Waikato-Tainui Relativity Hui Report

Transcription

1 Waikato-Tainui Relativity Hui Report Published April 2013

2 Waikato Taniwharau! He piko, he taniwha He piko, he taniwha! Waikato of a hundred chiefs! At every bend a chief, at every bend a chief! Waikato-Tainui Claims Team 20 Alma Street, Private Bag 3344 Hamilton 3204, New Zealand Telephone: No part of this publication may be reproduced in any form or means without the prior written permission of Waikato-Tainui Te Kauhanganui Incorporated.

3 Contents Pages 1. Background 4 2. Background to the Relativity Mechanism 4 3. Triggering the Relativity Mechanism 9 4. Tribal Hui Executive Summary of the Hui Commitment to uphold Tribal Identity and Integrity Summary of Key Discussion points Strategic considerations Diligence to succeed in education and beyond Summary of Key Discussion points Strategic considerations Determination of socio-economic independence Summary of Key discussion points Strategic considerations Related matters Conclusion Next Steps Recommendations 23 3

4 1. Background This report provides a summary of the key themes arising from hui held with Waikato-Tainui tribal members, to discuss prioritising funding acquired as a result of the tribe triggering its Relativity Mechanism. The report is set out as follows: Background to the Relativity Mechanism as provided in the tribe s 1995 Waikato-Tainui Settlement; Background to the hui held with tribal members recently; Key themes arising from these hui; Next steps; and Recommendations. Waikato-Tainui and the Crown entered into an historical Treaty claims settlement in Waikato-Tainui was the first iwi to settle. The redress amount was reluctantly agreed at $170 million. The reluctance was in response to the Crown s desire to seek a full and final settlement. 2. Background to the Relativity Mechanism 1 The settlement related to the Raupatu Lands claims only 4 Waikato-Tainui Relativity Hui Report - April 2013

5 The Waikato-Tainui Principal Negotiator at the time, Sir Robert Te Kotahi Mahuta specifically noted: 2 The principles upon which Tainui is seeking resolution of the raupatu claim, have remained unchanged since the last century: I riro whenua atu me hoki whenua mai Ko te moni hei utu mo te hara Tainui has stated that it recognises the fiscal incapacity of the country to fully satisfy these principles. It does not seek a fiscal formula to meet the first principle. It seeks the return of the 90,000 acres the Crown currently holds, which is all that is left of the land taken at the point of a musket and upon which the blood of the people was spilt. To settle on a full and final basis for anything less than 90,000 acres would be immoral. The removal of a sense of grievance will not occur. Sir Robert Te Kotahi Mahuta 2 Mahuta, Robert Te Kotahi Settlement of Maori Claims, Kia Hiwa Ra (1994) 5

6 The justification that the country is fiscally restrained and that the best interests of all New Zealanders must be taken into account, rings a sound of familiarity in the excuses proffered in the confiscation of Waikato lands in the 1860 s. There is no intention to bankrupt the country; the first to suffer would be Maaori... The settlement was negotiated at the time of the fiscal envelope concept the idea that all historical Treaty settlements would be settled within a budgeted figure of $1 billion, updated for inflation. As a result of being one of the first Iwi to settle a Treaty of Waitangi Claim, Sir Robert Te Kotahi Mahuta needed assurances that the value of the redress given to Waikato-Tainui would be protected against any future settlements. He noted: 3 the return of 3% of the lands today can reasonably be viewed as an interim offer... What was viewed as appropriate, taking into account the country s finances, was a settlement that was generational. Generational is not unlike full and final in that it attempts to achieve a result that is lasting. Sir Robert took the view that for Waikato-Tainui, land was taken by force and blood was spilt - that is the nature and extent of the grievance. There must be relativity between claims if claims are to be durable. 4 Hence the Relativity Mechanism concept was created. 3 Mahuta, RT, Tainui: A Case Study of Direct Negotiations A paper to New Zealand Institute of Advanced Legal Studies Conference on Treaty Claims: The Unfinished Business, 9-10 February Mahuta, Robert Te Kotahi Settlement of Maori Claims, Kia Hiwa Ra (1994) 6 Waikato-Tainui Relativity Hui Report - April 2013

