Agreements & Offers

Ngāti Toa Rangatira Letter of Agreement
A Letter of Agreement between Ngāti Toa Rangatira and the Crown was signed at Parliament on 11 February 2009

Summary of the Letter of Agreement between the Crown and Ngāti Toa Rangatira for the settlement of the historical claims of Ngāti Toa Rangatira.

11 February 2009

Background to the Letter of Agreement
Historical Account and Crown Apology
Cultural Redress
Financial and Commercial Redress
Next Steps in Negotiations
Questions and Answers

A copy of the Letter of Agreement is available for download at the bottom of this page.


Background to the Letter of Agreement

Ngāti Toa Rangatira’s tribal area spans the Cook Strait. It covers the lower North Island from the Rangitikei in the north and included the Kapiti Coast, Hutt Valley and Wellington areas, Kapiti and Mana Islands. It includes large areas of the Marlborough Sounds and much of the northern South Island. Most of their land was lost through dealings with the Crown.

The iwi has a population of approximately 5,000. Ngāti Toa Rangatira’s claims were heard by the Waitangi Tribunal in two inquiries, the Wellington District Inquiry (1991-1999) and the Northern South Island (Te Tau Ihu) Inquiry (2000-2004). Reports on the two inquiries were released in 2003, and 2007-2008 respectively.

In November 2005, the previous Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Mâori Affairs recognised the mandate of the Ngāti Toa Rangatira Negotiating Team to represent Ngāti Toa Rangatira in negotiating a comprehensive historical Treaty settlement. The Crown signed Terms of Negotiation with Ngāti Toa Rangatira on 24 September 2007.

On 11 February 2009, the Crown and Ngāti Toa Rangatira co-signed a Letter of Agreement. The parties will now develop a detailed Deed of Settlement based on this agreement, and also the post-settlement governance arrangements to receive and manage the redress. The members of Ngāti Toa Rangatira will have the opportunity to vote on whether or not to accept the Crown’s offer as set out in the Deed of Settlement, and on the post-settlement governance arrangements. If ratified, the Deed will be signed and the settlement will be implemented and the redress transferred following the passage of settlement legislation.

The Ngāti Toa Rangatira Negotiating Team, Te Kaha, led by Matiu Rei, carried out negotiations on behalf of Ngāti Toa Rangatira. The Office of Treaty Settlements, with the support of Department of Conservation, Land Information New Zealand, the Treasury and other government agencies, represented the Crown in day-to-day negotiations. The Minister for Treaty of Waitangi Negotiations, Hon Christopher Finlayson, and his predecessor Hon Dr Michael Cullen, represented the Crown in high-level negotiations with Ngāti Toa Rangatira.

Summary of the Redress

Historical Account and Crown Apology


The historical account, Crown acknowledgment and Crown apology will outline the basis on which the Crown is settling the historical claims.

The historical accounts will outline the historical relationship between the Crown and Ngāti Toa. On the basis of the historical accounts, the Crown will acknowledge that certain actions or omissions of the Crown were a breach of the Treaty of Waitangi and its principles. The Crown will then offer an apology to Ngāti Toa for the acknowledged breaches of the Treaty of Waitangi and its principles.

The claims of Ngāti Toa Rangatira relate primarily to the loss of lands and resources in both the South and North Islands, their exclusion from the Tenths estates in both islands and the loss of the iwi’s maritime interests. The claims also relate to the Crown’s land purchasing policies which led to the loss of virtually all the iwi's extensive lands in both islands, the failure to set aside adequate reserves and to ensure that the iwi retained sufficient lands for their future needs. Their longstanding grievances include the Crown’s deliberate undermining of Ngāti Toa’s authority, the undertaking of a coercive military campaign against the tribe and their chiefs, Te Rauparaha and Te Rangihaeata, the kidnapping and detention of Te Rauparaha, and the sale of land while the chief was detained. The Crown has acknowledged that its detention of Te Rauparaha without trial for 18 months was a breach of the Treaty of Waitangi.

