Information on how to vote on the evolved mandate proposal

Ngāpuhi settlement negotiations & the evolved mandate proposal

The first step to progress Ngāpuhi settlement negotiations is to agree to how Ngāpuhi will be represented in negotiations. This is what you will be asked to vote on. Until the people of Ngāpuhi and its hapū support the mandate to speak for Ngāpuhi, negotiations to address He Whakaputanga and the Crown’s Te Tiriti o Waitangi breaches cannot progress. The discussions around ‘who’ will hold this mandate has evolved over the years:

Date Process

2009 Te Rūnanga Ā Iwi O Ngāpuhi (TRAION) takes the lead and establishes Tuhoronuku as a sub-committee

2013 Tūhoronuku is made independent of TRAION and Tuhoronuku Independent Mandated Authority (TIMA) is established as a

separate legal entity

September 2015 Concerns were expressed that the TIMA model didn’t appropriately provide for hapū rangatiratanga (this is supported by the Waitangi

Tribunal)

August 2016 Ngāpuhi engagement group comprising representatives of TIMA, Te Kotahitanga o Ngā Hapū o Ngāpūhi and the Crown provides

recommendations to address concerns – Maranga Mai Final Report, recommendations adopted by all parties and transition

process commenced

Early 2017 TIMA withdraws from transition process

June 2017 Crown withdraws from engagement with Ngāpuhi

Since February 2018

Te Rōpū Tūhono1 have joined together to put forward a new evolved mandate proposal for consultation

Consultation on the evolved mandate proposal (August 2018 – now) Te Rōpū Tūhono (including Minister Little in the first round) has travelled the motu since 10 August 2018 informing Ngāpuhi on the evolved mandate proposal and seeking their feedback. In this time, Te Rōpū Tūhono has received many submissions on the proposal. Following each round of hui, Te Rōpū Tūhono has taken what they have heard and addressed this feedback by updating the proposal. Following round 3 consultation and submissions, Te Rōpū Tūhono will, on 25 October 2018, confirm whether they support proceeding to a Ngāpuhi-wide vote on the evolved mandate proposal. The proposed Ngāpuhi-wide voting process is explained below. Each hapū of Ngāpuhi will also be asked whether they endorse the evolved mandate proposal through a separate process.

1Te Rōpū Tūhono brings together the Crown, the Tūhoronuku Independent Mandated Authority (TIMA) and Te

Kotahitanga o Ngā Hapū o Ngāpuhi (Te Kotahitanga). The members of Te Rōpū Tūhono are: Co Chairs Pita Tipene and Rudy Taylor(Te Kotahitanga), Chair Hōne Sadler and Rāniera Tau (TIMA) and the Minister for Treaty of Waitangi Negotiations, Hon Andrew Little. They are supported by their technical advisors: Willie Te Aho (for TIMA), Jason Pou (for Te Kotahitanga) and David Tapsell (for the Crown).

The proposed process is set out below:

Process steps for evolved mandate proposal

Round 1 10 August – Proposal 1 released OTS

10 August - 6 September Round 1 consultation hui

Round 2 10 September – Proposal 2 released

16 – 23 September consultation hui

Round 3 3 October – Proposal 3 released

12 - 22 October consultation hui

23 October Submissions close

25 October – Te Rōpū Tūhono confirm whether they support proceeding with the proposal. The proposal will then be released online from 5pm on 26 October 2018

Individual member Voting 9 – 14 November - Round 4 Information hui

9 November – 7 December Voting on final proposal

Hapū endorsement process 27 October to 25 November 2018 Hapū advertise hui

12 November – 9 December Hapū endorsement hui

Te Rōpū Tūhono is generally aiming for 75% support from the Ngāpuhi-wide vote and 65% support from Ngāpuhi Hapū (72 of 110 Hapu as identified in the TIMA mandate)

Te Rōpū Tūhono meets to consider final outcomes of voting

Ministers assess whether the evolved mandate proposal has enough support to proceed to negotiations

Why is it important to vote? As a descendant of Rāhiri and a member of a Hapu from the Ngapuhi confederation, you make the ultimate decisions about the direction that Ngapuhi should take. Your vote and that of your whanau is important for this to proceed or not. If the required majority of Ngāpuhi do support then the Ngapuhi settlement will proceed.

