Settlement Myth Busting FAQs

Settlement FAQs

On the PSGE and representation by the hapū

1. What is the PSGE?  Why is this so important?
   • A PSGE (Post Settlement Governance Entity) is the entity that will receive the settlement funds and assets on when settlement is supported by Whakatōhea
   • They are responsible for the overarching governance and strategic direction of the funds for Whakatōhea whānau.
   • The proposed name for our PSGE is Te Tāwharau o Te Whakatōhea
   • It will be made up of 16 trustees elected by Whakatōhea

2. What are Establishment trustees and what do they do?
   • Eight Whakatōhea members were selected to be Establishment Trustees. They were selected because of their commitment to Whakatōhea and its hapū over a long period of time.
   • It really important to note that the Establishment Trustee role is a temporary position, they are only in place to do two things:
     1. Sign the Deed of Settlement
     2. Facilitate the election of the Initial Trustees for the PSGE (within 6 months of signing the Deed of Settlement).
   • They will not have any control over the use of the Settlement funds. 
   • The Establishment Trustees cannot be elected as Initial Trustees.

3. What are Initial Trustees and how can I be confident that the election will fair and representative of my hapū?
   • Initial Trustees will be the first Trustees elected on to the Board of Te Tāwharau o Te Whakatōhea, the PSGE
   • The Initial Trustees will be elected by whānau who whakapapa to Whakatōhea
   • The election process will be run by an independent election service
   • The PGSE will be made up of 16 elected trustees:
     1. 12 Hapū representative – 2 from each of the 6 hapū
     2. 4 Iwi representatives – one which must be rangatahi.
   • To be elected a Trustee you must be registered on the Whakatōhea Tribal Register and be over the age of 18 years
   • Only hapū members will elect their hapū representees for Te Tāwharau o Te Whakatōhea
   • Anyone who is of Whakatōhea descent will be able to vote in the election for the Initial Trustees.
      
4. Aren’t there 8 hapū?  Why are there only 6 hapū making up the PSGE?
   • The PSGE Trust Deed (which can be found here) specifically identifies six hapū (Ngai Tama, Ngāti Rua, Ngāti Patu, Ngāti Ngahere, Ngāti Ira, Te Upokorehe).  It this these six hapū that will have representatives on the PSGE.  Your hapū continues to exist after Settlement, just like they were represented under the WMTB and on the WPCT.
   • There is a provision under the Trust Deed to increase the number of hapū, if there is majority support from each hapū in a vote.

On Settlement

1. Don’t we lose all our rights to existing claims under Settlement? 
   • No.  Under the Settlement agreement that we have reached you will continue to be able to have your claims heard through the Waitangi Tribunal.  This is the first time that this has happened.
   • It is important to remember that the Waitangi Tribunal can only listen to our stories, they don’t settle the claims.  Settlement only happens through direct negotiation with the Crown which needs to happen even after a Waitangi Tribunal process.
      
2. Why are we settling now?  Could we have got more money?
   • The Settlement Agreement represents over 115 years of mahi by our tīpuna.
   • No Settlement Agreement will be perfect, what we have achieved is one of the largest and most comprehensive offers ever made by the Crown and most significantly it allows for our claims to still be heard by the Waitangi Tribunal.
      
3. The Settlement Agreement doesn’t take into account my hapū, we get nothing and have no control. How is this fair?
   • The only way hapū can get anything is through a Settlement process.
   • Hapū through their hapū representatives will get control of everything.  It is the hapū representatives on the PSGE who decide together how best to manage the assets coming back to Te Whakatōhea. 
   • The Trustees could decide to distribute whenua and funds directly back to hapū.
      
4. The Settlement Agreement seems to be just about the money, money, money?
   • The Settlement Agreement is about so much more than just about the money. It also returns whenua, secures marine space, sets up the Whakatōhea Kaitiaki Forum and establishes key Crown relationships.
   • It is about re-establishing our mana whenua, mana moana and mana tangata.
      
5. How come we have not got back all of our whenua and sites of significance eg Te Tarata?
   • The Crown is unable to return private land under the Settlement Agreement, as is the case with Te Tarata.
   • However, with the Settlement redress Whakatōhea will be in a position to purchase significant blocks of whenua, like Te Tarata when this comes up for sale if this is a decision the PSGE/Iwi wants to make.

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