WAITAHA and THE TRUSTEES OF TE KAPU O WAITAHA and THE … · The Office of Treaty Settlements is currently in negotiations with Waitaha Raupatu Trust to settle all Waitaha's historical

W AITAHA

and

THE TRUSTEES OF TE KAPU O W AITAHA

and

THE CROWN

DEED OF SETTLEMENT: ATTACHMENTS

^ 7

ATTACHMENTS

TABLE OF CONTENTS

1 AREA OF INTEREST

2 DEED PLANS

3 LETTER FROM MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS TO MINISTER OF MAORI AFFAIRS

4 LETTER FROM MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS TO MINISTER OF SOCIAL DEVELOPMENT

5 DEED OF ENDOWMENT (HISTORY ENDOWMENT)

6 DEED OF ENDOWMENT (MARAE AND SOCIAL ENDOWMENTS)

(A

ATTACHMENTS

1 AREA OF INTEREST

Matakana Island

y M dtdpata Island IAdtukahajtai}a hJan d

M oturiki I s la n dt.to tu q ta ii lsKvi(l

R a n g i w a e aI s l a n dt .M iih o aI s 'a n d . M otiti Is landMOUNT IYIAUNGANUI

Omani; launiirJii hlii <1 . Matatapu Islandf. ■'Omniaolafj

.Oman i Br ?.. h

K jfru aMunnalapu B ia :hViilu r

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■ 'f?.^o i. 7f t K i n . j i . i i -•' « -H- ' Kiyv'i .'0,( f^na1

r- .i - -, .1 JM sU ilu

I Te Puke

l . in l.r tiili..FaeBflaioafltilanran

/ • i l l s i t l| \\CongMawa

MQn>v.iro

Pn Kriharo?.'

Okeie fa lls

\Vh3noania>inu^

Waitaha Area of Interest

JXt-Zf

ATTACHMENTS

2 DEED PLANS

Te Whakairinga Korero

20 hectares, approximately, being Part Section 28 Block V Maketu Survey District, Part Section 1 Block VIII Otanewainuku Survey District and Part Otawa 2.

Moires

Approved as to boundaries:

the Crown

Approximate Scale

South Auckland Land District

Territorial Authority: Western Bay of Plenty District

Compiled as a graphic representalion. Boundaries

are Indicative only

OtawaAreas referred to in the deed of settlement between

Waitaha and the Crown

m

Te W hakairinga Korero

115 hectares, approximately, being Part Waitaha 1 Block and PartTe Puke Block.

1,000

ZD Metres

Approximate Scale

Approved as to boundaries:South Auckland Land District

Territorial Authority. Western Bay of Plenty District

Compiled as a graphic representation. Boundaries

are indicative only

Te Ara a HeifbrWaitaha

Areas referred to in the deed of settlement between Waitaha and the Crown behalf of the Crown

Statutory Acknowledgement

\

o

V.

X s%

V l _V->

! \

' A

}. / A A

-

y

y* V

20 hectares, approximately, being Part Sections 3 and 4 Block XVI Otanewainuku Survey District.

OTS - 075 - 03

§ South Auckland Land District


Compiled as a graphic feseS? representation. Boundaries

are indicative only

OtanewainukuAreas referred to in the deed of settlement between


(P t

Deed of Recognition

Kirildri

^ A 4 J R .*a

■191m— //

'apuhaoStream /

Gibraltar Rock

2.4 hectares, approximately, beingPart Sections 13 and 19 Block VIII Otanewainuku Survey District.

2. Raparaoahoe Marginal Strip 1.3531 hectares, more or less beingCrown Land (Marginal Strip) shown on Survey Office Plan 18926.

3. Raparaoahoe Marginal Strip 1.7 hectares, approximately being,Crown Land (Marginal Strip) shown on Survey Office Plan 22878.

4. Raparaoahoe Marginal Strip 2.7478 hectares, more or less, beingCrown Land (Marginal Strip) shown on Survey Office Plan 35444.