7 The 1995 Waikato-Tainui Deed of Settlement contains the Relativity Mechanism provisions 5 which enable Waikato-Tainui to claim additional redress if the total value of settlement redress exceeds $1 billion in 1994 present value dollars. Once the Relativity Mechanism is triggered, claims can be made for payments to maintain the value of the original settlement. In 1994 real terms 6, this is at 17% of the total value of settlement redress The mechanism provides details on how the total value of settlement redress is calculated and the Crown provides Waikato-Tainui with a statement in October each year setting out that total up to the end of the previous financial year. In October 2012, the Crown advised that the Relativity Mechanism had been triggered. Waikato-Tainui (along with Ngaai Tahu who have a similar mechanism) subsequently made a claim for additional redress. In December 2012, the Crown paid $70,038,610.49c to Waikato-Tainui. 5 Attachment 9 to the Waikato-Tainui Deed of Settlement 6 A key definition in this respect is that of Claims Redress Amount as this determines what payments to Iwi count towards the total for calculation purposes. 7

8 The mechanism provides for Waikato-Tainui to make claims for additional payments every five years up until A feature of the mechanism is that the trigger is expressed in present value terms - redress discounted by both inflation and interest to However payments are based on a real value - redress discounted only by inflation to This means that when the mechanism is only just triggered (present value has just exceeded $1 billion), the real value will be much higher - around $1.275 billion. The Relativity Mechanism is a fundamental part of the 1995 settlement and one of a number of economic redress mechanisms included in the Waikato Raupatu Settlement Act. The Relativity Mechanism is a clause in a straight forward contractual agreement and is a deferred payment on the original settlement. The mechanism meant Waikato-Tainui had to wait for the fruition of a major part of their settlement. 8 Waikato-Tainui Relativity Hui Report - April 2013

9 3. Triggering the Relativity Mechanism On 29 October 2012 the Office of Treaty Settlements advised that the total value of settlement redress had exceeded $1 billion in 1994 present value dollars. The Crown declared in its annual Relativity Statement that the relativity clause had been triggered. As a result, Waikato-Tainui had to determine whether to make a claim for the amount which the Crown calculated as being payable as at 30 June With external legal and economic advice, it was recommended that the tribe s governance consider making a claim for the undisputed amount. On 8 December 2012 Waikato-Tainui Te Kauhanganui Incorporated supported this approach and formally resolved: Waikato-Tainui Te Kauhanganui Incorporated agrees to make a claim to the Crown for the payment of the undisputed amount disclosed in the Relativity Statement; and Waikato-Tainui Te Kauhanganui Incorporated agrees to take steps to initiate a disputes process with the Crown and to advance the resolution of all disputed items in relation to the Relativity Statement. As a result of these decisions, it was also agreed that consultation and engagement with tribal members would occur early in 2013, to decide how funding from relativity will be tribally invested. This was an exciting opportunity to discuss potential initiatives with tribal members to realise the strategic directions outlined in the tribe s strategic plan, Whakatupuranga

10 4. Tribal Hui The tribe facilitated nine hui throughout Waikato-Tainui to discuss the background, process and current status of the Relativity Mechanism. Workshops were then held in smaller groups to identify the aspirations for which relativity funds could potentially be applied to with a focus on the strategic objectives of Whakatupuranga Whakatupuranga Waikato-Tainui 2050 is the blueprint for the cultural, social and economic advancement of our people. It is a fifty-year long development approach to building the capacity of our Iwi, hapuu and Marae. In summary, there are three critical elements to Whakatupuranga 2050: Commitment to uphold tribal identity and integrity To retain our historical role as Kaitiaki o te Kiingitanga To ensure Kiingitanga remains an eternal symbol of unity To preserve our tribal heritage, reo and tikanga To grow our tribal estate and manage our natural resources Diligence to succeed in Education and beyond To succeed in all forms of education and training To be global leaders in research excellence To grow leaders Determination for socio-economic independence To develop self-sufficient Marae To advance the social development of our people To develop and sustain our economic capacity 10 Waikato-Tainui Relativity Hui Report - April 2013

11 Nine hui were held from 16 January to 13 February They were held on the following dates in the following locations: Hui 1: 16 January 2013 Hui 2: 17 January 2013 Hui 3: 23 January 2013 Hui 4: 24 January 2013 Hui 5: 30 January 2013 Hui 6: 31 January 2013 Hui 7: 12 February 2013 Hui 8: 13 February 2013 Hui 9: 20 February 2013 Puukaki Marae Te Awamaarahi Marae Te Manawa o Matariki, Karaapiro Paaraawera Marae Maketuu Marae Te Kaharoa-Aramiro Marae Rauawaawa Waahi Pa Tuurangawaewae Marae A copy of the agenda, presentation and feedback from every hui are attached to this report as appendices. It is noted that there were no hui held with Waikato-Tainui Taurahere roopu, despite a number of comments arising from the hui referring to providing financial support to whaanau that reside overseas. On this basis, any future consultation rounds on relativity might include travel to Taurahere locations to seek further specific views. This report provides a summary of the outcomes and reflects the key themes from the feedback raised. 11

