Landbanking and protection of Crown assets for Whakatohea Treaty Settlement

Tim Selwyn made this Official Information request to Minister for Treaty of Waitangi Negotiations

The request was partially successful.

From: Tim Selwyn

Dear Minister of Treaty Negotiations,

Nga mihi,

I have some information requests regarding the Whakatohea claims settlement situation:

1. What mechanisms are in place and what undertakings have been made by the Crown to Whakatohea claimants regarding the protection of Crown (incl. all state agencies and local government) land and infrastructure in the Whakatohea Rohe from disposal before a Treaty Settlement is done?

2. What Crown land has been "landbanked" in trust (or other form of holding) for the purposes of a Whakatohea Treaty settlement?

3. What calculations, estimates and reports exist regarding the value/liability to the Crown of Treaty claims from Whakatohea?

4. What communications have been recieved from Whakatohea Treaty claimants since October 2008 and what were the responses.

Yours faithfully,

Tim Selwyn

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From: C Finlayson (MIN)

On behalf of Hon Christopher Finlayson, thank you for your email. Please
be assured that all correspondence is read and noted by this office. Where
the Minister has portfolio responsibilities for the issues raised, a
response will be sent to you in due course. 

 

While the Minister considers all correspondence to be important, if your
email falls outside of his portfolio responsibilities, or expresses a
personal view, then your opinion will be noted and your correspondence may
be transferred to another office or there may be no further response to
you.

 

 

Kind Regards

 

Office of Hon Christopher Finlayson

--------------------------------------------------------------------------

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From: David Terris

 

Dear Mr Selwyn

 

Thank you for your email of 31 January 2013 sent to Minister Finlayson.

 

Your request will be treated as a request for information under the
Official Information Act 1982 – and you will receive a response within 20
working days.

 

Regards,

 

David Terris

David Terris I Settlement Advisor I Office of Treaty Settlements I
Ph +64 04 913 2376 I Ext 52376 I [1]www.ots.govt.nz 
Te Tari Whakatau Take e pa ana ki te Tiriti o Waitangi
========================================================

Confidentiality notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

================================================

References

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1. http://www.ots.govt.nz/

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From: David Terris

 
Dear Mr Selwyn
 
I am writing to inform you, that one of the four questions included in
your request for information has been transferred to Te Puni Kōkiri under
section 14 of the Official Information Act.
 
The question transferred was; "What communications have been received from
Whakatohea Treaty claimants since October 2008 and what were the
responses". Te Puni Kōkiri have 20 working days from the date of this
e-mail to respond to your request regrading the above question.
 
Our office will answer the remaining three questions. Under section 15A of
the act our office has extended the response date by 10 days to ensure
that all consultations necessary for a full and proper response to your
request can be made.
 
If you have any question please do not hesitate to contact me personally.
 
Regards
 
David
 
 
 
David Terris I Settlement Advisor I Office of Treaty Settlements I
Ph +64 04 913 2376 I Ext 52376 I [1]www.ots.govt.nz 
Te Tari Whakatau Take e pa ana ki te Tiriti o Waitangi
========================================================

Confidentiality notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

================================================

References

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1. http://www.ots.govt.nz/

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From: David Terris


Attachment Response to Mr Selwyn Regarding the Whakatohea Claims Settlement Situation.pdf
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Attachment attachment.bmp
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Dear Mr Selwyn
 
Please find attached an official response to your request for
information under the Official Information Act 1982.
 
Please click on the below link to access the applicant's booklet
'Protection of Māori Interests in Surplus Crown-Owned Land' mentioned in
the response.
 
[1]http://www.nz01.2day.terabyte.co.nz/ots/...
 
So I may forward you a hard copy of the booklet and the response please
forward me a mailing address.
 
Kind Regards
 
David
 
 
 
 
 
 
 
 
David Terris I Settlement Advisor I Office of Treaty Settlements I
Ph +64 04 913 2376 I Ext 52376 I [2]www.ots.govt.nz 
Te Tari Whakatau Take e pa ana ki te Tiriti o Waitangi
========================================================

Confidentiality notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

================================================

References

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1. http://www.nz01.2day.terabyte.co.nz/ots/...
2. http://www.ots.govt.nz/

Link to this

From: Sophie Carroll


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Attachment Tim Selwyn OIA.pdf
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Tēnā koe

 

Please find attached a response to your request for information under the
Official Information Act 1982.

 

Ngā mihi

Sophie

 

Sophie Carroll  Ministerials Advisor, te puni kōkiri

027 499 2103  |  [email address]
[1]cid:image002.jpg@01CD2C68.E55FBC90[2]cid:image003.png@01CD0CCD.8A315410 143
Lambton
Quay

Te
Whanganui
ā Tara
6011

New
Zealand

Whakaaronui ki te taiao, i mua i te tānga / Before printing, think about
the environment

 

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The views expressed in this email and any accompanying attachments do not
necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri does not
accept any responsibility whatsoever for any loss or damage that may
result from reliance on or the use of the information contained in this
email or any accompanying attachments.

This email together with any accompanying attachments may be confidential
and subject to legal privilege. It may be read, copied and used only by
the intended recipient(s). If you have received this message in error,
please notify the sender immediately by return email, telephone or
facsimile and delete this message. You may not copy, disclose or use the
contents in any way. Thank you.

References

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From: Tim Selwyn

Dear David Terris,

Nga mihi,

Thank you for your communication so far (there is no need to send out the booklet, the link was sufficient), but I have some issues for clarification.

