Thursday 16 May 2002

Minister in Charge of Treaty Negotiations Hon Margaret Wilson has welcomed today’s signing of an “Agreement in Principle” by Nga Rauru and the Crown as a significant milestone for both the south Taranaki iwi and the government.

The “Agreement in Principle”, which sets out the Crown’s offer for the settlement of the historical claims of Nga Rauru was signed this afternoon at Kaipo Marae, Waitotara.

“Nga Rauru is the first claimant group this government has been involved with from the start,” Margaret Wilson said. “We have been able to make such speedy progress - from Deed of Mandate stage to Agreement in Principle – because of the constructive and collaborative way both the Crown and the Nga Rauru negotiators have approached negotiations.”

Margaret Wilson said the Agreement in Principle document is an example of how this government has streamlined the Treaty negotiations process.

“We have done away with the detailed Heads of Agreement document. In the past this stage absorbed considerable time and resources of both the Crown and the claimants. Now we can move directly from the Agreement in Principle to a draft Deed of Settlement.”

The Nga Rauru Agreement in Principle is made up of a redress package which includes an agreed historical account and Crown acknowledgements (which will form the basis for a formal apology from the Crown), cultural redress including the transfer of five sites of significance to Nga Rauru, and a combination of cash and Crown owned land up to the value of $31 million.

Margaret Wilson said today’s Agreement in Principle adopted a different approach than previous settlements in that it has a particular focus on the ongoing relationship between Nga Rauru and the Crown.

“This aspect of the Crown’s offer is critical to Nga Rauru’s intention to use the redress contained in their settlement to revitalise their cultural identity and values.”

Work would now start on the detail required to progress the Agreement in Principle to a draft Deed of Settlement, Margaret Wilson said.

“Both the Crown and Nga Rauru are aiming to reach this milestone by August. At that point the draft Deed of Settlement will be initialled by the negotiators and put to the people of Nga Rauru for a vote. If ratified, a binding Deed of Settlement will be signed.”

The settlement would be conditional on the establishment of an appropriate body to receive the settlement redress and the passage through Parliament of the required settlement legislation.

Margaret Wilson said she fully expected “the unprecedented level of activity currently being enjoyed in the Treaty settlements area to continue”.

The signing of a Deed of Settlement with Ngati Tama of Taranaki in December 2001 brought to three the number of comprehensive Treaty settlements finalised by the government in the past year.

Legislation for the Ngati Ruanui settlement was introduced into Parliament yesterday. Progress in negotiations continued in other parts of the country, in particular the Bay of Plenty and in the Far North.

Margaret Wilson said this progress would be helped by the new Claims Development Team to be set up shortly within the Office of Treaty Settlements. The team’s role would be to assist claimant groups at the early stages of the negotiation process.

“I am confident this government will continue to make excellent progress in Treaty settlements.”

***

Agreement in Principle between the Crown and Ngä Rauru

Minister in Charge of
Treaty of Waitangi Negotiations
Hon Margaret Wilson

Embargoed until release at 2.00 pm Thursday, 16 May 2002

A copy of this summary is also available at www.beehive.govt.nz

Agreement in Principle
between Ngä Rauru and the Crown

General Background

Ngä Rauru is an iwi of Taranaki. Rauru Kiitahi is the eponymous ancestor of Ngä Rauru and it is from him that the tribal name is derived. Ngä Rauru are located in south Taranaki (see attached map of the iwi of Taranaki) and have approximately 3000 members according to the 2001 census.

Aspects of the history of the Ngä Rauru interaction with the Crown have been outlined in the Waitangi Tribunal’s Interim Taranaki Report published in 1996. An historical account agreed between the Crown and Ngä Rauru is included in the Agreement in Principle, along with acknowledgements of Crown breaches of the Treaty of Waitangi. A summary of the historical background follows. The Ngä Rauru claims relate in general terms to breaches by the Crown of its obligations under the Treaty of Waitangi, and in particular, the waging of war resulting in loss of life and the confiscation of land and other land dealings which have contributed to the dismantling of Ngä Raurutanga.

The Crown recognised the mandate of the Ngä Rauru Iwi Authority in April 2002 to represent Ngä Rauru in settlement negotiations with the Crown. Negotiations between the Crown and Ngä Rauru on a settlement redress package began in October 2000. The Agreement in Principle is an agreement between the Crown and Ngä Rauru outlining the main components of the proposed package for settlement of all Nga Rauru historical Treaty claims against the Crown. It is not legally binding on either party.