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Cultural Redress

A cultural redress package, which recognises the traditional, historical, cultural and spiritual associations Ngāti Toa Rangatira has with places and sites within their rohe or area of interest. The cultural redress package includes:

Kapiti Island Redress

The Crown offers to vest the Kapiti Island Nature Reserve and the Kapiti Island North Reserve in Ngāti Toa, subject to Ngāti Toa gifting these reserves back to the Crown for the benefit of all New Zealanders. Following gift-back by Ngāti Toa, the Crown will provide:

• An overlay classification over the Kapiti Island Nature Reserve, the Kapiti Island North Reserve and the Kapiti Island Marine Reserve

• The vesting in Ngāti Toa of the fee simple estate of approximately one hectare of the Kapiti Island North Reserve adjoining the existing private land on the island, subject to a conservation covenant that recognises the conservation values of the island, but provides for limited development for the purposes of erecting a building

• The vesting of the balance of the Kapiti Island North Reserve in Ngāti Toa, as a Nature Reserve subject to management by the Department of Conservation, and the Crown retaining the reversionary interest

• The establishment of a strategic advisory committee to enhance Ngâti Toa’s involvement in the management of Kapiti Island.

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Overlay Classifications

The Crown offers to grant the Governance Entity overlay classifications over the Brothers Islands and Wairau Lagoon.

The declaration of an area as an overlay classification provides for the Crown to acknowledge Ngāti Toa values in relation to that area. Overlay classifications are common cultural redress instruments in historical settlements and are known as Tōpuni or Whenua Rāhui in some other settlements, for example.

Kaitiaki role for Cook Strait and coastal marine area of Port Underwood and Pelorus Sound

The Crown offers to explore the development of redress that recognises Ngāti Toa’s role as Kaitiaki of Cook Strait and the coastal marine area in Port Underwood and Pelorus Sound (including Kenepuru Sound, Mahau Sound, and Tennyson Inlet), and supports Ngâti Toa in developing a statutory plan articulating Ngāti Toa’s values in relation to these areas.

Sites to be vested in Ngāti Toa

Fourteen sites to be vested in Ngāti Toa, subject to specific conditions including protection of public access and the agreement of local councils where relevant. The location of the Queen Charlotte Forest site (up to 100 hectares) is yet to be agreed. The total area of the other sites is approximately 21 hectares.

• Mana Island site
• Taputeranga
• Whitireia Park (Onehunga Bay)
• Akatarawa Road Conservation Area
• Wainui Urupā, Queen Elizabeth Park
• Onepoto Bay
• Okatiki (Ohingaroa Scenic Reserve)
• Rarangi
• Robin Hood Bay (Waikutakuta)
• Waihinau Bay
• Elaine Bay
• Pelorus Bridge
• Pakawau Inlet
• Queen Charlotte Forest (Crown Forest Licensed land)

Three sites to be vested in Ngāti Toa jointly with one or more other Te Tau Ihu groups:

• Part of Whites Bay Recreation Reserve
• Horahora Kākahu Island Historic Reserve
• Tokomaru (Mount Robertson)

The Crown will also explore the vesting of land in Porirua, Plimmerton, Paremata and Titahi Bay in Ngāti Toa, subject to the agreement of the Porirua City Council, and the possibility of further redress in relation to Queen Elizabeth Park Camping Ground, that takes into account conservation values and the protection of public access.

Other cultural redress

The Crown will gift $2 million towards the costs of a wharetaonga (a purpose-built structure for storing and displaying Ngāti Toa taonga) and the establishment of Ngāti Toa papakainga in the South Island; $1.5 million towards the purchase of three schools within the Port Nicholson Block; and a property at Tuamarina and Nelson for iwi related activities.

The Crown will also gift specific cultural redress properties with a value of $2.04 million.

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Southern redress

The Crown will support discussions between Ngāti Toa and Ngāi Tahu regarding the southernmost claims of Ngāti Toa Rangatira. The Crown and Ngāti Toa will explore alternative proposals to address these claims.

Statutory Acknowledgements and Deeds of Recognition

A Statutory Acknowledgement registers the association between Ngāti Toa and a site or area and enhances Ngāti Toa’s ability to participate in specified Resource Management Act processes. There are 15 acknowledgements in the agreement relating to:

• Mana Island (excluding the vesting listed above)
• Red Rocks Scientific Reserve
• Pukerua Bay Scientific Reserve
• Oteranga Bay marginal strip
• Queen Elizabeth Park
• Whareroa Farm
• Te Onepoto Bay
• Pauatahanui Wildlife Reserve
• Horokiri Wildlife Reserve
• Battle Hill
• Lake Rotoiti (Nelson Lakes National Park)
• Lake Rotoroa (Nelson Lakes National Park)
• Wairau pā
• Chetwode Islands
• Malcolms Bay Scenic Reserve, Arapawa Island

Deeds of Recognition oblige the Crown to consult with Ngāti Toa and have regard to their views regarding their special associations with certain areas. A Deed of Recognition will be made between Ngāti Toa and the Crown in relation to 10 sites:

• The remainder of Mana Island
• Red Rocks Scientific Reserve
• Pukerua Bay Scientific Reserve
• Pauatahanui Wildlife Reserve
• Horokiri Wildlife Reserve
• Lake Rotoiti (Nelson Lakes National Park)
• Lake Rotoroa (Nelson Lakes National Park)
• Wairau pā
• Chetwode Islands
• Malcolms Bay Scenic Reserve, Arapawa Island

The Crown offers coastal statutory acknowledgments to be made in relation to the following sites of significance to Ngāti Toa:

• Cook Strait
• Porirua Harbour
• Wellington Harbour
• Toka Haere or Thom’s rock
• Kapukapuariki reef
• Toko a Papa rocks
• Tawhiti Kuri rocks.

The Crown offers statutory acknowledgements and deeds of recognition in relation to the following rivers within Ngāti Toa’s area of interest, subject to specific further negotiations:

• Hutt River (in the lower North Island)
• Maitai River (or Mahitahi River near Nelson)
• Wairau River (including Omaka River and Kaituna River as tributaries)
• Pelorus River (or Te Hoiere River near Havelock)
• Tuamarina Stream
• That portion of the Buller River not within the Ngāi Tahu takiwā

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Special Redress

- Whitireia Park

The Crown proposes the management of Whitireia Park to be transferred to the Greater Wellington Regional Council with a joint Council/Ngāti Toa Board.

- Te Tau Ihu Input into Waterway Management

The Crown offers to explore the possibility of redress that will provide Te Tau Ihu groups input into the management of waterways in Te Tau Ihu. Any redress would be consistent with the existing statutory framework.

- Ka Mate haka

The settlement legislation will also record the authorship and significance of the haka Ka Mate to Ngāti Toa and the Crown will work with Ngāti Toa to address their concerns with the haka in a way that balances their rights with those of the wider public.

The Crown does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate. Ngāti Toa’s primary objective is to prevent the misappropriation and culturally inappropriate use of the Ka Mate haka.

- Harakeke

The Crown will write to the Queen Elizabeth II National Trust to encourage the Trust to enter into a Memorandum of Understanding with Ngāti Toa about the gathering from Taupō swamp of harakeke and other materials used for weaving and other cultural practices.

- Protection of the Oteranga Bay urupā

The Crown will write to Transpower in regards to the protection of and access to the urupā at Oteranga Bay.

Relationship Redress

Protocols

The Deed of Settlement will provide for protocols setting out the way in which specific government agencies will interact with Ngāti Toa in future.

Protocols will be issued by the Minister of Conservation, the Minister of Fisheries, the Minister of Energy and the Minister for Arts, Culture and Heritage.

Promotion of relationship with local authorities

The Crown will write to relevant local authorities encouraging them to enter into a Memorandum of Understanding with Ngāti Toa in respect of matters within the Ngâti Toa Area of Interest north of the Ngāi Tahu takiwā.

Place name changes

The Crown invites the three Te Tau Ihu mandated groups to work together on a joint list of proposed place name changes, to be discussed with Ngāi Tahu where appropriate, for submission to the New Zealand Geographic Board/ Ngā Pou Taunaha o Aotearoa. The Crown and Ngāti Toa will also discuss changing place names within its area of interest in the North Island.

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Financial and Commercial Redress

The financial and commercial redress package is made up of:

a) A financial quantum of $40 million cash, less the market value of any commercial properties selected for transfer on Settlement Date

b) A payment of $10 million in recognition of the Crown’s actions in undermining the maritime authority exercised by Ngāti Toa over the Cook Strait region in the 1800s, including their authority over sea trading routes and the whaling industry in that area

c) Interest on the above $50 million for the period from the signing of the Letter of Agreement to Settlement Date

d) An iwi capacity building grant of $6.31 million, $2 million of which is to be paid on account following the signing of the Letter of Agreement

e) Gifting of Crown commercial properties with cultural associations in Ngāti Toa’s North Island property portfolio up to a value of $10 million

f) The opportunity to purchase up to 50% by value of the licensed Crown forest land in Te Tau Ihu, and the right to accumulated rentals and any New Zealand Emission Units associated with that land

g) Sale and leaseback arrangements over certain Crown-owned properties within the Ngāti Toa area of interest (in the North and South Islands)

h) The opportunity to purchase certain Crown-owned properties within the Ngāti Toa area of interest

i) A two year Right of Deferred Selection from Settlement Date for any North Island property not selected for gifting or purchase at Settlement Date

j) A ten year Right of Deferred Selection from Settlement Date for any North Island property not selected for purchase and leaseback; and

k) The opportunity to purchase at market value surplus Crown-owned properties within the Ngāti Toa area of interest, for a period of up to 169 years from Settlement Date, through a Right of First Refusal.

