Ngati Whare Agreement in Principle signed
The Crown and Te Runanga o Ngati Whare Iwi Trust today signed an Agreement in Principle to settle all the outstanding historical Treaty of Waitangi claims of Ngati Whare, Minister for Treaty of Waitangi Negotiations Christopher Finlayson announced.
Ngati Whare is a central North Island iwi whose rohe is based around Te Whaiti, Minginui and the Whirinaki Forest Park. Ngati Whare has a population of 3,400 registered members.
The Agreement in Principle outlines the broad settlement package that will settle the historical Treaty of Waitangi claims of Ngati Whare through a combination of cultural and historical redress. This agreement follows Ngati Whare’s commercial interests being addressed through the Central North Island Forests Land Collective Settlement reached in 2008 between the Crown and the eight iwi groups who make up the Central North Island Collective.
The Agreement in Principle includes cultural redress recognising Ngati Whare’s special relationship with the natural resources in the area, including the provision of a high-level governance role over the Whirinaki Forest Park with the Department of Conservation and support for Ngati Whare’s goal to regenerate adjacent areas of exotic pine back to indigenous podocarp forest.
“This occasion is particularly significant as 2009 is the 25th anniversary of the establishment of the Whirinaki Forest Park,” Mr Finlayson said.
The Agreement in Principle is the start of the next phase in the negotiations process. The Crown and Ngati Whare will now work towards a detailed Deed of Settlement, which will be subject to ratification by registered members of Ngati Whare.
“This agreement is a strong signal the government is committed to accelerating the momentum of the settlement process. With negotiations throughout the central North Island either completed or well underway, this agreement takes us one step closer to the government’s goal of settling all claims by 2014,” Mr Finlayson said.
Background to the Agreement in Principle
Ngati Whare is an iwi whose area of interest is based around Te Whaiti, Minginui and the Whirinaki Forest Park. Ngati Whare has a population of between 1,500 and 3,000 members.
The historical claims of Ngati Whare include post-1865 land alienation, the impact of the Native Land Court, Crown purchasing, the effects of the Urewera District Native Reserves Act 1896, Crown corporatisation and cessation of indigenous logging.
The Waitangi Tribunal inquired into Ngati Whare’s historical Treaty claims during the Urewera District Inquiry held from 2003 to 2005. The Tribunal’s report on the Urewera District is due to be released in full in late 2009. Part 1 of the report was released in April 2009. Elements of Ngati Whare’s claims over the Whirinaki River and its tributaries were reported on by the Waitangi Tribunal in 1998 in the Te Ika Whenua Rivers Report (Wai 212).
On 7 May 2004, the Crown signed Terms of Negotiation with Ngati Whare and its neighbouring group Ngati Manawa. Initially negotiations were progressed jointly, but in July 2005 the parties agreed to separate negotiations processes.
Ngäti Whare is one of eight central North Island iwi who, on 25 June 2008, signed an on-account Deed of Settlement with the Crown to settle the forestry elements of its historical claims. Legislation for the CNI Settlement was passed in October 2008.
On 19 June 2009, the Crown and Te Runanga o Ngati Whare signed an Agreement in Principle to comprehensively settle the remaining historical claims. The parties will now develop a detailed Deed of Settlement based on this agreement. The members of Ngati Whare will have the opportunity to vote on whether or not to accept the Crown’s offer as set out in the Deed of Settlement. If ratified, the Deed will be signed, the settlement will be implemented and the redress transferred following the passage of settlement legislation.
Te Runanga o Ngati Whare, led by the Chairman James Carlson and Ngati Whare negotiators Bronco Carson, Kohiti Kohiti, Lena Brew, Pene Olsen, Robert Taylor, and Roberta Rickard, carried out negotiations on behalf of Ngati Whare. The Office of Treaty Settlements, with the support of Department of Conservation, Land Information New Zealand, the Treasury and other government agencies, represented the Crown in day-to-day negotiations. The Minister for Treaty of Waitangi Negotiations, Hon Christopher Finlayson, and his predecessor Hon Dr Michael Cullen represented the Crown in high-level negotiations with Ngati Whare.
Summary of Redress
Historical Account and Crown Apology
The Deed of Settlement will contain an agreed Historical Account that outlines the historical relationship between the Crown and Ngati Whare.
On the basis of the Historical Account, the Crown will acknowledge in the Deed of Settlement that certain actions or omissions were in breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown will then offer an apology to Ngati Whare in the Deed of Settlement for the acknowledged Crown breaches of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Historical Account, Crown Acknowledgments and Apology will be developed following the signing of an Agreement in Principle.
