(1)
The Crown acknowledges through this settlement that Te Awa Tupua is an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements—“E rere kau mai te Awa nui, mai i te Kāhui Maunga ki Tangaroa”.
“E rere kau mai te Awa nui, mai i te Kāhui Maunga ki Tangaroa”
(2)
The Crown acknowledges that to Whanganui Iwi the enduring concept of Te Awa Tupua—the inseparability of the people and the River—underpins the responsibilities of the iwi and hapū of Whanganui in relation to the care, protection, management, and use of the Whanganui River in accordance with the kawa and tikanga maintained by the descendants of Ruatipua, Paerangi, and Haunui-a-Paparangi.
(3)
The Crown acknowledges and respects the intrinsic connection between the iwi and hapū of Whanganui and the Whanganui River reflected in the Whanganui pepeha, “Ko au te awa, ko te awa ko au”.
“Ko au te awa, ko te awa ko au”
(4)
The Crown acknowledges the importance of the Whanganui River as a source of physical and spiritual sustenance for iwi and hapū of Whanganui, including—
as home for the iwi and hapū of Whanganui, with 143 known marae along the length of the River; and
as a means of travel, trade, and social and cultural connection for the people of the River; and
as a food basket and fishery; and
as a source of rongoā and other resources.
(5)
The Crown acknowledges that the iwi and hapū of Whanganui, over many generations since 1840, have maintained the position that they never willingly or knowingly relinquished their rights and interests in the Whanganui River and have sought to protect and provide for their special relationship with the Whanganui River in many ways, including—
raising grievances directly with the Crown, including numerous petitions to Parliament beginning in the nineteenth century; and
pursuing legal proceedings regarding the ownership of the bed of the Whanganui River through a succession of courts and a Royal Commission of Inquiry between 1938 and 1962; and
opposing the establishment and operation of the Tongariro Power Scheme, including litigation relating to the effect of the scheme on the Whanganui River; and
filing claims regarding the Whanganui River in the Waitangi Tribunal.
(6)
The Crown acknowledges that it has not adequately dealt with the longstanding grievances of the iwi and hapū of Whanganui in relation to the Whanganui River.
(7)
The Crown acknowledges that since 1840 it has assumed control and authority over the Whanganui River. In particular, the Crown acknowledges that it promoted and implemented legislation during the nineteenth and early twentieth centuries that had little or no recognition of Whanganui Iwi interests in the Whanganui River and that had no provision for the involvement of Whanganui Iwi in the management of the River, including—
the enactment of the Wanganui River Trust Act 1891 and its amendments, which empowered the Wanganui River Trust to erect jetties, clear the Whanganui River for navigation purposes, and control and sell river gravel and shingle; and
the enactment of the Coal-mines Act Amendment Act 1903, which deemed the beds of all navigable rivers to “have always been vested in the Crown” and that all minerals contained within those river beds belonged to the Crown; and
“have always been vested in the Crown”
the acquisition of over 6 700 acres of riparian land owned by Whanganui Iwi along the Whanganui River under the Public Works Act 1908 for scenery preservation purposes.
(8)
The Crown acknowledges that it has failed to recognise, respect, and protect the special relationship of the iwi and hapū of Whanganui with the Whanganui River.
(9)
The Crown acknowledges that—
from the mid-1880s the Crown started to remove pā tuna and utu piharau and alter the Whanganui River to enable the passage of steam boats on the River; and
the removal of pā tuna and utu piharau adversely affected an important food source and valuable taonga of Whanganui Iwi; and
Whanganui Iwi opposed the actions of the Wanganui River Trust in relation to the clearance of the Whanganui River, including the destruction and damage of pā tuna and utu piharau, which led to the conviction of members of Whanganui Iwi who took steps to try to protect their taonga; and
River clearances contributed to a decline in the exercise of customary fishing practices by the iwi and hapū of Whanganui and an associated loss of mātauranga.
(10)
The Crown acknowledges that the Crown and other parties have extracted large amounts of gravel from the bed of the Whanganui River and that the effects of that extraction and the lack of compensation have been a source of grievance for Whanganui Iwi since the late nineteenth century.
(11)
The Crown acknowledges that by the middle of the twentieth century the cumulative effect of the Crown’s acts and omissions in relation to the Whanganui River had caused significant prejudice to Whanganui Iwi.
(12)
The Crown acknowledges that the cumulative effect of these acts and omissions amounted to a failure to actively protect the interests of Whanganui Iwi and was a breach of the Treaty of Waitangi and its principles.
(13)
The Crown acknowledges that the cumulative effect of its actions and omissions undermined the ability of the iwi and hapū of Whanganui to exercise their customary rights and responsibilities in respect of the Whanganui River and consequently the expression of their mana.
(14)
The Crown acknowledges that the litigation between 1938 and 1962 relating to the ownership of the bed of the Whanganui River—
was in part a reaction to the Crown’s actions affecting the Whanganui River; and
was required to be framed in terms of English law as a claim for a title to the riverbed, rather than to the River as an indivisible whole; and
resulted in several findings between 1938 and 1954 that Whanganui Iwi had held the bed of the Whanganui River at 1840 under their customs and usages; and
remains one of the longest cases in New Zealand legal history; and
was pursued at significant financial and emotional cost to the hapū and whānau of Whanganui.
(15)
The Crown acknowledges that in relation to the creation and establishment of the Tongariro Power Development Scheme—
the Crown was aware of the concerns of Whanganui Iwi in relation to the scheme; and
the Crown failed to consult with Whanganui Iwi; and
the Crown’s failure to consult with Whanganui Iwi was inconsistent with the Crown’s duty to act in good faith towards Whanganui Iwi and was a breach of the Treaty of Waitangi and its principles.
(16)
The Crown acknowledges that the diversion of the headwaters of the Whanganui River for the Tongariro Power Development scheme—
is considered by Whanganui Iwi to be inconsistent with their tikanga; and
has had an adverse effect on the cultural and spiritual values of Whanganui Iwi; and
has caused distress and remains a significant grievance for Whanganui Iwi.
(17)
The Crown acknowledges the national importance of the Whanganui River and its contribution to New Zealand’s development through—
its natural, scenic, and conservation value; and
its value for recreation and tourism; and
its economic and historical value as the longest navigable river in New Zealand and use as a “highway” during European settlement in the nineteenth and early twentieth centuries; and
“highway”
its value as a resource for gravel extraction; and
its value as a resource for electricity generation, including the significant contribution it has to the generation and stability of New Zealand’s electricity supply.
(18)
The Crown acknowledges that through this settlement Whanganui Iwi have sought to bring all the iwi, hapū, and other communities of the Whanganui River together for the common purpose of upholding and protecting the mana of the Whanganui River and its health and well-being for the benefit of future generations and, ultimately, all of New Zealand.
(19)
The Crown acknowledges that the approach taken by Whanganui Iwi in respect of this settlement represents significant compromise and generosity of spirit by Whanganui Iwi and promotes a collaborative, inclusive approach to the Whanganui River and its future governance and management with the recognition and protection of Te Awa Tupua at its heart.