Our Settlement Journey

1992

WAI87 submitted.

1994

Whakatōhea starts direct negotiations with the Crown.

1996

Offer of $40m made to Whakatōhea.

1998

Offer withdrawn and negotiations cease.

2007

Te Ara Tono developed by Whakatōhea Raupatu Working Party.

2012–2016

Tu Ake Whakatōhea Collective established and developed Whakatōhea Mandate Strategy.

2016

Whakatōhea vote accepts mandate strategy and WPCT established.

2017

WPCT engage in direct negotiations with the Crown.

Agreement in Principle signed and Waitangi Tribunal Mandate Inquiry held.

2018

Waitangi Tribunal finds Crown breach and recommends vote to check support for continuing with Settlement process.

2019

Waitangi Tribunal District Inquiry commenced.

Minister of Treaty Negotiations approves for Settlement negotiations to continue in parallel with District Inquiry.

2020

Meet with claimants.

PSGE mahi commence.

Komiti whiriwhiri work commences Place name changes & Historical account.

Minister Little visit.

Valuations mahi commences.

PSGE working party and hui a rohe workshops commence.

Hui a rohe update share shape of PSGE and online feedback.

Iwi neighbour hui – overlapping area of interest

Final shape of PSGE developed and shared at Hui a rohe.

2021

Te Tāwharau o Te Whakatōhea name for PSGE announced.

Minister shares Open Letter with Te Whakatōhea.

Historical Account completed.

Waitangi Tribunal Priority Hearing & Recommendations.

Iwi neighbour hui – overlapping area of interest.

Negotiations completed.

Deed of Settlement initialled.

Petitions objecting to Settlement received.

2022 — WE ARE HERE:

Communication & Engagement with petitioners.

Information Zui.

Whakatōhea first attempted to settle the historical Whakatōhea raupatu claims against the Crown in the 1990’s. For over 25 years our Kaumātua have waited for another opportunity to settle our historical Tiriti o Waitangi claims.

In October 2016, the Whakatōhea Pre Settlement Claims Trust (WPCT) was set up to progress Treaty settlements with the Crown. In 2022, we will likely be proceeding with a vote to decide whether settlement will be supported. The Trust collectively represents about 15,000 whānau, and has representation from marae, hapū and the Whakatōhea Māori Trust Board. The Trust believes this settlement will bring us together and is an opportunity for our people to have a brighter, healthier, more prosperous future.

And we are almost there. We initialed the Deed of Settlement in 2021 worth more than $100m, one of the largest Settlements ever negotiated.

The proposed Settlement for Whakatōhea will provide the tools and a platform for our iwi to realise our aspirations for a prosperous future for our mokopuna. While no Settlement can ever fully compensate Whakatōhea for the wrongs done to our iwi, this is a great foundation for building a better future.

Stages of the Settlement Process

During May 2020 the Agreement in Principle was established. Since then we have been working toward a Deed of Settlement. With the support of whānau we are hoping to ratify (approve) the Deed of Settlement by the end of 2022.

But there have been many stages along the way for us to get where we are today. Following is a step by step guide on every stage of this journey, our journey, and an explanation as to what each stage means.

THE PRE-MANDATE STAGE

For the purposes of our settlement, the Whakatōhea claimant group encompasses the whakapapa of the descendants of Muriwai and Tūtāmure and those members (uri) who affiliate to one or more of the hapū and marae o Whakatōhea.

In 2010, Ngāti Ira, Ngāti Ngāhere, Ngāti Rua and Ngāti Patumoana regrouped to consider the next steps in settling our historic claims against the Crown. This grouping of hapū became known as the Tu Ake Whakatōhea Collective.

The Collective sought assistance from the Whakatōhea Māori Trust Board (Trust Board) to engage with iwi members of Whakatōhea. They sought to find the most appropriate way to provide a mandate to a representative entity to negotiate the settlement of the historical claims on behalf of Whakatōhea.

