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Ngati Tuwharetoa (Bay Of Plenty) Deed of Settlement

Category: Agreement
Date: 6 June 2003
Sub Category:Deed of Settlement (New Zealand)
Location:Kawerau and Matata Areas, Aotearoa - New Zealand
Payments:
  • ($10500000)
  • Subject Matter:Compensation | Cultural Heritage | Environmental Heritage | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    Summary Information:
    The Ngati Tuwharetoa (Bay of Plenty) claims relate to breaches by the Crown of its obligations under the Treaty of Waitangi. In particular, these are the confiscation of most of the land within the tribe's traditional territory, the inadequacies of the Compensation Court process, and the subsequent alienation of the remaining lands that were subject to the native land laws and Crown purchasing.
    Negotiations on a settlement package began in 1988 and were made complete in June 2003. 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 Tuwharetoa (Bay of Plenty), wherever they live.

    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:
    Crown Apology
    The Crown offered a formal apology for past dealings that breached the Crown's obligations under the Treaty of Waitangi, including the confiscation of land, the compensation process, the impact of the native land laws, and the cumulative impact of these events on the Ngati Tuwharetoa (Bay of Plenty), which eroded traditional structures and left Ngati Tuwharetoa (Bay of Plenty) virtually landless.

    Cultural Redress
    In order to restore Ngati Tuwharetoa (Bay of Plenty) access to traditional foods and food gathering areas, an area of up to one hectare will be established in the Matata Wildlife Refuge. Iwi members will have the right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year.

    In recognising the traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within the rohe of Ngati Tuwharetoa (Bay of Plenty) the Crown will protect and enhance the conservation values of certain areas and sites.
    Statutory Acknowledgements will register the special association Ngati Tuwharetoa (Bay of Plenty) has with an area, and Deeds of Recognition will require the Crown to consult Ngati Tuwharetoa (Bay of Plenty) and have regard for their views regarding the special association.

    The Deed of settlement also provides for the establishment of protocols to promote good working relationships on matters of cultural importance to the Ngati Tuwharetoa (Bay of Plenty) with the Ministry of Fisheries, the Department of Conservation and the Ministry of Culture and Heritage.

    Traditional, cultural, spiritual and historic values and associations with the Parimahana Scenic Reserve, not vested in the Ngati Tuwharetoa (Bay of Plenty), will be subject to an Overlay Classification or Owhakatihi. This requires the Minister of Conservation and Ngati Tuwharetoa (Bay of Plenty) to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing Ngati Tuwharetoa (Bay of Plenty) values within the area. In addition five areas of special significance will be returned to Ngati Tuwharetoa (Bay of Plenty) totalling approximately 66 hectares.


    Financial and Commercial Redress
    This redress recognises the economic loss suffered by Ngati Tuwharetoa (Bay of Plenty) and aims at providing resources to assist them to develop their economic and social well being. Ngati Tuwharetoa (Bay of Plenty) will receive a total of $10.5 million in cash or a combination of cash and Crown properties up to that value. The settlement includes the right to purchase approximately 844 hectares of licenced Crown forest land within the Rotoehu West Crown Forestry Licence. Ngati Tuwharetoa (Bay of Plenty) will also have a right of refusal over Crown geothermal assets associated with the supply of steam to the Tasman Pulp and Paper Mill, should they be offered for sale and the owners of the mill do not exercise their pre-emptive rights to the assets. Ngati Tuwharetoa (Bay of Plenty) will also have a Right of First refusal over a Crown-owned geothermal bore and associated land.

    The Deed of Settlement is a full and final settlement for the historical or pre 1992 claims of Ngati Tuwharetoa (Bay of Plenty). The settlement legislation, once passed will prevent Ngati Tuwharetoa (Bay of Plenty) from re-litigating their historical claims before the Waitangi Tribunal or the Courts.

    Related Entries

    Agreement
  • Treaty of Waitangi
  • Organisation
  • New Zealand Government - Signatory
  • Waitangi Tribunal
  • Office of Treaty Settlements
  • Legislation
  • Treaty of Waitangi Act 1975 (NZ)
  • People
  • Ngati Tuwharetoa - Signatory

  • References

    Resource
    Office of Treaty Settlements (2003) Deed of Settlement between the Crown and Ngati Tuwharetoa (Bay of Plenty) Summary
    Office of Treaty Settlements (2003) Deed of Settlement between the Crown and Ngati Tuwharetoa (Bay of Plenty)

    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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