General policy statement
records the acknowledgements and apology given by the Crown to the iwi and hapū of Te Rohe o Te Wairoa in the Deed of Settlement (the Deed) dated 26 November 2016 between the Crown and the iwi and hapū of Te Rohe o Te Wairoa; and
gives effect to the Deed in which the Crown and the iwi and hapū of Te Rohe o Te Wairoa agree to a final settlement of all historical Treaty of Waitangi claims of the iwi and hapū of Te Rohe o Te Wairoa.
Scope of settlement
The iwi and hapū of Te Rohe o Te Wairoa comprise approximately 25 533 members (2013 Census). The area of interest of the iwi and hapū of Te Rohe o Te Wairoa covers northern Hawke’s Bay and southern Tūranga, and encompasses the township of Wairoa, Lake Waikaremoana, and the Mahia peninsula. The iwi and hapū of Te Rohe o Te Wairoa is one of 6 large natural groups negotiating the settlement of the historical Treaty of Waitangi claims of Ngāti Kahungunu. Ngāti Kahungunu is the third-largest tribal group in New Zealand.
Clause 13 of this Bill defines the iwi and hapū of Te Rohe o Te Wairoa.
The settlement settles all of the historical claims of the iwi and hapū of Te Rohe o Te Wairoa. These claims include all claims that are, or are founded on, a right arising—
from the Treaty of Waitangi or its principles; or
at common law (including aboriginal title or customary law); or
from a fiduciary duty; or
that arise from, or relate to, acts or omissions before 21 September 1992—
by or on behalf of the Crown; or
The Crown is released and discharged from all obligations and liabilities in respect of those claims.
History of the claim
Treaty of Waitangi claims against the Crown were lodged by members of the iwi and hapū of Te Rohe o Te Wairoa in the early 1980s as part of the Waitangi Tribunal Wairoa Inquiry District (stretching from Tūranganui-a-Kiwa to Mōhaka).
In 2002, a group of iwi and hapū with interests across the Wairoa Inquiry District came together to discuss how collectively to resolve historical Treaty of Waitangi claims against the Crown. This group was initially known as The Wairoa Inquiry District Working Group and was later renamed Te Tira Whakaemi o Te Wairoa (Te Tira).
After an extensive consultation process over the next 3 years, the iwi and hapū decided to progress through direct negotiations with the Crown.
In 2005, Te Tira began the process to formally seek a mandate to settle the historical grievances of Te Wairoa.
The historical claims of the iwi and hapū of Te Rohe o Te Wairoa against the Crown relate to the loss of the vast majority of their rohe and intense military campaigns resulting in the loss of life and property. By 2001, nearly 90% of the members lived outside the Wairoa rohe. Many of those who remain in the area suffer from serious socio-economic deprivation.
Negotiations and ratification process
The Crown recognised the mandate of Te Tira to represent the iwi and hapū of Te Rohe o Te Wairoa in Treaty settlement negotiations on 4 February 2011. Terms of negotiation were signed on 12 June 2012 and the Crown and Te Tira signed an Agreement in Principle on 11 June 2014
On 25 May 2016, Te Tira and the Crown initialled a deed. The Deed and the iwi and hapū of Te Rohe o Te Wairoa post-settlement governance entity, Tātau Tātau o Te Wairoa Trust, were ratified in July and August 2016, through a 6-week ratification process and ten hui.
Of the total eligible voting population, 56% participated in the ratification process. The Deed and the post-settlement governance entity were approved by 97% and 89% of eligible voters respectively. The Deed was signed on 26 November 2016.
Summary of settlement
The Deed will be the final settlement of all the historical Treaty of Waitangi claims of iwi and hapū of Te Rohe o Te Wairoa resulting from acts or omissions by the Crown before 21 September 1992. This Bill contains provisions related to settlement redress that require legislation for their implementation. Other aspects of the settlement are provided for only in the Deed because they do not require legislative authority.
This Bill contains the typical features of a Treaty settlement Bill as set out in the clause by clause analysis. The unique aspects of the Bill include—
the establishment of Te Rohe o Te Wairoa Reserves Board-Matangirau to administer and manage a mix of Crown and Wairoa District Council-owned reserves; and
a statutorily required partnership agreement between Tātau Tātau o Te Wairoa Trust and Te Urewera Board.
Key aspects of redress in the Deed that do not appear in provisions of this Bill include—
a social and economic revitalisation strategy; and
letters of introduction to Wairoa District Council and Hawke’s Bay Regional Council; and
a tripartite relationship agreement between Tātau Tātau o Te Wairoa Trust, Wairoa District Council, and Hawke’s Bay Regional Council; and
a relationship agreement with the Ministry for the Environment; and
a partnership agreement with the Department of Conservation; and
a letter of commitment with the Department of Internal Affairs and the Museum of New Zealand Te Papa Tongarewa; and
a total financial and commercial settlement package to the value of $100 million. Of this total, $5,000,000 has been paid as an on-account. The remainder ($88,964,250) will be transferred to the post-settlement governance entity on settlement date along with interests in Patunamu Forest licensed land (valued at $2,465,750) and Wharerata Forest Limited (valued at $3,570,000).
The benefits of the settlement will be available to all members of the iwi and hapū of Te Wairoa, wherever they live.
Removal of courts’ jurisdiction and of resumptive memorials
The iwi and hapū of Te Rohe o Te Wairoa and the Crown have agreed to the removal of the jurisdiction of the courts and the Tribunal in respect of the iwi and hapū of Te Rohe o Te Wairoa historical claims, the deed, the settlement redress, and this Bill (but not in respect of the interpretation or implementation of the deed or Bill).
Resumptive memorials no longer apply—
to a deferred selection property (other than a deferred selection property that is also Right of First Refusal land) on and from the date of its transfer under section 79; or
to the Right of First Refusal land; or
for the benefit of the iwi and hapū of Te Rohe o Te Wairoa or a representative entity.