Ngati Awa Claims Settlement Bill Government Bill Explanatory note General policy statement This Bill . records the acknowledgements and apology given by the Crown to Ngati Awa in the deed of settlement dated 27 March 2003 between the Crown and Ngati Awa; and . gives effect to the deed of settlement in which the Crown and Ngati Awa agree to a final settlement of all the Ngati Awa historical claims. Scope of settlement Ngati Awa are located in Eastern Bay of Plenty and have approxi- mately 13 000 members. In the deed of settlement, and in this Bill, Ngati Awa have been defined as the descendants of- • Awanuiarangi II; and • people who exercised customary interests at any time after 6 February 1840 in the Ngati Awa area of interest. The settlement settles all of the historical claims of Ngati Awa. Those claims include all claims that are, or are founded on, a right arising- • from the Treaty of Waitangi (Te Tiriti o Waitangi) or the principles of the Treaty of Waitangi (Te Tiriti o Waitangi): • under legislation or at common law (including in relation to aboriginal title or customary law): • from fiduciary duty: • otherwise; and 175-1 2 Ngati Awa Claims Settlement Explanatory note that arise from, or relate to, acts or omissions before 21 September 1992-- • by, or on behalf of, the Crown; or • by, or under, legislation. The Crown is released and discharged from all obligations and liabilities in respect of those claims. History of the claim In 1988 the Crown, in accordance with its policy of devolution to iwi authorities and at the request of Ngati Awa, enacted Te Runanga o Ngati Awa Act 1988 establishing the Te Runanga o Ngati Awa. This included a statutory pardon for those members of Ngati Awa involved in the events of 1865. In 1990 the Crown transferred the Ngati Awa station to Te Runanga o Ngati Awa. The Crown also made payments totalling $200,000 to Te Runanga o Ngati Awa in 1988 and 1990. In 1994, the Crown transferred the Whakatane Telecom site at an agreed value of $390,000 to Te Runanga o Ngati Awa. Ngati Awa has always regarded these returns as part settlement of its raupatu claims against the Crown. The mainly 19th century historical claims of Ngati Awa were heard by the Waitangi Tribunal between 1994 and 1995. In May 1995, the Waitangi Tribunal issued a memorandum observing that although the Crown had yet to be heard, Ngati Awa had demonstrated signifi- cant and compelling claims that were likely to require substantial compensation from the Crown to remedy past breaches of the Treaty of Waitangi (Te Tiriti o Waitangi). This point was previously made by the Waitangi Tribunal in its memorandum in November 1994. The Tribunal issued the Ngati Awa Raupatu Report on 8 October 1999. The Tribunal' s principal findings were that the confiscation of Ngati Awa' s lands was contrary to the Treaty of Waitangi (Te Tiriti o Waitangi), that there was no rebellion to justify confiscation, and that confiscation as effected against Ngati Awa appeared to have been beyond the authority of the New Zealand Settlements Act 1863. While the Crown did not present evidence to the Tribunal and does not necessarily agree with all the findings made by the Waitangi Tribunal, the Crown has acknowledged that the confisca- tion against Ngati Awa constituted an injustice and was therefore a breach of the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles. Explanatory note Ngati Awa Claims Settlement 3 Return of Mataatua Wharenui In the early 1870s the people of Ngati Awa undertook the construe- tion at Whakatane of a carved meeting-house, Mataatua. Construe- tion of Mitaatua was completed at the beginning of 1875, and in 1879 Mataatua was sent by the Crown for exhibition at the Inter- colonial Exhibition in Sydney, Australia. In 1880 the house was sent to Melbourne, then to London to be exhibited. Mataatua returned to New Zealand in 1924 for the South Seas Exhibition in Dunedin, and the Crown agreed to allow the University Museum in Otago to exhibit the meeting-house on permanent loan. Ngati Awa has always maintained that it did not transfer title to Mataatua and sought the return of the meeting-house to Whakatane. In August 1996 Ngati Awa and the Crown signed a deed of settlement to return Mataatua to Ngati Awa. Negotiation and deed of settlement In 1996 the Crown recognised the mandate of the Te Runanga o Ngati Awa to negotiate a settlement offer for the settlement of the historical claims of Ngati Awa. Terms of negotiation, which set out the scope and objectives for the negotiations, were signed in 1997. Negotiations resulted in Ngati Awa and the Crown entering into a non-binding