Te Ture Whenua Maori Iwi Leadership Group

Transcription

1 Te Ture Whenua Maori Iwi Leadership Group The Agreed Parameters for Iwi engagement on the development of the new Ture Whenua Maori Bill and Related Policy 1 May 2014

2 Introduction 1. After 40 years, the Te Ture Whenua Maori Act 1993 (repealed and) replaced the Maori Affairs Act It took 10 years to develop the Te Ture Whenua Maori Act 1993 ( TTWMA ). 3. The Attorney General (Minister Finlayson) made it clear at Waitangi on 5 February 2014 that the TTWMA will be repealed and a new act for Maori land will be established. 4. The Parliamentary Counsel s Office (Parliaments Inhouse Solicitor) has been instructed to draft the new Ture Whenua Maori Bill based on the summary presented by the Attorney General on 5 February The Maori Land Court comes under the Ministry of Justice. This government has been clear on its agenda to effect change which it sees as efficient and Better Public Service. The overhaul of Legal Aid and the Family Court are examples of this approach in the Ministry of Justice. 6. Unless otherwise agreed, all Maori will only have input to the new Bill through the Maori Affairs Committee process.

3 Background 1. On 5 February 2014 the Attorney General: 1. Presented a summary of what the new Ture Whenua Maori Bill would contain; 2. Agreed to engage with Iwi Chairs prior to the new Bill being introduced. 2. Iwi Chairs agreed on 5 February 2014: 1. That Willie Te Aho lead the Iwi Chairs Team (now called Iwi Ture Whenua Maori Forum ( Iwi Forum )) with Raniera Tau working directly with the Attorney General. 3. On 14 February 2014 the government officials confirmed that: 1. the Parliamentary Counsel s Office ( PCO ) has already been instructed to prepare the new Ture Whenua Maori Bill; and 2. the Ministers support an Iwi technical team working with the Crown technical team (led by John Grant with John Stevens & Mataanuku Mahuika) to draft the new Bill once it is received from the PCO in mid March This proposed approach by Crown officials to co draft legislation from inception with an Iwi technical team is a first for the Iwi Chairs Forum.

4 Iwi Ture Whenua Maori ILG ( Whenua ILG ) 1. Following an invitation on 5 February 2014 from the Iwi Chairs Forum and a panui from Willie Te Aho through the Iwi Secretariat, the confirmed members of the Iwi Forum are: Chair - Raniera Tau (Ngapuhi), Haami Piripi (Te Rarawa), Selwyn Parata (Ngati Porou), Piki Thomas (Te Pumautanga o Te Arawa), Kemp Dryden & Che Wilson (Ngati Rangi), David Jones (Rongowhakaata), Tamarapa Lloyd (Ngati Tuwharetoa), John Hooker, Hori Manuirirangi and Te Oti Katene (Ngaruahine), Donna Flavell and Sandra Cook (Ngai Tahu), Spencer Webster (Ngai Te Rangi), Rikirangi Gage & Dayle Takitimu (Te Whanau a Apanui), Kerensa Johnston and Traci Houpapa and Te Horipo Karaitiana (FOMA). 2. This Iwi Forum will be chaired by Raniera Tau. This forum has been kept up to date on all developments on this issue.

5 Whenua Technical Advisory Group (TAG) 1. The role of the Whenua TAG is to ensure that: 1. the Whenua TAG receives all drafts of the Bill and has the opportunity to provide feedback; 2. a conference call is convened prior to any engagement with the Crown to confirm options/positions for discussion with the Crown; 3. the consolidated view of the Whenua TAG is forwarded to the Crown, and discussed; 4. all updated drafts of the Bill are circulated to the ILG; 2. Linda Te Aho will lead the Whenua TAG. She is a senior lecturer in Maori Land Law at the University of Waikato and is on (and has the support of) the Executive for Te Hunga Roia Maori o Aotearoa (Maori Lawyers Association). The other agreed Whenua TAG members are: John Hooker, Donna Flavell, Kerensa Johnston, Tamarapa Lloyd and Spencer Webster. Willie Te Aho will also support this TAG where required. 3. From 1 May 2014 Linda Te Aho was contracted to work directly with John Grant (TPK), John Stevens (Independent Trust and Maori Land expert) and Matanuku Mahuika (Chair, Independent Expert Panel) following 2 conference calls and 3 Workshops with the Crown officials and available Whenua TAG members.

6 Increasing Productivity: $8 billion output Policy and Resourcing Issues. 1. At Waitangi on 5 February 2014 the Prime Minister, Minister for Primary Industries and the Attorney General/Associate Minister of Maori Affairs all noted:billion in gross output. 1. if 960,000 hectares of Māori land is brought up to average industry benchmarks for productivity the benefits include an additional $8 billion in gross output 2. Apart from lands used to benefit public (eg Whenua Rahui), pre 1990 native carbon sinks and individual lots less than 5 acres, and subject to the types of production that takes place, this type of output would be great for this country and Maori land owners. 3. From the Iwi Chairs perspective, it is critical that the policy and resourcing is developed at the same time as the legislative framework is developed.

7 Overall Objective 1. The aim of the Whenua ILG and the Whenua TAG will be to reach an agreement on the new Bill in its entirety and the necessary policy/resourcing support needed to ensure that productivity on appropriate Maori land (approximately 900,000 hectares) is lifted to the average productivity benchmarks.

8 Iwi & Crown Engagement for the new Ture Whenua Maori Co Decisions Co Direction Co Drafting Iwi Chairs Forum Ministers/Cabinet* Iwi TWM Forum Senior Officials Group Iwi Ture Whenua TAG Crown TAG * It is acknowledged that Cabinet will make all final decisions on the Bill, and Parliament will confirm the Act.

9 Queries Any questions in relation to this presentation can be sent to Willie Te Aho in the first instance or mobile: ) or to the Whenua ILG Chair, Raniera Tau All final decisions on the issues contained in this presentation will be made by Iwi Chairs at the Iwi Chairs Forum to be held in Te Wai Pounamu (Tuahiwi Marae) on 28 and 29 August 2014.