presentation to foma roadmap to success 2003 conference
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Presentation to FOMA Roadmap to Success 2003 Conference. Friday 17 October 2003. 1989 Forestry Agreement. NZMC and FOMA legal challenge upheld by High Court resulting in a formal agreement between the Crown and Maori Clause 6: Crown-Maori Agreement, 20 July 1989 - PowerPoint PPT PresentationTRANSCRIPT
1989 Forestry Agreement• NZMC and FOMA legal challenge upheld
by High Court resulting in a formal agreement between the Crown and Maori• Clause 6: Crown-Maori Agreement, 20 July 1989
“The Crown and Maori agree they will jointly use their best endeavours to enable the Waitangi Tribunal to identify and process all claims relating to forestry lands and to make recommendations within the shortest reasonable period”.
Role of CFRT• Maori and Crown execute a deed to establish
Crown Forestry Rental Trust• Recital C, Trust Deed, 30 April 1990a) Receive the rental proceeds from the Crown Forest Land
upon which Crown Forestry Assets are located; andb) Make the interest, earned from investment in those
rental proceeds, available to assist Maori in the preparation, presentation and negotiation of claims before the Waitangi Tribunal which involve, or could involve, certain Crown Forest land.
Current Trustees• Sir Graham Latimer (Chairman) - 1990 to present
• Whatarangi Winiata – April 1997 to present
• Maryan Street – August 2000 to present
• Gregory Fortuin – November 2002 to present
• Paul Morgan – June 2003 to present
• Angela Foulkes – September 2003 to present
CFRT Tax Update• CFRT continuing to seek the best tax solution (Charitable,
Maori Authority, or Qualifying Trust).• CFRT has a responsibility to seek the best option for its
beneficiaries.• CFRT continues to negotiate for a political solution for its tax
status.• CFRT has filed its appeal with Privy Council, due to be heard
24-25 Nov 2003• CFRT has confirmed two Trustees to oversee the resolution
to the tax issue.
Refer p3 Report to Appointors 02-03 for additional information
CFRT Errata• A series of typographical errors have been identified in the 02/03 Report to
Appointers. These errors appear on page 25 of the report. Corrections are:
2003 2002HaurakiNgati Koi Claimant Committee 19, 758
King CountryManiapoto Maori Trust BoardTe Maru o Rereahu Trust 50, 625Te Nehinehi Claims Roopu 23, 625
CFRT FinancialsTotal accumulated rentals as at 31 Mar 03 $348,934,191
Year To 31 Mar 03 31 Mar 02 31 Mar 01Total
Income 21,300,000 $21,300,000$21,500,000
ExpenditureDirect Assistance
To Claimants $5,540,000 $7,065,000 $5,888,000Indirect Services $7,326,000 $7,384,000 $7,051,000Administration $2,759,000 $2,548,000 $2,861,000
Refer to Report to Appointors 02-03 p 16 & 01-02 p 14
CFRT Focus• CFRT supports early settlement of claims involving
Crown Forest Licensed Land.
• Priority to support early settlement in the Central North Island and other early settlements where viable opportunities arise – Government advanced CNI as a priority.
• Deliver high quality information to support early settlement.
CFRT ActivitiesCentral North Island (CNI) Update• Ngati Manawa and Ngati Whare have completed
advertising deed of mandate - ended on 10 October 03.• Ngati Tuwharetoa - preparing for deed of mandate• Te Arawa – an Executive Council made up from Nga
Kaihautu o Te Arawa has been selected as mandated representatives on behalf of all Te Arawa in direct negotiations with the Crown.
Continued…
CFRT ActivitiesCNI Update Continued…
• Ngai Tuhoe me Nga Hapu o Te Urewera are considering options for advancing their claims – first Urewera hearing is scheduled for Nov 03.
• While CNI discussions are at a very early stage, CFRT is optimistic that definite progress will be made towards returning significant assets to their rightful owners within the shortest reasonable period.
Refer to Report to Appointors 02-03 p 7
CFRT ActivitiesThe CFRT has developed a series of policies to assist claimants to pursue settlement through either the Waitangi Tribunal process or by direct negotiation with the Office of Treaty Settlements.
• Ngati Apa – completed their deed of mandate six months ahead of schedule.
• Te Tau Ihu – cooperation between all parties means hearings for this district conclude in Jan 2004.
Refer to Report to Appointors 02-03, Achievements pp 6-10 for additional claimant communities information
Business Development TeamWhy the need?
• Lack of understanding about how CFRT operates in the settlement process
• Lack of understanding around the realities of settlement
• Need to view settlement in larger context of Maori development
Business Development TeamWork programme
• Define the settlement process from claimant perspective and how CFRT operates in that space
• Implement a sustainable development approach
• Educate claimant communities about the negotiations process
Settlement Process
WritingResearch
Waitangi Tribunal Process
Iwi Claimant
ClaimLodged
ReportWriting
ClaimResearched
JudicialConf.Time
Tabling
HearingsReport
Released
Hapu Claimant
Individual Claimant
Legal Legal
Research Legal Legal
Communications
Returnof
AssetMandate
RatificationProcess
Terms of Negotiation
Heads of Agreement
DraftDeed
Initialed
FinalDeed
Signed
LegislationDrafted &
Read
SelectCommittee
Process
Communications
New Structure
Legislative ProcessNegotiations Process Vote
Direct Negotiations Process
Negotiation
Post-Settlement Planning Vote
Comms Communications
Mandated Authority M/A
Restruct
Political Lobbying
Restruct
Knowledge generation
Negotiations Companions
WT Mandate Pre-Neg NegAssetGrowth
ProcessKnowledge
ProcessKnowledge
3. Identify Capability Gaps And Refine Proposed Model
4. Layout Implementation Plan And Launch Strategic Initiatives
1. Review Starting Position• Demographic and socio-economic characteristics• Financial and non-financial assets and capabilities• Trends affecting the hapu, the region and NZ in general
2. Develop Vision, Strategy And Enterprise Model
Define requirements based on
• Maori aspirations• Legal requirements• Activities of related
organisations(
Understand models employed by similar organisations
• Other Maori tribes • Analogous
organisations- NZ-based and
offshore
Design proposed enterprise model
• Key activities
• Organisation design
• Governance
• Linkages
Develop vision and strategy
• Social• Cultural• Commercia
l• Environme
ntal
BDT Development Framework