Next step in first combined negotiations deal
Tuesday 30 September 2008 Media Statement
Next step in first combined negotiations deal completed with Ngāti Pahauwera
Attorney-General and Treaty Negotiations Minister Michael Cullen has welcomed the signing of a unique Agreement in Principle between the Crown and Ngāti Pahauwera earlier today.
The Ngāti Pahauwera Agreement in Principle is the first ever Agreement in Principle to deal with both historical Treaty claims and foreshore and seabed recognition.
Ngāti Pahauwera is a confederation of hapū centred on the Mōhaka River in the northern Hawkes Bay.
Dr Cullen and Minister of Māori Affairs Parekura Horomia signed the Agreement in Principle on behalf of the Crown with Trustees of the newly established Ngāti Pahauwera governance entity in Wellington this afternoon.
“This Agreement in Principle sets out the framework for a comprehensive settlement that the Crown and Ngāti Pahauwera can be proud of. Furthermore these negotiations have enabled the Crown and Ngāti Pahauwera to enhance the relationship formalised when the Terms of Negotiation were signed in May,” said Dr Cullen.
The Crown and Ngāti Pahauwera are now looking forward to the next milestone, which is agreeing and ratifying a Deed of Settlement.
Summary of the Agreement in Principle between the Crown and the Trustees of the Ngāti Pahauwera Development Trust for the settlement of Ngāti Pahauwera historical Treaty claims and the recognition of foreshore and seabed customary interests
The Crown, Ngāti Pahauwera signed an Agreement in Principle on 30 September 2008.
Background to the Agreement in Principle
Ngāti Pahauwera is a confederation of hapū centred on the Mōhaka River in the northern Hawke’s Bay. According to the 2006 census data, the Ngāti Pahauwera confederation has a population of 1,764.
In April 2008, Ministers met with representatives of Ngāti Pahauwera to discuss resolving and recognising their historical Treaty of Waitangi claims and foreshore and seabed interests in a holistic way. For further detail about Ngāti Pahauwera historical Treaty claims, please see the Waitangi Tribunal’s Mōhaka ki Ahuriri (2004) and Mōhaka River (1992) reports.
Terms of Negotiation were signed between the Crown and Ngāti Pahauwera, on Thursday 8 May 2008.
Since the Terms of Negotiation were signed, Ngāti Pahauwera has established a governance entity structure to take over responsibility from the section 30 representatives for negotiation of a final settlement of Ngāti Pahauwera claims, and to hold the benefits of a settlement for these claims. The governance entity structure comprises two Trusts, the Ngāti Pahauwera Development Trust (which is the commercial and operational arm) and the Ngāti Pahauwera Tiaki Trust (which will hold Wāhi Tapu). The same seven trustees sit on both trusts.
Summary of the Redress
Historical Account and Crown Apology
An historical account, which will describe the historical interaction between the Crown and Ngāti Pahauwera that led to breaches of Te Tiriti o Waitangi/ the Treaty of Waitangi and its principles will be developed between now and the signing of the Deed of Settlement.
On the basis of this historical account, the Crown will acknowledge that certain of its actions or omissions were a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown will then offer an apology to Ngāti Pahauwera in the Deed of Settlement for the acknowledged Crown breaches of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
The cultural redress package, which recognises the traditional, historical, cultural and spiritual associations Ngāti Pahauwera has with places and sites within their rohe or Area of Interest, includes:
Historical Treaty claims redress over the Mōhaka, Waihua and Waikari Rivers (within the core Area of Interest) comprising the development of a co-management regime in consultation with the Hawke’s Bay Regional Council, other affected local authorities and other management agencies as required, that relates to the management of the natural resources of the rivers including natural resource policy and planning. The details of the co-management regime have yet to be agreed but will include the establishment of a statutory body and the development of a Ngāti Pahauwera Rivers Management Plan:
notification requirement over all applications for resource
consent affecting the rivers;
c An undertaking to investigate, in consultation with the Hawke’s Bay Regional Council, whether the policy and planning instruments of the Regional Council can appropriately address Ngāti Pahauwera use of river resources;
e An undertaking to further discuss issues relating to ownership of gravel and hāngi stones on the rivers;
g An undertaking to investigate options for delegating or transferring Resource Management Act functions relating to the rivers to Ngāti Pahauwera in consultation with the affected local authorities and subject to their agreement; and
i An undertaking to investigate options for exercising Resource Management Act functions in respect of land-based activities that affect the rivers, subject to the agreement of local authorities.
TE HERU O TUREIA AND LIMESTONE RIDGE
The Deed of Settlement and Settlement Legislation will provide for the Minister of Conservation, within 2 years of the settlement date, to transfer the whole of Te Heru o Tureia and Limestone Ridge Conservation Areas (1566ha) to the Trustees on the condition that the Trustees gift those lands (except the 203ha to be transferred in fee simple in the Trustees) back to the Crown after 7 business days.
