INDEPENDENT NEWS

Deed of settlement signed with Tāmaki Collective

Published: Sat 8 Sep 2012 02:38 PM
Hon Christopher Finlayson
Minister for Treaty of Waitangi Negotiations
8 September 2012Media Statement
Deed of settlement signed with Tāmaki Collective
The Crown today signed a deed to collectively settle the historical claims of iwi and hapū over shared interests in the Auckland area, including maunga (volcanic cones) and motu (islands), Minister for Treaty of Waitangi Negotiations Christopher Finlayson announced.
The deed was signed at the Auckland War Memorial Museum. In attendance were Mr Finlayson and Māori Affairs Minister Dr Pita Sharples representing the Crown, representatives of the iwi and hapū groups that have been negotiating as the Tāmaki Collective, a number of local Members of Parliament, and also Auckland City Mayor Len Brown.
“Today we have reached a critical step towards settling all historical Treaty grievances in the Auckland region,” Mr Finlayson said. “This deed of settlement resolves some of the most complex overlapping claims and shared interests in the country, and the relationships built here lay the foundations for a better future for iwi and hapū, the Crown, and the city of Auckland.”
The Collective Deed vests the ownership of 14 maunga (volcanic cones) in the Tāmaki Collective. The maunga will be co-governed by a body made up of representatives of Auckland Council, the Tāmaki Collective and a Crown representative.
“For generations the maunga have been intrinsically important to the iwi and hapū of Tāmaki Collective and the people of Auckland,” Mr Finlayson said. “This integrated management approach will bring benefit to everyone and ensure that our iconic symbols will remain long after we have gone.”
Auckland Mayor Len Brown paid tribute to the work of all parties in reaching the settlement.
"The Auckland Council is joining with the Crown and iwi in putting the foundations in place for a new way of managing some of Auckland's volcanic cones,” he said. “A lot of thought and work has gone into preparing a strong base and relationship for the future and this will continue as we move forward together."
There will be no changes to existing public access and use rights for the people of Auckland. Third party rights including infrastructure, buildings and leases will be maintained.
Title to four Hauraki Gulf islands - Rangitoto, Motutapu, Motuihe and Tiritiri Matangi - will be vested in the Tāmaki Collective, which will then gift them back to the Crown. The summit of Rangitoto and two small sites associated with historical waka mooring will be retained by the Tāmaki Collective.
The deed also provides for members of the collective to share a right of first refusal on Crown land in the Tāmaki Makaurau area.
“This collective redress will form part of the individual Treaty settlements of the iwi and hapū and we look forward to working together to resolve all outstanding historical Treaty grievances,” Mr Finlayson said.
The iwi and hapū that make up the Tāmaki Collective are Ngāi Tai ki Tāmaki, Ngāti Maru, Ngāti Pāoa, Ngāti Tamaoho, Ngāti Tamaterā, Ngāti Te Ata, Ngāti Whanaunga, Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei, Te Ākitai, Te Kawerau ā Maki, Te Patukirikiri and Te Runanga o Ngāti Whātua. Ngāi Tai ki Tāmaki, Te Ākitai, Ngāti Pāoa and Ngati Whanaunga are taking steps to finalise their participation in the settlement.
The next step is for the deed to be given effect by legislation.
The deed and a summary are available on the Office of Treaty Settlements website www.ots.govt.nz
Note to the Editor on Place Names
The Tamaki Makaurau Collective Treaty Deed includes two new and 18 altered place names. These will become official after the Treaty settlement legislation has passed. A further group of original Māori place names for seven islands and hills will be listed by the NZGB in its Gazetteer of place names and will be publicly discoverable, together with the associated histories. However these original Maori place names will not be official. As an example of this: Rangitoto Island’ will remain and ‘Te Rangi-i-Totongia-a-Tamatekapua’ and ‘Ngā Tuaitara-a-Taikehu’ will be recognised in the Gazetteer but will not be official and therefore not required to be used. The list of place names is available on the OTS website.
Tāmaki Makaurau Collective Deed of Settlement – Q & A
1. Who are the members of the Tāmaki Collective/Ngā Mana Whenua o Tāmaki Makaurau?
Ngāi Tai ki Tāmaki, Ngāti Maru, Ngāti Pāoa, Ngāti Tamaoho, Ngāti Tamaterā, Ngāti Te Ata, Ngāti Whanaunga, Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei, Te Ākitai Waiohua, Te Kawerau ā Maki, Te Patukirikiri, Te Rūnanga o Ngāti Whātua.