  • Over the course of six years the Collective undertook preparation and drafting of a mandate strategy document, which outlined:
  • our history as an iwi, the names of our marae and hapū
  • our common ancestry and traditional boundaries
  • a description of how people would be nominated and elected to represent the claimant group through the establishment of a pre-settlement claims trust, and
  • how approval would be sort from the claimant group to represent them in negotiations.

In November 2014, a draft mandate strategy was presented to the iwi for feedback and submissions. A total of 146 submissions were received, with 122 in support, five in partial support and 19 opposing. Changes were made to reflect submitters’ comments where agreed.

The mandate strategy was presented again for submission between 22 December 2014 and 13 February 2015, followed by another round of feedback in November 2015.

A further meeting was undertaken with the Crown, the Collective and those that opposed. After considering the issues raised in submissions on the draft mandate strategy, the Collective decided to finalise the strategy and submit it to the Crown. The Crown endorsed the final mandate strategy on 13 April 2016.

Photo of the initialling of the AIP in Paremata

DEED OF MANDATE

On 3 June 2016 the voting process was completed and a resolution for the establishment of the Whakatōhea Pre-settlement Claims Trust was supported by 91.6% of Whakatōhea members. The nomination, election and appointment process was undertaken for six hapū trustees to be elected, eight marae representatives to be chosen, and one representative from the Whakatōhea Māori Trust Board to be appointed. On 16 July 2016, the Whakatōhea Pre-Settlement Trust was formed.

On 16 December 2016, the Minister for Treaty of Waitangi Negotiations and the Minister for Māori Development recognised the mandate the Whakatōhea Pre-Settlement Trust had to negotiate a settlement on behalf of our iwi and hapū. This was a huge milestone for the Trust and for Whakatōhea.

TERMS OF NEGOTIATION

The Trust signed our Terms of Negotiation on 17 December, 2016. This document sets out the ground rules for our negotiations with the Crown. It describes what the claimant group and the Crown want to achieve as they enter into direct negotiations. These terms of negotiation are non-binding.

You can read the Terms of Negotiation document here. View Here »

CROWN OFFER

On 5 August 2017 at Waiaua Marae, the Crown presented a comprehensive Settlement offer to Whakatōhea. This would become the basis for the Agreement in Principle we would sign with the Crown later that month.

You can view the Whakatōhea Crown Offer here. View Here »

AGREEMENT IN PRINCIPLE

The Trust and the Crown signed our Agreement in Principle (AIP) for Whakatōhea in August 2017 in Wellington. It was an historic day for our iwi.

This document shows the redress that will be agreed to in the final settlement. It is not a legally binding document and does not describe what Whakatōhea will get in detail. Before signing this document the Trust consulted our people on the draft AIP. Now our AIP has been signed, the document is public, and anyone can read it to see the kind of settlement we, and the Crown, are proposing.

You can view the Whakatōhea Agreement in Principle (19MB) here. View Here »

DEED OF SETTLEMENT

We have now initialed the Whakatōhea Deed of Settlement. The only action now left to do is the process of ratification where you, as uri of Te Whakatōhea, get to vote on whether to accept the Deed of Settlement.

For an overview of the Deed of Settlement. View Here »

Otherwise, all the information you need to know about the Settlement is housed on this website and will be posted out to you by way of a ratification brochure when we get closer to the voting period.

Here is a link to the full Deed of Settlement Settlement – View Here »

RATIFICATION

Now that the Deed of Settlement has been initialled, we’ll soon be in the ‘ratification’ process where you will get to vote on whether or not to approve the settlement.

