The Mandating Process

Submitted by james on Thu, 08/28/2008 - 12:18

Confirmation of Mandate

Mandating Hui are being held both internally and external to the Takapu o Tapuika during August 2008. The purpose of each Hui is to reconfirm with the claimant group (as described in Section 2 & S 2.1) the following;

“(1) That the Tapuika Iwi Authority Trust is the mandated entity to enter into direct negotiations with the Crown for the comprehensive settlement of all Tapuika historical Treaty claims; and
(2) To confirm that the Tapuika Iwi Authority Trust will receive, on behalf of its members, the Crown’s on-account offer dated 19 June 2008.”

10.3 Limits to the Mandate

a) The mandate does not include agreement to full and final, comprehensive settlement with the Crown until first seeking ratification at a duly notified hui a Iwi of the claimant group
b) The mandate to enter into direct negotiations with the Crown may be amended or withdrawn from the Tapuika Iwi Authority or its mandated representatives as set out in S4.4 below
c) The appointment of new mandated representatives is set out in S4.4.4 below

10.4 Amendment or Withdrawal of Mandate or Mandated Representatives

10.4.1 Dispute Resolution.
Prior to the withdrawal of the mandate or mandated representatives the following disputes resolution process shall be undertaken;

a) a letter shall be written by the claimant community representative or hapu
representative seeking a meeting with Chair of the Tapuika Iwi Authority Trust and identifying the concerns;

b) the Chair shall acknowledge receipt of the correspondence within 24 hours and contact the author to arrange a meeting with the Board of the Tapuika Iwi Authority Trust;

c) the Chair shall convene a meeting of the Board of the Tapuika Iwi Authority Trust and Taumata;

d) at the meeting the claimant community representative or hapu representative shall have the opportunity to raise their concerns:

e) agreed actions to address concerns shall be documented;

f) where the meeting is unable to reach agreement then the Tapuika Iwi
Authority shall call a Special Hui a Iwi of the claimant community to resolve the matter;

g) Decisions at the hui shall be by consensus and final.

10.4.2 Withdrawal of Mandate by the whole of the Tapuika claimant community from the Tapuika Iwi Authority Trust

i. a letter must be written by the claimant community representatives to the Chair of the TIA Trust identifying the concerns and also seek a meeting to discuss these matters.

ii. the letter must be consigned by at least 150 adult members (aged 18 years and over) registered as Tapuika on the TIA iwi register

iii. if the meeting between the claimant community representatives and the Chair of the TIA Trust does not resolve the concerns, then the mandated body (executive committee or trust board) should then discuss the matter further and decide whether the issue should be put to the wider claimant community at a series of publicly notified hui;

iv. the publicly notified hui should follow the same process that conferred the mandate;
(a) with 21 days notice in national and regional print media;
(b) outlines the kaupapa of the notified hui;
(c) the background to the concerns;
d) the parties involved; and
(e) the resolution to the put to the claimant community;
(f) a TPK observer is invited to observe and record proceedings;

v. once the hui has been completed and the outcome of the voting process determined then the mandated body should inform the Office of Treaty Settlements by way of letter about the result and to discuss next steps for settlement negotiations. (This may involve some changes to the mandated body or another process to be undertaken to agreed with officials);

10.4.3 Withdrawal of Mandate by individual Hapu from the Tapuika Iwi Authority (TIA) Trust

i. a letter must be written by the hapu representatives to the Chair of the TIA Trust identifying the concerns and also seeking a meeting to resolve these issues

ii. the letter must be consigned by at least 75 registered adult members (aged 18 years and over) of each hapu

iii. if the meeting between the hapu representatives and the Chair of the TIA Trust does not resolve the concerns, then the TIA Trust Board should then discuss the matter further and decide whether the issue should be put to the hapu members at a publicly notified hui;

iv. the publicly notified hui should follow the same process that conferred the mandate;
(a) 21 days notice in national and regional print media;
(b) outlines the kaupapa of the notified hui;
(c) the background to the concerns;
d) the parties involved; and
(e) the resolution to the put to the claimant community;
(f) a TPK observer is invited to observe and record proceedings;

10.4.4 Removal of individual trustee/representative (by the hapū/community that they represent) from the TIA Trust

i. a letter must be written by the claimant community representatives to the Chair of the TIA Trust identifying the concerns about the trustee, and seeking a meeting to discuss these concerns.

ii. the letter must be consigned by at least 50 adult members (aged 18 years and over) registered as Tapuika on the TIA iwi register

iii. if the meeting between the claimant community representatives and the Chair of the TIA Trust does not resolve the concerns, then the TIA Trust Board should then discuss the matter further and decide what action shall be taken

v. if it is decided that the trustee should be replaced, the TIA Trust Deed contains provisions to remove and/or replace the trustee;

10.5. Mandate Hui

There will be two (3) mandating Hui held including two (2) within Te Takapu o Tapuika and one (1) in Rotorua with the first Hui commencing 10 August 2008.

All mandating Hui will be advertised in local and national newspapers at least 21 days prior to the Hui (see Attachment 1). The advertisement will clearly state the purpose of the Hui as specified in S4.2

Additionally all Hui will be advertised prior to each Hui on the Tapuika website www.tapuika.iwi.nz .The Tapuika Iwi Authority will also be providing an information booklet on the mandating process to participants at the hui and to those Tapuika members registered on the Iwi Register. Those Tapuika members who are not registered with the TIA will have an opportunity to do so prior to voting at each Mandating hui.

The Chairperson for the hui will be elected at the meeting. A minute secretary will be in attendance at all mandating hui to record the minutes and discussions which took place.

10.6 Independent Observers

Independent observers appointed by the Crown have been invited to attend and observe all Mandate Hui to ensure each hui meets the requirements for mandate as set out in this document and to oversee the voting process.

10.7 Hui Presentation

A standardized presentation will be given to attendees at each Hui (refer Attachment Three)
The presentation will cover the following matters;
- the purpose of the hui;
- a summary of Tapuika’s historical claims;
- the aim of negotiations and the scope of proposed settlement, i.e., comprehensive settlement of all the claimant group’s historical claims;
- the stages of negotiation
- the identity of the body seeking mandate;
- the structure and accountabilities of the mandated body;
- the Crown offer of an on-account payment;
- the mandate being sought and limitations
- discussion
- how tribal members who are not currently on the tribal register can enrol
- call for voting
- independent scrutineers appointed
- results announced

10.8 Mandating Hui Timetable

17 August 2008 11.00 am Tia Marae Te Paamu Te Puke
24 August 2008 11.00 am TPK Office 1218-1224 Haupapa St, Rotorua
31 August 2008 11.00 am Makahae Marae, Te Kahika, Te Puke