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NEGOTIATING INTENT

 

In negotiating a settlement Whanganui Iwi and the Crown shall seek to ensure the wellbeing, care, protection, use and development of Te Awa Tupua

 

The Crown recognises that Whanganui Iwi view and treat Te Awa Tupua as a whole, inclusive of the water and all taonga that give Te Awa Tupua its essential life

 

WHAT ARE WE NEGOTIATING

 

Whanganui Iwi and the Crown agree that the scope of the formal negotiations be defined as follows but not limited to:

 

a.     Papa-Tupu-Ora (Land as it relates to Te Awa Tupua)

 

b.    Wai-Mana (Water)

 

c.     Nga-Kirikiri (Gravel Extraction)

 

d.    Te Ara Kauru (Customary Use)

 

e.     Te Uru-Kapa (Recreational Use)

 

f.     Te Ara Putea (Commercial Use)

 

g.    Whakaruru-Tai (Environmental Protection)

 

WHAT WE AREN’T NEGOTIATING

 

Whagnanui Iwi and the Crown have agreed that the following will be excluded from formal negotiations:

 

1.     The extinguishment of customary rights and aboriginal title;

 

2.     What the nature and extent of the Tupuna relationship of Te Awa Tupua is with Whanganui Iwi, hapū and whānau;

 

3.     Land claims issues are to be negotiated by a specific iwi/ hapū grouping or groupings; and,

 

4.     The internal affairs of Whanganui Iwi

 

 

PROCESS FOR NEGOTIATIONS

 

STEP 1 PREPARING CLAIMS FOR NEGOTIATIONS

CLAIMS Crown agrees claims are well founded and confirms claimants are a large natural group

MANDATE Recognise Mandate Minister in Charge of Treaty Settlements (MICOTOWN) and Minister of Maori Affairs

STEP 2 PRE – NEGOTIATIONS

TERMS OF NEGOTIATIONS Agree to ground rules for negotiations of the Claim (MICOTOWN)

CLAIMANT FUNDING Total claimant funding amount approved (MICOTOWN and Minister of Finance)

NEGOTIATING PARAMETERS Decides the Crown’s negotiating parameters (MICOTOWN, Ministers of Finance and                                            Conservations)

STEP 3 NEGOTIATIONS

AGREEMENT IN PRINCIPLE Outlines all the agreed redress proposed for the Deed of Settlement (MICOTOWN and relevant Ministers or Cabinet)

DEED OF SETTLEMENT All details of the final settlement of the claim (Cabinet)

STEP 4 RATIFICATION AND IMPLEMENTATION

RATIFICATION BY CLAIMANT GROUP MEMBERS Sufficient majority to sign deed  (MICOTOWN and relevant Ministers of Cabinet)

GOVERNANCE ENTITY REVIEWED AND ACCEPTED STRUCTURE appropriate to receive settlement assets ratified by claimant group and reviewed by Crown (MICOTOWN and relevant Ministers or Cabinet)

SETTLEMENT LEGISLATION Makes the Deed of Settlement operational where legislation is required to achieve this                                           (Parliament)

LEGISLATION The Office of Treaty Settlements co-ordinates and monitors implementation of the Deed of                                       Settlement

 

 

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