto rangatira signed Te Tiriti o Waitangi/the Treaty of Waitangi. They represented
a strong, independent Iwi with expanding trade connections among the growing Pākehā population. In
the 1850s, Ngāti Maniapoto became committed supporters of the Kīngitanga. Ngāti Maniapoto took up
arms in its defence in 1863 when Crown forces invaded the Waikato and also had previously sent forces
to fight in Taranaki.
Under the leadership of Rewi Maniapoto and others Ngāti Maniapoto fought Crown troops in several
engagements, including at Meremere, Pāterangi and Ōrākau. Ngāti Maniapoto people were also present
at the unfortified village of Rangiaowhia when Crown forces attacked and non-combatants were killed.
After Ōrākau, Ngāti Maniapoto were forced to withdraw across the Pūniu River. Many Ngāti Maniapoto
lives were lost during the conflict and the Crown confiscated land at the edge of their rohe. Despite these
hardships, Ngāti Maniapoto welcomed into their rohe those who had been displaced by the conflict and
extensive confiscation in Waikato and Taranaki, including King Tāwhiao. This put significant strain on their
resources.
After the war, Ngāti Maniapoto established an aukati around their territory to preserve their rangatiratanga
and mana motuhake over their remaining land. No Pākehā could pass into these lands without permission.
During this time, rangatira continued to seek the Crown’s recognition of their authority over their land.
Between 1883 and 1885, the Crown and Ngāti Maniapoto negotiated Te Ōhākī Tapu. This was a series of
agreements and assurances through which Ngāti Maniapoto sought Crown recognition of their mana
whakahaere over their lands and peoples, and in return agreed to lift the aukati and allow the construction
of Te Ara-o-Tūrongo (part of the North Island main trunk railway) to proceed through their territory.
Following the survey of the main trunk railway, the Native Land Court began to hold hearings in Te Rohe
Pōtae. Ngāti Maniapoto resisted and then strove to influence court processes while the court converted
their tribal territory into individualised land holdings. In 1890, the Crown began to purchase these
individual interests. The Crown’s aggressive purchasing tactics eventually overcame the opposition of
many Ngāti Maniapoto to land sales.
In 1904, Te Kawenata o Ngāti Maniapoto, a document which emphasised tribal unity based on the
preservation of their Māoritanga and Ngāti Maniapoto rangatiratanga, was signed. Ngāti Maniapoto
entered the twentieth century with the same determination to preserve their authority that had marked
their previous engagement with the Crown.
Ngāti Maniapoto tried to develop their economy and what land they had managed to retain. However,
individualisation of land tenure and statutory provisions for the administration of Māori land in the
twentieth century made this difficult. Despite purchasing large tracts of land, the Crown compulsorily
took significant areas for public works, including the Tokanui Mental Hospital and Waikeria Prison. By
1935, only 24% of land in Te Rohe Pōtae remained in Māori ownership. The New Zealand economy has
benefited greatly from the exploitation of resources in the Maniapoto rohe, which has suffered much
environmental damage.
Since 1840, Crown acts and omissions have had a severe impact on the social and economic well-being
of the Iwi as well as their tribal identity. In the face of this, Ngāti Maniapoto have persistently called for the
maintenance and recognition of their rangatiratanga and mana whakahaere, guaranteed to them by Te
20
Tiriti o Waitangi/the Treaty of Waitangi and Te Ōhākī Tapu.KI NGĀ WHĀNAU O TE NEHENEHENUI;
NGĀ KAUMĀTUA, NGĀ PAKEKE ME NGĀ
MOKOPUNA,
KUA TAE TE WĀ.
