W AITAHA
and
THE TRUSTEES OF TE KAPU O W AITAHA
and
THE CROWN
DEED OF SETTLEMENT: ATTACHMENTS
^ 7
ATTACHMENTS
TABLE OF CONTENTS
1 AREA OF INTEREST
2 DEED PLANS
3 LETTER FROM MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS TO MINISTER OF MAORI AFFAIRS
4 LETTER FROM MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS TO MINISTER OF SOCIAL DEVELOPMENT
5 DEED OF ENDOWMENT (HISTORY ENDOWMENT)
6 DEED OF ENDOWMENT (MARAE AND SOCIAL ENDOWMENTS)
(A
ATTACHMENTS
1 AREA OF INTEREST
Matakana Island
y M dtdpata Island IAdtukahajtai}a hJan d
M oturiki I s la n dt.to tu q ta ii lsKvi(l
R a n g i w a e aI s l a n dt .M iih o aI s 'a n d . M otiti Is landMOUNT IYIAUNGANUI
Omani; launiirJii hlii <1 . Matatapu Islandf. ■'Omniaolafj
.Oman i Br ?.. h
K jfru aMunnalapu B ia :hViilu r
U . r ln iZCgfwrf>z.>
■ 'f?.^o i. 7f t K i n . j i . i i -•' « -H- ' Kiyv'i .'0,( f^na1
r- .i - -, .1 JM sU ilu
I Te Puke
l . in l.r tiili..FaeBflaioafltilanran
/ • i l l s i t l| \\CongMawa
MQn>v.iro
Pn Kriharo?.'
Okeie fa lls
\Vh3noania>inu^
Waitaha Area of Interest
JXt-Zf
ATTACHMENTS
2 DEED PLANS
Te Whakairinga Korero
20 hectares, approximately, being Part Section 28 Block V Maketu Survey District, Part Section 1 Block VIII Otanewainuku Survey District and Part Otawa 2.
Moires
Approved as to boundaries:
the Crown
Approximate Scale
South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representalion. Boundaries
are Indicative only
OtawaAreas referred to in the deed of settlement between
Waitaha and the Crown
m
Te W hakairinga Korero
115 hectares, approximately, being Part Waitaha 1 Block and PartTe Puke Block.
1,000
ZD Metres
Approximate Scale
Approved as to boundaries:South Auckland Land District
Territorial Authority. Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are indicative only
Te Ara a HeifbrWaitaha
Areas referred to in the deed of settlement between Waitaha and the Crown behalf of the Crown
Statutory Acknowledgement
\
o
V.
X s%
V l _V->
! \
' A
}. / A A
-
y
y* V
20 hectares, approximately, being Part Sections 3 and 4 Block XVI Otanewainuku Survey District.
OTS - 075 - 03
§ South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic feseS? representation. Boundaries
are indicative only
OtanewainukuAreas referred to in the deed of settlement between
Waitaha and the Crown
(P t
Deed of Recognition
Kirildri
^ A 4 J R .*a
■191m— //
'apuhaoStream /
Gibraltar Rock
2.4 hectares, approximately, beingPart Sections 13 and 19 Block VIII Otanewainuku Survey District.
2. Raparaoahoe Marginal Strip 1.3531 hectares, more or less beingCrown Land (Marginal Strip) shown on Survey Office Plan 18926.
3. Raparaoahoe Marginal Strip 1.7 hectares, approximately being,Crown Land (Marginal Strip) shown on Survey Office Plan 22878.
4. Raparaoahoe Marginal Strip 2.7478 hectares, more or less, beingCrown Land (Marginal Strip) shown on Survey Office Plan 35444.
Metres
Approximate Scale
Approved as to boundaries:South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are Indicative only
Te Raparapa-a-Hoefor Waitaha .
fh .for arid on behalf of the Crown
Areas referred to in the deed of settlement between Waitaha and the Crown
Stream bed within Oropi Forest and No3 Road Conservation Ai
Welcome 8 .
mIvW w
Statutory Acknowledgement'v/acdME
>■'A302.Vii,
M W Confluence with Waiorohi Stream
a S i
Kafjte fans;
l f t ? |i ® ! !