The 203ha that the Crown will transfer in fee simple to the Trustees will include the summits of Heruotureia and Patuwahine, the ridgeline connecting Heruotureia and Patuwahine, and land adjacent to the Mōhaka River. Encumbrances over this land include: a conservation covenant for public access; a telecommunications concession; and retention of scenic reserve status.
CO-MANAGEMENT REGIME OVER TE HERU O TUREIA AND LIMESTONE RIDGE
The Crown and Ngāti Pahauwera have agreed to develop co-management regimes for inclusion in the Deed of Settlement and Settlement Legislation in relation to the gifted back Te Heru o Tureia and Limestone Ridge lands, the transferred Ngāti Pahauwera-owned portions of Te Heru o Tureia and Limestone Ridge, and the remaining public conservation land within the Area of Interest.
STATUTORY OVERLAY CLASSIFICATION FOR TE HERU O TUREIA AND LIMESTONE RIDGE
This is an additional classification for Te Heru o Tureia and Limestone Ridge that acknowledges the traditional, cultural, spiritual and historic values and associations of Ngāti Pahauwera with these sites. A statutory overlay requires the Minister of Conservation and Ngāti Pahauwera to develop and publicise a set of principles, which will assist the Minister to ensure Ngati Pahauwera’s values in relation to the sites, are not harmed or diminished.
The NZ Conservation Authority and the East Coast/Hawkes Bay Conservation Board will also be required to have regard to the principles and consult with Ngāti Pahauwera. It is the same concept as a Topuni in the Ngai Tahu settlement and a Kirihipi overlay in the Te Uri o Hau settlement.
FEE SIMPLE TRANSFER OF CONSERVATION LAND
The return of Crown-owned sites of special cultural significance to Ngāti Pahauwera including:
Mangawharangi Scenic Reserve (1.9ha);
c Mōhaka River Scenic Reseve (16ha);
e Lake Rotongaio and Lake Rotoroa Conservation Areas (21ha);
g Pittars Conservation Area (17ha);
i Maulders Conservation Area (1ha);
k Mōhaka River Conservation Area (0.5ha);
m Rāwhiti Scenic Reserve (9ha);
o Kākāriki Scenic Reserve (1.5); and
q Raupunga Scenic Reserve (10ha).
The transfer of these sites is subject to specific conditions and encumbrances.
The Agreement in Principle also includes an undertaking to further discuss transfer of a 1 hectare portion of Pūtere Scenic Reserve.
A Statutory Acknowledgement registers the association between Ngāti Pahauwera and a site or area, and enhances Ngāti Pahauwera ability to participate in specified Resource Management Act processes. The one Statutory Acknowledgement in the Agreement in Principle relates to Cashes Bush Conservation Area.
AUDIT OF PUBLIC CONSERVATION LAND
The Department of Conservation, after the signing of the Agreement in Principle, will undertake an audit of remaining public conservation land within the core Area of Interest to explore if any additional sites subject to grazing concessions may be appropriate to transfer to Ngāti Pahauwera.
CULTURAL HARVEST PLAN
To address Ngāti Pahauwera interests in rongoā, the Crown offers the ability for Ngāti Pahauwera to develop and approve, in consultation with the Department of Conservation, a Cultural Harvest Plan in relation to Rāwhiti Scenic Reserve. The Plan will identify sites, methods and quantities of harvest of indigenous flora. Take will only be approved in line with Plan.
The Deed of Settlement and Settlement Legislation will provide for the Minister of Conservation, Minister for Arts, Culture and Heritage, and Minister of Energy (Crown Minerals) to issue protocols with Ngāti Pahauwera.
The Minister of Fisheries will write to the Trustees outlining how the Ministry of Fisheries will work with hapū and iwi in the region to develop fisheries management processes and enable hapū and iwi to participate in certain activities.
PROMOTION OF RELATIONSHIPS WITH LOCAL AUTHORITIES
Prior to the Deed of Settlement, the Minister in Charge of Treaty of Waitangi Negotiations will write to the Hawke’s Bay Regional Council, the Wairoa District Council and the Hastings District Council, encouraging them to enter into a Memorandum of Understanding (or similar document) with the Trustees in relation to the interaction between the Council and Ngāti Pahauwera.
LETTERS OF INTRODUCTION TO GOVERNMENT AGENCIES
The Minister in Charge of Treaty of Waitangi Negotiations will write letters of introduction to Ministers responsible for specific government agencies working within Ngāti Pahauwera Area of Interest.
The Crown and Ngāti Pahauwera will discuss the possibility of assigning Maori place names to places of particular significance to Ngāti Pahauwera, and assigning dual Maori and English names where appropriate, in consultation with the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa.
