Deed of Settlement between the Crown and Ngäti Awa
Minister in Charge of
Treaty of Waitangi Negotiations,
Hon Margaret Wilson
Embargoed until release at 10.00am
Monday, 8 July 2002
A copy of this summary is also available at www.beehive.govt.nz
General Background to the Ngati Awa Deed of Settlement
Ngati Awa is an iwi of the Eastern Bay of Plenty descended from Awanuiarangi II of the Mataatua waka. Ngati Awa has
approximately 13,000 members and 22 hapu.
Ngati Awa’s early interactions with the Crown were outlined in the Waitangi Tribunal’s Ngati Awa Raupatu Report
published in 1999.
An account of the historical background agreed between the Crown and Ngati Awa is included in the Deed of Settlement
along with acknowledgements of Crown breaches of the Treaty of Waitangi and a Crown Apology for those breaches.
Summaries of these are included in the attached material. Ngati Awa’s claims relate in general terms to breaches by the
Crown of its obligations under the Treaty of Waitangi, particularly in relation to the confiscation of land, the
compensation process and the operation and impact of the Native land laws.
Negotiations with Ngati Awa leading to the Deed of Settlement began in 1997. A Heads of Agreement indicating the broad
outline of a settlement package was signed in December 1998. A revised settlement offer was agreed in October 2000. A
full Deed of Settlement, which details the formal Crown offer to settle all of Ngati Awa’s historical grievances against
the Crown, was then developed and has been agreed to by both the Crown and Ngati Awa’s negotiators.
While the Deed of Settlement is now subject to ratification by the members of Ngati Awa, the Deed will not be signed and
formal ratification will not begin until High Court proceedings and claims before the Waitangi Tribunal relating to
overlapping claim issues, have been concluded. Should the people of Ngati Awa approve the Deed of Settlement, a final
binding Deed will be signed. The settlement will then be subject only to the establishment by Ngati Awa of a governance
entity to receive and manage the redress and the passage of settlement legislation.
Te Runanga o Ngati Awa was mandated by Ngati Awa to represent them in settlement negotiations with the Crown. The
Runanga is chaired by Dr Hirini Mead, Ngati Awa’s Chief Negotiator. The Office of Treaty Settlements, headed by Andrew
Hampton, and Chief Crown Negotiator Brian Roche, with the support of Te Puni Kokiri, the Treasury, and the Department of
Conservation represented the Crown in day to day negotiations. The Minister in Charge of Treaty of Waitangi
Negotiations, Hon Margaret Wilson, represented the Crown in high-level negotiations with Ngati Awa.
ENDS
Summary of Historical Background to the Claims by Ngati Awa
Some Ngati Awa chiefs signed the Treaty of Waitangi at Pohaturoa Whakatane in June 1840. Prior to the 1860s, however,
there were few European settlers within the Ngati Awa rohe.
Fighting broke out between the Crown and Maori in the early 1860s in Taranaki and later Waikato. In 1864 some Ngati Awa
hapu joined a Te Tai Rawhiti force planning to go to Waikato to assist the tribes there. Most of the force was prevented
from travelling through the Rotorua region by local iwi, supported by Crown warships and military personnel.
In July 1865 a Crown official, James Te Mautaranui Fulloon, and three others were killed at Whakatane by some Ngati Awa
supporters of Pai Marire. In August 1865, a Crown expeditionary force of some 500 men, drawn largely from some
neighbouring iwi, entered the rohe of Ngati Awa to execute an arrest warrant for the killing of Fulloon and others. This
force destroyed Ngati Awa kainga, wharenui, pataka and waka, seized cattle, horses and other property and was involved
in skirmishes with Ngati Awa in which some were killed.
In September 1865 the Crown issued a Proclamation of Peace declaring that the war which began in Taranaki was at an end.
The proclamation pardoned those who had been in arms against the Crown but excluded those responsible for the killing of
Fulloon. It stated that if those responsible were not given up then the Crown would take parts of the lands of those
tribes who concealed the murderers.
Subsequently, the Crown expeditionary force laid siege to pa at Matata, Whakatane and Te Teko. In October 1865 over 30
men were arrested for the killing of James Fulloon and related offences. Many were found guilty at trial by
Courts-Martial and sentenced to death. They were re-tried before the Supreme Court in Auckland. All were found guilty of
at least one charge and were sentenced to imprisonment or execution. Two men were subsequently executed for the murder
of Fulloon and three others died while in prison.
