Framework

Introduction

The Hauraki Collective Framework Agreement records the intentions of the Crown and the Hauraki Collective regarding the negotiations process.

Both the Crown and the Iwi of the Hauraki Collective expects the other to comply with the terms as set out in the Hauraki Collective Framework Agreement

This Framework Agreement is non-binding and does not create legal relations

Summary of Hauraki Collective Framework Agreement

The Hauraki Collective Framework Agreement is split into three main parts:

  1. Historical Account, Crown Acknowledgements and Crown Apology
  2. Cultural Redress
  3. Financial and Commercial Redress

Historical Account, Crown Acknowledgements and Crown Apology

The Historical Account, Crown Acknowledgements and Apology are fundamental to the settlement between the Crown and the Hauraki Collective. The Deed of Settlement will contain an agreed Historical Account that will outline the historical relationship between the Crown and the iwi of the Hauraki Collective including individual agreed historical accounts.

The Crown will acknowledge, in the Deed of Settlement, that certain actions or omissions of the Crown were a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles and the Crown will then offer an apology to the Hauraki Collective iwi.

It is envisaged the Deed of Settlement will include the Treaty breach acknowledgements made during the Hauraki Inquiry, including:

  • the application of the confiscation policy in respect of land in East Wairoa and central Waikato (Maramarua) was unjust and was in breach of the principles of the Treaty;
  • It had a Treaty duty of active protection to ensure that there was sufficient land holding retained by Hauraki Māori for their future sustenance and growth and that its failure to ensure they retained possession of adequate land constituted a breach of the principles of the Treaty of Waitangi; and
  • The Crown acknowledges that Crown purchasing contributed to the overall landlessness of Hauraki Māori and this failure to ensure retention of sufficient land holding by Hauraki Māori constituted a breach of the principles of the Treaty of Waitangi.

It is envisaged the Deed of Settlement will include the Treaty breach acknowledgements made during Stage I of the Tauranga Moana Inquiry, insofar as they relate to the Hauraki region, including:

  • perceptions of rebellion and the subsequent confiscation of lands;
  • the failure to provide reserves;
  • and certain public works takings.

Cultural Redress

Recognition of sites of significance

Maunga

The Crown and the Hauraki Collective acknowledge:

  • the iwi of the Collective believe Te Aroha and Moehau maunga are fundamental to their identity on account of their high ancestral, spiritual and cultural significance and desire for the maunga to be transferred to the Hauraki Collective; and
  • the Crown considers the maunga to have significant public importance and high conservation value.

The Crown and the Hauraki Collective will explore the most appropriate way in which to recognise the interests of the Hauraki Collective in these maunga as well as any other Crown-owned maunga of high ancestral, spiritual and cultural significance within the Hauraki region.

Motu

The Crown and the Hauraki Collective will explore the most appropriate way in which to recognise the interests of the Hauraki Collective over the Crown-owned motu of high ancestral, spiritual and cultural significance within the Hauraki region.

Sites of significance

The Crown and the Hauraki Collective will explore redress options in respect of an agreed list of sites of high ancestral, spiritual and cultural significance to the Hauraki Collective and individual iwi, including wāhi tapu, where those resources are Crown-owned, within the Hauraki region.

Co-governance arrangements

Co-governance of public conservation land

The Crown and the Hauraki Collective will explore iwi aspirations for co-governance arrangements over public conservation land in the Hauraki region.

Co-governance of Waihou and Piako Rivers

The Crown and the Hauraki Collective acknowledge that the Hauraki Collective is seeking co-governance of the Waihou and Piako Rivers with the Waikato Regional Council.  Following the signing of this Framework Agreement, the Crown and the Hauraki Collective will explore, in consultation with local authorities, the Hauraki Collective’s aspirations and possible arrangements for increased involvement in the governance or management of the Waihou and Piako rivers and their catchments.

Rivers

The Crown and the Hauraki Collective acknowledge that other rivers in the Hauraki region have high ancestral, spiritual and cultural significance to both the Hauraki Collective and individual iwi of the Hauraki Collective and that the Hauraki Collective seeks appropriate recognition of their interests.

Marine and Coastal Areas

The Hauraki Collective and the Crown acknowledge the spiritual, cultural and ancestral significance of Tikapa Moana and Te Tai Tamahine to the iwi of the Hauraki Collective.

Some issues relating to recognition of Tikapa Moana and Te Tai Tamahine will be discussed between the Hauraki Collective and the Crown.