Metres

Approximate Scale




are Indicative only

Te Raparapa-a-Hoefor Waitaha .

fh .for arid on behalf of the Crown

Areas referred to in the deed of settlement between Waitaha and the Crown

Stream bed within Oropi Forest and No3 Road Conservation Ai

Welcome 8 .

mIvW w

Statutory Acknowledgement'v/acdME

>■'A302.Vii,

M W Confluence with Waiorohi Stream

a S i

Kafjte fans;

l f t ? |i ® ! !

'CASTLES'iv_roao /7

'ViTT^

jGORGP. P jP*

Source of River

m°tO

Approved as to boundaries;South Auckland Land District

Territorial Authority: Tauranga City &

Western Bay of Plenty District Compiled as a graphic

representation. Boundaries are Indicative only

Waimapu Riverfor Waitaha

Areas referred to in the deed of settlement between Waitaha and the Crown for anchor)’behalf of the Crown

AI Kilometres

Approximate Scale




are indicative only


for Waitaha

, i h Mfor ancljoh behalf of the Crown

I 1£

—r"

i s ®, ,0t x t i ?

u .x I 0 - •' >

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Confluence with Kailuna River

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X

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v f. / /

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Confluence with Te Rerenga & Whataroa Streams

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Approximate Scale

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. r S / H V J O T S - 07 5 - 0 8

w


Territorial Authority: Western Bay o f Plenty District


are Indicative only

Waiari StreamApproved as to boundaries:

for WaitahaAreas referred to in the deed of settlement between

Waitaha and the Crown ttfiM.fo^jaitd oh belialf of the Crown

w i 7 / > 7 T t 7 7 T / i \ 7 T7i '/• .4—------------ ------------------A / Statutory Acknowledgement

-*■' ( \Psp3rr,bi \ f \ l) i\ 13 A3o.iV

— - Cn

O'jVifes*

Confluence with Kaituna River

;■] Kalate Wlls.

IWwcofclaijMe I : 1 331::

Te Puke A‘2/tnEHSAmfNpgt CTSoOisw'l'x??!

Coiol'im

JOHN BiK> B?AUR^

Source of Stream

v StiD&ut«d• / i Myifs'Reel

Gibraltar neck fit

!a4JU • .liM p 7

Isf.Vcr'gf- /

fMwiu

) ffdngMu A4K0 A ^


Territorial Authority; Western Bay of Plenty District


are Indicative only

Te Raparapa-a-Hoe Streamfor Waitaha "

. .M * : " . . ........for andmn behalf of the Crown


OTS - 075 - 094

I Kilometers

Approximate Scale


Confluence with Kahuna River

■ j i S ilo -§ v

No.M)

i f fiudlM©&I— Te PukeL .u .y _ „cRv,n®&Sv\ , |—'AVp. USL ^ i-iliiiiiii*?/ J?

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to / i Icie*

< Uoropjco

. JOHNBrfl? H?lAlfe \\

■\•/",! Muirs fie Si

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Source of Stream:-k«.v 7 ~\ Ooualas Qomi

;/Gt20;

> lA IK I^lAiV ?r"

Kilomeltes

Approximate Scale




are Indicative only

Ohineangaanga Streamfor Waitaha

Areas referred to in the deed of settlement between Waitaha and the Crown lehaif of tHeCrown

L it

Statutory Acknowledgement j

176°10'

tT.UlAATA

Confluence with Waiari & Whataroa Streams \

'Msrigaloi0!3iKr/i:r,uku!,

' r r f r t n r x ^ ,

. Airslrip

TnrCj}Pi>

Mg iv . w

Source of Stream_[ITrr,C.XuJiV'

500 1,000 1,500 2,000 2,500 3,000

Metres

Approximate Scale




are Indicative only

Te Rerenga StreamAreas referred to in the deed of settlement between



for Waitaha

......... Aaiftrr.i.........../ t , Mfor 'ancL’bn behalf of the Crown

...... /h d i/. ffoi^ridtm behalf of the Crown


Confluence with Waltao Stream

Te n&toRiwifiiu

Kaiate Falls Source of Stream

1,500

I Metres

Approximate Scale



Complied as a graphic representation. Boundaries

are indicative only

Kaiate Streamfor Waitaha

Areas referred to in the deed of settlement between Waitaha and the Crown lehalf of the Crown

J f /c ;


'a Island

\_ p p f r a / J c e

# I--- Mauao (MT Maunganui)

dlum ocla/i'

u r iA / f o / c i f /

Moluotau Island

VIOUNT MAUNGANUI

Taumaihi Islar i

LJ)>’ iP Motuputa Island

A X • y,M o tukahakaha Island A [ 57. W| / / Motiti IslandK} ! H'a/rerc Day

A Mata tap u Island

V .