If the vote favours the evolved mandate proposal what will happen next?

Subject to Ministerial recognition, the agreed changes will need to be put in place. For any hapū who want to withdraw, they can follow the withdrawal process in the evolved mandate. It will take approximately 4 months to complete that process. For those who remain, they can start refreshing, if need be, their hapū kaikōrero, establishing their Rohe Negotiation Bodies (RNBs) and appointing their RNB negotiators. Once the RNBs are in place, then the hapū through their RNBs can work towards signing off a Terms of Negotiation with the Crown (the Terms of Negotiation sets the parameters for negotiations). After Terms of Negotiation are signed negotiations would commence.

We are here

If the vote rejects the evolved mandate what will happen next?

If the evolved mandate is rejected any settlement with Ngāpuhi and its hapū will not progress any further at this time.

Voting on the evolved mandate proposal To exercise a vote you need to:

1. be Ngāpuhi 2. be 18 years or older 3. be registered to vote (see below)

Registering to vote The proposed voting process has 2 options for voting registration:

1. prior registration on Te Rūnanga Ā Iwi O Ngāpuhi’s iwi register; OR

2. a special voting process requiring confirmation of whakapapa.

For those already registered with Te Rūnanga Ā Iwi O Ngāpuhi: If you are registered with Te Rūnanga Ā Iwi O Ngāpuhi and aged 18 years and over, you will automatically be registered to vote. Voting papers will be sent to you in the week of 5 November 2018. If you do not receive a voting pack (because your contact details have changed) please contact electionz.com to receive a Special Voting pack or ask for a Special Voting pack at any of the Information hui after you have confirmed, with photo ID, that you are on the Rūnanga register. Only one vote from you will be counted. For everyone else: If you are not registered with Te Rūnanga Ā Iwi O Ngāpuhi you will be able to register to cast a Special Vote. To register to special vote please:

1. Fill in a Register to Vote form (you will need to put down some whakapapa information and have a form of photo ID) Registration forms will be available from 26 October. You will be able to get a form by either:

• downloading a form from www.govt.nz/ngapuhi;

• contacting electionz.com on 0800 666 044 or iro@electionz.com or

• picking one up a form from on one of the round 4 information hui

2. Return the completed Register to Vote form to electionz.com

• Completed form will need to include whakapapa information and a copy of

photo ID (if not sighted at hui)

• You can return this form to the Independent Returning Officer at

electionz.com by email, post or at an information hui

3. electionz.com will send you a Special Vote form

• electionz.com will provide this to you online, by post or at an information hui

4. Fill in Special Vote form

• return to electionz.com (online, by post or at an information hui) by 7

December.

How to vote

Whether you are registered with TRAION or register to cast a Special Vote you will need to return your voting papers to electionz.com by 7 December. You will be able to do this:

• online; or

• by post;

• at a round 4 information hui.

At the round 4 information hui you will be able to:

• Register to special vote (you can take away a registration form if you do not wish to

fill it in at the hui)

• Check if you are on the Rūnanga Ā Iwi O Ngāpuhi register

• Receive a Special Voting pack if you are already registered but have lost your voting

pack or your contact details are out of date

• Receive a Special Voting pack if you hand in your special voting Register to Vote

form

• Provide your completed voting from to an independent returning officer.

In terms of your voting, the final evolved mandate proposal will be circulated online from 26

October 2018, but the likely questions you will be asked to vote on are:

QUESTION 1 – Evolved mandate proposal to negotiate a settlement of all Ngāpuhi historical

Treaty of Waitangi claims and Crown breaches against Te Tiriti o Waitangi/The Treaty of

Waitangi.

