Waitaha Deed of Settlement Summary
Overview
The Waitaha Deed of Settlement is the final settlement of all historical Treaty of Waitangi claims of Waitaha 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 Waitaha;
- cultural redress; and
- financial and commercial redress.
Throughout the package is redress which specifically recognises the Waitaha tupuna Hakaraia.
No private land is affected by the redress, only Crown land.
The benefits of the settlement will be available to all members of Waitaha, wherever they live.
Background
Waitaha are an ancient iwi that descends from the waka Te Arawa. Their area of interest extends from Waimapu to Mauao along the coastline to Maketū, and inland to Ōtanewainuku. The Waitaha beneficiary register has approximately 2000 members.
Redress
Crown Acknowledgments and Apology
The Crown acknowledges its actions arising from interaction with Waitaha whereby it breached the Treaty of Waitangi and its principles.
The Crown apologises to Waitaha for its acts and omissions which have breached the Crown’s obligations under the Treaty of Waitangi. These include the outbreak of the Tauranga war, the Crown’s treatment of Waitaha during the Tauranga Bush Campaign, the impact of the Tauranga confiscation, including the treatment of Waitaha chief Hakaraia, the operation and impact of the native land laws, the Crown’s land purchasing techniques, and the failure to ensure Waitaha retained sufficient land for their future needs.
Questions and answers
What is the total cost to the Crown?
The total cost to the Crown of the settlement redress outlined in the Deed of Settlement is $11.8 million, including the cultural redress and revitalisation payments listed above, plus interest accrued on $7.5 million since the signing of the Agreement in Principle, and the value of the cultural properties to be vested and transferred for nil consideration.
Is there any private land involved?
No.
Are the public’s rights affected?
No.
Are any place names changed?
No.
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.
Does Waitaha 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 passed into law, 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 Waitaha. The settlement legislation, once passed, will prevent Waitaha from re-litigating the claim before the Tribunal or the courts.
The settlement package will still allow Waitaha 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. The Crown also retains the right to dispute such claims or the existence of such title rights.
Who benefits from the settlement?
All members of Waitaha, wherever they may now live.
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