’ • ! / / \ " " ' ■' - / 'J

, # ' v n \ \ T Vr cl- ,\ ■ >J\ Kopuaroa Canal J <■"[^ fti iparapahbo Jb~

/ Cana7 j 7/

f t S

mu

I_____ i

10□ Kilometres

P o n g ak aw a

Approximate Scale

-rn filtta

CO

f a !

OTS - 075 - 15South Auckland

Land District Territorial Authority: Tauranga City and

Western Bay o f Plenty District Compiled as a graphic


Coastal Marine AreaAreas referred to in the deed of settlement between



for Waitaha

Vest Fee Simple

iH in e p o to ^ / ' ' 's ite / ,x-'

2.8044 hectares, more or less, being Lots 1 and 2 DP 27157. All Transfer B525705.2

Metres

Approximate Scale Aerial Photography flown 2003

f !'Approved as to boundaries:South Auckland

Land DistrictTerritorial Authority:

Western Bay of Plenty District Complied as a graphic


Hinepoto sitefor Waitaha

Areas referred to in the deed of settlement between Waitaha and the Crown leiValf of the Crown




are Indicative only


Proposed W ROW

Whitikiore

Te Haehae ^ _

Vest Fee Simple

g o Te Houhou

iP a p a m o a

Whitikiore

SO 428938

W - ■ . ,- v s • / . ' , ////

10.5 hectares, approximately, being Part Lot 2 DPS 24826. Part Computer Freehold Register SA23A/1366.Subject to survey.

Te Haehae2.25 hectares, approximately, being Part Lot 2 DPS 24826. Part Computer Freehold Register SA23A/1366.Subject to survey.250

D Metres

Approximate Scale Aerial Photography flown 2003 OTS - 075 - 18

Approved as to boundaries:South AucklandLand District

Territorial Authority: Tauranga City


are Indicative only

Te Houhoufor Waitaha

Areas referred to in the deed of settlement between Waitaha and the Crown ( iM ti!

ehalf of the Crownfor and

j mDPS 90491

Maketu SD

h Vest Fee Simple----------- — j t -

M aun garu a hi n e' PS /Hist or i c^Rese rve&

17.3200 hectares, more or less, being Section 51 Block V Maketu Survey District. All GN H076552.

Melies


Approved as biSouth Auckland Land District



are indicative only

Maungaruahine Pa Historic ReserveAreas referred to in the deed of settlement between

Waitaha and the Crown •$./.on beiValf of the' Crown

▲* JV* 4-

/ /

f {♦ %

Qs V <A \ 'Wtmi- v ^ Of ' - 4 q:

/ /f

i t

Vest Fee Simple

Sec 14 Blk I

Maketu SD

Pt Waitaha 1B2 DPS 73935

Pt Waitaha 1B3

Pt Waitaha 1B3

1 0 50 100 150 200 250

___ 1 Moiras 1




Complied as a graphic representation. Boundaries

are Indicative only

5.0000 hectares, approximately, being Part Section 14 Block I Maketu Survey District. Part Proclamation 10017.Subject to survey.

OTS - 075 - 20

Otara Scenic ReserveAreas referred to in the deed of settlement between



for Waitaha

... .3- ■ •"‘>r.: .Jl.i3.iJifop/ahd on behalf of jhe Crown

4

ATTACHMENTS

LETTER FROM MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS TO MINISTER OF MAORI AFFAIRS

Office of Hon Christopher FinlaysonAttorney-GeneralMinister for Treaty of Waitangi Negotiations Minister for Arts, Culture and Heritage

Hon. Pita Sharpies Minister of Maori Affairs Parliament Buildings WELLINGTON

Tena Koe Pita

The Office of Treaty Settlements is currently in negotiations with Waitaha Raupatu Trust to settle all Waitaha's historical Treaty of Waitangi claims.