21 Maniaroa MaraeCROWN ACKNOWLEDGEMENT SUMMARY
Through the Maniapoto Deed of Settlement, the Crown will make a number of acknowledgements to Ngāti
Maniapoto about its historical breaches of the Treaty of Waitangi. A full list of these acknowledgements is
set out in the initialled deed and includes acknowledgements in relation to:
• The Waikato Wars, including occupation of lands in which Ngāti Maniapoto had interests, killing of
non-combatants and gratuitous looting and destruction of Ngāti Maniapoto property;
• The Crown’s labelling of Ngāti Maniapoto as “rebels” and the confiscation of Ngāti Maniapoto
lands, as well as the significant social and economic strain the Crown caused Ngāti Maniapoto by
failing to provide for refugees displaced by war and confiscations;
• The Crown’s breaches of the promises in Te Ōhākī Tapu including that it would extend the powers
of Native Committees, that it would only acquire as much land for the railway as would be needed
for its construction, that it would apply no pressure on Ngāti Maniapoto to sell land they wished to
lease and that it would provide for Ngāti Maniapoto to sell or lease land in an open market;
• The operation and impact of the Native Land Laws and the costs of the Native Land Court;
• The lack of compensation provided to Ngāti Maniapoto for land taken for the railway south of the
Pukenui block;
• The Crown’s imposition of monopoly powers, general payment of unreasonably low prices to Māori
for their land and use of aggressive purchasing tactics, in the 1890s and early-1900s;
• The Crown’s administration of Native Townships, land development schemes and consolidation
schemes;
• The compulsory vesting of land in the District Māori Land Board under legislation that required the
Board to sell some of that land without the consent of the owners;
• The Crown’s use of public works and other forms of compulsory takings to take particular lands
from Ngāti Maniapoto;
• The Crown’s compulsory acquisition of uneconomic interests within the Ngāti Maniapoto area
of interest and the purchasing of individual interests in land despite the collective decision of
landowners;
• The Crown’s imposition of conscription on Ngāti Maniapoto soldiers during the First World War;
• The discrimination suffered by Ngāti Maniapoto through receiving lower pensions than other New
Zealanders; and
• The Crown’s failure actively to protect Te Reo Māori and promote its use amongst Maniapoto.
• The Crown acknowledges and pays tribute to the Ngāti Maniapoto contribution to New Zealand’s
twientieth century war efforts, including military service during the South African War, both World
Wars, the Korean War, and the Vietnam War.
22CROWN APOLOGY
Another aspect of the Settlement is the formal apology to Maniapoto by the Crown for breaches of Te
Tiriti o Waitangi. The Crown Apology is intended as a means of addressing the mamae previously inflicted
on our people by the Crown. The full crown apology is set out below:
To Ngāti Maniapoto me ōna hapū maha, to your tūpuna, your rangatira, your kaumātua, your
tamariki and mokopuna, ki a koutou katoa o Te Whare o Te Nehenehenui, the Crown delivers this
long overdue apology. Nō te Karauna te tino hē [the Crown was at great fault].
The Crown is truly sorry for its many breaches of te Tiriti o Waitangi/the Treaty of Waitangi and
its principles. The Crown especially apologises for failing to uphold Te Ōhākī Tapu, through
which Ngāti Maniapoto had sought to establish a relationship with the Crown in which your mana
motuhake would be respected. I takahia te mana o Te Ōhākī Tapu [the mana of the Ōhākī Tapu was
transgressed].
The Crown profoundly regrets its horrific and needless acts of war and raupatu, which have caused
you and your hapū inter-generational suffering. Instead of respecting your mana whakahaere, the
Crown killed and injured your people, and pillaged your land and property. Nowhere did you fight
with more courage and tenacity than at the battle of Ōrākau. However, you were labelled as “rebels”
by the Crown and left to care for the many refugees seeking your shelter. Kei te nui te aroha [Great
was your generosity].
Following the wars, you established an aukati or puru to protect your mana motuhake. The Crown
regrets that, instead of respecting you, it placed a kapua taimaha, a heavy cloud of pressure, upon
Ngāti Maniapoto to induce your people to open up your lands to Te Ara-o-Tūrongo, part of the North
Island main trunk railway, and European settlement. Despite the Crown’s hara or wrongdoings, you
wanted to plant a tree of goodwill, tētahi rākau pai. You were willing to trust the Crown and entered
into Te Ōhākī Tapu. I whakapono koutou ki ngā kī tapu a te Karauna [you trusted the Crown’s solemn
words].
