Ngati Whakaue Deed of Agreement
|Date: ||23 September 1993|
|Sub Category:||Deed of Settlement (New Zealand)|
|State/Country:||Aotearoa - New Zealand|
|Payments:|| - New Zealand Government to Railcorp for land transferred to Ngati Whakaue ($5,000,000)Negotiating costs - New Zealand Government ($210,000)|
|Subject Matter:||Compensation | Cultural Heritage | Land Management | Land Settlement | Land Use | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Ngati Whakaue Deed of Agreement (the Deed) is between the Minister of Justice on behalf of the Crown, Pukeroa-Oruawhata Trustees and Proprietors of Ngati Whakaue Tribal Lands Inc for and on behalf of the People of Ngati Whakaue. It was signed by the Hon Douglas Graham on behalf of the Crown, by Hamilton Manaia Pihopa Kingi, Malcolm Tukino Short, John David Rangitauira, Stuart Rotohiko Te Haupapa Harris, James Alexander Wilson and Andrew Shane Gibbons for and on behalf of Pukeroa-Oruwhata Trustees, through the affixing of the common seal of Ngati Whakaue Tribal Lands Inc in the presence of its Committee of Management.
This Deed settles the claims brought by Ngati Whakaue to the Waitangi Tribunal in 1989 relating to Crown breaches of the Treaty of Waitangi, specifically by breaching the terms of the agreement governing the settlement of Rotorua. The redress under this Deed comprises a range of measures including the vesting of certain land in Ngati Whakaue, the representation of Ngati Whakaue on the boards of certain statutory bodies and a contribution to the legal costs of Ngati Whakaue.
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, is accompanied by a statute implementing the settlement. For more detailed information, see 'Deed of Settlement' below.
|Detailed Information: |
The claim before the Waitangi Tribunal alleged that the Crown breached the Fenton Agreement and the Thermal Springs Districts Act 1881. The Fenton Agreement was made between the Crown and the hapu Te Arawa (which includes Ngati Whakaue) to enable the settlement of Rotorua. The legislation was passed to implement the Agreement.
Ngati Whakaue agree that this Deed will settle fully and finally the Crown’s breaches of the Fenton Agreement and the Thermal Springs Districts Act 1881 and release the Crown from liability in respect of those claims. Specifically, these claims are that:
Ngati Whakaue were adversely affected by Crown land transactions, particularly the acquisition of the Rotorua High School endowment land and its subsequent alienation;
the Crown did not satisfy its obligations as agent for Ngati Whakaue in relation to the leasing scheme for Rotorua;
the Crown has dealt with lands gifted by Ngati Whakaue in a manner inconsistent with the terms of the gift;
Ngati Whakaue have been denied free hospital treatment; and
the Crown did not compensate Ngati Whakaue for the confiscation of their land for a railway.
The Deed notes that there are several other claims before the Waitangi Tribunal in which Ngati Whakaue might have an interest.
An outstanding issue which is not resolved by the Deed is whether the Crown will agree that certain land which Ngati Whakaue gifted to the Crown not be alienated without the written permission of Ngati Whakaue. The Deed expressly states that Ngati Whakaue retain the right to bring a claim to the Waitangi Tribunal if the Crown alienates any of this land without seeking its permission first.
The Crown agrees to introduce legislation so that six members of the board administering the Rotorua High School endowment land shall represent Ngati Whakaue and to amend the purpose of the endowment (see Reserves and Other Lands Disposal Act 1995 (NZ)).
The general approach of the Crown to dealing with land which has been donated by Maori for a specific purpose has not been decided at the time of this Deed. The Crown commits to investigating the Ngati Whakaue claims as soon as the general approach is determined and this is not affected by this Deed.
Ngati Whakaue agree to pay the usual hospital fees.
The Crown agrees to transfer certain blocks of land to Pukeroa-Oruawhata Holdings Ltd for the benefit of Ngati Whakaue in settlement of the claim. The Crown will reimburse Railcorp for the cost of the land, up to $5 million (which is counted as part of the cost of the Crown settlement with Ngati Whakaue).
The Crown agrees to investigate the possibility of ensuring that two members of the Board of the New Zealand Maori Arts and Crafts Institute represent Ngati Whakaue.
The Crown also agrees to pay up to $210,000 to the Pukeroa-Oruawhata Trust for the costs of negotiating this claim.