heads of agreement on 21 December 1998. The Ngati Awa mandated negotiators participated in the preparation of this Bill prior to its introduction. The heads of agreement recorded in principle that Ngati Awa and the Crown were willing to settle the historical claims of Ngati Awa. The Ngati Awa mandated negotiators and the Crown then finalised the settlement offer which was put before Ngati Awa for ratification. Ngati Awa approved the acceptance of the settlement proposal by a majority vote (87%) of participating adult members of the claimant community who were eligible to vote. On 27 March 2003, Ngati Awa and the Crown entered into a deed of settlement. The deed of settlement and this Bill provide for the final settlement of all of Ngati Awa's historical claims. The deed of settlement records that Ngati Awa and the Crown acknowledge that the settle- ment 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. 4 Ngati Awa Claims Settlement Explanatory note Governance entity Ngati Awa are using private legislation to establish a statutory entity to succeed their current governing body, Te Runanga o Ngati Awa, as their governance entity for settlement purposes. The Ngati Awa mandated negotiators presented the proposed governance entity to their claimant community for ratification in January 2004. The pro- posed governance entity received 88.9% support from the 27.29% of eligible voters that voted. While acknowledging that voter turnout was comparatively low, the Minister in Charge of Treaty of Waitangi Negotiations, the Minister of Maori Affairs, and Te Runanga o Ngati Awa considered that the result demonstrated a sufficient level of support from the Ngati Awa claimant community. The Ministers were satisfied that the ratification process was carried out in a robust manner, largely in accordance with the strategy approved by the Crown. They noted that there was a high level of beneficiary registration, that no opposition to the proposals was actively voiced during the process, and that the level of support for the proposals shown by those who validly voted was high. In accordance with the deed of settlement, the proposed governance entity has a structure that provides for the representation of Ngati Awa, transparent decision-making and dispute resolution processes, and full accountability to Ngati Awa. The governance entity will receive and manage the settlement redress for the benefit of Ngati Awa. Ancillary Claims In the heads of agreement signed between Ngati Awa and the Crown on 21 December 1998, the Crown agreed, based on a Waitangi Tribunal recommendation, to settle 3 ancillary claims alongside, but separate from, the main Ngati Awa settlement. There were to be separate deeds of settlement for the 3 ancillary claims and timelines would differ from the main Ngati Awa settlement, but it was intended that the provisions to give effect to the Ngati Awa ancillary deeds of settlement be included within the main Ngati Awa Claims Settlement Bill. The Ngati Awa ancillary claims are Wai 79 (Pukaahu), concerning Awakeri Springs, Wai 247 (Waiohau), concerning a quarry site in the Waiohau C26 block, and Wai 248 (Rangitaiki), concerning a quarry site in the Rangitaiki 60C block. Cabinet has approved redress packages for the ancillary claims as follows: Explanatory note Ngati Awa Claims Settlement 5 • Pukaahu: a redress package to the value of $300,000, consis- ting of the return of land and $100,000 cash; • Waiohau: a redress package to the value of $70,000, consis- ting of the return of land and $20,000 cash; and • Rangitaiki: a redress package to the value of $40,000, consis- ting of the return of land. The deeds of settlement relating to the ancillary claims are now nearing finalisation. It is intended that the provisions relating to the ancillary claims be included in this Bill at a later stage, when the ancillary deeds of settlement are finalised, by means of a Supple- mentary Order Paper. 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 Awa and the Crown concerning the settlement The deed of settlement contains acknowledgements by Ngati Awa 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: . it is difficult to assess redress for the loss and prejudice suffered by Ngati Awa: . it is not possible to fully compensate Ngati Awa for all loss and prejudice suffered: • the forgoing of compensation by Ngati Awa is recognised by the Crown as a contribution to the development of New Zealand: . the decision of Ngati Awa in relation to the settlement is a decision that Ngati Awa take for themselves alone and does not purport to affect the position of other tribes.