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Deed of Settlement of Historical Claims ______ Deed of Settlement between Te Rarawa and the Crown - Version for Ratification purposes TE RARAWA and THE CROWN __________________________________________________________________ DEED OF SETTLEMENT OF HISTORICAL CLAIMS ___________________________________________________________________ [INSERT SIGNING DATE] 1 Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT KARAKIA Na Pā Hēnare Tate E te Atua Matua kō koe te kaihanga o te rangi me te whenua te mātāpuna o te ora, o te tapu. Ko tō mātou inoi tēnei hōutia tō rongo ki runga i te whenua, ki waenganui i te tangata. Tirohia atawhaitia te kaupapa tātari i ngā take pā ki te Tiriti o Waitangi. Arohaina tonutia ngā tīkanga kawe i te kaupapa kia puta mārama ai te rangatiratanga o te tangata, o te whenua. Werohia mātou ki te tao o te pono kia tūtuki, rawatia ēnei take. E te Atua, kia aroha nui nei ki a mātou. Kō koe hoki te tīmatanga me to whakatūtukitanga o ngā mea katoa. 2 Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT MIHI Ki te mano me te tini o ngā tūpuna i paiheretia te mauri o Te Rarawa ngā mihi whānui atu ki a rātou, kua wehe atu ki tua o te arai ki roto i te wharara o te rangi, ki pūōrangi, ka tau ki hororangi, koia e heke nei te tangata ki te pō, e rere nei te wairua ki te rangi. Papa te whatitiri uira kapakapa ki runga o ngā maunga hirahira o Te Rarawa, hikihiki rangi kō Tāne, kō wai tērā ki te whakapūaki ki ngā kete o aronui, tuāuri, tuātea, mā wai rā e whakakapi ngā kōhao whakaputa, mā te Kuini pea? Kā nui te rarunga o Te Rarawa i roto i ngā tau o te ture muru whenua, a i rawakoretia ngā uri whakaheke. Nā wai rā ēnei mahi whakareianga, kō kitea ehara kō te Kuini. E ngā hapū o Te Rarawa maranga ki runga, manaakitia tō iwi, herea te tangata ki te whenua toenga. Ngā maramara i tohetia i te Whare Mīere, ō rātou i para te huarahi i te roanga. Ngā pitihana māringi, ngā hīkoitanga tautohe, ngā ngaio ki ngā kooti teitei aue ina te kohuretanga. Kō te whakapapatanga kia whiwhi i te korōria o te aiotanga, i roto i ngā pono me te tika o ngā tatūranga kerēme hauora ki te tangata. 3 Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT WAIATA Waiata Pao, Kaitito, Hohepa Cooper Ka muku muku Ka muku muku, Ka meke meke E kore! E kore! E kore rawa Te Karauna e whakaae Ki te muku katotia tōna poapoa I roto i ngā takotoranga kupu Mō ngā kerēme māringi o Te Rarawa Ina te kohuretanga Me pēhea rā e angamua ai i roto I ngā wetewete o Te Tāpeta Te kaha o te tika, te kaha o te pono Ina te kohuretanga Kua pau haere ngā tau, e haere ana I te roanga - ai - ee e homa, ko tū anō he, kāwanatanga, Kūmea, kūmea, kūmea e Te Rarawa Hikitia hikitia ngā wawata Tō mana motuhake! Tō tino rangatiratanga! Tītiro ki ngā tūpuna i para te huarahi Mai Te Riu-o-Hokianga Ki te Oneroa ki te tere terenga O te huka i Hukatere e-i-e Hei korowai mō ngā uri tupu Kūmea kūmea, kūmea! Tō waka Tīnana, te tūpuna Tūmoana Nā te hekenga i hōra te tuapapa I te moana-nui-a-Kiwa, ki te moana Tāpokopoko-o-Tāwhaki Ki te Papatuputupu whenua I te pū o te ika, i te tai-hau-a-uru E-i - Ngarunui, Ngaruroa, Ngaru-paewhenua e Ka hara mai te toki o haumia-e, hui-e, taiki-e. Waiata tangi mō Pōroa Waiata tangi mō Te Hūhū Ka mate rā koe ka mate rā koe Teia te uira e hiko i te rangi, I tētahi o pīpine i tētahi Oropaki E wāhi rua ana rā runga o Tauwhare, I patu patua ai Kaore ia nei ko te tohu o te mate. Ka pīpine te tangata, Unuhia noatia te ata o Whāro. Pīpine atu nā Te Rarawa I haere wareware ko te hoa i ahau; Kei Nūmaka kei Kōpanga Takiri whakarere te pua i tō ringa, Kei ngā kainga e rua o Uenuku Rongo mai Haranui, Uenukuwareware. Tēnā pea kei tū a te tai uru E ui ana koe, kei hea te mārama? Kei ngā pito kōwhatu He Tangaroamua, he paunga koiekore. i raro o Waipuna Ka rūmaki atu koe i runga o Raukawa, Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT Kei runga rā pea koe kei Te Hoi-o- Ka rere whakawahine te tonga o te rā. Māui E tangi haere ana ngā tai o te uru, Kei runga kei o pukupuke nohoanga Te papa o Whareana tō ara haerenga; kōrero Tāhuhu kau ana ngā puke i te tonga. Ki te riri kia marama koe te tītiro Ka hutia te tohunga ki runga ki a Rona, Ngā tai Aupaki i waho o hirahira Ka whakairia nei, e i! Ngā tai kōrero Uakina ake rā te tatau o te rangi, Te tai whakahui Kia piki atu koe i te rangi tuātahi, Te tai o Miruhara I te rangi tuārua. E tae ki raro ra, Ka whati