Overview

The Nga Rauru Agreement in Principle is made up of a package that includes;

1. An agreed historical account and Crown acknowledgements (which will form the basis for a formal Crown Apology)
2. Cultural redress
3. Commercial redress

It is proposed that the Deed of Settlement will also contain:

• A Crown acknowledgement of a statement by Nga Rauru in relation to Nga Rauru Kiitahi values and practices, known as Nga Raurutanga
• A commitment by the Crown to establish a paepae rangatira which will enable Nga Rauru to meet with the Crown to discuss their relationship under the Treaty of Waitangi and other matters of mutual interest

No private land is involved in the redress, only Crown assets.

The benefits of the settlement, once achieved, will be available to all members of Nga Rauru wherever they may live.

Crown Apology

The Crown's apology to Nga Rauru will be based on Crown acknowledgements of acts and omissions in relation to Nga Rauru that were in breach of the Crown's obligations under the Treaty of Waitangi.

These acts and omissions included elements of the Waitotara Purchase, the Taranaki wars, which resulted in the loss of life, including that of Nga Rauru children at Handley's woolshed. Large areas of land were confiscated. The subsequent compensation process was inadequate and customary title was not retained. As a result of the perpetual leases imposed by the Crown, much of the land subsequently returned to Nga Rauru was no longer under the iwi's control. Insufficient lands were retained by Nga Rauru for their present and future needs following confiscation and Crown purchasing.

Cultural Redress

1. Recognition of Nga Rauru traditional, historical, cultural and spiritual association with places and sites owned by the Crown within their area of interest. This allows the Crown and iwi to protect and enhance the conservation values associated with these areas and sites and includes;

1(a). Statutory Acknowledgements

These register the special association Nga Rauru has with an area and will be included in the settlement legislation. Statutory Acknowledgements are recognised under the Resource Management Act and the Historic Places Act.

There are to be eight such acknowledgements: the Hawkens Lagoon Conservation Area, the Nukumaru Recreation Reserve, the Lake Beds Conservation Area, the Ototoka Scenic Reserve, the Whenuakura River, the Waitotara River,the Patea River and the coastal marine area adjoining the Nga Rauru area of interest.

1(b). Deeds of Recognition

These oblige the Crown to consult Nga Rauru and have regard for its views regarding the special association Nga Rauru have with a site. They also specify the nature of the input of Nga Rauru into management of those areas by the Department of Conservation and/or the Commissioner of Crown Lands.

There will be six deeds, covering the Hawkens Lagoon Conservation Area, the Lake Beds Conservation Area, the Ototoka Scenic Reserve, the Waitotara River, the Whenuakura River, and the Patea River.

1(c). Special Area or Topuni

This is an additional status for an existing conservation area that acknowledges Nga Rauru traditional, cultural, spiritual and historic values and associations.

Topuni status requires the Minister of Conservation and Nga Rauru to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing Nga Rauru values within a defined area of Crown land.

The NZ Conservation Authority and the Taranaki/Wanganui Conservation Board will also be required to have regard to the principles and consult with Nga Rauru.

There is one area, the Lake Beds Conservation Area, proposed. It is about 21 hectares in size.

1(d). Protocols with Government Departments and Third Parties

The Deed of Settlement will provide for the establishment of protocols to promote a good working relationship, on matters of importance to Nga Rauru, between Nga Rauru and the Ministry of Energy, the Ministry of Fisheries, the Ministry for Culture and Heritage and the Department of Conservation.

The Crown will write to the Taranaki Regional, Manawatu-Wanganui Regional, Wanganui District and South Taranaki District Councils encouraging them to enter into memoranda of understanding with Nga Rauru. The Crown will also write to the Taranaki/Wanganui Conservation Board, New Zealand Historic Places Trust and Taranaki Fish and Game Council for the same purpose.

Nga Rauru will also be able to express their views to the Ministry for the Environment on the application of the Treaty and relevant parts of the Resource Management Act in the Nga Rauru area of interest. The Ministry will also monitor the performance of Local Authorities in the Nga Rauru area of interest in relation to these matters.

1(e). Placenames

The name of "Hawkens Lagoon Conservation Area" will be changed to "Tapuarau Conservation Area", and the official name of the lagoon commonly known as Hawkens Lagoon will be Tapuarau.

1(f). Sites to be transferred to Nga Rauru

Four areas of significance to Nga Rauru will be returned to the iwi;

• the Okehu Stream Conservation Area(0.14 ha);
• the Waiinu Beach Conservation Area (4.8 ha);
• the Puau Conservation Area (4.4 ha);
• up to 10 hectares within the Nukumaru Recreation Reserve.

These sites total approximately 20 hectares.

The Crown will consider the transfer to Nga Rauru of an additional 90 hectares of the Nukumaru Recreation Reserve.

One other area of significance to Nga Rauru, the Rehu Village Conservation Area (8.8 ha) will be transferred to an joint entity agreed to by Nga Rauru and Ngati Ruanui. This proposal for joint Nga Rauru/Ngati Ruanui ownership was also contained in the Ngati Ruanui Deed of Settlement.

1(g). Recognition of Nga Rauru Interests in relation to the Whanganui River

The Crown will explore with Nga Rauru Iwi Authority, the possibility of including in the Deed of Settlement appropriate recognition of the interests that Nga Rauru have in the Whanganui River. The inclusion of such recognition is subject to that recognition being agreed between the Nga Rauru Iwi Authority and Whanganui iwi.

2. Restoration of Nga Rauru access to traditional foods and food gathering areas, including:

2(a). Customary Fisheries

Nga Rauru will be appointed an Advisory Committee to the Minister of Conservation and the Minister of Fisheries. The Committee will provide advice on the management of fisheries in the Nga Rauru area of interest, including the customary interest of Nga Rauru in those fisheries.

Specific provisions are:

• The Ministry of Fisheries will consult with Nga Rauru and safeguard existing Nga Rauru non-commercial customary fishing rights if the numbers of certain specified customary or taonga species rise to levels that make a commercial catch possible.
• A right of first refusal to buy a proportion of surplus Crown quota for purimu /surf clams and kina/sea urchin in a specified part of the Nga Rauru Area of Interest if these species become part of the quota management system.
• Should tendering for coastal space for marine farming occur, Nga Rauru will have the preferential right to buy a specified percentage of any authorisations, at the tender price, within a specified part of the Nga Rauru area of interest.

2(b). Camping licences or Ukaipo.

Ukaipo are areas of up to one hectare, generally near a waterway, which give access to traditional food gathering areas. Nga Rauru members will have the right to use these entitlements for non-commercial, lawful fishing and food gathering purposes for up to 210 days a year. The licences do not affect existing public access to waterways. There are five ükaipo sites and they are to be within the Hawkens Lagoon Conservation Area, the Rotokohu Scenic Reserve, the Mangawhio Lake Scenic Reserve, the Waipipi Marginal Strip, and the Patea Harbour Conservation Area.

Commercial Redress

3. This redress recognises the economic loss suffered by Nga Rauru arising from breaches by the Crown of its Treaty obligations. It aims to provide Nga Rauru with resources to assist it to develop its economic and social well being. It includes:

3(a). A combination of cash and Crown owned land up to a value of $31 million.

3(b). Right of First Refusal - Nga Rauru will also have, for a period of 50 years, a right of first refusal to buy, at full market value, certain surplus properties in their area of interest currently owned by the Crown.

ENDS