12 5. Executive Summary of the Hui Everyone knows how to spend a dollar, but few know how to make a dollar and how to invest a dollar. Prosperity is cultural, social, economic, environmental and spiritual. Nanaia Mahuta, 2013 Relativity funds are part and parcel of the original settlement differing only in uncertainty around the amount and timing, but covered by the same inter-generational vision kia tupu, kia hua, kia puawai. Ultimately there was a consensus in the desire that the funds must be invested in a way that: 1. Provides for future generations (on-going re-investment of funds to grow portfolio); and 2. Funding that delivers specific initiatives for our tribal members that are consistent with Whakatupuranga The challenge is to find the balance in achieving these aspirations through initiatives that strategically meet a range of deliverables, and is affordable to ensure the principle of the funds remain intact. Using funds without inter-generational disciplines can only be seen as a distribution to the current generation, that comes at the expense of future generations. All tribal members were adamant that the initiatives were not to be done at the expense of future generations. There are two key components to the second point outlined above. Firstly, there was a strong message to review the current policies of existing tribal initiatives to assess the social, economic, environmental and cultural well-being of Waikato-Tainui. 12 Waikato-Tainui Relativity Hui Report - April 2013

13 The analysis would then assist to ensure that the tribe implements initiatives that deliver wider opportunities to tribal members. Secondly and related to this, is the opportunity to develop initiatives into new areas that have not been previously pursued. These areas were identified as follows: Housing; Business Development; Economic Development focused on Tribal Heritage (Tourism); and Iwi Saver. While these initiatives are consistent with Whakatupuranga 2050, they will require some resource and cash injection to begin with. Thus, there was a clear message that there needs to be an increase in supporting non-commercial opportunities for tribal members. In summary, the non-commercial opportunities included initiatives that focused on supporting tribal members and Marae development through: Increase in a range of Grants or subsidies; Establishing economic development programmes; Increased support services across a range of social portfolio s; and Increased programmes that support Kiingitanga, tikanga and Te Reo. 13

14 The following table identifies at a high level, the collective themes arising from the tribal hui held in early 2013, that align with Whakatupuranga OVERVIEW OF KEY THEMES ARISING FROM THE TRIBAL HUI Hui 1 Hui 2 Hui 3 Hui 4 Hui 5 Hui 6 Hui 7 Hui 8 Hui 9 COMMITMENT TO UPHOLD TRIBAL IDENTITY AND INTEGRITY Kiingitanga Tribal Heritage, Te Reo and Tikanga Tribal estate DILIGENCE TO SUCCEED IN EDUCATION AND BEYOND Education & Training Research Leadership DETERMINATION FOR SOCIO-ECONOMIC INDEPENDENCE Self-sufficient Marae Social development Economic capability 14 Waikato-Tainui Relativity Hui Report - April 2013

15 Consistent with Whakatupuranga 2050, supporting the objectives of the Kiingitanga is critical for our tribal members. Related to this was a key priority and the importance of providing maximum support for our kaumaatua, the caretakers of our maatauranga and experts of our reo and tikanga. 6.1 SUMMARY OF KEY DISCUSSION POINTS A summary of the key matters arising from the hui include: Kaumaatua 6. Commitment to uphold Tribal Identity and Integrity There was consistent feedback that the tribe needs to develop more programmes that focus on protecting the health and well-being of our kaumaatua. In addition to existing grants, there was a strong desire to provide opportunity for increasing services to support programmes, such as: Increase to existing health grants; Funding to develop kaumaatua services including transport, mobile health clinics, funding to support attendance at Poukai, meals on wheels, mobilised scooters, walkers and wheelchairs etc; Hospitals, respite care, retirement villages and papakainga housing for kaumaatua; Tangihanga/funeral investment plans. Support the kaupapa of the Kiingitanga Another strong desire of the attendees at the hui included increased support to the kaupapa of the Kiingitanga, including: Supporting Poukai and Koroneihana; Establish initiatives that reflect the principles of kotahitanga; Establish workshops or hui that inform our people about the principles of the Kiingitanga. 15