23The Crown regrets that it quickly disregarded the solemn promises in Te Ōhākī Tapu it had made
to you and sincerely apologises for breaching them. Instead of respecting your mana whakahaere,
the Crown prevented you from managing your lands as you saw fit. The Crown promoted Native
land laws that led to the award of your tribal lands to individuals and aggressively acquired huge
areas of your rohe. I rarara ngā ringaringa raweke a te Karauna [The meddling hands of the Crown
spread out].
The Crown apologises for the devastating long-term prejudice its acts, omissions and violations of
Te Ōhākī Tapu and te Tiriti have caused you. Ngāti Maniapoto did not receive the economic benefits
from Te Ōhākī Tapu that the Crown had led you to expect. As a result, your hapū and whānau have
faced significant socio-economic deprivation and lived in worse conditions than non-Māori. You
were prevented from reaching your full social and economic potential and had to fight to maintain
your Maniapoto identity and language. I rawa kore a Ngāti Maniapoto, i whara nui tō reo me ō
tikanga [Ngāti Maniapoto were impoverished and your language and customs greatly affected].
The Crown broke your trust and the whakaoati made to your tūpuna. The Crown now seeks to
make amends for the wrongs it has committed against you. He rapu murunga hara tēnei [this is
to seek atonement]. The Crown looks forward to the future and forging a renewed and enduring
partnership with Ngāti Maniapoto in accordance with the spirit of Te Ōhākī Tapu and based on Te
Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown commits to working with you
in good faith to revitalise and rebuild Ngāti Maniapoto me ōna hapū maha. In the words of your
great rangatira Wahanui:
Hanga paitia tatou kia piri ai ki te piringa pono…
[Let us conduct ourselves in a proper way so that we may be bound together by a bond of faith]
24
24RAURUNUI: CULTURAL REDRESS
The cultural redress package intends to recognise our traditional, historical, cultural and spiritual
associations with places and sites owned by the Crown within the Maniapoto area of interest.
A number of options have been developed in negotiations to recognise Maniapoto interests including
vesting of land, official place name changes, Statutory Acknowledgements and Deeds of Recognition,
Overlay Classifications and relationship agreements with government agencies. The number and size of
cultural sites being returned to Maniapoto also makes this one of the largest settlements in relation to
cultural redress. More information on these can be found in the Appendices section from page 49 of this
booklet.
As a starting point negotiators sought to have all land within our rohe returned. The next aim was to
ensure land that covered as much of our rohe as possible was returned.
Vesting of Land
A number of significant sites will be transferred to Maniapoto as cultural redress, subject to certain
conditions. This is to protect the existing values in the land, such as public access or conservation, and
to protect existing third party rights.
Further detail is availble under Cultural redress properties and areas on the following page. The settlement
redress map on page 17-18 also outlines the proposed redress properties.
36 Site Transfer Properties (2,218.92 ha)
The following sites will be transferred to Maniapoto in fee simple:
1. Haurua (site of Te Puna o te Roimata, the occasion where Maniapoto confirmed their support for
Pōtatau Te Wherowhero as the first Māori king);
2. Te Kūiti Pā Railway Yard Carpark (site next to Te Kūiti Pā);
3. Mangapehi Railway Station.
There are 29 scenic reserves and one recreational reserve. These sites become the management and
administration responsibility of the PSGE (Te Nehenehenui), as owners, and transfer with any current
encumbrances (e.g. Scenic Reserve or Recreation Reserve status). In addition, three properties will be
shared with Ngāti Hāua.
Vesting and gift-back of Te Ara o Tūrongo
This relates to the vesting of Te Ara o Tūrongo (the main trunk railway line within the Maniapoto Area of
Interest) to the PSGE (Te Nehenehenui) and gift back to the Crown.
North Island Main Trunk Railway (NIMT) Line
Maniapoto has agreed with Kiwirail and New Zealand Railways Corporation (NZRC) the installation of
information panels at key locations, and a record of statements of association about historical associations.
The New Zealand Geographic Board has also agreed to change the name of that part of the NIMT through
the Maniapoto Area of Interest to “Te Ara-o-Tūrongo”. An RFR property on railway land is also included in
the redress package.