I support / do not support (please circle) the evolved mandate, as set out in the information

booklet, to represent all of Ngāpuhi including ngā hapū o Ngāpuhi in negotiations with the Crown for

the comprehensive settlement of all Ngāpuhi historical claims and Crown breaches against Te Tiriti

o Waitangi (The Treaty of Waitangi).

QUESTION 2 – Which model do you prefer for Ngāpuhi ki waho i te rohe

representation? [This is for Ngāpuhi who live outside the tribal area.]

Please tick one

only

(1) The Ngāpuhi ki waho i te rohe representatives on the RNBs determining

who their 4 Ngāpuhi ki waho i te rohe on the MaNA will be.

(2) Each of the 4 existing Ngāpuhi ki waho i te rohe regions determine who

their representatives will be on the MaNA (2 from Tāmaki; 1 Wellington and 1

Te Waipounamu).

(3) 8 Ngāpuhi ki waho i te rohe appointed on the MaNA from the Ngāpuhi

Taura Here Advisory Board.

QUESTION 3 – Which model do you prefer for kuia/kaumātua

representation?

Please tick one

only

(1) The Ngāpuhi Kuia & Kaumātua Advisory Board appoints the Kuia and Kaumātua for the MaNA.

(1) Kuia and Kaumātua on the RNBs appoint the Kuia and Kaumātua from

amongst them for the MaNA.

(2) No Kuia and Kaumātua on the MaNA. Hapū will select their Kuia and Kaumātua over the age of 55 to the RNBs only.

QUESTION 4 – Which model do you prefer for Rūnanga representation

on the MaNA?

Please tick one

only

1) No Rūnanga representative on the MaNA.

2) Rūnanga representative be on the MaNA until settlement date with

the settlement legislation being used to transfer the assets from the

Rūnanga to the new PSGE.

FAQs I am not sure if I am registered with Te Rūnanga Ā Iwi O Ngāpuhi, how can I check? You can check with electionz.com at one of the round 4 information hui or by contacting electionz.com on 0800 666 044 or iro@electionz.com.

What happens to my whakapapa information?

All special votes are subject to verification of whakapapa. This verification will be done by a Ngāpuhi whakapapa verification committee using information provided on your Register to Vote form. This information will be held confidentially and destroyed by electionz.com after the vote process is complete. The special voting pack will contain a registration form and a special vote. The special vote (whether cast online, by post or at a hui) will only be counted if your Ngāpuhi whakapapa (genealogy) is confirmed by the whakapapa verification committee when they meet on 9 December 2018. When does voting close? 7 December. Postal votes will count if they have a postal stamp dated 7 December.

Hapū decisions on endorsement of evolved mandate proposal

In addition to an individual vote, a decision will be sought from hapū on whether they

endorse the evolved mandate proposal.

In order to provide evidence of a hapū endorsement decision, hapū are invited to participate

in a formal hapū endorsement decision process. This process will involve at least:

1. A hapū member notifying a hui-ā-hapū to be held between 12 November and 9

December 2018, giving 14 days public notice of hui.

2. Holding the hui-ā-hapū to determine if hapū support the evolved mandate proposal.

3. Hapū making their decision in accordance with their tikanga (vote or otherwise).

4. Hapū, if they support the evolved mandate proposal, determining their preferred

options for representation (or no representation) on the Mandated Ngāpuhi Authority for

(1) Te Rūnanga ā Iwi o Ngāpuhi (2) Kuia and Kaumātua and (3) Ngāpuhi ki waho atu i te

rohe.

5. Submitting to OTS via email, post or website before 12pm on 10 December 2018

attaching:

• Hapū Decision Form (draft attached as Appendix 1) with notice of support or not of

resolution and confirmation of the options (if endorsement is supported);

• Attendance register;

• Signed record/minutes of the hui by the Chair/facilitator of the hui;

• Contact name; and

• Copy of newspaper advertisement

The results of the hapū endorsement process will be considered alongside the results of the

individual vote.

