Ngāti Ruanui Deed of Settlement summary

The history of Ngāti Ruanui’s interaction with the Crown has been detailed in the Waitangi Tribunal’s Interim Taranaki Report published in 1996. An account of the historical background agreed between the Crown and Ngāti Ruanui 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. Ngāti Ruanui’s claims related in general terms to breaches by the Crown of its obligations, in particular the waging of war resulting in loss of life and the confiscation of land and other land dealings.

Negotiations on a settlement package with Ngāti Ruanui began in April 1999 and a Heads of Agreement recording agreement on the main components of a settlement package was signed on 7 September 1999. A full Deed of Settlement, the formal Crown offer to settle Ngāti Ruanui’s historical claims under the Treaty of Waitangi, was initialled by the Ngāti Ruanui negotiators and Crown representatives on 1 March 2001. The Deed was subsequently ratified by the members of Ngāti Ruanui through a postal ballot. The Deed is implemented following the passage of the required legislation through Parliament.

Ngāti Ruanui was represented in negotiations by the Ngāti Ruanui Muru me te Raupatu Working Party. The Office of Treaty Settlements headed by Ross Philipson, with the support of Treasury, the Ministry of Fisheries 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 high level negotiations with Ngāti Ruanui.

Ngāti Ruanui (which includes Tangahoe and Pakakohi) resisted the opportunity to sell land at the time of European settlement and, in the 1850s, made a pact with other Taranaki iwi and those elsewhere to oppose further land sales. By 1860 no Ngāti Ruanui land had been sold and Ngāti Ruanui provided active support to Te Atiawa and Nga Rauru resistance to land sales in their respective rohe, particularly the sales of the blocks at Waitara and Waitotara. Resistance to the survey of the Pekapeka block at Waitara was deemed an act of rebellion by the Crown and when the Crown commenced hostilities in the province in 1860, Ngāti Ruanui entered the war on the side of the non-sellers. This phase of war ended in 1861.

Fighting broke out again in 1863 and spread to south Taranaki. Here the Crown troops occupied the land without formal confiscation or purchase. Confiscations were proclaimed later in 1865, including the confiscation of 352,000 acres of Ngāti Ruanui and Ngā Ruahine land. This area included most of the land within Ngāti Ruanui’s rohe. Land was proclaimed confiscated from those the Crown considered to be “loyal” as well as those viewed as “rebels”. War continued, and in a series of scorched earth campaigns involving the destruction of villages and crops the Crown hoped to reduce the fighting ability of those considered rebels. These campaigns led to much loss of life and property for Ngāti Ruanui.

At the end of the war in 1869, 233 Pakakohi men, women and children of Ngati Ruanui surrendered following promises they would not be killed. Ninety-six were tried for treason and 74 sentenced to death. The latter sentences were commuted to three or seven years imprisonment in the South Island. Conditions were harsh and 18 of the men died before the release of the prisoners three years later.

The compensation process for confiscated land provided for in confiscation legislation was inadequate and ignored customary forms of land tenure. By 1880 no compensation awards had been implemented. The West Coast Commissions were appointed in the 1880s to remedy this situation and fulfil Crown promises.

Meanwhile the purchase of land continued, both within the confiscation area (where often money was paid but no deed drawn up) and outside the confiscation boundary, without a full investigation of customary title. Very few reserves were promised to land sellers in this period and none had been created by 1880.

Ngāti Ruanui people were involved in the acts of passive resistance organised by prophets Te Whiti and Tohu in response to the confiscations and lack of reserves. The Crown’s invasion of Parihaka in central Taranaki in 1881 followed, with armed Crown troops numbering more than 1500. More than 1500 men, women and children were expelled from the settlement (including those from Ngāti Ruanui), crops were burned and homes destroyed.

