Update on Wai 85: July 2021

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VOTE NO to New Crown Settlement Offer Tēnā koe Voting starts on 26 July 2021 for the new Deed of Settlement on offer from the Crown. The Committee of Management are asking Shareholders and whànau to VOTE NO for the following reasons: • You are being asked at short notice (2 days ago) and without any consultation or explanation to walk away from a claim of up to $800 million for $27 million plus some acknowledgements on top of the current offer of $93 million. Only $5 million for the clean-up of Wairarapa Moana is completely inadequate. • The current situation with our application to the Court of Appeal is as follows: – The Tribunal said it would order the return of land at Pouàkani valued in excess of $800 million to an entity representative of Ngàti Kahungunu ki Wairarapa Tàmaki Nui-à-Rua, not necessarily the Settlement Trust. – This decision was challenged by the Crown in the High Court. The High Court agreed that the Incorporation’s Wai 85 is the only well-founded claim that relates to the land at Pouàkani. – The High Court did not support the return of the land at Pouàkani to a group that is not mana whenua. – The Incorporation does not claim mana whenua, but our land was taken and should be returned. – The Incorporation has appealed the decision. We are expecting a date this year for hearing of our appeal. • The Settlement Trust after interfering with our application to the Tribunal, and trying to stand in our shoes, has decided to walk away with no consideration for Wairarapa Moana shareholders.

• This Deed of Settlement, if ratified, will be full and final settlement of Wai 85. Wairarapa Moana Incorporation shareholders will receive nothing. • The Crown is now set to remove your rights to be heard by the Court of Appeal. They will legislate away your rights. A Labour Government did exactly the same thing in 2004 with the Foreshore and Seabed Act. • The behaviour of the Crown is not that of an honourable Treaty partner acting in good faith. The Incorporation would be happy for the Settlement Trust to settle all other claims for Ngàti Kahungunu ki Wairarapa Tàmaki Nui-à-rua, but Wai 85 should be left for the Incorporation to resolve with the Crown on your behalf. This is not the option in front of you so therefore you must Vote NO. Voting on the updated Crown Offer starts on 26 July 2021 and closes on 24 August 2021. The Committee of Management ask that you and your whànau who are registered beneficiaries of the Settlement Trust please Vote NO. Please email the Office on info@wairarapamoana.org.nz if you have any queries. It would be great to get confirmation from you of your support, as we continue to fight for our rights.

Nàku noa, nà Kingi Winiata Smiler Chairman


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