Background Historical Background Deed of Settlement Questions and Answers

Questions and Answers What is the total cost to the Crown of settlement redress? $2.65 million for the settlement of historical claims, plus the cost of Tahae Farm and the stewardship land. In addition, the Pouakani People received interest on the redress from the date of the signing of the Deed of Settlement until the settlement date. Is there any private land involved? No. Are public rights affected? No. What is a Statutory Acknowledgement? A Statutory Acknowledgement indicates an area or site on Crown-owned land with which Maori communities have a special cultural, spiritual, historic or traditional association. It places notification requirements on local bodies when considering resource consent applications. This instrument aims to avoid past problems with land development for roading and other purposes when areas of significance to iwi or hapu, such as burial grounds, were simply cleared or excavated without either permission or consultation. It does not give a Maori community any specific property rights. What is a Statement of Joint Aspirations? The Statement of Joint Aspirations is a new Treaty settlement instrument designed to recognise in legislation the aspirations of both the Pouakani People and the Crown to: preserve Titiraupenga Mountain in its natural state; preserve native plants and animals; exterminate as far as possible introduced plants and animals; and preserve wahi tapu areas and the sites and objects having archaeological, historical, spiritual or cultural significance. What happens to resumptive memorials on certificates of title? The settlement removes the statutory restrictions (memorials under s27 of the State- owned Enterprises Act 1986) placed on the title of State Owned Enterprise properties when they transferred from the Crown and such memorialised properties that are now in private ownership. Does the Settlement create any special rights for the Pouakani People? No new rights are being created. Provisions in relation to conservation, such as Statutory Acknowledgments, give practical effect to existing provisions of Section 6 of the Resource Management Act and Section 4 of the Conservation Act that provide for Maori participation in conservation and environmental planning matters. Do the Pouakani People have the right to come back and make further claims about the Crown's dealings with them in the 19th and 20th Centuries? 8.1   Both parties have agreed that the settlement is a final settlement of the historical claims (pre 21 September 1992) of the Pouakani People; and the Pouakani Block boundary claims The settlement legislation prevents the Pouakani People from re-litigating these claims before the Waitangi Tribunal or the Courts. 8.2   Both parties have agreed that any Pouakani claims to the Waikato River have not been settled and will be dealt with separately along with the claims of other groups to the Waikato River. 8.3   The Pouakani People retain the right to bring claims against the Crown for acts or omissions after 21 September 1992 (except in relation to the Boundary claims which are settled). Are the Pouakani People's existing aboriginal title or customary rights affected by this settlement? No. Any existing rights that the Pouakani People may have to aboriginal title or under customary law are not affected in any way. However, the settlement legislation extinguishes any claims of the Pouakani People based on such rights relating to acts or omissions of the Crown prior to 1992 (except any claims to the Waikato River). Who benefits from the settlement? All members of the Pouakani People, wherever they may now live. The settlement will be managed by a new body set up by the Pouakani people, Te Putahitanga o Nga Ara Trust. Does the settlement affect the Native Forest Restoration Trust's proposal to restore a large tract of the Pureora Forest to native totara forest? No final decision on whether the restoration proposal should proceed has been made. If the Pouakani People purchase the forest, this will not preclude the restoration project going ahead at some later time, but the rights of the Pouakani People as a private owner would have to be taken into consideration.   PREVIOUS | CONTENTS | NEXT

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