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Te Roroa Deed of Settlement

Category: Agreement
Date: 17 December 2005
Sub Category:Deed of Settlement (New Zealand)
Location:Northland region, Aotearoa - New Zealand
Payments:
  • Financial and Commercial Redress (New Zealand) - New Zealand Government ($9,500,000)
  • Subject Matter:Compensation | Cultural Heritage | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://nz01.terabyte.co.nz/ots/DocumentLibrary/TeRoroaDeedofSettlement.pdf
    Summary Information:
    The Te Roroa claims relate to breaches by the Crown of its obligations under the Treaty of Waitangi, in particular the confiscation and purchase of land which made Te Roroa landless and separated them from their wahi tapu (sacred sites) and taonga (artefacts). This settlement includes a formal acknowledgement by the Crown of breaches of the Treaty of Waitangi and its principles, a Crown apology and cultural and commercial redress.

    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, is accompanied by a statute implementing the settlement. For more detailed information, see 'Deed of Settlement' below.
    Detailed Information:
    Background

    Te Roroa have sought redress for more than a century. They lodged claims with the Waitangi Tribunal between 1987 and 1990. Negotiations on a settlement began in 1992, after the Tribunal published its report, and were made complete on 17 December 2005.

    Te Roroa 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 in the circumstances and all parties have acted honourably and reasonably.

    Crown Apology

    The Crown apologised to Te Roroa for past dealings that breached the Crown's obligations under the Treaty of Waitangi including the confiscation and purchase of land and the operation of native land laws which left Te Roroa landless. The Crown also apologised for failing 'to ensure that Te Roroa retained sufficient land for their present and future needs'.

    Cultural Redress

    In recognising the traditional, historical, cultural and spiritual associations to certain places and sites owned by the Crown, the deed will allow Te Roroa and the Crown to jointly protect and enhance the conservation values of those sites. Twenty four sites of special significance will be returned to Te Roroa, preserving their 'natural values' and public access. Other sites will be subject to an 'overlay classification' or tarehu that acknowledges Te Roroa's traditional, cultural, spiritual and historic values and associations and preserves Te Roroa values. This requires the New Zealand Conservation Authority and Northland Conservation Board to consult with Te Roroa and act in accordance with principles developed by Te Roroa and the Minister of Conservation.

    Statutory Acknowledgements will register the special association Te Roroa has with an area, and will require that Te Roroa be notified of all 'resource consent applications' affecting the area. Deeds of Recognition will oblige the Crown to consult with Te Roroa regarding their special association with a site and management by the Department of Conservation or Commissioner of Crown Lands.

    Three placenames will be corrected (Merowharara Stream to Mirowharara Stream, Taita Stream to Waitakuhuruhuru Stream and Waitapu Stream to Ngaiore Stream) and three sites currently without official names will be named (Mangatara Stream, Ohae and Maunga Kairara).

    In order to restore Te Roroa access to traditional foods and food gathering areas, Te Roroa will be appointed as an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. The Committee will provide advice on the management of fisheries in the Te Roroa area of interest. It also includes for a right of first refusal for 50 years over a toheroa (shellfish) quota.

    The Deed of Settlement also provides for the establishment of protocols to enhance a good working relationship, on cultural matters of importance to Te Roroa, between Te Roroa and the Ministries of Fisheries, Culture and Heritage, Economic Development and the Department of Conservation.

    Commercial Redress

    Financial and commercial redress is intended to compensate Te Roroa for economic loss arising from Crown breaches of its obligations under the Waitangi Treaty and to give Te Roroa the means to enhance their economic and social situation. It includes a combination of cash and Crown-owned land up to a value of $9.5 million, and a right of first refusal over certain Crown-owned properties.
    Outcomes:
    The 1992 Report of the Waitangi Tribunal recommended the return of certain land to Te Roroa, which included privately owned farms. The Crown proceeded to purchase some of these farms in order to return the land to Te Roroa. This was controversial and resulted in the 1993 passage of legislation preventing the Tribunal from recommending the return of privately owned land (Boast).

    The settlement legislation to complete the Deed has not been passed at the time of writing, in January 2008. The Te Roroa Claims Settlement Bill was introduced to Parliament in February 2007 but its progress stalled by June.

    Related Entries

    Agreement
  • Treaty of Waitangi
  • Organisation
  • New Zealand Government - Signatory
  • Waitangi Tribunal
  • Office of Treaty Settlements
  • Ministry for Culture and Heritage (New Zealand) - Signatory
  • Department of Conservation (NZ) - Signatory
  • Ministry of Fisheries (New Zealand) - Signatory
  • People
  • Te Roroa People - Signatory

  • References

    General Reference
    Te Roroa Claims Settlement Bill 2007 (NZ)
    Waitangi Tribunal (1992) The Te Roroa Report 1992
    Office of Treaty Settlements (2005) Deed of Settlement between the Crown and Te Roroa: Summary
    Office of Treaty Settlements Deed of Settlement between the Crown and Te Roroa
    Office of Treaty Settlements (1996) Te Maunga Lands Deed of Settlement
    Journal Article
    Boast, Richard, 'The Waitangi Tribunal: "Conscience of the Nation" or Just Another Court?' (1993) 16(1) University of New South Wales Law Journal 223.

    Glossary

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

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