Ahuriri Hapū

Ahuriri Hapū and the Crown signed a Deed of Settlement on 2 November 2016

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Ahuriri Hapū Deed of Settlement documents

Ahuriri Hapū Deed of Settlement summary

 

Ahuriri Hapū Deed of Settlement documents

Deed of Settlement documents

File Date Size
Agreement in Principle to Settle Historical Claims [PDF, 1.5 MB] 19 Dec 2013 1.5 MB
Terms of Negotiation [PDF, 251 KB] 22 Jun 2010 252 KB
Crown Recognition of Mandate [PDF, 144 KB] 2 Feb 2010 144 KB

Ahuriri Hapū Deed of Settlement summary

Overview

The Ahuriri Hapū Deed of Settlement is the full and final settlement of all the historical Treaty of Waitangi claims of Ahuriri Hapū 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, Crown acknowledgements and a Crown apology to Ahuriri Hapū
  • cultural redress; and
  • financial and commercial redress.

The benefits of the settlement will be available to all members of Ahuriri Hapū who are registered with the Mana Ahuriri Trust, wherever they may live.

Background

Ahuriri Hapū are based in and around Napier, in the Hawke’s Bay region. The seven Ahuriri Hapū are: Ngāti Hinepare, Ngāti Māhu, Ngāti Matepū, Ngāti Paarau (which includes Ngāi Tahu Ahi), Ngāi Tāwhao, Ngāti Tū and Ngāi Te Ruruku.

Redress

Crown acknowledgements and apology 

The Deed of Settlement contains Crown acknowledgements of its acts and omissions that caused prejudice to Ahuriri Hapū and breached the Treaty of Waitangi and its principles.

The Deed of Settlement also includes a Crown apology to Ahuriri Hapū for Crown acts and omissions and breaches of the Treaty of Waitangi and its principles. The Crown solemnly apologises for its policies, acts and omissions that have left Ahuriri Hapū virtually landless, and for the severe impacts the loss of ancestral lands and resources has had on the capacity of Ahuriri Hapū for economic and social development, and physical, cultural and spiritual well-being. The Crown also expresses profound regret for the distress and anguish generations of Ahuriri Hapū have endured due to the Crown’s acts and omissions in relation to Te Whanganui-ā-Orotu.

Questions and answers

What is the overall package of redress?

The settlement package is made up of:

  • Acknowledgements and an apology by the Crown for the Crown’s acts and omissions that caused prejudice to Ahuriri Hapū and breached the Treaty of Waitangi and its principles
  • Cultural redress of an historical account, natural resources redress, $500,000 to engage with the natural resources redress, $15,000 of funding for pouwhenua and the gifting of three cultural redress properties
  • Financial and commercial redress of $19.5 million including the purchase of Kaweka and Gwavas Crown Forest land with Heretaunga Tamatea and the right to purchase a number of Crown properties, plus interest accrued on the financial and commercial redress since the signing of the Agreement in Principle.

 Is there any private land involved?

No. In accordance with Crown policy, no private land is involved.

Are the public’s rights affected?

No, all existing public rights to the areas affected by this settlement will be preserved.

Are any place names changed?

Yes. The Deed of Settlement will provide for six official geographic name changes:

  • Bluff Hill, Hospital Hill, Napier Hill, Scinde Island to Mataruahou
  • Mouth of Ngaruroro River (local use) to Te Ipu-o-Taraia (an historic site)
  • Unnamed site on the point locally known as Perfume Point to Te Karaka
  • Unnamed site within the feature locally known as Sturms Gully to Karetoki Whare
  • the lakes in Kaweka Forest Park: Eastern Lake to Rotoroa
  • the lakes in Kaweka Forest Park: Western Lake to Rototuna.

Does the Kaweka and Gwavas Crown Forest land include the Kaweka State Forest Park? Why is this being transferred?

Kaweka and Gwavas Crown Forest Licensed land is quite separate to the Kaweka State Forest Park. Ahuriri Hapū will receive a deed of recognition and a statutory acknowledgement for part of Kaweka State Forest Park, but this will remain conservation land.

The Kaweka and Gwavas Crown Forest Land are within the Ahuriri Hapū and Heretaunga Tamatea areas of interest. The two parties have formed a joint company to collectively own and manage the Crown Forest land. Ahuriri Hapū will have a 33.34% shareholding and Heretaunga Tamatea will have a 66.66% shareholding.

The Crown will deduct 33.34% of the transfer value of the Crown Forest Land from Ahuriri Hapū’s quantum and will deduct 66.66% of the transfer value from Heretaunga Tamatea’s quantum.

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.

When will the settlement take effect? 

The settlement will take effect following enactment of the settlement legislation.

Do Ahuriri Hapū have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

No. If Ahuriri Hapū settlement legislation is passed into law, the Crown and Ahuriri Hapū 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 Ahuriri Hapū. The settlement legislation, once passed, will prevent Ahuriri Hapū from re-litigating their historical claims before the Waitangi Tribunal or the courts.

The settlement package will still allow Ahuriri Hapū or members of Ahuriri Hapū to pursue claims against the Crown for acts and 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 Ahuriri Hapū, wherever they may now live.