The history of the interaction between Ngāti Mutunga and the Crown has been detailed in the Waitangi Tribunal’s Taranaki Report, published in 1996. The claims of Ngāti Mutunga relate in general terms to breaches by the Crown of its obligations under the Treaty of Waitangi and in particular the waging of war resulting in loss of life, the confiscation of all Ngāti Mutunga’s land, and other land dealings.

An account of the historical background agreed between the Crown and Ngāti Mutunga is included in the Deed of Settlement, along with acknowledgements of Crown breaches of the Treaty of Waitangi and a Crown Apology for those breaches.

Negotiations on a settlement package began in July 1997. On 24 September 1999, the Crown and Ngāti Mutunga signed a Heads of Agreement. The Crown and the mandated iwi representatives initialled a draft Deed of Settlement on 14 December 2004, which was then ratified by members of Ngāti Mutunga through a postal ballot, and signed on 31 July 2005. Ngāti Mutunga has also ratified a governance entity to receive and manage the settlement redress. The Deed of Settlement will be implemented following the passage of settlement legislation.

Ngāti Mutunga was represented in negotiations for their claims by the Ngāti Mutunga Iwi Authority Board. The Board is chaired by Jamie Tuuta, and day to day negotiations were managed by the Chief Negotiator, Dion Tuuta. The Office of Treaty Settlements, with the support of the Department of Conservation, Treasury and other government agencies, represented the Crown in day-to-day negotiations. The Hon Margaret Wilson, who was Minister in Charge of Treaty of Waitangi Negotiations at the time, represented the Crown in high-level negotiations with Ngāti Mutunga.

From the late 1840s, as pressure mounted to accommodate settlers on land, opposition from Taranaki Māori to land sales north and south of New Plymouth became more evident. Despite this, the Crown continued to attempt to purchase land. In 1860, the Crown deemed resistance by Māori to the survey of the Pekapeka block at Waitara to be an act of rebellion, and waged war in north Taranaki. Many members of Ngāti Mutunga entered the war on the side of the non-sellers. During the course of the hostilities, which continued in North Taranaki until 1865, the Crown established military redoubts on Ngāti Mutunga pā sites at Urenui and Wai-iti, despite the fact that little fighting actually took place around these areas.

In 1865 the Crown declared three confiscation districts in Taranaki under the New Zealand Settlements Act of 1863. The entire rohe (territory) of Ngāti Mutunga was confiscated. The confiscation was indiscriminate in extent and application, with land being taken from “rebels” and “loyals” alike. The promise to restore land immediately to those who were prepared to submit to the Crown’s authority was not fulfilled.

The compensation process provided for in the confiscation legislation was inadequate and ignored customary forms of land tenure. None of the compensation awards made by the Compensation Court in the mid 1860s had been implemented by 1880. This situation created distress, uncertainty and confusion for Ngāti Mutunga, including those people who returned from the Chatham Islands in 1868, as to where they would live and whether they had security of title.

In the 1860s, a movement for Māori peace and independence was established at Parihaka in central Taranaki. Ngāti Mutunga people supported the acts of passive resistance organised by the prophets Te Whiti o Rongomai and Tohu Kakahi in the late 1870s in response to the confiscation and lack of reserves. Passive resistance campaigns led to the arrest and imprisonment of more than 600 “ploughers” and “fencers” from throughout Taranaki. Many prisoners, including members of Ngāti Mutunga, were held in the South Island. Conditions were harsh and included hard labour.

In 1881, more than 1,500 Crown soldiers invaded Parihaka. Some 1,600 men, women and children were forcibly expelled from the settlement. Crops were burned, stock were driven away or killed and homes were destroyed.

The West Coast Commissions finalised the return of limited land to Māori of Taranaki in the mid-1880s. Awards of land were returned to individual Māori, not Ngāti Mutunga as an iwi. The West Coast Reserves were placed under the control of the Public Trustee. Many of these reserves were farmed by settlers under perpetually renewable leases or sold by the Trustee. Title amalgamation in 1963 meant beneficial owners no longer had specific interests in customary land but in all West Coast Reserves throughout Taranaki.

The investigation of the confiscation by the Sim Commission in 1926-27 was limited. The Commission recommended an annuity of £5,000 to compensate all of the iwi of Taranaki for the confiscations and a single payment of £300 for the loss of property at Parihaka. The government of the day did not discuss these payments with iwi, nor did iwi accept them as adequate. The sums due in the early 1930s were not fully paid.

The Taranaki Māori Claims Settlement Act 1944 stated that the sums were a full settlement relating to the confiscations and Parihaka. There is no evidence that Ngāti Mutunga or other iwi agreed to this and the sums were not inflation adjusted.

