Deed of Settlement - Ngati Ruanui
Deed of Settlement - Ngati Ruanui
The Deed of Settlement is the final settlement of all Ngati Ruanui's historical claims resulting from acts or omissions by the Crown prior to 21 September 1992 and is made up of a package that includes;
An apology from the Crown,
No private land is involved in the redress, only Crown assets.
The benefits of the settlement will be available to all members of Ngati Ruanui wherever they may live.
The Crown apologises to Ngati Ruanui for past dealings that breached the Crown's obligations under the Treaty of Waitangi including the Taranaki wars and the confiscation of large areas of land that left Ngati Ruanui largely without land in spite of their desire to retain land. And, as a result of the perpetual leases imposed by the Crown, much of the land subsequently returned to Ngati Ruanui was no longer under their control.
Recognition of Ngati Ruanui's traditional, historical, cultural and spiritual association with places and sites owned by the Crown within their area of interest. This allows the Crown and Ngati Ruanui to protect and enhance the conservation values associated with these areas and sites and includes;
1(a). Statutory Acknowledgements
These register the special association Ngati Ruanui has with an area. Statutory Acknowledgements are recognised under the Resource Management Act and the Historic Places Act.
There are to be five such acknowledgements; the Otoki Gorge Scenic Reserve, the Coastal Marine Area adjoining the Ngati Ruanui area of interest, the Tangahoe River, the Whenuakura River, and the Patea River.
1(b). Deeds of Recognition
These oblige the Crown to consult Ngati Ruanui and have regard for their views regarding Ngati Ruanui's special association with a site. They also specify the nature of Ngati Ruanui's input into management of those areas by the Department of Conservation (DOC) and/or the Commissioner of Crown Lands.
There will be four deeds, covering the Otoki Gorge Scenic Reserve, the Tangahoe River, the Whenuakura River, and the Patea River.
1(c). Special Area or Taki Poipoiia o Ngati Ruanui
This is an additional status for an existing conservation area that acknowledges Ngati Ruanui's traditional, cultural, spiritual and historic values and associations. Special Area status requires the Minister of Conservation and Ngati Ruanui to develop and publicise a set of principles which will assist the Minister to avoid harming or diminishing Ngati Ruanui values.
The NZ Conservation Authority and the Taranaki/Wanganui Conservation Board will also be required to have regard to the principles and consult with Ngati Ruanui.
There is one Special Area proposed for Ngati Ruanui. This is Wai-ariki, part of the Waitotara Conservation Area. It is about 10 ha in size.
1(d). Protocols with Government Departments and Third Parties
The Deed of Settlement also provides for the establishment of protocols to enhance a good working relationship, on cultural matters of importance to Ngati Ruanui, between Ngati Ruanui and the Ministry of Energy, the Ministry of Fisheries (Mfish), the Ministry for Culture and Heritage, and the Department of Conservation.
The Crown has written to the Taranaki Regional, and the Stratford and South Taranaki District Councils encouraging them to enter into memoranda of understanding with Ngati Ruanui. The Crown has also written to the Taranaki/Wanganui Conservation Board and Taranaki Fish and Game Council for the same purpose.
Ngati Ruanui 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 Ngati Ruanui's area of interest. The Ministry will also monitor the performance of Local Authorities in Ngati Ruanui's area of interest in relation to these matters.
1(e). Place Names
The spelling of one name will be changed (Mangimangi Stream to Mangemange Stream) and three sites currently without official names will be named (Whitikau, Maraeroa and Te Ramanui).
Ngati Ruanui will also be notified by the New Zealand Geographic Board about future name proposals in their area of interest.
1(f). Sites Transferred to Ngati Ruanui
Four areas of significance to Ngati Ruanui - one hectare of the Tarere Conservation Area, the Maben Conservation Area (subject to an easement in favour of Trustpower for hydro purposes), the Pukemoko Pa site within the Otoki Gorge Scenic Reserve, and the Kaikura Conservation Area - will be returned to Ngati Ruanui. These sites total approximately 10 ha. Part of the bed of Lake Kaikura owned by the Crown (subject to protection for existing lawful use and access) will also be returned to Ngati Ruanui.
One other area of significance
to Ngati Ruanui, the Makino Scenic Reserve, will be vested
in Ngati Ruanui to administer under the Reserves Act.
The South Taranaki District Council and the Stratford District Council have also agreed to transfer to Ngati Ruanui the Turuturu Mokai Historic Reserve (subject to the protection of the memorial cairn and public access to that cairn) and the land on which the Whakaahurangi Marae is located.
1(g). Other Acknowledgements
The Crown acknowledges the association of Ngati Ruanui with indigenous species managed by DOC, fish and other aquatic life managed by Mfish, and with a variety of Argillite known as Puurangi, within the Ngati Ruanui area of interest.
Restoration of Ngati Ruanui access to traditional foods and food gathering areas, including:
2(a). Customary Fisheries
Ngati Ruanui 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 Ngati Ruanui area of interest, including the customary interest of Ngati Ruanui in those fisheries.
Specific provisions are:
The Ministry of Fisheries will consult with Ngati Ruanui and safeguard their existing non-commercial customary fishing rights if the numbers of certain specified customary or taonga species (Kuku/Blue Mussel, Kuku/Greenlipped Mussel, Piharau/Lamprey, Pipi, Waikaka/Mudsnail, Pupu/Catseye, Kina and Waikoura/Crayfish) rise to levels that make a commercial catch possible.
The Minister of Conservation will consult with Ngati Ruanui on all matters concerning the management of indigenous freshwater fisheries by the Department of Conservation.
Provisions looking into the possibility of taking undersized tuna (eel) as part of stocking or re-stocking of waterways and aquaculture projects.
Protection of Ngati Ruanui's customary non-commercial interest in paua should this species become commercially viable in the Ngati Ruanui area of interest.
A Right of First Refusal to buy a proportion of surplus Crown quota for surf clams/purimu and kina in a specified part of the Ngati Ruanui area of interest if these species become part of the quota management system.
Should tendering for coastal space for marine farming occur, Ngati Ruanui will have the preferential right to buy a specified percentage of any authorisations, at the tender price, within a specified part of the Ngati Ruanui area of interest. Ngati Ruanui retains the right to participate in other tenders for coastal space authorisations.
A commitment from the Crown to consider a proposal from Ngati Ruanui to apply a prohibition on commercial fishermen using trawl nets and set nets within certain parts of Ngati Ruanui's area of interest.
2(b). Camping Licences or Ukaipo
These are areas of up to one hectare near a waterway which give access to traditional sources of food. Ngati Ruanui 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 two Ukaipo sites and they are side by side in the Tarere Conservation Area.