The Agreement in Principle was endorsed by a majority of marae delegates at a hui on 5 May 2002. The next step for both parties is to finalise a draft Deed of Settlement, the formal Crown settlement offer. The settlement offer will then be taken to Ngä Rauru members for ratification. Should the settlement be ratified, the Crown and Ngä Rauru will sign a binding Deed of Settlement. This is then subject to the establishment of an appropriate governance entity to receive the settlement redress, and the passage through Parliament of the settlement legislation.

Ngä Rauru was represented in negotiations by the Ngä Rauru Iwi Authority. The Office of Treaty Settlements headed by Andrew Hampton, with the support of Treasury, Department of Conservation and other agencies, represented the Crown in day to day negotiations. The Minister in Charge of Treaty of Waitangi Negotiations Hon Margaret Wilson represented the Crown in high level negotiations with Ngä Rauru.

Summary of Agreed Historical Account

The traditional rohe of Ngä Rauru is from Wanganui to Patea and inland to the Matemateaonga Range. Prior to the Taranaki wars Ngä Rauru were a prosperous iwi who engaged in extensive trade with European settlements. In the 1850s some Ngä Rauru entered a pact with other Taranaki iwi and others to oppose land sales. In 1860 resistance to the survey of the Pekapeka block at Waitara was deemed an act of rebellion by the Crown. When the Crown commenced hostilities in the province, some Ngä Rauru entered the war on the side of the non-sellers. This phase of war ended in 1861.

In May 1859 Ngä Rauru of Waitotara agreed to sell the Waitotara Block to the Crown. Purchase negotiations ceased when war began in North Taranaki and resumed in 1862. The Crown was aware of significant opposition to the sale but proceeded with it on the strength of the 1859 agreement. The sale was finalised early in July 1863.

War had broken out again in May 1863. Crown forces advanced from Wanganui in 1865 and from the north in 1866. Fighting continued until 1867. During this time the Crown adopted a policy of “scorched earth” involving the destruction of villages and cultivations. Ngä Rauru suffered much loss of life and property during these “bush scouring” campaigns.

Confiscation districts were proclaimed in September 1865. The ‘Ngäti Ruanui Coast‘ district included approximately 153,000 acres within the Ngä Rauru rohe. Land was confiscated from those the Crown considered to be “loyal” as well as “rebels”. The confiscations were indiscriminate, greatly exceeding the minimum necessary for the purposes of the New Zealand Settlements Act.

In June 1868 fighting resumed in South Taranaki and further lives were lost, including unarmed Ngä Rauru children at Handley’s woolshed. In February 1869, Crown forces expelled Ngä Rauru from South Taranaki. Exiled Ngä Rauru were forced to place themselves under the protection of the Whanganui tribes. Prior to 1873, most were forbidden by the Crown to return to their lands.

The compensation process for confiscated land under the New Zealand Settlements Act was inadequate and ignored customary forms of land tenure. By 1880 no compensation awards had been implemented and the Crown had systematically purchased many of these awards. The West Coast Commissions were appointed in the 1880s to fufill Crown promises regarding the return of reserves.

In the 1860s Ngä Rauru were involved in acts of passive resistance at Parihaka in response to the confiscations and lack of reserves. When the Crown invaded Parihaka in 1881 men, women and children were expelled from the settlement, crops were burned and homes destroyed. Many prisoners, including Ngä Rauru, were held at the Government’s will in the South Island. Conditions were harsh and included hard labour.

The 1926-27 Sim Commission investigation of the confiscations was limited. The Commission found in Taranaki that every acre taken exceeded what was fair and just. It recommended an annuity of £5,000 to compensate all the Taranaki iwi for the confiscations. A sum of £300 was compensation for the loss of property at Parihaka. There is no evidence Ngä Rauru or other iwi agreed to this and the sums, as with the rents on reserved lands, were not protected from the effects of inflation.

The West Coast Commissions finalised the return of land to iwi in Taranaki in the mid-1880s. Most of the Ngä Rauru productive coastal land was retained by the Crown. Ngä Rauru iwi and hapü did not gain control of the reserves nor could they exercise Ngä Raurutanga over the reserves in their rohe. Sixty percent of the land was alienated by the Public Trustee by 1974. Today less than 5% of the reserved land in Taranaki is owned as Mäori freehold land.

Through confiscation, systematic Crown purchasing and other land dealings more than 450 000 acres of land was alienated from Ngä Rauru. Nga Rauru Treaty claims also include twentieth century grievances based on the detrimental effects of legislation and policy on the iwi.

