Treaty settlement legislation progressed

The House sat extended hours this morning to pass the Te Tau Ihu Claims Settlement Bill through its first reading and the Waitaha and Ngāti Whātua o Kaipara claims settlement bills through their third readings.

The Te Tau Ihu Claims Settlement Bill is an omnibus bill to enact eight settlements, which will complete historical Treaty settlements in the South Island.

It will settle the historical Treaty of Waitangi claims 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.

It is intended that the settlement redress provided for the groups in the bill will be separated out into four stand-alone bills at the Committee of the Whole House stage (see below).

The bill was passed unanimously, and has been referred to the Māori Affairs select committee.

The House also passed the third readings of the Ngāti Whātua o Kaipara Claims Settlement Bill and the Waitaha Claims Settlement Bill.

“The introduction of extended sitting hours in 2012 has allowed deeds of settlement to be enacted more quickly, with consequent benefits for settling groups,” Treaty of waitangi negotiations Minister Christopher Finlayson said. “It is a credit to the parties across this House that they have supported this innovative approach for the benefit of settling iwi.” 

Notes on bills:

Te Tau Ihu Settlement Bill

The Te Tau Ihu Settlement Bill will settle the historical Treaty of Waitangi claims of Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau, Ngāti Tama ki Te Tau Ihu, Ngāti Rārua, Te Ātiawa o Te Waka-a-Māui, Ngāti Kōata and Ngāti Toa Rangatira. The intention is for the Omnibus Bill to split into four stand alone Bills at the Committee of the Whole House Stage to be enacted into four Acts of Parliament.

The Ngāti Apa ki te Rā Tō, Ngāti Kuia and Rangitāne o Wairau Settlement Claims component-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.

The Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu and Te Ātiawa o Te Waka-a-Māui Claims Settlement component-bill

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.

The Ngāti Toa Rangatira Claims Settlement component-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.

Ngati 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.

The Haka Ka Mate attribution component-bill

The Haka Ka Mate attribution bill provides Ngāti Toa Rangatira with a right of attribution for the Ka Mate haka. The legislation acknowledges haka Ka Mata as a taonga to Ngāti Toa and requires the composer of the haka, Ngāti Toa Rangatira chief Te Rauparaha, to be attributed in certain circumstances.

Ngati Whatua o Kaipara Claims Settlement Bill

The bill gives effect to the deed of settlement with Ngāti Whātua o Kaipara. It includes and provides for a summary of the agreed historical accounts, Crown acknowledgments and apologies. Ngati Whatua o Kaipara is the name chosen by the hapu and whanau of the five marae of south Kaipara.

Ngati Whatua o Kaipara has a long history of support for and commitment to the Crown. This dates back to 1840, when Ngati Whatua o Kaipara signed the Treaty of Waitangi at Manukau. Despite this early engagement, the Crown’s actions around land sales fell short of the promises made to Ngati Whatua. This resulted in Ngati Whatua o Kaipara being rendered virtually landless by the 1940s.

The settlement includes commercial redress of $22.1 million, and the right to purchase Woodhill Forest, and buy and lease back six education properties.

The settlement includes cultural redress and the return of culturally significant sites. Parakai Recreation Reserve will be jointly vested in Ngati Whatua o Kaipara and Auckland Council. The reserve status will continue and public access will be maintained.

Ngati Whatua o Kaipara also receive exclusive and non-exclusive first right of refusal for several Crown owned properties, including Paremoremo Prison.

Waitaha Claims Settlement Bill

The bill settles all historical Treaty grievances for Waitaha. It includes a summary of the agreed historical account, the Crown acknowledgments and apology.

The claims of Waitaha relate primarily to the outbreak of the Tauranga War, the impact of the Tauranga confiscation (including the treatment of Waitaha chief Hakaraia), the operation and impact of the native land laws, and further losses in the twentieth century.

The settlement includes commercial redress of $7.5 million, including the right to purchase and lease-back of five education properties

It also includes cultural redress including the transfer of historic sites such as Maungaruahine Pa Historic Reserve and part of the Otara Scenic Reserve. Existing protection of public access and conservation values will be preserved. In recognising the significance of the prophet and rangatira Hakaraia Mahika, killed by Crown forces in 1870, funding for cultural revitalisation and recognition will be provided. This includes $3 million for an education endowment in the name of Hakaraia.

Deeds of Recognition will ensure the Crown consults with Waitaha on matters relating to several other significant areas, including DOC areas adjoining Te Raparapa-a-hoe Stream and Hakako, Paraiti and Popaki Creeks. Statutory Acknowledgments will also enable Waitaha to participate in Resource Management Act processes relating to 15 specific sites within Waitaha’s area of interest.