The Governor deemed the Bay of Plenty tribes to have been in rebellion and in January 1866 approximately 448,000 acres
of land were confiscated. Ngati Awa state that approximately 245,000 acres were within their rohe. Confiscation affected
all Ngati Awa and all bore the stigma of being ‘tangata hara’ or rebels including the many hapu who had not been
involved in any conflict.
Approximately 77,000 acres was returned to Ngati Awa through the compensation process but this land was returned to
individuals rather than to iwi or hapu and did not reflect customary forms of land tenure. It often took up to 10 years
before a Crown grant was issued for returned land and some hapu received land which had previously been occupied by
other hapu.
From the 1870s Ngati Awa claimed land south of the confiscation line before the Native Land Court but in many cases the
Court awarded parts of those lands, regarded by Ngati Awa as theirs, to other iwi. Those lands Ngati Awa did gain title
to were awarded to individuals rather than to iwi or hapu and became more susceptible to partition, fragmentation and
alienation. This contributed to the erosion of the traditional tribal structures of Ngati Awa. Further land was lost
through acquisitions under public works legislation in the twentieth century, including urupa and other waahi tapu.
Since 1867 Ngati Awa have sought redress for the wrongs inflicted on the iwi by the Crown. Several petitions were sent
to the Crown relating to the confiscations, imprisonments and the loss of land. The Sim Commission considered the Ngati
Awa claims in 1927 but generally did not find in its favour. The Commission did find, however, that there were
insufficient reserves for two hapu and recommended the award of land at Matata. This never eventuated. As a result of
the Sim Commission other iwi had annuities paid by the Crown and Trust Boards were established for some raupatu iwi, but
not Ngati Awa.
ENDS
Summary of the Ngati Awa settlement
Overview
The Ngati Awa Deed of Settlement is made up of a package that includes;
1. An agreed historical account, Crown acknowledgements, and a Crown Apology to Ngati Awa
2. Cultural redress
3. Financial and commercial redress.
No private land is included as redress, only Crown assets.
The benefits of the settlement will be available to all members of Ngati Awa, wherever they may live.
Crown Apology
The Crown’s apology to Ngati Awa will cover the confiscation of land, the compensation process, the operation and impact
of the Native land laws and the cumulative impact of these events on Ngati Awa that have undermined traditional tribal
structures and left the iwi virtually landless.
Cultural redress
1. Restoration of Ngati Awa access to traditional foods and food gathering areas, including:
1(a). Customary Fisheries
Ngati Awa will be appointed as an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. One
committee will provide advice to the Minister of Conservation on all matters concerning the management and conservation
by the Department of Conservation of freshwater fish. The other committee will provide advice to the Minister of
Fisheries on all matters concerning the utilization of aquatic life and seaweed administered by the Ministry of
Fisheries.
The Deed of Settlement will include a provision that if the Minister of Conservation offers by public tender any part of
the coastal marine area within a specified part of the Ohiwa Harbour, Ngati Awa will have a preferential right to
purchase up to 5% of the authorisations that are the subject of that tender.
1(b). Camping licences or Nohoanga
Camping licences are an area of up to one hectare near a waterway that gives access to traditional food gathering areas.
The camping licences will not impede existing public access to or along the waterway. Subject to gaining any necessary
resource consent, Ngati Awa members will have an exclusive right to use this entitlement for non-commercial, lawful
fishing and food gathering for up to 210 days a year.
Four nohoanga will be established. They are located in: the Matata Wildlife Refuge Reserve, the Thornton Lagoon Wildlife
Management Reserve, the Port Ohope Recreation Reserve, and the Ohineteraraku Scenic Reserve.
2. Recognition of Ngati Awa’s traditional, historical, cultural and spiritual associations to places and sites owned by
the Crown within their rohe. This allows Ngati Awa and the Crown to protect and enhance the conservation values
associated with these areas and sites, and includes:
2(a). Statutory Acknowledgements
These register the special association Ngati Awa has with an area and will be included in the settlement legislation.
They are recognised under the Resource Management Act and the Historic Places Act. There are eleven such
acknowledgements: part of the Whakatane, Rangitaiki and Tarawera rivers, Moutohora (Whale) Island Wildlife Management
Reserve, Part of Ohiwa Harbour, Te Kaokaoroa Historic Reserve, Kohi Point Scenic Reserve, Ohope Scenic Reserve, Mokorua
Scenic Reserve, Uretara Island Scenic Reserve, and the former Matahina A5 block.
