Ngai Tâmanuhiri Initialled Deed of Settlement
|Date: ||16 December 2010|
|Sub Category:||Deed of Settlement (New Zealand)|
|Location:||Gisborne, Aotearoa - New Zealand|
|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|
|Summary Information: |
|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:
Crown Apology (including an agreed Historical Account and Crown Acknowledgements);
Cultural Redress; and
Financial and Commercial Redress.
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 |
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:
The Crown’s attack on Waerenga-a-Hika in 1865, the treatment of Ngäi Tämanuhiri Members who were sent to the Chatham Islands in exile, their return to the mainland and their subsequent pursuit by the Crown, the 1868 deed of cession and the operation of the Poverty Bay Commission and the Validation Court;
Native Land Court operations;
Crown purchasing activity; and
20th century land administration.
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 Crown attack on Waerenga-a-Hika in 1865;
the detention without trial of Ngäi Tämanuhiri Members and their imprisonment on the Chatham Islands;
the pursuit of those Ngai Tämanuhiri Members following their return from the Chatham Islands;
the entry by Ngai Tämanuhiri into the deed of cession in 1868;
the operation of the Poverty Bay Commission, the Validation Court and the imposition and effect of the various Native Land laws from 1869;
the operation and effect of the East Coast Trust, which held a significant portion of Ngai Tämanuhiri land for a number of decades;
public works takings and the operation and effect of land consolidation schemes over Ngai Tämanuhiri lands;
environmental degradation, including in respect of Ngai Tämanuhiri moana interests; and
The Cultural redress includes:
the vesting of Young Nick’s Head Historic Reserve;
funding to enable the purchase of Te Wherowhero and the gifting of a parcel of land at Mangapoike;
statutory acknowledgements over specific waterways and the Ngai Tâmanuhiri coastal marine area;
the name change of Young Nick’s Head Historic Reserve to Te Kuri a Paoa/Young Nick’s Head National Historic Reserve;
an undertaking to establish a Central Leadership Group (including two other Tûranga groups, Rongowhakaata and Te Whakarau) to provide a forum for Ngai Tâmanuhiri to engage with central government;
establishment through legislation of a Local Leadership Body (membership comprising Ngai Tâmanuhiri, Rongowhakaata, Te Whakarau and the Gisborne District Council) to enhance Ngai Tâmanuhiri’s engagement in local decision making;
funding for a cultural revitalisation plan and a Tûranga memorial;
Ministerial protocols and a relationship agreement with the Ministry for the Environment; and
a commitment to write letters of introduction to agreed museums introducing Ngai Tâmanuhiri and identifying key issues of relevance.
Financial and Commercial Redress
The Crown makes a financial and commercial redress comprising of:
$11.07 million plus interest;
the transfer of Wharerata Forest to an entity in which Ngai Tâmanuhiri will purchase a 50% share;
the transfer of one landbank property;
the opportunity to purchase one property through a two year deferred selection process (on the condition it is leased back to the Crown);
a right of first refusal over an Pakowhai Scenic Reserve; and
the opportunity to purchase one surplus Crown property through a two year deferred selection process, subject to the resolution of overlapping claims.