He Patai me nga Whakamarama

He Patai me nga Whakamarama – Questions & Answers

Why do we have to share ownership of Maungakiekie, Maungawhau and Puketapapa?

In 2006 we signed an Agreement in Principle that involved the transfer of three maunga to us – Maungakiekie, Maungawhau and Puketapapa – which we would then co-manage with the Auckland City Council.
Other iwi objected to the Waitangi Tribunal who, in a landmark decision dubbed the ‘Wainwright Decision’, recommended that our settlement be put on hold until other claims were also heard. For further info on the Waitangi Tribunal Report see: http://www.scoop.co.nz/stories/PO0706/S00192.htm
A key objection to our 2006 AIP was the offer of exclusive ownership to maunga that other iwi have interests in.

Isn’t the iwi with mana at 1840 the iwi that the Crown should settle with?

Ngati Whatua o Orakei argued that it held the mana on the central isthmus since the raupatu of the 1740s. Although our tupuna did not occupy all the maunga (Maungakiekie was the principle Pa of Tuperiri) those on the central isthmus fell within the domain of Te Taou, Nga Oho and Te Uringutu or Ngati Whatua o Orakei.
As a result of the Wainwright Decision, Crown policy has shifted and now recognises ‘layers of interests’. This is evident also in the far north settlements where five iwi will share interests in the management of Te One Roa a Tohe (90 Mile Beach). The Central North Island claim (Tree Lords) is also an example where layers of interest are recognised and no single iwi.

Who are the other iwi?

The Marutuahu group includes Ngati Maru, Ngati Paoa, Ngati Tamatera and Ngati Whanaunga.
The Tainui (ki Tamaki) group includes Te Kawerau a Maki, Te Akitai, Ngati Te Ata, NgatiTamaoho and Ngai Tai ki Tamaki.

Why didn’t the Trust Board seek title to Maunga?

Sir Doug Graham’s first proposal was for none of the iwi to have ownership of any of the maunga but only co-management rights.
The Trust Board has always sought title to Maungakiekie, Maungawhau and Puketapapa. This was rejected by the Crown and other iwi.
We additionally promoted with the other iwi and Crown a co-management model that involved us owning central Auckland Maunga, Marutuahu owning east Auckland maunga and Tainui (ki Tamaki) owning south Auckland maunga. This was also rejected by the Crown and other iwi who preferred to share ownership and management of all of them including those maunga which are in the domain of Tainui (ki Tamaki) and Marutuahu.

Which 11 Maunga are included?

Maungakiekie (One Tree Hill), Maungawhau (Mt Eden), Puketapapa (Mt Roskill), Te Kopuke (Mt St John), Maungarei (Mt Wellington), Takarunga (Mt Victoria), Otahuhu (Mt Richmond), Te Ara Puera (Mangere Mt), Ohuiarangi (Pigeon Mt), Ohinerau (Mt Hobson), Te Tatua a Riukiuta (Big King).

What about Rangitoto?

The Tamaki Collective has agreed to pursue Rangitoto, Maungauika (North Head), Motutapu Island and Motu a Ihenga (Motuihe) between now and final Deed of Settlement time. These sites are owned and managed by the Department of Conservation with whom all iwi have a limited, and in some cases strained, relationship.
If successful the Tamaki Collective could then own and co-manage 15 maunga and islands in the wider Tamaki Makaurau area and inner Hauraki Gulf.
A number of these maunga and motu are considered to be outside of our core area of interest. We have what the Crown would term a ‘layer of interest’ in such sites.

What is an RFR?

An RFR means ‘Right of First Refusal’. The Crown, when selling surplus Crown land, must offer such land for purchase to iwi first. The land is valued at market rates and normally only involves ‘core’ Crown properties such as Education and Ministry of Justice land such as Police Stations and court houses.

What was the 2006 RFR area?

We had an RFR for 100 years on the central Auckland isthmus from the Whau River in the west to a line about from Mission Bay to the Manukau Harbour at Penrose.
Excluded from this area were certain blocks in Epsom and Remuera that recognised Waikato interests. These were blocks of land that Te Kawau had given use rights to Waikato as payment for sheltering his people during the ‘Musket Wars’.

What is the 2010 RFR area?

This is now a huge area from South Muriwai across to Long Bay in the east to Miranda in the southeast across to Port Waikato in the southwest and back up to South Muriwai.
It is also effective for the next 170 years being the time elapsed since the Treaty of Waitangi was signed.
It includes core Crown land and we are pursuing also Housing New Zealand, New Zealand Transport Authority and Crown Tertiary Institute surplus lands.

How do we purchase a property if there are 12 competing iwi?

The option to purchase will operate on a carousel between the three broad iwi groups of Ngati Whatua, Marutuahu and Tainui (ki Tamaki). For example if it is our turn to purchase we can do so. If we choose not to purchase the property it is then offered to the other two groups. There will be a strict time limit of say one month to exercise the purchase after which it is then offered to the other groups.

What if when it is our turn we only ever have low value properties available?

This is a risk for all groups on the carousel though over the 170-year period it is believed this will even out over time.

So Ngati Whatua can purchase land in Pukekohe, Papakura, Waiuku, Ranui and Browns Bay?

Yes if we so choose just as the others can purchase in Newmarket or Ponsonby.
We believe, given our current asset base, property networks and proven ability to make successful commercial deals, that we can make the most of this opportunity.
The other two groups have less cash, less experience and potentially greater complexities in decision-making given the multiple iwi involved in their decisions.

Is this a done deal?

No. The AIP is not a legally binding document.
As in 2006 we believe we have negotiated the best offer from the Crown. It is now our duty to present this to all beneficiaries of the Trust Board for discussion. The final decision will be taken by a majority vote.

What if we reject this deal?

This deal can be rejected. It is not a legally binding offer.
We could lodge a claim with the Waitangi Tribunal. We should all bear in mind our recent experience there with the Wainwright Decision.
Further recourse through the courts is possible however this will be very expensive and consume much time and energy.

Is Takaparawhau affected?

Takaparawhau is not affected. We will continue as normal however we will be adding the 31-hectare Pourewa Reserve to our exclusive ownership and co-management with Auckland Council. This is the area currently leased by the St Heliers Bay Pony Club near Kepa Road Orakei.

Does this challenge our historical account of Ngati Whatua’s position in Auckland at 1840?

No, as part of the Supplementary AIP our Historical Account is recognised as being a true account of the situation at 1840.

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