Ngāti Tūwharetoa

Ngāti Tūwharetoa and the Crown signed a Deed of Settlement on 8 July 2017.

In this section

Ngāti Tūwharetoa Deed of Settlement documents

Ngāti Tūwharetoa Deed of Settlement summary

 

Ngāti Tūwharetoa Deed of Settlement documents

 

Deed of Settlement documents

File Date Size
Letter of agreement [PDF, 158 KB] 29 Aug 2023 159 KB
Agreement in Principle [PDF, 6.9 MB] 6 Mar 2015 6.8 MB
High Level Agreement [PDF, 476 KB] 28 Dec 2013 476 KB
Terms of Negotiation [PDF, 15 MB] 14 Jan 2013 15.5 MB
Crown Recognition of Mandate [PDF, 147 KB] 3 Nov 2011 147 KB
Lake Taupo Deed [PDF, 3.7 MB] 10 Sep 2007 3.7 MB
Lake Taupo Deed (ratified on 4 Feb 1993) [PDF, 3.4 MB] 28 Aug 1992 3.4 MB

 

Documents in relation to the Waikato River settlement (click here)

 

Ngāti Tūwharetoa Deed of Settlement summary

Overview

The Ngāti Tūwharetoa Deed of Settlement is the final settlement of all historical Treaty of Waitangi claims of Ngāti Tūwharetoa 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; and
  • financial and commercial redress.

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

Background

Ngāti Tūwharetoa is the fifth largest iwi in New Zealand and has a population of approximately 35,000 members. The Ngāti Tūwharetoa area of interest is centred on Lake Taupō (Taupō moana) and the central plateau and covers most of the central North Island and Te Arawa regions.

Redress

Crown acknowledgements and apology

The Deed contains a series of acknowledgements by the Crown where its actions arising from interaction with Ngāti Tūwharetoa have breached the Treaty of Waitangi and its principles. These include twenty breach concessions and twenty-five non-breach acknowledgements.

The Deed also includes a Crown apology to Ngāti Tūwharetoa for those Crown acts and omissions that have breached the Treaty of Waitangi and its principles. Some of the grievances most significant to Ngāti Tūwharetoa have been expressly acknowledged, including the impact of the Native Land Court and native land laws upon Ngāti Tūwharetoa, Horonuku Te Heuheu’s tuku of the peaks of Tongariro maunga in 1887, and the environmental degradation that occurred to the waterways and landscapes of the central North Island following construction of the Tongariro hydroelectric power generation scheme.

Questions and answers

What is the total settlement package?

  • Crown acknowledgements and apology for historical breaches of the Treaty of Waitangi
  • an agreed historical account
  • cultural redress including the vesting of a number of sites of significance to Ngāti Tūwharetoa, co-management arrangements over the Taupo catc hment and relationship redress
  • financial redress of a total of $25million, and
  • commercial redress.

Is there any private land involved?

No.

Are the public’s rights affected?

No. Nothing will change for the public. Public access, recreational use, reserve status and existing third party rights are maintained. Covenants and easements will guarantee continued public access, with the exception of one part of Five Mile Bay Recreation Reserve and one part of the Taupo Landing Reserve.

Are any place names changed?

Yes. A number of existing geographic names will change and one site that does not currently have an official name will be assigned a geographic name. A full list is included in the Deed.

What are statutory acknowledgements?

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.

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.

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.

Does Ngāti Tūwharetoa 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 of Waitangi claims of Ngāti Tūwharetoa. 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 Tūwharetoa 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.

Ngāti Tūwharetoa will also be able to negotiate cultural redress over the Tongariro National Park, along with other iwi and hapū with interests in the Tongariro National Park. These negotiations will begin within one year of the Ngāti Tūwharetoa Deed of Settlement being signed.

Who benefits from the settlement?

All members of Ngāti Tūwharetoa wherever they may now live.

What about redress over the Tongariro National Park?

The Deed settles all Ngāti Tūwharetoa historical claims over the Tongariro National Park. However, the Deed provides that cultural redress over the Tongariro National Park will be negotiated separately with other iwi and hapū with interests in the Tongariro National Park.