2(b). Deeds of Recognition
A Deed of Recognition requires the Crown to consult Ngati Awa and have regard for their views about Ngati Awa’s special
association with a particular Crown-owned site. The Deed specifies the nature of Ngati Awa’s input into management of
those areas by the Department of Conservation and Commissioner of Crown Lands. There will be four Deeds covering the
Crown-owned parts of the Whakatane, Rangitaiki and Tarawera river beds and Uretara Island.
2(c). Protocols with government departments and commitments to contact third parties
The Deed of Settlement provides for the establishment of protocols to promote good working relationships, on matters of
cultural importance to Ngati Awa, between Ngati Awa and the Ministry of Fisheries, the Department of Conservation and
the Ministry of Culture and Heritage.
The Department of Internal Affairs have also undertaken to consult Ngati Awa should the Department conduct a review of
the administration by local government of the following: Motiti Island, Tokata Island, Rurima Island, Moutoki Island,
Moutuhora Island, Whakaari/White Island and Te Paepae o Aotea (Volkner Rocks).
Ngati Awa will also be able to express their views to the Ministry for the Environment on the application of the Treaty
and relevant parts of the Resource Management Act in Ngati Awa’s area of interest. The Ministry will also monitor the
performance of local authorities in Ngati Awa’s area of interest in relation to these matters.
In addition, the Crown has written to a number of third parties, such as Environment Bay of Plenty, inviting them to
consider meeting with meet with Ngati Awa to discuss matters of importance to the iwi.
2(d). Placenames
A total of three placename changes have been agreed between the Crown and Ngati Awa. Once the settlement legislation has
been enacted Volkner Rocks (owned by Ngati Awa on behalf of Mataatua) will be known as Te Paepae o Aotea. Awaateatua
Beach will be known as Te Awa a Te Atua Beach. Braemar Springs will be known as to Te Waiu o Pukemarie/Braemar Springs.
In addition, Thornton Wildlife Management Reserve will be known as Okerero/Thornton Wildlife Management Reserve.
2(e). Sites transferred and management input
Seven areas of special significance to Ngati Awa will be returned to the iwi. These are:
Kaputerangi Historic Reserve
Te Paripari Pa Historic Reserve
Otitapu Pa (within the Mangaone Scenic Reserve)
Former Matahina A4 Block
Te Toangapoto (within the Western Whakatane Recreation Reserve)
Te Ihukatia (part of the Port Ohope Recreation Reserve), and
Whakapaukorero (within the Matata Scenic Reserve).
These sites total approximately 64 hectares. Kaputerangi Historic Reserve, Te Paripari Pa Historic Reserve, Te
Toangapoto, Te Ihukatia, and Whakapaukorero will be re-reserved under the Reserves Act, which means that public access
will be maintained. Otitapu Pa will be subject to a protected private land agreement to protect conservation values.
The Kaputerangi Historic Reserve and Te Toangapoto site are currently vested in or administered by the Whakatane
District Council and the Council has agreed to relinquish their interests in the areas subject to Ngati Awa managing
these reserves in a way that is compatible with the existing management plans.
In addition, two joint committees, one advisory and one management committee, are to be established over five reserves.
A Joint Advisory Committee is to be established over the Matata Scenic Reserve and the Matata Wildlife Refuge Reserve.
This committee will be made up of equal numbers of members nominated by Ngati Awa and the Department of Conservation.
A Joint Management Committee is to be established for Moutohora (Whale) Island Wildlife Management Reserve, Tauwhare
Pa Scenic Reserve, and Ohope Scenic Reserve. This committee will have representatives nominated by Ngati Awa, the
Department of Conservation and the Bay of Plenty Conservation Board. Ngati Awa will, as part of the agreement on
Moutohora Island, no longer require permits to extract hangi stones traditionally sourced from the island, but will
still need a permit to gain access to the island.
2(f). Gifts
The Crown will gift Ngati Awa $1 million to assist in the redevelopment of the Mataatua meeting house complex. The
Mataatua meeting house was returned to Ngati Awa in 1996 in partial settlement of Ngati Awa’s historical claims.
The Crown will also gift the land under the Whakatane Airport to Ngati Awa, if it ever ceases to be reserved as an
airport.
2(g). Wahi tapu sites
The Deed of Settlement also acknowledges that certain sites on Crown-owned land, within Ngati Awa’s area of interest,
are considered by Ngati Awa to be wahi tapu.