Although OTS will be working to ensure that there is only 1 hui per hapū under this process,

if the same hapū submits a ‘yes’ and a ‘no’ decision on the endorsement with both

submissions meeting the requirements outlined here, then these votes will cancel each other

out. The Technical Advisors will initiate with hapū representatives a mediation process to

see if the hapū can reach an agreed position.

What if hapū do not want to participate in the evolved mandate?

110 hapū of Ngāpuhi are named in the current Deed of Mandate.

If the evolved mandate is supported by Ngāpuhi and recognised by the Crown, then

individual hapū may choose to withdraw from the evolved mandate. This mechanism for

withdrawal was required by the Waitangi Tribunal and detailed in the Maranga Mai Report.2

The Maranga Mai Report withdrawal process has been fully adopted by Te Rōpū Tūhono

and appeared in full in the 2nd and 3rd Te Rōpū Tūhono booklets. This withdrawal process

can be used after the evolved mandate, which will include the new withdrawal clause, has

2 See https://www.govt.nz/treaty-settlement-documents/ngapuhi/ “Maranga Mai final report”

been supported by Ngāpuhi including ngā hapū o Ngāpuhi and recognised by the Crown.

Subject to following the withdrawal process, a hapū wishing to withdraw could complete the

withdrawal process by April 2019.

Hapū who choose to stay in the mandate will also have the opportunity – as proposed by the

Waitangi Tribunal, to appoint, re-elect or re-confirm their hapū kaikōrero.

Further information

If you have any queries regarding this process please contact one of the Technical Advisors

on:

- David Tapsell at david.tapsell@justice.govt.nz

- Jason Pou at pou@tupono.co.nz

- Willie Te Aho at willie.teaho@icsolutions.co.nz

Schedule of Endorsement Information Hui

Date Time Area Proposed Venue

9 November 5.30pm - 7.30pm Whangarei Whangarei Terenga Paraoa Marae

10 November

8.30am - 11am Mangakahia Maungarongo Marae, Poroti

1.30pm - 3.30pm Hokianga Pakanae marae, Waiotemarama Gorge Road

5pm - 7pm Kaikohe Kaikohe RSA

11 November

8.30am -10.30am Whangaroa Whangaroa College, Kaeo

12pm to 2pm Te Pewhairangi Waitangi Copthorne

6pm to 8pm Tamaki ki te Tonga

Holiday Inn Auckland Airport 2 Ascot Rd, Mangere, Auckland

12 November

11am to 1pm Waikato Distinction Hamilton Hotel 100 Garnett Ave, Te Rapa, Hamilton 3241

5.30pm to 7.30pm

Tamaki Alexandra Park Cnr Greenlane West & Manukau Road Greenlane

13 November

8.30am – 10.30am

Wellington Wharewaka, Wellington Waterfront

5.30pm – 7.30pm Whanganui Whanganui Function Centre The Racecourse, Purnell St, Whanganui

14 November

11am to 1pm Invercargill Invercargill

Workingmen’s Club

154 Esk Street, Invercargill

5.30pm to 7.30pm

Christchurch Crown Plaza 764 Colombo St, Christchurch

15 November

11am – 1pm Napier Napier Conference Centre 48 Marine Parade, Napier

5.30pm to 7.30pm

Rotorua Novotel Rotorua Lakeside Lake End, Tutanekai St, Rotorua

-

The 4 steps needed to demonstrate how hapū have made their decision on the evolved mandate

STEP 2 Holding the hui-ā-hapū to decide whether the hapū support the evolved mandate proposal

o Records are to be taken of the hui and the process used at it, in case the process is contested. Hui must have an attendance register and be minuted. Te Puni Kōkiri or OTS can provide an independent record keeper if hapū require.

o The only item of business of the hui-ā-hapū must be making a decision on whether to endorse the evolved mandate including a decision by the hapū on the options for determination.

o Funding will be made available by OTS to support the hosting and facilitation of these hui.

o

STEP 4 Submit to OTS via email, post or website:

• Form – (see draft at Appendix 1. A final version of this form will also be made available online) with notice of support or not of the resolution and confirmation of the hapu decision on the options (if endorsement is supported);

• Attendance register;

• Record/minutes of the hui;

• Contact name; and

• Copy of newspaper advertisement.

