Whanganui Iwi (Whanganui River) Deed of Settlement Summary
Overview
Ruruku Whakatupua, the Whanganui River Deed of Settlement, provides for the full and final settlement of all historical Treaty of Waitangi claims of Whanganui Iwi in relation to the Whanganui River which arise from Crown acts or omissions before 21 September 1992.
The Deed of Settlement has two parts and comprises two documents:
- Ruruku Whakatupua – Te Mana o Te Awa Tupua
- Ruruku Whakatupua – Te Mana o Te Iwi o Whanganui.
Ruruku Whakatupua – Te Mana o Te Awa Tupua is primarily directed towards the establishment of a new legal framework (Te Pā Auroa nā Te Awa Tupua) for the Whanganui River that is centred on the legal recognition of the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements, as an indivisible and living whole – Te Awa Tupua.
Ruruku Whakatupua – Te Mana o Te Iwi o Whanganui is primarily directed towards Whanganui Iwi and the recognition and further development of the relationship between Whanganui Iwi and the Whanganui River through both cultural and financial redress.
Background
Crown acknowledgements and apology
Based on the agreed historical account, the Crown acknowledgements recognise the acts and omissions of the Crown in relation to the Whanganui River, including its failure to protect the interests of Whanganui Iwi, and the adverse effects and prejudice caused to Whanganui Iwi.
The Crown apology is the Crown’s formal apology for Treaty breaches as the Crown seeks to atone for past wrongs and build a renewed relationship with Whanganui Iwi.
Background
The Whanganui River is New Zealand’s longest navigable river, stretching for 290km from the slopes of Mount Tongariro to the Tasman Sea.
Redress
Crown acknowledgements and apology
Based on the agreed historical account, the Crown acknowledgements recognise the acts and omissions of the Crown in relation to the Whanganui River, including its failure to protect the interests of Whanganui Iwi, and the adverse effects and prejudice caused to Whanganui Iwi.
The Crown apology is the Crown’s formal apology for Treaty breaches as the Crown seeks to atone for past wrongs and build a renewed relationship with Whanganui Iwi.
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 comprises $81 million (plus interest accrued since the initialling of the Deed of Settlement), $30 million for the establishment of Te Korotete, $200,000 per year for 20 years for Te Pou Tupua, and $430,000 for the establishment of Te Heke Ngahuru.
Is there any private land involved?
No. In accordance with Crown policy, no private land is involved.
Will Whanganui Iwi own the riverbed?
No, the Crown-owned parts of the riverbed will be vested in Te Awa Tupua and the ‘landowner’ role performed by Te Pou Tupua. Any private property rights, aboriginal title or customary rights that may exist in the riverbed will be preserved.
Are the public’s rights affected?
No, existing public access and use of the Whanganui River, including navigation rights, will be preserved and not affected by the vesting of the bed of the River.
When will the settlement take effect?
The settlement will take effect following enactment of the settlement legislation.
Does Whanganui Iwi have the right to come back and make further claims?
Not in relation to the Whanganui River. The Deed of Settlement will be a final and comprehensive settlement of all the historical (relating to events before 21 September 1992) Treaty of Waitangi claims of Whanganui Iwi in relation to the Whanganui River. The settlement legislation, once passed, will prevent Whanganui Iwi from re-litigating those Treaty claims before the Waitangi Tribunal or the courts.
The settlement package will still allow Whanganui Iwi or members of Whanganui Iwi to pursue Treaty claims against the Crown for acts and omissions after 21 September 1992 in relation to the Whanganui River.
Who benefits from the settlement?
All members of Whanganui Iwi wherever they may now live will benefit from the settlement as a whole. The Te Awa Tupua framework will also bring benefits to the Whanganui River and its health and wellbeing.
Does the settlement affect water rights or create ownership of water?
No. Issues in relation to rights and interests in water are preserved under the settlement and the vesting of the Crown-owned riverbed does not create or transfer any proprietary interests in water.
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