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Te Arawa (Lakes) Deed of Settlement

Category: Agreement
Date: 18 December 2004
Sub Category:Deed of Settlement (New Zealand)
Location:Aotearoa - New Zealand
Payments:
  • Annuity Redress (New Zealand) - New Zealand Government ($7,300,000)
  • Financial and Commercial Redress (New Zealand) - New Zealand Government ($2,400,000)
  • Financial and Commercial Redress (New Zealand) - New Zealand Government ($400,000)
  • Subject Matter:Cultural Heritage | Environmental Heritage | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests | Reconciliation
    Summary Information:
    The Deed of Settlement between the Crown and Te Arawa was made complete on 18 December 2004. The settlement includes a formal acknowledgement by the Crown of the breaches of the Treaty of Waitangi and its principles, and a Crown apology to Te Arawa. Cultural redress, including the transfer of lakebeds and restoring access to traditional food sources and materials as well as recognition of traditional, historical, cultural and spiritual associations with places is also included. Economic loss suffered by Te Arawa arising from breaches of the Crown is also recognised with the aim of providing Te Arawa with resources to assist it to develop its economic and social well being. Annuity redress is also provided for in order to address any remaining annuity issues.

    The benefits of the Deed of Settlement will be available to all members of Te Arawa wherever they may live, and once passed into law will be a fair and final settlement for all Te Arawa's historical or claims prior to the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.

    A Deed of Settlement is reached once a claim has been registered with the Waitangi Tribunal and has completed the settlement process of negotiation, ratification and execution, and in most circumstances, accompanied by a statute implementing the settlement. For more detailed information, see 'Deed of Settlement' below.
    Detailed Information:
    Cultural Redress

    The Te Arawa settlement package comprises several aspects in its recognition of Te Arawa's traditional, historical, cultural and spiritual association with the lakes covered by the settlement.

    Title to 13 lakebeds, including the plants and subsoil of the lakebeds, will be returned to Te Arawa. However, the title excludes the water column and airspace which remains in Crown ownership. In addition, the Crown has provided written encouragement to the Rotorua District Council about a future agreement with Te Arawa with respect to the 14th lake (which is currently vested in the Council) with which Te Arawa have a special association.

    The title is accompanied by a statutory acknowledgement covering the parts of the 13 lakes owned by the Crown is provided for by the Te Arawa Settlement. This registers the special association Te Arawa have with certain areas.

    The Deed additionally provides for Te Arawa and the Crown to enter into a relationship agreement outlining their respective rights and the process of consideration of applications for construction or activities which affect their areas of ownership. Strategic management of the lakes will be through the Rotorua Lakes Strategy Group, membership of which Te Arawa will have as of right.

    In order to restore Te Arawa with access to traditional foods and gathering areas, the Crown has written to both Environment Bay of Plenty and Environment Waikato encouraging them to allow harvesting of indigenous plants and pigmented mud in their regional plans.

    The Deed of Settlement also provides for both a capitalised sum of $400,000 to provide for the purchase of 200 fishing licences, and the making of regulations to allow Te Arawa to manage the non-commercial fishing of indigenous species in 14 specific lakes.

    The Deed of Settlement establishes protocols to ensure good working relationships between parties including the Department of Conservation, the Ministry of Fisheries, the Ministry for Culture and Heritage and the Ministry for the Environment, and commits to the official amendment of specific place names so that they will have an official Maori name in the future.

    Commercial Redress

    This element of the Deed of Settlement is aimed at recognising the economic loss suffered from breaches by the Crown of its Treaty obligations and provides Te Arawa with resources to assist it to develop its economic and social well being.

    Te Arawa will receive $2.7 million in financial redress, in addition to $7.3 million which will capitalise the annuity Te Arawa currently receives from the Crown, and will address any remaining annuity issues.
    Outcomes:
    The Te Arawa (Lakes) Deed of Settlement was updated by the 'Deed to Amend Deed of Settlement of the Te Arawa Historical Claims and Annuity Issues' executed on 15 February 2006.

    Related Entries

    Agreement
  • Treaty of Waitangi
  • Treaty of Waitangi Fisheries Settlement
  • Organisation
  • New Zealand Government - Signatory
  • Waitangi Tribunal
  • Office of Treaty Settlements
  • Rotorua Lakes Strategy Group
  • Ministry for the Environment (New Zealand)
  • Ministry of Fisheries (New Zealand) - Signatory
  • Department of Conservation (NZ) - Signatory
  • Ministry for Culture and Heritage (New Zealand) - Signatory
  • Te Arawa Maori Trust Board - Signatory
  • Legislation
  • Treaty of Waitangi Act 1975 (NZ)
  • Te Arawa Lakes Settlement Act 2006
  • People
  • Te Arawa - Signatory

  • References

    Resource
    Office of Treaty Settlements (2004) Summary: Deed of Setttlement Between the Crown and Te Arawa for their lakes and annuity claims
    Office of Treaty Settlements (2004) The Deed of Settlement of the Te Arawa Lakes Historical Claims and Remaining Annuity Issues
    Office of Treaty Settlements (2004) Te Arawa Lakes Schedule
    Office of Treaty Settlements (2006) Deed to Amend Deed of Settlement of the Te Arawa Lakes Historical Claims and Annuity Issues

    Glossary

    Agreement in Principle / Heads of Agreement (New Zealand) | Governance Entity (New Zealand) | Deed of Settlement (New Zealand) | Settlement Legislation (New Zealand)

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