Requirements to Enter Direct Negotiations

6.0 Requirements to Enter Into Direct Negotiations with the Crown

In order to enter into direct negotiations with the Crown Tapuika must satisfy certain key requirements before the negotiations process can begin. At present:

6.1 The Crown will only enter into negotiations with a large natural grouping.
While it has been the preference of individual, iwi, whanau and hapu to negotiate with the Crown for settlement of their individual historic claims. The Crown will only enter into negotiations with large natural groupings. In order to progress Tapuika claims we have entered into a joint partnership with Ngati Rangiwewehi on the basis of whakapapa and shared interests. Each iwi however will negotiate and receive its own settlement.

6.2 The Crown will only negotiate with mandated representatives
Mandating is a process by which the members of Tapuika choose their own representatives and grant them authority to enter into discussions and negotiations with the Crown on their behalf. It is one of the most important stages in the Treaty settlement process as a mandate to negotiate assures both the Crown and Tapuika members that their representatives have been properly authorized.

The mandate to be sought applies only to the negotiation process. It will authorize the mandated representatives to negotiate on an Initial Draft Deed of Settlement with the Government. Once the mandated representatives and the Crown have agreed to an Initial Deed of Settlement the Deed must be submitted to the iwi for approval as to whether the Deed is acceptable or not.

Once the Initial Deed of Settlement is approved (ratified) by the Iwi membership
then the Crown usually the Minister of the Crown and the mandated representatives will sign off on the Deed.

Nearly all deeds of Settlement require legislation which means that settlement will not take effect until Parliament has passed an Act for this purpose. From the Crown’s perspective settlement legislation will ensure that the ability of the Courts and the Waitangi Tribunal to re-open historical claims or the Deed of Settlement is closed. The settlement legislation also allows for Statutory Instruments to be applied or statutory memorials to be removed.

6.3 Iwi Register
The Crown requires that each claimant iwi provides a register of its members. Only iwi members who are registered on the Iwi Roll will be entitled to receive the benefits of any settlement including Fisheries and to vote on the Settlement negotiated with the Crown. Furthermore adult members on the Iwi Register (aged 18 years and over) have an opportunity to decide who the mandated representatives will be to represent Tapuika in negotiations with the Crown and to vote in the Annual Elections of the Iwi Authority Board members.

Children under the age of 18 years can be included on their parents/ caregivers registration form. At this stage Tapuika recognizes and allows members who affiliate to other iwi to also enrol with Tapuika.

During the settlement process the Crown may seek to view the Iwi Register