The history of the interaction of Ngāti Tuwharetoa (Bay of Plenty) with the Crown was detailed in the Waitangi Tribunal’s Ngāti Awa Raupatu Report, published in 1999. The Ngāti Tuwharetoa (Bay of Plenty) claims relate in general terms to breaches by the Crown of its obligations under the Treaty of Waitangi. In particular, these are the confiscation of most of the land within the tribe’s traditional territory, the inadequacies of the Compensation Court process, and the subsequent alienation of the remaining lands that were subject to the native land laws and Crown purchasing.

An account of the historical background agreed between the Crown and Ngāti Tuwharetoa (Bay of Plenty) 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 are included in the attached material.

Negotiations on a settlement package began in 1998. In February 2001, the Crown and Ngāti Tuwharetoa (Bay of Plenty) agreed the settlement offer. The Crown and the mandated iwi representatives initialled a draft Deed on 17 October 2002. Just over half (55%) of eligible members voted on the Deed of Settlement, and 95% of those members endorsed it. The Deed of Settlement signed today sets out in detail the Crown offer to settle all the historical claims of Ngāti Tuwharetoa (Bay of Plenty) against the Crown. The Deed of Settlement will be given effect following the ratification and establishment by the tribe of a governance entity to receive and manage the settlement redress, and the passage of settlement legislation.

Ngāti Tuwharetoa (Bay of Plenty) was represented in negotiations by Te Rūnanga o Tuwharetoa ki Kawerau. The Office of Treaty Settlements, with the support of 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.

The principal grievance for which Ngāti Tuwharetoa (Bay of Plenty) sought redress is the confiscation of land by the Crown in 1866, under the New Zealand Settlements Act 1863. A total of 448,000 acres were confiscated in the Eastern Bay of Plenty, including approximately 87,000 acres within the traditional rohe of Ngāti Tuwharetoa (Bay of Plenty).

Hostilities occurred in the Bay of Plenty during the first half of 1864 relating to the outbreak of war between Crown and Māori in the Waikato. Following a period of unrest, Crown official James Fulloon and three crew members of the vessel Kate were killed by some local Māori at Whakatane in July 1865. A Crown expeditionary force of approximately 500 men was mounted in August 1865 to execute an arrest warrant for those involved in the murders. This force raided livestock, pillaged crops and food supplies, and was involved in skirmishes in which some Ngāti Tuwharetoa (Bay of Plenty) people were killed.

In September 1865, the Crown issued a Proclamation of Peace declaring that the war, occurring between the Crown and Māori in a number of areas in the North Island, was at an end. The proclamation pardoned those who had fought against the Crown, but excluded people responsible for the killing of Fulloon and others. It stated that if those responsible for the killings were not given up, the Crown would take parts of the lands of tribes who concealed them.

Crown forces laid siege to pā in the Eastern Bay of Plenty. The conflict ended in October 1865 when those at Te Kupenga pā, including some individuals named in the arrest warrant surrendered to the Crown force. Governor George Grey deemed the Bay of Plenty tribes to have been in rebellion and confiscated land. More than 20,000 acres was later returned to Ngāti Tuwharetoa (Bay of Plenty) through the compensation process, but this land was returned to individuals rather than to iwi or hapū and did not reflect customary forms of tenure. The traditional tribal estate of Ngāti Tuwharetoa (Bay of Plenty) was further reduced by land transfers under the native land laws, including Crown purchasing.

This loss of land had an impact on the access of Ngāti Tuwharetoa (Bay of Plenty) to resources such as the coast and the swamp that traditionally provided food, medicine, and shelter. They also lost control over some of their urupā and significant sites. Ngāti Tuwharetoa (Bay of Plenty) were further aggrieved in the twentieth century by the draining of the Rangitaiki swamp lands and other environmental modification and pollution, which had an adverse impact on the traditional lands and wāhi tapu (sacred sites) of Ngāti Tuwharetoa (Bay of Plenty). They also lost control of and access to the geothermal resources at Kawerau.

Restoration of Ngāti Tuwharetoa (Bay of Plenty) access to traditional foods and food gathering areas, including a camping licence or nohoanga

An area of up to one hectare will be established in the Matatā Wildlife Refuge Reserve to provide access to traditional sources of food. Iwi members will have the right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year.

Recognition of the traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within the rohe of Ngāti Tuwharetoa (Bay of Plenty).

This allows Ngāti Tuwharetoa (Bay of Plenty) and the Crown to protect and enhance the conservation values associated with these areas and sites, and includes:

Statutory Acknowledgements

Statutory Acknowledgements register the special association Ngāti Tuwharetoa (Bay of Plenty) has with an area and will be included in the settlement legislation. They are recognised for certain purposes relating to standing and notification under the Resource Management Act and the Historic Places Act.

