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Ngāti Rangitihi Claims Settlement Bill Government Bill

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Ngāti Rangitihi Claims Settlement Bill Government Bill Ngāti Rangitihi Claims Settlement Bill Government Bill Explanatory note General policy statement Legislation is required to give effect to some elements of the Ngāti Rangitihi deed of settlement (the deed) which was signed by Ngāti Rangitihi and the Crown on 5 December 2020. This Bill records the acknowledgements and apology made to Ngāti Rangitihi by the Crown when the deed was signed and gives effect to the elements in the deed that require legislation. Ngāti Rangitihi Ngāti Rangitihi trace their origins to the Te Arawa waka and have interests around Rotorua, Kaingaroa, and Matatā. Ruawahia, the central peak of Tarawera Maunga, Lake Tarawera, and the Tarawera Awa are of special significance to Ngāti Rangitihi. This is reflected through redress in the Ngāti Rangitihi settlement. The 2013 Census records Ngāti Rangitihi as having approximately 2,298 members. As at the date the deed was signed, Te Mana o Ngāti Rangitihi Trust, the post-settlement governance entity, had 5,657 registered claimants. Negotiations Ngāti Rangitihi were a party to the 2006 Te Arawa Lakes settlement and the 2008 Central North Island Forest Land Collective (CNI) settlement. Through the CNI settlement, Ngāti Rangitihi received a share of Crown forest land in their rohe valued at $7,334,820. This redress was received on-account of their individual comprehen- sive settlement. In June 2015, the Crown recognised the mandate of Te Mana o Ngāti Rangitihi Trust to represent Ngāti Rangitihi in negotiating the settlement of their historical Treaty of Waitangi claims. Terms of negotiation were signed later in 2015. Ngāti Rangitihi have been in substantive negotiations with the Crown since April 2016. In December 2018, the Crown and Te Mana o Ngāti Rangitihi Trust signed an 17—1 2 Ngāti Rangitihi Claims Settlement Bill Explanatory note Agreement in Principle. In July 2020, the Crown and the trustees of Te Mana o Ngāti Rangitihi Trust initialled the deed. In July 2019, the Ngāti Rangitihi claimant community ratified their post-settlement governance entity, also named Te Mana o Ngāti Rangitihi Trust, with an approval rate of 92%. Between July and August 2020, the Ngāti Rangitihi claimant community ratified the deed with an approval rate of 92%. In December 2020 the Crown and the trustees of Te Mana o Ngāti Rangitihi Trust signed the deed at Rangitihi Marae in Matatā, where over 500 people were in attend- ance. Ngāti Rangitihi settlement Ngāti Rangitihi aspirations Throughout settlement negotiations, Ngāti Rangitihi sought to fulfil 6 pou that embody their aspirations for their mokopuna and tīpuna. The pou are— • restoration and protection of Ngāti Rangitihi cultural heritage and history for future generations: • restoration of the health and well-being of the Ngāti Rangitihi people: • restoration of the mana of Ngāti Rangitihi: • reassertion of a Ngāti Rangitihi presence throughout their rohe: • rebuilding an economic base for Ngāti Rangitihi: • revitalising and restoring the role of Ngāti Rangitihi as kaitiaki of their resources and natural environment. Key elements of Ngāti Rangitihi settlement The settlement contains Crown acknowledgements of, and an apology for, well-foun- ded breaches of the Treaty of Waitangi and its principles. The Crown acknowledges it breached its Treaty obligations when it failed— • to protect the tribal structures of Ngāti Rangitihi: • to act in good faith when leasing and purchasing Ngāti Rangitihi land blocks: • to protect Ngāti Rangitihi from becoming virtually landless: • to protect the Tarawera River: • to actively protect te reo Māori and encourage its use: • to protect Ngāti Rangitihi from the impact of high survey costs: • to act in good faith by taking excessive land at Te Ariki for public works pur- poses. The settlement provides for 19 sites of deep significance to be transferred to Ngāti Rangitihi as cultural redress on the settlement date. This includes 2 properties at Te Tapahoro Bay, the “beating heart” of the Ngāti Rangitihi rohe, 2 properties in and Explanatory note Ngāti Rangitihi Claims Settlement Bill 3 around the Waimangu Volcanic Valley, the former site of the Pink and White Terraces, and 5 properties at Matatā. An important element of the settlement for Ngāti Rangitihi is the natural resources arrangement over the Tarawera Awa. The settlement establishes the Tarawera Awa Restoration Strategy Group, which will operate as a permanent joint committee of the Bay of Plenty Regional Council. The Tarawera Awa Restoration Strategy Group will support, co-ordinate, and promote the integrated restoration of the mauri and well- being of the Tarawera River Catchment. The settlement also provides $500,000 to help enhance the mauri of, and Ngāti Rangitihi’s relationship with, the Tarawera Awa. Also