Ngāti Awa Deed of Settlement summary

Ngāti Awa’s early interactions with the Crown were outlined in the Waitangi Tribunal’s Ngāti Awa Raupatu Report, published in 1999.

An account of the historical background agreed between the Crown and Ngāti Awa is included in the Deed of Settlement along with acknowledgements of Crown breaches of the Treaty of Waitangi and a Crown Apology for those breaches. Summaries of these are included in the attached material. Ngāti Awa’s claims relate in general terms to the confiscation of land, the compensation process and the operation and impact of the Native land laws.

Pre-negotiations with Ngāti Awa began in 1995 and formal negotiations leading to the Deed of Settlement commenced in 1997. A Heads of Agreement indicating the broad outline of a settlement package was signed in December 1998. A revised settlement offer was agreed in October 2000.

A full Deed of Settlement, which details the formal Crown offer to settle all of Ngati Awa’s historical claims against the Crown, was then developed and was initialled by the Crown and the mandated representatives of Ngāti Awa on 8 July 2002. The Deed was then ratified by the members of Ngāti Awa through a postal ballot. The Deed of Settlement will be implemented following the ratification and establishment by Ngāti Awa of a governance entity to receive and manage the settlement redress, and the passage of settlement legislation.

Te Runanga o Ngāti Awa was mandated by Ngāti Awa to represent them in settlement negotiations with the Crown. The Runanga is chaired by Dr Hirini Mead, Ngāti Awa’s Chief Negotiator. The Office of Treaty Settlements, headed by Andrew Hampton, and Chief Crown Negotiator Brian Roche, with the support of Te Puni Kokiri, the Treasury, and the Department of Conservation represented the Crown in day-to-day negotiations. The Minister in Charge of Treaty of Waitangi Negotiations, Hon Margaret Wilson, represented the Crown in highlevel negotiations with Ngāti Awa.

Some Ngāti Awa chiefs signed the Treaty of Waitangi at Pohaturoa, near Whakatane in June 1840. Prior to the 1860s, however, there were few European settlers within the Ngāti Awa rohe.

Fighting broke out between the Crown and Māori in the early 1860s in Taranaki and later Waikato. In 1864 some Ngāti Awa hapu joined a Te Tai Rawhiti force planning to go to Waikato to assist the tribes there. Most of the force was prevented from travelling through the Rotorua region by local iwi, supported by Crown warships and military personnel.

In July 1865 a Crown official, James Te Mautaranui Fulloon, and three others were killed at Whakatane by some Ngāti Awa supporters of Pai Marire. In August 1865, a Crown expeditionary force of approximately 500 men, drawn largely from some neighbouring iwi, entered the rohe of Ngāti Awa to execute an arrest warrant for the killing of Fulloon and others. This force destroyed Ngāti Awa kainga, wharenui, pataka and waka, seized cattle, horses and other property, and was involved in skirmishes with Ngāti Awa in which some were killed.

In September 1865 the Crown issued a Proclamation of Peace declaring that the war, which began in Taranaki, was at an end. The proclamation pardoned those who had been in arms against the Crown but excluded those responsible for the killing of Fulloon. It stated that if those responsible were not given up then the Crown would take parts of the lands of those tribes who concealed the murderers.

Subsequently, the Crown expeditionary force laid siege to pa at Matata, Whakatane and Te Teko. In October 1865 over 30 men were arrested for the killing of James Fulloon and related offences. Many were found guilty at trial by Courts-Martial and sentenced to death. They were re-tried before the Supreme Court in Auckland. All were found guilty of at least one charge and were sentenced to imprisonment or execution. Two men were subsequently executed for the murder of Fulloon and three others died while in prison.

Governor George Grey deemed the Bay of Plenty tribes to have been in rebellion and in January 1866 approximately 448,000 acres of land was confiscated. Ngāti Awa state that approximately 245,000 acres of this land was within their rohe. Confiscation affected all Ngāti Awa and all bore the stigma of being ‘tangata hara’ or rebels including the many hapu who had not been involved in any conflict.

Approximately 77,000 acres were returned to Ngāti Awa through the compensation process but this land was returned to individuals rather than to iwi or hapu and did not reflect customary forms of land tenure. It often took up to 10 years before a Crown grant was issued for returned land and some hapu received land which had previously been occupied by other hapu.

