Moriori

The Crown and Moriori signed a Deed of Settlement on 14 February 2020.

In this section

Moriori Deed of Settlement documents

Moriori Deed of Settlement summary

 

Moriori Deed of Settlement documents

 

The Crown and Moriori signed a Deed of Settlement on 14 February 2020. The Deed of Settlement is under ‘Deed of Settlement documents’ below.

Deed of Settlement documents

File Date Size
Agreement in Principle [PDF, 2.4 MB] 16 Aug 2017 2.4 MB
Crown Reconfirmation of Mandate [PDF, 38 KB] 22 Mar 2016 36 KB
Declaration of Result [PDF, 118 KB] 5 Dec 2015 118 KB
Deed of Mandate [PDF, 1.7 MB] 21 Jul 2003 1.7 MB
Recognition of Mandate [PDF, 74 KB] 19 Nov 2003 70 KB
Terms of Negotiation [PDF, 2.2 MB] 26 Jul 2004

 

 

Moriori Deed of Settlement summary

Read a summary of the Moriori Deed of Settlement signed on 14 February 2020.

Overview

The Deed is the final settlement of all historical Treaty of Waitangi claims of Moriori 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 apology;
  • cultural redress; and
  • financial and commercial redress.

The benefits of the settlement will be available to all members of Moriori wherever they may live.

Background

Moriori is an imi (tribe) with 872 adult members and 860 children registered with Hokotehi Moriori Trust (HMT). HMT estimate that there are a greater number of unregistered members who are still to reconnect to their Moriori hokopapa. The Moriori area of interest is centred in and around Rēkohu and Rangihaute (Chatham and Pitt Islands).

Redress

Crown acknowledgements and apology

The Deed of Settlement contains acknowledgements that historical Crown actions or omissions caused prejudice to Moriori and breached the Treaty of Waitangi and its principles.

The Deed of Settlement also includes a Crown apology to Moriori for its acts and omissions which breached the Crown’s obligations under the Waitangi and for the damage that those actions caused to Moriori. These include the failure to act in a more reactive and proactive manner to end their enslavement, the failure to protect ta rē Moriori, the failure to protect Moriori from becoming virtually landless, the collection and trade of kōimi t’chakat Moriori (human remains) and the Crown’s contribution to the stigmatisation of Moriori as a racially inferior people who became extinct.

Cultural redress

Cultural redress is intended to recognise the cultural, historical and traditional associations of Moriori within their area of interest. A range of mechanisms are used to achieve this recognition.

Vesting of land

Eight sites will be transferred to Moriori as cultural redress. Some sites will transfer subject to certain conditions which will protect existing third party rights, and existing values such as public access and conservation.

The table below lists the sites and conditions of transfer. Images of each site can be found in the Deed Plans in the Attachments Schedule to the Deed of Settlement.

 

Table 1: Vested in Moriori

Site Location Area (ha) Conditions of vesting
Owenga property Chatham Island 1.6 Subject to a marginal strip being laid off, to be managed by Moriori.
Te Awanui Chatham Island  Unencumbered.
Waihere block Pitt Island 767 Subject to Local Purpose (Ecological Restoration and Community Purposes) Reserve.
Glory Block Pitt Island 461 Subject to Local Purpose (Ecological Restoration and Community Purposes) Reserve.
Glory housing property Pitt Island Subject to a restrictive covenant for low-impact housing.
Waipaua coastal property Pitt Island 26  Subject to Scenic Reserve status.
Waipaua property  Pitt Island Unencumbered.
Rangiauria property  Pitt Island  36 Subject to Scenic Reserve status.

Overlay classification

An overlay classification acknowledges the traditional, cultural, spiritual and historical associations of Moriori with certain sites of significance. Overlay classifications provide for the Crown to acknowledge Moriori values in relation to that area.

The Deed of Settlement provides overlay classifications over:

  • Waikokopu (Canister Cove) Scenic Reserve & Waipāua Scenic Reserve
  • Mangere Island Nature Reserve
  • Part Wharekauri site 100 (eastern part)
  • Rangatira Nature Reserve
  • Wharekauri site 102
  • Manauea (Ocean Mail) Scenic Reserve.

