Titi Tihu – who led the Whanganui River Maori Claim from 1936 until his death in 1988 at the age of 103, pictured speaking at Ngapuwaiwaha Marae, Taumarunui

 

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.

Key elements for the Awa Tupua Claim:

OVERARCHING VISION

1. Te Awa Tupua mai i te Kahui Maunga ki Tangaroa

2. Ko au te Awa ko te Awa ko au

Ensure that the care, protection, management, use and development of Te Awa Tupua:
Enhances and protects the health and wellbeing of Te Awa Tupua and the Iwi
Accords with the principles, values, kawa, tikanga and matauranga of Whanganui Iwi
Involves Whanganui Iwi in a primary role in planning, management and regulation
For the benefit of:
the environmental, cultural and spiritual health and wellbeing of Te Awa Tupua;
the cultural, environmental, social, political and economic development of Whanganui Iwi; and
Aotearoa

SETTLEMENT FRAMEWORK

The settlement framework proposed by Whanganui Iwi comprises three key elements:

Te Mana o te Awa
Te Mana o te Iwi
Development Redress

Te Mana o te Iwi
Health and wellbeing of the Iwi fundamentally interconnected with the Health and wellbeing of Te Awa Tupua
Redress directed to the social, cultural, political, physical and spiritual health and wellbeing being an important aspect of the settlement

Te Mana o te Awa
Iwi have a primary role in planning, management and regulation relating to Te Awa Tupua
seeks to maintain and restore the health and wellbeing of the Awa
Work alongside Crown and local government
Restore balance (Mana Tupuna - Mana Kawana)
Develop mechanisms for Governance and Management of Te Awa Tupua

Development Redress
Equitable development package – compensation for:
Historic use of resources
Acts and omission by or on behalf of the Crown

PROCESS FOR NEGOTIATIONS

STEP1

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 & 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

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 We Are 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

Whanganui 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