PROMOTION OF RELATIONSHIPS WITH MUSEUMS
The Minister in Charge of Treaty of Waitangi Negotiations will write to an agreed list of museums encouraging them to enhance their relationship with the Trustees, particularly in relation to Ngāti Pahauwera taonga.
MONITORING THE PROVISIONS OF THE RESOURCE MANAGEMENT ACT 1991
Ngāti Pahauwera will be given the opportunity to express to the Ministry for the Environment their views on how the Treaty of Waitangi provisions, and other relevant provisions of the Resource Management Act 1991, are being implemented in the Area of Interest. The Crown will also monitor the performance of the relevant local authorities in implementing these provisions.
POUWHENUA AND TUAHU
The parties agree to explore the possibility of the Trustees erecting pouwhenua and tuahu in their Area of Interest.
Financial and Commercial Redress
The parties have agreed to a quantum of $20 million.
COMMERCIAL PROPERTIES TRANSFERRED FOR NIL CONSIDERATION
The following commercial properties will be transferred for nil consideration:
Station Farm, Raupunga;
c Vacant Section, 3505 State Highway 2, Raupunga;
e Residential Section, SH 2, Raupunga;
g Bare section, SH 2, Raupunga; and
i 3 bdrm dwelling, SH2, Waihua.
MŌHAKA CROWN FOREST LICENSED LAND
The Deed of Settlement and the Settlement Legislation will provide Ngāti Pahauwera with the opportunity to purchase, at market value, licensed Crown forest land (the Mōhaka Forest). The forest land would be selected from within a total land area of approximately 15,500 hectares. Ngāti Pahauwera will also receive the accumulated Crown Forest Licence rentals associated with any licensed Crown forest land purchased. Applicable New Zealand Units under the Climate Change (Emissions Trading and Renewable Preference) Act 2008 will be allocated to Ngāti Pahauwera for nil consideration for forest land purchased.
Transfer of the Mōhaka Forest blocks is subject to specific conditions and encumbrances.
UNALLOCATED CROWN LAND
The parties have reserved the ability to negotiate in regard to any unallocated Crown lands identified prior to the Deed of Settlement.
RIGHT OF FIRST REFUSAL
The Deed of Settlement will provide the Trustees with a right of first refusal over property within the Area of Interest that has been declared surplus by the relevant government department, and has been cleared of existing statutory processes.
Foreshore and Seabed Recognition
PROTECTED CUSTOMARY ACTIVITIES INSTRUMENT
The parties have agreed to develop a Protected Customary Activities instrument for inclusion in the Deed of Settlement.
The purpose of a Protected Customary Activities instrument is to recognise the ongoing and enduring mana of Ngāti Pahauwera by ensuring that Ngāti Pahauwera members are able to continue their ongoing customary activities in the exclusive coastal marine area.
The instrument provides Ngāti Pahauwera with legal protection so as to carry out customary activities without the need for resource consent and with the ability to restrict others use of the resources. Ngāti Pahauwera will also have the ability to derive a commercial benefit from the exercise of the protected customary activities.
The Protected Customary Activities instrument is made up of two parts, a framework and a schedule. The framework provides for the legal expression, protection and recognition of Ngāti Pahauwera mana over their customary activities. The framework will be the same as that provided in previous Foreshore and Seabed Agreements.
The Protected Customary Activities schedule sets out the activities, uses and practices that will be protected, and the degree to which scale, extent and frequency will be provided for in the instrument. Following the signing of this Agreement in Principle, the schedule will be drafted and agreed between the Crown and the Trustees, for inclusion in the Deed of Settlement.
WĀHI TAPU INSTRUMENT
The parties have agreed to explore whether there are Wāhi Tapu within the Ngāti Pahauwera public foreshore and seabed area requiring protection through a Wāhi Tapu instrument. If Wāhi Tapu are identified, the parties will develop a framework for the instrument that will be the same as provided in previous Foreshore and Seabed Agreements.
TERRITORIAL CUSTOMARY RIGHTS
The parties agree to explore whether Territorial Customary Rights areas may be agreed under section 96 of the Foreshore and Seabed Act 2004.
The Agreement in Principle is subject to the Crown confirming that those groups who also claim overlapping interests have been addressed to the satisfaction of the Crown.
The Crown and Ngāti Pahauwera will now draft a detailed Deed of Settlement, which will be subject to ratification by the Ngāti Pahauwera claimant community. All eligible registered members of Ngāti Pahauwera will have the opportunity to vote on whether to accept the Crown’s offer as set out in the Deed of Settlement.
If the Ngāti Pahauwera claimant community ratifies the Deed of Settlement, the Deed will be signed by the Crown and the Trustees of the Ngāti Pahauwera Development Trust, and the settlement will be implemented through legislation. The settlement will be for the benefit of all members of Ngāti Pahauwera.