16 Te Reo, Tikanga and Marae development There was a desire to revitalise our Te Reo and develop programmes that link back to our Marae and our tikanga, including initiatives that focus on: Succession planning on our Marae (kaikaranga, kaikoorero, Kiingitanga, and whakapapa); Te Reo o Waikato and initiatives that focus on Waikato dialect; He papakupu o te reo o Tainui a dictionary of the Tainui dialect; He pukapuka kiiwaha o ngaa Iwi/Marae/hapuu o Tainui a book expressing common terms on a Marae; Opportunities to encourage our people back to the Marae including Marae based training courses; Supporting Marae/hapuu development (social and economic); Increasing annual Marae dividend grants; and Provision of a Marae Facilities grant. 6.2 STRATEGIC CONSIDERATIONS In addition to enhancing existing initiatives, there are a number of new strategic matters that were raised at the hui which include: Kiingitanga waananga; Longer term programmes for our mokopuna so that they can prosper into the future on their retirement, such as Iwi Saver or other investment programme/s; Wider Health Strategy for current and future, covering a range of areas including mental health; Development of a One stop Health Care Hub with provision for all services; Health Insurance, Marae insurance and a Marae Development Strategy; Te Reo Strategy including development of a Te Reo dictionary and book of common terms. 16 Waikato-Tainui Relativity Hui Report - April 2013

17 7. Diligence to Succeed in Education and Beyond Whakatupuranga 2050 identifies that building capacity is a key priority. This is consistent with the discussions from the tribal hui. Growing leaders through succession planning and mentoring programmes were identified as key priorities. 7.1 SUMMARY OF KEY DISCUSSION POINTS A summary of the key matters arising from the hui include: Rangatahi, education, training and employment Additional education grants that cater for early childhood, Koohanga Reo, primary and secondary education; Increase in grants that focus on developing people into key strategic areas that would support the wider aspirations of the tribe - economic development, technology, health, education, harbour specific disciplines such as aquaculture, fisheries and river focused disciplines are some of the specific initiatives identified; Rangatahi forums during Koroneihana ; Establishing an Inter-Iwi rangatahi forums; Annual Tribal Rangatahi Summit; Increase in leadership, mentoring and secondment programmes; Job-creation through specific training or education initiatives such as tradetraining and cadetships that link back to Marae/hapuu/Iwi development; Access to technology for tribal members. 17

18 7.2 STRATEGIC CONSIDERATIONS In addition to enhancing existing initiatives, there were a number of new strategic matters raised at the hui, which included: Improved communication about tribal members grants and entitlements that have already been distributed; Education Demographic Strategy (literacy and numeracy) and focus initiatives that support the gaps ; Investment Review: Identify whether the tribe is meeting Whakatupuranga 2050 and its effectiveness; Establishing a Rangatahi Unit within the tribal organisation that focuses on implementing rangatahi based initiatives (or providing support to existing organisations); Development of a Rangatahi Strategy; Longer term programmes that focus on generational opportunities and prosperity. An initiative identified was Iwi Saver. 8. Determination of socioeconomic independence 8.1 SUMMARY OF KEY DISCUSSION POINTS A strong theme arising from all tribal hui was centred on economic development and prosperity within our Marae and hapuu. Key matters arising from the hui included: Marae Development Increase in Marae Grants to support Marae based programmes (waananga, Te Reo, tikanga etc); Establishment of a Marae Facilities Grant; and Marae Development programmes. 18 Waikato-Tainui Relativity Hui Report - April 2013

19 Social Development Many of the social development areas were noted earlier in this report. In addition to initiatives focused on health, education and training, the following additional matters were also discussed: Iwi card (use through provision of grants) to receive discounts at tribally invested developments such as Novotel hotels and The Base to name a few; Social Services Unit (bearing in mind that we do not want to duplicate existing government responsibilities); Sexual and reproduction health or positive mental health education; Supporting and strengthening career pathways for rangatahi in trades, teaching, social services and health sectors; Financial security should be the primary focus of relativity funding because everything feeds off it e.g. social security, health, education, job-creation. Economic independence Financial literacy; Partnerships with Housing New Zealand, Banks and financial institutions; Funding to develop and/or assist in whaanau run businesses; Funding for improvements on Maaori owned land (e.g. easements and access); Sustainable growth for wider community; Small Maaori business growth start-up capital funding; Training and up-skilling opportunities that are harbour specific (e.g. Aquaculture/fisheries farming); Mana motuhake translating it at whaanau, Marae and hapuu level; Initiatives that link our people back to their Marae/rohe; Marae based tourism collaborative network; Eco-friendly Marae grow own kai; On account/loans to support enterprise development (low interest); Business development principles that have links with wider social outcomes and responsibilities; 19

