Summary of the Ngati Apa Deed of Settlement
The Ngati Apa Deed of Settlement was initialled on 3 September 2008 at Parliament.
The following settlement was initialled on 3 September 2008 and remains subject to ratification and the passage of settlement legislation. A copy of the initialled Deed is available for download here.
The Ngâti Apa (North Island) Settlement is the final settlement of all Ngâti Apa’s North Island historical claims resulting from acts or omissions by the Crown before 21 September 1992 and is made up of a package that includes:
• an agreed historical account and Crown acknowledgements, which form the basis for a Crown Apology to Ngâti Apa;
• Cultural redress; and
• Financial and commercial redress.
The benefits of the settlement will be available to all members of Ngâti Apa, wherever they live.
General Background
Ngâti Apa have more than 3,200 members, and are a separate group from Northern South Island-based Ngâti Apa ki Te Râ To, who are negotiating their historical claims through the Kurahaupô Ki Te Waipounamu Trust. The historical grievances of the iwi relate primarily to the Crown’s purchase in 1849 of the 260,000 acre Rangitikei-Turakina Block, including the subsequent failure to adequately protect approximately 35,000 acres of reserves set aside from this transaction. Their claims also relate to the operation and impact of the native land laws, which contributed to the erosion of traditional tribal structures and resulted in the gradual alienation of nearly all Ngâti Apa remaining land. Today Ngâti Apa own less than one percent of their traditional rohe.
An account of the historical background agreed between the Crown and Ngâti Apa is included in the Deed of Settlement, along with acknowledgments of Crown breaches of the Treaty of Waitangi and a Crown Apology for those breaches.
The Crown recognised the mandate of Te Rûnanga o Ngâti Apa (Te Rûnanga) to negotiate a settlement on behalf of Ngâti Apa to settle their historical Treaty claims on 16 November 2004. The Crown signed Terms of Negotiation with Te Rûnanga on 27 July 2005. On 12 July 2007 the Crown and Ngâti Apa signed an Agreement in Principle. A Deed of Settlement based on this agreement was initialled on 3 September 2008. The Deed will now be subject to ratification by members of Ngâti Apa through a postal ballot. If ratified the Deed of Settlement will be signed and implemented following the passage of legislation.
Te Rûnanga is led by Adrian Rurawhe (Chairman). The Minister in Charge of Treaty of Waitangi Negotiations, Hon Dr Michael Cullen, represented the Crown in high-level negotiations with Ngâti Apa, as did his predecessor Hon Mark Burton.
Summary of the Historical Background to the Claims by Ngâti Apa
At 1840, Ngâti Apa in the Rangitikei-Manawatu area had land interests stretching from Motukaraka south to Omarupapako and inland to the upper Rangitikei area. Three Ngâti Apa signed the Treaty of Waitangi at Tawhirihoe pâ in May 1840.
In 1844, Commissioner William Spain investigated a claim by the New Zealand Company to a large area in the Whanganui region in which Ngâti Apa had interests. Ngâti Apa were not consulted on the claim nor were their interests recognised in Spain’s final report recommending that the Company be awarded 40,000 acres. In 1848, the Crown completed the Whanganui purchase but for a much larger area. Ngâti Apa were consulted in this transaction and received £100 of the purchase money and three reserves in return for their consent to the Whanganui sale.
In 1849, the Crown purchased from Ngâti Apa 260,000 acres known as the Rangitikei-Turakina block for £2,500. Through this transaction Ngâti Apa endeavoured to establish a relationship with the Crown, and wished to obtain various benefits from the establishment of a European settlement in their vicinity, including peace, protection and prosperity. The Crown aimed to open up the land for development and extend British influence among Mâori. The 1849 sale deed created a large general reserve of 35,000 acres between the Whangaehu and Turakina Rivers for all of Ngâti Apa to collect and settle on.
Ngâti Apa were mostly supportive of the settler government during the 1860s when tension over Crown land purchasing was widespread among North Island Mâori. Some Ngâti Apa fought alongside Crown forces in the New Zealand Wars in 1865.