25 PSGE Post Settlment Governance EntityCULTURAL REDRESS
PROPERTIES AND AREAS
Maniapoto will receive cultural redress over 70 sites and the marine and coastal area, totalling
approximately 346,389.82 hectares (ha) plus a statutory acknowledgement over the Crown owned
portions of waterways within the Maniapoto Area of Interest. These are:
(a) 2 Overlay Classification Sites (49,624.94 ha)
An overlay classification gives a high degree of recognition and acknowledges the traditional,
cultural, spiritual and historical association of Maniapoto with certain sites of significance
overland managed by the Department of Conservation (DOC). The declaration of an area as an
overlay classification requires the Crown to acknowledge Iwi values in relation to that area.
(b) 29 Statutory Acknowledgements (289,609.29 ha)
A statutory acknowledgement recognises the spiritual, cultural, historical and traditional
association between Maniapoto and a particular site or area and enhances our ability to
participate in specified resource management processes. Importantly, this includes a Statutory
Acknowledgement of our coastal area, as well as a Statutory Acknowledgement over all the
named waterways within our rohe, something which no other iwi has achieved through their
settlement.
(c) 3 Deeds of Recognition (as well as the above Statutory Acknowledgements) (4,985.13 ha)
A deed of recognition obliges the Crown to consult with our people on specified matters
and have regard to our views regarding our special associations with certain areas.
See Appendix 2 (page 53) for a comprehensive list of cultural redress properties outlined above.
OFFICIAL PLACE NAME CHANGES
The change in name of certain geographic features and Crown protected areas provides visible recognition
of Maniapoto in our area of interest. Fourteen official place name changes are outlined in Appendix 3
(page 57).
26
26Return of Taiaha Maungārongo
Wahanui gifted this taiaha to Native Minister, John Ballance in 1885 as a token of reconciliation and the
withdrawal of the aukati. Maungārongo was supposed to be housed in Parliament but has been in the
care of Otago Museum. Maungārongo will be displayed in Parliament for five years after which it will be
returned to Maniapoto.
Tairuturutu – Taiaha o Haware
This taiaha is suspected to be in Canterbury Museum and the Crown have agreed to write a letter of
introduction to the Canterbury Museum introducing Maniapoto and indicating our desire to explore it’s
return.
Placement of pouwhenua – Te Kauri Park Scenic Reserve
Placement of a pouwhenua at Te Kauri Park Scenic Reserve (Kāwhia), by agreement with DOC.
OTHER CONSERVATION REDRESS
Co-author a Maniapoto place-based chapter in the Waikato Conservation Management Strategy
The DOS will also give Maniapoto the right to co-author a chapter in the Waikato Conservation Management
Strategy with the Department of Conservation (DOC). A decision-making framework will be agreed for
decisions under Part 3B (concessions) of the Conservation Act 1987.
Effect of Maniapoto Environmental Management Plan (EMP)
Formalising the effect of the Maniapoto EMP in DOC functions.
Decision-making framework regarding Public Conservation Land
Formalising a decision-making framework that applies to decisions under Part 3B (concessions) of the
Conservation Act 1987.
A concession means;
(i) a lease; or
(ii) a licence; or
(iii) a permit; or
(iv) an easement—(in respect of any activity) granted under Part 3B; and
includes any activity authorised by the concession document
EMP Environmental Management Plan DOS Deed of Settlement
DOC Department of Conservation PSGE Post Settlement Governance Entity
27
27AHUMANIA: RELATIONSHIP REDRESS
Relationship redress involves relationship agreements with Crown agencies that gives effect to Te Ōhākī
Tapu; a framework set out in 1883 by our tūpuna that provides for the practical exercise for kāwanatanga
and mana whakahaere.
These agreements seek to engage with agencies at all levels, from the Minister, Chief Executive,
management, and staff level. As well as the principles outlined earlier on page 6, these agreements seek
to ensure that the Crown fulfils its Tiriti o Waitangi Article 3 obligations through:
Co-governance/co-management: Collaborating with agencies in a practical approach to co-governance/
co-management as it relates to agency functions and decisions that may affect Maniapoto whānau.
Co-design: working with agencies to co-design work programmes and services to achieve improved
outcomes for our people.