2. How does this Collective Deed relate to the claims of those iwi/hapū?
The Collective Deed provides collective redress for the shared interests of the members of the Tāmaki Collective in maunga, motu and lands within Tāmaki Makaurau. It does not settle any historical Treaty claims.
Settlement of the historical claims of the iwi/hapū of the Tāmaki Collective over Tāmaki Makaurau will be made through iwi-specific settlements. The collective redress provided by the Tāmaki Makaurau Collective Deed will form part of each individual iwi/hapū Treaty settlement.
Two members of the Tāmaki Collective - Ngāti Whātua o Kaipara and Ngāti Whātua Ōrākei - have already signed their individual settlements and the rest are all underway, with most expected to reach a settlement within nine to twelve months.
3. Why is a Collective Deed necessary?
The collective approach recognises that the iwi/hapū of Tamaki Makaurau have various overlapping customary interests which would be difficult to consider separately from each other.
The Collective Deed provides the redress that cannot be provided through individual iwi/hapū settlements due to the extent of overlapping interests in the region.
The Collective Deed is therefore critical to settling the historical claims in the Auckland region.
4. What redress is being provided?
The Tāmaki Makaurau Collective Deed provides cultural and commercial redress for the shared interests of the 13 mana whenua iwi/hapū in Tāmaki Makaurau.
Maunga/Volcanic cones
14 maunga (volcanic cones) currently owned by the Crown will vest in the Tāmaki Collective.[1] The maunga will be held in trust for the common benefit of the iwi/hapū of Tāmaki Makaurau and all other people of Auckland. With the exception of Maungauika/North Head and Rarotonga/Mount Smart, the maunga will be co-governed by the Tāmaki Collective and the Auckland Council through a new body called the Tūpuna Maunga o Tāmaki Makaurau Authority (the Maunga Authority). Auckland Council will continue to have responsibility for the day-to-day management of the maunga (including budget control). The maunga are:
Maungauika/North Head will continue to be managed by the Department of Conservation unless the Auckland Council decides at a future point to take on management responsibilities for this maunga, at which time it would come under the jurisdiction of the Maunga Authority.
Mount Smart will continue to be governed by the Auckland Council under the Mount Smart Regional Recreation Centre Act 1985.
Mount Māngere will be governed by the Maunga Authority but will continue to be owned by the Crown and managed on a day-to-day basis by the Auckland Council.
Motu/Islands
Four motu (islands) will vest in the Tāmaki Collective and after a month will be vested back with the Crown for the benefit of all New Zealanders. The islands/motu are Rangitoto, Motutapu, Motuihe and Tiritiri Matangi. This arrangement provides recognition of the special association that the collective iwi/hapū have with these islands as well as the significance of these islands to New Zealand as a whole. Three areas on Rangitoto will vest in the permanent ownership of Ngā Mana Whenua o Tāmaki Makaurau. They are the summit of Rangitoto and two sites at Islington Bay associated with historical waka mooring (Islington Bay Community Hall and Islington Bay Bach 80).
Vesting of these areas will not happen until settlement legislation is passed. The land to be transferred is all currently owned by the Crown. No private land is involved. All existing rights and interests will be protected by legislation on the current terms and conditions.
Right of first refusal
The Tāmaki Collective will receive a right of first refusal over Crown land in the Tāmaki Makaurau region. If and when the Crown decides to dispose of this land it will first offer it to the Tāmaki Collective to purchase.
5. Why transfer the volcanic cones?
The volcanic cones are of extremely high historical, spiritual and cultural significance to the iwi/hapū of Tāmaki Makaurau. Vesting them in the Tāmaki Collective provides appropriate recognition and is a vital aspect of the collective settlement. The co-governance arrangements will maintain and enhance the cultural, heritage, and environmental values of the maunga.
6. Is Browns Island / Motukorea involved?
Browns Island (also known as Motukorea) will continue to be owned by the Auckland Council and managed by the Department of Conservation as per the Council's arrangement with the Department.
Browns Island / Motukorea will be included in the Motu Conservation Management Plan for the inner Gulf Islands provided for by the deed of settlement. This will ensure an integrated approach is taken with the other islands of the inner Gulf. It represents a commitment by the Department of Conservation to exercise its functions over Motukorea in a particular way but is not a case of the Crown using Council land for Treaty settlements.