All who whakapapa to Whakatōhea will have time to consider the settlement package on offer, ask questions, and ultimately vote on the Deed of Settlement and the Post Settlement Governance Entity

  • Any whānau who whakapapa to Whakatōhea and are 18 years +, has the right to vote and have their say on the Settlement
  • You’ll have six weeks to cast your vote
  • There will be a round of ratification hui where you’ll be able to learn more about the Settlement and ask any pātai you may have

Initialling the Deed of Settlement
  • STAGE ONE
      NEGOTIATION AND AGREEMENT
    • Our claimant group chooses who will represent them in negotiations.
  • STAGE TWO
      NEGOTIATION AND AGREEMENT (WHERE WE ARE NOW)

      Our Iwi representatives and the Crown negotiate the settlement.Key milestones include:

    • Signing an Agreement in Principle (AIP) – the framework for the settlement (COMPLETED AUGUST 2017
    • Initialling a Deed of Settlement (iDOS)
    • Ratification process – voting on the proposed Deed of Settlement and Post-Settlement Governance Entity (PSGE).
    • The claimant group must agree to the proposed settlement before moving to the next stage. The Crown decides if the ratification voting shows ‘sufficient support’ for the settlement to go ahead. IT’S YOUR DECISION.

  • STAGE THREE
      LEGISLATION

      If ‘sufficient support’ is received, the Settlement goes through the lawmaking process, including:

    • The Settlement is introduced to Parliament as a Bill
    • The Bill goes to the Māori Affairs Select Committee and is open for public submissions
    • The Bill goes through the Second and Third Readings in Parliament, and receives the Royal Assent, becoming law (the Settlement Act)
    • The claimant group receives a letter confirming that the Settlement has been made law and is complete.
  • STAGE FOUR
      IMPLEMENTATION

      The Crown and the claimant group work together to make sure everything agreed in the Deed of Settlement happens, including:

    • Final steps in the set up of the PSGE and Trust Deed, and the election of Trustees
    • The redress package is transferred to the PSGE within an agreed amount of time, usually 40 working days after the settlement becomes law
    • All other arrangements detailed in the agreement are implemented.

No. They are two different entities who are responsible to Whakatōhea members. The Whakatōhea Pre Settlement Claims Trust or WPCT, has been chosen by Whakatōhea whānau to negotiate with the Crown to reach a Settlement. The Whakatōhea Māori Trust Board or WMTB, are responsible for the management of the Tribal Database and current Whakatōhea assets. Once Settlement is reached, these 2 entities will likely combine into one. This is called the Post Settlement Governance Entity or PSGE. What the PSGE will look like is currently being researched.

Both organisations serve the same membership, te Iwi o Whakatōhea, and trustees are elected by their respective hapū (and marae in the case of WPCT). Some hapū/marae have elected the same person to represent them in both forums.

Yes, the Crown has recognised the WPCT mandate to negotiate the Settlement following the initial Iwi wide vote in 2016 and the Iwi wide vote to continue negotiations following the Mandate Inquiry. The Crown also agreed to allow Whakatōhea to continue with a Tribunal Inquiry process after the Settlement process is completed. This is the first time this has been allowed.

Representatives from each hapū actively participated in the processes that led to the establishment of Whakatōhea Pre-Settlement Claims Trust. The Trust has representation from each hapū and all marae (except Roimata).

No. There are 25 claims relating to Whakatōhea listed in the AIP. An Iwi Settlement always settles the claims made on behalf of the members of that Iwi. The majority of the claimants wanted to have a Waitangi Tribunal hearing and that outcome has been delivered. The Settlement process will settle the grievances of the Iwi (also known as the claimant community) and the Iwi decides who represents them in this process.

When Whakatōhea began the Settlement negotiation process in the 1990s there was only one claim: Wai87. This was essentially an iwi-wide claim. However, anyone is able to submit a claim to the Waitangi Tribunal, and since the 1900s a number of people have put in additional claims on behalf of different whānau and hapū. The Whakatōhea negotiations are being done on behalf of the Whakatōhea claimant community and include whānau, hapū, and the iwi claims that sit within our rohe.

Ngāti Muriwai were recognised in the granting of land for the Opape Native Reserve. They were not included as a hapū when the Whakatōhea Māori Trust Board was established in the 1950s. Some argue they are a part of Ngāti Rua and should be recognised as such.