Co-investment: Partnering with the Crown to co-invest in kaupapa that will support the achievement of
our aspirations.
Data: Agreeing on the metrics of wellbeing for Maniapoto as it relates to the agency’s functions, collating,
analysing, and monitoring the required data. Data sovereignty and data custody protocols are to be
applied also.
Relationship Redress Summary
• One Protocol, 11 Relationship Agreements with a total of 19 agencies;
• One Letter of Relationship with Land Information New Zealand;
• Four Letters of Introduction to four agencies;
See Appendix Four (page 58) for a list of agencies and type of relationship agreement.
28
28RAUMAIROA: NATURAL RESOURCES
REDRESS
Natural Resources Redress includes:
Ngā Wai o Maniapoto
(a) Along with the Statutory Acknowledgements noted earlier on page 26, there will be a statement of
significance over Ngā Wai o Maniapoto. A statement of significance records the historical, cultural,
and spiritual importance of the site to Maniapoto.
(b) Objectives and Guiding Principles for Ngā Wai o Maniapoto which will link to the Joint Management/
Relationship Agreements with local authorities (see below).
(c) Amendment of Ngā Wai o Maniapoto (Waipa River) Act 2012—to include artificial waterways in the
definition of waterways in the upper Waipā River catchment.
Relationship agreements with local authorities
The relationship redress instruments with local government authorities are outlined below.
Joint Management Agreements (‘JMA’) - our current JMA will be extended into Area M as per Appendix
Five. The local government authorities are Waikato Regional Council, Waitomo District Council and
Ōtorohanga District Council.
Local Government Authority relationship agreements - Relationship agreements with Manawatū-
Whanganui Regional Council, Ruapehu District Council and Taranaki Regional Council for Area N as per
Appendix Four.
Exclusive Economic Zone
Provision has been made for the recognition of Maniapoto existing interests in the Exclusive Economic
Zone (‘EEZ’) out to 17.4 Nautical Miles (NM). This is in recognition of Maniapoto rangatira Wahanui’s
assertion in the 1880’s of Maniapoto interests 20 nautical miles out to sea.
Kāwhia Harbour negotiations
There is recognition that cultural redress in relation to Kāwhia Harbour will be the subject of future
negotiations.
Te Awa Tupua – Whanganui River
Acknowledgement of Maniapoto interests and participation in Te Awa Tupua (Whanganui River Claims
Settlement) Act 2017.
CFL Crown Forest Lands
DSP Deferred Selection Properties MOE Ministry of Education
EEZ Exclusive Economic Zone NM Nautical Mile
JMA Joint Management Agreements PSGE Post Settlement Governance Entity
29 LINZ Land Information New Zealand RFR RIght of First RefusalTAHUAROA ME TE PAEPAEKURA
FINANCIAL AND COMMERCIAL REDRESS
This redress acknowledges the losses suffered by Maniapoto arising from breaches by the Crown of
its Tiriti o Waitangi obligations. Financial and commercial redress is a combination of cash and rights.
The rights include the ability of Maniapoto to do things in the future, benefiting not only the current
generation, but our future generations to come, such as the option to purchase specific Crown-owned
properties for a specified period following settlement.
The total financial redress for Maniapoto is $165,000,000 plus any interest accrued (at the Official Cash
Rate) from the date of signing the Agreement in Principle to the day before the settlement date. By
the settlement date we estimate the total financial redress (including accumulated interest and rentals
on Crown Licenced Forests) to be approximately $177,000,000, making this one of the largest treaty
settlements by dollar value. Commercial redress includes properties that we have the right to purchase
using the total financial redress, i.e. properties made available by the Crown for the PSGE to purchase at
current market value, on behalf of Maniapoto.
Commercial redress also includes Crown Forest Lands (CFLs) and the following mechanisms:
1. Deferred Selection Properties (DSPs); and
2. Right of First Refusal (RFR).
These are discussed further below.
Crown Forest Licensed Land (CFLs)
The PSGE will have the right to purchase four Crown forest land sites, a total of 4,146 ha. As well as that,
58,946 New Zealand Units (under the Emissions Trading Register) will transfer with the properties (with
no charges or fees) into the ownership of the proposed PSGE. The PSGE will receive accumulated rentals
of approximately $5.5 million, and continue to receive approximately $16,000 per annum across the four
properties). See Appendix Six on page 60 for details.
