Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua

The Crown and Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua signed a Deed of Settlement on 29 October 2021.

Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Deed of Settlement documents

Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Deed of Settlement summary

 

 

 

 

Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Deed of Settlement documents

File Date Size
Agreement in Principle [PDF, 6.6 MB] 7 May 2016 6.6 MB
Crown Recognition of Mandate [PDF, 51 KB] 29 Nov 2012 51 KB
Deed of Mandate [PDF, 680 KB] Aug 2012 681 KB

 

 

Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Deed of Settlement summary

Overview

The Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Deed of Settlement is the final settlement of all historical Treaty claims of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua resulting from acts or omissions by the Crown prior to 21 September 1992, and 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 Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua wherever they may live.

Settlement date: 26 March 2020.

Background

Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua has a population of approximately 12,000 according to census figures and consists of 2 of the 6 taiwhenua (regions) that make up the Ngāti Kahungunu iwi: Ngāti Kahungunu ki Wairarapa and Ngāti Kahungunu ki Tāmaki nui-a-Rua.

Crown acknowledgements and apology

The Deed contains acknowledgements that historical Crown actions or omissions caused prejudice to Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua, or breached the Treaty of Waitangi and its principles.

The Deed also includes a Crown apology to Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua for not honouring its obligations to respect te tino rangatiratanga o Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua through repeated breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles and for the damage caused to Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua. These include the forced cession of tens of thousands of acres of land in 1845, Crown threats to end Pākehā settlement in Wairarapa and Tāmaki nui-a-Rua, the failure to protect Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua from becoming virtually landless, not upholding the spirit of the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua tuku rangatira of Wairarapa Moana in 1896, and the failure to actively protect te reo Māori.

Cultural redress

The Deed includes a cultural redress package intended to recognise the traditional, historical, cultural and spiritual associations of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua including places and sites owned by the Crown within the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua area of interest. This allows Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua and the Crown to protect and enhance the conservation values associated with these sites.

Financial and commercial redress

This redress recognises the losses suff ered by Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua arising from breaches by the Crown of its Treaty obligations. The financial and commercial redress is aimed at providing Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua with resources to assist them to redevelop their economic and social wellbeing. 

The total value of financial and commercial redress is $115 million.

Questions and answers

What is the total settlement package?

  • historical redress which includes Crown acknowledgments and apology for historical breaches of the Treaty of Waitangi and an agreed historical account; 
  • cultural redress which includes the return of part of the bed of Lake Wairarapa and surrounding reserves, the vesting and gift back of Castlepoint Scenic Reserve and the return of sites throughout the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua rohe; 
  • natural resources redress including the establishment of the Wairarapa Moana Board and permanence for Te Upoko Taiao; 
  • relationship redress including He Kawenata Hou, relationship agreements, letters of commitment and protocols; 
  • financial redress of $115 million plus interest; 
  • commercial redress involving the right to purchase Ngāumu Forest Crown Forest Licensed land and sites from the Treaty Settlements Landbank and the Ministry of Education. 

Is there any private land involved?

No.

Are the public’s rights affected?

Generally, no. Where land is transferred with a reserve classification then the relevant provisions of the Reserves Act, including those concerning public access, will continue to apply.

Are any place names changed?

Yes, details of 30 official place name changes are in the Deed.

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 status requires the Minister of Conservation and the Settlement Trust to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing values of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua regarding 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 settled group.

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.

Do Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

No. 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 claims of Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua. The settlement legislation, once passed, will prevent the iwi relitigating the claim before the Waitangi Tribunal or the courts. The settlement will still allow Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua 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 Kahungunu ki Wairarapa Tāmaki nui-a-Rua wherever they may live.