'CASTLES'iv_roao /7
'ViTT^
jGORGP. P jP*
Source of River
m°tO
Approved as to boundaries;South Auckland Land District
Territorial Authority: Tauranga City &
Western Bay of Plenty District Compiled as a graphic
representation. Boundaries are Indicative only
Waimapu Riverfor Waitaha
Areas referred to in the deed of settlement between Waitaha and the Crown for anchor)’behalf of the Crown
AI Kilometres
Approximate Scale
Statutory Acknowledgement
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are indicative only
Areas referred to in the deed of settlement between Waitaha and the Crown
for Waitaha
, i h Mfor ancljoh behalf of the Crown
I 1£
—r"
i s ®, ,0t x t i ?
u .x I 0 - •' >
. i :\ jX-:
" F E ^ / i ; / / - — u l / -
Statutory Acknowledgement
Confluence with Kailuna River
fmm'Z 'A l.
xx: 'Jy-X? ■•-•it:
/ I < • ' • • • / / C X X / '- v S i^
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\ l k Vv •'•<»'••. V: ■
l i l l p* < VX£?/i »• ^ • •'j)'./ ( . V
v f. / /
■iW
Confluence with Te Rerenga & Whataroa Streams
Reck p . -
Mir J'l'SW'l0!o/s/ter>_ v . , / / - — ■ , . yy,
I . : < *
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B IS X '
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1 l i t/
y 7 a t X ' i
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x/5
( s
Approximate Scale
■ / . ' j ' y,x vM l< < (;. v )
. r S / H V J O T S - 07 5 - 0 8
w
South Auckland Land District
Territorial Authority: Western Bay o f Plenty District
Compiled as a graphic representation. Boundaries
are Indicative only
Waiari StreamApproved as to boundaries:
for WaitahaAreas referred to in the deed of settlement between
Waitaha and the Crown ttfiM.fo^jaitd oh belialf of the Crown
w i 7 / > 7 T t 7 7 T / i \ 7 T7i '/• .4—------------ ------------------A / Statutory Acknowledgement
-*■' ( \Psp3rr,bi \ f \ l) i\ 13 A3o.iV
— - Cn
O'jVifes*
Confluence with Kaituna River
;■] Kalate Wlls.
IWwcofclaijMe I : 1 331::
Te Puke A‘2/tnEHSAmfNpgt CTSoOisw'l'x??!
Coiol'im
JOHN BiK> B?AUR^
Source of Stream
v StiD&ut«d• / i Myifs'Reel
Gibraltar neck fit
!a4JU • .liM p 7
Isf.Vcr'gf- /
fMwiu
) ffdngMu A4K0 A ^
Approved as to boundaries:South Auckland Land District
Territorial Authority; Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are Indicative only
Te Raparapa-a-Hoe Streamfor Waitaha "
. .M * : " . . ........for andmn behalf of the Crown
Areas referred to in the deed of settlement between Waitaha and the Crown
OTS - 075 - 094
I Kilometers
Approximate Scale
Statutory Acknowledgement
Confluence with Kahuna River
■ j i S ilo -§ v
No.M)
i f fiudlM©&I— Te PukeL .u .y _ „cRv,n®&Sv\ , |—'AVp. USL ^ i-iliiiiiii*?/ J?