Dates have not been set for the remaining stages however, we are in the middle of compiling the ratification strategy on the AIP. Once this has been completed, likely end of June 2020, then Whakatōhea will once again be given the opportunity to vote on whether the Settlement should be accepted. If Whakatōhea decides to accept the Settlement, it will be given effect through legislation. If we continue on our current path we could have the chance to ratify (vote on) the Deed of Settlement before the end of October 2020. If we decide not to continue with the current negotiations, then it is likely that more time will be required for a Treaty Settlement to be completed. It is safe to say that if this is our decision, a Settlement will likely not be achieved for at least 10 years.

The Mokomoko whānau have already worked with the Crown. They have received two pardons and had the last one statutorily recognised to restore Mokomoko’s mana. The whānau participated within the Te Urewera inquiry process and achieved a recommendation for an education fund. They continue to engage directly with the Crown. Contrary to what has been reported, the Whakatōhea Pre Settlement Claims Trust have always supported ongoing engagement between the Crown and the Mokomoko whānau. While Mokomoko was a raNgātira of Whakatōhea and is central to our history of raupatu, the whānau suffered much and should be able to negotiate reparation for their tīpuna.

MACA is the Marine and Coastal Area Act also known as the Takutai Moana Act. A consent has been applied for over the 5000ha marine space to ensure that it is protected against other commercial users. While that application sits, no-one else will be able to gain a consent over that area. The Settlement does not affect Takutai Moana claims. The AIP states on pg. 69 that: 1.4 To avoid doubt, the Settlement of the historical claims of Whakatōhea will not affect applications by iwi, hapū or whānau of Whakatōhea for the recognition of protected customary rights or customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011. This statement is very clear.

The financial value of the Settlement exceeds $100million which is one of the top ten that have been negotiated and in the top three on a per capita basis. This is not necessarily where the true value of the Settlement is. In commercial terms the prospective value of the sea space that has been secured has a potential to dwarf the number value set out within the Settlement. In social terms, the number of jobs that will be generated will ensure that our people can return home and prosper. We could also develop our own infrastructure to support them, as our tīpuna sought to do. In cultural terms, the Settlement itself will equip the Iwi to assert huge authority and influence over and within our rohe in a practical expression of mana whenua and mana moana.

There are only six Iwi Settlements with a greater value than this offer. Most of those Settlements are for iwi with much greater populations than ours at approximately 15,000 (as at April 2020) e.g. Waikato-Tainui (40,083), Ngai Tahu (54,819), Tuhoe (34,887), Ngāti Porou (71,049) – Source: 2013 Census figures. Note also, these iwi have achieved their Settlements, without going through a Tribunal Inquiry.

There is no aquaculture farm in the world that is bigger than the space that has been allocated for Te Whakatōhea. We have now managed to lock this down for Whakatōhea. The Settlement will assist us in turning the space into something significant for our people and ensure our intergenerational development. With the recent announcement about funding for the Harbour entrance and the Mussel factory the aquaculture space will be able to be fully developed.

It is a document that sets the strategy and priorities for the Department of Conservation as to how the area will be managed over the next ten-year period. The Conservation Management Strategy covers the Bay of Plenty region, however we will get a Whakatōhea specific chapter within that document as it relates to our land. In this respect, we would co-author the chapter which sets the strategy and the priorities within our rohe. We do this as equals rather than as a group to be consulted. Our chapter is about the things we want to achieve within our rohe and ensures an effective level of control over these lands.

The education fund is an endowment fund. This means that the fund, and any income made off investing it has to be directed to education purposes. In our view, the fund should be invested and distributions made solely out of the income. This would ensure that it would not only be there forever, but that it would also grow.

We also prioritised a relationship with the Tertiary Education Commission as capacity building is vital to realising the benefits of development. If we train people but can’t create jobs, we just export them to other places. If we create jobs, but our people don’t have the skills we end up importing labour.

The cultural revitalisation fund has been put together on the basis that we need to support the Marae and that the Marae would get 500k each. An additional $1 million would also be available to support the cultural strategy.

The main blocks of Māori land left in our hands are within the Opape Native Reserve and Hiwarau Reserve. Development opportunities are constrained by a lack of capital so we had to find a way to support new developments of our land blocks.