WAI 303 Ngāti Whātua Treaty Claim

Background

Since 1992, the Rūnanga has carried out a key role in progressing the iwi claims of Ngāti Whātua through the claim, WAI 303. The Rūnanga has managed the WAI 303 claim on behalf of all of Ngāti Whātua to ensure that the iwi moves forward and settles its historical iwi claim. In addition, the Rūnanga is committed to providing a unified approach across Ngāti Whātua hapu who have not yet settled.

The claims associated with the Ngāti Whātua o Kaipara negotiations do not form a part of the negotiations led by the Rūnanga. Further, the claims that have been, or are in the process of being settled, as part of the Te Roroa, Te Uri o Hau and Ngāti Whātua o Orakei do not form part of these negotiations.

The Claimants

The claimants include all of Ngāti Whātua iwi in the context of the WAI 303 iwi claim. The claimant group therefore includes all individuals, whanau and hapu within the iwi of Ngāti Whātua who descend from the tupuna, Haumoewarangi and other recognised tupuna. This is consistent with the Rūnanga's Charter and Te Rūnanga o Ngāti Whātua Act 1988.

The Rūnanga is pursuing direct negotiations with the Crown whilst maintaining a watching brief in the Northland Inquiry in order to protect Ngāti Whātua interests within that inquiry district.

On 21 May 2008, the Crown confirmed the Rūnanga as being representative of a large natural grouping for Treaty settlement negotiations. The Crown endorsed the Rūnanga's mandate strategy on 23 May 2008.

Deed of Mandate

The Deed of Mandate was recognised in December 2008 by the newly elected National Coalition government.

Below is a copy of the Deed of Mandate.

Terms of Negotiation

The Rūnanga has signed a Terms of Negotiation with the Crown. This sets out the scope, objectives and general procedures for the discussions that the Crown and Ngāti Whātua will have as part of the negotiation. The Rūnanga signed Terms of Negotiation with the Crown (subject to approval of the Deed of Mandate) in October 2008.

To achieve the best possible outcome for negotiations, all beneficiaries of the claim are encouraged to register with the Rūnanga, if they have not already done so. This can be done by clicking on the 'Registration' link in the column to the left.

Agreement in Principle (AIP)

The Rūnanga has experienced a shift in the timeframes as we work towards completion of negotiations with the Crown.

As a result of external factors relating to changes in Crown policy and a change in the Crown’s strategy for settlement of the Tāmaki Makaurau claims, there has been slippage in the timeframes previously submitted to achieve an AIP and deed of settlement.

However at the same time, we are also negotiating in a manner that does not interfere with and in fact assists our neighbouring groups so that we are all able to reach comprehensive agreements in a timely fashion.

Our most recent negotiating efforts have seen us working on specific negotiations over the following matters:

  • Kaipara Harbour co-management;
  • Tāmaki Makaurau maunga;
  • Tāmaki Makaurau Rights of First Refusal on surplus Crown properties
  • Historical account

The inclusion of WAI 303 in the Tāmaki Makaurau Collective has also meant participating in the decision making with regards to our interests in Tāmaki Makaurau; some of this work is outlined above.

We have also worked on the assumption that our negotiations will be best addressed once the settlement packages for constituent Ngāti Whātua groups, Ngāti Whātua o Kaipara and Ngāti Whātua o Orakei as well as the deed of settlement for the Tāmaki Collective are fully concluded.