Scanned Using the Fujitsu 6670 Scanner and Scandall Pro Ver 1.7
Total Page:16
File Type:pdf, Size:1020Kb
Ngati Ruanui Claims Settlement Bill Government Bill Explanatory note General policy statement This Bill records the acknowledgements and apology given by the Crown to Ngati Ruanui in the deed of settlement dated 12 May 2001 between the Crown and Ngati Ruanui: . gives effect to the deed of settlement in which the Crown and Ngati Ruanui agreed to a final settlement of the Ngati Ruanui historical claims. Scope of settlement Ngati Ruanui are one of the 8 iwi of Taranaki. They are located in southern Taranaki and have approximately 4 000 registered mem- bers. In the deed of settlement, and in this Bill, Ngati Ruanui have been defined as descendants of- • people who descend from Ruanui o Pokiwa or a recognised ancestor of one of the 16 Ngati Ruanui hapu, or Tangahoe or Pakakohi; and • people who exercised customary interests in the Ngati Ruanui area of interest from 1840. The settlement settles all of the historical claims of Ngati Ruanui (including Tangahoe and Pakakohi). Those claims include all claims that are, or are founded on, a right from the Treaty of Waitangi or the principles of the Treaty of Waitangi, under legislation or at common law (including in relation to aboriginal title or customary law), from fiduciary duty, or otherwise; those that arise from, or relate to, acts 215-1 1 Ngati Ruanui Claims Settlement Explanatory note or omissions before 21 September 1992 by, or on behalf of, the Crown; or those that arise by or under legislation. The Crown is released and discharged from all obligations and liabilities in respect of those claims. Any claims that Ngati Ruanui may have as a result of any loss of interest in land, or natural or physical resources, outside of Taranaki are not settled under the deed of settlement or this Bill. In the deed of settlement, Ngati Ruanui and the Crown acknowledge the importance of Mount Taranaki to iwi of Taranaki. The deed records the agreement of Ngati Ruanui and the Crown to work together with other iwi of Taranaki to develop an apology and cultural redress for Ngati Ruanui and other iwi of Taranaki in rela- tion to their historical claims that relate to Mount Taranaki. Ngati Ruanui and the Crown have agreed that the apology and cultural redress will not include any financial or commercial redress. History of the claim Between 1990 and 1995, the Waitangi Tribunal investigated 21 claims concerning Taranaki Maori, including Ngati Ruanui, made to the Waitangi Tribunal under section 6 of the Treaty of Waitangi Act 1975. In 1996, the Waitangi Tribunal released its interim report on the Taranaki claims (including those of Ngati Ruanui), giving its preliminary views on the Taranaki claims. This report was based on the Waitangi Tribunal's inquiry up to the date of the report and was issued in order to expedite negotiations for settlements in relation to the Taranaki claims. Negotiations and deed of settlement In April 1998, the Crown recognised the mandate of the Ngati Ruanui Muru Me Te Raupatu Working Party (the Working Party) to represent Ngati Ruanui (including Tangahoe and Pakakohi) in negotiations. The Crown then entered into negotiations with the Working Party to negotiate a settlement offer for the comprehensive settlement of all the Ngati Ruanui historical claims. In August 1998, the Working Party and the Crown entered into terms of negotiation to specify the scope, objectives, and general procedure for the negotiations. The Crown and the Working Party reached a Heads of Agreement in September 1999, which recorded that, in principle, Ngati Ruanui Explanatory note Ngati Ruanui Claims Settlement 3 and the Crown were willing to settle the Ngati Ruanui historical claims. The Crown and the Working Party then finalised the settle- ment offer, which was put before Ngati Ruanui for ratification. Ngati Ruanui approved the acceptance of the proposed settlement by a majority vote (87.8% of participating adult members of the claimant community who were eligible to vote). On 12 May 2001, the Crown and Ngati Ruanui entered into a deed of settlement. The deed of settlement and this Bill provide for the final settlement of all of the Ngati Ruanui historical claims. The deed of settlement records that Ngati Ruanui and the Crown acknowledge that the settlement is fair in the circumstances. The settlement is conditional on the establishment of a governance entity (in accordance with the deed of settlement) and the passage of this Bill. Governance entity Te Runanga o Ngati Ruanui Trust (the governance entity) was ratified by Ngati Ruanui by majority vote (94% of participating adult members of the claimant community who were entitled to vote) in December 2001. The governance entity was subsequently estab- lished on 10 December 2001. In accordance with the deed of settle- ment, the governance entity has a structure that provides for repre- sentation of Ngati Ruanui, transparent decision-making and dispute- resolution processes, and full accountability to Ngati Ruanui. The governance entity