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Ngai Tâmanuhiri Initialled Deed of Settlement
|Date:||16 December 2010|
|Sub Category:||Deed of Settlement (New Zealand)|
|Location:||Gisborne, Aotearoa - New Zealand|
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|Ngai Tâmanuhiri are a small iwi based in the Gisborne (Tûranga) region in New Zealand's North Island. The Ngai Tâmanuhiri area of interest extends from the mouth of the Waipaoa River (near Young Nick's Head) south over Wharerata Forest and down the coastline to Paritû. From Paritû the area extends inland towards Lake Waikaremoana. Ngai Tâmanuhiri also have recognised interests in Kaiti, Gisborne.|
|Legal Status:||This is an initialled Deed of Settlement. The settlement will only be implemented and redress transferred after ratification by the Iwi and the passage of settlement legislation.|
|Subject Matter:||Compensation | Land Management | Land Settlement | Land Transaction | Leadership | Management / Administration | Recognition Agreement / Acknowledgement | Recognition of Traditional Rights and Interests|
|On 17 December 2010, Tte Ngai Tämanuhiri Whänui Trust, as the mandated Treaty settlement negotiating organization for Ngai Tämanuhiri, and the Crown initialled a Deed of Settlement to settle all Ngai Tämanuhiri historical Treaty claims. If sufficient support is received from Ngai Tämanuhiri for the Deed then it will be signed by the Crown and Ngai Tämanuhiri and it will be a full and final settlement of all of the historical Treaty of Waitangi claims of Ngai Tämanuhiri. The Deed of Settlement does not remove the right to make contemporary claims relating to Crown acts or omissions in breach in of the treaty after 21 September 1992.|
The proposed settlement package is made up of three key parts:
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.
| Background |
The first Treaty claim for Ngai Tâmanuhiri was filed with the Waitangi Tribunal in 1992.
The Waitangi Tribunal inquired into the claims of Tûranga in 2001 and 2002. On 30 October 2004, the Waitangi Tribunal released its Tûranganui-a-Kiwa report and found that the Crown had committed numerous breaches of the Treaty of Waitangi, including the execution of unarmed prisoners at Ngatapa Pa in 1868 by Crown forces. These breaches were described as illegal and insidious and were said to be among the worst anywhere in New Zealand.
The trustees of the Ngai Tâmanuhiri Whânui Charitable Trust received a mandate to negotiate on behalf of Ngai Tâmanuhiri an offer for the settlement of their historical claims.
Ngai Tâmanuhiri, Te Pou a Haokai and Rongowhakaata agreed to negotiate collectively as Tûranga Manu Whiriwhiri.
Tûranga Manu Whiriwhiri and the Crown by agreement dated 29 August 2008, agreed, in principle, that the parties were willing to enter into a deed of settlement or deeds of settlement on the basis set out in the agreement.
In November 2009, the Crown considered that the Tûranga collective negotiation approach was no longer feasible, and the respective groups commenced separate negotiations with the Crown. Ngai Tâmanuhiri is the first of those Tûranga groups to have completed those negotiations.
The Deed was initialled on 17 December 2010 and if ratified, the Deed will be signed, the settlement will be implemented and the redress transferred following the passage of settlement legislation.
The Crown formally apologises for breaches of the Treaty of Waitangi and indicates the Crown's desire to build a relationship of trust and mutual co-operation with Ngai Tämanuhiri.
The Crown's formal apology to Ngai Tämanuhiri is set out in full in Part 3 of the Deed of Settlement.
The Historical account set out in the Deed includes the recognition of four main areas of history. They are:
Based on the agreed Historical Account, the Crown acknowledges that certain historical acts and omissions were in breach of the Treaty of Waitangi. The Crown further acknowledges the full effect of these acts and omissions and that redress is long overdue. In its Information Booklet, the Ngai Tämanuhiri Whänui Trust highlight the important acknowledgements as:
The Cultural redress includes:
Financial and Commercial Redress
The Crown makes a financial and commercial redress comprising of:
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