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Presentation to FOMA Roadmap to Success 2003 Conference Friday 17 October 2003

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 Presentation

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Presentation to FOMARoadmap 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

“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

CFRT’s Role