Agreement in Principle with Ngati Kahu
17 September 2008 Media Statement
Agreement in Principle with Ngati Kahu
Te Runanga-ä-iwi Ngäti Kahu, today signed an Agreement in Principle with the Crown, Treaty Negotiations Minister Dr Michael Cullen said.
The Agreement in Principle outlines the broad settlement package that the parties have agreed will settle Ngati Kähu’s historical Treaty of Waitangi claims. In signing the agreement, Dr Cullen acknowledged the difficult history between Ngati Kahu and the Crown.
“This is a history of large-scale loss of Ngāti Kahu land, much of it within twenty-five years of their ancestors and the Crown signing the Treaty of Waitangi,” Dr Cullen said.
“With this Agreement in Principle we acknowledge that history and start the work to repair our relationship.”
It includes financial and commercial redress of $14 million (including the opportunity to purchase Rangiputa Station), a social revitalisation package worth $7.5 million and cultural redress including a Statutory Board consisting of Ngäti Kahu and Crown representatives over conservation lands. It also includes the transfer of 17 sites of high cultural and historical significance to Ngäti Kahu.
The Minister extended his congratulations to the mandated body Te Rünanga-ä-Iwi o Ngäti Kahu and its negotiators on achieving the important milestone, saying it further demonstrated their hard work and determination for progressing Ngäti Kahu claims toward settlement.
Ngäti Kahu is located around Kaitāia, Taipā and Mangonui, and has between 8,300 and 14,000 members.
The Crown has
supported the initiation of a regional forum, Te Hiku O Te
Ika Iwi Forum, for iwi to deal with their shared interests
in Te Hiku o Te Ika. The
Crown will now begin a process of consultation with third parties and overlapping claimants on the Agreement.
The Crown and Ngāti Kahu will work towards a detailed Deed of Settlement, which will be subject to ratification by all members of Ngāti Kahu.
Background to the Agreement in Principle
Ngati Kahu are an iwi of between 8,300 and 14 000 people, whose area of interest lies broadly between the Maungataniwha range and the Rangaunu and Mangonui harbours.
The Ngati Kahu historical grievances relate to the Crown’s handling of pre-Treaty land transactions, nineteenth century land purchases by the Crown, the operation and impact of the native land laws, twentieth century land administration issues and the economic, social and cultural prejudice that resulted.
The Waitangi Tribunal heard and reported on and upheld Ngati Kahu’s pre- 1865 claims in its Muriwhenua Inquiry. The Tribunal released its Muriwhenua Land Report in 1997.
In June 2002, the Crown recognised the mandate of Te
Rūnanga-ā-Iwi o Ngāti Kahu to negotiate on behalf of
Ngāti Kahu the settlement of their Historical Treaty
Claims. The Crown and Ngāti Kahu entered into Terms of
Negotiation in May 2003.
The Deed of Settlement will include an historical account, Crown acknowledgements of breaches of the Treaty of Waitangi and its principles, and a Crown apology.
A cultural redress package which recognises Ngāti Kahu’s mana whenua and the traditional, historical, cultural and spiritual associations Ngāti Kahu has with places and sites within their rohe or area of interest. The cultural redress package includes:
a) Statutory Board
A Statutory board will be created in Settlement legislation over public conservation lands within Ngāti Kahu’s exclusive area of interest. This will provide substantive recognition of Ngāti Kahu’s manawhenua association with public conservation lands in its exclusive area of interest. A key purpose of the board will be to develop, sign-off and monitor operational and long term plans for the management of conservation lands.
The board will consist of equal number of Crown and iwi representatives. The board be chaired by a Ngāti Kahu representative and operate on a consensus decision making basis in accordance with Ngāti Kahu tikanga.
