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Rangitaiki 60C Deed of Settlement

Category: Agreement
Date: 15 September 2004
Sub Category:Deed of Settlement (New Zealand)
Location:Eastern Bay of Plenty, Aotearoa - New Zealand
Alternative Names:
  • Omataroa 60C
  • Payments:
  • Financial and Commercial Redress (New Zealand) - New Zealand Government ($40,000)
  • Legal Costs - New Zealand Government ($35,000)
  • Subject Matter:Compensation | Land Use | Mining and Minerals | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://nz01.terabyte.co.nz/ots/DocumentLibrary/Wai248DeedFinal.htm#_Toc81295134
    Summary Information:
    This settlement relates to a breach by the Crown of the Treaty of Waitangi caused by the compulsory acquisition of freehold title held by the Maori claimants and their ancestors. It provides for the return of some of that land to the claimants and reimbursement of their legal costs.

    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:
    Background

    In 1895, Title to the Rangitaiki 60C block (also known as Omataroa 60C) was granted to 479 Maori owners by the Native Land Court. Between 1960 and 1968 the Crown acquired approximately 373 acres of the block (which totalled 5,170 acres) for the purpose of constructing the Matahina Dam on the Rangitaiki River. This included the construction of roads, a quarry and a village. Between 1962 and 1977 approximately 224 acres of this land was returned to the original owners, including the site of the quarry. The land on which the village had been situated was not returned. In 1988 the Omatoroa Rangitaiki Trustees, on behalf of the owners, lodged a claim with the Waitangi Tribunal in respect of the metals which were extracted from the quarry. Currently more than 2000 people have an interest in the land (Waitangi Tribunal).

    The Waitangi Tribunal held that it was not necessary for the Crown to obtain the freehold title in order to extract aggregate from the site, nor to build the temporary construction village. Compulsory acquisition of Maori land breaches the Treaty of Waitangi, especially in cases such as this where it was not necessary. The quarried land had been returned, although it was not usable for agriculture. The Crown offered to return the land where the village, which had been removed, had been situated for $40,000. The Waitangi Tribunal commented that payment should not be required for the return of the land since it should never have been taken in the first place. The Tribunal also said that if there were to be a payment for the return of the land the Crown should not benefit from the capital gain (Waitangi Tribunal).

    This is an ancillary claim considered alongside but separately to the Ngati Awa settlement. The Waitangi Tribunal considered that it was not appropriate to deal with this matter as part of the larger tribal settlement. The claimants and the Crown commenced negotiating this settlement in 1997. This Deed of Settlement and the Settlement Legislation is intended to satisfy in full and finally the grievances of the claimants arising from the conduct of the Crown and release the Crown from liability in respect of that conduct. The claimants acknowledge that the Crown has acted honourably and reasonably in negotiating this settlement.

    Redress

    The claimants agree to establish a Governance Entity to receive the redress under the settlement. The redress is valued at $40,000, being the land which was used for the village (see Explanatory Note, Ngati Awa Settlement Bill 2004 (NZ)). The land is to be vested in the Governance Entity, subject to drainage and gas pipeline easements. The claimants have also received $35,000 towards their legal costs. The settlement is for the benefit of the claimants, as a whole and individually, as determined by the Governance Entity.

    Signatories

    Isabella Westbury and Dick Hunia signed the Deed as the mandated representatives of the claimants. The Honourable Margaret Wilson signed on behalf of the Crown.
    Outcomes:
    Assuming the Governance Entity was created in accordance with the Deed, the Deed would have become unconditional with the passage of the Ngati Awa Claims Settlement Act 2005.

    Related Entries

    Agreement
  • Ngati Awa Deed of Settlement
  • Treaty of Waitangi
  • Waiohau Deed of Settlement
  • Organisation
  • Waitangi Tribunal
  • New Zealand Government - Signatory
  • Office of Treaty Settlements
  • Native Land Court
  • Omatoroa Rangitaiki Trustees
  • Legislation
  • Ngati Awa Claims Settlement Act 2005 (NZ)
  • People
  • Ngati Awa

  • References

    General Reference
    Explanatory Note, Ngati Awa Claims Settlement Bill 2004 (NZ)
    Office of Treaty Settlements (2004) Deed of Settlement to Settle Rangitaiki 60C Historical Claims
    Waitangi Tribunal Ngati Awa Raupatu Report
    Ngati Awa Claims Settlement Act 2005 (NZ)

    Glossary

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

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