"A" NGATI TUWHARETOA and TE KOTAHITANGA O NGATI TUWHARETOA and THE CROWN DEED OF SETTLEMENT OF HISTORICAL CLAIMS 8 July 2017 NGATI TUWHARETOA DEED OF SETTLEMENT PURPOSE OF THIS DEED This deed - • sets out an account of the acts and omissions of the Crown before 21 September 1992 that affected Ngati Tuwharetoa and breached Te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and • provides an acknowledgement by the Crown of the Treaty breaches and an apology; and • settles the historical claims of Ngati Tuwharetoa; and • specifies the cultural redress, and the financial and commercial redress, to be provided in settlement to the governance entity that has been approved by Ngati Tuwharetoa to receive the redress; and • includes definitions of - - the historical claims; and - Ngati Tuwharetoa; and • provides for other relevant matters; and • is conditional upon settlement legislation coming into force. 1 NGATI TUWHARETOA DEED OF SETTLEMENT TABLE OF CONTENTS TE KAPUA WHAKAPIPI............................................................................................................ 5 NGA POU E TORU (THE THREE POU)................................................................................ 9 1 BACKGROUND............................................................................................................... 12 2 HISTORICAL ACCOUNT............................................................................................... 14 3 ACKNOWLEDGEMENT AND APOLOGY................................................................ 115 4 SETTLEMENT...............................................................................................................127 5 TE POU TUATAHI: TONGARIRO TE MAUNGA.....................................................132 6 TE POU TUARUA: TE MAt APUNA O TE WAI, TE AHI TAMOU........................ 134 7 TE POU TUATORU: T0WHARETOA TE IWI, T0WHARETOA TE HAPO 152 8 GENERAL CULTURAL REDRESS............................................................................161 9 FINANCIAL AND COMMERCIAL REDRESS...........................................................173 10 SETTLEMENT LEGISLATION, CONDITIONS AND TERMINATION..................178 11 GENERAL, DEFINITIONS AND INTERPRETATION............................................. 180 2 NGATI TUWHARETOA DEED OF SETTLEMENT SCHEDULES GENERAL MATTERS 1. Implementation of settlement 2. Interest 3. Tax 4. Notice 5. Miscellaneous 6. Defined terms 7. Interpretation PROPERTY REDRESS 1. Disclosure information and warranty 2. Vesting of cultural redress properties 3. Commercial redress properties 4. Deferred selection property and deferred selection geothermal assets 5. Deferred purchase 6. Terms of transfer for commercial redress properties, purchased deferred selection property and purchased deferred selection geothermal assets 7. Notice in relation to redress properties, deferred selection property and deferred selection geothermal assets 8. Definitions DOCUMENTS 1. Deed of Trust (Tongariro National Trout Centre) 2. Ngati TGwharetoa values 3. Protection principles 4. Statements of association 5. Protocols 6. Relationship Agreement with the Ministry for the Environment 7. Te Piringa Agreement with Department of Conservation 8. Encumbrances 9. RFR deed over quota ATTACHMENTS 1. Area of interest 2. Deed plans 3. RFR area 4. Properties understood to remain as Collective RFR Properties as at the date of this deed 5. Draft settlement bill 3 NGATI TUWHARETOA DEED OF SETTLEMENT DEED OF SETTLEMENT THIS DEED is made between NGATI TUWHARETOA and TE KOTAHITANGA O NGATI TUWHARETOA and THE CROWN 4 NGATI TUWHARETOA DEED OF SETTLEMENT TE KAPUA WHAKAPIPI Ko Tongariro te maunga Ko Taupo te moana Ko Tuwharetoa te iwi Ko Te Heuheu te tangata Within these simple words are encapsulated the very essence of who and what Ngati Tuwharetoa are as a people. From a Tuwharetoa perspective, the past, present and future are seen as a cyclical continuum, each giving relevance and meaning to the other. Therefore, within this context we will begin the journey of our people with the haerenga that Te Ariki Ta Tumu Te Heuheu undertook between 2012 and 2014. On this haerenga, Te Ariki visited each and every hapu of Ngati Tuwharetoa to listen to the people and to learn what their aspirations were for their hapu and for their mokopuna. The resulting vision is a blueprint for the future of Ngati Tuwharetoa named Te Kapua Whakapipi. The text that follows is the speech that Te Ariki delivered to every hapu on his haerenga. "TGKINO (VIII) TE ARIKI TUMU TE HEUHEU Ka tTtiro whanui au I gaze into the distance Ki nga kokonga o toku rohe To the corners of my lands Kei reira nga mana o te motu To where the prestige of land lays Ko nga whanau, nga marae, nga hapu The whanau, marae, hapu Ki mai nga