/ ib v ;{ / / a n-,i
to / i Icie*
< Uoropjco
. JOHNBrfl? H?lAlfe \\
■\•/",! Muirs fie Si
.a* 'Srkc| A£K3V ^
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Source of Stream:-k«.v 7 ~\ Ooualas Qomi
;/Gt20;
> lA IK I^lAiV ?r"
Kilomeltes
Approximate Scale
Approved as to boundaries:South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are Indicative only
Ohineangaanga Streamfor Waitaha
Areas referred to in the deed of settlement between Waitaha and the Crown lehaif of tHeCrown
L it
Statutory Acknowledgement j
176°10'
tT.UlAATA
Confluence with Waiari & Whataroa Streams \
'Msrigaloi0!3iKr/i:r,uku!,
' r r f r t n r x ^ ,
. Airslrip
TnrCj}Pi>
Mg iv . w
Source of Stream_[ITrr,C.XuJiV'
500 1,000 1,500 2,000 2,500 3,000
Metres
Approximate Scale
South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are Indicative only
Te Rerenga StreamAreas referred to in the deed of settlement between
Waitaha and the Crown
Approved as to boundaries:
for Waitaha
......... Aaiftrr.i.........../ t , Mfor 'ancL’bn behalf of the Crown
...... /h d i/. ffoi^ridtm behalf of the Crown
Statutory Acknowledgement
Confluence with Waltao Stream
Te n&toRiwifiiu
Kaiate Falls Source of Stream
1,500
I Metres
Approximate Scale
Approved as to boundaries:South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Complied as a graphic representation. Boundaries
are indicative only
Kaiate Streamfor Waitaha
Areas referred to in the deed of settlement between Waitaha and the Crown lehalf of the Crown
J f /c ;
Statutory Acknowledgement
'a Island
\_ p p f r a / J c e
# I--- Mauao (MT Maunganui)
dlum ocla/i'
u r iA / f o / c i f /
Moluotau Island
VIOUNT MAUNGANUI
Taumaihi Islar i
LJ)>’ iP Motuputa Island
A X • y,M o tukahakaha Island A [ 57. W| / / Motiti IslandK} ! H'a/rerc Day
A Mata tap u Island
V .
’ • ! / / \ " " ' ■' - / 'J
, # ' v n \ \ T Vr cl- ,\ ■ >J\ Kopuaroa Canal J <■"[^ fti iparapahbo Jb~
/ Cana7 j 7/
f t S
mu
I_____ i
10□ Kilometres
P o n g ak aw a
Approximate Scale
-rn filtta
CO
f a !
OTS - 075 - 15South Auckland
Land District Territorial Authority: Tauranga City and
Western Bay o f Plenty District Compiled as a graphic
representation. Boundaries are Indicative only
Coastal Marine AreaAreas referred to in the deed of settlement between
Waitaha and the Crown
Approved as to boundaries:
for Waitaha
Vest Fee Simple
iH in e p o to ^ / ' ' 's ite / ,x-'
2.8044 hectares, more or less, being Lots 1 and 2 DP 27157. All Transfer B525705.2
Metres
Approximate Scale Aerial Photography flown 2003
f !'Approved as to boundaries:South Auckland
Land DistrictTerritorial Authority:
Western Bay of Plenty District Complied as a graphic
representation. Boundaries are Indicative only
Hinepoto sitefor Waitaha
Areas referred to in the deed of settlement between Waitaha and the Crown leiValf of the Crown
South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are Indicative only
Areas referred to in the deed of settlement between Waitaha and the Crown
Proposed W ROW
Whitikiore
Te Haehae ^ _
Vest Fee Simple
g o Te Houhou
iP a p a m o a
Whitikiore
SO 428938
W - ■ . ,- v s • / . ' , ////
10.5 hectares, approximately, being Part Lot 2 DPS 24826. Part Computer Freehold Register SA23A/1366.Subject to survey.
Te Haehae2.25 hectares, approximately, being Part Lot 2 DPS 24826. Part Computer Freehold Register SA23A/1366.Subject to survey.250
D Metres
Approximate Scale Aerial Photography flown 2003 OTS - 075 - 18
Approved as to boundaries:South AucklandLand District
Territorial Authority: Tauranga City
Compiled as a graphic representation. Boundaries
are Indicative only
Te Houhoufor Waitaha
Areas referred to in the deed of settlement between Waitaha and the Crown ( iM ti!
ehalf of the Crownfor and
j mDPS 90491
Maketu SD
h Vest Fee Simple----------- — j t -
M aun garu a hi n e' PS /Hist or i c^Rese rve&
17.3200 hectares, more or less, being Section 51 Block V Maketu Survey District. All GN H076552.
