Te Tau Ihu Treaty settlement legislation passed
Hon Christopher Finlayson
Minister for Treaty of Waitangi Negotiations
17 April 2014
Te Tau Ihu Treaty settlement legislation passed
The House sat for extended hours this morning to pass four bills giving effect to the final deeds of settlement for historical Treaty claims in the South Island.
The Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau Claims Settlement Bill; the Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu and Te Ātiawa o Te Waka-a-Māui Claims Settlement Bill; the Ngati Toa Rangatira Claims Settlement Bill, and the Ka Mate Haka Attribution Bill were passed through their third readings.
The bills settle the historical Treaty of Waitangi claims in Te Tau Ihu (the top of the South Island) of Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau, Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, Te Ātiawa o Te Waka-a-Māui and Ngāti Toa Rangatira. The historical Treaty of Waitangi claims of Ngāti Toa Rangatira in the North Island are also settled through its legislation.
They include acknowledgements and apologies for the breaches of the Treaty of Waitangi by the Crown, as well as financial and commercial redress and cultural redress.
The Haka Ka Mate Attribution Bill acknowledges the famous Ka Mate haka as a taonga of Ngāti Toa, and provides a right for Ngāti Toa Rangatira chief Te Rauparaha to be acknowledged as the composer of Ka Mate.
“The passage of this legislation today is the end of a long journey for these iwi,” Treaty of Waitangi Negotiations Minister Christopher Finlayson said. “It will enable them to enjoy the benefits of settlement and look forward to a stronger future. These settlements will allow the iwi to build a strong base for their people, and allow them to participate fully in the economic, social and cultural life of their regions.”
“It is also a milestone for New Zealand as a country, completing the historical settlements in the South Island,” Mr Finlayson said.
“The rate at which Treaty claims are settled has increased significantly, and extended sitting hours have been used to progress non-controversial legislation since 2012,” Mr Finlayson said. “This means that iwi who have waited so long can see the benefits of their settlements in a more timely fashion. It is a credit to the parties and members across this House that they have supported this innovative approach.”
The passage of these bills brings the total number of Treaty settlement bills passed this yearalready to nine, enacting a total of 13 deeds of settlement signed between claimant groups and the Crown.
Copies of the deeds of settlement are available on the Office of Treaty Settlements’ website www.ots.govt.nz
Notes on the bills:
Ngāti Apa ki te Rā Tō, Ngāti Kuia
and Rangitāne o Wairau Claims Settlement Bill
The Bill gives effect to the undertakings by the Crown in the three Deeds of Settlement, signed with Ngāti Apa ki te Rā Tō, Ngāti Kuia and Rangitāne o Wairau. It includes and provides for a summary of the agreed historical accounts, Crown acknowledgments and apologies and the return of culturally significant sites and other Crown properties (Tarakaipa Island urupā, Aorere Scenic Reserve and Tuamatene Marae, Grovetown).
The Deeds of Settlement set out the financial and commercial redress of $28.374 million for Ngāti Apa ki te Rā Tō, $24.874 million for Ngāti Kuia and $25.374 million for Rangitāne o Wairau.
Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te
Tau Ihu and Te Ātiawa o Te Waka-a-Māui Claims Settlement
The Bill gives effect to the undertakings by the Crown in the four Deeds of Settlement, signed with Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu and Te Ātiawa o Te Waka-a-Māui. It includes a summary of the agreed historical accounts, Crown acknowledgments and apologies and the return of culturally significant sites (Wairau Pā, Anatoia Islands, Whangarae Estuary and Wainui Urupā) and the right to purchase Crown-owned properties for leaseback to Crown agencies
The Deeds of Settlement set out financial redress of $11.76 million each for Ngāti Kōata, Ngāti Rārua and Te Ātiawa o Te Waka-a- Māui, and $12.06 million for Ngāti Tama ki Te Tau Ihu.
Toa Rangatira Claims Settlement Bill
The Bill will settle all historical Treaty grievances for Ngāti Toa Rangatira. It includes a summary of the agreed historical account, the Crown acknowledgments and apology. Cultural redress includes the vesting of part of Mana Island and Kapiti Island in Ngāti Toa Rangatira which will be gifted back to the people of New Zealand. Ngāti Toa will also receive a ‘Poutiaki’ (or Guardianship) package over the Cook Strait comprising a Crown acknowledgement of Ngāti Toa’s role as kaitiaki of the coastal marine areas of the Cook Strait, Porirua Harbour, Port Underwood and Pelorus Sound.
Ngāti Toa Rangatira will receive financial redress of $70 million, including opportunities to purchase and lease back Crown properties and a right of first refusal over surplus Crown properties.
Haka Ka Mate attribution
This bill provides an acknowledgement of the significance of the famous Ka Mate haka as a taonga of Ngati Toa Rangatira; and as an integral part of the history, culture, and identity of Ngati Toa Rangatira.
It provides a right of attribution, requiring that where the haka is used in certain circumstances, for example in a commercial context or in a film for distribution, the authorship of the Ka Mate haka by Ngāti Toa Rangatira chief Te Rauparaha is acknowledged.
This requirement of attribution does not apply to public performances or educational purposes.