Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Fact Sheet: Treaty Settlements Customary Interests


Summary of Cultural Redress Instruments used in Settlements of Historical Treaty of Waitangi Claims

Instrument name - Key features

Statutory vesting of fee simple estate - Provides ownership (title). Rights to use and manage may vary according to type of site.

Statutory vesting and gifting back of sites of significance - Ownership of site of outstanding significance (e.g. Aoraki/Mount Cook) is vested in the claimant group who then (after a specified interval) return it unconditionally to the Crown for all New Zealanders.

Statutory vesting of riverbed or lakebed - May be available for beds of rivers or lakes of great significance to the claimant group - where it is also legally possible. Vests the riverbed or lakebed only, not water, and involves protection of existing property, use and access rights.

Statutory vesting as reserve - Site is vested in the claimant group as a reserve under s26 of the Reserves Act 1977, and the claimant group holds and administers the site under that Act.

Overlay classifications (Tôpuni, Taki Poipoia or Kirihipi) - Applies to highly significant sites on land administered by the Department of Conservation (DOC): recognises a statement of the claimant group's associations, describes their values and principles, and identifies actions to avoid harm to these.

Statutory Acknowledgements - Applies to sites of significance (including rivers, lakes, mountains, wetlands and coastal areas) where land is owned by the Crown: acknowledges a statement of the claimant group's associations, and enhances the claimant group's ability to participate in specified Resource Management Act 1991 process.

Advisory Committee appointments - Provides for the claimant group to advise a Minister directly on specified matters - for instance, advice to the Minister of Fisheries in relation to a taonga fish species.

Deeds of Recognition - May follow from Statutory Acknowledgement (SA). The Minister responsible for managing the land subject to SA acknowledges a statement of the claimant group's associations, and agrees to consult and have regard to the claimant group's views on specified matters.

Protocols - Issued by a Minister (e.g Minister of Conservation). Sets out how the relevant department will exercise its functions, powers and duties in relation to specified matters in the claimant group's area of interest, interact with the claimant group and provide for its input into decision-making.

Camping entitlements (Nohoanga or Ukaipo) - Entitlement to camp temporarily on specified Crown-owned land, for the purpose of lawful gathering of traditional foods and other natural resources.

Place-name changes - Usually to a dual Maori/English name. Provides visible recognition for the claimant group.

Joint Advisory or Management Committee - Can be established under s9 of the Reserves Act 1977 or s56 of the Conservation Act 1987 to advise on or manage a site or area of importance to both the claimant group and the Crown. Such committees will usually be made up of representatives of both a claimant group (or groups - if the site or area is important to more than one claimant group) and DOC.

Source: Office of Treaty Settlements, Healing the Past, Building the Future: A Guide to Treaty of Waitangi Claims and Negotiations with the Crown, 2002, p 100.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Supreme Court: Worksafe Decision On Whittall Pike River Prosecution Unlawful

The question in issue on the appeal was whether WorkSafe New Zealand acted to give effect to an unlawful agreement of this nature when it offered no evidence on charges against Peter William Whittall for breaches of the Health and Safety in Employment Act 1992...

The Supreme Court... has found that the decision to offer no evidence was made under an unlawful agreement to stifle prosecution. It has granted a declaration to that effect. More>>


Cullen To Chair: Tax Working Group Terms Of Reference Announced

Finance Minister Grant Robertson and Revenue Minister Stuart Nash today announced the Terms of Reference for the Tax Working Group and that the Group will be chaired by Sir Michael Cullen. More>>


Gordon Campbell: On The New Pike River Agency (And The Air Strike Wing)

Much of the sympathy the public still feels for the families of the Pike River miners has been sustained by the sense that the previous government – let alone the mining company and the processes of receivership and litigation – has never dealt honestly, or fairly, with them. More>>


Not Going Swimmingly: Contractor Cut, New Dates For Christchurch Sports Centre

“As an incoming Minister, I have been conducting a thorough review of progress on the Anchor projects and to learn of a $75 million budget blowout on this project was very disappointing..." More>>


Tertiary: Allowances, Loan Living Costs To Get Boost

“From 1 January, student allowance base rates and the maximum amount students can borrow for living costs will rise by a net $50 a week,” says Education Minister Chris Hipkins... further adjusted from 1 April 2018 in line with any increase in the CPI. More>>


Foreign Affairs: Patrick Gower Interviews Jacinda Ardern

Prime Minister Jacinda Ardern says discussions have already begun on how to bring climate change refugees into New Zealand under a Pacific seasonal employment plan... More>>


Gordon Campbell: On The Centre Right’s Love Of ‘Nanny State’

You’d almost think it was 2005 again. That was a time when the rugged individualists of the centre-right were being beset by government regulations on the nature of light-bulbs, the size of shower heads, the junk food available at school tuck shops and other such essentials... More>>




Featured InfoPages

Opening the Election