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Rotoma Deed of Agreement
|Date:||6 October 1996|
|Sub Category:||Deed of Settlement (New Zealand)|
|Location:||Lake Rotoma, Aotearoa - New Zealand|
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|Subject Matter:||Compensation | Land Use | Mining and Minerals | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|The Proprietors of Rotoma No 1 Block Incorporated (the 'Incorporation') on behalf of Ngatitamateatutahi - Ngati Kawiti claimed that the Crown breached the Treaty of Waitangi by quarrying their land without permission. The Deed provides for the Crown to remedy its breach of the Treaty of Waitangi in three ways: an apology; the transfer of surplus land to the Incorporation; and a payment towards the Incorporation's costs of negotiating the settlement.|
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.
In 1989 the Incorporation initiated a claim in the Waitangi Tribunal concerning some 5.2678 hectares of land which was owned by the Incorporation prior to its compulsory acquisition by the Crown in 1944. The claim alleged that the Crown had quarried the land between 1936 and 1944 without permission and without compensating the owners and that this had caused prejudice to them. The negotiations for this Deed commenced in 1991 and the Incorporation agrees that this Deed settles its claims and releases the Crown from liability.
The Crown apologises for breaching the Waitangi Treaty by quarrying the land between 1936 and 1944 without the permission of the owners and without paying compensation for the appropriation. Certain land is to be returned to the Incorporation through the Maori Land Court at no cost to the Incorporation. The Crown is to contribute $11,125.32 to the Incorporation's costs of participating in the negotiation of the settlement.
Joseph Poroa Malcolm signed the Deed on behalf of the Incorporation. The Honourable Douglas Graham signed on behalf of the Crown.
|Office of Treaty Settlements (1996) Deed of Agreement between the Crown and the Proprietors of Rotoma No 1 Block Incorporated|
|Agreement in Principle / Heads of Agreement (New Zealand) | Deed of Settlement (New Zealand)|
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