Statutory acknowledgements and deed of recognition

A statutory acknowledgement recognises the association between Moriori and a particular site or area and enhances the ability of Moriori to participate in specified resource management processes. A deed of recognition obliges the Crown to consult with Moriori on specified matters and have regard to their views regarding their special associations with certain areas.

The Deed of Settlement provides statutory acknowledgements over the following areas:

  • Tikitiki Hill Conservation Area
  • Coastal statutory acknowledgement area.

The Deed of Settlement provides statutory acknowledgements and deeds of recognition over the following areas:

  • 11882 Owenga site
  • Hanson Bay South Marginal Strip
  • Henga Scenic Reserve
  • Lake Huro Marginal Strip
  • Owenga Marginal Strip
  • Pacific Ocean Marginal Strip
  • Petre Bay Marginal Strip
  • Pitt Straight Marginal Strip
  • Wharekauri site 101
  • Wharekauri site 103
  • Wharekauri site 104
  • Wharekauri site 105
  • Te Awatea Scenic Reserve
  • Waitangi Marginal Strip.

Co-management arrangements

Moriori Imi Settlement Trust will enter into co-management arrangement with the Department of Conservation over the following sites:

  • J M Barker (Hāpūpū) Historic Reserve; and
  • an area of remnant forest within Waipaua Conservation Area remaining in Crown ownership, and the Waipāua Coastal property transferring to Moriori.

Relationship redress

The settlement will provide for the Minister for Energy and Resources and the Minister of Agriculture, the Minister for Biosecurity, the Minister of Fisheries, the Minister for Food Safety and the Minister of Forestry to issue protocols that set out how their respective agencies will interact with and consult Moriori Imi Settlement Trust when carrying out statutory duties and functions. It will also provide for a Hokoaetanga Tiaki Miheke, to facilitate a good working relationship between Moriori, the Ministry of Culture and Heritage, the Department of Internal Affairs and other cultural agencies.

Moriori Imi Settlement Trust will enter into relationship agreements with the Ministry for the Environment and the Department of Conservation. The Chief Executive of the Office of Māori Crown Relations – Te Arawhiti will write letters to the following organisations to raise the profile of Moriori, advise of matters of particular importance to Moriori, and encourage better engagement with Moriori:

  • Ministry of Education
  • Ministry of Health
  • Ministry of Social Development
  • Ngā Taonga Sound and Vision
  • Environmental Protection Agency
  • Tertiary Education Commission

 

Geographic place name changes

Place names recognise associations with geographic areas. Fourteen place names will be changed through the settlement legislation:

 Table 2: Geographic place name changes approved by NZGB

Existing name New official name
Waipaua Waipāua
Hakepa Hakepa
Blind Jims Creek Pana / Blind Jims Creek
Point Alison Waimihi / Point Alison
Napper Point Tamarau Point
Taupeka Tapuika
Red Bluff Whenuahau
Western Reef Rangihokopoi / Western Reef
Haupupu Hāpūpū

 

Table 3: Four unnamed sites

Current New official name
Unnamed site, local use name Ocean Mail Beach Manauea
Unnamed site, local use name Murumuru Islands or The Nuggets Te Rangakiore Islands
Unnamed site Ta Upoko-o-Rangimene Reef
Unnamed site Takapu Beach

In addition to place name changes, the names listed in the table below will be recorded as unofficial original Moriori names:

Table 4: Unofficial original Moriori names

Existing name Unofficial original Moriori name
Mangere Island Maung' Re
Ohira Ōuira
Te Rangaapene Te Ranga-a-Pehe
South East Island (Rangatira) Hokorereoro
The Pyramid (Tarakoikoia) Tcharako
Star Keys (Motuhope) [unofficial] Motchu Hopo
The Sisters (Rangitatahi Rakitchu
Motuhara (Bertier or the Forty Fours) [unofficial] Motchu Hara
Nairn River Ōrea
Point Munning Tok' Karoro
Point Somes Rerau
Waitangi Bay Waiteki Bay
Port Hutt (Whangaroa Harbour) Tei Kohuru
Cape Pattisson Tapuaki-o-Hiti
Point Durham Paroa
Cape L'Eveque Ko Ku Hewa
Waitangi Waiteki
Taupeka Point Tapuika Point
Round Rock (Rangituka) Rangituka
Rabbit Island Wharekaikite