20 Allow Marae/Lands Trust to access shares in commercial developments/ investments (e.g. Ruakura); Two-way investment between TGH/Marae; Tendering process; Supporting tribal members to secure the best opportunity; and Provide opportunities for Marae to leverage lending through collective shareholding. 8.2 STRATEGIC CONSIDERATIONS In addition to enhancing existing initiatives, there are a number of new strategic matters that were raised from the hui which included: Economic development, in particular: - Support for business opportunities; - Creation of employment as well as a gap analysis; - Financial and resource support; and - Business mentoring/investment. Increase annual Marae dividends/marae Facilities Grant; Small business support (linked to Marae/hapuu locations); and Initiatives that are sustainable and holistic (Tourism). 9. Related Matters The Relativity discussion triggered koorero on a range of wider organisational strategic issues. It was strongly felt that there is a need to review current tribal policies to ensure all initiatives are achieving bigger outcomes in a more effective way. Furthermore, ensuring that the tribe has the capacity and capability to carry out additional activities. In summary, there was a call for a wider review to be undertaken in relation to: Current tribal organisational policies (scholarships/grants, hirage); Tribal database - to have a more complete picture of the tribe); 20 Waikato-Tainui Relativity Hui Report - April 2013

21 Tribal structure - skills based membership on key decision making bodies; Education Demographic Strategy - including literacy and numeracy, and focussed initiatives that support the gaps ; and an Investment Review: Identify whether the tribe is meeting Whakatupuranga 2050 and its effectiveness. These are initiatives that can be pursued immediately to assist with the longer term planning around the delivery of services to our tribal members. 10. Conclusion While many of the hui focused on identifying priorities for spending relativity funds, arguably the spending of funds for initiatives are considered as non-commercial investments in our people. A clear outcome from the hui is the desire for the tribe to develop holistic initiatives which grow tribal members, Marae and hapuu to be financially secure and independent. This involves reviewing tribal policies to ensure that all existing initiatives are achieving wider outcomes in a more effective way. It also involves developing strategies with long term outcomes for tribal members in new spaces such as housing, business, economic development and programmes such as Iwi Saver. The investment of tribal funds to provide opportunities for future generations is paramount. These are matters that will need to be prioritised. 21

22 11. Next Steps As noted earlier in the report, the challenge is to find the balance in achieving aspirations through initiatives that strategically meet a range of deliverables, and are affordable to ensure that the principles of relativity funds remain intact. These are deliverables that: Provide for future generations (on-going re-investment of funds to grow portfolio); and Funding that delivers specific initiatives for tribal members consistent with Whakatupuranga To achieve the above deliverables, there will need to be a process to identify and approve the core strategic initiatives that meet the wider objectives of Whakatupuranga This will provide the basis to develop a 5-10 year strategy to implement the priorities both short term and long term. This includes the desire for a need to review current tribal policies to ensure all initiatives are achieving wider outcomes in a more effective way. Related to this, will be a process to determine a more refined investment strategy. It is suggested that principles be developed to ensure sustainable distributions across long term and manageable short terms to achieve the priorities identified from the hui. This would include costing the programmes (working estimates), and the likely timeframe to implement and deliver ageed priorities. 22 Waikato-Tainui Relativity Hui Report - April 2013

23 12. Recommendations It is recommended that Te Arataura: (a) (b) (c) (d) (e) (f) (g) RECEIVE the report; NOTE the contents of the report and the supporting minutes from all tribal hui; REVIEW the existing policies to evaluate and assess the social, economic, environmental and cultural well-being of Waikato-Tainui; CONSIDER undertaking further consultation rounds with Marae and Taurahere Roopu; ARRANGE a meeting with Te Kauhanganui to identify a core number of new priorities (five maximum); DEVELOP a (5-year) strategy to implement the priorities both short term and long term; ENGAGE Ernst Young to assist with the development of a Strategic Plan including funding and affordability analysis. Naaku noa, naa Donna Flavell GROUP MANAGER WAIKATO RAUPATU RIVER TRUST 23

24 Waikato-Tainui Relativity Hui Report Published April Waikato-Tainui Relativity Hui Report - April 2013