Hauai Deed of Settlement
|Date: ||30 October 1993|
|Sub Category:||Deed of Settlement (New Zealand)|
|Place:||Bay of Islands|
|State/Country:||Aotearoa - New Zealand|
|Alternative Names:||Deed of Settlement in the Matter of the Treaty of Waitangi Act 1975|
|Payments:||Financial and Commercial Redress (New Zealand) - New Zealand Government ($776,438)|
|Subject Matter:||Compensation | | Land Management | Land Settlement | Land Use | Mining and Minerals | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|Summary Information: |
|The Hauai Deed of Settlement (the Deed) was signed by George Hakaraia of Russell and Matutaera Clendon of Manurewa on behalf of themselves and the other Trustees of the Hauai Trust (the Trust), and by the Hon Douglas Graham on behalf of the Crown.
The Deed settles the claims brought by the Trust to the Waitangi Tribunal in 1991 relating to Crown breaches of the Treaty of Waitangi, specifically by failing to honour an earlier agreement to assist the Trust with a residential housing development. The redress under this Deed comprises a range of measures including the vesting of certain land in the Trust, the protection of a certain wahi tapu (sacred) site at Hauai and a contribution to the costs of the Trust.
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: |
In 1971 the Trust proposed to subdivide approximately 25 hectares of land it held on the Hauai Peninsula (Bay of Islands). The Trust intended to develop it for housing. The Crown was opposed to this plan, preferring to make the land into a public reserve. The Crown proposed a land swap and the Trustees agreed, although they felt pressured. Accordingly, the Hauai Peninsula was reserved and the Trustees were granted title to Felix Farm (28.2 hectares) in Whangarei and three sections of beach in Auckland. It was envisaged that the sale of the beach blocks would cover the expenses the Trust had incurred in seeking to subdivide the Hauai land and fund the subdivision of Felix Farm (and the Crown agreed to make up any shortfall). The transfer was effected pursuant to orders made in the Maori Land Court in 1977.
The beach blocks were sold but for considerably less than the Crown anticipated. In 1978, the local Council became concerned about the possibility of subsidence (due to coal mining) in the area which included Felix Farm. This made Felix Farm unsuitable for residential development. The Crown refused to meet the shortfall from the sale of the beach blocks, and rejected liability for the problems with Felix Farm.
Negotiations to achieve a settlement before the Maori Land Court were unsuccessful. In 1991 the Trust brought a claim before the Waitangi Tribunal. Following further negotiations the present settlement was reached. The Trust agrees that this Deed will settle fully and finally their claim and release the Crown from liability in respect of it.
Redress under this agreement includes land and cash. The Crown agrees to vest a block of land on the Hauai Peninsula in the Trust, removing its status as a reserve, and vest Felix Farm in the Crown. A wahi tapu area is to be removed from the general reservation and held by the Trust for its protection, subject to an easement to allow a walkway for public access to the coast. The vesting of land and the changes to its status as a reserve requires implementing legislation.
The Crown agrees that it will not oppose any planning applications relating to the residential subdivision of the Hauai land under this agreement.
The Crown agrees that the Trust keep the proceeds from the sale of the beach blocks ($54,500). The Crown agrees to pay the Trust $21,938, representing the difference between the expected and the actual sale price of the beach blocks. In addition the Crown will make an ex gratia payment of $350,000 to the Trust, plus $135,000 for the expenses (other than legal expenses) of the Trust so far, and a contribution of $90,000 to the legal expenses of the Trust. The Crown also agrees to pay the arrears of rates on Felix Farm ($100,000) and a further $25,000 to the Trust in reimbursement of future expenses incurred in initiating the residential development.
|The Hauai block was vested in the Trust and its reservation revoked, the wahi tapu area protected, and Felix Farm vested in the Crown, under the Reserves and Other Lands Disposal Act 1995 (NZ).|