The Conservation Management Plan will only apply to the extent consistent with the management arrangement between the Department and the Council, and only for as long as the Department of Conservation administers the island.
The management arrangements for Browns Island / Motukorea are consistent with the original gifting of the island to the people of Auckland.
7. What differences are there between the November 2011 Record of Agreement and the Collective Deed?
The major differences between the Record of Agreement and the Collective Deed relate to the maunga included.
In addition to the vesting of the 12 maunga identified in the Record of Agreement, the Collective Deed provides for Maungauika/North Head and Matukutūruru/Wiri to also be vested in the Tāmaki Collective. Matukutūruru/Wiri will be included in the co-governance arrangements between the Tāmaki Collective and the Auckland Council. Maungauika/North Head will continue to be administered by the Department of Conservation with an option for Auckland Council to take on day to day management in the future, at which point it would be included in the co-governance arrangements.
Mount Māngere will be governed by the Maunga Authority but will continue to be owned by the Crown and managed on a day-to-day basis by the Auckland Council.
8. What differences are there between the initialled Collective Deed and the version to be signed?
No substantive changes have been made to the Collective Deed since initialling. Some technical aspects of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill attached to the initialled Collective Deed have been refined and/or completed. The Collective Deed has been updated to reflect refinements to the Bill.
9. What will happen to public access to the cones and the islands?
Nothing will change for the public. Public access, recreational use, reserve status and existing third party rights are maintained.
10. Will the Tāmaki Collective be able to charge for access to the cones?
No, existing public access rights are maintained.
11. Can any of the volcanic cones being transferred be sold at a later date?
No. The cones will not be able to be sold or mortgaged.
12. How will essential public infrastructure, such as water reservoirs, and services be affected?
The Collective Deed and Bill provide for the protection of existing public infrastructure and services.
13. Will the Tāmaki Collective be able to change the face of the cones, such as by constructing new buildings?
Any decisions relating to the ongoing use of the cones, including construction of new buildings, will need to be made by the Maunga Authority. The cones will continue to be subject to the Reserves Act 1977.
14. What financial offer is included in the settlement?
There is no financial offer associated with the Tāmaki Makaurau Collective settlement. The members of the Tāmaki Collective will receive financial redress (and cultural and commercial redress) through their individual settlements.
15. Will any place names change?
Yes, eighteen existing geographic names will change and two sites that do not currently have official names will be assigned geographic names. Most of these changes relate to maunga/cones and motu/islands. The name changes are set out in the deed of settlement and on the Office of Treaty Settlements website www.ots.govt.nz
16. What public consultation has there been on this settlement?
High level details of the proposed settlement have been in the public domain since publication of a Framework Agreement in February 2010. The Crown has met with a range of stakeholders and interested groups over the last 18 months to discuss relevant aspects of the settlement. The Auckland Council has been consulted throughout the process. After the Collective Deed was initialled letters were sent to over 60 stakeholders, explaining the settlement and its implications. The public will have a further opportunity to present its views through the select committee process for the settlement legislation.
17. What is the process from here for the Collective Deed?
The Collective Deed will be implemented through legislation. The Bill is expected to be introduced into Parliament before the end of 2012.
18. What is the status of other negotiations underway in the Auckland area?
The Crown has signed Deeds of Settlement with Ngāti Manuhiri, Ngāti Whātua Ōrākei and Ngāti Whātua o Kaipara. Settlement legislation for Ngāti Manuhiri and Ngāti Whātua Ōrākei is in the House and Ngāti Whātua o Kaipara are having their first reading on 20 September 2012.
Iwi-specific negotiations are underway with the other 18 iwi/hapū that have interests in the Auckland and/or Hauraki regions. These negotiations are at various stages. Collective and iwi-specific negotiations are also underway in the Hauraki region.
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[1] Matukutūruru/Wiri Mountain, Maungakiekie/One Tree Hill, Maungarei/Mount Wellington, Maungawhau/Mount Eden, Mount Albert, Mount Roskill, Mount St John, Ōhinerau/Mount Hobson, Ōhuiarangi/Pigeon Mountain, Ōtāhuhu/Mount Richmond, Rarotonga/Mount Smart, Takarunga/Mount Victoria, and Te Tātua a Riukiuta.
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