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Summary of the Agreement in Principle

Overview

The Ngä Rauru Agreement in Principle is made up of a package that includes;

1. An agreed historical account and Crown acknowledgements (which will form the basis for a formal Crown Apology)
2. Cultural redress
3. Commercial redress
It is proposed that the Deed of Settlement will also contain:
 A Crown acknowledgement of a statement by Ngä Rauru in relation to Ngä Rauru Kiitahi values and practices, known as Ngä Raurutanga
 A commitment by the Crown to establish a paepae rangatira which will enable Ngä Rauru to meet with the Crown to discuss their relationship under the Treaty of Waitangi and other matters of mutual interest

No private land is involved in the redress, only Crown assets.

The benefits of the settlement, once achieved, will be available to all members of Ngä Rauru wherever they may live.

Crown Apology

The Crown’s apology to Ngä Rauru will be based on Crown acknowledgements of acts and omissions in relation to Ngä Rauru that were in breach of the Crown’s obligations under the Treaty of Waitangi.

These acts and omissions included elements of the Waitotara Purchase, the Taranaki wars, which resulted in the loss of life, including that of Ngä Rauru children at Handley’s woolshed. Large areas of land were confiscated. The subsequent compensation process was inadequate and customary title was not retained. As a result of the perpetual leases imposed by the Crown, much of the land subsequently returned to Ngä Rauru was no longer under the iwi’s control. Insufficient lands were retained by Ngä Rauru for their present and future needs following confiscation and Crown purchasing.

Cultural Redress

1. Recognition of Ngä Rauru traditional, historical, cultural and spiritual association with places and sites owned by the Crown within their area of interest. This allows the Crown and iwi to protect and enhance the conservation values associated with these areas and sites and includes;
1(a). Statutory Acknowledgements

These register the special association Ngä Rauru has with an area and will be included in the settlement legislation. Statutory Acknowledgements are recognised under the Resource Management Act and the Historic Places Act.

There are to be eight such acknowledgements: the Hawkens Lagoon Conservation Area, the Nukumaru Recreation Reserve, the Lake Beds Conservation Area, the Ototoka Scenic Reserve, the Whenuakura River, the Waitotara River,the Patea River and the coastal marine area adjoining the Ngä Rauru area of interest.

1(b). Deeds of Recognition

These oblige the Crown to consult Ngä Rauru and have regard for its views regarding the special association Ngä Rauru have with a site. They also specify the nature of the input of Ngä Rauru into management of those areas by the Department of Conservation and/or the Commissioner of Crown Lands.

There will be six deeds, covering the Hawkens Lagoon Conservation Area, the Lake Beds Conservation Area, the Ototoka Scenic Reserve, the Waitotara River, the Whenuakura River, and the Patea River.

1(c). Special Area or Töpuni

This is an additional status for an existing conservation area that acknowledges Ngä Rauru traditional, cultural, spiritual and historic values and associations.

Töpuni status requires the Minister of Conservation and Ngä Rauru to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing Ngä Rauru values within a defined area of Crown land.

The NZ Conservation Authority and the Taranaki/Wanganui Conservation Board will also be required to have regard to the principles and consult with Ngä Rauru.

There is one area, the Lake Beds Conservation Area, proposed. It is about 21 hectares in size.

1(d). Protocols with Government Departments and Third Parties

The Deed of Settlement will provide for the establishment of protocols to promote a good working relationship, on matters of importance to Ngä Rauru, between Ngä Rauru and the Ministry of Energy, the Ministry of Fisheries, the Ministry for Culture and Heritage and the Department of Conservation.

The Crown will write to the Taranaki Regional, Manawatu-Wanganui Regional, Wanganui District and South Taranaki District Councils encouraging them to enter into memoranda of understanding with Ngä Rauru. The Crown will also write to the Taranaki/Wanganui Conservation Board, New Zealand Historic Places Trust and Taranaki Fish and Game Council for the same purpose.

Ngä Rauru will also be able to express their views to the Ministry for the Environment on the application of the Treaty and relevant parts of the Resource Management Act in the Ngä Rauru area of interest. The Ministry will also monitor the performance of Local Authorities in the Ngä Rauru area of interest in relation to these matters.

1(e). Placenames

The name of “Hawkens Lagoon Conservation Area” will be changed to “Tapuarau Conservation Area”, and the official name of the lagoon commonly known as Hawkens Lagoon will be Tapuarau.

1(f). Sites to be transferred to Ngä Rauru

Four areas of significance to Ngä Rauru will be returned to the iwi;
 the Okehu Stream Conservation Area(0.14 ha);
 the Waiinu Beach Conservation Area (4.8 ha);
 the Puau Conservation Area (4.4 ha);
 up to 10 hectares within the Nukumaru Recreation Reserve.