STEP 3

Hapū deciding whether to endorse the evolved mandate as per hapū tikanga (vote or otherwise), by deciding on the following resolution at the hui-ā-hapū:

[Hapū name] do/do not endorse the evolved mandate proposal to represent all of Ngapuhi including ngā hapū o Ngāpuhi in negotiations with the Crown for the comprehensive settlement of all Ngāpuhi historical Treaty of Waitangi claims and Crown breaches against Te Tiriti o Waitangi/The Treaty of Waitangi.

o In addition, if hapū endorse the evolved mandate, hapū will be asked to provide their position on Ngāpuhi ki waho i te rohe representation, Kuia/Kaumātua representation and Te Rūnanga ā Iwi o Ngāpuhi representation on the Mandated Ngāpuhi Authority.

o Only members of a hapū may participate in the decision (whether by vote or otherwise). Hapū must provide a kaumātua/kuia to be present at the hui with knowledge of the hapū whakapapa and tikanga to assist any potential participant in confirming their eligibility. If you require support for this, please contact one of the Technical Advisors (contact details below). Funding will be made available by OTS as required.

STEP 1 Any Hapū member notifying a hui-ā-hapū to be held by no later than 9 December 2018, giving at least 14 days public notice of hui, including an advertisement published in a

newspaper and provided to the Office of Treaty Settlements (OTS) to publicise

o We ask that hapū advertise hui ā-hapū at least 14 days in advance and that hui are held between 12 November and 9 December 2018. Hapū decisions on endorsement will be required to be submitted to the Ngāpuhi Team, Office of Treaty Settlements, SX 10111, WELLINGTON; or to ngapuhifeedback@justice.govt.nz and be received before 12pm, 10 December 2018.

Appendix 1: DRAFT HAPŪ DECISION FORM REGARDING ENDORSEMENT OF EVOLVED MANDATE

PROPOSAL – Final form TBC

Name of Hapū & Rohe

Contact person for the Hapū:

Phone: Email Office:

Address (marae/other central location):

Postal address (if different from above):

This form attaches: Please tick to

confirm

- Attendance register

- Record of the hui as signed by the Chair or agreed facilitator

- Copy of newspaper advertisement

Notification of hui given through (please circle all that apply)

Newspaper Public noticeboard Facebook

Mail out Website

Other (please specify):

Hui Location Date

Name of Kuia/Kaumātua verifying whakapapa

QUESTION 1 – Evolved mandate proposal to negotiate a settlement of all Ngāpuhi historical Treaty of

Waitangi claims and Crown breaches against Te Tiriti o Waitangi/The Treaty of Waitangi.

(Hapū name) ………………………………………………..…………. does/does not (please circle) support the evolved

mandate, as set out in the information booklet, to represent all of Ngāpuhi, including ngā hapū o Ngāpuhi,

in negotiations with the Crown for the comprehensive settlement of all Ngāpuhi historical claims and Crown

breaches against Te Tiriti o Waitangi(The Treaty of Waitangi).

If yes to the above – please provide feedback on the questions below (Final options TBC)

QUESTION 2 – Which model do you prefer for Ngāpuhi ki waho i te rohe

representation? [This is for Ngāpuhi who live outside the tribal area.]

Please tick one only

(1) The Ngāpuhi ki waho i te rohe representatives on the RNBs determining who

their 4 Ngāpuhi ki waho i te rohe on the MaNA will be.

(2) Each of the 4 existing Ngāpuhi ki waho i te rohe regions determine who their

representatives will be on the MaNA (2 from Tāmaki; 1 Wellington and 1 Te

Waipounamu).

(3) 8 Ngāpuhi ki waho i te rohe appointed on the MaNA from the Ngāpuhi Taura

Here Advisory Board.

