The Framework Agreement

A Summary of the Framework Agreement

The Office of Treaty Settlements is the Government Agency facilitating the negotiations. The Framework Agreement is non-binding and does not create legal relations; and it cannot be used as evidence in any proceedings before, or presented to, the courts, the Waitangi Tribunal or any other judicial body or tribunal, unless agreed between the parties.

Purpose of the Agreement

The document described the general scope, objectives and procedures for formal negotiations between the Crown and the Hauraki Collective.
The document offered to the Hauraki Collective specific items of financial and commercial redress.
The document outlined a process by which the Crown and Hauraki Collective would negotiate further redress following the signing of the Framework Agreement.

Breaches of The Treaty

The Crown’s confiscation of land in East Wairoa and central Waikato (Maramarua)
The resulting insufficiency of land holding retained by Hauraki Māori for their future sustenance and growth
The large scale and rapid Crown purchasing of Hauraki Māori land in the latter part of the 19th century, which contributed to the overall landlessness of Hauraki Māori
In general, the perceptions of rebellion and the subsequent confiscation of lands and the failure to provide reserves and the subsequent taking of land for certain public works

Points of Redress

The Framework agreement set out the following redresses that were to be included and/or negotiated in to the final Deed of Settlement (i.e. the settlement). In the Framework Agreement was:

An agreed historical account, Crown acknowledgment and an apology

A fundamental component of the settlement is the establishment of agreed historical accounts, Crown acknowledgements and an apology.
Once historical accounts have been agreed, the Crown will acknowledge certain actions or omissions were a breach of the Treaty of Waitangi and an apology will be issued because of these breaches to the Treaty of Waitangi and its principles.

Financial and commercial redress

Transfer of ownership to the Hauraki Collective of the Crown forestry assets at Kauaeranga; Tairua; Whangapoua; Waihou; and Whangamata. (these assets will be valued and will be offset against the gross cash settlement amount)
Payment to the Hauraki Collective of accumulated rentals from the Crown forests since 1990. These are in addition and separate to the financial redress amount.
Negotations for redress in relation to Athenree Crown Forest Licensed land.
The Hauraki Collective will be able to purchase the Whenuakite farm which is currently owned by Landcorp at an agreed transfer value.
The ability for the Hauraki Collective to purchase properties held in the Office of Treaty Settlements Landbank within the Hauraki region.
To explore the possibility of offering the Hauraki Collective an option to purchase and leaseback an agreed list of core Crown properties (no commitment has been made over Ministry of Education properties)
First right of refusal for 170 years to purchase core and non-core Crown entities.

Cultural redress

Officially recognize (how to recognise these areas is still to be negotiated) sites of cultural significance (which will also have high conservation value) including: Maunga - Mountains (in particular the mountains at Te Aroha and Moehau); Motu - Islands, others sacred or tapu sites.
Acknowledgement of the cultural significance and recognition of iwi interest in the rivers and the marine and coastal areas of the District.
To understand more about the high ancestral, spiritual and cultural areas of significance within the Hauraki region (read from page 6 of the Framework agreement).

Co-Governance

The Framework Agreements sets out to explore in the final Settlement the co-governance of:

Public conservation land
The Waihou and Piako Rivers and their catchments

Crown-Iwi Relations

The Treaty of Waitangi is the framework for any future relationship and the future of the Crown/iwi relationship must be based on the principles of the Treaty.

Departmental Protocol

The Framework Agreement aims to explore, departmental protocols with the:

The Minister of Energy and Resources
The Minister for Arts, Culture and Heritage
The Minister of Fisheries.

Promotion of relationship with relevant local authorities, museums, libraries, art galleries and tertiary institutions.

The Minister for Treaty of Waitangi Negotiations will write letters to an agreed list of local authorities, museums, libraries, art galleries and tertiary institutions encouraging them to enter into a formal relationship with the Hauraki Collective, for example through a memorandum of understanding or similar document.

Place Name Changes

Explore the possibility of amending or assigning an agreed list of place names of significance to the iwi of the Hauraki Collective.

Important Note: The agreement is non-binding and does not create legal relations; and it cannot be used as evidence in any proceedings before, or presented to, the courts, the Waitangi Tribunal or any other judicial body or tribunal, unless agreed between the parties.