These sites total approximately 20 hectares.

The Crown will consider the transfer to Ngä Rauru of an additional 90 hectares of the Nukumaru Recreation Reserve.

One other area of significance to Ngä Rauru, the Rehu Village Conservation Area (8.8 ha) will be transferred to an joint entity agreed to by Ngä Rauru and Ngati Ruanui. This proposal for joint Ngä Rauru/Ngati Ruanui ownership was also contained in the Ngati Ruanui Deed of Settlement.

1(g). Recognition of Ngä Rauru Interests in relation to the Whanganui
River

The Crown will explore with Ngä Rauru Iwi Authority, the possibility of including in the Deed of Settlement appropriate recognition of the interests that Ngä Rauru have in the Whanganui River. The inclusion of such recognition is subject to that recognition being agreed between the Ngä Rauru Iwi Authority and Whanganui iwi.

2. Restoration of Ngä Rauru access to traditional foods and food gathering areas, including:
2(a). Customary Fisheries

Ngä Rauru will be appointed an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. The Committee will provide advice on the management of fisheries in the Ngä Rauru area of interest, including the customary interest of Ngä Rauru in those fisheries.

Specific provisions are:
 The Ministry of Fisheries will consult with Ngä Rauru and safeguard existing Ngä Rauru non-commercial customary fishing rights if the numbers of certain specified customary or taonga species rise to levels that make a commercial catch possible.
 A right of first refusal to buy a proportion of surplus Crown quota for purimu /surf clams and kina/sea urchin in a specified part of the Ngä Rauru Area of Interest if these species become part of the quota management system.
 Should tendering for coastal space for marine farming occur, Ngä Rauru will have the preferential right to buy a specified percentage of any authorisations, at the tender price, within a specified part of the Ngä Rauru area of interest.

2(b). Camping licences or Ükaipö.

Ükaipö are areas of up to one hectare, generally near a waterway, which give access to traditional food gathering areas. Ngä Rauru members will have the right to use these entitlements for non-commercial, lawful fishing and food gathering purposes for up to 210 days a year. The licences do not affect existing public access to waterways. There are five ükaipö sites and they are to be within the Hawkens Lagoon Conservation Area, the Rotokohu Scenic Reserve, the Mangawhio Lake Scenic Reserve, the Waipipi Marginal Strip, and the Patea Harbour Conservation Area.

Commercial Redress

3. This redress recognises the economic loss suffered by Ngä Rauru arising from breaches by the Crown of its Treaty obligations. It aims to provide Ngä Rauru with resources to assist it to develop its economic and social well being. It includes:

3(a). A combination of cash and Crown owned land up to a value of $31 million.

3(b). Right of First Refusal - Ngä Rauru will also have, for a period of 50 years, a right of first refusal to buy, at full market value, certain surplus properties in their area of interest currently owned by the Crown.

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Mount Taranaki

There is no cultural redress or apology in the Deed of Settlement relating to the confiscation of Mount Taranaki. This matter will be addressed at a later date in the settlement process in Taranaki when all the iwi of Taranaki are in a position to negotiate on these issues.

There will be no additional financial or commercial redress in relation to the mountain. Any cultural redress and apology agreed with Ngä Rauru will recognise the traditional, cultural, historical and spiritual significance of Mount Taranaki to all iwi of Taranaki while recognising the interests of the people of New Zealand generally in Mount Taranaki.

Questions and Answers

1. Is there any private land involved?
No.

2. Will the public’s rights be affected?
Generally, no, but:
 Camping licence sites or ükaipö, which are similar to other concessions granted by the Department of Conservation, will be for the exclusive use of Ngä Rauru for up to 210 days a year. Each site will be up to one hectare in size and there are a total of five sites. This will not affect public access to waterways.
 Approximately 20 hectares of land currently protected under conservation and reserve legislation will be transferred to Ngä Rauru. The Crown may also consider the transfer of an additional 90 hectares of such land to Ngä Rauru.

3. What is a camping licence or Ukaipö?
It is a licence to temporarily occupy a piece of land of up to one hectare near a traditional Ngä Rauru food gathering area. It is set back from the marginal strip and does not impede public access to or along a waterway. It is the same concept as a nohoanga in the Ngai Tahu settlement.

4. What is a Special Area or Töpuni?
A töpuni classification recognises the cultural, spiritual and historical values of a site or area. It gives Ngä Rauru the right to be consulted in the management of an area or site but does not override existing classifications or protections, such as National Park status.

