Christopher Finlayson, Pita Sharples
14 February, 2014
Ministers recognise mandate for Ngāpuhi negotiations
All Ngāpuhi members will be entitled to vote in elections for representatives to the independent mandated authority that
will negotiate the iwi’s historical Treaty settlement with the Crown, Treaty of Waitangi Negotiations Minister
Christopher Finlayson and Minister of Māori Affairs Dr Pita Sharples announced today.
The Ministers today said they have recognized the mandate of Tūhoronuku to negotiate as an independent mandated
authority for the settlement of the claims of the country’s largest iwi, Ngāpuhi. Tūhoronuku will become a separate
legal entity from Te Rūnanga a Iwi o Ngāpuhi, and new elections will be held for its governance board.
“Ngāpuhi has been going through a lengthy and robust mandating process since 2009, the longest and largest in the
settlement process to date,” Mr Finlayson said. “Around 60 hui were held, including 20 hui in the lead up to the formal
mandate ballot in August and September of 2011 throughout NZ and in Australia. 76% of those who participated in the
ballot were strongly in favour of granting a mandate to negotiate to Tūhoronuku.”
“After reviewing this process and taking into consideration the advice of our officials we came to the conclusion that
Tūhoronuku, the entity seeking a mandate, has conducted this process fairly and in good faith allowing all members of
Ngāpuhi the opportunity to have their say and demonstrated sufficient support for the mandate.
“As a result of feedback through this process Tūhoronuku has modified its proposed structure to increase hapū
representation, and how the mandated group will make decisions. It will also be separated from the Rūnanga and be
governed independently by a new board which will be freshly elected.
““For these reasons and complying with the requirement for the Crown to also act in good faith, the Crown has recognised
the mandate of Tūhoronuku to negotiate a settlement of the historical Treaty grievances of Ngāpuhi.
“As Ministers our decision was based on how the process has been carried out, the opportunities that all Ngāpuhi members
have been provided to participate, the views expressed during the mandating process, the ballot carried out in 2011 and
the submissions received in 2013,” Mr Finlayson said.
“Ngāpuhi is the largest iwi and is likely to receive one of the largest settlements,” Dr Sharples said. “A Ngāpuhi
settlement will have a major impact on Māori both in the rohe and nationally. We have seen what settled iwi can achieve
and the choices that are then available to them. It is time the members of Ngāpuhi were given the opportunity to
negotiate a settlement on their own behalf and look forward to the opportunities they are able to create for their
members.”
“Tūhoronuku has agreed, as a result of the submissions process to take additional measures to enhance hapū participation
in the negotiation process,” Dr Sharples said. “It has also agreed to consult on post-settlement governance arrangements
at the agreement in principle stage. The Crown is willing to assist by exploring options for providing for the
devolution of redress to iwi/hapu should this be the desire of Ngāpuhi.”
“Ngāpuhi will now have the opportunity to elect their representatives through an independently monitored election
process to the new Tūhoronuku Independent Mandated Authority.”
“While Tūhoronuku will be conducting negotiations for a settlement, the form of the post-governance settlement entity
that will receive settlement assets, and any provisions for devolving those assets to hapū or specific interest groups,
is a decision for members of Ngāpuhi.”
“The background to the mandating process and the reasons for our decision are set out in the attached open letter to all
members of the iwi. The Crown has taken the step of communicating directly with iwi members for two reasons. The iwi has
the largest membership and it is important that all members have the opportunity to understand the reasons why the Crown
has decided to recognise the Tūhoronuku mandate.”
Questions and answers
What changes were made by Tūhoronuku as a result of feedback from iwi members during the mandating process?
The mandating process has been long and comprehensive. The final mandated authority reflects much of the feedback given
during the mandating process. The most significant changes include:
• Tūhoronuku Independent Mandate Authority will be an independent entity, separate from the Rūnanga;
• A majority (15 of 22) members of the Tūhoronuku governance board will represent hapū interests, and
• Only one member will be appointed by the Rūnanga.
What is the difference between Tūhoronuku and the Tūhoronuku Independent Mandated Authority?
Tūhoronuku is an entity made up of Ngāpuhi representatives from across the iwi that have sought to gain a mandate for
Treaty settlement negotiations with the Crown. It has been a sub-committee of Te Rūnanga a Iwi o Ngāpuhi (Rūnanga).
Following recognition of its mandate, Tūhoronuku will separate from the Rūnanga and become the Tūhoronuku Independent
Mandated Authority.
There will be fresh elections of representatives to the authority. All Ngāpuhi will have the opportunity to participate
in the election of new representatives to the Tūhoronuku Independent Mandated Authority.
Further detail is available on the creation of Tūhoronuku and the mandate process they have carried out: http://www.Tūhoronuku.com/store/doc/Ngapuhi_Ourtime_A4_lo-res4.pdf
What are the conditions on recognising the mandate?
The Crown has agreed to recognise of the mandate on the basis that Te Rōpū o Tūhoronuku (Tūhoronuku) meets the following
four conditions:
• provide detailed communication and negotiation plans in the Terms of Negotiation;
• maintain its mandate and provide three-monthly reports to the Crown that include details on how these plans are
being implemented;
• consult the claimant community on post settlement governance entity (PSGE) options at the AIP stage;
• address concerns about the ability of representatives on the Tūhoronuku IMA to appoint proxy representatives to
make decisions on their behalf; and
• ensure there is clarity for neighbouring iwi about who the Tūhoronuku IMA represents.
Which group will control any assets from a settlement?
Tūhoronuku has been recognized as having a mandate to negotiate a settlement on behalf of all Ngāpuhi. It is not the
post-settlement governance entity which will receive the assets from any settlement.
The post-settlement governance entity which will receive settlement assets must be ratified by Ngapuhi. This is a
decision for Ngāpuhi members to make when a deed of settlement is reached. Ngāpuhi members as a whole will decide the
structure of any post-settlement governance entity, and this may include provision for how assets will be devolved to
hapū or specific interest groups.
Ngapuhi is the largest iwi in the country. Can its various claims be dealt through a single negotiation?
Ngāpuhi is a large natural grouping that is not easily dealt with in smaller, component parts because of the overlapping
interests and descent of different groups within the iwi. Those who took part in the mandate ballot were strongly of the
view that this was the way to go forward. The single negotiation will settle all claims. The mandated authority
structure provides for the views and interests of hapū to be represented in negotiations.
How large will the settlement be?
All negotiations are unique. However all Treaty settlements tend to include a historical account, a Crown apology, and
commercial and cultural redress. Ngāpuhi is the largest iwi in New Zealand and the Crown has previously admitted a
number of breaches, and so negotiations offer a significant opportunity for Ngapuhi for economic and cultural
development in the region.
Who will benefit from settlement?
Any settlement will be for the benefit all members of Ngāpuhi wherever they may live.
Will negotiations affect the Waitangi Tribunal’s Northland Inquiry?
The Crown supports the Tribunal hearings continuing in parallel with settlement negotiations in this case. Many Ngāpuhi
have said they wish to continue to have their claims heard by the Tribunal and we agree that is an important aspect of
the reconciliation process.
It is not fair to delay settlement negotiations however. The Tribunal intends to hold 21 weeks of hearings. It currently
proposes to complete the second rotation of hearings (up to the 15th week) in June 2015. The timeframe for the remaining
hearings will likely be determined in 2015.
The advantage for Ngāpuhi is a parallel approach will allow what is being learned through the Tribunal to inform
negotiations, including the historical account of the Crown’s interaction with Ngāpuhi, the Crown’s acknowledgement of
Treaty breaches and the Crown apology.