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).
General background |
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In November 2003, the Crown first recognised the mandate of the HMT to represent Moriori in comprehensive historical Treaty settlement negotiations. In March 2016, following a pause in negotiations, HMT reconfirmed its mandate. In August 2017, the Crown and HMT signed an Agreement in Principle. In December 2018, HMT established the post-settlement governance entity (PSGE), Moriori Imi Settlement Trust, to receive and manage settlement assets on behalf of Moriori. At the same time, Moriori agreed for the mandate to finalise Treaty settlement negotiations to transfer from HMT to the Moriori Imi Settlement Trust. On 13 August 2019, the Crown and Moriori initialled a Deed of Settlement (Deed). The Deed was ratified by Moriori members, and signed by the Crown and Moriori on 14 February 2020. The Deed is conditional on the enactment of Moriori settlement legislation. The Office for Māori Crown Relations – Te Arawhiti, with the support of the Department of Conservation, Land Information New Zealand, and other government agencies, represented the Crown in day-to-day negotiations. The former Minister for Treaty of Waitangi Negotiations, the Honourable Christopher Finlayson, and the current Minister for Treaty of Waitangi Negotiations, the Honourable Andrew Little, represented the Crown in high-level negotiations with |
Summary of the historical background to the claims by Moriori |
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Moriori karāpuna (ancestors) were the waina-pono (original inhabitants) of Rēkohu, Rangihaute, Hokorereoro (South East Island), and other nearby islands (making up the Chatham Islands). They arrived sometime between 1000 and 1400 CE and all Moriori hokopapa to (are descended from) the founding ancestor Rongomaiwhenua. Moriori developed an egalitarian society where there was little differentiation of rank, and warfare and killing was outlawed. Moriori lived undisturbed for many centuries until their first contact with Pākehā, in 1791. In late 1835, about 900 people of two Māori iwi, whose traditional rohe was in Taranaki, sailed on a British ship to Rēkohu after hearing of the islands’ attractiveness for settlement and believing Moriori would offer little resistance. The newcomers were welcomed and fed by Moriori in accordance with tikane Moriori (Moriori custom). The newcomers soon began to walk the land. Some Moriori wanted to resist the invaders, but the elders Torea and Tapata urged the people to obey Nunuku’s law of peace, arguing that to violate it would be contrary to their ancient beliefs and customs. Upon returning to their villages they were attacked, and many were killed. Māori accounts put the number of Moriori killed in 1835-36 at around 300, or about one-sixth of the population. Those Moriori who survived the invasion were enslaved and forced to do manual labour. Slavery was foreign to and totally at odds with tikane Moriori. In 1842, Rēkohu and the surrounding islands were annexed to New Zealand, as the Chatham Islands. The Crown took no action before the late 1850s to alleviate the conditions of Moriori enslavement. Moriori sent letters and petitions to the Crown detailing their plight, including the names of those killed in the invasion and those who had subsequently died of despair. In 1862 Moriori wrote an extensive petition to the Crown seeking recognition of their ancient land rights and claiming the protection of the Crown and English law. In an 1862 letter, Moriori stated that they continued to be enslaved by Maori. In 1863, a new Resident Magistrate was appointed who set about improving some conditions for Moriori. In June 1870, the Native Land Court sat on the Chatham Islands. At that time the population of the Chathams comprised just under 100 Moriori and about 20 Māori, but some Māori returned to the Chatham Islands from Taranaki to conduct their case and support their claim. The Court sat for eight days at Waitangi and heard claims over the whole of Rēkohu as just five blocks, as well as claims to Hokorereoro (South East Island) and Rangihaute (Pitt Island). The Court, applying its own understanding of ‘Native customs’, gave particular weight to pre-1840 conquest, where it was accompanied by subsequent occupation. The Court awarded more than 97 per cent of the land to the recently arrived Māori and less than 3 per cent to Moriori. Tikane Moriori did not recognise conquest as a means of gaining land rights. Moriori arguments focused on holding rights in accordance with tikane, in particular through ancestral occupation and adherence to their own ancient law of peace. Although under Moriori customary tenure land was held communally, Crown title was awarded to individuals. As a result of being left virtually landless, many Moriori who had survived the enslavement were forced to abandon Rēkohu. By 1901, the Moriori population on Rēkohu had collapsed from a pre-contact population of at least 2000 to only 31 (out of a total Chatham Islands population of 418 comprising Moriori, Māori and Europeans). At the turn of the century several prominent Moriori elders died. With the loss of this generation, none remained who had first-hand knowledge of Moriori language and traditions. Moriori awareness of their language, hokopapa, and traditions subsequently went further into decline. In 1867 the Crown extended political representation to all Māori men who lived within four electoral districts. The Chatham Islands were outside all electoral districts meaning Moriori and other Chatham Islands residents could not vote or have political representation. It was not until 1922 that legislation was enacted to correct this. For more than a hundred years individuals and institutions (including the Colonial Museum, a Crown institution) collected and exchanged kōimi t’chakat Moriori (the skeletal remains of ancestors) taken from Rēkohu and surrounding islands. Moriori assert that that removal of kōimi t’chakat Moriori violated the tchap’ (tapu) of these miheke (taonga) and eroded Moriori authority by interfering with their ability to act as tchieki (guardians) of their miheke. In the early twentieth century prominent ethnographers wrongly portrayed Moriori as extinct and racially distinct from, and inferior to, Māori. The Crown contributed to the dissemination of this myth through the publication of The School Journal. The 1916 and 1946 editions of The School Journal taught generations of New Zealand schoolchildren that Moriori were an inferior race and had occupied New Zealand prior to the arrival of Māori and had been driven out to the Chatham Islands by the later migrants. These myths caused much damage to Moriori and still persist today. The stories popularised and spread through The School Journal had a significant impact on many children of Moriori descent and they carried this through into adulthood. As a result of the stigma associated with persistent myths generations have been reluctant to identify as Moriori or have not been told that they are Moriori, growing up in ignorance of their heritage. Moriori are still dealing with this legacy of loss today. Since the late 1970s Moriori descendants have been working to rebuild their identity and culture as a distinct people with a unique heritage. What has been achieved over the past 40 years is testament to their resilience as a people and their determination to reclaim their rightful place in the history of Rēkohu and Aotearoa New Zealand. |
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 |
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Owenga property | Chatham Island | 1.6 | Subject to a marginal strip being laid off, to be managed by Moriori. |
Te Awanui | Chatham Island | 2 | 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 | 5 | Subject to a restrictive covenant for low-impact housing. |
Waipaua coastal property | Pitt Island | 26 | Subject to Scenic Reserve status. |
Waipaua property | Pitt Island | 1 | 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 |
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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 |
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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 |
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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 |
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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
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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) |
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Site 1, Waitangi | 4 Meteorological Lane, Waitangi, Chatham Island | 1.63 |
Part of site 6, Waitangi | Highet Place, Waitangi, Chatham Island | 1.79 |
Shared redress |
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Moriori and Ngāti Mutunga o Wharekauri both have interests in the Chatham Islands. Their areas of interest overlap and encompass the entirety of the Chatham Islands. Shared redress is still under negotiation between the Crown and Moriori. Shared redress will include:
Whilst the individual deeds and legislation will comprehensively settle the historical Treaty of Waitangi claims of Moriori and Ngāti Mutunga o Wharekauri, with the exception of the shared right of first refusal over Crown properties on the Chatham Islands and provision for customary non-commercial fishing regulations, shared redress between Moriori and Ngāti Mutunga o Wharekauri will be delivered through a separate shared redress deed and bill. |
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.