From the 1870s Ngāti Awa claimed land south of the confiscation line before the Native Land Court but in many cases the Court awarded parts of those lands, regarded by Ngāti Awa as theirs, to other iwi. Those lands Ngāti Awa did gain title to were awarded to individuals rather than to iwi or hapu and became more susceptible to partition, fragmentation and alienation. This contributed to the erosion of the traditional tribal structures of Ngāti Awa. Further land was lost through acquisitions under public works legislation in the twentieth century, including urupa and other waahi tapu.

Since 1867 Ngāti Awa have sought redress for the wrongs inflicted on the iwi by the Crown. Several petitions were sent to the Crown relating to the confiscations, imprisonments and the loss of land. The Sim Commission considered the Ngāti Awa claims in 1927 but generally did not find in their favour. The Commission did find, however, that there were insufficient reserves for two hapu and recommended the award of land at Matata. This never eventuated. As a result of the Sim Commission other iwi had annuities paid by the Crown and Trust Boards were established for some raupatu iwi, but not for Ngāti Awa.

Recognition of Ngāti Awa’s traditional, historical, cultural and spiritual associations to places and sites, within their area of interest, that are owned by the Crown. This includes:

Statutory acknowledgements

Statutory Acknowledgements register the special association Ngāti Awa has with an area. They are recognised for certain purposes relating to standing and notification under the Resource Management Act and the Historic Places Act. There are eleven such acknowledgements: part of the Whakatane, Rangitaiki and Tarawera rivers, Moutohora (Whale) Island Wildlife Management Reserve, Part of Ohiwa Harbour, Te Kaokaoroa Historic Reserve, Kohi Point Scenic Reserve, Ohope Scenic Reserve, Mokorua Scenic Reserve, Uretara Island Scenic Reserve, and the former Matahina A5 block.

Deeds of recognition

A Deed of Recognition requires the Crown to consult Ngāti Awa and have regard for their views about Ngāti Awa’s special association with a particular Crown-owned site. The Deed specifies the nature of Ngāti Awa’s input into management of those areas by the Department of Conservation and Commissioner of Crown Lands. There will be four Deeds of Recognition covering the Crown-owned parts of the Whakatane, Rangitaiki and Tarawera riverbeds and Uretara Island.

Protocols with government departments and commitments to contact third parties

The Deed of Settlement provides for the establishment of protocols to promote good working relationships between Ngāti Awa and the Ministry of Fisheries, the Department of Conservation and the Ministry of Culture and Heritage on matters of cultural importance to Ngāti Awa.

The Department of Internal Affairs has undertaken to consult Ngāti Awa should the Department conduct a review of the administration by local government of the following: Motiti Island, Tokata Island, Rurima Island, Moutoki Island, Moutohora Island, Whakaari/White Island and Te Paepae o Aotea (Volkner Rocks).

Ngāti Awa will also be able to express their views to the Ministry for the Environment on the application of the Treaty and relevant parts of the Resource Management Act in Ngati Awa’s area of interest. The Ministry will monitor the performance of local authorities in Ngati Awa’s area of interest in relation to these matters.

In addition, the Crown has written to a number of third parties, such as Environment Bay of Plenty, inviting them to consider meeting with Ngāti Awa to discuss matters of importance to the iwi.

Place names

Three official place-name changes have been agreed between the Crown and Ngāti Awa. Once the settlement legislation has been enacted, Volkner Rocks (owned by Ngāti Awa on behalf of Mataatua) will be known as Te Paepae o Aotea. Awaateatua Beach will be known as Te Awa a Te Atua Beach. Braemar Springs will be known as to Te Waiu o Pukemarie/Braemar Springs. In addition, Thornton Wildlife Management Reserve will be known as Okorero/Thornton Wildlife Management Reserve.

Sites transferred and management input

Seven areas of special significance to Ngāti Awa will be returned to the iwi. These are:

• Kaputerangi Historic Reserve
• Te Paripari Pa Historic Reserve 
• Otitapu Pā (within the Mangaone Scenic Reserve)
• Former Matahina A4 Block
• Te Toangapoto (within the Western Whakatane Recreation Reserve)
• Te Ihukatia (part of the Port Ohope Recreation Reserve), and
• Whakapaukorero (within the Matata Scenic Reserve).

These sites total approximately 64 hectares. Kaputerangi Historic Reserve, Te Paripari Pa Historic Reserve, Te Toangapoto, Te Ihukatia, and Whakapaukorero will be re-reserved under the Reserves Act, which means that public access will be maintained. Otitapu Pā will be subject to a protected private land agreement to protect conservation values.

