Ngāti Kuri
Ngāti Kuri and the Crown signed a Deed of Settlement on 7 February 2014 at Waiora Marae in Ngātaki. Deeds to Amend were signed on 10 September 2014, 24 April 2015, 30 July 2015, and 21 December 2015.
In this section
Ngāti Kuri Deed of Settlement documents
Ngāti Kuri Deed of Settlement summary
File | Date | Size |
---|---|---|
Deed to Amend [PDF, 287 KB] | 21 Dec 2015 | 287 KB |
Deed to Amend [PDF, 122 KB] | 30 Jul 2015 | 119 KB |
Deed to Amend [PDF, 384 KB] | 24 Apr 2015 | 380 KB |
Deed to Amend [PDF, 344 KB] | 10 Sep 2014 | 340 KB |
Deed of Settlement Summary [PDF, 365 KB] | 7 Feb 2014 | 365 KB |
Deed of Settlement [PDF, 2.2 MB] | 7 Feb 2014 | 2.2 MB |
Deed of Settlement Schedule - General matters [PDF, 230 KB] | 7 Feb 2014 | 226 KB |
Deed of Settlement Schedule - Property redress [PDF, 257 KB] | 7 Feb 2014 | 253 KB |
Deed of Settlement Schedule - Documents [PDF, 3.6 MB] | 7 Feb 2014 | 3.7 MB |
Deed of Settlement - Attachments [PDF, 5.3 MB] | 7 Feb 2014 | 5.3 MB |
Supporting Documents
File | Date | Size |
---|---|---|
Te Hiku Conservation Relationship Agreement [PDF, 946 KB] | 9 Dec 2015 | 944 KB |
Social Development and Wellbeing Accord [PDF, 1.7 MB] | 2 May 2103 | 1.7 MB |
Agreement in Principle [PDF, 2.9 MB] | 16 Jan 2010 | 2.8 MB |
Crown Recognition of Mandate [PDF, 45 KB] | 23 Sep 2009 | 41 KB |
Terms of Negotiation [PDF, 640 KB] | 1 Sep 2009 | 636 KB |
Deed of Agreement and Access with DOC [PDF, 493 KB] | 8 Sep 2004 | 489 KB |
Overview
The Ngāti Kuri Deed of Settlement will be the final settlement of all historical claims of Ngāti Kuri 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, Crown acknowledgements and apology
- cultural redress
- financial and commercial redress
- collective redress.
The benefits of the settlement will be available to all members of Ngāti Kuri, wherever they live.
Background
Ngāti Kuri is one of five iwi based in Te Hiku o Te Ika a Māui (the tail of the fish of Māui), the region from the Hokianga Harbour to Mangonui northwards. The Ngāti Kuri contemporary rohe extends north of a line from Maunga Tohoraha (Mt Camel) east to Hukatere and extending north-west to Motuopao, across to Te Rerenga Wairua (Cape Reinga) and then east to Murimotu and including the islands of Manawatāwhi (Three Kings Islands) and Rangitāhua (the Kermadecs). According to the 2013 census approximately 6,492 people affiliate to Ngāti Kuri.