Financial and Commercial Redress
3. This redress recognises the economic loss suffered by Ngati Awa arising from breaches by the Crown of its Treaty
obligations. It is aimed at providing Ngati Awa with resources to assist it to develop its economic and social
well-being. It includes;
3(a). A combination of Crown-owned land selected by Ngati Awa and cash up to a value of $42.39 million. Among the
properties Ngati Awa has selected are portions of the Kaingaroa and Rotoehu Forests (land only).
3(b). Right of First Refusal – Ngati Awa will also have, for a period of 50 years, a Right of First Refusal to buy, at
full market value, Crown-owned properties in a specified area, should they disposed of by the Crown.
Previous redress
Ngati Awa have already received the following in part-settlement of their historical claims
Ngati Awa Station, a former Landcorp property near Whakatane (1990)
The Mataatua meeting house, formerly in the Otago Museum (1996)
A statutory pardon from the Crown in 1988 for those tried and executed for their alleged role in the killing of a
Crown official, James Fulloon, in 1865.
Ngati Awa ancillary claims
On the recommendation of the Waitangi Tribunal in 1999 the Crown also intends to settle three ancillary claims separate
from the broader Ngati Awa claim. There will be separate Deeds of Settlement for the three ancillary claims and the
timeline for settlement will differ from the main Ngati Awa settlement. The ancillary claims are:
Wai 79 concerning Awakeri Springs;
Wai 247 concerning a quarry site in the Waiohau C26 block;
Wai 248 concerning a quarry site in the Rangitaiki 60C block.
ENDS
Questions and Answers
1. What is the total cost to the Crown?
$42.39 million plus interest from the date of the signing of the Deed of Settlement plus the cost of the cultural sites
returned under 2(e) and the gifts made under 2(f).
2. Is there any private land being transferred?
No.
3. Are the public’s rights affected?
Generally, no, but:
the camping licence or Nohoanga, which is similar to other concessions granted by the Department of Conservation, will
be for the exclusive use of Ngati Awa for up to 210 days a year. A site is up to one hectare in size. It will not affect
public access to waterways.
The site of Otitapu Pa, totalling approximately six hectares, will no longer be available for public access as of
right. However public access to the remainder of the Mangaone Scenic Reserve will be unaffected.
4. What is a camping licence or Nohoanga?
It is an entitlement to temporarily occupy a piece of land of up to one hectare near a traditional Ngati Awa food
gathering area such as a river or lake. It is set back from the marginal strip and does not impede public access to or
along a waterway. It is the same concept as a nohoanga in the Ngai Tahu settlement.
5. What is a Statutory Acknowledgement?
These acknowledge areas or sites with which a claimant group has a special relationship and will be recognised 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 iwi, 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.
6. Are any place names changed?
There are a total of three placename changes. Volkner Rocks (owned by Ngati Awa on behalf of Mataatua) will be amended
to Te Paepae o Aotea, Awaateatua Beach will be changed to Te Awa a Te Atua Beach to reflect the correct grammatical
spelling and a name will be allocated to a spring currently not officially named, Te Waiu o Pukemairie/Braemar Springs.
In addition, Thornton Wildlife Management Reserve with be renamed with a dual name Okerero/Thornton Wildlife Management
Reserve.
7. Are any National Parks affected in the settlement?
No.
8. What happens to memorials on private titles?
The settlement legislation will remove the Waitangi Tribunal’s statutory power to order the Crown to resume certain
former Crown land (which has memorials noted on the title, and may be in private ownership) within a specified area.
9. Does the settlement create any special rights for Ngati Awa?
Aside from a new legal mechanism for Ngati Awa to hold land, 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 (e.g. section 6) and the Conservation Act (e.g. section 4) which provide for Mäori participation in
conservation and planning matters.
10. Does Ngati Awa have the right to come back and make further claims about the behaviour of the Crown in the 19th and
the 20th Century?
No. A Deed of Settlement is a fair and final settlement for all Ngati Awa’s historical or pre 1992 claims wherever they
may be. The settlement legislation, once passed, will prevent Ngati Awa from re-litigating their historical claims (or
bringing any new historical claims) before the Waitangi Tribunal or the courts.
The settlement package will still allow Ngati Awa or members of Ngati Awa 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.
11. Who benefits from the settlement?
All members of Ngati Awa, wherever they may now live.
ENDS.