Ngati Awa Deed of Settlement
|Date: ||27 March 2003|
|Sub Category:||Deed of Settlement (New Zealand)|
|Place:||Eastern Bay of Plenty|
|State/Country:||Aotearoa - New Zealand|
|Subject Matter:||Compensation | Cultural Heritage | Land Settlement | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Ngati Awa Deed of Settlement details the formal Crown offer to settle all of Ngati Awa’s historical claims against the Crown. These relate generally to the confiscation of land, the compensation process and the operation and impact of native land laws. Negotiations on a settlement began in 1995, and were made complete on 27 March 2003. The settlement includes a formal acknowledgement by the Crown of breaches of the Treaty of Waitangi and its principles, and a Crown apology. Cultural, financial and commercial redress are also included in the settlement which will benefit all members of Ngati Awa, wherever they live.|
|Detailed Information: |
The Crown apologised to Ngati Awa for past dealings that breached the Crown’s obligations under the Treaty of Waitangi including the confiscation of land, the compensation process, the operation and impact of the native land laws and the cumulative impact of these events on Ngati Awa, which undermined traditional tribal structures and left Ngati Awa virtually landless.
In recognising the traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within the rohe of Ngati Awa the Crown will protect and enhance the conservation values of certain areas and sites.
Statutory Acknowledgements will register the special association Ngati Awa has with an area, and Deeds of Recognition will require the Crown to consult Ngati Awa and have regard for their views regarding the special association.
The Deed also provides for the establishment of protocols to promote good working relationships between Ngati Awa and the Ministry of Fisheries, the Department of Conservation and the Ministry of Culture and Heritage on matters of cultural importance to Ngati Awa.
Three official place-name changes have been agreed, and seven areas of special significance will be returned to Ngati Awa. In addition, the Crown will gift Ngati Awa land under the Whakatane Airport if it ever ceases to be an airport, and $1 million to assist in the redevelopment of the Mataatua meeting house complex.
In order to restore Ngati Awa access to traditional foods and food gathering areas, Ngati Awa will be appointed as an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. In addition Ngati Awa members will have a preferential right to purchase up to 5% of the coastal marine area, within a specified part of the Ohiwa Harbour, if it is offered by public tender.
Camping licences or Nohoanga were also agreed to over an area of up to one hectare near a waterway that gives access to traditional food gathering areas. The Camping licences will not impede existing public access to or along the waterway, but Ngati Awa members will have and exclusive right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year.
Financial and Commercial Redress
This redress recognises the economic loss suffered by Ngati Awa arising from breaches by the Crown of its Treaty of Waitangi obligations. It aims to provide Ngati Awa with resources to assist it to develop its economic and social well being. It includes a combination of cash and Crown-owned land up to a value of $42.39 million, and the Right of First Refusal, for a period of 50 years, to buy, at market value, certain surplus Crown-owned properties in their area of interest.
Awanuiarangi II Title
The Deed of Settlement provides that Ngati Awa may hold any land in a new category of land title (Awanuiarangi II Title). Ngati Awa may declare settlement properties held under Awanuiarangi II Title to also be Protected Land.
Ngati Awa have already received the following in part-settlement of their historical claims:
- Ngati Awa Station (1990);
- The Mataatua meeting house (1996);
- A statutory pardon from the Crown in 1988 for those who were arrested, tried and labelled as rebels and in respect of all matters arising out of the land wars in 1865.
Ngati Awa Ancillary Claims
On the recommendation of the Waitangi Tribunal in 1999, the Crown also intends to settle separately, three ancillary claims including Awakeri Springs, Waiohau C26 block, and Rangitaiki 60C block.|