Melies
Approximate Scale Aerial Photography flown 2003
Approved as biSouth Auckland Land District
Territorial Authority: Western Bay of Plenty District
Compiled as a graphic representation. Boundaries
are indicative only
Maungaruahine Pa Historic ReserveAreas referred to in the deed of settlement between
Waitaha and the Crown •$./.on beiValf of the' Crown
▲* JV* 4-
/ /
f {♦ %
Qs V <A \ 'Wtmi- v ^ Of ' - 4 q:
/ /f
i t
Vest Fee Simple
Sec 14 Blk I
Maketu SD
Pt Waitaha 1B2 DPS 73935
Pt Waitaha 1B3
Pt Waitaha 1B3
1 0 50 100 150 200 250
___ 1 Moiras 1
Approximate Scale Aerial Photography flown 2003
South Auckland Land District
Territorial Authority: Western Bay of Plenty District
Complied as a graphic representation. Boundaries
are Indicative only
5.0000 hectares, approximately, being Part Section 14 Block I Maketu Survey District. Part Proclamation 10017.Subject to survey.
OTS - 075 - 20
Otara Scenic ReserveAreas referred to in the deed of settlement between
Waitaha and the Crown
Approved as to boundaries:
for Waitaha
... .3- ■ •"‘>r.: .Jl.i3.iJifop/ahd on behalf of jhe Crown
4
ATTACHMENTS
LETTER FROM MINISTER FOR TREATY OF WAITANGI NEGOTIATIONS TO MINISTER OF MAORI AFFAIRS
Office of Hon Christopher FinlaysonAttorney-GeneralMinister for Treaty of Waitangi Negotiations Minister for Arts, Culture and Heritage
Hon. Pita Sharpies Minister of Maori Affairs Parliament Buildings WELLINGTON
Tena Koe Pita
The Office of Treaty Settlements is currently in negotiations with Waitaha Raupatu Trust to settle all Waitaha's historical Treaty of Waitangi claims.
Waitaha has a population of approximately 2000 members, based in and around Te Puke. Waitaha has suffered serious breaches of the Treaty, relating mainly to the New Zealand Wars (and in particular the treatment of their chief, Hakaraia), the Tauranga confiscation, the operation and impact of the native land laws, and the Crown's land purchasing techniques in the nineteenth century.
The Crown is currently working toward a Deed of Settlement with Waitaha which will be another significant step in terms of the Crown settling all Treaty claims by 2014.
An Agreement in Principle signed with the Waitaha Raupatu Trust in October last year provides that the Crown will explore, outside, but in parallel to the settlement process, how the aspirations of Waitaha for 'Maranga Waitaha’ may be met. Maranga Waitaha is a philosophy developed during negotiations which expresses the desire of Waitaha to improve their social, cultural and economic wellbeing. Maranga Waitaha also focuses on the social cohesion and revitalisation needs of Waitaha, especially in the areas of health, education, employment and housing.
Iwi are Increasingly using individual Treaty negotiations to set up post-settlement relationships with Ministers and Crown agencies and to secure mechanisms which address social, economic and cultural issues. As a result, the Crown is currently looking at ways to ensure iwi have clarity about how their relationship with the Crown will be managed post-settlement. This work may establish policy which will assist the Crown to fulfil its obligations to explore the aspirations of Waitaha for Maranga Waitaha, outside, but parallel to the settlement process.
In the interim, I would be grateful if you were able to encourage Te Puni Kokiri to actively assist Waitaha with the development and implementation of Maranga Waitaha.
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand. Telephone 64 4 817 6808 Facsimile 64 4 817 6508
lu r
I thank you in anticipation of your ongoing support in assisting with efforts to build on the Treaty relationship between the Crown and Waitaha.