korero o o matua tupuna The old people our koroua and kuia cry out Whakaponotia! Manaakitia! Pumautia Believe in them! Care for them! Hold fast through the tikanga of Ngati Tuwharetoa Tihei mauri ora! "Ko Tuwharetoa te iwi, ko Tuwharetoa te hapu" This statement, once spoken by our kaumatua, is a timely reminder of the permanence and the resilience of our whakapapa and its centrality in defining our identity and our unity as Ngati Tuwharetoa. When our kaumatua spoke of hapu, they were intimately aware of the existence of whanau and hapu whakapapa that established unique, but overlapping lines of history, that are boundless through time, geography, and space. Each of us, and each of our hapu, are able to travel along a relatively unique journey through the pathways of our whakapapa. The above statement is important because it epitomises our strength and our capacity to unreservedly acknowledge the whakapapa bonds that bind and unite us as Ngati Tuwharetoa. 5 NGATI TUWHARETOA DEED OF SETTLEMENT TE KAPUA WHAKAPIPI Our whakapapa is the foundation of our identity; it is the foundation of who we are. It is the source of our whakakotahitanga because it combines the collective strength of all our hapG of Ngati TGwharetoa through bonds that are real, emphatic and established by our collective commitment to our TGwharetoatanga. Throughout Ngati TGwharetoa's history, this mindset has dominated. It has been clearly demonstrated in our continued survival and development, despite the erosive interference of colonial rule and its introduced laws. So I urge us all to maintain our respect for our TGwharetoatanga and to preserve this as our ultimate platform of strength in moving forward to implement a collective vision that will deliver us with a future that our mokopuna and their descendants will forever cherish. This is not to deny the rightful importance we place in our whanau and our hapG, but it does commit us to acknowledge those bonds that unite us all as Ngati TGwharetoa. We are indeed very fortunate that our vision for the future has been inspired by the outstanding deeds of our Ngati TGwharetoa tGpuna. Our whakapapa is here and it is that, of which we are all wanting to cherish. We have witnessed a rapacious colonial mindset and a hunger that has severed and weakened our people's relationship with our taonga tuku iho. In the process, we have been subjected to the systematic political and legislative erosion of our traditional beliefs and values, and all of this has imposed a heavy toll on the many facets of our wellbeing. We take heart in the fact that our history does illustrate our remarkable resilience for survival in a world of incredible challenge and uncertainty. Our survival is attributed to the legacy laid down for us by our ancestors, originating with our eponymous ancestor Ngatoroirangi. Our adherence to upholding the values and relationships between ourselves as a people and our environment has never wavered; Ngati TGwharetoa has never ceded our authority within our rohe, each generation upholding the legacy of Ngatoroirangi. Thus, seeing the past, present and future as a continuum, Ngati TGwharetoa is an ontological reflection of our environment and vice versa, one unable to exist without the other. We hold fast to this understanding that it may continue to be the foundation for our generations to come. Through my recent engagements with our hapG of Ngati TGwharetoa, I am learning that many of us share similar concerns and frustrations about the current state of our wellbeing, and the erosive impacts of external forces on our TGwharetoatanga. I am inspired to hear, however, that our aspirations and visions for ourselves, and our mokopuna, are remarkably similar, and that you share a passion to develop a clearer collective vision for our future. How this vision is shaped and realised will be something that each individual and hapG will no doubt have views on, and we must address this in a timely and constructive manner. At our hapG hui I have received many suggestions on what needs to be fixed and how things may be improved. I am recording these suggestions and they will be given very serious consideration, as will the range and nature of solutions that may be possible. I will not pre-empt this thinking before I have had the opportunity to hear from all our hapG. At this early stage of our korero, I want to emphasise the following thoughts: Tikanga: our tikanga is a central consideration in the blueprint that we develop for our future. I need not explain the tikanga, as you are well aware of the key concepts and components, and the importance of maintaining our reo rangatira. Many of our people have already raised grave concerns over the apparent decline in the number of kaumatua and pakeke who are able to