Is your response the full answer to my questions 1 - 3? (Question 4 being handled by TPK as per their response).

If it is I am left with the impression (through your ommission on these points) that:
a) the ONLY mechanism or undertaking that exists for the protection and return of Whakatohea land is the Crown's Landbanking policy (as referred to in the booklet), and:
b) NO land has been landbanked for Whakatohea, and:
c) NO calculations, estimates or reports exist regarding the value/liability to the Crown of a Whakatohea Treaty settlement.
Are these impressions correct?

Na,

Tim Selwyn

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From: David Terris

 

Dear Mr Selwyn

 

Thank you for your e-mail. I have answered your queries below.

 

a)     the ONLY mechanism or undertaking that exists for the protection
and return of Whakatohea land is the Crown's Landbanking policy (as
referred to in the booklet)?

 

There are other mechanisms for the protection of Crown land for Māori and
these are referred to in the link provided earlier. The Office of Treaty
Settlements (OTS) only administers the Protection Mechanism which is the
process via which surplus Crown land maybe landbanked. It is possible to
landbank properties outside the Protection Mechanism but this usually
occurs during negotiations.

 

b)     NO land has been landbanked for Whakatohea?

 

Landbank properties are not held for any particular claimant group, even
though it may have been protected on the basis of one’s group’s
application. Whether landbanked properties are included in any future
settlement is discussed during negotiations.

 

c)     NO calculations, estimates or reports exist regarding the
value/liability to the Crown of a Whakatohea Treaty settlement?

 

I assume you are querying if these calculations exist or do not exist?
This information is regarded as negotiations sensitive and was withheld
under section 9(2)(j) of the Official information Act as this information
would prejudice the Crown’s ability to negotiate future settlements.

 

Regards

 

David

 

 
 
David Terris I Settlement Advisor I Office of Treaty Settlements I
Ph +64 04 913 2376 I Ext 52376 I [1]www.ots.govt.nz 
Te Tari Whakatau Take e pa ana ki te Tiriti o Waitangi

>>> Tim Selwyn <[OIA #745 email]> 19/03/2013
12:37 p.m. >>>
     Dear David Terris,
    
     Nga mihi,
    
     Thank you for your communication so far (there is no need to send
     out the booklet, the link was sufficient), but I have some issues
     for clarification.
    
     Is your response the full answer to my questions 1 - 3? (Question 4
     being handled by TPK as per their response).
    
     If it is I am left with the impression (through your ommission on
     these points) that:
     a) the ONLY mechanism or undertaking that exists for the protection
     and return of Whakatohea land is the Crown's Landbanking policy (as
     referred to in the booklet), and:
     b) NO land has been landbanked for Whakatohea, and:
     c) NO calculations, estimates or reports exist regarding the
     value/liability to the Crown of a Whakatohea Treaty settlement.
     Are these impressions correct?
    
     Na,
    
     Tim Selwyn
    
     -----Original Message-----
    
     Dear Mr Selwyn
    
     Please find attached an official response to your request for
     information under the Official Information Act 1982.
    
     Please click on the below link to access the applicant's booklet
     'Protection of Māori Interests in Surplus Crown-Owned Land'
     mentioned in the response.
    
    
[2]http://www.nz01.2day.terabyte.co.nz/ots/...
    
     So I may forward you a hard copy of the booklet and the response
     please forward me a mailing address.
    
     Kind Regards
    
     David
    
    
    
    
    
    
    
    
     David Terris I Settlement Advisor I Office of Treaty Settlements I
     Ph +64 04 913 2376 I Ext 52376 I www.ots.govt.nz
     Te Tari Whakatau Take e pa ana ki te Tiriti o Waitangi
     ========================================================
    
     Confidentiality notice: This email may contain information that is
     confidential or legally privileged. If you have received it by
     mistake, please:
     (1) reply promptly to that effect, and remove this email and the
     reply from your system;
     (2) do not act on this email in any other way.
     Thank you.
    
     ================================================
    
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [OIA #745 email]
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
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     If you find this service useful as an OIA officer, please ask your
     web manager to link to us from your organisation's FOI page.
    
     -------------------------------------------------------------------

========================================================

Confidentiality notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

================================================

References

Visible links
1. http://www.ots.govt.nz/
2. http://www.nz01.2day.terabyte.co.nz/ots/...
3. http://fyi.org.nz/help/officers

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From: Mel King


Attachment Response to Official Information Act Request.pdf
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Tçnâ koe Mr Selwyn

 

Please find attached the Chief Executive’s response to your Official
Information Act request.

 

Ngâ mihi,

Mel King

 

Mel King | Manager Ministerials

Tel +64 4 819 6039 | Mob +64 27 267 7603 | Email | [1][email address]

Te Puni Kôkiri, Ministry of Mâori Development | PO Box 3943 | Te Whanganui
â Tara 6140 |New Zealand

 

 

 

 

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The views expressed in this email and any accompanying attachments do not
necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri does not
accept any responsibility whatsoever for any loss or damage that may
result from reliance on or the use of the information contained in this
email or any accompanying attachments.

This email together with any accompanying attachments may be confidential
and subject to legal privilege. It may be read, copied and used only by
the intended recipient(s). If you have received this message in error,
please notify the sender immediately by return email, telephone or
facsimile and delete this message. You may not copy, disclose or use the
contents in any way. Thank you.

References

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