provided through the settlement are statutory acknowledgements and deeds of recognition over 4 areas (including the Tarawera Awa), and statutory acknowledge- ments over 7 areas. A whenua rāhui is provided over the Lake Tarawera Historic Reserve and part of Lake Tarawera Scenic Reserve. The total financial and commercial redress for Ngāti Rangitihi is $11,334,820 (plus interest). This consists of a share of Crown forest land in the central North Island valued at $7,334,820 and $4,000,000 financial redress. Departmental disclosure statement The Office for Māori Crown Relations—Te Arawhiti is required to prepare a disclos- ure statement to assist with the scrutiny of this Bill. It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx? type=bill&subtype=government&year=2021&no=17 Clause by clause analysis Clause 1 sets out the Title of the Bill. Clause 2 is the commencement clause, providing for the Bill to come into force the day after the date on which it receives the Royal assent. Part 1 Preliminary provisions Clauses 3 to 6 set out the purpose of the Bill, that the Bill will take effect on the settlement date (as defined) unless a provision states otherwise, the requirement that the Act will bind the Crown, and an outline of the provisions of the Bill. Clauses 7 to 10 set out, in English and te reo Māori, a summary of the historical account that is included in full in the deed of settlement, the Crown’s acknowledge- ments. and its apology to Ngāti Rangitihi. Clauses 11 and 12 provide for the interpretation of certain terms used in the Bill. 4 Ngāti Rangitihi Claims Settlement Bill Explanatory note Clauses 13 and 14 define, respectively, the claimant group Ngāti Rangitihi and the historical claims that are settled by the Bill. Historical claims settled and jurisdiction of courts, etc, removed Clause 15 provides that the settlement of the historical claims of Ngāti Rangitihi is final, that the Crown is discharged from obligations and liabilities in relation to those claims, and that litigation on those claims, the deed of settlement, the Act, and the redress is excluded (see subclause (4)). However, that does not exclude the jurisdic- tion of a court or tribunal to determine a matter of interpretation or implementation of the deed or the Bill (see subclause (5)). Clause 16 amends the Treaty of Waitangi Act 1975 to give legal effect to clause 15(4) and (5). Resumptive memorials no longer to apply Clauses 17 and 18 provide that specified enactments no longer apply to particular land and remove the memorials from the records of title relating to that land. Miscellaneous matters Clause 19 overrides the rule under trust law that limits the life of a trust and of any documents that give effect to the settlement. Clause 20 requires the deed of settlement to be available for inspection or purchase. Part 2 Cultural redress Subpart 1—Protocols Subpart 1 (clauses 21 to 26) provides that the Minister of Energy and Resources must issue a Crown minerals protocol and the Minister for Arts, Culture, and Heritage must issue a protocol in the form of Appendix B of the Whakaaetanga Tiaki Taonga. The subpart sets out certain limitations on the effect of the protocols. The Crown must comply with the terms of the protocols. Subpart 2—Statutory acknowledgement and deeds of recognition Subpart 2 (clauses 27 to 40) contains the Crown’s acknowledgement of the statement made by Ngāti Rangitihi of their association with certain statutory areas (see Parts 1 and 2 of Schedule 1). The purposes and limits of the statutory acknowledgement are specified. The subpart also provides that the Crown must issue deeds of recognition for some of the statutory areas (see Part 2 of Schedule 1). Subpart 3—Whenua rāhui Subpart 3 (clauses 41 to 55) provides for a whenua rāhui classification to be declared over the Lake Tarawera Historic Reserve and part of the Lake Tarawera Scenic Reserve (see Schedule 2). The purposes and limits of this classification are specified. Explanatory note Ngāti Rangitihi Claims Settlement Bill 5 The subpart authorises the making of certain regulations and bylaws (which must be published as secondary legislation under the Legislation Act 2019). Subpart 4—Joint advisory committee Subpart 4 (clauses 56 to 62) provides for Ngāti Rangitihi to participate in the commit- tee set up under the Ngāti Awa settlement (see Part 4 of the Ngāti Awa Claims Settle- ment Act 2005). The subpart specifies, in relation to Whakapoukarakia and to a part of the Matata property, a function of the committee additional to the functions set out in the Ngāti Awa Claims Settlement Act 2005. Subpart 5—Lake Tarawera Scenic Reserve Subpart 5 (clauses 63 to 66) better provides for Ngāti Rangitihi interest in this reserve by changing its classification to a historic reserve (with a change to its official geo- graphic name) and by protecting the future right of the trustees in respect of the name of the reserve.
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