Deed of Settlement Between the Crown and Ngati Awa
General Background
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 the confiscation of land, the compensation process and the operation and
impact of the Native land laws. Pre-negotiations with Ngati Awa began in 1995 and formal negotiations leading to the
Deed of Settlement commenced 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 claims against the Crown, was then developed and was
initialled by the Crown and the mandated representatives of Ngati Awa on 8 July 2002. The Deed was then ratified by the
members of Ngati Awa through a postal ballot. The Deed of Settlement will be implemented following the ratification and
establishment by Ngati Awa of a governance entity to receive and manage the settlement 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.
Summary of Historical Background to the Claims by Ngati Awa Some Ngati Awa chiefs signed the Treaty of Waitangi at
Pohaturoa, near 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 approximately 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. Governor George Grey deemed the Bay of Plenty tribes to have been in rebellion and in January 1866
approximately 448,000 acres of land was confiscated. Ngati Awa state that approximately 245,000 acres of this land was
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 were 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 their 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 for Ngati Awa.
Summary of the Ngati Awa settlement Overview The Ngati Awa Deed of Settlement is a package that includes: An agreed
historical account, Crown acknowledgements and a Crown Apology to Ngati Awa Cultural redress 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 apologises to Ngati Awa for past dealings that
breached
the Crown’s obligations under the Treaty of Waitangi including 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, which undermined
traditional tribal structures and left Ngati Awa virtually landless. Cultural Redress 1. Recognition of Ngati Awa’s
traditional, historical, cultural and spiritual associations to places and sites, within their area of interest, that
are owned by the Crown. This includes: 1(a) STATUTORY ACKNOWLEDGEMENTS Statutory Acknowledgements register the
special association Ngati Awa has with an area. They are recognised for certain purposes relating to standing and
notification 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.
1(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 of Recognition covering the Crown-owned parts of the Whakatane, Rangitaiki and Tarawera riverbeds and
Uretara Island. 1(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 between
Ngati Awa and the Ministry of Fisheries, the Department of Conservation and the Ministry of Culture and Heritage on
matters of cultural importance to Ngati Awa. The Department of Internal Affairs has 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, Moutohora 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 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
Ngati Awa to discuss matters of importance to the iwi. 1(d) PLACE-NAMES Three official place-name 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 Okorero/Thornton Wildlife Management Reserve. 1(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. Under
the Deed of Settlement, Ngati Awa has undertaken to acknowledge the significance of the site to other iwi in any
published and interpretation material that it produces about the Kaputerangi Historic Reserve.
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. 1(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. 1(g) WAHI TAPU SITES The Deed of Settlement acknowledges that certain sites on
Crown-owned land, within Ngati Awa’s area of interest, are considered by Ngati Awa to be wahi tapu. 2. Restoration of
Ngati Awa access to traditional foods and food gathering areas, including: 2(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. 2(b) CAMPING LICENCES OR NOHOANGA Camping
licences are an area of up to one hectare near a waterway that give 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. 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 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 be disposed of by
the Crown. Awanuiarangi II Title The Deed of Settlement provides that Ngati Awa may hold any land in a new category of
land title (Awanuiarangi II Title). Ngati Awa may declare settlement properties held under Awanuiarangi II Title to also
be Protected Land. In such case the settlement properties will have some of the characteristics of “Maori Land” (as
defined in Te Ture Whenua Maori Act 1993). 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 who were
arrested, tried and labelled as rebels and in respect of all matters arising out of the land wars 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.
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 1(e), and the gifts made under 1(f). 2. Is
there any private land being transferred? No. 3. Are the public’s rights affected? Generally, no, but: • camping
licences or nohoanga, which are 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 are a Statutory Acknowledgement and
a Deed of Recognition? Statutory Acknowledgments acknowledge areas or sites on Crown-owned land with which a claimant
group has a special relationship and will be recognised in any proceedings under the Resource Management Act or the
Historic Places 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 three official place-name 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 have 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
(Awanuiarangi II Title), 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 Maori 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 against the Crown, 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.
This and other settlement summaries are also available