Te Rarawa

Te Rarawa and the Crown signed a Deed of Settlement on 28 October 2012. Deeds to Amend were signed on 12 March and 9 April 2014, and 15 December 2015.

 

 

Te Rarawa Deed Of Settlement documents

 

Deed of Settlement documents

File Date Size
Te Hiku Conservation Relationship Agreement [PDF, 948 KB] 9 Dec 2015 948 KB
Social Development and Wellbeing Accord [PDF, 9.7 MB] 5 Feb 2013 9.7 MB
Agreement in Principle relating to the Settlement of Historical Claims [PDF, 6.9 MB] 16 Jan 2010 6.9 MB
Agreement in Principle for the Settlement of Historical Claims [PDF, 4.6 MB] 7 Sep 2007 4.6MB
Terms of Negotiation [PDF, 3.4 MB] 5 Dec 2002 3.4 MB
Crown Recognition of Mandate [PDF, 39 KB] 18 Mar 2002 39 KB

 

 

Te Rarawa Deed Of Settlement Summary

Overview

The Te Rarawa Deed of Settlement will be the final settlement of all historical claims of Te Rarawa 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 and Crown acknowledgements, which form the basis for a Crown apology to Te Rarawa;
  • cultural redress;
  • financial and commercial redress; and
  • collective redress.

The benefits of the settlement will be available to all members of Te Rarawa, wherever they live.

Background

Te Rarawa is one of five iwi based in Te Hiku o Te Ika a Maui (the tail of the fish of Maui). Their rohe extends from Hokianga eastwards along the Hokianga River to Mangataipa, then north along the Raetea ranges, down the Pamapuria River to Maimaru across towards Awanui, westwards to Hukatere on Te Oneroa-a-Tōhē (Ninety-Mile Beach), back down the coastline past Ahipara towards Hokianga.

Redress

Crown acknowledgements and apology

The Crown apologises to Te Rarawa for its acts and omissions which have breached the Crown’s obligations under Te Tiriti o Waitangi/the Treaty of Waitangi. These breaches include the Crown’s investigation of pre-Treaty transactions and the taking of land under its surplus lands policy, the failure to set aside sufficient reserves for Te Rarawa in pre-1865 Crown purchases, the impact of native land laws, Crown purchasing after 1865, the compulsory vesting of a large amount of Te Rarawa land in the Tokerau Māori Land Board between 1906 and 1909, Crown purchases of vested land, the failure to protect Te Rarawa interests when the Tokerau Māori Land Board approved the sale of Waireia D, empowering the Māori Trustee to compulsory acquire uneconomic interests in Te Rarawa land, the road survey at Owhata that led to the imprisonment of Maraea Te Awaroa Heke, and the landlessness of some Te Rarawa hapū.

Questions and answers

What is the total cost to the Crown?

The total cost to the Crown of the settlement redress outlined in the Te Rarawa Deed of Settlement includes $33.84 million plus interest, discount on farm purchase price, the value of the cultural redress properties to be vested, $530,000 cultural redress fund, $812,500 towards social accord implementation, $137,500 in recognition of the historical and cultural associations of Te Rarawa 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 there 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 four geographic names amended or corrected through the Te Rarawa Deed of Settlement.

Does Te Rarawa have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

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 the iwi. The settlement legislation, once passed, will prevent the iwi re-litigating the claim before the Waitangi Tribunal or the courts.

The settlement still allows Te Rarawa to pursue claims against the Crown for acts or omissions after 21 September 1992, as well as 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 settlements?

All members of Te Rarawa, wherever they may now live, will benefit from the settlement.