QUESTION 3 – Which model do you prefer for kuia/kaumātua representation? Please tick one only

(2) The Ngāpuhi Kuia & Kaumātua Advisory Board appoints the Kuia and Kaumātua for the MaNA.

(3) Kuia and Kaumātua on the RNBs appoint the Kuia and Kaumātua from amongst

them for the MaNA.

(4) No Kuia and Kaumātua on the MaNA. Hapū will select their Kuia and Kaumātua over the age of 55 to the RNBs only.

QUESTION 4 – Which model do you prefer for Rūnanga representation on the

MaNA?

Please tick one only

(1) Rūnanga representative be on the MaNA until settlement date with the

settlement legislation being used to transfer the assets from the Rūnanga to the

new PSGE.

(2) No Rūnanga representative on the MaNA.

Date:

We confirm the information provided is correct (to be signed by more than one person)

Name:

Signature:

Role:

Name:

Signature:

Role:

Appendix 2: List of Ngāpuhi hapū by Region

Regional Negotiation body –

Hokianga

Regional Negotiation body –

Kaikohe -Waimate - Taiamai

Regional Negotiation

body – Whangaroa

Regional Negotiation body

– Te Pewhairangi

Regional Negotiation bodies

– Whangarei & Mangakahia

[Regions to be defined]

Kohatutaka

Ngai Tūpoto

Ngāti Hao

Ngāti Hua

Ngāti Hurihanga

Ngāti Kaharau

Ngāti Kairewa

Ngāti Kerewheti

Ngāti Korokoro

Ngāti Pākau

Ngāti Parenga

Ngāti Patutaratara

Ngāti Rahuwhakairi

Ngāti Rangihana

Ngāti Rauwawe

Ngāti Toro

Ngāti Tuapango

Ngai Tāwake

Ngai Tūteauru

Ngāti Hineira

Ngāti Hinemutu

Ngāti Kiriahi

Ngāti Korohue

Ngāti Māhia

Ngāti Mau

Ngāti Moerewa

Ngāti Rangi

Ngāti Tautahi

Ngāti Ueoneone

Ngāti Whakaeke

Te Ngare Hauata

Te Pōpoto Te Pōtai

Te Takoto Kē

Te Uri o Hua

Kaitangata

Kaitore

Ngā Uri o Te Pona

Ngai Tū Pango

Ngāti Haiti

Ngāti Kahuiti

Ngāti Kāwau

Ngāti Kawhiti

Ngāti Kohu

Ngāti Kura

Ngāti Miro

Ngāti Mokokohi

Ngāti Pākahi

Ngāti Pou

Ngāti Ruamahue

Ngāti Tū

Ngāti Uru

Matarahurahu

Ngare Raumati

Ngāti Hine

Ngāti Kawa

Ngāti Kōpaki

Ngāti Kuta

Ngāti Manu

Ngāti Miru

Ngāti Ngāherehere

Ngāti Pare

Ngāti Rāhiri

Ngāti Rēhia

Ngāti Te Ara

Ngāti Te Tārawa

Ngāti Tipa Ngāti

Torehina

Patukeha

Ngai Tai

Ngāti Hau

Ngāti Horahia

Ngāti Kahu O Torongare

Ngāti Moe

Ngāti Pongia

Ngāti Taka

Ngāti Te Rino

Ngāti Toki

Ngāti Whakahotu

Ngāti Whakamaunga

Patuharakeke

Te Kumutu

Te Orewai

Te Parawhau

Te Rauwera

Te Uriroroi

Ngāti Whārara

Te Hikutu

Te Honihoni

Te Ihutai

Te Māhurehure

Te Ngahengahe

Te Pouka

Te Uri Māhoe

Te Whānau Whero

Te Uri

Taniwha

Te Wahineiti

Te Whiu

Whānautara

Te Aeto

Te Tahawai

Te Uri Kai Whare

Te Uri o Te Aho

Whānau Pani

Te Kapotai

Te Uri Karaka

Te Uri O

Rātakitaki/Te Uri Rata

Te Uri Ongongo

Tekau I Mua

Te Waiāriki