The Crown has also agreed to investigate a similar Statutory Board over Maungataniwha Forest, Mangamuka Gorge Scenic Reserve and Raetea Forest areas. The Board would include representatives of the Crown and those iwi [or hapū] that have interests in the area, namely Ngāti Kahu (Te Paatu), Te Rarawa and Ngapuhi.
b) fee simple vesting
Maitai Pā and Maitai Bay dune area
Part Puwheke Recreation Reserve
Part Mangonui Domain Recreation Reserve
Part Mangonui Conservation Area
Part Mangatete Conservation Area
Maungataniwha Peak (jointly vested)
wahi tapu and archaeological areas within Rangiputa Station
c) fee simple vesting subject to covenants (110.16 hectares):
Maitai Bay Farm Paddock
Maitai Bay Inland Pa
Part Otangaroa Conservation Area
d) vesting subject to reserve status (675 hectares)
Rangikapiti Pa Historic Reserve
Taumarumaru Recreation Reserve
Part Puwheke Recreation Reserve
Karikari Conservation Area
Lake Waiporohita Scenic Reserve
Part Mangonui Conservation Area (to become part of Rangikapiti Pa Historic Reserve)
Paranui Scenic Reserve
Part Maitai Bay Recreation Reserve
Financial and Commercial Redress
The financial and commercial redress package is made up of:
a) A financial quantum of $14 million;
b) The opportunity to purchase Rangiputa Station, subject to a fifty-year “no-sale” covenant.
c) Sale and leaseback arrangements or right of first refusal over seven schools in Ngāti Kahu’s exclusive area of interest.
d) The opportunity to purchase 21A Parkdale Crescent, Kaitaia and several other properties.
e) If shared or overlapping
interests are resolved the Crown may also offer Ngāti Kahu
the opportunity to purchase other Crown assets which are in
their area of interest including Aupouri and Otangaroa
Forests and Kohumaru Station.
The Crown offers to ensure that $7.5 million be made available to Ngāti Kahu, to assist with social revitalisation in the areas of marae redevelopment and housing support.
The Agreement in Principle is subject to the Crown confirming that those groups who also claim shared interests (in relation to the settlement redress outlined above) have been addressed to the satisfaction of the Crown.
Ngāti Kahu and the Crown will now draft a detailed Deed of Settlement, which will be subject to ratification by the Ngāti Kahu claimant community. All eligible registered members of Ngati Kahu will have the opportunity to vote on whether to accept the Crown’s offer as set out in the Deed of Settlement. Ngāti Kahu will also develop governance arrangements for holding and managing the settlement redress, which members will also have the opportunity to ratify.
If the Ngāti Kahu
claimant community ratifies the Deed of Settlement and the
governance arrangements, the Deed will be signed by the
Crown and Te Rūnanga-ā-Iwi o Ngāti Kahu, and the
settlement will be implemented through legislation. The
settlement will be for the benefit of all members of Ngati
Questions and Answers
1. What is the total cost to the Crown?
$14 million plus interest from the date of the signing of the Agreement in Principle, the value of the cultural redress properties to be returned, covenants, and $7.5 million social revitalisation.
2. Is there any private land involved?
No. No private properties are included in the settlement.
3. Are the public’s rights affected?
The Deed of Settlement and settlement legislation will protect public access to most sites transferring to Ngati Kahu. Some areas, however, will be closed to the public in order to protect sites of key cultural and historical significance. Public access will not be retained to those parts of the Mangonui Domain Recreation Reserve and Mangonui Conservation Area and Mangatete Conservation Area that are transferring fee simple to Ngati Kahu
4. Are any place names changed?
The Crown and Ngati Kahu in consultation with the New Zealand Geographic Board Ngä Pau Taunaha o Aotearoa, will explore possible place name changes or alteration before signing a Deed of Settlement.
5.Are any National Parks affected by the Settlement?
6. What happens to memorials on private titles?
The legislative restrictions (memorials) placed on the title of Crown properties and some former Crown properties now in private ownership, will be removed once all Treaty claims in the area have been settled
7. When will the settlement take effect?
A Deed of Settlement based on this agreement will be drafted in the course of the next year. If ratified, and settlement legislation is passed to implement it, the Deed of Settlement will become unconditional and the terms of the settlement will take effect. This could occur in 2009.
8. Does Ngāti Kahu have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?
No. If a Deed of Settlement is ratified and passed into law, both parties agree it will be a final and comprehensive settlement of all the historical (relating to events before 21 September 1992) Treaty of Waitangi claims of Ngāti Kahu. The settlement legislation, once passed, will prevent Ngāti Kahu from re-litigating the claim before the Tribunal or the courts.
The settlement package will still allow Te Rūnanga-ā-Iwi o Ngāti Kahu or members of Ngāti Kahu to pursue claims against the Crown for acts or omissions after 21 September 1992, 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.
9. Who benefits from the settlement?
All members of Ngāti Kahu, wherever they may now live.