In 1866, Ngâti Apa and other iwi sold 241,000 acres to the Crown for £25,000 in order to resolve disputes over leasing revenues and the nature of land interests. Ngâti Apa received £10,000 and 4,000 acres from the reserves set aside. Once again, at the signing of the purchase deed, Ngâti Apa affirmed their desire for positive relationships with settlers and their loyalty to the Crown.
The Native Land Acts of 1862 and 1865 established the Native Land Court to determine the owners of Mâori land and to convert customary title into title derived from the Crown. There was opposition within Ngâti Apa to the operation of the Native Land Court and the alienation of their lands. Some Ngâti Apa joined a repudiation movement and called for the abolition of the Court. Sometimes Ngâti Apa incurred considerable costs and hardship in attending hearings.
From 1867, members of Ngâti Apa, who could demonstrate ancestral and customary interests in the area, were awarded titles for their reserves from the Rangitikei–Turakina purchase from the Court. This was despite the arrangements in the 1849 deed creating the Whangaehu-Turakina reserve for all of Ngâti Apa. This meant those who did not have a cultural interest in the land were excluded from ownership of the tribal reserve lands. Some of the reserve lands awarded to hapu and individuals by the Court were then sold.
Over the next two decades there was considerable tension within Ngâti Apa over the basis on which the Court was awarding title to the reserves. When the Supreme Court ruled in 1882 that blocks in the Whangaehu-Turakina Reserve were outside of the jurisdiction of the Native Land Court, Parliament passed legislation to place the Whangaehu-Turakina Reserve within the Native Land Court’s jurisdiction. Attempts by Ngâti Apa in the 1870s to protect their remaining reserves land against alienation were ineffectual.
In addition to sales of some Ngâti Apa reserves, almost 140,000 acres of Ngâti Apa lands were alienated to the Crown or settlers between 1867 and 1909. Crown purchases accounted for 73 per cent of the land alienation in this period. The Government’s method of negotiating for land before 1879 frequently involved the payment of advances to Mâori prior to determination of title.
Ngâti Apa lands continued to be alienated in the twentieth century. In 1937, a Development Scheme was created for Ngâti Apa lands near the Whangaehu River, but the scheme was wound up in the early 1950s, encumbered with debt. After World War Two many Ngâti Apa moved away from their tribal lands to urban areas in the hope of better economic opportunities.
Crown Apology
The Crown apologises to Ngâti Apa for past dealings that breached the Crown’s obligations under the Treaty of Waitangi. These include:
• a failure to ensure that Ngâti Apa were left with sufficient land for their present and future needs;
• a failure to ensure that the Native land Court gave effect to the terms of 1849 Rangitikei-Turakina purchase deed; and
• a failure to adequately protect the traditional tribal structures of Ngâti Apa.
Cultural Redress
This redress provides for recognition of the traditional, historical, cultural and spiritual association of Ngâti Apa with places and sites owned by the Crown within their area of interest. This allows Ngâti Apa and the Crown to protect and enhance the conservation values associated with these sites, and includes:
1(A) Sites transferred in fee simple title to Ngâti Apa
The transfer of 12 sites of significance to Ngâti Apa totalling 214 hectares:
• Pukepuke Lagoon House (approx 0.27ha)
• Waimahora Stream Site (approx 19.44ha)
• Bed of Lake Koitiata (approx 41.46ha)
• Marton Golf Course (approx 50.82ha)
• Lake Hickson site (approx 5.32ha)
• Lake William site (approx 10.15ha)
• Motu Karaka (up to 28ha)
• Ruatangata site (approx 9ha)
• Pakiki (approx 19.84ha)
• Lake Ngaruru site (approx 1.21ha)
• Pakapakatea (approx 16.81ha)
• Waitapu (approx 10.80ha)
1(B) Statutory Acknowledgements
Statutory Acknowledgements register the special association Ngâti Apa has with an area, and will be included in the settlement legislation. Statutory Acknowledgements are recognised under the Resource Management Act 1991 and the Historic Places Act 1993. The acknowledgements require that consent authorities provide Ngâti Apa with summaries of all resource consent applications that may affect the areas named in the acknowledgements.