Waitaha has a population of approximately 2000 members, based in and around Te Puke. Waitaha has suffered serious breaches of the Treaty, relating mainly to the New Zealand Wars (and in particular the treatment of their chief, Hakaraia), the Tauranga confiscation, the operation and impact of the native land laws, and the Crown's land purchasing techniques in the nineteenth century.

The Crown is currently working toward a Deed of Settlement with Waitaha which will be another significant step in terms of the Crown settling all Treaty claims by 2014.

An Agreement in Principle signed with the Waitaha Raupatu Trust in October last year provides that the Crown will explore, outside, but in parallel to the settlement process, how the aspirations of Waitaha for 'Maranga Waitaha’ may be met. Maranga Waitaha is a philosophy developed during negotiations which expresses the desire of Waitaha to improve their social, cultural and economic wellbeing. Maranga Waitaha also focuses on the social cohesion and revitalisation needs of Waitaha, especially in the areas of health, education, employment and housing.

Iwi are Increasingly using individual Treaty negotiations to set up post-settlement relationships with Ministers and Crown agencies and to secure mechanisms which address social, economic and cultural issues. As a result, the Crown is currently looking at ways to ensure iwi have clarity about how their relationship with the Crown will be managed post-settlement. This work may establish policy which will assist the Crown to fulfil its obligations to explore the aspirations of Waitaha for Maranga Waitaha, outside, but parallel to the settlement process.

In the interim, I would be grateful if you were able to encourage Te Puni Kokiri to actively assist Waitaha with the development and implementation of Maranga Waitaha.

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand. Telephone 64 4 817 6808 Facsimile 64 4 817 6508

lu r

I thank you in anticipation of your ongoing support in assisting with efforts to build on the Treaty relationship between the Crown and Waitaha.

Naku noa, na

Hon Christopher FinalaysonMinister for Treaty of Waitangi Negotiations

ATTACHMENTS

4 LETTER FROM MINISTER FOR TREATY OF WAITANGINEGOTIATIONS TO

MINISTER OF SOCIAL DEVELOPMENT

Office of Hon Christopher FinlaysonAttorney-GeneralMinister for Treaty of Waitangi Negotiations Minister for Arts, Culture and Heritage

Hon Paula Bennet 3 1 AUG 2009Minister of Social Development Parliament Buildings WELLINGTON

Tena Koe Paula

The Office of Treaty Settlements is currently in negotiations with Waitaha Raupatu Trust to settle all Waitaha’s historical Treaty of Waitangi claims.

Waitaha has a population of approximately 2000 members, based in and around Te Puke. Waitaha has suffered serious breaches of the Treaty, relating mainly to the New Zealand Wars (and in particular the treatment of their chief, Hakaraia), the Tauranga confiscation, the operation and impact of the native land laws, and the Crown's land purchasing techniques In the nineteenth century.

The Crown is currently working toward a Deed of Settlement with Waitaha which will be another significant step in terms of the Crown settling all Treaty claims by 2014.

An Agreement in Principle signed with the Waitaha Raupatu Trust in October last year provides that the Crown will explore, outside, but in parallel to the settlement process, how the aspirations of Waitaha for ‘Maranga Waitaha’ may be met. Maranga Waitaha is a philosophy developed during negotiations which expresses the desire of Waitaha to improve their social, cultural and economic wellbeing. Maranga Waitaha also focuses on the social cohesion and revitalisation needs of Waitaha, especially in the areas of health, education, employment and housing.

Iwi are Increasingly using individual Treaty negotiations to set up post-settlement relationships with Ministers and Crown agencies and to secure mechanisms which address social, economic and cultural issues. As a result, the Crown is currently looking at ways to ensure iwi have clarity about how their relationship with the Crown will be managed post-settlement. This work may establish policy which will assist the Crown to fulfil its obligations to explore the aspirations of Waitaha for Maranga Waitaha, outside, but parallel to the settlement process.