Cultural Redress
Cultural redress recognises the traditional, historical, cultural and spiritual associations Ngati Whare has with places and sites within its rohe or area of interest. The cultural redress package includes the following elements:
Tuwatawata and Te Whaiti-Nui-a-Toi
Exploring a symbolic vesting in Ngati Whare and re-vesting back in the Crown (or other suitable arrangement) of Tuwatawata Maunga and Te Whaiti-Nui-a-Toi Canyon;
Co-management of the Whirinaki Forest Park
Ngati Whare and the Bay of Plenty Conservation Board will have a governance role over the Whirinaki Forest Park through joint approval of a conservation management plan. The Whirinaki Forest Park will remain in Crown ownership, with the Department of Conservation continuing to manage it on a day-to-day basis;
“Project Whirinaki”
The Crown will vest in Ngati Whare up to 640 hectares from the Crown’s 10% share of the CNI Forests Land. This land will be subject to a conservation covenant for regeneration purposes. Ngati Whare will gift the land to a joint Crown/Ngati Whare Trust established to manage a regeneration project developed by Ngati Whare called “Project Whirinaki”, and the Crown will contribute up to $1 million to the Trust to help with the regeneration project;
Cultural redress Properties
The return of Crown-owned sites of special cultural significance to Ngti Whare including:
the vesting, in fee simple, of: Te Pukemohoao Kainga, Pareanui, Waimurupkh, Tauranga-o-Reti and Te Teko;
the joint vesting, in fee simple, of Te Tapiri P, Okarea Pa and Te Rake Pa in Ngati Whare and Ngati Manawa subject to discussion with Ngati Manawa; and
an offer to explore the vesting of, if appropriate: Te Takanga-a-Wharepakau; Mangamate Site (including Mangamate Kainga); and Wekanui;
LINZ wahi tapu sites
The provision to return through the Deed of Settlement, or in a parallel process, five wahi tapu sites currently owned by the Land Information New Zealand: Matuatahi Pa, Otutakahiao, Wekanui Kainga, Otahi Kainga and Hinamoki Pa;
Te Whaiti Court House
$200,000 to contribute towards the restoration of Te Whaiti Court House and a ministerial letter to the Historic Places Trust encouraging it to establish an ongoing relationship with Ngati Whare;
Statutory Acknowledgements
A Statutory Acknowledgement registers the association between Ngati Whare and a site or area and enhances Ngati Whare’s ability to participate in specified Resource Management Act processes. There are two acknowledgements in the Agreement relating to the whole of Whirinaki Forest Park and specified and discrete areas of Te Urewera National Park on the eastern boundary of the Area of Interest;
Deeds of Recognition
These oblige the Crown to consult with Ngati Whare and have regard to their views regarding their special associations with certain areas. A Deed of Recognition will be made between Ngati Whare and the Crown in relation to specified and discrete areas of Te Urewera National Park on the eastern boundary of the Area of Interest;
River-related redress
A statutory acknowledgment will be made in relation to the Whirinaki River and its tributaries.
The Crown has made a commitment in the Ngati Manawa Agreement in Principle to work with Ngati Manawa to “achieve a solution in relation to the Rangitaiki River comparable to those agreed in relation to the Waikato River and its catchments, subject to the willing participation of iwi, relevant central government agencies, local government agencies, and any other relevant groups with interests in the Rangitaiki River.” In the event that the Crown offers such redress to Ngati Manawa, the Crown offers to provide an equivalent role for Ngti Whare in any river management arrangements for the Rangitaiki or Whirinaki Rivers developed through the Ngati Manawa settlement;
Place names
The Crown and Ngati Whare will discuss, for inclusion in the Deed of Settlement, changing the place names Te Taupiri to Te Tapiri and Arahaki Lagoon to Arohaki Lagoon, in consultation with the New Zealand Geographic Board Nga Pou Taunaha o Aotearoa;
Relationships with Crown agencies
The Deed of Settlement will provide for accords/protocols setting out the way in which specific government agencies will interact with Ngati Whare in the future. An accord/protocol will be issued with the Minister of Conservation, a multi-agency accord (or individual protocols) will be issued with the Minister of Fisheries and the Minister for Arts, Culture and Heritage.
Furthermore, the Deed of Settlement will provide for a relationship agreement with the Ministry for the Environment and a ministerial letter to the Minister of Maori Affairs encouraging him and Te Puni Kokiri to continue working with Ngati Whare on specific projects in respect of Minginui Forest Village.
Promotion of relationship with Local Authorities
The Minister for Treaty of Waitangi Negotiations will write to regional and local authorities encouraging them to enhance their relationship with Ngati Whare; and
Letters of Introduction
The Minister for Treaty of Waitangi Negotiations will write letters of introduction to non-Crown entities encouraging them to establish an ongoing relationship with Ngati Whare.
