The Waitangi Tribunal heard the Te Tau Ihu claims of all iwi with interests in the northern South Island between August 2000 and March 2004, and released preliminary reports in 2007 and a final report in November 2008.

On 23 November 2005, the previous Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Māori Affairs recognised the mandate of the Kurahaupö Ki Te Waipounamu Trust to represent Ngāti Kuia and two other iwi in negotiating a comprehensive historical Treaty settlement. The Crown signed Terms of Negotiation with the Kurahaupō Trust in June 2006. On 11 February 2009, the Crown and the Kurahaupō Trust co-signed a Letter of Agreement.

On 20 August 2010, Ngāti Kuia and the Crown initialled a detailed Deed of Settlement based on this agreement.The Deed was then ratified, and signed on 23 October 2010. The settlement will be implemented following the passage of settlement legislation.

Ngāti Kuia was represented in their negotiations by Te Rūnanga o Ngāti Kuia Trust, chaired by Waihaere Mason. Day to day negotiations were led by Mark Moses. The Office of Treaty Settlements, with the support of Department of Conservation, Land Information New Zealand, the Treasury and other government agencies, represented the Crown in day-to-day negotiations. The Minister for Treaty of Waitangi Negotiations, Hon Christopher Finlayson, and his predecessor Hon Dr Michael Cullen, represented the Crown in high-level negotiations with the Kurahaupō Trust and Ngāti Kuia.

Ngāti Kuia have resided in Te Tau Ihu for generations. By 1820 Ngāti Kuia were established primarily in the Kaituna, Te Hora, Te Hoiere (the Pelorus area), Rangitoto (D’Urville Island), Whangarae, Whakapuaka and Whakatū (Nelson) districts. In the 1820s and 1830s iwi from the North Island invaded and settled in Te Tau Ihu. Although Ngāti Kuia no longer had exclusive possession of all their territory they retained their tribal structures, chiefly lines and ancestral connections to the land.

In 1839 the New Zealand Company signed deeds with Māori that purported to purchase the entire northern South Island. Ngāti Kuia were not consulted. In 1844 a Crown-appointed Commissioner investigated the Company’s purchases and deemed that the Company had made a limited purchase of land in Te Tau Ihu. However the Crown failed to investigate the rights of Ngāti Kuia before granting land to the Company and Ngāti Kuia did not receive any payment for their interests or a share in the Nelson Tenths reserves that were set aside from the Company’s land.

Between 1847 and 1856 the Crown sought to purchase the remaining Māori land in Te Tau Ihu. The 1853 Te Waipounamu deed purported to purchase all remaining Māori land in the region. Ngāti Kuia were not signatories to the deed. In 1854 Ngāti Kuia at Te Hoiere disputed the idea the Waipounamu deed had acquired their interests in the land and demanded a fair payment directly from the Government. The Crown used the 1853 deed to pressure resident Te Tau Ihu Māori, including Ngāti Kuia, to agree to the alienation of their land. In 1856 Ngāti Kuia signed a deed and received £100 for their interests in Te Tau Ihu and were granted reserves in the Te Hoiere district.

The 790 acres of reserves were insufficient for Ngāti Kuia to either maintain their customary practices of resource use or develop effectively in the new economy. As a result Ngāti Kuia became economically marginalised. In 1889 the Native Land Court awarded title to the reserves to individual Ngāti Kuia. Over time, through sales and succession to titles, the reserves became increasingly fragmented and uneconomic. By the end of the twentieth century Ngāti Kuia retained less than 230 acres of their reserves.

In 1883 and 1892 the Native Land Court investigated the ownership of land that had been excluded from Crown purchases and the Nelson Tenths reserves. Ngāti Kuia made several claims before the Court. In the Te Tai Tapu and Nelson Tenths ownership investigations the Court deemed that Ngāti Kuia did not have rights and they were excluded from ownership. Ngāti Kuia unsuccessfully protested against the Court’s Nelson Tenths decision.

Ngāti Kuia also claimed that islands in Pelorus Sound had not been sold. These included the Titi Islands, which were an important mahinga kai for Ngāti Kuia. From 1918, under an agreement with the Crown, Ngāti Kuia were able to harvest titi (muttonbirds) and other resources from the islands. From 1960 the Crown denied Ngāti Kuia permission to land on the islands owing to declining numbers of titi. Ngāti Kuia expressed strong opposition to this decision.

By 1900, Ngāti Kuia were landless. Ngāti Kuia petitioned the Government for additional land and described themselves as “the poorest tribe under the Heavens.” The Crown attempted to alleviate their position through the provision of ‘Landless Natives Reserves’. The reserves, however, were in isolated locations, of poor quality and generally unable to be developed for effective economic use. Ngāti Kuia were also allocated land on Stewart Island but the Crown never granted them title to the land. Ultimately these reserves did little to alleviate the landless position of Ngāti Kuia in Te Tau Ihu.

