Foreshore and Seabed

NEGOTIATIONS BETWEEN THE CROWN AND THE HAPŪ O TE WHĀNAU

Discussions with the negotiating representatives of the hapū of Te Whānau-a-Apanui commenced in early 2004. Terms of Negotiations (PDF 1382KB) were signed in November 2004.

The Crown and the negotiating representatives of the hapū of Te Whānau-a-Apanui signed a Statement of Position and Intent (PDF 415KB) in September 2005 which recorded:

• the progress made in foreshore and seabed negotiations at that time;
• matters which required further negotiation; and
• the agreed approach to progress the negotiations further.

The Statement of Position and Intent (PDF 415KB) is not legally binding on the parties. It is recorded the agreed understanding of the parties about the progress of negotiations and also assisted the negotiating representatives in communications with the hapū of Te Whānau-a-Apanui.

On 28 February 2008 the Crown and the negotiating representatives of the hapū of Te Whānau a Apanui) signed Heads of Agreement (PDF 8122KB). The Heads of Agreement comprises two parts:

1. A letter to the hapū of Te Whānau a Apanui, signed by the Attorney-General and the Minister of Māori Affairs, and countersigned by the negotiating representatives of the hapū of Te Whānau a Apanui on Thursday 28 February. This letter records the progress made to date and notes next steps to reach a finalised Deed of Agreement; and
2. The draft Deed of Agreement outlining the nature, scope and extent of the instruments to be provided to the hapū of Te Whānau a Apanui who choose to ratify the finalised Deed of Agreement. This draft Deed of Agreement will be the basis of the finalised Deed of Agreement.

What happens next?

There are some sections of the draft Deed of Agreement that the parties are still discussing, for example, the location of the territorial customary rights areas, which is based on the collation of supporting evidence.

Once the remaining outstanding matters have been agreed, a final version of the Deed of Agreement will be put before Cabinet and the hapū of Te Whānau a Apanui for ratification.

Once ratified, appointed representatives of the hapū o Te Whānau a Apanui will file an application in the High Court for confirmation that the requirements for a finding by the High Court under section 96 of the Foreshore and Seabed Act have been satisfied.

Legislation will also be required to give effect to the Deed of Agreement once the territorial customary rights areas have been confirmed by the High Court.

A summary of the Te Whanau a Apanui Heads of Agreement can be accessed here: [HTML three page summary] [PDF three page summary].

Fact sheets on the recognition instruments to be provided to the hapu of Te Whanau a Apanui can be accessed here: [HTML factsheets] [PDF factsheets]. 

Links

Te Rūnanga o Te Whānau Website: www.apanui.co.nz

Page last updated 17/03/08