Ngati Mutunga Deed of Settlement
|Date: ||31 July 2005|
|Sub Category:||Deed of Settlement (New Zealand)|
|State/Country:||Aotearoa - New Zealand|
|Payments:||Financial and Commercial Redress (New Zealand) - New Zealand Government ($14.9 million)|
|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 Ngati Mutunga was completed on the 31 July 2005. The settlement includes a formal acknowledgement by the Crown of the breaches of the Treaty of Waitangi and its principles, and a Crown apology to Ngati Mutunga. Cultural redress in the form of relationship protocols between the Ngati Mutunga and government departments, 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 Ngati Mutunga arising from breaches by the Crown is also recognised with the aim of providing them with resources to assist development of their economic and social well-being.
The benefits of the Deed of Settlement will be available to all members of Ngati Mutunga wherever they may live, and once passed into law will be a fair and final settlement for all of Ngati Mutunga's historical 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: |
|Ngati Mutunga made specific claims concerning the actions of the Crown in purchasing land that contributed to the outbreak of war, the deprivation of lands and resources, breaches of human rights and other land dealings.
The Settlement provides an acknowledgment and apology by the Crown: ‘for past dealings that breached the Crown’s obligations under the Treaty of Waitangi. These include the Taranaki wars, the confiscation of land, and the cumulative effects of these events, which have had a devastating effect on the welfare, economy and social and economic development of Ngati Mutunga in Taranaki.’
In order to restore Ngati Mutunga with access to traditional foods and gathering areas, Ngati Mutunga will be appointed as an Advisory Committee to the Minister of Fisheries to provide advice on management and customary interests. In addition, there is a right to use an entitlement at the Uruti Domain Site for non-commercial fishing and gathering of natural resources for up to 210 days a year.
Seventeen statutory acknowledgements are provided for by the Ngati Mutunga Settlement. These register the special association Ngati Mutunga have with certain areas, and require that consent authorities provide the Ngati Mutunga with summaries of all resource consent applications that may affect such areas.
In addition, there will be 12 Deeds of Recognition which oblige the Crown to consult with Ngati Mutunga regarding specific sites with which the Ngati Mutunga have a special association.
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. Parties to the Deed include Ngati Mutunga, the Ministry of Economic Development, the Ministry of Fisheries, the Ministry for Culture and Heritage, Land Information New Zealand and the Department of Conservation.
Ten areas of special significance to the Ngati Mutunga 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 Ngati Mutunga with resources to assist it to develop its economic and social well-being.
Ngati Mutunga will receive $14.9 million in settlement, and will purchase the Uruti School and Urenui School out of these funds, and will lease them back to the Crown. Ngati Mutunga will also have, for a period of 50 years following the passage of settlement legislation, a Right of First Refusal to buy any properties in a certain area currently owned by the Crown which becomes surplus.
Dion Tuuta, Jamie Tuuta, Hurimoana (Paddy) Haami, Lewis Callaghan, Miriama Evans, Pikiteataarangi Tapara and Ewai Tuuta are mandated representatives of the Ngati Mutunga for the settlement of the historical claim between the Ngati Mutunga and the New Zealand Government. |