Ngāti Pāhauwera Treaty Claims Settlement Act 2012

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Reprint as at 1 January 2014

Ngāti Pāhauwera Treaty Claims Settlement Act 2012

Public Act2012 No 30
Date of assent5 April 2012
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

1 Title

2 Commencement

Part 1
Preliminary matters

Subpart 1Preliminary provisions and acknowledgements and apology

3 Purpose

4 Act binds the Crown

5 Outline

Acknowledgements and apology

6 Acknowledgements and apology

7 Acknowledgements by the Crown

8 Apology

9 Acceptance of apology

Subpart 2Interpretation

10 Interpretation of Act generally

11 Interpretation

12 Meaning of Ngāti Pāhauwera

13 Meaning of historical claims

Subpart 3Settlement of historical claims

Historical claims settled and jurisdiction of courts, etc, removed

14 Settlement of historical claims final

Consequential amendment to Treaty of Waitangi Act 1975

15 Amendment to Treaty of Waitangi Act 1975

Protections no longer apply

16 Certain enactments do not apply

17 Removal of memorials

Subpart 4Other matters

Perpetuities

18 Rule against perpetuities does not apply

Timing of actions or matters

19 Timing of actions or matters

Access to deed of settlement

20 Access to deed of settlement

Part 2
Cultural redress

Subpart 1Te Heru o Tūreia

21 Interpretation

22 Te Heru o Tūreia

23 Gifting of Te Heru o Tūreia Gift Area

24 Te Heru o Tūreia (Area B)

25 Nakunaku

Subpart 2Vesting of other cultural redress properties

26 Interpretation

Sites vested in fee simple

27 Takauere

28 Ononi

29 Te Kuta

Sites vested in fee simple subject to conservation covenant

30 Tauwhareroa

31 Kuwatawata

32 Ngākōauau (Area A)

33 Paaka Te Ahu

34 Bed of Lake Rotongaio

35 Bed of part of Lake Rotoroa

Sites vested in fee simple to be administered as scenic reserves

36 Mangawhārangi

37 Ngākōauau (Area B)

38 Tānga Kākāriki

39 Pūtere

Site vested in fee simple to be administered as local purpose reserve

40 Raupunga Reserve

Subpart 3General provisions relating to vesting of cultural redress properties

General provisions

41 Properties vest subject to, or together with, encumbrances

42 Registration of ownership

43 Application of Part 4A of Conservation Act 1987

44 Recording application of Part 4A of Conservation Act 1987

45 Application of other enactments

46 Application of New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 to certain sites

Further provisions relating to bed of Lake Rotongaio and bed of part of Lake Rotoroa

47 Lawful access or use, and recreational activities, in relation to lakes

48 Existing structures in or on lakebeds

49 Determination of matters relating to existing structures

50 Liability for existing structures

51 New structures require consent

52 Authorisations not affected

Provisions relating to reserve sites

53 Application of Reserves Act 1977 to reserve sites

54 Subsequent transfer of reserve land

55 Reserves not to be mortgaged

56 Saving of bylaws, etc, in relation to reserve sites

Subpart 4Extraction of hāngi stones

57 Interpretation

58 Restriction on extraction of relevant hāngi stones

59 Trustees' consent

60 Appointment of tangata tiaki

61 Regulations relating to tangata tiaki

Subpart 5Redress relating to fisheries and resource management matters

Nominations for special tribunal relating to Water Conservation (Mohaka River) Order 2004