Naku noa, na
Hon Christopher FinalaysonMinister for Treaty of Waitangi Negotiations
ATTACHMENTS
4 LETTER FROM MINISTER FOR TREATY OF WAITANGINEGOTIATIONS TO
MINISTER OF SOCIAL DEVELOPMENT
Office of Hon Christopher FinlaysonAttorney-GeneralMinister for Treaty of Waitangi Negotiations Minister for Arts, Culture and Heritage
Hon Paula Bennet 3 1 AUG 2009Minister of Social Development Parliament Buildings WELLINGTON
Tena Koe Paula
The Office of Treaty Settlements is currently in negotiations with Waitaha Raupatu Trust to settle all Waitaha’s historical Treaty of Waitangi claims.
Waitaha has a population of approximately 2000 members, based in and around Te Puke. Waitaha has suffered serious breaches of the Treaty, relating mainly to the New Zealand Wars (and in particular the treatment of their chief, Hakaraia), the Tauranga confiscation, the operation and impact of the native land laws, and the Crown's land purchasing techniques In the nineteenth century.
The Crown is currently working toward a Deed of Settlement with Waitaha which will be another significant step in terms of the Crown settling all Treaty claims by 2014.
An Agreement in Principle signed with the Waitaha Raupatu Trust in October last year provides that the Crown will explore, outside, but in parallel to the settlement process, how the aspirations of Waitaha for ‘Maranga Waitaha’ may be met. Maranga Waitaha is a philosophy developed during negotiations which expresses the desire of Waitaha to improve their social, cultural and economic wellbeing. Maranga Waitaha also focuses on the social cohesion and revitalisation needs of Waitaha, especially in the areas of health, education, employment and housing.
Iwi are Increasingly using individual Treaty negotiations to set up post-settlement relationships with Ministers and Crown agencies and to secure mechanisms which address social, economic and cultural issues. As a result, the Crown is currently looking at ways to ensure iwi have clarity about how their relationship with the Crown will be managed post-settlement. This work may establish policy which will assist the Crown to fulfil its obligations to explore the aspirations of Waitaha for Maranga Waitaha, outside, but parallel to the settlement process.
In the interim, I would be grateful if you were able to encourage the Ministry of Social Development to actively assist Waitaha with the development and implementation of Maranga Waitaha.
I thank you in anticipation of your ongoing support in assisting with efforts to build on the Treaty relationship between the Crown and Waitaha.
Naku noa, na
Hon Christopher FinlaysonMinister for Treaty of Waitangi Negotiations
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand. Telephone 64 4 817 6808 Facsimile 64 4 817 6^08
a
ATTACHMENTS
5 DEED OF ENDOWMENT (HISTORY ENDOWMENT)
(
(
rr>
WAITAHA RAUPATU TRUSTCOPY FOR YOUR
INFORMATION
(the “Trust")
Written resolution of the trustees of the Trust (the “T rust Board”)
Date: -J V a/ *=. 2009
Introduction
1. Under an Agreement in Principle for the Settlement of the Historical Claims of Waitaha dated 16
October 2008 (the “Agreem ent”) the Crown agreed to settle upon the Trust:
(a) . the sum of $300,000 for the purpose of commissioning a history to document fully the story
2. The Trust Board wishes to enter into a deed with the Crown, the Deed of Endowment on Separate
Specific Trust (the "Deed o f Endowment"), to give effect to the settlement of the Endowment.
3. The Trust Board wishes to authorise two of its members to affix the seal of the Trust Board to the
Deed of Endowment.
Resolution
4. The Trust Board resolves:
4.1 in accordance with clause 9.2(b) and (c) of the Trust Deed to accept the Endowment on
separate specific trust on the terms set out in the Agreement and reflected in the Deed of
Endowment, but otherwise in accordance with the terms of the Trust;
4.2 in accordance with clause 9.2(1) of the Trust Deed to enter into the Deed of Endowment with
the Crown in the form annexed to these resolutions;
4.3 in accordance with clause 12 of the Trust Deed to authorise any two of the members of the
Trust Board to affix the seal of the Trust to the Deed of Endowment and to witness the
affixing of the seal.
