Deed of Settlement between the Crown and Ngati Ruanui
Deed of Settlement between the Crown and Ngati Ruanui

 

General Background

Historical Background

Deed of Settlement

Commercial Redress

Questions and Answers

Questions and Answers

  1. What is the total cost to the Crown?

    $41 million plus interest from the date of the signing of the Deed of Settlement plus the minimal cost of the land returned under 1 (f).

  2. Is there any private land involved?

    No

  3. Are the public's rights affected?

    Generally, no, but

    • Camping licence sites or Ukaipo, which are similar to other concessions granted by the Department of Conservation, will be for the exclusive use of Ngati Ruanui for up to 210 days a year. Each site is up to 1 hectare in size and there are a total of 2 sites. This does not affect public access to waterways.
    • Approximately 10 hectares of land currently protected under conservation legislation will be transferred to Ngati Ruanui.

  4. What is a Camping licence or Ukaipo?

    It is a licence to occupy temporarily a piece of land of up to one hectare near a traditional Ngati Ruanui food gathering area. It is set back from the marginal strip and does not impede public access to or along a waterway. It is the same concept as a Nohoanga in the Ngai Tahu settlement.

  5. What is a Special Area or Taki Poipoiia o Ngati Ruanui?

    A Special Area classification recognises the cultural, spiritual and historical values of a site or area. It gives Ngati Ruanui the right to be consulted in the management of an area or site but does not override existing classifications or protections, such as National Park status. It is the same concept as a Topuni in the Ngai Tahu settlement.

  6. What are Statutory Acknowledgements?

    These acknowledge areas or sites with which Maori communities have a special relationship and will be recognized in any proceedings in relation to those areas under the Resource Management Act. This provision aims to avoid past problems with land development for roading and other purposes when areas of significance to Maori, such as burial grounds, were simply cleared or excavated without either permission or consultation. It is not a specific property right.

    A Deed of Recognition sets out an agreement between the administering Crown body (The Minister of Conservation or the Commissioner of Crown Lands) and a Maori community, that recognises the community's special association with a site as stated in a Statutory Acknowledgement and specifies the nature of their input into the management of the site.

  7. Are any place names changed?

    One existing place name will be changed (Mangimangi Stream to Mangemange Stream) and three sites currently without names will receive them (Whitikau, Maraeroa and Te Ramanui).

  8. What about Mt Taranaki?

    Because of the significance of the mountain to all iwi of Taranaki, the question of an apology and redress for the unjust confiscation of the mountain and any other breaches is to be deferred until all iwi are in a position to negotiate. Redress in relation to the mountain will consist of an apology and cultural redress. No further financial or commercial redress will be involved.

  9. Are any National Parks affected in the Settlement?

    No.

  10. What happens to memorials on private titles?

    The settlement will remove the legislative restrictions (memorials) placed on the title of State Owned Enterprise properties and some State Owned Enterprise properties now in private ownership.

  11. Does Ngati Raunui gain any rights to petroleum under the settlement?

    The Deed of Settlement settles all of Ngati Ruanui's historical claims against the Crown, including any historical claims regarding petroleum. The Deed does not preclude Ngati Ruanui from participating in any future changes to the petroleum management regime to recognise the Crown's contemporary obligations to Maori under the Treaty regarding natural resources.

  12. Will there be separate settlements for Tangahoe and Pakakohi?

    Tangahoe and Pakakohi are generally considered to be groups within Ngati Ruanui and their claims are covered by the Deed of Settlement.

  13. Does the Settlement create any special rights for Ngati Ruanui?

    No new rights are being created. Provisions in relation to conservation, such as Statutory Acknowledgements and Special Areas, give practical effect to existing provisions of both the Resource Management Act - section 6 - and the Conservation Act - section 4 - which provide for Maori participation in conservation and planning matters.

  14. Does Ngati Ruanui have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th Centuries?

    No. Both parties agree the Deed of Settlement is a fair and final settlement for all Ngati Ruanui's historical or pre 1992 claims in the Taranaki area. The settlement will prevent Ngati Ruanui from re-litigating the claim before the Waitangi Tribunal or the courts.

    The settlement package will still allow Ngati Ruanui or members of Ngati Ruanui to pursue claims against the Crown for acts or omissions after 21 September 1992, including claims based on the continued existence of aboriginal title or customary rights. The Crown also retains the right to dispute such claims or the existence of such title rights.

  15. What about the Taranaki Claims Settlement Act of 1944? Wasn't that final?

    The settlement of 1944 was made unilaterally, without agreement with Ngati Ruanui. The iwi of Taranaki have never regarded the 1944 Act as adequate redress for Treaty breaches. The Crown also accepts that compensation under the Act was inadequate.

  16. Who benefits from the settlement?

    All members of Ngati Ruanui, wherever they may now live.


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