General background |
---|
In January 2010, the Crown and the five Te Hiku iwi (including Ngāti Kuri) Te Hiku Agreement in Principle which formed the basis for this settlement. The Ngāti Kuri deed of settlement was initialled on 14 October 2013. The settlement will be implemented following the signing of the deed of settlement. The Te Hiku Claims Settlement Bill (Omnibus) will be introduced to the House after the deed of settlement has been signed. Ngāti Kuri were represented in negotiations by the Ngāti Kuri Trust Board. The settlement assets will be received by a new entity called Te Manawa o Ngāti Kuri Trust. The Office of Treaty Settlements, with the support of the Department of Conservation, Land Information New Zealand and other government agencies, represented the Crown in day-to-day negotiations. The Minister for Treaty of Waitangi Negotiations, Hon Christopher Finlayson, represented the Crown in high-level negotiations with Ngāti Kuri, as did his predecessors Hon Dr Michael Cullen and Hon Margaret Wilson. |
Summary of historical background to the claims by Ngāti Kuri |
---|
According to tradition, Ngāti Kuri ancestors have occupied Te Hiku o Te Ika from before the first waka arrivals. Traditionally Ngāti Kuri lived in several permanent settlements, and moved from those bases around their rohe in small groups, following seasonal cycles for gardening, fishing and food gathering. Ngāti Kuri did not sign Te Tiriti o Waitangi / the Treaty of Waitangi, and for many years after Pākehā settlement tikanga Māori (customary law) largely prevailed in their rohe. Ngāti Kuri were not included in the first land transactions in the area. Crown officials had limited understanding of the complex whakapapa relationships in Te Hiku and at times failed to distinguish Ngāti Kuri from other iwi in the rohe. By 1910 the survey debts had been repaid, but despite this control of the lands did not go back to the owners. Ngāti Kuri repeatedly asked for the return of the lands so they could begin farming initiatives but their requests were denied until the 1950s. In 1953 the Crown empowered the Māori Trustee to compulsorily acquire small interests in the Pārengarenga and Pākohu blocks. Many Ngāti Kuri lost their last shares in their land through this process. Due to the Crown’s actions and omissions Ngāti Kuri as an iwi were left with little land and few economic opportunities. Many had to leave the rohe altogether, resulting in a loss of social cohesion and difficulty in passing on Ngāti Kuri’s tikanga, traditional knowledge and language to younger generations. |
Redress
Crown acknowledgements and apology
The Crown apologises to Ngāti Kuri for its acts and omissions which have breached the Crown’s obligations under Te Tiriti o Waitangi/the Treaty of Waitangi. These include: the failure to ensure Ngāti Kuri had adequate land for their needs; the failure to actively protect Ngāti Kuri in their exercise of rangatiratanga; the purchase of the Muriwhenua South Block in 1858; the taking of Motuopao Island in 1875; the impact of the native land laws on Ngāti Kuri tribal structures and the compulsory acquisition of uneconomic interests in Ngāti Kuri land between 1953 and 1974. The Crown deeply regrets its breaches of Te Tiriti o Waitangi / the Treaty of Waitangi. These breaches have caused prejudice to Ngāti Kuri by obstructing their ability to transmit their culture to new generations, to exercise customary rights and responsibilities in their rohe, and to develop economically.
Cultural redress |
---|
Cultural redress provides recognition of the traditional, historical, cultural and spiritual association of Ngāti Kuri with places and sites owned by the Crown within their primary area of interest. This allows Ngāti Kuri and the Crown to protect and enhance the conservation values associated with these sites, and includes: Sites to be vested in Ngāti KuriA total of 10 properties will be vested in Ngāti Kuri, and seven jointly vested in Ngāti Kuri and one or more other Te Hiku iwi, totalling approximately 4015 hectares. These are:
Joint vesting to Ngāti Kuri and Te Aupouri
Joint vesting to Ngāti Kuri, Te Aupouri, NgāiTakoto and Te Rarawa
Cultural endowment fundNgāti Kuri will receive a cultural endowment fund of $2.230 million for Ngāti Kuri cultural development initiatives. Statutory acknowledgementsA Statutory Acknowledgement recognises the association between Ngāti Kuri and a particular site and enhances Ngāti Kuri’s ability to participate in specified resource management processes. The Crown offers Statutory Acknowledgements over:
Place name changesEighteen geographic names will be altered through the Ngāti Kuri settlement, including dual Māori-English names for Ninety Mile Beach (Te Oneroa-a-Tō hē / Ninety Mile Beach), Cape Reinga (Cape Reinga / Te Rerenga Wairua), Spirits Bay (Piwhane / Spirits Bay), Paxton Point (Wharekāpu / Paxton Point), Henderson Bay (Ōtaipango / Henderson Bay) and Mount Camel (Tohoraha / Mount Camel). The full list of place name changes is included in the Ngāti Kuri Deed of Settlement. Protocols, letter of commitment & promotion of relationshipsThe deed provides for protocols to be issued by the Minister for Arts, Culture and Heritage, the Minister of Energy and Resources and the Minister for Primary Industries. These protocols set out how the relevant government agencies will interact and consult with Ngāti Kuri when carrying out duties and functions. |
Financial and commercial redress |
---|
This redress recognises the economic loss suffered by Ngāti Kuri arising from breaches by the Crown of its Treaty obligations. Financial redressNgāti Kuri will receive a financial settlement of $21.040 million in recognition of all their historical claims. Interest that has been accumulating since the Te Hiku Agreement in Principle was signed in January 2010 will also be paid. Commercial redressNgāti Kuri will purchase from the Crown:
|
Collective redress |
---|
The collective redress elements of the deed have been negotiated between the Crown, Ngāti Kuri, Te Aupouri, NgāiTakoto and Te Rarawa. Collective redress will be available to all Te Hiku iwi as they complete settlements. Aupouri Crown Forest LandNgāti Kuri will join Aupouri, Te Rarawa and Ngāi Takoto as owners and tenants in common of approximately 21,158 hectares of Crown forest land on the Aupouri Peninsula and consequently will receive a 20% share of the accumulated rentals. Ngāti Kuri will own an undivided 30% share. Te Oneroa-a-Tōhē/Ninety Mile BeachThe settlement will create the Te Oneroa-a-Tōhē Board to manage the beach – a new permanent joint committee between iwi, Northland Regional Council and Far North District Council. The Te Oneroa-a-Tōhē Board will have 50 percent iwi members and 50 percent local authority members. It will be chaired by iwi and make decisions by a 70 percent majority. Korowai for Enhanced ConservationThe settlement includes a co-governance arrangement for conservation land known as the Korowai for Enhanced Conservation. Social Development and Wellbeing AccordNgāti Kuri will enter into the Te Hiku–Crown Social Development and Wellbeing Accord with Aupouri, Te Rarawa and Ngāi Takoto. The Accord sets out how the iwi and the Crown will work together to improve the social development and wellbeing of the Te Hiku whānau, hapu, iwi and the wider community. Joint Right of First RefusalNgāti Kuri will have a right of first refusal (RFR) for 172 years to purchase listed Crown properties in their area of interest should the Crown decide to sell them. This RFR is shared with other Te Hiku iwi whose areas of interest overlap with Ngāti Kuri. |
Questions and answers
What is the total cost to the Crown?
The total cost to the Crown of the settlement redress outlined in the Ngāti Kuri Deed of Settlement is $21.04 million plus interest, the value of the cultural redress properties to be vested, $2.230 million cultural endowment fund, $812,500 towards social accord implementation, $137,500 in recognition of the historical and cultural associations of Ngāti Kuri with Te Oneroa-a-Tōhē / Ninety Mile Beach and a portion of the $400,000 one-off contribution to the Te Oneroa-a-Tōhē Beach Board.
Is any private land being transferred?
No.
Are the public’s rights affected?
In general, all existing public access rights in relation to areas affected by this settlement will be preserved.
Once the Aupouri Crown forest land transfers out of Crown ownership, the agreement of the new landowner (iwi) will be required for both foot and vehicular access other than use of Hukatere Road. The scope of such access will remain subject to the forestry operational requirements of the licensee.
Are any place names being changed?
Yes. Place names are significant for recognising iwi associations with geographic areas.
There will be 18 geographic names amended through the Ngāti Kuri 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.
Does Ngāti Kuri have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?
No. If the deed of settlement is finalised by the passage of settlement legislation, both parties agree it will be a final and comprehensive settlement of all the historical (relating to events before 21 September 1992) Treaty of Waitangi claims of Ngāti Kuri. The settlement legislation, once passed, will prevent Ngāti Kuri from re-litigating the claims before the Waitangi Tribunal or the courts.
The settlement package will still allow Ngāti Kuri 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 and claims under the Marine and Coastal Area (Takutai Moana) Act 2011. The Crown retains the right to dispute such claims or the existence of such title rights.
Who benefits from the settlement?
All members of Ngāti Kuri, wherever they may now live.