There are five Statutory Acknowledgements over the following: Rotoma Forest Conservation Area, Lake Rotoma Scenic Reserve, Lake Tamurenui Wildlife Management Reserve, parts of the Tarawera and Rangitaiki Rivers.

There is a sixth Statutory Acknowledgement over geothermal water and geothermal energy located in the Kawerau Geothermal System.

Deeds of recognition

Deeds of Recognition require the Crown to consult Ngāti Tuwharetoa (Bay of Plenty) and have regard for their views regarding the special association of Ngāti Tuwharetoa (Bay of Plenty) with a particular Crown-owned site. The Deeds of Recognition also specify the nature of input by Ngāti Tuwharetoa (Bay of Plenty) into management of those areas by the Department of Conservation or the Commissioner of Crown Lands.

There are five Deeds of Recognition, covering the Rotoma Forest Conservation Area, Lake Rotoma Scenic Reserve, Lake Tamurenui Wildlife Management Reserve, and those parts of the beds of the Tarawera and Rangitaiki Rivers under Crown ownership.

Protocols with government departments

The Deed of Settlement provides for the establishment of protocols to promote good working relationships on matters of cultural importance to Ngāti Tuwharetoa (Bay of Plenty) with the Ministry of Fisheries, the Department of Conservation and the Ministry of Culture and Heritage.

The Overlay Classification or Owhakatihi

The Overlay Classification or Owhakatihi will acknowledge the traditional, cultural, spiritual and historical values and associations of Ngāti Tuwharetoa (Bay of Plenty) with the Parimahana Scenic Reserve. The Owhakatihi will cover that part of the Parimahana Scenic Reserve not vested in Ngāti Tuwharetoa (Bay of Plenty) (40 hectares).

An Overlay Classification requires the Minister of Conservation and Ngāti Tuwharetoa (Bay of Plenty) to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing Ngāti Tuwharetoa (Bay of Plenty) values within the Parimahana Scenic Reserve.

The New Zealand Conservation Authority and relevant Conservation Boards will also be required to have regard to the principles and consult with Ngāti Tuwharetoa (Bay of Plenty) on the management of the Parimahana Scenic Reserve.

The Overlay Classification instrument is known as a Tōpuni in the Ngāi Tahu settlement and as a Taki Poipoia in the Ngāti Ruanui settlement.

Sites to be transferred and advisory body

Five areas of special significance to Ngāti Tuwharetoa (Bay of Plenty) will be returned to the iwi. These are:

• Te Atua Reretahi (in the Rotoma Forest Conservation Area);
• Otitapu Lookout (in the Lake Rotoma Scenic Reserve);
• Te Wahieroa (in the Western Whakatane Coastal Recreation Reserve);
• Te Kaukahiwi o Tirotirowhetu (in the Parimahana Scenic Reserve); and
• Whakapaukorero (in the Matatä Scenic Reserve).

These sites total approximately 66 hectares. Te Wahieroa, Parimahana and Whakapaukorero will remain reserved under the Reserves Act in order to protect the conservation values of the sites and maintain public access. Otitapu Lookout will be subject to a Protected Private Land Agreement to protect conservation values.

Te Atua Reretahi will be subject to a conservation covenant to protect conservation values. In addition, a Joint Advisory Committee will be established over the Matatā Scenic Reserve and the Matatā Wildlife Refuge Reserve. This committee will be made up of equal numbers of members nominated by Ngāti Tuwharetoa (Bay of Plenty) and the Department of Conservation. The committee will provide for the exchange of advice regarding each body’s management of land under its respective ownership.

This redress recognises the economic loss suffered by Ngāti Tuwharetoa (Bay of Plenty) arising from breaches by the Crown of its Treaty obligations. It is aimed at providing Ngāti Tuwharetoa (Bay of Plenty) with resources to assist them to develop their economic and social wellbeing. It includes:

Cash amount

Ngāti Tuwharetoa (Bay of Plenty) will receive a total of $10.5 million in cash or a combination of cash and Crown properties up to that value. The settlement includes the right to purchase approximately 844 hectares of licensed Crown forest land within the Rotoehu West Crown Forestry Licence.

Right of refusal

Ngāti Tuwharetoa (Bay of Plenty) will have a right of refusal over Crown geothermal assets associated with the supply of steam to the Tasman Pulp and Paper Mill, should they be offered for sale and the owners of the mill do not exercise their pre-emptive rights to the assets. Ngāti Tuwharetoa (Bay of Plenty) will also have a Right of First Refusal over a Crown-owned geothermal bore and associated land.