5. What is a paepae rangatira?
It is a term used to describe a forum to be established between representatives of Ngä Rauru and certain Ministers of the Crown.

6. What are Statutory Acknowledgements?
These acknowledge areas or sites with which Mäori communities have a special relationship and will be recognised in any proceedings in relation to those areas under the Resource Management Act. This provision aims to avoid past problems with land development for roading and other purposes when areas of significance to Mäori, such as burial grounds, were simply cleared or excavated without either permission or consultation. It is not a specific property right.

A Deed of Recognition sets out an agreement between the administering Crown body (The Minister of Conservation or the Commissioner of Crown Lands) and a Mäori community, that recognises the community’s special association with a site as stated in a statutory acknowledgement and specifies the nature of their input into the management of the site.

7. Will any place names be changed?
The name of “Hawkens Lagoon Conservation Area” will be changed to “Tapuarau Conservation Area”, and the official name of the lagoon commonly known as Hawkens Lagoon will be Tapuarau.

8. What about Mt Taranaki?
Because of the significance of the mountain to all iwi of Taranaki, the question of an apology and redress for the confiscation of the mountain and any other breaches is to be deferred until all iwi are in a position to negotiate. Redress in relation to the mountain will consist of an apology and cultural redress. No further financial or commercial redress will be involved.

9. Will any National Parks be affected in the settlement?
No.

10. What will happen to memorials on private titles?
Should Ngä Rauru enter into a Deed of Settlement with the Crown, the Deed will remove the legislative restrictions (memorials) placed on the title of State Owned Enterprise properties and some State Owned Enterprise properties now in private ownership. The removal of memorials will occur within a specified area (which will only relate to that part of Ngä Rauru's area not covered by unresolved claims of other groups).

11. Will Ngä Rauru gain any rights to petroleum under the settlement?
The Agreement in Principle contains the Crown’s settlement offer that will settle all Ngä Rauru historical claims against the Crown, including any historical claims regarding petroleum. Should a Deed of Settlement be entered into, this would not preclude Ngä Rauru from participating in any future changes to the petroleum management regime to recognise the Crown’s contemporary obligations to Maori under the Treaty regarding natural resources.

12. Will the settlement create any special rights for Ngä Rauru?
No new rights will be created. Provisions in relation to conservation, such as Statutory Acknowledgements and Töpuni, give practical effect to existing provisions of both the Resource Management Act (section 6) - and the Conservation Act (section 4), which provide for Maori participation in conservation and planning matters.

13. Will Ngä Rauru have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th Centuries?
No. If Ngä Rauru enter into a Deed of Settlement with the Crown, both parties agree it will be fair in all the circumstances and a final settlement for all Ngä Rauru historical or pre 1992 claims in the Taranaki area. Once settlement legislation is passed, this will prevent Ngä Rauru from re-litigating (or bringing any new) historical claims before the Tribunal or the courts.

However, the settlement package will still enable Ngä Rauru or members of Ngä Rauru to pursue claims against the Crown for acts or omissions that are in breach of the Treaty of Waitangi after 21 September 1992 (i.e. non-historical), including claims based on the continued existence of aboriginal title or customary rights. The Crown also retains the right to dispute such claims or the existence of such title rights.

14. What about the Taranaki Claims Settlement Act of 1944? Wasn’t that final?
The settlement of 1944 was made unilaterally, without agreement with Ngä Rauru. The iwi of Taranaki have never regarded the 1944 Act as adequate redress for Treaty breaches. The Crown also accepts that compensation under the Act was inadequate.

15. What happens next?
The Crown and Ngä Rauru will commence the detailed work to develop a draft Deed of Settlement. Both the Crown and Ngä Rauru are aiming to have reached an agreed Deed of Settlement by the end of 2002. The Deed of Settlement is the formal Crown offer to Ngä Rauru for settlement of their historical Treaty claims. Once a Deed of Settlement is initialled by the Crown and representatives of Ngä Rauru, the Crown’s settlement offer will be subject to ratification by the members of Ngä Rauru. If ratified, the Deed of Settlement will be enshrined in a Bill.

The settlement will be subject to the establishment of an appropriate Ngä Rauru governance entity (to receive the settlement redress) and the passage of settlement legislation through Parliament.

16. Who benefits from the settlement?
All members of Ngä Rauru, wherever they may now live.

17. What will be the total cost to the Crown?
$31 million plus interest from the date of the signing of the Deed of Settlement plus the cost of the land returned under 1(f).

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