In the interim, I would be grateful if you were able to encourage the Ministry of Social Development to actively assist Waitaha with the development and implementation of Maranga Waitaha.

I thank you in anticipation of your ongoing support in assisting with efforts to build on the Treaty relationship between the Crown and Waitaha.

Naku noa, na

Hon Christopher FinlaysonMinister for Treaty of Waitangi Negotiations

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand. Telephone 64 4 817 6808 Facsimile 64 4 817 6^08

a

ATTACHMENTS

5 DEED OF ENDOWMENT (HISTORY ENDOWMENT)

(

(

rr>

WAITAHA RAUPATU TRUSTCOPY FOR YOUR

INFORMATION

(the “Trust")

Written resolution of the trustees of the Trust (the “T rust Board”)

Date: -J V a/ *=. 2009

Introduction

1. Under an Agreement in Principle for the Settlement of the Historical Claims of Waitaha dated 16

October 2008 (the “Agreem ent”) the Crown agreed to settle upon the Trust:

(a) . the sum of $300,000 for the purpose of commissioning a history to document fully the story

2. The Trust Board wishes to enter into a deed with the Crown, the Deed of Endowment on Separate

Specific Trust (the "Deed o f Endowment"), to give effect to the settlement of the Endowment.

3. The Trust Board wishes to authorise two of its members to affix the seal of the Trust Board to the

Deed of Endowment.

Resolution

4. The Trust Board resolves:

4.1 in accordance with clause 9.2(b) and (c) of the Trust Deed to accept the Endowment on

separate specific trust on the terms set out in the Agreement and reflected in the Deed of

Endowment, but otherwise in accordance with the terms of the Trust;

4.2 in accordance with clause 9.2(1) of the Trust Deed to enter into the Deed of Endowment with

the Crown in the form annexed to these resolutions;

4.3 in accordance with clause 12 of the Trust Deed to authorise any two of the members of the

Trust Board to affix the seal of the Trust to the Deed of Endowment and to witness the

affixing of the seal.

Signed by and for the Trust Board

of Waitaha and Hakaraia (the "H istory Endowment").

/ 7

l l L

WAITAHA RAUPATU TRUSTCOPY FOR YOUR

INFORMATION

(the "Trust")

Written resolution of the trustees of the Trust (the "Trust Board")

Date: J >/<-' a / <L 2009

Introduction


October 2008 (the "Agreement”) the Crown agreed to settle upon the Trust:

(a) the sum of $300,000 for the purpose of commissioning a history to document fully the story


Specific Trust (the “Deed o f Endowment"), to give effect to the settlement of the Endowment.


Deed of Endowment.

Resolution











of Waitaha and Hakaraia (the “H istory Endowment").

Cr)i<lcL

Dated v / U/\J £

WAITAHA RAUPATU TRUST

and

HER MAJESTY THE QUEENin right o f N ew Zea land

DEED OF ENDOWMENT ON SEPARATE SPECIFIC TRUST

Date: June 2009

PARTIES

Waitaha Raupatu Trust (the "Trust”)

Her Majesty the Queen in right of New Zealand (the "Crown")

BACKGROUND

A. The Trust and the Crown have signed an Agreement in Principle for the Settlement of

the Historical Claims of Waitaha dated 16 October 2008 (the "Agreement"). Clause 28

of the Agreement provides, inter alia, that the Crown will pay $300,000.00 to the

Governance Entity on the Settlement Date to commission a history to document fully

the story of Waitaha and Hakaraia.

B. The Trust and the Crown have now agreed that the funding in clause 28 of the

Agreement will be released to the Trust, prior to the Settlement Date. The Crown

therefore agrees to settle upon the Trust the sum of $300,000.00 for the Trust to

commission a history to document fully the story of Waitaha and Hakaraia (the

"History Endowment”).

C. The particular terms of the History Endowment is as set out in this Deed.

D. The History Endowment is to be settled on the Trust and held by it on separate specific

trust, but otherwise in accordance with the terms of the trust deed for the Trust.

E. The parties have agreed to enter into this Deed to confirm the separate specific trust

on which the History Endowment is made.

