Ngāruahine Deed of Settlement summary
Overview
The Ngāruahine Deed of Settlement will be the final settlement of all historical claims of Ngāruahine 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, acknowledgments and apology
- cultural redress
- financial and commercial redress
- relationship redress.
The benefits of the settlement will be available to all members of Ngāruahine, wherever they live.
Background
Ngāruahine is one of eight iwi of Taranaki. Four of the iwi of Taranaki reached settlements between 2001 and 2005 (Ngāti Tama, Ngāti Mutunga, Ngāti Ruanui and Ngā Rauru Kitahi), two have initialled deeds of settlement (Ngāruahine and Te Atiawa), one is working towards a deed of settlement (Taranaki Iwi) and one is progressing towards mandate (Ngāti Maru).
Redress
Crown acknowledgements and apology
The Crown apologises to Ngāruahine for its acts and omissions which have breached the Crown’s obligations under Te Tiriti o Waitangi/the Treaty of Waitangi.
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 Ngāruahine Deed of Settlement is $67.5 million plus the value of the cultural fund and cultural redress properties, which is $700,000. The Crown has already made an on-account payment of $13.5 million to Ngāruahine, and this amount will be deducted from the total amount, which will be paid shortly after the Deed is signed.
2. Is 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.
4. What happens to memorials on private titles?
The legislative restrictions (memorials) placed on the title of Crown properties and some former Crown properties now in private ownership will be removed once all Treaty claims in the area have been settled.
5. Does Ngāruahine have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?
No. If the Deed of Settlement is finalised by the passage of settlement legislation, 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 Ngāruahine. The settlement legislation, once passed, will prevent Ngāruahine from re-litigating the claim before the Waitangi Tribunal or the courts. The settlement package will still allow Ngāruahine 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 and claims under the Marine and Coastal Area (Takutai Moana) Act 2011. The Crown retains the right to dispute such claims or the existence of such title rights.
6. What about redress over the Maunga?
The Deed of Settlement settles all Ngāruahine historical claims over the Maunga. However the Deed provides that redress over the Maunga will be negotiated once all iwi of Taranaki have mandates to negotiate. This approach recognises that Maunga Taranaki is significant to all the people of Taranaki and is consistent with the agreements reached with the four iwi who have settled with the Crown (Ngāti Mutunga, Ngāti Tama, Ngāti Ruanui and Ngā Rauru Kitahi).
7. Who benefits from the settlement?
All members of Ngāruahine, wherever they may now live.
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