Signed by and for the Trust Board
of Waitaha and Hakaraia (the "H istory Endowment").
/ 7
l l L
WAITAHA RAUPATU TRUSTCOPY FOR YOUR
INFORMATION
(the "Trust")
Written resolution of the trustees of the Trust (the "Trust Board")
Date: J >/<-' a / <L 2009
Introduction
1. Under an Agreement in Principle for the Settlement of the Historical Claims of Waitaha dated 16
October 2008 (the "Agreement”) the Crown agreed to settle upon the Trust:
(a) the sum of $300,000 for the purpose of commissioning a history to document fully the story
2. The Trust Board wishes to enter into a deed with the Crown, the Deed of Endowment on Separate
Specific Trust (the “Deed o f Endowment"), to give effect to the settlement of the Endowment.
3. The Trust Board wishes to authorise two of its members to affix the seal of the Trust Board to the
Deed of Endowment.
Resolution
4. The Trust Board resolves:
4.1 in accordance with clause 9.2(b) and (c) of the Trust Deed to accept the Endowment on
separate specific trust on the terms set out in the Agreement and reflected in the Deed of
Endowment, but otherwise in accordance with the terms of the Trust;
4.2 in accordance with clause 9.2(1) of the Trust Deed to enter into the Deed of Endowment with
the Crown in the form annexed to these resolutions;
4.3 in accordance with clause 12 of the Trust Deed to authorise any two of the members of the
Trust Board to affix the seal of the Trust to the Deed of Endowment and to witness the
affixing of the seal.
Signed by and for the Trust Board
of Waitaha and Hakaraia (the “H istory Endowment").
Cr)i<lcL
Dated v / U/\J £
WAITAHA RAUPATU TRUST
and
HER MAJESTY THE QUEENin right o f N ew Zea land
DEED OF ENDOWMENT ON SEPARATE SPECIFIC TRUST
Date: June 2009
PARTIES
Waitaha Raupatu Trust (the "Trust”)
Her Majesty the Queen in right of New Zealand (the "Crown")
BACKGROUND
A. The Trust and the Crown have signed an Agreement in Principle for the Settlement of
the Historical Claims of Waitaha dated 16 October 2008 (the "Agreement"). Clause 28
of the Agreement provides, inter alia, that the Crown will pay $300,000.00 to the
Governance Entity on the Settlement Date to commission a history to document fully
the story of Waitaha and Hakaraia.
B. The Trust and the Crown have now agreed that the funding in clause 28 of the
Agreement will be released to the Trust, prior to the Settlement Date. The Crown
therefore agrees to settle upon the Trust the sum of $300,000.00 for the Trust to
commission a history to document fully the story of Waitaha and Hakaraia (the
"History Endowment”).
C. The particular terms of the History Endowment is as set out in this Deed.
D. The History Endowment is to be settled on the Trust and held by it on separate specific
trust, but otherwise in accordance with the terms of the trust deed for the Trust.
E. The parties have agreed to enter into this Deed to confirm the separate specific trust
on which the History Endowment is made.
TERMS OF THIS DEED
1. The Trustees agree to accept the History Endowment and to hold the same once
received on separate specific trust on the terms set out in this Deed.
2. The Trustees agree to receive and hold the History Endowment, together with the
income thereon, on separate specific trust (but otherwise in accordance with the terms
of the trust deed) for the following purpose:
3. The Trustees in accepting the History Endowment must keep it and any income derived
from it separate from the general assets of the Trust Fund, and administer it as a
separate specific trust.
4. The Trustees shall not use the assets of the History Endowment to make good any
deficit, loss, damage or breach of trust relating to the general assets of the Trust Fund
or any other separate specific trust. Similarly, the Trustees shall not use the general
to commission a history to document fully the story o f Waitaha and o f Hakaraia.
Ill
assets of the Trust Fund to make good any deficit, loss, damage or breach of trust
relating to the History Endowment.
5. The History Endowment shall each bear its own administration expenses plus a fair
proportion (determined by the Trustees) of the administration expenses applicable to
the general purposes of the Trust.
6. On the winding up of the Trust, any funds which comprise History Endowment funds
and any income derived from the History Endowment (after the payments of all costs,
debts and liabilities properly attributable to the History Endowment) shall be paid,
applied or appropriated to some other charitable organisation or organisations that
further the interests of Waitaha for such similar charitable purposes as the separate
specific trusts on which the History Endowment is held under this Deed.
ikA7
EXECUTED as a DEED for and onbehalfof the CROWN
Signature
Hon Christopher Finlayson, Minister of Treaty of Waitangi Negotiations
in the presence of
Witness signature
U
Fujlyiame
1<S\aAddress
Occupation fj
EXECUTED as a DEED under the ) nameand seal of the W AITAHA RAUPATU ) TRUST
)Signature
Full name
Address
^ L
Occupation
l / f c
COPY FOR YOURWAITAHA RAUPATU TRUST INFORMATION
(the "Trust")
Written resolution of the trustees of the Trust (the “T r u s t Board")
Date: O' -Q 2009
In t ro d u c t io n
1. Under an Agreement in Principle for the Settlement of the Historical Claims of Waitaha dated 16
October 2008 (the "A g reem en t" ) the Crown agreed to settle upon the Trust:
(a) the sum of $300,000 for the purpose of commissioning a history to document fully the story
2. The Trust Board wishes to enter into a deed with the Crown, the Deed of Endowment on Separate
Specific Trust (the “D eed o f E n d o w m e n t ”), to give effect to the settlement of the Endowment.
3. The Trust Board wishes to authorise two of its members to affix the seal of the Trust Board to the
Deed of Endowment.
R e s o lu t io n
4. The Trust Board resolves:
4.1 in accordance with clause 9.2(b) and (c) of the Trust Deed to accept the Endowment on
separate specific trust on the terms set out in the Agreement and reflected in the Deed of
Endowment, but otherwise in accordance with the terms of the Trust;
4.2 in accordance with clause 9.2(1) of the Trust Deed to enter into the Deed of Endowment with
the Crown in the form annexed to these resolutions;
4.3 in accordance with clause 12 of the Trust Deed to authorise any two of the members of the
Trust Board to affix the seal of the Trust to the Deed of Endowment and to witness the
affixing of the seal.
Signed by and for the Trust Board
of Waitaha and Hakaraia (the "H istory E n d o w m e n t ”).
Initialled deed of se t t lem en t for p resen ta tion to Waitaha for ratification p u rp o se sATTACHMENTS
6 DEED OF ENDOWMENT (MARAE AND SOCIAL ENDOWMENTS)
t u
j b flc c e m b e /Dated 2008
WAITAHA RAUPATU TRUST
and
HER MAJESTY THE QUEENin right of New Zealand
DEED OF ENDOWMENT ON SEPARATE SPECIFIC TRUST
Date: December 2008
PARTIES
Waitaha Raupatu Trust (the "Trust")
Her Majesty the Queen in right of New Zealand (the "Crown”)
BACKGROUND
A. Under an Agreement in Principle for the Settlement of the Historical Claims of Waitaha dated 16
October 2008 (the "Agreement”) the Crown agreed to settle upon the Trust:
1. the sum of $500,000 for the purpose of restoring and revitalising Hei Marae (for the benefit
of all Waitaha) (the “Marae Endowment”); and
2. the further sum of $500,000 for the principal purpose of identifying and remedying the
health, education, employment, housing, and socio-economic needs of Waitaha and for the
ancillary purpose of advancing the culture of Waitaha through educational endeavours (the
“Social Endowment”);
(together the "Endowments”).
B. The particular terms of each Endowment are as set out in the Agreement and reflected in this
deed.
C. It was a condition of the Agreement, before the Crown would settle the Endowments, that the Trust
register with the Charities Commission as a charitable entity. The Trust is now registered with the
Charities Commission.
