Ngaa Rauru Kiitahi Deed of Settlement
|Date: ||27 November 2003|
|Sub Category:||Deed of Settlement (New Zealand)|
|Place:||North Island, South West Coast|
|State/Country:||Aotearoa - New Zealand|
|Payments:||Financial and Commercial Redress (New Zealand) - New Zealand Government ($31, 000, 000)|
|Subject Matter:||Aquaculture | Collaboration / Partnership | Compensation | Consultation | Cultural Heritage | Customary Law | Economic Development | Education | Environmental Heritage | Fishing | Health and Community Services | Land Management | Land Settlement | Land Use | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests | Reconciliation|
|Summary Information: |
|The Ngaa Rauru Kiitahi Deed of Settlement ('the Deed') relates to Crown breaches of the Treaty of Waitangi ('the Treaty') through the initiation of conflict with the Ngaa Rauru Kiitahi people, confiscation of their land, and failure to remedy these wrongs and respect the rangatiranga of the iwi in accordance with the Treaty. The settlement includes an apology, the establishment of protocols for building better relationships between the Crown and Ngaa Rauru Kiitahi, cultural redress and financial and commercial redress. The redress is to be provided to a Governance Entity created by Ngaa Rauru Kiitahi in accordance with the Deed. |
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. In most circumstances, it must also be accompanied by a statute implementing the Settlement. For more detailed information, see ‘Deed of Settlement’ below.
|Detailed Information: |
In 1839 the Crown commenced purchasing Ngaa Rauru Kiitahi land despite some protests from its native inhabitants. In 1860 the Crown attempted to survey the Pekapeka Block at Waitara but was stopped by unarmed Maori women. In response to this ‘rebellion’, the Crown proclaimed martial law, occupied the Pekapeka Block, and attacked Maori who sought to defend it. Ngaa Rauru Kiitahi lost many people in the subsequent war.
As soon as peace was declared, the Crown purchased another block in unfair circumstances. This contributed to the outbreak of a second war in 1863. Ngaa Rauru Kiitahi were driven off their land and into the interior. In 1865 the Crown initiated the confiscation of land. This was later found to be unfair and unjust by the Sim Commission. Any land which was not confiscated was susceptible to fragmentation due to heredity, alienation, and compulsory acquisition for public works. Ngaa Rauru Kiitahi were homeless and landless until a small reserve was created in 1881.
Ngaa Rauru Kiitahi brought claims to the Waitangi Tribunal which related not only to the loss of land, but to the detrimental effects of Crown policy on all aspects of their cultural and spiritual life, the decline of the Maori language and the discriminatory provision of health and education services.
Ngaa Rauru Kiitahi are one of several iwi with an interest in Mount Taranaki. These claims were investigated by the Waitangi Tribunal between 1990 and 1995. The Tribunal issued an interim report in 1996 at the request of the Crown (The Taranaki Report: Kaupapa Tuatahi). In 1999 the Ngaa Rauru Iwi Authority received a mandate to negotiate a settlement with the Crown. The Crown recognized the mandate in 2000. Terms of negotiation were established in October 2000 and an agreement in principle reached in May 2002.
The settlement under the Deed is intended to improve the relationship between Ngaa Rauru Kiitahi and the Crown. Ngaa Rauru Kiitahi acknowledges the Crown’s apology for not acting honourably or reasonably in the past. The three aims of the settlement are to restore the honour of the Crown, tell the Ngaa Rauru Kiitahi story and to revitalize Ngaa Raurutanga (the customary rights, values and responsibilities held by Ngaa Rauru Kiitahi). Ngaa Rauru Kiitahi acknowledge that the Crown has created a platform for achieving these goals by acting honourably in the negotiations of the settlement.
Ngaa Rauru Kiitahi and the Crown agree that the settlement negotiations were conducted in good faith and ‘in a spirit of co-operation and compromise’ and although it requires Ngaa Rauru Kiitahi to forego full redress for their loss it is fair in all the circumstances. The settlement finally settles the claims of Ngaa Rauru Kiitahi and the Crown is released from liability in respect of them. The settlement is for the benefit of the claimants, as a whole and individually, as determined by the Governance Entity.
The Crown acknowledges that its conduct in the nineteenth and twentieth centuries breached the Treaty of Waitangi and caused Ngaa Rauru Kiitahi to lose their land, language and social structures which has affected their welfare and development. The Crown apologises for this to Ngaa Rauru Kiitahi and their ancestors and descendents and seeks to atone for its wrongs and build a better relationship based on the Treaty of Waitangi principles.
