11th Annual Māori Legal Forum

About

Supporting kōrero on law and governance for over a decade, this forum brings Māori Trusts, iwi, local and central government, and industry professionals together to discuss the latest topics.

Chaired by Morrie Love from Raukura Consultants, engage with speakers such as Sir Mason Durie, Chris Karamea Insley and Keir Volkerling on topics including:

  • Settlement progress towards 2014 and beyond 
  • Māori representation in disaster management
  • WAI262 & the International Convention on Biological Diversity
  • Co-governance and co-management
  • Aquaculture legislation, freshwater and resource management
  • The inclusion of Māori Wards & constituencies

Also, develop your ability to organise and manage PSGEs in our optional workshop on day one.

New for 2012: Māori Economic and Co-Investment Forum, 19 April 2012

Register for our all new Māori Economic and Co-Investment Forum. As a result of persistent demand for more discussion around the Māori economy and partnering opportunities, we have added a separately bookable 3rd day to the Māori Legal Forum. Focusing on co-investment, Māori business models and emerging opportunities, engage in discussions supporting the development of the Māori economy.

Take advantage of our specials

Register for one or both of the Forums before 6 March 2012 to take advantage of our early bird special. Plus, make the most of the discounts available to registered Māori Trusts (see registration page for details).

Agenda

Agenda: Day 1

8:30am

Registration and coffee

8:45am

Mihimihi

9:00am

Opening remarks from the Chair

Morrie Love, Managing Director, Raukura Consultants

9:10am

Settlement progress towards 2014 and beyond

Aspiring to settle the majority of Treaty claims by 2014, receive an update from the Office of Treaty Settlements on current negotiations and expected progress. Explore the challenges and accomplishments so far including:
• First collective steps towards enactment for Maniapoto, Ngāti Porou, and Ngāti Pahauwera
• The impact of the Haronga ruling and the Waitangi report
• The Crown’s role in assisting Treaty claimants

Hon Christopher Finlayson, Minister for Treaty of Waitangi Negotiations

9:40am

Potential impact of Constitutional reform on Māori

Government’s review of NZ’s constitution is expected to be finalised in a report to Cabinet by the end of 2013. Examine the expected changes, the engagement process and how Māori may be impacted by the review.
• Māori representation in Parliament and local government
• The role of the Treaty of Waitangi in the constitutional arrangement
• The size of Parliament and length of Government terms

Tom Bennion, Barrister and Solicitor, Bennion Law

10:20am

Wā kai (Morning tea)

10:40am

Applying the UNDRIP in a New Zealand context

NZ’s support for the UNDRIP, announced in 2010, demonstrated international support for the Crown-Māori relationship. Explore how NZ has applied the Declaration, limitations applied, and challenges it has faced.
• Government’s “appropriate measures” to achieve the ends of the Declaration
• The Court’s interpretation and application of the Declaration
• The reality of NZ’s limitations including caveats and restrictive interpretation and its impact on Māori

Carwyn Jones, Lecturer Faculty of Law, Victoria University of Wellington

11:30am

Customary Law and New Zealand Common Law

Examine the legal relationship between Māori customary law as a body of legal rules, and NZ common law. Review this in the context of the broader relationship between the common law and customary rules. Explore recent developments in NZ and the particular approach and practise of the Māori Land Court.

Laura Carter, Solicitor, Kensington Swan
Richard Boast, Senior Lecturer Faculty of Law, Victoria University of Wellington

12:20pm

Kai o te poutūtanga (Lunch break)

1.10pm

Select your choice

Choose between a 2 hour PSGE workshop OR two 1 hour discussion groups. Then share in a summary and gathering of thoughts after Wā kai.

Option A

Workshop: Management & organisation of PSGEs

The structure and management of PSGEs can be as important as a claim settlement itself. Without appropriate governance and representation, large and small assets face undue risk. Use this hands-on workshop to gain an understanding of how to structure and manage effective PSGEs which benefit iwi purpose and future-growth.
• Common and recommended governance structures
• Selecting and developing relevant PSGEs for iwi needs
• Crown obligations and assessment before transfer
• Common PSGE clauses
• Leadership accountability and fiduciary obligations
• Managing and promoting positive change
• Negotiation timeframes
• Role separation and conflicts of interest in representation
• Representation, transparency and due diligence processes

Baden Vertongen, Senior Associate Māori Legal Services Team, Kensington Swan

Option B1

The inclusion of Māori Wards & constituencies

Examine Whānau Ora and its focus on inter-generational transfers, integrated development, self-management and strengthening links between whānau, communities, and Iwi.
• Impact on the state sector
• Supporting government framework and policy
• Role of providers and whānau innovation
• Relevance of Whānau Ora principles to all sectors and Iwi

Councillor Tipene Marr, Kohi Māori Seat, Bay of Plenty Regional Council

Option B2

Supporting Whānau Ora

Examine Whānau Ora and its focus on inter-generational transfers, integrated development, self-management and strengthening links between whānau, communities, and Iwi.
• Impact on the state sector
• Supporting government framework and policy
• Role of providers and whānau innovation
• Relevance of Whānau Ora principles to all sectors and Iwi

Sir Mason Durie, Deputy Vice-Chancellor, Massey University

3:10pm

Wā kai (Afternoon tea)

3.30pm

Share learnings from the workshop and discussion groups (Panel)

Receive a summary of lessons, key points and discussions from the PSGE and public sector sessions. Take the time to share your thoughts.

