Ngai Tāmanuhiri

The Ngai Tāmanuhiri Deed of Settlement was signed on 5 March 2011.

Ngai Tāmanuhiri Deed of Settlement summary

 

 

 

 

Ngai Tāmanuhiri Deed of Settlement documents

Deed of Settlement documents

File Date Size
Conservation Protocol [PDF, 374 KB] 5 Sep 2012 375 KB
Relationship Agreement with Ministry for Environment [PDF, 290 KB] 4 Sep 2012 290 KB
Fisheries Protocol [PDF, 776 KB] 28 Aug 2012 776 KB
Taonga Tūturu Protocol [PDF, 478 KB] 24 Aug 2012 478 KB
Crown Minerals Protocol [PDF, 497 KB] 20 Aug 2012 497 KB
Deed of Trust establishing the Tūranganui-a-Kiwa Memorial Putea and Central Leadership Trust [PDF, 223 KB] 2 May 2012 223 KB
Agreement in Principle [PDF, 2.2 MB] 29 Aug 2008 2.2 MB
Terms of Negotiation [PDF, 410 KB] 29 May 2007 410 KB
Crown Recognition of Mandate [PDF, 57 KB] 17 Aug 2005 57 KB

 

Ngai Tāmanuhiri Deed of Settlement summary

Overview

The Ngai Tāmanuhiri Deed of Settlement is the final settlement of all historical Treaty of Waitangi claims of Ngai Tāmanuhiri 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 Ngai Tämanuhiri;
  • cultural redress; and
  • financial and commercial redress.

The benefits of the settlement will be available to all members of Ngai Tāmanuhiri, wherever they live.

Background

Ngai Tāmanuhiri is an iwi based in the Gisborne (Tūranga) region. According to the 2006 census, approximately 1,700 people affiliate to Ngai Tāmanuhiri.

 

Redress

Crown Acknowledgements and Apology

The Crown acknowledges its actions arising from interaction with Ngai Tāmanuhiri whereby it breached the Treaty of Waitangi and its principles.

The Crown apologises to Ngai Tāmanuhiri for its acts and omissions which have breached the Crown’s obligations under the Treaty of Waitangi. The breaches include the unneccessary use of force at Waerenga a Hika and the summary executions by Crown forces at Ngatapa, the denial of basic human rights to those Ngai Tāmanuhiri detained without trial on the Chatham Islands, the pressure applied to extinguish Ngai Tāmanuhiri’s customary land interests, the failure to protect Ngai Tāmanuhiri’s tribal structures after land tenure reforms were imposed, and the failure to protect Ngai Tāmanuhiri from landlessness and to respect Ngai Tāmanuhiri rangatiratanga in the administration of all their remaining land.

Questions and answers

1. 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 $11.07 million plus interest, and the value of the cultural redress properties to be vested, as listed under "Commercial redress".

2. Is there any private land being transferred?

No. Funding provided through the settlement will enable Ngai Tāmanuhiri to purchase Te Wherowhero from a private landowner.

3. Are the public’s rights affected?

No. Public access to Young Nick’s Head Historic Reserve/Te Kuri a Paoa remains unchanged. This site is landlocked, and access to enter the reserve remains at the discretion of the landowner of the surrounding property. This arrangement will continue.

4. What are Statutory Acknowledgments?

Statutory Acknowledgements acknowledge areas or sites with which claimant groups have a special relationship, and will be recognised in any relevant proceedings under the Resource Management Act. This provision aims to avoid past problems with land development for roading and other purposes when areas of significance to Māori, such as burial grounds, were simply cleared or excavated without either permission or consultation. A Statutory Acknowledgement is not a property right. Neither is it exclusive.

5. Are any place names changed?

Yes. The name of Young Nick’s Head will be changed to Te Kuri a Paoa/ Young Nick’s Head as a National Historic Reserve.

6. Are any National Parks affected by the Settlement?

No.

7. Does Ngai Tāmanuhiri have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

No. Both parties agree that the Deed of Settlement is fair in the circumstances and will be a final settlement for all Ngai Tāmanuhiri’s historical or pre-1992 claims. The settlement legislation, once passed, will prevent Ngai Tāmanuhiri from re-litigating the claims before the Waitangi Tribunal or the courts. The settlement will still allow Ngai Tāmanuhiri 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.

8. Who benefits from the settlement?

All members of Ngai Tāmanuhiri, wherever they may now live.