Minister for Treaty of Waitangi Negotiations Christopher Finlayson welcomed the enactment of the Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill in Parliament today.

Representatives of Taranaki Whanui ki Te Upoko o Te Ika were in Parliament to witness the passage of the legislation, and also attended a ceremony held in the Beehive immediately afterwards for the Crown's formal apology to Taranaki Whanui ki Te Upoko o Te Ika.

The Act is the final stage in the settlement of Taranaki Whanui ki Te Upoko o Te Ika's historical Treaty of Waitangi claims.

The claims of Taranaki Whanui ki Te Upoko o Te Ika related to breaches by the Crown of its obligations under the Treaty of Waitangi, particularly the Crown's dealings over, and acquisition of, the Port Nicholson Block, and its long delays in ensuring there was appropriate administration of the lands reserved for Taranaki Whanui ki Te Upoko o Te Ika.

The settlement provides for commercial and cultural redress, a financial package of around $25 million, and the vesting of various culturally significant sites around the Port Nicholson area. It also provides for a formal apology from the Crown, and for a formal statement of forgiveness to the Crown. This allows the closure of historical grievances and the beginning of a new relationship between the two parties.

"The enactment of this bill shows the government's continued commitment towards its goal of settling historical Treaty claims by 2014," said Mr Finlayson. "It is another example of a Treaty settlement that is good for iwi and good for New Zealand."

Click for: Summary of settlement

Questions and answers

1. Have iwi provided a statement of forgiveness before?

No. This is an unprecedented step for an iwi to take. It marks the desire on the part of the Port Nicholson Block Settlement Trust to ensure there is closure between the Crown and Taranaki Whanui ki Te Upoko o Te Ika on their historical grievances. It marks the beginning of a new relationship.

2. What is the total cost to the Crown?

$25.025 million plus interest from the date of the signing of the Agreement in Principle, and the cost of the cultural redress properties to be returned, as listed in the Deed of Settlement.

There has also been a contribution of $4,895,000 to the costs incurred by Taranaki Whanui ki Te Upoko o Te Ika in settling their claims and to assist with costs incurred in the Tribunal process. This has not been offset against their quantum. 

3. Is there any private land involved?

No. The Greater Wellington Regional Council, Wellington City Council, Hutt City Council, Upper Hutt City Council and Meridan Energy have agreed to transfer sites as part of the settlement. The land formerly owned by local authorities is subject to a range of reserve classifications.

4. Are the public's rights affected?

No. Where public access and use of the properties that have been transferred to Taranaki Whanui ki Te Upoko o Te Ika as cultural redress exists, that use and access will continue. For example, public access and use of Matiu/Somes Island will continue in the future as it exists now.

Where leases or licenses to occupy exist, the leaseholders or licensees will retain exactly the same set of rights. 

5. 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. Nor 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.

6.What happens to memorials on private titles?

Settlement legislation, once passed, will remove the ability of Taranaki Whanui ki Te Upoko o Te Ika 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 Wellington area have settled their claims.

7. Will the settlement settle all the historical claims of all the iwi in the collective?

The Deed of Settlement will settle all the historical claims of the Taranaki Whanui ki Te Upoko o Te Ika collective in the Port Nicholson Block. The collective includes the following iwi: Te Atiawa, Ngati Tama, Ngāti Ruanui, Taranaki and some Taranaki iwi.

The Deed of Settlement also provides that should two conditions be met (another Ngati Tama group achieve a Crown recognised mandate and negotiate a settlement with the Crown), those Ngati Tama who have historical claims in the Port Nicholson Block will be able to choose whether their claims are settled by the settlement negotiated by the Port Nicholson Block Settlement Trust or whether they are settled by the second Ngati Tama group. They will only receive the one settlement.

8. Has any other Ngati Tama group achieved this?

To date no Ngati Tama group has achieved the two conditions set out in the Deed of Settlement. A group has held mandate hui, but the results of that hui have yet to be assessed.

9. Why was this provision included in the Deed of Settlement?

There were long standing differences between the Ngati Tama groups that could not be reconciled. The Port Nicholson Block Settlement Trust agreed to the inclusion of Clause 8.2.3.

10. Does Taranaki Whanui ki Te Upoko o Te Ika have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

Both parties agree that the Deed of Settlement is fair in the circumstances and will be a final settlement for all the historical or pre-1992 claims of Taranaki Whanui ki Te Upoko o Te Ika. The settlement legislation, once passed, will prevent Taranaki Whanui ki Te Upoko o Te Ika from re-litigating the claims before the Tribunal or the courts.

The settlement package will still allow Taranaki Whanui ki Te Upoko o Te Ika or members of Taranaki Whanui ki Te Upoko o Te Ika 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 Taranaki Whanui ki Te Upoko o Te Ika, wherever they may now live.