There will be Statutory Acknowledgements over three sites, five waterways, and the coastal marine area within Ngâti Apa’s area of interest, including:
• Pukepuke Lagoon;
• Omarupapako;
• Ruakiwi;
• the following waterways within the Ngâti Apa Area of Interest:
- Rangitikei River;
- Turakina River;
- Whangaehu River;
- Mangawhero River; and
- Oroua River.
• Ngâti Apa Coastal Region (i.e. the coastal marine area within the Ngâti Apa Area of Interest).
1(C) Deeds of Recognition
Deeds of Recognition oblige the Crown to consult with Ngâti Apa and have regard to their views regarding the special association Ngâti Apa have with a site. They also specify the nature of the input by Ngâti Apa into management of those areas by the Department of Conservation and/or the Commissioner of Crown Lands.
There will be five Deeds of Recognition covering:
• Pukepuke Lagoon;
• Omarupapako;
• Ruakiwi;
• Whitiau Scientific Reserve; and
• Taukoro.
1(D) Place names
There will be one official place name assignment of Parae Karetu to the area known as Mount Curl; and one reserve name change for the Round Bush Scenic Reserve to Omarupapako/Round Bush Scenic Reserve. The Department of Conservation Protocol will provide for a name change of Whitiau Scientific Reserve to Motu Karaka Scenic Reserve once agreement is reached between Ngâti Apa and Whanganui Iwi.
2. Relationships:
2(A) Protocols
Protocols will be issued by the Ministers of Conservation, Arts, Culture and Heritage and Fisheries, and a relationship agreement with the Ministry for the Environment, to encourage good working relationships on matters of cultural importance to Ngâti Apa.
Ministerial letters will encourage regional and local authorities to enhance their relationship with Ngâti Apa, by, for example, entering into memoranda of understanding (or similar document) with the Iwi and Hapu. Ngâti Apa and Horizons Regional Council are currently working together to agree redress to recognise the cultural and historical significance of Scotts Ferry (Tawhirihoe) which is council owned and is of significance to Ngâti Apa The Crown will facilitate meetings between Ngâti Apa and Horizons Regional Council, if necessary.
3. Cultural revitalisation redress, comprising:
• the gifting of five papakainga properties;
• finding to assist in preparing and implementing a long term cultural redevelopment plan;
• funding to assist in compiling a comprehensive historical record; and
The Crown is to provide additional funding, outside of quantum, for the purpose of clearing two proposed papakainga sites currently located within Crown Forest Licensed land up to a limit of $250,000.
Financial and Commercial Redress
This redress recognises the economic loss suffered by Ngâti Apa arising from breaches by the Crown of its Treaty obligations. It will provide Ngâti Apa with resources to assist them to develop their economic and social well-being. It includes:
3(A) Financial redress
Ngâti Apa will receive financial redress comprising:
• a monetary (cash) payment of $16 million, commonly referred to as the Quantum;
• payment of interest on the Quantum of approximately $ 2.8 million;
• the ability to purchase licensed Crown forest land, through which Ngâti Apa will receive a further (approximately) $6 million in accumulated rentals currently held by the Crown Forestry Rental Trust (CFRT);
• in the event of the Climate Change (Emissions Trading and Renewable Preference) Bill (relating to Units being made available to Licensed Crown Forest Land owners) being enacted prior to Settlement Date, New Zealand units will be allocated to Ngâti Apa for nil consideration. The Licensed Crown Forest Lands have been valued on the basis that New Zealand Units will not transfer with the land; and
3(B) Right of first refusal
Ngâti Apa will have a right of first refusal for a period of 50 years to buy, at full market value, four non-surplus Crown properties (the Royal New Zealand Air Force Base Ohakea, the Bulls Police Station, Marton Police station residential house, Turakina School and Whangaehu School), should they ever be declared surplus to Crown requirements.
