Preparations for Mandate Mediation

Reflect, reset and recalibrate

In October 2017 the Waitangi Tribunal released their report on the Ngātiwai Mandate Inquiry. The Tribunal found that the Crown breached:

  • the principle of partnership and the duty of active protection by failing to protect actively the tino rangatiratanga of the hapū included in the Deed of Mandate; and
  • the principle of equal treatment in relation to the hapū who remain within the mandate and have no realistic prospect of being able to withdraw compared with those hapū who were earlier allowed by the Crown to settle separately or that have been released from the mandate without explanation.

As a result the Tribunal recommended that the negotiations be paused so that
mediation or facilitated discussions take place to debate the unsatisfactory elements of the Deed of Mandate.

“If successful, the Deed of Mandate should be amended and re-submitted to the parties, including the 12 hapū listed [in the mandate] for endorsement or rejection.”

Having spent a considerable period of time confirming that the Crown will fund the mediation, during July and August the Board’s Treaty Claims Committee have been reaching out to the claimants in an effort to begin discussions about the mediation and in particular how to go about appointing a mediator and specialist advisors to support the

In terms of the upcoming Hui-ā-iwi the new Chairman, Aperahama Edwards says, \”We
are looking forward to meeting with our whānau on the 5th of September at Matapouri Marae. As a Board we have taken time to reflect, reset and re-calibrate ourselves, and it is a process that we are still working through.”

\”Working with our Kāhui Kaumātua we have commissioned an independent review of the Board\’s operations by management consultants Deloitte.”

From our recent reconvened AGM, our uri had questions about the financial position of the Board over the past few years, so we agreed to work with our Kāhui kaumātua to open the books to financial experts Deloitte, who we hope will answer the questions that our people have been asking.

“We look forward to the outcome of this review which were are expecting around the end of September to early October”, Aperahama says.

“This is part of the reflect, reset and recalibrate process we are doing as a Board, and what we want to also do as part of our Mandate mediation process. We are open and looking forward to having these discussions with our claimant hapū whānau.”

“They may be difficult conversations based on the history of our mandate, but they are conversations that need to be had. We want to own the pathway that has got us to this position of requiring mediation.”

“The Board want to take this as an opportunity to genuinely engage with our whānau to see how we can take our mandate to reflect, reset and recalibrate it with the input and aspirations of all our iwi. As Trustees and a Board we have begun working through our own issues in the spirit of kotahitanga and we want to go out to our people with the same intent, with honesty and with open hearts.”

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