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The claims process

The Ngaati Wairere Treaty Claims Trust is to negotiate a settlement for Ngaati Wairere iwi  using the Direct Negotiations Process.

In reaching settlement, a process is followed that has a number of milestones, the key ones in their order being -

MANDATE STRATEGY

  •  The preparation of a mandate strategy and confirmation by the Crown that the Ngaati Wairere Treaty Claims Trust is the mandated entity to negotiate on behalf of Ngaati Wairere. This is the process where funding will be granted for the negotiations process.

DEED OF MANDATE (DOM)

  • States who has the authority to represent the claimant group in negotiations with the Crown

  • Describes how this mandate was obtained and how the negotiators are to be held accountable to their wider claimant community

  • Defines the claimant group, the claim area and the claims that are intended to be settled​

TERMS OF NEGOTIATION (TON)

  • Common terms are agreed between the Trust and the Crown. These provide the basis upon which Trust and Crown negotiate an Agreement in Principle and a Deed of Settlement.

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AGREEMENT IN PRINCIPLE (AIP)

  • An Agreement in Principle sets out the key parts of redress that would be developed for settlement.

INITIALLED DEED OF SETTLEMENT (iDOS)

  • A Deed of Settlement (DOS) is initialled by the Trust and brought back to Ngaati Wairere beneficiaries for approval under a process called ratification.

RATIFICATION PROCESS

  • The initialled Deed must be approved by Ngaati Wairere before it becomes binding.

  • A strategy is followed to allow Ngaati Wairere to ratify the strategy itself, the DOS and the establishment of the Post Settlement Governance Entity (PSGE).

ESTABLISHMENT OF THE POST SETTLEMENT GOVERNANCE ENTITY (PSGE)

  • The PSGE is the legal entity established to hold and manage settlement assets, and to exercise the forms of cultural redress which are provided for Ngaati Wairere iwi in the settlement.

SIGNED DEED OF SETTLEMENT

  • Once ratified, the Deed of Settlement will be signed by the Trust and prepared for the legislative process.

PASSAGE TO LEGISLATION

  • The Ngaati Wairere Claims Settlement Bill will be introduced to Parliament where it will be read three times for scrutinisation by the Select Committee and the Committee of the Whole House.

  • Submissions from the public are considered when deciding whether or not the Bill will be fit for an Act of Parliament.

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