Ngāti Manawa

Ngāti Manawa

The Ngāti Manawa Deed of Settlement was signed on 12 December 2009

In this section

Ngāti Manawa Deed of Settlement documents

Ngāti Manawa Deed of Settlement summary

 

Ngāti Manawa Deed of Settlement documents

 

Deed of Settlement documents

 

  

 

 

Ngāti Manawa Deed of Settlement summary

Overview

The Ngāti Manawa Settlement is the final settlement of all Ngāti Manawa historical claims resulting from acts or omissions by the Crown prior to 21 September 1992 and is made up of a package that includes:

  • An agreed historical account and Crown acknowledgements, which form the basis for a Crown Apology to Ngāti Manawa and Te Tatau Pounamu symbolising Ngāti Manawa forgiveness;
  • Cultural redress;
  • Financial and commercial redress already provided through the Central North Island Forests Land Collective Settlement 2008 (the CNI Settlement); and
  • The ability to purchase certain commercial properties as either deferred selected properties or Right of First Refusal.

The benefits of the settlement will be available to all members of Ngāti Manawa, wherever they live.

Background

Ngāti Manawa are a central North Island iwi based in Murupara with strong customary associations over a large geographical area that includes the Kaingaroa Forest and with the upper Rangitaiki River. Ngāti Manawa has around 3,500 members.

Redress

Crown Apology

The Crown apologises to Ngāti Manawa for past dealings that breached the Crown’s obligations under the Treaty of Waitangi. These include:

  • the Crown’s failure to compensate Ngāti Manawa for the destruction its forces caused during several wars that were fought between the Crown and other Māori in the eastern Bay of Plenty between 1865 and 1872;
  • the Crown’s failure to pay rent on land leased by Ngāti Manawa which led to Ngāti Manawa selling land to alleviate the conditions their people were in;
  • the Crown’s failure to consult with Ngāti Manawa on native land legislation prior to its enactment;
  • the Crown’s failure to take adequate steps to protect the traditional tribal structures of Ngāti Manawa;
  • the Crown’s failure to actively protect the interests of Ngāti Manawa when it acquired approximately 130,000 acres of land from Ngāti Manawa using aggressive purchase techniques between 1880 and 1881; and 
  • the Crown’s failure to ensure Ngāti Manawa were left with sufficient land for their present and future needs.

Ngāti Manawa accepts the gift of three pounamu (‘te tatau pounamu’) from the Crown, which represent the forgiveness of the Crown for their breaches of the Treaty of Waitangi.

Questions and answers

What is the total cost to the Crown?

Ngāti Manawa are a party to the Central North Island Deed of Settlement with the Crown and other Central North Island iwi and hapū with interests in CNI Forests Land. Ngāti Manawa’s commercial interests in that land have been addressed through the CNI Deed of Settlement.

The total cost to the Crown of the redress outlined in the Deed of Settlement includes:

  • interest to be paid on the Ngāti Manawa initial agreed proportion ($12.2 million) of the Central North Island Forest Lands received by Ngāti Manawa under the CNI Deed of Settlement;
  • the cost of the cultural redress properties to be vested in fee simple; and
  • $2.6 million dollars for special projects.

Is there any private land involved?

No. No private properties are included in the settlement, including those with section 27B memorials under the State-Owned Enterprise Act. Once this and any other settlements in the region are completed, the memorials will be removed from all titles.

Are the public’s rights affected?

No. Existing public access will remain over any sites transferred to Ngāti Manawa through the settlement.

What are Statutory Acknowledgments and Deeds of Recognition?

Statutory Acknowledgements acknowledge areas or sites with which claimant groups have 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 Māori, such as burial grounds, were simply cleared or excavated without either permission or consultation. Statutory Acknowledgements are not a property right, nor are they exclusive.

Deeds of Recognition set out an agreement between the administering Crown body (the Minister of Conservation) and a claimant group in recognition of their special association with a site as stated in a Statutory Acknowledgement, and specify the nature of their input into the management of the site.

Are any place names changed?

Yes. Lake Aniwhenua will be changed to Lake Āniwaniwa and Aniwhenua Falls will be changed to Āniwaniwa Falls.

Are any National Parks affected by the Settlement?

An overlay classification and transfer and gift back will apply in respect of Tāwhiuau which is located in Te Urewera National Park.

How does this relate to the Central North Island Forests settlement?

Ngāti Manawa are party to the Central North Island Forests settlement. The CNI Settlement provides for Ngāti Manawa to receive a share of the accumulated Crown forest licence rentals associated with the Licensed Crown forest lands and future rental income from that land. This Deed of Settlement includes the comprehensive settlement for their remaining claims.

Does the settlement create any special rights for Ngāti Manawa?

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 and the Conservation Act that provide for Māori participation in conservation and planning matters.

Does Ngāti Manawa have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

No. Both parties agree that the Deed of Settlement is fair in the circumstances and will be a final settlement for all the historical (pre-1992) claims of Ngāti Manawa. The settlement legislation, once passed, will prevent Ngāti Manawa from re-litigating the claim before the Tribunal or the courts.

The settlement package will still allow Ngāti Manawa or members of Ngāti Manawa to pursue claims against the Crown for acts or omissions after 21 September 1992, including claims based on the continued existence of aboriginal title or customary rights. The Crown also retains the right to dispute such claims or the existence of such title rights.

Who benefits from the settlement?

All members of Ngāti Manawa, wherever they may now live.