NgāiTakoto Deed of Settlement summary
Overview
The NgāiTakoto Deed of Settlement is the final settlement of all historical claims of NgāiTakoto resulting from acts or omissions by the Crown prior to 21 September 1992 and is made up of a package that includes:
- an agreed historical account and Crown acknowledgements, which form the basis for a Crown apology, to NgāiTakoto;
- cultural redress;
- financial and commercial redress; and
- collective redress.
The benefits of the settlement will be available to all members of NgāiTakoto, wherever they live.
Background
NgāiTakoto is one of five iwi based in Te Hiku o Te Ika a Maui (the tail of the fish of Maui). Their rohe extends from the river of Wharo (Ahipara) in the south to Te Rerenga Wairua (Cape Reinga) in the north, and across to the Kermadec Islands and Three Kings Island, then down to Rangaunu Harbour, across the hill range and Pa at Pungaungau, Wharekakariki, Tutatarakihi, Pukekahikatea to Kerekere Pa (Kaitaia) and returning across Tangonge, to Wharo.
Redress
Crown acknowledgements and apology
The Crown apologises to NgāiTakoto for its acts and omissions that breached the Crown’s obligations under Te Tiriti o Waitangi/the Treaty of Waitangi. The breaches relate to the Crown’s investigation of pre-Treaty land transactions and taking of ‘surplus land’; the forced cession of land at Ruatorara (East Beach) in 1844; the Crown’s pre-1865 land purchases; and the failure to ensure NgāiTakoto had sufficient land for its present and future needs. The Crown profoundly regrets its failure to actively protect NgāiTakoto and acknowledges that this hindered their ability to participate in economic development and marginalised the iwi.
Questions and answers
1. What is the total cost to the Crown?
The total cost to the Crown of the settlement redress outlined in the NgāiTakoto Deed of Settlement includes $21.04 million plus interest, discount on farm purchase price, the value of the cultural redress properties to be vested, $2.4 million cultural redress fund, $812,500 towards social accord implementation, $137,500 in recognition of the historical and cultural associations of NgāiTakoto with Te Oneroa-a-Tōhē/Ninety Mile Beach and a portion of the one-off contribution of $400,000 to the Te Oneroa-a-Tōhē Board.
2. Is there any private land being transferred?
No.
3. Are the public’s rights affected?
In general, all existing public access rights in relation to areas affected by this settlement will be preserved. Once the Aupouri Crown forest land transfers out of Crown ownership, the agreement of the landowner (iwi) will be required for both foot and vehicular access other than use of Hukatere Road. The scope of such access will remain subject to the forestry operational requirements of the licensee.
4. Are any place names being changed?
Yes. Place names are significant for recognising iwi associations with geographic areas.
Six place names will be altered through the NgāiTakoto settlement, including dual Māori-English names for Ninety Mile Beach (Te Oneroa-a-Tōhē/Ninety Mile Beach), Cape Reinga (Cape Reinga/Te Rerenga Wairua), Spirits Bay (Piwhane/Spirits Bay), East Beach (Nga-rui-o-te-Marangai Beach), Tatarakihi (Tu-ta-tarakihi), and Walker Island (Ta-huahua-Paopao-Karoro Island).
5. Does NgāiTakoto have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?
When the deed is signed and settlement legislation is passed it will be a final and comprehensive settlement of all the historical (relating to events before 21 September 1992) Treaty of Waitangi claims of the iwi. The settlement legislation, once passed, will prevent the iwi re-litigating the claim before the Waitangi Tribunal or the courts. The settlement still allows NgāiTakoto to pursue claims against the Crown for acts or omissions after 21 September 1992, as well as claims based on the continued existence of aboriginal title or customary rights. The Crown retains the right to dispute such claims or the existence of such title rights.
6. Who benefits from the settlements?
All members of NgāiTakoto whom descend from the tupuna Tuwhakatere, wherever they may now live, will benefit from the settlement of the iwi of which they are a registered member.
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