Ngāti Hauā

Ngāti Hauā and the Crown signed a Deed of Settlement on 18 July 2013.

 

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Ngāti Hauā Deed of Settlement documents

Ngāti Hauā Deed of Settlement summary

 

Ngāti Hauā Deed of Settlement documents

Deed of Settlement documents

File Date Size
Agreement in Principle to Settle Historical Claims [PDF, 1.7 MB] 19 Feb 2013 1.7 MB
Terms of Negotiation (Ngāti Hauā Trust Board) [PDF, 310 KB] 20 Dec 2012 310 KB
Crown Recognition of Mandate (Taumata Wiiwii Trust) [PDF, 34 KB] 17 Jun 2010 34 KB
Terms of Negotiation (Taumata Wiiwii and Hauā) [PDF, 415 KB] 20 Jun 2010 415 KB
Crown Recognition of Mandate (Ngāti Hauā Trust Board) [PDF, 36 KB] 19 Dec 2012 36 KB

 

 

Ngāti Hauā Deed of Settlement summary

Overview

The Ngāti Hauā Deed of Settlement is the final settlement of all historical Treaty of Waitangi claims of Ngāti Hauā resulting from acts or omissions by the Crown prior to 21 September 1992. The raupatu claims of Ngāti Hauā were settled through the Waikato‑Tainui Raupatu Claims Settlement Act 1995 and the Waikato‑Tainui Raupatu Claims (Waikato River) Settlement Act 2010. This settlement addresses the non‑raupatu historical claims of Ngāti Hauā not settled by the earlier settlements. This settlement includes:

  • an agreed historical account, Crown acknowledgments and apology
  • cultural redress
  • financial and commercial redress.

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

Background

Ngāti Hauā descend from the eponymous ancestor Hauā, a direct descendant of Hoturoa, the captain of the Tainui waka. The hapū of Ngāti Hauā are Ngāti Te Oro, Ngāti Werewere, Ngāti Waenganui, Ngāti Te Rangitaupi and Ngāti Rangi Tawhaki.

Redress

Crown acknowledgements and apology

The deed contains a series of acknowledgements by the Crown where its actions arising from interaction with Ngāti Hauā have breached the Treaty of Waitangi and its principles. The Crown apologises to Ngāti Hauā for its actions and omissions which have breached the Crown’s obligations under the Treaty of Waitangi. The breaches relate to:

  • the operation and impact of the native land laws, which undermined the traditional tribal structures of Ngāti Hauā, made their lands more susceptible to partition, fragmentation and alienation, and allowed individuals to sell land against the wishes of other owners
  • the Crown’s purchase of over 1,400 acres of Ngāti Hauā land from individuals in the twentieth century, in disregard of the collective decision of the owners not to sell
  • the cumulative effect of the Crown’s actions and omissions, particularly in relation to raupatu, the operation and impact of native land laws, Crown and private purchasing, and public works takings, leaving Ngāti Hauā with insufficient land for their present and future needs.

Questions and answers

What is the total cost to the Crown?

The total cost to the Crown of redress offered to Ngāti Hauā is $13,178,000 ($13 million in financial and commercial redress and $178,000 in cultural payment) plus the value of cultural redress properties to be vested.

Is there any private land involved?

No.

Are any place names changed?

No.

What are statutory acknowledgements and deeds of recognition?

Statutory acknowledgements acknowledge areas or sites with which iwi have a special relationship, and will be recognised in any relevant proceedings under the Resource Management Act. 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. Statutory Acknowledgements do not convey a property right and are non‑exclusive. Deeds of recognition set out an agreement between the administering Crown body (the Minister of Conservation) and a claimant group in recognition of their special association with a site and specify the nature of their input into the management of the site.

What is an overlay classification?

An overlay classification acknowledges the traditional, cultural, spiritual and historical association of an iwi 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.

When will the settlement take effect?

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

Does Ngāti Hauā 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 Ngāti Hauā. 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 Ngāti Hauā 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 Ngāti Hauā wherever they may now live.

What is Te Kauwhanganui o Māhuta?

Te Kauwhanganui o Māhuta means the Te Kauwhanganui Building and monument located at Rukumoana marae (Morrinsville‑Walton Road, Morrinsville) which is dedicated to the establishment of Te Kauwhanganui (the Māori Parliament) and which holds the Te Kauwhanganui Collection (taonga).

Who is the Tumuaki?

Tumuakitanga is a hereditary role which encompasses three significant functions;

  • Rangatira o Ngāti Haua
    Before the establishment of Kīngitanga and following the death of his father the Warrior Chief Te Waharoa, Wiremu Tamehana became Paramount Chief of Ngāti Haua iwi.
  • Tangata Whakawahi Kingi
    This is a spiritual function, first practised by Wiremu Tamehana when he anointed the first Māori King Potatau by placing the Bible on the King’s head and reciting scripture. The ceremony continues today with each successive Ariki anointed by a Tumuaki, using the same bible that anointed King Potatau.
  • Tumuaki o te Kīngitanga
    During the reign of King Tawhiao, Tupu Taingakawa the second son of Wiremu Tamehana was appointed by the King and endorsed by iwi leaders as the first Tumuaki o te Kīngitanga (premier) to lead on behalf of the King the business affairs of the movement.

Why are Ngāti Hauā getting a second settlement after the Waikato settlement?

Raupatu claims relate to lands confiscated under the terms of the 1863 New Zealand Settlements Act.

Ngāti Hauā’s raupatu claims were settled under the Waikato Raupatu Claims Settlement Act 1995. The 1995 Deed of Settlement expressly excluded certain historical claims, including claims to the West Coast Harbours and the Waikato River, and any claims by individual hapū of Waikato to non‑raupatu land outside the Waikato claim area.

Ngāti Hauā are also a beneficiary of the Waikato Raupatu Claims (Waikato River) Settlement Act 2010, which settled raupatu claims in relation the Waikato River from Karapiro to the mouth of the river.

This Deed of Settlement addresses the non‑raupatu elements of Ngāti Hauā’s historical Treaty claims not settled under the 1995 or 2010 settlements.