TERMS OF THIS DEED

1. The Trustees agree to accept the History Endowment and to hold the same once

received on separate specific trust on the terms set out in this Deed.

2. The Trustees agree to receive and hold the History Endowment, together with the

income thereon, on separate specific trust (but otherwise in accordance with the terms

of the trust deed) for the following purpose:

3. The Trustees in accepting the History Endowment must keep it and any income derived

from it separate from the general assets of the Trust Fund, and administer it as a

separate specific trust.

4. The Trustees shall not use the assets of the History Endowment to make good any

deficit, loss, damage or breach of trust relating to the general assets of the Trust Fund

or any other separate specific trust. Similarly, the Trustees shall not use the general

to commission a history to document fully the story o f Waitaha and o f Hakaraia.

Ill

assets of the Trust Fund to make good any deficit, loss, damage or breach of trust

relating to the History Endowment.

5. The History Endowment shall each bear its own administration expenses plus a fair

proportion (determined by the Trustees) of the administration expenses applicable to

the general purposes of the Trust.

6. On the winding up of the Trust, any funds which comprise History Endowment funds

and any income derived from the History Endowment (after the payments of all costs,

debts and liabilities properly attributable to the History Endowment) shall be paid,

applied or appropriated to some other charitable organisation or organisations that

further the interests of Waitaha for such similar charitable purposes as the separate

specific trusts on which the History Endowment is held under this Deed.

ikA7

EXECUTED as a DEED for and onbehalfof the CROWN

Signature

Hon Christopher Finlayson, Minister of Treaty of Waitangi Negotiations

in the presence of

Witness signature

U

Fujlyiame

1<S\aAddress

Occupation fj

EXECUTED as a DEED under the ) nameand seal of the W AITAHA RAUPATU ) TRUST

)Signature

Full name

Address

^ L

Occupation

l / f c

COPY FOR YOURWAITAHA RAUPATU TRUST INFORMATION

(the "Trust")

Written resolution of the trustees of the Trust (the “T r u s t Board")

Date: O' -Q 2009

In t ro d u c t io n


October 2008 (the "A g reem en t" ) the Crown agreed to settle upon the Trust:

(a) the sum of $300,000 for the purpose of commissioning a history to document fully the story


Specific Trust (the “D eed o f E n d o w m e n t ”), to give effect to the settlement of the Endowment.


Deed of Endowment.

R e s o lu t io n











of Waitaha and Hakaraia (the "H istory E n d o w m e n t ”).

Initialled deed of se t t lem en t for p resen ta tion to Waitaha for ratification p u rp o se sATTACHMENTS

6 DEED OF ENDOWMENT (MARAE AND SOCIAL ENDOWMENTS)

t u

j b flc c e m b e /Dated 2008

WAITAHA RAUPATU TRUST

and

HER MAJESTY THE QUEENin right of New Zealand

DEED OF ENDOWMENT ON SEPARATE SPECIFIC TRUST

Date: December 2008

PARTIES

Waitaha Raupatu Trust (the "Trust")

Her Majesty the Queen in right of New Zealand (the "Crown”)

BACKGROUND

A. Under an Agreement in Principle for the Settlement of the Historical Claims of Waitaha dated 16

October 2008 (the "Agreement”) the Crown agreed to settle upon the Trust:

1. the sum of $500,000 for the purpose of restoring and revitalising Hei Marae (for the benefit

of all Waitaha) (the “Marae Endowment”); and

2. the further sum of $500,000 for the principal purpose of identifying and remedying the

health, education, employment, housing, and socio-economic needs of Waitaha and for the

ancillary purpose of advancing the culture of Waitaha through educational endeavours (the

“Social Endowment”);

(together the "Endowments”).

B. The particular terms of each Endowment are as set out in the Agreement and reflected in this

deed.

C. It was a condition of the Agreement, before the Crown would settle the Endowments, that the Trust

register with the Charities Commission as a charitable entity. The Trust is now registered with the

Charities Commission.

D. It was a further condition of the Agreement that the Trust in receiving the Marae Endowment would

then hold the Marae Endowment (and would not apply the Marae Endowment to any of the

purposes set out in the Agreement and reflected in this deed) until such time as the trustees of the

Trust were satisfied that an appropriate person or entity had been identified to oversee the

restoration of the Hei Marae.