In respect of the RNZAF Base Ohakea, the Rûnanga has agreed to provide Rangitikei-based iwi an opportunity to jointly purchase this property if the right of first refusal is exercised
3(C) Deferred selection
Ngâti Apa will have the opportunity to purchase, at fair market value, four non-surplus Crown properties (three of which are to be leased back to the Crown and include land only) for six months after Settlement Date:
• Part of Wanganui Forest (land and trees, approx 403 ha);
• Marton Court House (Sale and Leaseback, land only, approx 0.2663ha);
• Marton Police Station (excluding the residential Police house)(Sale and Leaseback, land only, approx 0.2762ha); and
• Wanganui Prison (Sale and Leaseback, land only, approx 49.164ha).
In respect of the Wanganui Prison land the Rûnanga has agreed to provide Wanganui Iwi an option to purchase 50% of that land. The commercial terms are yet to be agreed.
Next Steps
The people of Ngâti Apa will now consider the draft Deed of Settlement, and a proposed governance entity to receive the settlement assets, and vote on whether or not to accept them over the coming weeks. If the Crown is satisfied with the level of support demonstrated for the Deed of Settlement and the proposed governance arrangements, the parties will sign the Deed of Settlement and settlement legislation will be introduced into Parliament to implement the settlement.
Questions and Answers
1. What is the total cost to the Crown?
$16 million plus interest from the date of the signing of the Agreement in Principle (approx $2.8 million), plus a contribution towards clearing costs of two proposes papakainga sites (up to a limit of $250,000) and the cost of the cultural sites returned (approx $3.5 million), as listed at 1(A).
2. Is there any private land involved?
No.
3. Are the public’s rights affected?
Generally, no. However, two sites totalling approximately 1.48 hectares will be vested without provision for continued public access. One of site is within the Pukepuke Conservation Area and has a Department of Conservation House located on it. The other site is a small remote site with no practical public access, and high cultural values associated with it. Public access is preserved for all other vested sites.
4. What are Statutory Acknowledgments and Deeds of Recognition?
Statutory Acknowledgements acknowledge areas or sites with which claimant groups have a special relationship, and will be recognised in any proceedings under the Resource Management Act. This provision aims to avoid past problems with land development for roading and other purposes when areas of significance to Mâori, such as burial grounds, were simply cleared or excavated without either permission or consultation. It is not a property right. Nor is it exclusive.
Deeds of Recognition set out an agreement between the administering Crown body (the Minister of Conservation) and a claimant group in recognition of their special association with a site as stated in a Statutory Acknowledgement, and specify the nature of their input into the management of the site.
5. Are any place names changed?
Yes. The name Parae Karetu will be officially assigned to the area known as Mount Curl; and the name of the following reserve will be changed: Round Bush Scenic Reserve to Omarupapako/Round Bush Scenic Reserve. The Department of Conservation Protocol will be that there will be further discussion between Whanganui Iwi and Ngâti Apa regarding the name change of Whitiau Scientific Reserve to Motu Karaka Scenic Reserve. The name of the site will only change of once agreement is reached between Ngâti Apa and Whanganui Iwi.
6. Are any National Parks affected by the Settlement?
No.
7. Does Ngâti Apa have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?
Both parties agree that the Deed of Settlement is fair in the circumstances and will be a final settlement for all the historical or pre-1992 claims of Ngâti Apa. The settlement legislation, once passed, will prevent Ngâti Apa from re-litigating the claims before the Tribunal or the courts.
The settlement package will still allow Ngâti Apa or members of Ngâti Apa to pursue claims against the Crown for acts or omissions after 21 September 1992, including claims based on the continued existence of aboriginal title or customary rights. The Crown also retains the right to dispute such claims or the existence of such title rights.
8. Who benefits from the settlement?
All members of Ngâti Apa, wherever they may now live.