62 Nominations for special tribunal in relation to Water Conservation (Mohaka River) Order 2004

Advisory committee

63 Appointment of advisory committee in relation to Mohaka River and Wairoa Hard

Amendment to Hawke's Bay Regional Resource Management Plan

64 Amendment to Hawke's Bay Regional Resource Management Plan

65 Provision of certain resource consents to trustees of Ngāti Pāhauwera Development Trust

Subpart 6Statutory acknowledgement

66 Interpretation

67 Statutory acknowledgement by the Crown

68 Purposes of statutory acknowledgement

69 Relevant consent authorities to have regard to statutory acknowledgement

70 Environment Court to have regard to statutory acknowledgement

71 Historic Places Trust and Environment Court to have regard to statutory acknowledgement

72 Recording statutory acknowledgement on statutory plans

73 Provision of resource consent applications to trustees of Ngāti Pāhauwera Development Trust

74 Use of statutory acknowledgement

75 Trustees of Ngāti Pāhauwera Development Trust may waive rights

General provisions relating to statutory acknowledgement

76 Exercise of powers and performance of duties and functions

77 Rights not affected

78 Limitation of rights

Amendment to Resource Management Act 1991

79 Amendment to Resource Management Act 1991

Subpart 7The Crown not prevented from providing other similar redress

80 The Crown not prevented from providing other similar redress

Part 3
Commercial redress

Subpart 1Transfer of commercial redress properties

81 The Crown may transfer properties

82 Revocation of reserve status

83 Registrar-General to create computer freehold register

84 Application of other enactments

85 Registrar-General to create computer freehold registers for licensed land

Subpart 2Licensed land

86 Licensed land ceases to be Crown forest land

87 Trustees of Ngāti Pāhauwera Development Trust are confirmed beneficiaries and licensors in relation to licensed land

88 Effect of transfer of licensed land

89 Public access to licensed land

90 Public right of way easement may be granted

Subpart 3Access to protected sites

91 Meaning of protected site

92 Right of access to protected site

93 Right of access subject to Crown forestry licence

94 Registrar-General must note right of access

Subpart 4Right of first refusal in relation to RFR land

Interpretation

95 Interpretation

96 Meaning of RFR land

Restrictions on disposal of RFR land

97 Restrictions on disposal of RFR land

Right of first refusal

98 Requirements for offer

99 Expiry date of offer

100 Withdrawal of offer

101 Acceptance of offer

102 Formation of contract

Disposals to others where land remains RFR land

103 Disposal to the Crown or Crown body

104 Disposal of existing public works to local authority

105 Disposal of reserve to administering body

Disposals if land may cease to be RFR land

106 Disposal in accordance with enactment or rule of law

107 Disposal in accordance with legal or equitable obligation

108 Disposal by the Crown under certain legislation

109 Disposal of land held for public works

110 Disposal for reserve or conservation purposes

111 Disposal for charitable purposes

112 Disposal to tenants

RFR landowner obligations

113 RFR landowner’s obligations under this subpart

Notices

114 Notice of RFR land with computer register after settlement date

115 Notice of disposals of RFR land to others

116 Notice of land ceasing to be RFR land

117 Notice requirements

Memorials for RFR land

118 Recording memorials on computer registers for RFR land

119 Removal of memorials when land to be transferred or vested

120 Removal of memorials when RFR period ends

General provisions

121 Waiver and variation

122 Disposal of Crown bodies not affected

123 Assignment of RFR right

Schedule 1
Ngāti Pāhauwera hapū

Schedule 2
Te Heru o Tūreia

Schedule 3
Other cultural redress properties

Schedule 4
Notices in relation to RFR land

Reprint notes


  • Preamble

    (1) The Treaty of Waitangi (Te Tiriti o Waitangi) was signed in 1840. The terms of the Treaty of Waitangi (Te Tiriti o Waitangi) in English and Māori are set out in Schedule 1 of the Treaty of Waitangi Act 1975:

    (2) Recitals (3) to (22) of this Preamble present, in summary form, the historical account set out in the deed of settlement entered into by Ngāti Pāhauwera and the Crown:

    Background

    (3) The Ngāti Pāhauwera confederation of hapū descend from ancestors who maintained long occupation (noho tūturu/ahi-kā-roa) and established the take whenua (rights to the land) and exclusive and other customary rights that have formed the basis of the Iwi tino rangatiratanga over the lands. Collectively, Ngāti Pāhauwera exercised customary interests in northern Hawke’s Bay. Their traditional boundary extended inland from the coast north of the Waihua River across to the Waiau River and followed its course to the headwaters in the Huiarau Ranges. From there the boundary extended across to Tātarakina (Te Haroto) and on to Puketītiri and from there across to Te Wai o Hinganga (Esk River) and followed its course to the sea:

    Pre-1865 transactions

    (4) In 1851, the Crown sought to purchase land in the Hawke’s Bay in response to growing settler interest. A Ngāti Pāhauwera chief, Paora Rerepu, heard Crown assurances about material benefits of land transactions and expressed a willingness to enter negotiations with the Crown:

    (5) The Crown acquired a large block of land between the Mohaka and Waikari rivers from Ngāti Pāhauwera in 1851. The Mohaka block included some of the more productive lands in the Ngāti Pāhauwera rohe. The price paid for the block reflected Crown policy to pay low prices for Māori land as a contribution towards the cost of developing the new colony. It also reflected an anticipation that economic opportunities for Māori would soon flow from proximity to European settlement. However, these benefits did not materialise:

    (6) Despite the 87 500 acre Mohaka block including pā, kāinga, cultivation sites, and important food gathering areas, the Crown reserved only 100 acres at Te Heru o Tūreia for the future use of Ngāti Pāhauwera. Te Heru o Tūreia was of paramount importance as a kāinga, mahinga kai, and the burial place of high-ranking Ngāti Pāhauwera ancestors, including Te Kahu o Te Rangi. The Crown nonetheless proceeded to acquire the reserve in 1859 from only a few of those involved in the original transaction:

    (7) The Mohaka transaction drew numerous petitions and other correspondence from Ngāti Pāhauwera in the late 19th and over the 20th century in relation to the purchase price, the sale of the reserve, and boundary issues:

    (8) In 1864, the Crown purchased the 21 000 acre Waihua block in the northern part of the Ngāti Pāhauwera rohe. This transaction confirmed an alliance between the Crown and Ngāti Pāhauwera in the lead up to the outbreak of war. No reserves were made for Ngāti Pāhauwera as a group. The surveyed boundary of the Waihua block was not the same as the boundary agreed in the purchase deed. As a result, an additional 1 152 acres was incorrectly included in the Waihua block. Although Ngāti Pāhauwera complained about this the Crown did not return the 1 152 acres or purchase the additional land from Ngāti Pāhauwera. Instead, the land was sold into private ownership:

    War

    (9) Ngāti Pāhauwera gave political support and substantial military assistance to the Crown after war broke out on the East Coast in 1865. Following a limited military conflict between Crown forces and Pai Mārire in the Napier area in 1866, the Crown confiscated all Māori land between the Waikari and Esk Rivers. This included lands in which Ngāti Pāhauwera held interests, even though they were not considered by the Crown to have been “rebels”:

    (10) Ngāti Pāhauwera were amongst those who took up arms alongside the Crown to pursue Te Kooti and his forces after they escaped from the Chatham Islands in 1868. At that time, the Crown maintained ammunition reserves at Mohaka. The Crown ignored warnings of a possible attack on communities at Mohaka. In April 1869, Ngāti Pāhauwera pā and kāinga were attacked by Te Kooti’s forces resulting in the killing of 56 Ngāti Pāhauwera men, women, and children, the wounding and taking of others as prisoners, and the destruction and looting of crops, property, and supplies. The survivors received little assistance from the Crown to aid their recovery, and like other civilians, received no compensation for their losses. The loss of their men, women, and children has been felt for generations by Ngāti Pāhauwera:

    Native Land Court

    (11) The Native Land Court was established principally to speed up the alienation of Māori land to open up lands for settlement. The Court was to determine the owners of Māori land “according to native custom” and convert customary title into title derived from the Crown. In 1868, Ngāti Pāhauwera sought to secure title to much of their land to the north of the confiscation area. At this time around 120 000 acres between the valleys of the Mohaka and Waiau Rivers remained in Ngāti Pāhauwera possession:

    (12) Land rights under customary tenure were generally communal but the new land laws gave rights to individuals with no provision for title to be held by the tribe as a whole. The Court awarded the blocks to 10 owners each and registered others with interests on the title. For three of these blocks the names of hapū rather than individuals were registered. This did not fully comply with the Native Lands Act 1867. This legal irregularity meant those lands could not be sold immediately, but caused significant problems for Ngāti Pāhauwera. Title for these blocks was litigated throughout the 19th century and resolved only by the early 20th century:

    Alienation

    (13) During the 1870s, Ngāti Pāhauwera suffered further land loss. By 1883, approximately half the land Ngāti Pāhauwera held at 1868 had been sold to private parties and the Crown. The prices paid were low (between one and two shillings per acre) because the lands had limited value for agricultural or cultivation purposes. Pre-existing debts and charges for the survey of the blocks (which was necessary to acquire title) were deducted from the amount received by the vendors:

    Landlessness

    (14) In 1907, the Royal Commission on Native Lands and Native-Land Tenure (the Stout-Ngata Commission) concluded that Ngāti Pāhauwera needed all their remaining land for their occupation and support. However, there was no legal barrier to prevent the Crown from continuing to purchase land. The Native Lands Act 1909 made private purchasing of Māori lands easier by providing a streamlined standard sale mechanism managed by Māori Land Boards. Despite the clear warning from the Stout-Ngata Commission, the Crown resumed purchasing land from Ngāti Pāhauwera in 1914, acquiring 18 631 acres by 1920 and another 5 381 acres over the following decade. Between 1911 and 1930, 7 507 acres of Ngāti Pāhauwera land was alienated to private purchasers with the consent of the Tairawhiti Māori Land Board:

    (15) A consolidation scheme was introduced for the Mohaka, Waipapa, Waihua and Pūtere blocks in the late 1920s. Crown and individual interests in the blocks were converted into nominal cash values, and then into new subdivisions separating out Crown and Māori lands. The consolidation scheme was meant to increase the economic viability of remaining Māori landholdings, but was limited in its effectiveness. The Crown continued to acquire land while the consolidation scheme was underway. A number of Ngāti Pāhauwera owners were burdened with debts of more than £2,000 to pay for Crown interests incorporated into their new land blocks:

    (16) By 1930, approximately 25 000 acres remained in Ngāti Pāhauwera ownership. The Crown promoted a land development scheme on the Mohaka and Waipapa land blocks in 1930, with the aim of providing Ngāti Pāhauwera with the capital and agricultural training required to develop and operate dairy units on their remaining land. The Crown provided substantial loans for land development along with supervision by the Native Department. In return, the land owners were required to surrender the right to exercise any rights of ownership:

    (17) The amount of land in Ngāti Pāhauwera ownership was insufficient to accommodate all those who wished to participate in the development scheme and only selected individuals were able to access any benefit. The success of the scheme was also hampered by the lack of suitable land for dairying. The early focus on the creation of subsistence level family based dairy farms did not allow for the exploration of other, possibly more appropriate, forms of land use. This was exacerbated by the sharp decline in dairy farming profits during the depression, and the reduction in the amounts of capital made available by the Crown in the 1940s. By 1950, only 30 dairy units remained in operation, with a few others converting to sheep:

    Post-war alienations

    (18) The post-war period saw further sales of land and by the end of the 20th century Māori retained approximately 13 400 acres or less within the Ngāti Pāhauwera blocks. Most of those lands were scattered parcels in multiple ownership, with large numbers of people holding small ownership interests. Fractionated ownership, disputes over titles, lack of access to landlocked sections and rising rates greatly restricted the ability of landowners to derive full benefit from their holdings:

    (19) During the 20th century many people left the Mohaka district due to the lack of economic opportunities, the failure of many farms and the difficulty of fully utilising the lands remaining. The dispersal of people limited the opportunities for Ngāti Pāhauwera to transfer cultural knowledge from one generation to another through pakiwaitara and pūrākau, mahinga kai activity, whare wānanga, and social occasions:

    Environment

    (20) The Crown has through legislation assumed regulatory control over resources and the environment. This limited opportunities for Ngāti Pāhauwera to develop and use those resources themselves. Over time, the environment suffered from some degree of degradation and there has been a decline in species of importance to Ngāti Pāhauwera. Mahinga kai and rongoa gathering places of Ngāti Pāhauwera have been polluted or lost. The loss of these resources also led to the loss of knowledge and ritual associated with them, including rongoa and crafts:

    Socio-economic consequences

    (21) The lack of land and resources and the ensuing lack of an economic base have significantly contributed to the impoverishment of Ngāti Pāhauwera. As a group, Ngāti Pāhauwera who stayed in the rohe have had very limited employment opportunities, lower than average housing stock, educational outcomes and incomes, a reliance on income support, and high rates of unemployment. As compared to the national average, fewer Ngāti Pāhauwera children have gained a high school qualification. Ngāti Pāhauwera suffered severely from newly-introduced European diseases and epidemics. The health of the resident population of Ngāti Pāhauwera remained very poor in contrast to national levels in the 20th century. In 2001, Māori living in the Mohaka/Raupunga area were assessed to be at the most deprived level on the New Zealand Deprivation Index:

    (22) The years of petitions and litigation about Crown actions and the inadequacies of the Crown’s response have also taken a toll on Ngāti Pāhauwera, requiring time and resources that could have been directed towards developing Ngāti Pāhauwera. Ngāti Pāhauwera characterise their socio-economic experience as one of bleakness, but assert the need for a fresh relationship with the Crown and hope for their future development:

The Parliament of New Zealand therefore enacts as follows: