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Waiohau Deed of Settlement
|Date:||1 December 2004|
|Sub Category:||Deed of Settlement (New Zealand)|
|Location:||Eastern Bay of Plenty, Aotearoa - New Zealand|
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|Subject Matter:||Compensation | Cultural Heritage | Economic Development | Forestry | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|The Waiohau Deed of Settlement (the Deed) between the Waiohau Claimants and the Queen in Right of New Zealand was signed by Tukorehu Waaka as the Mandated Negotiator of the Waiohau Claimants and by the Hon Margaret Wilson on behalf of the Crown.|
This Deed relates to a breach by the Crown of the Treaty of Waitangi caused by the compulsory acquisition of freehold title held by the Maori claimants and their ancestors. It provides for the return of some of that land to the claimants and reimbursement of their legal costs
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.
A claim was initiated before the Waitangi Tribunal in 1987 relating to the compulsory acquisition of a parcel of land (known as 'Waiohau C26 block') for a quarry in 1962. The land was part of a subdivision of 'Waiohau No 1 Block', title to which was granted to some 150 Maori owners by the Native Land Court in 1878. Kaari Waaka brought the claim on behalf of the prior owners and their descendents ('the claimants'), on the basis that the Crown did not need to obtain the freehold title in order to extract gravel from the site.
Compulsory acquisition of Maori land breaches the Treaty of Waitangi, especially in cases such as this where it was not necessary. The land was offered back to the claimants for $20,000 in 1984, but because many individuals had an interest in it, they could not take advantage of the offer. The Waitangi Tribunal recommended the return of the land, filled so that it was usable for agriculture, and compensation for the gravel extracted from it. The Tribunal also noted that depriving the claimants of the land had meant that it could not be included in an afforestation scheme undertaken nearby (Waitangi Tribunal).
This is an ancillary claim considered alongside but separately from the Ngati Awa Deed of Settlement (see below). The Waitangi Tribunal considered that it was not appropriate to deal with this matter as part of the larger tribal settlement.
The claimants and the Crown commenced negotiating this settlement in 1997. It provides for the return of the land to the claimants, cash compensation, and reimbursement of their legal costs.
This Deed is intended to satisfy in full and finally the grievances of the claimants arising from the conduct of the Crown. The claimants agree that this Deed and the Settlement Legislation will settle their claims and release the Crown from liability in respect of those claims. They acknowledge that the Settlement is fair and final and the Crown has acted honourably and reasonably.
The claimants agree to establish a Governance Entity to receive the redress under the settlement. The redress is comprised of $50,000 cash plus land to the value of $20,000 and $35,000 towards their legal costs. The settlement is for the benefit of the claimants, as a whole, and individually as determined by the Governance Entity.
|Assuming the Governance Entity was created in accordance with the Deed, the Deed would have become unconditional with the passage of the Ngati Awa Claims Settlement Act 2005 (NZ).|
|Office of Treaty Settlements (2004) Deed of Settlement to Settle Waiohau Historical Claims|
|Waitangi Tribunal Ngati Awa Raupatu Report|
|Ngati Awa Claims Settlement Act 2005 (NZ)|
|Agreement in Principle / Heads of Agreement (New Zealand) | Deed of Settlement (New Zealand) | Governance Entity (New Zealand)|
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