Issues subject to the Marine and Coastal Area (Takutai Moana) legislation will be addressed between the Crown and the relevant Hauraki iwi, hapū or whānau under that legislation.

Relationship redress

Post-settlement Crown-iwi relationship

The Crown and the Hauraki Collective acknowledge that Te Tiriti o Waitangi/the Treaty of Waitangi is the framework for any future relationship and the future of the Crown/iwi relationship must be based on the principles of the Treaty. The Crown and the Hauraki Collective acknowledge that the Hauraki Collective is seeking to enhance its formal relationship with the Crown as part of their Treaty settlement.

The government is currently considering how best to ensure constructive Crown-iwi relationships following the conclusion of the historical Treaty settlements process and has directed that discussions with any iwi on this issue not be undertaken in the context of Treaty negotiations.

Departmental protocols

The Hauraki Collective and the Crown will explore individual departmental protocols with the following Ministers:

  • the Minister of Energy and Resources;
  • the Minister for Arts, Culture and Heritage; and
  • the Minister of Fisheries.

Promotion of relationship between the Hauraki Collective and relevant local authorities, museums, libraries, art galleries and tertiary institutions

The Hauraki Collective are seeking to enhance their rangatiratanga over their taonga.

The Minister for Treaty of Waitangi Negotiations will write letters to an agreed list of local authorities, museums, libraries, art galleries and tertiary institutions encouraging them to enter into a formal relationship with the Hauraki Collective.

Place name changes

The Crown and the Hauraki Collective will explore the possibility of amending or assigning an agreed list of place names of significance to the iwi of the Hauraki Collective.

Financial and Commercial Redress

Financial Redress

The Crown and the Hauraki Collective will negotiate the financial redress to be offered to the Hauraki Collective.

Crown Forest Licensed land

The Deed of Settlement will provide for the Hauraki Collective to have the right to select for transfer the Crown’s interests in the following Forests:

  • Kauaeranga;
  • Tairua;
  • Whangapoua;
  • Waihou; and
  • Whangamata.

The transfer value of the Crown Forest Licensed land will be offset against the principal financial redress amount.

Athenree Forest

The Crown and the Hauraki Collective will explore the provision of redress in relation to Athenree Crown Forest Licensed land to the Hauraki Collective.

Accumulated Rentals Associated with Crown Forest Licensed Land

The Deed of Settlement will provide for the accumulated rentals associated with the Crown Forest Licensed land selected for transfer. The accumulated rentals are in addition and separate to the financial redress amount.

Process for agreement over Crown Forest Licensed land

The Crown and the Hauraki Collective will explore a process to provide for any apportionment of any Crown Forest Licensed land purchased by the Hauraki Collective, including the associated accumulated rentals, between the iwi of the Hauraki Collective.

Commercial redress properties

Landcorp properties

The Deed of Settlement will provide for the Hauraki Collective to purchase Whenuakite farm which is held by Landcorp Holdings Limited under the Protected Lands Agreement at an agreed transfer value.

Office of Treaty Settlements Landbank properties

The Hauraki Collective and the Crown will explore the ability for the Hauraki Collective to purchase properties held in the Office of Treaty Settlements Landbank within the Hauraki region.

Sale and Leaseback Properties

The Crown will explore the possibility of offering the Hauraki Collective an option to purchase and leaseback an agreed list of core Crown properties.

Transfer of Commercial Redress Properties

The transfer of any Commercial Redress Property to a suitable post settlement governance entity will be on similar terms as in recent Treaty settlements.

Rights of First Refusal

The Deed of Settlement will provide the Hauraki Collective redress in the form of a Right of First Refusal for the period of 170 years in relation to current core Crown properties within the Hauraki region.

The Hauraki Collective and the Crown will explore a Right of First Refusal for the period of 170 years in relation to land currently held by non-core Crown entities.

Other issues for discussion

The Crown and the Hauraki Collective acknowledge that certain other matters which are the subject of historical claims have not yet been discussed in the negotiations and agree to discuss these following the signing of this Framework Agreement.

The Hauraki Collective and the Crown agree that overlapping claim issues over proposed redress will need to be addressed to the satisfaction of the Crown before a Deed of Settlement can be concluded. The parties also agree that certain items of redress provided to the Hauraki Collective as part of the Deed of Settlement may need to reflect the importance of an area or feature to other claimant groups.