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Pukaahu (Awakeri Springs) Deed of Settlement

Category: Agreement
Date: 15 September 2004
Sub Category:Deed of Settlement (New Zealand)
Location:Eastern Bay of Plenty, Aotearoa - New Zealand
Payments:
  • Financial and Commercial Redress (New Zealand) - New Zealand Government ($300,000)
  • - New Zealand Government ($35,000)
  • Subject Matter:Compensation | Cultural Heritage | Land Management | Land Settlement | Land Use | Mining and Minerals | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://nz01.terabyte.co.nz/ots/DocumentLibrary/Wai79Deed-FINAL.htm#_Toc77146693
    Summary Information:
    This settlement 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 cash compensation, 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.
    Detailed Information:
    Background

    In 1879, title to 'Rangitaiki 12' was granted to Wiremu Te Whatapapa and Ihipera Maunu. Upon their deaths, Kereua Te Whatapapa and Rooha Petera succeeded to their interests in the land. Their descendents are the current owners of the land and the claimants in this settlement. Between 1891 and 1982 the Crown acquired approximately 57 acres of the block (which totalled approximately 300 acres) for various purposes including the construction of roads, quarrying for pumice, and establishing the Pukaahu (Awakeri) hot springs as a public thermal reserve and recreation park. The springs were significant to Ngati Awa hapu and were used for cooking, bathing, washing clothes and so on, prior to and following the grant of title (Waitangi Tribunal). Approximately 8 acres were returned to the descendents of Kereua Te Whatapapa and Rooha Petera between 1959 and 1984. The Waitangi Tribunal commented that these acquisitions (except for the roads) were not sufficiently necessary to justify the breach of the Treaty of Waitangi entailed by the compulsory acquisition of Maori land.

    In 1988 Stanley Newton, on behalf of the owners, lodged a claim with the Waitangi Tribunal in respect of matters arising from the acquisition of the land since 1879, particularly seeking the return of the land taken for a quarry and the Pukaahu/Awakeri reserve (Waitangi Tribunal).

    This is an ancillary claim considered alongside but separately to the Ngati Awa 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. This Deed of Settlement and the Settlement Legislation is intended to satisfy in full and finally the grievances of the claimants arising from the conduct of the Crown and release the Crown from liability in respect of that conduct.

    Redress

    The claimants agree to establish a Governance Entity to receive the redress under the settlement. The redress is a combination of cash ($100,000) and the revesting of land valued at $200,000. The returned land includes the hot springs and recreation reserve. The land is to be vested in the Governance Entity, subject to a lease to Awakeri Hot Springs (2002) Limited. The claimants have also received $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.

    Signatories

    Enid Leighton and Parehuia Aratema signed the Deed as the mandated representatives of the claimants. The Honourable Margaret Wilson signed on behalf of the Crown.
    Outcomes:
    The Deed became unconditional with the passage of the Ngati Awa Claims Settlement Act 2005.

    Related Entries

    Agreement
  • Treaty of Waitangi
  • Ngati Awa Deed of Settlement
  • Organisation
  • Office of Treaty Settlements
  • Waitangi Tribunal
  • New Zealand Government - Signatory
  • People
  • Ngati Awa
  • Descendents of Kereua Te Whatapapa and Rooha Petera - Signatory

  • References

    General Reference
    Office of Treaty Settlements (2004) Deed of Settlement to Settle Pukaahu Historical Claims
    Ngati Awa Claims Settlement Act 2005 (NZ)
    Waitangi Tribunal Ngati Awa Raupatu Report

    Glossary

    Agreement in Principle / Heads of Agreement (New Zealand) | Deed of Settlement (New Zealand) | Governance Entity (New Zealand) | Settlement Legislation (New Zealand) | Hapu (Aotearoa/New Zealand)

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