The West Coast Commissions finalised the return of limited land to iwi in Taranaki in the mid-1880s. The land returned was done so under individual title and placed under the control of the Public Trustee. Much was farmed by settlers under perpetually renewable leases. Additionally, because of the ability of the Public and Māori Trustees to alienate certain types of land, over 60% of the land was sold by 1974. Title amalgamation in 1963 meant owners no longer had specific interests in customary land but in all reserves throughout Taranaki.

The subsequent investigation of the confiscations by the Sim Commission of 1926-27 was limited. The Commission recommended an annuity of 5000 pounds to compensate all of the iwi of Taranaki for the confiscations. A one-off sum of 300 pounds was paid to compensate for the loss of property at Parihaka. The compensation was enshrined in the Taranaki Māori Claims Settlement Act 1944 which states that Māori had agreed to accept the sums as full settlement for the confiscations and the actions of the Crown at Parihaka. There is no evidence iwi agreed to this and the settlement sums, as with the rents on reserved lands, were not protected from the effects of inflation.

Recognition of Ngāti Ruanui’s traditional, historical, cultural and spiritual association with places and sites owned by the Crown within their area of interest. This allows the Crown and Ngāti Ruanui to protect and enhance the conservation values associated with these areas and sites and includes:

Statutory acknowledgements

These register the special association Ngāti Ruanui has with an area. Statutory Acknowledgements are recognised under the Resource Management Act and the Historic Places Act.

There are to be five such acknowledgements; the Otoki Gorge Scenic Reserve, the Coastal Marine Area adjoining the Ngāti Ruanui area of interest, the Tangahoe River, the Whenuakura River, and the Patea River.

Deeds of recognition

These oblige the Crown to consult Ngāti Ruanui and have regard for their views regarding Ngāti Ruanui’s special association with a site. They also specify the nature of Ngāti Ruanui’s input into management of those areas by the Department of Conservation (DOC) and/or the Commissioner of Crown Lands.

There will be four deeds, covering the Otoki Gorge Scenic Reserve, the Tangahoe River, the Whenuakura River, and the Patea River.

Special area or taki poipoīa o Ngāti Ruanui

This is an additional status for an existing conservation area that acknowledges Ngati Ruānui’s traditional, cultural, spiritual and historic values and associations.

Special Area status requires the Minister of Conservation and Ngāti Ruanui to develop and publicise a set of principles which will assist the Minister to avoid harming or diminishing Ngāti Ruanui values.

The NZ Conservation Authority and the Taranaki/Wanganui Conservation Board will also be required to have regard to the principles and consult with Ngāti Ruanui.

There is one Special Area proposed for Ngāti Ruanui. This is Wai-ariki, part of the Waitotara Conservation Area. It is about 10 ha in size.

Protocols with Government Departments and third parties

The Deed of Settlement also provides for the establishment of protocols to enhance a good working relationship, on cultural matters of importance to Ngāti Ruanui, between Ngāti Ruanui and the Ministry of Energy, the Ministry of Fisheries (Mfish), the Ministry for Culture and Heritage, and the Department of Conservation.

The Crown has written to the Taranaki Regional, and the Stratford and South Taranaki District Councils encouraging them to enter into memoranda of understanding with Ngāti Ruanui. The Crown has also written to the Taranaki/Wanganui Conservation Board and Taranaki Fish and Game Council for the same purpose.

Ngāti Ruanui 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 Ngāti Ruanui’s area of interest. The Ministry will also monitor the performance of Local Authorities in Ngāti Ruanui’s area of interest in relation to these matters.

Placenames

The spelling of one name will be changed (Mangimangi Stream to Mangemange Stream) and three sites currently without official names will be named (Whitikau, Maraeroa and Te Ramanui).

Ngāti Ruanui will also be notified by the New Zealand Geographic Board about future name proposals in their area of interest.

Sites transferred to Ngāti Ruanui

Four areas of significance to Ngāti Ruanui – one hectare of the Tarere Conservation Area, the Maben Conservation Area (subject to an easement in favour of Trustpower for hydro purposes), the Pukemoko Pa site within the Otoki Gorge Scenic Reserve, and the Kaikura Conservation Area – will be returned to Ngāti Ruanui. These sites total approximately 10 ha. Part of the bed of Lake Kaikura owned by the Crown (subject to protection for existing lawful use and access) will also be returned to Ngāti Ruanui.

