Ngati Tama Deed of Settlement
|Date: ||20 December 2001|
|Sub Category:||Deed of Settlement (New Zealand)|
|State/Country:||Aotearoa - New Zealand|
|Subject Matter:||Compensation | Consultation | Cultural Heritage | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Ngati Tama Deed of Settlement details the formal Crown offer to settle Ngati Tama’s historical claims against the Crown. These relate generally to the breaches by the Crown of its obligations under the Treaty of Waitangi and in particular the wars in Taranaki which resulted in loss of life, the confiscation of land and other land dealings. Negotiations on a settlement began in April 1998, and were made complete on 20 December 2001. The settlement includes a formal acknowledgement by the Crown of breaches of the Treaty of Waitangi and its principles, and a Crown apology. Cultural, financial and commercial redress are also included in the settlement which will benefit all members of Ngati Tama, wherever they live.|
|Detailed Information: |
The Crown’s apology to Ngati Tama covers the wars in Taranaki, land confiscation, reserved lands and perpetual leases, Parihaka and the cumulative impact of these events on Ngati Tama that left the iwi virtually landless.
In recognising the traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within the rohe of Ngati Tama the Crown will protect and enhance the conservation values of certain areas and sites.
Statutory Acknowledgements will register the special association Ngati Tama has with an area, and Deeds of Recognition will require the Crown to consult Ngati Tama and have regard for their views regarding the special association.
The Deed also provides for the establishment of protocols to promote good working relationships between Ngati Tama and the Ministry of Fisheries, the Ministry of Economic Development, the Department of Conservation and the Ministry of Culture and Heritage on matters of cultural importance to Ngati Tama. It was also agreed that in future, the New Zealand Geographic Board will notify Ngati Tama of any naming proposals in their area of interest.
Five areas of Crown-owned land of special significance will be returned, with a variety of arrangements being entered into to ensure the ongoing protection of values associated with these areas. The total area covered by these transfers is more than 1870 hectares.
Ngati Tama will also have three of six members on a Joint Advisory Committee that will provide advice to the Minister of Conservation about the preservation of conservation values and the annual work programme for that part of the Whitecliffs Conservation Area remaining in Crown ownership. It will also provide approve conservation management plans for any marine reserve in the waters adjoining Ngati Tama’s area of interest. The Crown has also offered Ngati Tama the opportunity to administer the Umukaha Point Recreation Reserve.
In recognition of Ngati Tama’s customary and other interests in relation to fisheries and their management, Ngati Tama will be appointed as Advisory Committees to the Minister of Fisheries and the Minister of Conservation. These Committees will provide advice on the management of fisheries in the Ngati Tama area of interest, including the customary interest of Ngati Tama in those fisheries and taonga species in those fisheries.
Other provisions include:
- The Ministry of fisheries will consult with Ngati Tama and safeguard Ngati Tama’s existing customary fishing rights if the numbers of specified customary or taonga species rise to levels that make a commercial catch possible;
- A Right of First Refusal to buy a proportion of surplus Crown quota for surf clams and kina;
- De-commercialisation of fishing for Waikoura;
- Should tendering for coastal space for marine farming occur, Ngati Tama will have the preferential right to buy, at the tender price, authorisations to apply for up to 10% of the allocated space;
- A commitment from the Crown to consider a proposal from Ngati Tama to extend the prohibition on commercial fishermen using trawl nets and set nets to certain parts of Ngati Tama’s area of interest;
- Provision for the taking of undersized tuna (eel) as part of stocking or re-stocking waterways and aquaculture projects; and
- Protection of Ngati Tama’s customary non-commercial interest in paua should this species become commercially viable in Ngati Tama area of interest.
Financial and Commercial Redress
This redress recognises the economic loss suffered by Ngati Awa arising from breaches by the Crown of its Treaty of Waitangi obligations. It aims to provide Ngati Awa with resources to assist it to develop its economic and social well being. It includes a total of $14.5 million in cash; the Right of First Refusal, for a period of 50 years, to buy, at market value, certain surplus Crown-owned properties in their area of interest; and the Crown has offered Ngati Tama the Right of First Refusal to purchase the land within the Tongaporutu Recreation Reserve should the reserve status of the land be lifted.