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Te Maunga Lands Deed of Agreement
|Date:||2 October 1996|
|Sub Category:||Deed of Settlement (New Zealand)|
|Location:||Tauranga District, Aotearoa - New Zealand|
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|Subject Matter:||Compensation | Consultation | Land Settlement | Land Use | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|The descendents of the original owners of land at Te Maunga brought a claim before the Waitangi Tribunal arising from Crown breaches of the Treaty of Waitangi. The Te Maunga Lands Deed of Agreement (the Deed) provides for an apology, the return of some 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.
In 1992 Michelle Henare and others brought a claim before the Waitangi Tribunal, as descendents of the former owners of approximately 1 acre of land at Te Maunga. The former owners were Ngai Potiki, a hapu of Ngai Te Rangi. The basis of the claim was that Crown actions under public works legislation breached the Treaty of Waitangi. Initially the Crown failed to adequately consult with the owners when the land was compulsorily acquired in 1955. The Crown did not follow correct procedure in dealing with the land, which required the involvement of the Maori Land Court. Finally, an offer to return the land for $70,000 breached the Treaty of Waitangi because the land should not have been acquired in the first place and the Crown should not receive a capital gain from the improper acquisition (Waitangi Tribunal).
The claimants and the Crown commenced negotiating this settlement in 1995. This Deed of Settlement is intended to satisfy in full and finally the grievances of the claimants arising from the conduct of the Crown.
As part of the settlement, the Crown apologises for its breaches of the Treaty of Waitangi. The land is to be vested in a trust (to be established by the claimants). The Crown is to contribute $10,631.74 to the claimant's legal costs and $5,000 to the claimant's negotiation costs.
The Deed was was signed by John Farrell, Michelle Henare and Matini Taikato as mandated representatives of the claimants, and by the Hon Douglas Graham on behalf of the Crown.
|Waitangi Tribunal (1994) Te Maunga Railways Land Report|
|Office of Treaty Settlements (1996) Te Maunga Lands Deed of Settlement|
|Agreement in Principle / Heads of Agreement (New Zealand) | Deed of Settlement (New Zealand) | Hapu (Aotearoa/New Zealand)|
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