Deferred Selection Properties (DSPs)
The DSP provides an option for the PSGE to purchase a number of properties over a two year period
following Settlement date. Any purchase will be subject to due diligence including an agreed valuation,
using a prescribed process. DSPs include:
- 32 Land Information New Zealand (LINZ) Treaty Settlement Land bank properties and 1 Ministry of
Justice property totalling 1,102.99 ha
- LINZ Treaty Settlement Land bank property of about 80 ha of the former Tokanui Hospital site and
part of the Tokanui Village. A staged DSP will be triggered in four tranches as site remediation
works are completed. Remediation (clean up) of the site by the Crown will be at the Crown’s own
cost (not at the cost of Ngāti Maniapoto). This is estimated to cost the Crown additional tens of
millions. Maniapoto is engaging with LINZ over the proposed demolition and remediation works.
The Tokanui area is of great cultural significance to Maniapoto. The Crown’s compulsory acquisition
of the site caused Maniapoto much hurt, including the loss of a tūrangawaewae, the destruction of
wāhi tapu including ancestral burial sites, and the loss of resources and opportunities for economic
development. The site is part of 1,194 hectares of Māori land taken under the Public Works Act in
301910 for the Tokanui Hospital. This was by far the largest public works taking in the Maniapoto rohe
and was strongly opposed by Maniapoto. The Crown has acknowledged that acquisition of the land
was a Treaty breach. This settlement is unique in that it is the first settlement to require the Crown
to remediate a property before it is made available for purchase.
- Five school sites, three of which have schoolhouse sites. These are land only purchases that will
then be leased back to the Ministry of Education (MOE) or the School’s Board of Trustees, who will
still own the buildings. A total of 9.13 ha. Please note the Board of Trustees only own the school
house sites. See Appendix Seven, page 60 for details.
Right of first refusal (RFR)
The RFR provides a right of first refusal for the PSGE to purchase listed properties (if they become surplus
to requirements) from the Crown over the next 177 years. This includes Crown properties within that part
of our Area of Interest where there are no overlaps with neighbouring Iwi or groups. There is also a right
of first refusal for an extensive list of Crown properties within the area overlapped with neighbouring Iwi
or groups.
Waikeria Prison
The Crown acknowledges that Maniapoto have interests in Waikeria Prison. An RFR currently exists for
Waikeria Prison in favour of Ngāti Raukawa, who can only exercise the RFR with Maniapoto consent.
Landcorp Farms
Maniapoto will have a Right of First Offer (ROFO) in the event that Landcorp decides to dispose of the
two Landcorp farms within the Maniapoto Area of Interest. The ROFO operates similar to a RFR. These
Landcorp farms are listed in Appendix Eight, page 62.
AgResearch farm
The Minister of Science and Innovation and the Minister of Finance has declared AgResearch’s 335.14ha
of Tokanui Research Dairy Farm surplus and, subject to any offer back provisions under section 40 of
the Public Works Act, AgResearch intends to offer a RFR to purchase the property to the PSGE though a
conditional Sale and Purchase Agreement or some other similar instrument.
MMTB DISESTABLISHMENT AND
TRANSFER OF MANIAPOTO ASSETS AND
LIABILITIES TO THE PSGE
In order to streamline the management of both Treaty settlement assets and fisheries and aquaculture
assets, it is proposed existing Maniapoto entities be consolidated through the settlement legislation. This
means that on settlement date, all assets for the MMTB and the MFT will lose their charitable status and
their assets will be transferred to Te Nehenehenui. The MMTB and the MFT will be wound up (and cease
to exist).
Te Nehenehenui will become the new MIO and IAO for Maniapoto under the Māori Fisheries Act and
the Māori Commercial Aquaculture Claims Settlement Act. Te Kupenga will remain the asset holding
company for the fisheries/aquaculture assets held by Maniapoto, its charitable status will be removed and
the company will be transferred to the PSGE. This is discussed further on page 43.
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