This creates an arrangement for the Ministers of Social Development, Economic Development and Maori Affairs to meet with the Governance Entity to canvass issues which concern Ngaa Rauru Kiitahi. It also includes the creation of protocols between the Governance Entity and the Ministers of Conservation, Fisheries, Energy, Arts, Culture and Heritage. The Governance Entity is also to be appointed as an Advisory Committee to the Ministers of Conservation and Fisheries, particularly in relation to the conservation and management of plant and fish life. The Governance Entity will also be able to forward the views of Ngaa Rauru Kiitahi to the Ministry for the Environment in relation to the implementation of the Treaty of Waitangi in their area of interest. In turn, the Ministry for the Environment is to monitor the performance of local government in this respect. It is envisaged that various regional councils will enter into memoranda of understanding with the Governance Entity.
The reservation at Nukumaru is to be revoked and title to the land in fee simple granted to the Governance Entity, subject to existing encumbrances.
The Puau and Waiinu Beach sites will cease being conservation areas and the estate in fee simple is to vest in the Governance Entity.
The bed of Lake Moumahaki is to be vested in the Governance Entity in fee simple, subject to any lawful rights of access or use of the Lake, including public use for recreation. This does not give the Governance Entity any rights or obligations in relation to the waters of the Lake.
The Rehu Village will cease to be a conservation site and will be vested in fee simple but subject to an easement in favour of Trustpower Limited, a body corporate agreed upon by the Governance Entity and the Te Runanga o Ngati Ruanui Trust.
Sites at Tapuarau (approximately one hectare) and Mangawhio Lake (approximately one half hectare) are identified in the deed as suitable for `Ukaipo’ entitlements because they are land which is suitable for temporary occupation, without disruption to public use, and which has close access to a waterway. The Ukaipo entitlement is to be granted to the Governance Entity (for renewable periods of ten years) to allow Ngaa Uki o Ngaa Rauru Kiitahi to occupy the place temporarily, exclusively and non-commercially so as to fish and gather natural resources in the area. The period of occupation cannot exceed 210 days per calendar year and cannot be between 1 May and 15 August. Camping shelters may be erected but must be removed when Ngaa Uki o Ngaa Rauru Kiitahi leave and the site must be in substantially the same condition as when they arrived.
Statutory Acknowledgements are to be made in recognition of the cultural, traditional and spiritual association of Ngaa Rauru Kiitahi with the Nukumaru Recreation Reserve, the coast which adjoins the area of interest, and the Ototoka Scenic Reserve. This requires that the Governance Entity be provided with copies of applications for resource permits and the relevant authority is to be bound by the statement of association as a matter of fact. In addition, Deeds of Recognition are to be granted to the Governance Entity for the Hawkens Lagoon Conservation Area (which will also be renamed Tapuarau Conservation Area), the Lake Beds Conservation Area and the Patea, Whenuakura and Waitotara Rivers. The Deeds require that the Governance Entity be consulted in relation to the undertaking of certain activities in those places.
Taking certain species of fish (including cat’s eye, mussels, sea anemones and crayfish) for commercial purposes from within a specified area is to be prohibited and any exceptions made by the Minister of Fisheries must be made in consultation with the Governance Entity. The Minister of Fisheries is to consult with the Governance Entity in relation the taking of tuna (eel). The Governance Entity is to be granted a right of first refusal for 50 years over shellfish quotas. The Governance Entity is also to be granted a preferential right to purchase authorisations over the local coast.
The Deed notes the customary significance of Mount Taranaki for Ngaa Rauru Kiitahi. This Deed does not resolve the issues related to the mountain. The Crown and Ngaa Rauru Kiitahi commit to working with other interested parties to develop an apology and cultural redress for Mount Taranaki.
Financial and Commercial Redress
The Financial Redress comprises an amount of $31 million to be paid to the Governance Entity and the Commercial Redress is a deed containing a right of first refusal to purchase certain properties for 50 years.
Mike Neho, Carolyn Young, Martin Davis and Bill Hamilton signed the Deed as mandated representatives of Ngaa Rauru Kiitahi.
|The Governance Entity was established in accordance with the Deed of Settlement (Te Kaahui o Rauru). The settlement became complete with the passage of the Ngaa Rauru Kiitahi Claims Settlement Act 2005 (NZ). |