The names of public conversation lands (reserves) will be changed through the Moriori Deed of Settlement:

 

Table 5: Name changes to public conservation lands

Existing name New official name
Canister Cove Scenic Reserve Waikokopu / Canister Cove Scenic Reserve
JM Barker (Hapupu) Historic Reserve Hāpūpū / J M Barker Historic Reserve
Ocean Mail Scenic Reserve Manauea / Ocean Mail Scenic Reserve
Waipaua Scenic Reserve

Waipāua Scenic Reserve

 

Financial and commercial redress

 

$18m quantum (plus interest accrued between signing the Agreement in Principle and the settlement date).

The opportunity to purchase two properties.

Table 6: Two properties that may be purchased

Site Location Area (ha)
Site 1, Waitangi 4 Meteorological Lane, Waitangi, Chatham Island 1.63
Part of site 6, Waitangi Highet Place, Waitangi, Chatham Island 1.79

Questions and answers

1. What happens next?

Following the signing of the Deed of Settlement, the Crown introduced legislation to Parliament. Once enacted, the legislation will give effect to the settlement.

2. What is the total settlement package?

  • Crown acknowledgements and apology for historical breaches of the Treaty of Waitangi;
  • an agreed historical account;
  • cultural redress including the vesting of eight sites of significance, co-management arrangements with the Department of Conservation and relationship redress;
  • financial redress of $18 million plus interest accrued between signing the Agreement in Principle and settlement date; and the right to purchase two commercial redress properties.

3. Is there any private land involved?

No.

4. Are the public’s rights affected?

No, nothing will change for the public. Public access, recreational use, reserve status and existing third-party rights are maintained. Covenants and easements will guarantee continued public access, with the exception of the former Owenga School, Te Awanui and Waipāua property sites.

5. Are any place names changed?

Yes. A number of existing geographic names will change and four sites that do not currently have an official name will be assigned a geographic name.

6. What is an overlay classification?

An overlay classification acknowledges the traditional, cultural, spiritual and historical association of an imi with certain sites of significance administered by the Department of Conservation.

An overlay classification status requires the Minister of Conservation and the settling group to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing values of the settling group with regard to that land. The New Zealand Conservation Authority and relevant Conservation Boards will also be required to have regard to the principles and consult with the settling group.

7. What are statutory acknowledgement and deeds of recognition?

A statutory acknowledgement acknowledges areas or sites with which iwi have a special relationship and will be recognised in any relevant proceedings under the Resource Management Act 1991. These provisions aim to avoid past problems where areas of significance to Māori, such as burial grounds, were simply cleared or excavated for public works or similar purposes without permission or consultation with iwi. A statutory acknowledgement does not convey a property right and is non-exclusive.

A deed of recognition sets out an agreement between the Minister of Conservation and a claimant group in recognition of its special association with a site and specifies the nature of iwi or hapū input into the management of the site.

8. 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.

9. When will the settlement take effect?

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

10. Do Moriori have the right to come back and make further claims about the behaviour of the Crown in the nineteenth and twentieth centuries?

No. When the Deed of Settlement is signed, and settlement legislation is passed it will be a final and comprehensive settlement of all historical (relating to events before 21 September 1992) Treaty of Waitangi claims of Moriori. The settlement legislation, once passed, will prevent Moriori relitigating the claim before the Waitangi Tribunal or the courts.

The settlement will still allow Moriori to pursue claims against the Crown for acts or omissions after 21 September 1992 including claims based on the continued existence of aboriginal title of customary rights. The Crown also retains the right to dispute such claims or the existence of such title rights.

11. Who benefits from the settlement?

All members of the Moriori imi wherever they may now live.