will receive and manage the settlement redress for the benefit of Ngati Ruanui. The governance entity participated in the preparation of this Bill prior to its introduction. Negotiation and representation issues Throughout the negotiations, members of Ngati Ruanui, represent- ing some members of Tangahoe and Pakakohi in particular and, in some cases, members of Hamua, Hapotiki, and Ngati Tupaia hapu, have opposed the settlement. The opposition has related mainly to the inclusion of the Tangahoe and Pakakohi claims in the Ngati Ruanui settlement, the mandate of the Ngati Ruanui negotiators, and the process for developing the proposal for a governance entity. The Crown has considered the claims of members of Tangahoe and Pakakohi on a number of occasions and is satisfied that- • Tangahoe and Pakakohi are groups within Ngati Ruanui (affiliating to 11 of the 16 Ngati Ruanui hapu) under the 4 Ngati Ruanui Claims Settlement Explanatory note Crown's policy of negotiating settlements with large natural groupings of claimants, that their claims should be settled along with those of the rest of Ngati Ruanui. This was endorsed by the Waitangi Tribunal in the Pakahohi and Tan- gahoe Settlement Claims Report 2000: • the mandate of the working party was sound: • it took all appropriate steps to encourage those members of Tangahoe and Pakakohi who objected to the settlement to either become involved in the negotiating body or participate in the ratification process. This included making additional places available on the negotiating body, mediation, the offer of a facilitator, and amending the deed of settlement to recognise the traditions of Tangahoe and Pakakohi: • all members of the Ngati Ruanui claimant community were able to participate in the ratification processes for the settle- ment and for the governance entity: • the governance entity provides for the representation of all members of Ngati Ruanui (including Tangahoe and Pakakohi) through the hapu to which they affiliate. Claims relating to the settlement process by members of Tangahoe and Pakakohi have been considered by either the Waitangi Tribunal or the High Court on several occasions. The Waitangi Tribunal and the High Court made observations in relation to those claims but did not uphold them. Key elements of the settlement package The following summary sets out the key elements of the settlement package contained in the deed of settlement. Not all aspects of the settlement require legislation for their implementation. Acknowledgements by Ngati Ruanui and the Crown concerning the settlement The deed of settlement contains acknowledgements by Ngati Ruanui and the Crown concerning the settlement, that- • the settlement represents the result of extended negotiations conducted in good faith and in a spirit of co-operation and compromise: Explanatory note Ngati Ruanui Claims Settlement 5 • it is difficult to assess redress for the loss and prejudice suffered by Ngati Ruanui as a result of the events on which the historical claims are or could be based: • it is not possible to fully compensate Ngati Ruanui for all loss and prejudice suffered: • this foregoing of compensation is intended by Ngati Ruanui to contribute to the development of New Zealand. Taking all matters into consideration (some of which are specified above) the settlement is fair in the circumstances. Acknowledgements and apology by the Crown The deed of settlement also contains acknowledgements by the Crown, including those relating to the loss of life and destruction of property during the Taranaki wars, the confiscation by the Crown of Ngati Ruanui lands, the Crown's treatment of the Ngati Ruanui people residing at Parihaka, and the inadequacy of the West Coast Commissions. The deed also contains a formal apology given by the Crown to Ngati Ruanui (including Tangahoe and Pakakohi), to their ancestors, to their descendants, and to nga uri o nga hapu o Ngati Ruanui for the breaches of the Treaty of Waitangi acknowledged by the Crown in the deed. The apology also covers, amongst other things, the Crown's actions that resulted in loss of life during the Taranaki wars and the virtual landlessness of Ngati Ruanui, and the destructive and demoralising effects of the Crown's unconscionable actions on Ngati Ruanui. Part 1 records the acknowledgements and the apology set out in the deed of settlement. Redress for the settlement of Ngati Ruanui historical claims The deed of settlement provides for the following financial, com- mercial, and cultural redress in settlement of the Ngati Ruanui historical claims: • financial and commercial redress with a total value of $41 million, comprising the sum of the commercial redress properties to be vested in the governance entity ($609,500) and the cash settlement amount of $40,390,500 (which includes $700,000 that has previously been paid to Ngati Ruanui by the Crown as an "on account" advance and which 6 Ngati Ruanui Claims Settlement Explanatory note Ngati Ruanui and the Crown agree will be deducted from the amount paid to the governance entity on settlement date): .