The Kaputerangi Historic Reserve and Te Toangapoto site are currently vested in or administered by the Whakatane District Council and the Council has agreed to relinquish their interests in the areas subject to Ngāti Awa managing these reserves in a way that is compatible with the existing management plans. Under the Deed of Settlement, Ngāti Awa has undertaken to acknowledge the significance of the site to other iwi in any published and interpretation material that it produces about the Kaputerangi Historic Reserve.

Two joint committees, one advisory and one management committee, are to be established over five reserves.

• A Joint Advisory Committee is to be established over the Matata Scenic Reserve and the Matata Wildlife Refuge Reserve. This committee will be made up of equal numbers of members nominated by Ngāti Awa and the Department of Conservation.
• A Joint Management Committee is to be established for Moutohora (Whale) Island Wildlife Management Reserve, Tauwhare Pā Scenic Reserve, and Ohope Scenic Reserve. This committee will have representatives nominated by Ngāti Awa, the Department of Conservation and the Bay of Plenty Conservation Board. Ngāti Awa will, as part of the agreement on Moutohora Island, no longer require permits to extract hangi stones traditionally sourced from the island, but will still need a permit to gain access to the island.

Gifts

The Crown will gift Ngāti Awa $1 million to assist in the redevelopment of the Mataatua meeting house complex. The Mataatua meeting house was returned to Ngāti Awa in 1996 in partial settlement of Ngāti Awa’s historical claims.

The Crown will also gift the land under the Whakatane Airport to Ngāti Awa, if it ever ceases to be reserved as an airport.

Wahi tapu sites

The Deed of Settlement acknowledges that certain sites on Crown-owned land, within Ngāti Awa's area of interest, are considered by Ngāti Awa to be wahi tapu.

Restoration of Ngāti Awa access to traditional foods and food gathering areas, including:

Customary fisheries

Ngāti Awa will be appointed as an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. One committee will provide advice to the Minister of Conservation on all matters concerning the management and conservation by the Department of Conservation of freshwater fish. The other committee will provide advice to the Minister of Fisheries on all matters concerning the utilization of aquatic life and seaweed administered by the Ministry of Fisheries.

The Deed of Settlement will include a provision that if the Minister of Conservation offers by public tender any part of the coastal marine area within a specified part of the Ohiwa Harbour, Ngāti Awa will have a preferential right to purchase up to 5% of the authorisations that are the subject of that tender.

Camping licenses or nohoanga

Camping licences are an area of up to one hectare near a waterway that give access to traditional food gathering areas. The camping licences will not impede existing public access to or along the waterway. Subject to gaining any necessary resource consent, Ngati Awa members will have an exclusive right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year.

Four nohoanga will be established. They are located in: the Matata Wildlife Refuge Reserve, the Thornton Lagoon Wildlife Management Reserve, the Port Ohope Recreation Reserve, and the Ohineteraraku Scenic Reserve.

This redress recognises the economic loss suffered by Ngāti Awa arising from breaches by the Crown of its Treaty obligations. It is aimed at providing Ngāti Awa with resources to assist it to develop its economic and social well-being. It includes;

• A combination of Crown-owned land selected by Ngāti Awa and cash up to a value of $42.39 million. Among the properties Ngāti Awa has selected are portions of the Kaingaroa and Rotoehu Forests (land only).
• Right of First Refusal – Ngāti Awa will have, for a period of 50 years, a Right of First Refusal to buy, at full market value, Crown-owned properties in a specified area, should they be disposed of by the Crown.

Awanuiarangi II title

The Deed of Settlement provides that Ngāti Awa may hold any land in a new category of land title (Awanuiarangi II Title). Ngāti Awa may declare settlement properties held under Awanuiarangi II Title to also be Protected Land. In such case the settlement properties will have some of the characteristics of “Māori Land” (as defined in Te Ture Whenua Māori Act 1993).

Previous redress

Ngāti Awa have already received the following in part-settlement of their historical claims:

• Ngāti Awa Station, a former Landcorp property near Whakatane (1990)
• The Mataatua meeting house, formerly in the Otago Museum (1996)
• A statutory pardon from the Crown in 1988 for those who were arrested, tried and labelled as rebels and in respect of all matters arising out of the land wars in 1865.

Ngāti Awa ancillary claims

On the recommendation of the Waitangi Tribunal in 1999 the Crown also intends to settle three ancillary claims separate from the broader Ngāti Awa claim. There will be separate Deeds of Settlement for the three ancillary claims and the timeline for settlement will differ from the main Ngāti Awa settlement. The ancillary claims are:

• Wai 79 concerning Awakeri Springs
• Wai 247 concerning a quarry site in the Waiohau C26 block
• Wai 248 concerning a quarry site in the Rangitaiki 60C block.