E. The Endowments are to be settled on the Trust and held by it on separate specific trusts, but

otherwise in accordance with the terms of the trust deed for the Trust.

F. The parties have agreed to enter into this deed to confirm the separate specific trusts on which the

Endowments are made.

Lit

TERMS OF THIS DEED

1. The Trustees agree to accept the Endowments in accordance with the Agreement and to hold the

Endowments once received on separate specific trusts on the terms set out in the Agreement and

reflected in this deed.

Marae Endowment

2. The Trustees agree to receive and hold the Marae Endowment, together with the income thereon,

on separate specific trust (but otherwise in accordance with the terms of the Trust) for the following

purposes:

for the purpose o f restoring and revitalising Hei Marae (for the benefit o f all Waitaha).

3. The Trustees agree in accepting the Marae Endowment that they will hold the Marae Endowment

(and will, not apply the Marae Endowment to any of the purposes set out in the Agreement and

reflected in this deed) until such time as the trustees of the Trust are satisfied that an appropriate

person or entity has been identified to oversee the restoration of the Hei Marae.

Social Endowment

4. The Trustees agree to receive and hold the Social Endowment, together with the income thereon,

on separate specific trust (but otherwise in accordance with the terms of the Trust) for the following

purposes:

for the principal purpose o f identifying and remedying the health, education, employment,

housing and socio-economic needs o f Waitaha, and the ancillary purpose o f advancing the

culture o f Waitaha through educational endeavours.

5. Without limiting the generality of the foregoing, the Trustees agree that, to achieve the purposes

referred to in clause 4 of this deed, the Trust may (without limitation) apply the Social Endowment,

together with the income thereon, to employ a Whole of Government Facilitator or Facilitators, to:

5.1 begin implementing Maranga Waitaha;

5.2 co-ordinate Waitaha’s participation in any assessment of the priorities and strengths and

gaps in the delivery of social services to Waitaha, and any scoping proposal for the

development of Maranga Waitaha, and

5.3 facilitate Waitaha’s interactions with government agencies generally.

General Matters

6. The Trustees in accepting the Endowments must keep each Endowment and any income derived

from that particular Endowment separate from the general assets of the Trust Fund (and separate

from each other), and administer each Endowment as a separate specific trust.

7. The Trustees shall not use the assets of either Endowment to make good any deficit, loss, damage

or breach of trust relating to the general assets of the Trust Fund (or to each other) or any other

separate specific trust. Similarly, the Trustees shall not use the general assets of the Trust Fund to

make good any deficit, loss, damage or breach of trust relating to the particular Endowment.

Page 3

^ 2

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8. The Endowments shall each bear their own administration expenses plus a fair proportion

(determined by the Trustees) of the administration expenses applicable to the general purposes of

the Trust.

9. On the winding up of the Trust, any funds which comprise Endowment funds and any income

derived from the Endowments (after the payments of all costs, debts and liabilities properly

attributable to each Endowment) shall be paid, applied or appropriated to some other charitable

organisation or organisations that further the interests of Waitaha for such similar charitable

purposes as the separate specific trusts on which the Endowments are held under this deed.

EXECUTED as a DEED for and on behalf )of the CROWN )

)

Hon Christopher Finlayson, Minister of Treaty of Waitangi Negotiations

in the presence

WiMess

J o i'/ b J ___________Full name

12°) C Il g i o m o ( Z £ S t ,Address

/ j t > u < s o / zOccupation

EXECUTED as a DEED under the name )and seal o f the WAITAHI RAUPATU )TRUST

) Signature

in the presence of

/ }c 'j r<r-VL

Witness signature

S /9 a / & <*? f l f^O ’T A K '-?Full name

*-/- * M ’*) tv o £ f< A >1 h / > c.Address

W .Ay 1/ i ±Occupation

Signature

Page 4

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WAITAHA and THE TRUSTEES OF TE KAPU O WAITAHA and THE … · The Office of Treaty Settlements is currently in negotiations with Waitaha Raupatu Trust to settle all Waitaha's historical