One other area of significance to Ngāti Ruanui, the Makino Scenic Reserve, will be vested in Ngāti Ruanui to administer under the Reserves Act.

The South Taranaki District Council and the Stratford District Council have also agreed to transfer to Ngāti Ruanui the Turuturu Mokai Historic Reserve (subject to the protection of the memorial cairn and public access to that cairn) and the land on which the Whakāhurangi Marae is located.

Other acknowledgements

The Crown acknowledges the association of Ngāti Ruanui with indigenous species managed by DOC, fish and other aquatic life managed by Mfish, and with a variety of Argillite known as Pūrangi, within the Ngāti Ruanui area of interest.

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

Customary fisheries

Ngāti Ruanui will be appointed an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. The Committee will provide advice on the management of fisheries in the Ngāti Ruanui area of interest, including the customary interest of Ngāti Ruanui in those fisheries.

Specific provisions are:

• The Ministry of Fisheries will consult with Ngāti Ruanui and safeguard their existing non-commercial customary fishing rights if the numbers of certain specified customary or taonga species (Kuku/Blue Mussel, Kuku/Greenlipped Mussel, Piharau/Lamprey, Pipi, Waikaka/Mudsnail, Pupu/Catseye, Kina and Waikoura/Crayfish) rise to levels that make a commercial catch possible.
• The Minister of Conservation will consult with Ngāti Ruanui on all matters concerning the management of indigenous freshwater fisheries by the Department of Conservation.
• Provisions looking into the possibility of taking undersized tuna (eel) as part of stocking or re-stocking of waterways and aquaculture projects.
• Protection of Ngāti Ruanui’s customary non-commercial interest in paua should this species become commercially viable in the Ngāti Ruanui area of interest.
• A Right of First Refusal to buy a proportion of surplus Crown quota for surf clams/purimu and kina in a specified part of the Ngāti Ruanui area of interest if these species become part of the quota management system.
• Should tendering for coastal space for marine farming occur, Ngāti Ruanui will have the preferential right to buy a specified percentage of any authorisations, at the tender price, within a specified part of the Ngāti Ruanui area of interest. Ngāti Ruanui retains the right to participate in other tenders for coastal space authorisations.
• A commitment from the Crown to consider a proposal from Ngāti Ruanui to apply a prohibition on commercial fishermen using trawl nets and set nets within certain parts of Ngāti Ruanui’s area of interest.

Camping licences or ukaipo

These are areas of up to one hectare near a waterway which give access to traditional sources of food. Ngāti Ruanui members will have the right to use these entitlements for non-commercial, lawful fishing and food gathering purposes for up to 210 days a year. The licences do not affect existing public access to waterways. There are two Ukaipo sites and they are side by side in the Tarere Conservation Area.

This redress recognises the economic loss suffered by Ngāti Ruanui arising from breaches by the Crown of its Treaty obligations. It aims to provide Ngāti Ruanui with resources to assist it to develop its economic and social well being.

It includes:

1. A combination of cash and Crown-owned land up to a value of $41 million.
2. Right of First Refusal – Ngāti Ruanui will also have, for a period of 50 years, a Right of First Refusal to buy, at full market value, certain surplus Crown-owned properties in their area of interest.

There is no cultural redress or apology in the Deed of Settlement relating to the confiscation of Mount Taranaki. This matter will be addressed at a later date in the settlement process in Taranaki when all the iwi of Taranaki are in a position to negotiate on these issues.

There will be no additional financial or commercial redress in relation to the mountain. Any cultural redress and apology agreed with Ngāti Ruanui will recognise the traditional, cultural, historical and spiritual significance of Mount Taranaki to all iwi of Taranaki while recognising the interests of the people of New Zealand generally in Mount Taranaki.