Sir Mason Durie, Deputy Vice-Chancellor, Massey University
Councillor Tipene Marr, Kohi Māori Seat, Bay of Plenty Regional Council
Baden Vertongen, Senior Associate; Māori Legal Services Team, Kensington Swan

4:10pm

Impact of the Māori Land Court Rules 2011

The Māori Land Court Rules 2011 have resulted from significant changes including amendments to Te Ture Whenua Māori Act 1993, new jurisdictions for the Māori Land Court, and increased use of technology. Examine the reasons for change, and the impact of the new Rules on proceedings, applications and appeals.

Julie Tangaere, Director and Chief Registrar, Māori Land Court

4:50pm

Summary remarks from the Chair

5:00pm

Social gathering & drinks

Agenda: Day 2

9:00am

Welcome back from the Chair

Morrie Love, Managing Director, Raukura Consultants

9:05am

Co-governance & Co-management: Examining recent settlement arrangements and future opportunities

The Waikato River negotiations were said to usher in 'a new era of co-management'. However, other iwi around the country have been told these arrangements were a 'once-off' and will not be repeated elsewhere. At the same time, we have seen the development of new co-management and co-governance models in various other Treaty settlements throughout the country. In this session, the speakers will compare and contrast some recent examples and explore the future opportunities for iwi wishing to negotiate co-management and co-governance of their lands and other taonga.

Deborah Edmunds, Partner, Kensington Swan
Frances Wedde, Associate, Kensington Swan

9:55am

Case study: Progressing co-governance of the Waipa River (Case Study)

Ngāti Maniapoto and the Crown demonstrated their continued support in co-managing the Waipā River catchment by signing an Environment Accord at Parliament in 2011. Entering a new era of co-management, learn how the iwi, the Crown, local authorities and people in the catchment are planning to work together to manage the health, use and protection of the river.
• Recognising kaitiakitanga in the co-management of the river
• Lessons of Integrated river management from the mountain to the sea
• Values, wider iwi support, and strategies for the river cleanup

Keith Ikin, Deputy Chairman, Maniapoto Māori Trust Board

10:40am

Wā Kai (Morning tea)

11:00am

Panel discussion: Māori representation in disaster management (Panel)

Explore iwi leadership in managing NZ disasters. With reference to the Christchurch earthquakes and Rena Disaster, discuss the limits of current legislation, the interests of Māori and the Crown and the opportunities for collaborative resource management.
• The role of tangata whenua in the Resource Management, Local Government, and Maritime Transport Acts
• Limitations in applying the Civil Defense and Emergency Management Act
• The nature of iwi liaison with local and central government
• Opportunities for iwi to lead communities

Sacha McMeeking, Principal, Catalytic Consulting
Charlie Tawhiao, Chairman, Ngāi Te Rangi
Donna Poka, Legal Assistant, Ngāi Te Rangi

11:50am

WAI262 Claims Report & the International Convention on Biological Diversity

The Waitangi Tribunal released its report into the WAI262 claim in July 2011. Discuss the implications of the report on the governance of Māori culture, identity and traditional knowledge. Plus, review the subsequent impact the Waitangi report may have on the access and benefit-sharing negotiations of the Convention on Biological Diversity, adopted in 1992.

Dayle Takitimu, Principal, October Law

12:40pm

Kai o te poutūtanga (Lunch break)

1:30pm

RMA Phase II: Impact on Māori interests and need for Māori engagement

Phase II of the RMA is set to impact wider management of resources than Phase I. With 10 key work programmes, including policy reform for Māori engagement and consultation, Phase II has potential to have significant affect on Māori iwi and hapū. Explore the proposed changes, how the RMA interrelates with other legislation relevant to Māori, and the need for more Māori engagement.

Prue Kapua, Principal, Tamatekapua Law

2:10pm

Aquaculture legislation: New mechanisms for delivering Treaty obligations

Amendments to the Māori Commercial Aquaculture Claims Settlement Act 2004 were enacted on 1 September 2011. Learn how the latest legislative changes will facilitate delivery of settlement obligations and enable Māori more flexibility in negotiating aquaculture agreements. Discover the opportunities and challenges that aquaculture presents to iwi, and how aquaculture development can complement existing iwi fisheries engagement.

Keir Volkerling, Iwi Development Consultant

2:50pm

Wā Kai (Afternoon tea)

3:10pm

NPS for Freshwater Management 2011: The law reform

Countering concerns about the quality of NZ’s freshwater and competition for water rights, the Government has recently initiated a major policy and law reform. Learn how new policy may impact the NPS and the recognition of Māori rights in freshwater.
• The relationship between the RMA and the NPS
• Recognising the Treaty, Māori culture and UNDRIP in future water limit plans
• The impact on regional council planning and Māori rights
• Developing allocation mechanisms to encourage economic development and promote cultural and environmental interests

Morrie Love, Managing Director, Raukura Consultants

3:50pm

The impact of ETS on Māori assets

The Māori asset base, with an estimated worth of $36.9 billion, is mainly focused in primary production and processing. Such primary assets are susceptible to negative effects of climate change. Soon to be applied to agriculture, fishing and households, discuss the impact of the ETS scheme and how it has affected Māori forestry assets.

Chris Karamea Insley, Managing Director, 37 Degrees South

4:30pm

Closing remarks from the Chair

4:40pm

End of hui

Sponsors/Partners

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