Ngāi Tūhoe

The Deed of Settlement was initialled 22 March 2013 between Tūhoe and the Crown. It was then ratified by the people of Tūhoe and signed on 4 June 2013.

In this section

Ngāi Tūhoe Deed of Settlement documents

Ngāi Tūhoe Deed of Settlement Summary

 

 

Ngāi Tūhoe Deed of Settlement documents

Deed of Settlement documents 

File Date Size
Terms of Negotiation [PDF, 2 MB] 31 Jul 2008 2.0 MB
Crown Recognition of Mandate [PDF, 96 KB] 27 Sep 2007 96 KB
He Tapuae : Service Management Plan [PDF, 586 KB] 2 July 2021 586 KB

 

Ngāi Tūhoe Deed of Settlement Summary

Overview

The Tūhoe Deed of Settlement is the final settlement of all historical Treaty of Waitangi claims of Tūhoe resulting from acts or omissions by the Crown prior to 21 September 1992, and is made up of a package that includes:

  • agreed historical account, Crown acknowledgments and apology
  • redress over Te Urewera and other cultural redress
  • redress in relation to Mana Motuhake
  • financial and commercial redress.

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

Background

The Tūhoe area of interest is based around Te Urewera. Tūhoe have approximately 9,300 registered members.

Redress

Crown acknowledgements and apology

The deed contains a series of acknowledgements by the Crown where its actions arising from interaction with Tūhoe have breached the Treaty of Waitangi and its principles.

The Crown apologises to Tūhoe for past dealings that breached the Crown’s obligations under the Treaty of Waitangi. These include:

  • indiscriminate raupatu, wrongful killings, and years of scorched earth warfare
  • denying Tūhoe the right of a self governing Urewera Reserve by subverting the Urewera District Native Reserve Act 1896
  • excluding Tūhoe from the establishment of Te Urewera National Park over their homelands
  • wrongly treating Lake Waikaremoana as Crown property for many years.

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 is approximately $170 million.

Is there any private land being transferred to Tūhoe or Te Urewera?

No

Are the public’s rights affected?

No. Public access to Te Urewera will be provided for on the same terms as now. However, a small number of cultural redress sites are being returned to Tūhoe without provision for future public access.

Are any place names changed?

Six place name alterations are specified in the Deed of Settlement.

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 the enactment of the settlement legislation.

Is Lake Waikaremoana included in this settlement?

No. The Lake bed is owned by the Tūhoe Waikaremoana Trust Board and the Wairoa Waikaremoana Trust Board, leased to the Crown and managed by the Department of Conservation. Māori ownership was recognized by the Courts in 1948 and acknowledged by the Crown when a lease agreement was reached shortly afterwards.

Who will own Te Urewera?

Te Urewera will be its own legal entity under legislation. The members of the governance board, both Crown and Tūhoe nominees, will act in the interests of Te Urewera, like trustees or directors of a company. They will not act on behalf of either the Crown or Tūhoe.

Will Te Urewera still be a National Park?

Te Urewera will have a new legal identity established, and have its governance and management arrangements set out in its own act of Parliament. Key protection principles will be included in the Te Urewera legislation, including protection of natural, historical and cultural heritage and public access.

The new legislation will ensure that the land is managed to an internationally accepted standard for national parks.

Who will manage Te Urewera after the settlement legislation is passed?

It will be managed by the Department of Conservation (DOC) and Tūhoe with Tūhoe building their management capacity over time. The Te Urewera Board, Tūhoe and DOC will continue to build relationships with park stakeholders.

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

When the deed 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 Tūhoe. The settlement legislation, once passed, will prevent the iwi re-litigating the claim before the Waitangi Tribunal or the courts.

The settlement will still allow Tūhoe 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.

Who benefits from the settlement?

All members of Tūhoe wherever they may now live.