Ngati Tama Claims Settlement Bill Government Bill Explanatory note General policy statement This Bill . records the acknowledgements and apology given by the Crown to Ngati Tama in the deed of settlement dated 20 December 2001 between the Crown and Ngati Tama: gives effect to the deed of settlement in which the Crown and Ngati Tama agree to a final settlement of all the Ngati Tama historical claims in Taranaki. Scope of settlement Ngati Tama is one of the 8 iwi of Taranaki. They are located in northern Taranaki and have approximately 900 registered members. In the deed of settlement, and in this Bill, Ngati Tama have been defined as the descendants of- • Whata, Rakaeiora, or Tamaariki; and • people who exercised customary interests in the Ngati Tama area of interest from 1 January 1800. The settlement settles all of the historical claims of Ngati Tama in Taranaki. Those claims include all claims that are founded on a right arising from the Treaty of Waitangi or the principles of the Treaty of Waitangi, under legislation or at common law (including aboriginal title or customary law), from fiduciary duty or otherwise, and 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. *1 1 Ngati Tama Claims Settlement Explanatory note Any claims that Ngati Tama 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. History of the claim Between 1990 and 1995, the Waitangi Tribunal investigated 21 claims concerning Taranaki Maori, including Ngati Tama, 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 Tama), 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 November 1996, the Crown recognised the mandate of the Ngati Tama Iwi Development Trust (the Mandated Representatives) to represent Ngati Tama in negotiations. The Crown then entered into negotiations with the Mandated Representatives to negotiate a set- tlement offer for the comprehensive settlement of all Ngati Tama' s historical claims in Taranaki. In August 1997, the Mandated Representatives and the Crown entered into terms of negotiation to specify the scope, objectives, and general procedure for the negotiations. The Crown and the Mandated Representatives reached a Heads of Agreement on 24 September 1999, which recorded that, in principle, Ngati Tama and the Crown were willing to settle Ngati Tama' s historical claims in Taranaki on the basis of the Crown's settlement proposal as set out in that Heads of Agreement. The Crown and the Mandated Representatives then finalised the settlement offer, which was put before Ngati Tama for ratification. Ngati Tama approved the acceptance of the settlement proposal by a majority vote (98%) of participating adult members of the claimant community who were eligible to vote. On 20 December 2001, Ngati Tama 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 Tama' s historical claims in Taranaki. The deed of settlement records that Ngati Tama and the Crown acknowledge that Explanatory note Ngati Tama Claims Settlement 3 the settlement is fair in the circumstances. The settlement is condi- tional 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 Tama Trust (the governance entity) was rati- fied by Ngati Tama in December 2002 by 98% of participating adult members of the claimant community who were entitled to vote. The governance entity was subsequently established on 20 January 2003. In accordance with the deed of settlement, the governance entity has a structure that provides for representation of Ngati Tama, transpar- ent decision-making and dispute resolution processes, and full accountability to Ngati Tama. The governance entity will receive and manage the settlement redress for the benefit of Ngati Tama. The governance entity participated in the preparation of this Bill prior to its introduction. 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 Taina and the Crown concerning the settlement The deed of settlement contains acknowledgements by Ngati Tama 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 Tama as a result of the events on which the historical claims are, or could be, based: • it is not possible to fully compensate Ngati Tama for all loss and prejudice so suffered: • the foregoing of compensation is intended by Ngati Tama 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. 4 Ngati Tama Claims Settlement Explanatory note Acknowledgements and apology by the Crown The deed of settlement contains acknowledgements by the Crown, including those relating to the loss of life and destruction of property during the Taranaki wars, the confiscations by the Crown of Ngati Tama lands, the division of Ngati Tama's ancestral land by the arbitrary placing of the northern confiscation boundary, the inade- quacies of the Compensation Court process, the treatment of Ngati Tama people at Parihaka, and the inadequacy of the West Coast Commissions. The deed also contains a formal apology given by the Crown to Ngati Tama, to their ancestors and to their descendants for the breaches of the Treaty of Waitangi acknowledged by the Crown in the deed. The apology covers, among other things, the Crowns actions that resulted in loss of life during the Taranaki wars and the virtual landlessness of Ngati Tama, and the destructive and demoral- ising effects of the Crown's unconscionable actions on Ngati Tama. Part 1 records the acknowledgements and the apology set out in the deed of settlement. Redress for the settlement of Ngati Tama's historical claims in Taranaki The deed of settlement provides for the following financial, com- mercial, and cultural redress in the settlement of all Ngati Tama's historical claims in Taranaki: • financial and commercial redress with a total value of $14.5 million, which includes- • $450,000 that has been previously paid to the Man- dated Representatives by the Crown as cash in advance of settlement, and which Ngati Tama and the Crown agree will be deducted from the amount paid to the governance entity on settlement date; and • a cash payment of $250,000 in advance of settlement: . a right of first refusal in favour of the governance entity over certain Crown-owned properties in the specified right of first refusal area for a period of 50 years from settlement date: . provision for the issue of protocols by the Minister of Conser- vation, the Minister of Fisheries, the Minister of Energy, the Minister for Arts, Culture and Heritage, and the Minister for Land Information, which set out how the relevant department Explanatory note Ngati Tama Claims Settlement 5 or ministry will perform its functions and duties, and exercise its powers, in relation to specified matters and interact with the governance entity on those matters. Subpart 1 of Part 5 contains provisions for the issue of these protocols to the governance entity: . the appointment of the governance entity as an advisory com- mittee to the Minister of Conservation. The Minister of Con- servation will consult with the advisory committee and have regard to its advice on specified matters: . the appointment of the governance entity as an advisory com- mittee to the Minister of Fisheries to provide advice in rela- tion to specified matters. The Minister of Fisheries will con- sider the advice of the advisory committee, and recognise and provide for the customary non-commercial interests of Ngati Tama in respect of specified matters: provision for an assessment by Ngati Tama on how the Treaty of Waitangi provisions and other relevant provisions of the Resource Management Act 1991 are being addressed within the Ngati Tama area of interest, and for the monitoring by the Crown (in accordance with section 24 of the Resource Man- agement Act 1991) of the performance of local government in implementing those provisions: . an acknowledgement that the Minister in Charge of Treaty of Waitangi Negotiations and the Minister for the Environment have written to both the Taranaki Regional Council and the New Plymouth District Council, encouraging them to enter into a protocol (or similar document) with the governance entity in relation to the interaction between the council and Ngati Tama: . an acknowledgement that the Minister of Conservation has written to the Taranaki/Wanganui Conservation Board and the Taranaki Fish and Game Council, encouraging them to enter into a protocol (or similar document) with the govern- ance entity on specified matters: an acknowledgement that the Minister of Crown Research Institutes has written to Landcare Research and to the National Institute of Water & Atmospheric Research Limited, encouraging each to enter into a protocol with the governance entity in relation to matters of common interest: 6 Ngati Tama Claims Settlement Explanatory note the vesting in the governance entity of a number of cultural redress properties that are of significance to Ngati Tama.