Recognition of the traditional, historical, cultural and spiritual association of Ngāti Kuia with places and sites owned by the Crown within their area of interest. This allows Ngäti Kuia and the Crown to protect and enhance the conservation values associated with these sites, and includes:

Sites transferred to Ngāti Kuia

Eight sites totalling approximately 16 hectares to be vested in Ngāti Kuia, subject to specific conditions including protection of public access where appropriate:

• Canvastown School
• Cullen Point (Havelock)
• Kawai (World’s End)
• Moenui
• Tarakaipa Island urupā
• Tītīrangi Bay
• Titiraukawa (Pelorus Bridge)
• Waimea Gardens

One site at Mātangi Āwhio (Nelson), of 0.2061 hectares, is to be vested in Rangitāne o Wairau, Ngāti Apa ki te Rā Tō, Ngāti Kuia, Ngāti Tama manawhenua ki te Tau Ihu, Ngāti Rarua, Te Atiawa o te Waka-a-Maui and Te Pataka a Ngāti Koata.

Overlay classification

The overlay classification (known as a Tōpuni or Whenua Rāhui in some other settlements) acknowledges the traditional, cultural, spiritual and historical association of Ngāti Kuia with certain sites of significance.

The declaration of an area as an overlay classification provides for the Crown to acknowledge iwi values in relation to that area.

The settlement provides overlay classifications over Titi Island Nature Reserve and Chetwode Islands Nature Reserve, and Maud Island (Tom Shand Scientific Reserve).

Statutory acknowledgements and deeds of recognition

A Statutory Acknowledgement registers the association between iwi and a particular site or area and enhances the iwi’s ability to participate in specified Resource Management Act processes. Deeds of Recognition oblige the Crown to consult with Ngāti Kuia on specified matters and have regard to their views regarding their special associations with certain areas.

The Crown offers a Coastal Statutory Acknowledgment over all the Te Tau Ihu coastal marine area north of the Ngāi Tahu takiwā.

The Crown offers Statutory Acknowledgements and Deeds of Recognition in relation to the following rivers within Ngāti Kuia’s area of interest:

• Waimea River (including Wairoa River and Wai-iti River as its tributaries) – jointly with Ngāti Apa and Rangitāne
• Maitai River (or Mahitahi River near Nelson), Kaituna River (near Havelock) – jointly with Rangitāne
• Pelorus River (or Te Hoiere River near Havelock)
• Anatoki River; and
• Motueka River.

There are 15 further acknowledgements and deeds in the agreement relating to:

• Titi Island Nature Reserve and Chetwode Islands Nature Reserve and associated rocks
• Pelorus Sound
• Takapourewa (Stephens Island)
• Parikarearea (Maungatapu)
• French Pass Scenic Reserve
• Tītīrangi Bay, Marlborough Sounds
• Te Matau (Separation Point).

Jointly with other iwi:

• Tarakaipa Island
• Paroroirangi (Kenepuru Sound)
• Te Ope o Kupe (Anamahanga/Port Gore)
• Puhikereru/Mt Furneaux
• The Brothers Islands
• Kohi te Wai (Nelson)
• Lake Rotoiti
• Lake Rotoroa.

Recognition of Ngäti Kuia’s traditional, historical, cultural and spiritual association in their area of interest

Kaitiaki instrument

The Crown will acknowledge Ngāti Kuia’s association with Titi Island, the Chetwode Islands and associated rocks and the titi species on these islands. The instrument provides for kaitiaki appointed by the iwi to provide advice directly to the Minister of Conservation on the management of titi on the islands and to harvest titi in the event that the Minister of Conservation decides that the titi population can withstand ecologically sustainable harvesting.

Pakohe (Argillite)

The Crown acknowledges Ngāti Kuia association with Pakohe through a Statement of Cultural Association. Ngāti Kuia will have the right to remove Pakohe boulders by hand in agreed rivers on Crown land.

Fossicking

The settlement provides a right to access public conservation land in Te Tau Ihu above the Ngāi Tahu takiwā to look for and take by hand any sand, shingle or natural material from a river bed within conservation land without being required to obtain an access permit.

Te Tau Ihu River/Freshwater Advisory Committee

The settlement establishes a stand-alone iwi advisory committee providing input into local authority planning and decision making under the Resource Management Act at review, preparation and notification stages.

Place name changes

Together the settlements with iwi who have interests in Te Tau Ihu include a total of 65 geographic name changes. The full list of place name changes is included in the Deed of Settlement.

Protocols

Protocols will be issued by the Minister of Conservation, the Minister of Fisheries, the Minister of Energy, and the Minister for Arts, Culture and Heritage. These set out the way in which certain government agencies will exercise their functions within the protocol area and enable Ngāti Kuia to have input into decision-making processes.

Relationship agreement

The Crown will write to relevant local authorities encouraging them to enter into a Memorandum of Understanding with the Ngāti Kuia governance entity.