Financial and Commercial Redress
Ngati Whare is a party to the Central North Island Forests Land Collective Deed of Settlement with the Crown and the eight iwi groups who make up the Central North Island Iwi Collective. The Central North Island settlement provides for Ngati Whare to receive a share of the accumulated Crown forest licence rentals associated with the Licensed Crown forest lands and future rental income from that land.
Next steps
The Agreement in Principle is subject to the Crown confirming that those groups who also claim overlapping interests (in relation to the settlement redress outlined above) have been addressed to its satisfaction.
Ngati Whare and the Crown will now draft a detailed Deed of Settlement, which will be subject to ratification by the Ngati Whare claimant community. All eligible registered members of Ngati Whare will have the opportunity to vote on whether to accept the Crown’s offer as set out in the Deed of Settlement.
If the Ngati Whare claimant community ratifies the Deed of Settlement, the Deed will be signed by the Crown and the Te Runanga o Ngati Whare, and the settlement will be implemented through legislation. The settlement will be for the benefit of all members of Ngati Whare.
Questions and Answers
1. What is the total cost to the Crown?
Ngati Whare is a party to the Central North Island Forests Land Collective Settlement reached in 2008 with the Crown and the eight iwi groups who make up the Central North Island Collective.
The value of the Crown land to be transferred to the Collective is $196 million. In addition, the Collective will receive the rentals that have accumulated on the land since 1989, which are worth approximately $223 million, and its share of the annual income stream of about $15 million.
The Crown retains responsibility for 10% of the CNI Forest Lands of the CNI Settlement and associated accumulated rentals. This proportion will be available for meeting other historical claims to the CNI forest land.
2. Is there any private land involved?
No. No private properties are included in the settlement, including those with section 27B memorials under the State-Owned Enterprise Act. Once this and any other settlements in the region are completed, the memorials will be removed from all titles.
3. Are the public’s rights affected?
Generally, no. However, one site totalling approximately five hectares will be returned to Ngati Whare without provision for continued public access. The Crown and Ngati Whare will discuss ongoing public access for all other vested sites following signing the Agreement in Principle. Public access to the Whirinaki Forest Park will be unaffected.
4. What are Statutory Acknowledgments and Deeds of Recognition?
Statutory Acknowledgements acknowledge areas or sites with which claimant groups have a special relationship and will be recognised in any proceedings under the Resource Management Act. This provision aims to avoid past problems with land development for roading and other purposes when areas of significance to Maori, such as burial grounds, were simply cleared or excavated without either permission or consultation. It is not a property right. Neither is it exclusive.
Deeds of Recognition set out an agreement between the administering Crown body (the Minister of Conservation) and a claimant group in recognition of their special association with a site as stated in a Statutory Acknowledgement and specify the nature of their input into the management of the site.
5. Are any place names changed?
Two place names will be altered, subject to ongoing consultation with overlapping groups, which will conclude prior to the Deed of Settlement being signed.
6. Are any National Parks affected by the Settlement?
The Agreement in Principle includes an offer to explore statutory Acknowledgements and/or Deeds of Recognition over specified and discrete areas of Te Urewera National Park on the eastern boundary of the Area of Interest, such as by recognition of the following maunga – Paewhakataratara, Otairi, Mpouriki and Maungataniwha – and associated pa and wahi tapu.
This redress is however non-exclusive and does not limit other iwi from receiving similar redress and does not affect public access to Te Urewera National Park.
7. What happens to memorials on private titles?
Settlement legislation, once passed, will remove the ability of Ngati Whare to seek the resumption of properties with s27B memorials on the titles. The memorials will be removed when all other groups with interests in the area have settled their claims.
8. Does the settlement create any special rights for Ngati Whare?
The settlement enables Ngti Whare to have a high-level governance role within the Whirinaki Forest Park whilst maintaining Crown ownership. This recognises the significance of the Forest Park to both Ngti Whare and the country.
The conservation management plan will set detailed objectives for the management of the Forest Park. It would be developed by the Department of Conservation, in consultation with Ngati Whare, the Bay of Plenty Conservation Board and other iwi who have interests in the Forest Park. Ngati Whare and the Bay of Plenty Conservation Board will have joint approval of the conservation management plan.
9. 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 2010.
10. Does Ngati Whare 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 Ngati Whare. The settlement legislation, once passed, will prevent Ngati Whare from re-litigating the claim before the Tribunal or the courts.
The settlement package will still allow Ngati Whare 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.
11. Who benefits from the settlement?
All members of Ngati Whare, wherever they may now live.