Deed of Settlement between the Crown and Ngati Tama
 
Hon Margaret Wilson
Minister in Charge of Treaty of Waitangi Negotiations

Questions and Answers

  1. What is the total cost to the Crown?

    $14.5 million plus interest from the date of the signing of the Deed of Settlement plus the cost of the land returned under 2 (e).

  2. Is there any private land involved?

    No

  3. Are the public's rights affected?

    Generally no, but

    Some small parcels of land of historic significance to Ngati Tama (including Pa sites) totalling just over 10 hectares will be returned to the iwi. The remaining Crown land transferred to Ngati Tama is subject to the preservation of conservation values and public access.

  4. What is a Statutory Acknowledgement?

    These acknowledge areas or sites with which claimant groups have a special relationship and will be recognized in any proceedings 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 claimant groups, such as burial grounds, were simply cleared or excavated without either permission or consultation. It does not give claimant groups any specific property rights.

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

  5. What about Mt Taranaki?

    Because of the significance of the mountain to all eight Taranaki iwi the question of an apology and redress for the unjust confiscation of the mountain is to be deferred until all eight 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.

  6. Are any National Parks affected in the Settlement?

    No

  7. What happens to memorials on private titles?

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

  8. Does the Settlement create any special rights for Ngati Tama?

    No new rights are being created. Provisions in relation to conservation, such as Statutory Acknowledgements, 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.

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

    No. Now the Deed of Settlement has been ratified by Ngati Tama and once it is passed into law, both parties agree that it will be a fair and final settlement for all Ngati Tama's historical or pre 1992 claims. The settlement legislation, once passed, will prevent Ngati Tama from re-litigating the claim before the Waitangi Tribunal or the Courts.

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

  10. Does Ngati Tama gain any rights to petroleum under the settlement?

    The Deed of Settlement settles all of Ngati Tama's historical claims against the Crown in Taranaki, including any historical claims regarding petroleum. The Deed does not preclude Ngati Tama 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.

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

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

  12. What happens next?

    The Deed of Settlement is the formal Crown offer to Ngati Tama for final settlement of all historical or pre-1992 claims relating to the acts or omissions of the Crown in Taranaki. The Deed of Settlement is legally binding and subject only to the establishment of a suitable governance entity and the passage of the settlement legislation through Parliament.

  13. Who benefits from the settlement?

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

    ENDS



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