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

Statutory acknowledgements

These register the special association Ngāti Mutunga has with an area. Statutory Acknowledgements are recognised under the Resource Management Act 1991 and the Historic Places Act 1993. The acknowledgements also require that consent authorities provide Ngāti Mutunga with summaries of all resource consent applications that may affect the areas named in the acknowledgements.

There are to be 17 such acknowledgements over the following sites: Part of Mimi – Pukearuhe Coast Marginal Strip; Waitoetoe Beach Recreation Reserve; Mimi Scenic Reserve; Mimi Gorge Scientific Reserve; Mataro Scenic Reserve; Mt Messenger Conservation Area within the Area of Interest; Taramoukou Conservation Area; Onaero River Scenic Reserve; Onaero Coast Marginal Strip; Onaero River Marginal Strip; Urenui River Marginal Strip; Coastal Marine Area adjoining the Area of Interest; Tangitu Conservation Area and Miro Scenic Reserve; Onaero River; Urenui River; Waitara River within the Area of Interest; and Mimi River within the Area of Interest.

Deeds of recognition

These oblige the Crown to consult with Ngāti Mutunga and have regard for their views regarding the special association Ngāti Mutunga have with a site. They also specify the nature of the input of Ngāti Mutunga into management of those areas by the Department of Conservation and/or the Commissioner of Crown Lands.

There will be 12 Deeds of Recognition covering: Part of Mimi – Pukearuhe Coast Marginal Strip; Waitoetoe Beach Recreation Reserve; Mimi Scenic Reserve; Mimi Gorge Scientific Reserve; Mataro Scenic Reserve; Mt Messenger Conservation Area within the Area of Interest; Taramoukou Conservation Area; Onaero River Scenic Reserve; Onaero River; Urenui River; Waitara River within the Area of Interest; and Mimi River within the Area of Interest.

Placenames

The name of “Titoki Ridge” will be assigned to a previously unnamed ridge, and the name of “Te Urinui Pā” will be changed to “Te Urenui Pā”.

Sites transferred to Ngāti Mutunga

Ten areas of Crown-owned land of special significance to Ngāti Mutunga will be returned to the iwi.

These sites are:

• the Onaero Site;  
• the Pukemiro Site;
• the Te Rau o Te Huia Pā Site;
• the Ngapapa Site;
• the Urenui Site;
• the Te Urenui Pā Site;
• the Okoki Pā Site;
• the Okoki Pā Historic Reserve;
• Onaero Domain Recreation Reserve; and
• Urenui Domain Recreation Reserve.

These sites total approximately 168 hectares. Where necessary, the settlement legislation will protect the sites’ natural values, and public access to the sites. The Onaero and Urenui Domain Recreation Reserves will continue to be administered by the New Plymouth District Council, and leases over that land will continue under their current conditions.

Restoration of Ngāti Mutunga’s access to traditional foods and food gathering areas, including:

Customary fisheries

The Ngāti Mutunga Governance Entity will be appointed as an Advisory Committee to the Minister of Fisheries. This committee will provide advice on the management of fisheries in the Ngāti Mutunga Area of Interest, including advice on the customary interest of Ngāti Mutunga in those fisheries.

Camping entitlement or nohoanga

The nohoanga, at the Uruti Domain Site, is approximately 0.7 hectares. Ngāti Mutunga members will have the right to use this entitlement for non-commercial, lawful fishing and gathering of natural resources, for up to 210 days a year. The nohoanga will not impede existing public access to waterways.

Protocols

Protocols will be established between Ngāti Mutunga and the Ministry of Economic Development, the Ministry of Fisheries, the Ministry for Culture and Heritage, Land Information New Zealand and the Department of Conservation, to encourage good working relationships on matters of cultural importance to Ngāti Mutunga.

This redress recognises the economic loss suffered by Ngāti Mutunga arising from breaches by the Crown of its Treaty obligations. It is aimed at providing Ngāti Mutunga with resources to assist them to develop their economic and social well-being. It includes:

Cash amount

Ngāti Mutunga will receive financial redress of $14.9 million.

Transfer and leaseback

Ngāti Mutunga will purchase two commercial properties (Uruti School and Urenui School) out of their settlement funds and lease them back to the Crown.

Right of first refusal

Ngāti Mutunga will have, for a period of 50 years, a right of first refusal to buy, at full market value, certain surplus Crown-owned properties.

There is no specific redress in the Deed of Settlement relating to the confiscation of Mount Taranaki. This matter will be addressed at a later date in the settlement process in Taranaki when all the iwi of Taranaki are in a position to negotiate on this issue.

There will be no additional financial or commercial redress in relation to the mountain. Any cultural redress and apology agreed with Ngāti Mutunga will recognise the traditional, cultural, historical and spiritual significance of Mount Taranaki to all iwi of Taranaki while recognising the interests of the people of New Zealand generally in Mount Taranaki.