Te Wairoa

The Iwi and Hapū of Te Rohe o Te Wairoa and the Crown signed a Deed of Settlement on 26 November 2016

In this section

Te Wairoa iwi and hapū Deed of Settlement documents

Te Wairoa iwi and hapū Deed of Settlement summary

 

 

Te Wairoa iwi and hapū Deed of Settlement documents

 

Deed of Settlement documents

File Date Size
Te Wairoa Social and Economic Revitalisation Strategy [PDF, 6.5 MB] 19 May 2021 6.5 MB
Agreement in Principle [PDF, 7.7 MB] 11 Jun 2014 7.7 MB
Terms of Negotiation [PDF, 2.1 MB] 12 Jun 2012 2.1 MB
Crown Recognition of Mandate [PDF, 283 KB] 4 Feb 2011 283 KB

 

Te Wairoa iwi and hapū Deed of Settlement summary

Overview

The settlement will be the final settlement of all historical Treaty of Waitangi claims of the iwi and hapū of Te Rohe o Te Wairoa resulting from acts or omissions by the Crown prior to 21 September 1992. The deed of settlement is made up of a package that includes:

  • an agreed historical account, Crown acknowledgements and apology;
  • cultural redress; 
  • financial and commercial redress.

The benefits of the settlement will be available to all members of the iwiand hapū of Te Rohe o Te Wairoa wherever they may live.

Background

The iwi and hapū of Te Rohe o Te Wairoa comprise approximately 25,500 members (2013 census). The iwi and hapū of Te Rohe o Te Wairoa are included as one of six large natural groups negotiating the settlement of the historical Treaty of Waitangi claims of Ngāti Kahungunu (and in this case, Ngāti Rongomaiwahine). Ngāti Kahungunu is the third largest tribal group in New Zealand. The area of interest of the iwi and hapū of Te Rohe o Te Wairoa covers the northern Hawke’s Bay and the southern Gisborne areas.

Redress

Crown acknowledgements and apology 

The deed of settlement includes the Crown’s acknowledgement that its actions and omissions breached the Treaty of Waitangi and its principles, and have caused the iwi and hapū of Te Rohe o Te Wairoa significant prejudice.

The deed of settlement also includes the Crown’s apology for these actions and omissions, specifically for the war it fought against those members of the iwi and hapū of Te Rohe o Te Wairoa it deemed to be rebels, its unjust attack on the Omaruhakeke kāinga in 1865, the summary execution of prisoners in 1866, and the detention without trial of some members of the iwi and hapū of Te Rohe o Te Wairoa on the Chatham Islands from 1866 to 1868. These actions have led to lasting divisions between hapū for which the Crown expresses deep remorse.

The Crown apologises for the destructive impact and demoralizing effects its actions have had upon the iwi and hapū of Te Rohe o Te Wairoa following its introduction of the native land laws, its relentless land purchasing programme, and its forced cession and effective confiscation of iwi and hapū of Te Rohe o Te Wairoa interests. The Crown’s apology also acknowledges the significant, cumulative, and detrimental impact its breaches of the Treaty have had upon the cultural, spiritual and physical well being of the iwi and hapū of Te Rohe o Te Wairoa and their economic development.

Questions and answers

What is the total settlement package?

Crown acknowledgement and apology for historical breaches of the Treaty of Waitangi

  • an agreed historical account
  • cultural redress including the vesting and gifting back of five sites of significance to the iwi and hapū of Te Rohe o Te Wairoa and relationship redress with a number of Government departments and local authorities
  • financial and commercial redress comprising a total settlement value of $100 million (plus interest), which includes the transfer of interests in Patunamu CFL land and Wharerata Forest Limited, the right to purchase certain Crown-owned deferred selection properties and a right of first refusal over certain Crown properties for a period of 174 years.

Is there any private land involved?

No

Are the public’s rights affected?

No

Are any place names changed?

Following the change of its conservation status, the name of the Mangaone Caves Scenic Reserve will be changed to the Mangaone Caves Historic Reserve.

What are statutory acknowledgements and deeds of recognition?

Statutory acknowledgements acknowledge sites or features 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 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. Deeds of recognition set out an agreement between the administering Crown body (the Minister of Conservation or the Commissioner of Crown Lands) and a claimant group in recognition of their special association with a site and specify the nature of their input into the management of the site.

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.

Do the iwi and hapū of Te Rohe o Te Wairoa 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 of settlement is signed and settlement legislation is passed it will be a final and comprehensive settlement of all historical (relating to events from 1840 to 21 September 1992) Treaty of Waitangi claims of the iwi and hapū of Te Rohe o Te Wairoa. The settlement legislation, once passed, will prevent the iwi and hapū of Te Rohe o Te Wairoa re-litigating the claim before the Waitangi Tribunal or the courts. The settlement will still allow the iwi and hapū of Te Rohe o Te Wairoa 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.

Who benefits from the settlement?

All members of the iwi and hapū of Te Rohe o Te Wairoa wherever they may now live.