Te Uri o Hau Deed of Settlement
|Date: ||13 December 2000|
|Sub Category:||Deed of Settlement (New Zealand)|
|Place:||Northern Kaipara Region|
|State/Country:||Aotearoa - New Zealand|
|Subject Matter:||Cultural Heritage | Environmental Heritage | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests | Reconciliation|
|Summary Information: |
|The Deed of Settlement between the Crown and Te Uri o Hau was made complete on the 13 December 2000. The settlement includes a formal acknowledgement by the Crown of breaches of the Treaty of Waitangi and its principles, and a Crown apology to Te Uri o Hau. Cultural redress in the form of restoring access to traditional foods and food gathering areas as well as recognition of traditional, historical, cultural and spiritual associations with places is also included. Economic loss suffered by Te Uri o Hau arising from breaches by the Crown is also recognised with the aim of providing Te Uri o Hau with resources to assist it to develop its economic and social well being.
The benefits of the Deed of Settlement will be available to all members of Te Uri o Hau wherever they may live, and once passed into law will be a fair and final settlement for all Te Uri o Hauís historical claims or claims prior to the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
A Deed of Settlement is reached once a claim has been registered with the Waitangi Tribunal and has completed the settlement process of negotiation, ratification and execution, and in most circumstances, accompanied by a statute implementing the settlement. For more detailed information, see 'Deed of Settlement' below.
|Detailed Information: |
|Te Uri o Hau made specific claims concerning the actions of the Crown in reviewing land purchases prior to 1840; Crown land purchases; the operations of the Native Land Court in the 19th century; and land administration structures and practices in the 20th century.
In addressing these issues the Crown apologised and accepted that it had a duty under the Treaty of Waitangi to act in utmost good faith toward Maori; to ensure Maori retained sufficient land for sustenance and growth; and to ensure European settlement occurred in an orderly fashion. It further acknowledged that the alienation of Maori land caused a significant loss of land to some Maori communities, was responsible for the removal of a key resource, and contributed to community dispersal.
In order to restore Te Uri o Hau with access to traditional foods and gathering areas, Te Uri o Hau will be appointed as an Advisory Committee to the Minister of Fisheries to provide advice on management and customary interests. A Right of First Refusal to buy portions of surplus Crown quota for various species of fish and crustaceans has been given as well as a commitment to consider restrictions on eel fishing methods, and create regulations and management for customary food-gathering of oysters in reserves. An area of up to one hectare of Crown-owned land near a waterway will be offered for up to 210 days a year for Te Uri o Hau to access traditional sources of food in the Pouto and Kahuparere Stewardship Areas.
In recognising and protecting Te Uri o Hauís traditional, historical, cultural and spiritual associations with places, areas of Crown land that have special value associated with them will be acknowledged in the settlement legislation. Deeds of Recognition will oblige the Crown to consult and have regard to Te Uri o Hauís association with specific areas, and additional status will be give to some existing conservation areas of interest (kirihipi) in order to protect and enhance their value.
The Deed of Settlement establishes protocols to ensure good working relationships between parties and commits to the renaming of specified places so that they will have an official Maori name in the future.
Eleven areas of special significance to Te Uri o Hau on Crown-owned land will be returned, and a variety of arrangements will ensure the ongoing protection of values associated with the areas.
This element of the Deed of Settlement is aimed at recognising the economic loss suffered from breaches by the Crown of its Treaty obligations and provides Te Uri o Hau with resources to assist it to develop its economic and social well being.
A combination of Crown-owned land, selected by Te Uri o Hau, and cash up to the value of $15.6 million will be transferred under the settlement. Te Uri o Hau will also have, for a period of 50 years following the passage of the settlement legislation, a Right of First Refusal to buy any properties in a certain area currently owned by the Crown which become surplus.|