rā i te kawa o Rāhiri I roto o Waimako. Ka tokia tō kiri. e ngaua i te rangi Ko te pakipaki o te ao, ka maunu mai E kore koe e ora nei, I te uma kakai a Te Aupōuri Ko te taroi o te riri, e i! Ka pau te tīpona waiho kia takoto Ko Te Tai, ko Te Ataoterangi i mahue Tau noa hoki koe i te Kahu Rāpaki ake nei; Tau noa hoki koe ki te ranga pa ruru Whakapiri rā ia Te Whetuitetonga, Kia tīaina koe te Huia o Tūtonga kia Atutahi ma Rēhua, e i! pohoitia Ehara, e te hoa, he utanga kupu au He takapu noho uru Na rau o iwi, na rau o tangata. Kia tirohia atu tō mata whakarewa Ka ngaro ngā iwi, ka rū te whenua; Ki te wai ngārahu tō ihu whakatara Ka poua taua ngā pou tū noa Te ihu o Taiwhanga ko te toki rā tēnā I roto o Waimako. Ka tokia to kiri I haua ai Te Papa o Māui E te tōmairangi whenua i roto o I haratuatia ai Hokianga; Te Mānunu o Whāngai me ōna āhua Ka timu ngā tai, ka mokaia hoki, e i! Ka moe naia te wheao E tītiro ana hau te puia tū noa o te ngō me te ngāna I runga i a Heke, tineia kia mate, o Tu Mete ngāna Kia mate rawa hoki, kei tae hoki ake. Hau riri engari rā ia E mahara ana roto ki te kino rā ia, Tō tuakana a Hongi Hika Ka tauwehea nei, e i! Ka pau te Horahora Ka pau te tau aki iii. Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT PURPOSE OF THIS DEED This deed: sets out an account of those acts and omissions of the Crown before 21 September 1992 that affected Te Rarawa and breached Te Tiriti o Waitangi / the Treaty of Waitangi and its principles; provides an acknowledgment by the Crown of the Treaty breaches and an apology; settles the historical claims of Te Rarawa; specifies the cultural redress, and the financial and commercial redress, to be provided in settlement to Te Rūnanga o Te Rarawa, which has been approved by Te Rarawa to receive the redress; includes definitions of: - the historical claims; and - Te Rarawa; provides for other relevant matters; and is binding once it is signed by the Crown and Te Rarawa, but is conditional upon settlement legislation coming into force after passage through Parliament. Page 1 Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT TABLE OF CONTENTS 1 BACKGROUND ................................................................................................... 6 2 HISTORICAL ACCOUNT ................................................................................... 17 3 ACKNOWLEDGEMENTS AND APOLOGYERROR! BOOKMARK NOT DEFINED. 4 SETTLEMENT ................................................................................................... 82 5 CULTURAL REDRESS: TE ONEROA-A-TŌHĒ ................................................ 85 6 CULTURAL REDRESS: WARAWARA WHENUA NGĀHERE I TE TAIAO ..... 104 7 CULTURAL REDRESS: KOROWAI ATAWHAI MŌ TE TAIAO - KOROWAI FOR ENHANCED CONSERVATION ........................................................................ 112 8 CULTURAL REDRESS: TE HIKU O TE IKA IWI - CROWN SOCIAL DEVELOPMENT AND WELLBEING ACCORD ................................................ 160 9 GENERAL CULTURAL REDRESS .................................................................. 163 10 FINANCIAL AND COMMERCIAL REDRESS ................................................... 177 11 SETTLEMENT LEGISLATION, CONDITIONS AND TERMINATION ............... 184 12 GENERAL, INTEREST, DEFINITIONS AND INTERPRETATION .................... 186 Page 2 Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT SCHEDULES GENERAL MATTERS 1. Implementation of settlement 2. Tax 3. Notice 4. Miscellaneous 5. Defined terms 6. Interpretation PROPERTY REDRESS 1. Disclosure information and warranty 2. Vesting of cultural redress properties 3. Commercial redress properties 4. Deferred selection properties 5. Right of purchase 6. Terms of transfer for commercial redress properties 7. Notice in relation to redress properties 8. Definitions DOCUMENTS 1. Te Hiku o Te Ika Iwi - Crown Social Development and Wellbeing Accord 2. Statements of association 3. Protocols 4. Letter of commitment 5. Encumbrances 6. Leases 7. List of hapū of Te Rarawa LEGISLATIVE MATTERS 1. Introduction 2. Title, Commencement and Purpose 3. Settlement 4. Settlement Implementation 5. Te-Oneroa-a-Tōhē 6. Korowai Atawhai Mō Te Taiao - Korowai for Enhanced Conservation 7. Warawara Page 3 Deed of Settlement between Te Rarawa and the Crown - Version for Ratification Purposes TE RARAWA DEED OF SETTLEMENT 8. Statutory Acknowledgements 9.
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