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Ngati Turangitukua Deed of Settlement

Category: Agreement
Date: 26 September 1998
Sub Category:Deed of Settlement (New Zealand)
Location:Turangi Township and surrounds, near Lake Taupo, Aotearoa - New Zealand
Payments:
  • Financial and Commercial Redress (New Zealand) - New Zealand Government ($5,000,000)
  • Subject Matter:Compensation | Consultation | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://nz01.terabyte.co.nz/ots/DocumentLibrary/NgatiTurangitukua.pdf;
    Summary Information:
    Ngati Turangitukua claimed that the Crown breached the Treaty of Waitangi by acquiring their land to establish the township of Turangi. This Deed of Settlement is intended to satisfy in full and finally the grievances of Ngati Turangitukua arising from the conduct of the Crown. It includes an apology, cultural redress and compensation.

    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

    The Crown acquired land at Turangi from Ngati Turangitukua following World War Two for the purposes of establishing a township to accommodate workers employed constructing the nearby Tongariro power station. The site was chosen with an appreciation of the potential tourist attraction of Lake Taupo. The land was compulsorily acquired in breach of Waitangi Treaty obligations and without adequate consultation or compensation. This had negative consequences for Ngati Turangitukua, including the destruction of wahi tapu (sacred sites). Subsequently, the Crown sold its assets without offering to return them to Ngati Turangitukua.

    The Waitangi Tribunal found that this conduct breached the Treaty of Waitangi, causing Ngati Turangitukua to lose much of their ancestral land and prejudicing them socially, economically, spiritually and culturally. Ngati Turangitukua agree that this Deed of Settlement and the Settlement Legislation will settle its claims and release the Crown from liability in respect of those claims. It acknowledges that the Settlement is fair and final and the Crown has acted honourably and reasonably.

    Crown Apology

    The Crown acknowledges that its conduct was not consistent with the Treaty of Waitangi, that it failed to act in good faith, adequately consult, compensate or protect the interests of Ngati Turangitukua to their detriment, and apologises for the same.

    Cultural Redress

    The Deed of Settlement establishes protocols to ensure good working relationships between parties and commits to the renaming of some places so that they will have an official Maori name in the future. Parties to the Deed include Ngati Turangitukua, Land Information New Zealand, the Department of Conservation and the local Council. 'Admirals Recreation Reserve' is to be renamed 'Waikari Recreation Reserve'. The Council has also agreed to work with Ngati Turangitukua to identify, preserve and provide access to wahi tapu sites. Certain reserves are revoked and vested in Ngati Turangitukua although they will continue to be managed by the New Zealand Government.

    Commercial Redress

    This redress recognises the economic loss suffered by Ngati Turangitukua arising from breaches by the Crown of its Treaty of Waitangi obligations. It aims to provide Ngati Turangitukua with resources to assist them to develop their economic and social well being. It includes a combination of cash and Crown-owned land, to a value of $5 million, plus the transfer of Turangitukua House to the Ngati Turangitukua Charitable Trust. In addition, the settlement creates a Right of First Refusal to buy, at market value, certain surplus Crown-owned properties in the area.

    Signatories

    Mahlon Kaira Nepia and Arthur Lancaster Te Takinga Grace are mandated representatives of Ngati Turangitukua for the settlement of the historical claim between Ngati Turangitukua and the New Zealand Government.
    Outcomes:
    The Deed of Settlement became unconditional upon the enactment of the Ngati Turangitukua Claims Settlement Act 1999.

    Related Entries

    Agreement
  • Treaty of Waitangi
  • Organisation
  • Land Information (New Zealand)
  • Office of Treaty Settlements
  • New Zealand Government - Signatory
  • Waitangi Tribunal
  • Department of Conservation (NZ) - Signatory
  • People
  • Ngati Turangitukua - Signatory

  • References

    General Reference
    Department of Conservation (New Zealand) Ngati Turangitukua Settlement
    Waitangi Tribunal (1995) The Turangi Township Report 1995: Summary
    Office of Treaty Settlements (1998) Deed of Settlement between the Crown and Ngati Turangitukua
    Ngati Turangitukua Claims Settlement Act 1999 (NZ)

    Glossary

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

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