D. It was a further condition of the Agreement that the Trust in receiving the Marae Endowment would
then hold the Marae Endowment (and would not apply the Marae Endowment to any of the
purposes set out in the Agreement and reflected in this deed) until such time as the trustees of the
Trust were satisfied that an appropriate person or entity had been identified to oversee the
restoration of the Hei Marae.
E. The Endowments are to be settled on the Trust and held by it on separate specific trusts, but
otherwise in accordance with the terms of the trust deed for the Trust.
F. The parties have agreed to enter into this deed to confirm the separate specific trusts on which the
Endowments are made.
Lit
TERMS OF THIS DEED
1. The Trustees agree to accept the Endowments in accordance with the Agreement and to hold the
Endowments once received on separate specific trusts on the terms set out in the Agreement and
reflected in this deed.
Marae Endowment
2. The Trustees agree to receive and hold the Marae Endowment, together with the income thereon,
on separate specific trust (but otherwise in accordance with the terms of the Trust) for the following
purposes:
for the purpose o f restoring and revitalising Hei Marae (for the benefit o f all Waitaha).
3. The Trustees agree in accepting the Marae Endowment that they will hold the Marae Endowment
(and will, not apply the Marae Endowment to any of the purposes set out in the Agreement and
reflected in this deed) until such time as the trustees of the Trust are satisfied that an appropriate
person or entity has been identified to oversee the restoration of the Hei Marae.
Social Endowment
4. The Trustees agree to receive and hold the Social Endowment, together with the income thereon,
on separate specific trust (but otherwise in accordance with the terms of the Trust) for the following
purposes:
for the principal purpose o f identifying and remedying the health, education, employment,
housing and socio-economic needs o f Waitaha, and the ancillary purpose o f advancing the
culture o f Waitaha through educational endeavours.
5. Without limiting the generality of the foregoing, the Trustees agree that, to achieve the purposes
referred to in clause 4 of this deed, the Trust may (without limitation) apply the Social Endowment,
together with the income thereon, to employ a Whole of Government Facilitator or Facilitators, to:
5.1 begin implementing Maranga Waitaha;
5.2 co-ordinate Waitaha’s participation in any assessment of the priorities and strengths and
gaps in the delivery of social services to Waitaha, and any scoping proposal for the
development of Maranga Waitaha, and
5.3 facilitate Waitaha’s interactions with government agencies generally.
General Matters
6. The Trustees in accepting the Endowments must keep each Endowment and any income derived
from that particular Endowment separate from the general assets of the Trust Fund (and separate
from each other), and administer each Endowment as a separate specific trust.
7. The Trustees shall not use the assets of either Endowment to make good any deficit, loss, damage
or breach of trust relating to the general assets of the Trust Fund (or to each other) or any other
separate specific trust. Similarly, the Trustees shall not use the general assets of the Trust Fund to
make good any deficit, loss, damage or breach of trust relating to the particular Endowment.
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8. The Endowments shall each bear their own administration expenses plus a fair proportion
(determined by the Trustees) of the administration expenses applicable to the general purposes of
the Trust.
9. On the winding up of the Trust, any funds which comprise Endowment funds and any income
derived from the Endowments (after the payments of all costs, debts and liabilities properly
attributable to each Endowment) shall be paid, applied or appropriated to some other charitable
organisation or organisations that further the interests of Waitaha for such similar charitable
purposes as the separate specific trusts on which the Endowments are held under this deed.
EXECUTED as a DEED for and on behalf )of the CROWN )
)
Hon Christopher Finlayson, Minister of Treaty of Waitangi Negotiations
in the presence
WiMess
J o i'/ b J ___________Full name
12°) C Il g i o m o ( Z £ S t ,Address
/ j t > u < s o / zOccupation
EXECUTED as a DEED under the name )and seal o f the WAITAHI RAUPATU )TRUST
) Signature
in the presence of
/ }c 'j r<r-VL
Witness signature
S /9 a / & <*? f l f^O ’T A K '-?Full name
*-/- * M ’*) tv o £ f< A >1 h / > c.Address
W .Ay 1/ i ±Occupation
Signature
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