I’ve managed to obtain these Deed of Settlement documents dated December 2014 from OTS. Unfortunately the NKKWTB aren’t willing to provide the latest versions to our Iwi, but perhaps someone could ask them for the latest copy. While your at it could you please also ask them for a copy of the Draft PSGE Constitution as well?
51338514_Ngatikahu ki Whangaroa – General Matters_(v10)
51338681_Ngatikahu ki Whangaroa – Documents_(v10)
51338996_Ngatikahu ki Whangaroa – Attachments_(v6)
We all know that the Crown wants to sign-off a deal at any cost; but that’s not the issue here. The reason I believe the offer should not be accepted is that the PSGE (in the 1st year the Trust Board members) will be able to raise loans against our lands; since the Crown plans on returning our lands as “Fee Simple”. Also, if you read the Deed of Settlement it doesn’t actually say that the Maori Land Court will determine ownership; it states that the PSGE will need to resolve ownership within a certain timeframe. I haven’t got the latest version of the Deed of Settlement, as the Trust Board won’t give me a copy, so I’m not sure what the exact timeframe is. If you want the Maori Land Courts to decide ownership then the lands need to be returned as Maori Land by the Crown.
As “Fee Simple” land the PSGE (in the 1st year the Trust Board members) will be able to use this as collateral for loans. Richard Hawkins the Trust Board’s lawyer has aleady documented this as an opinion; as the Deed of Settlement restricts selling our lands without 75% of our Iwi agreeing. To obtain loans against our lands will only require 75% of the attendees of a hui to agree, so if 4 out of 5 agree then that’s ok. Non-payment of a loan by the PSGE (in the 1st year the Trust Board members) will allow the Bank (or law firm) to foreclose and take our lands.
Please read the Deed of Settlement if you don’t believe what I’m saying.
Regards, Graham Williams