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Next steps

The Letter of Agreement is subject to the Crown confirming that those groups who also claim overlapping interests (in relation to the settlement redress outlined above) have been addressed to the satisfaction of the Crown. A large number of these overlapping issues were resolved prior to the signing of the Letter of Agreement, but there are a number that are still to be addressed and these will be a priority for the next stage of negotiations.

Ngāti Toa Rangatira and the Crown will now draft a detailed Deed of Settlement, which will be subject to ratification by the Ngāti Toa Rangatira claimant community. All eligible registered members of Ngāti Toa Rangatira will have the opportunity to vote on whether to accept the Crown’s offer as set out in the Deed of Settlement. Ngāti Toa Rangatira will also develop governance arrangements for holding and managing the settlement redress, which members will also have the opportunity to ratify.

If the Ngāti Toa Rangatira claimant community ratifies the Deed of Settlement and the governance arrangements, the Deed will be signed by the Crown and Ngāti Toa Rangatira, and the settlement will be implemented through legislation. The settlement will be for the benefit of all members of Ngāti Toa Rangatira.

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Questions and Answers

1. What is the total cost to the Crown?

The cost to the Crown of redress offered to Ngāti Toa is $75.35 million, which includes interest from the date of the signing of the Letter of Agreement, capacity building funding, funding for the wharetaonga and papakainga, and the value of commercial properties with cultural association. The value of properties included in the total is estimated, and will be confirmed as negotiations progress. In addition, Ngāti Toa will receive accumulated rentals and New Zealand Emission Units associated with the licensed Crown forest land they purchase through the settlement, which total approximately $45.6 million. These are not costs to the Crown.

2. Is there any private land involved?

No. No private properties are included in the settlement, including those with section 27B memorials under the State-Owned Enterprise Act. Some redress over land owned by local authorities is offered subject to the agreement of those local authorities.

3. What happens to memorials on private titles?

Memorials were included on the titles of land sold by State-Owned Enterprises and some other Government entities following the passage of the State Owned Enterprise Act 1987. These memorials inform buyers that this land may be used in historical settlements. The Settlement legislation, once passed, will remove the ability of Ngāti Toa to seek the use of properties with s27B memorials on the titles for historical settlements. The memorials will be removed when all other groups with interests in the area have settled their claims.

4. Are the public’s rights affected?

Five conservation sites, totalling less than three hectares, are being returned to Ngāti Toa Rangatira without provision for future public access. These sites are of particular cultural significance, for example urupā (gravesites), and are not located in areas subject to regular public use.

5. 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 relevant 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 Māori, such as burial grounds, were simply cleared or excavated without either permission or consultation. It is not a property right. Neither 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.

Statutory Acknowledgements and Deeds of Recognition are included in most historical cultural redress packages

6. What is an Overlay Classification?

The Overlay Classification (known as a Tōpuni or Whenua Rāhui in some other settlements) acknowledges the traditional, cultural, spiritual and historical association of an iwi with certain sites of significance administered by the Department of Conservation.

An Overlay Classification status requires the Minister of Conservation and the settling group to develop and publicise a set of principles that will assist the Minister to avoid harming or diminishing values of the settling group with regard to that land. The New Zealand Conservation Authority and relevant Conservation Boards will also be required to have regard to the principles and consult with the settling group.

7. What is a Kaitiaki Instrument?

A Kaitiaki instrument provides the settling group with the right to provide advice on key cultural issues relating to the management of a specific area or specific issue. Work is underway to develop an instrument that recognises Ngāti Toa’s role as Kaitiaki of Cook Strait and the coastal marine area in Port Underwood and Pelorus Sound.

8. Are any place names changed?

The three Te Tau Ihu mandated groups are invited to work together on a joint list for submission to the New Zealand Geographic Board/ Ngā Pou Taunaha o Aotearoa, to be processed under the usual statutory provisions followed by the Board. The Crown and Ngāti Toa will also discuss changing place names within its area of interest in the North Island.

9. Are any National Parks affected by the Settlement?

No.

10. Does the settlement create any special rights for Ngâti Toa Rangatira?

No new rights are being created by this agreement. Provisions in relation to conservation, such as Statutory Acknowledgements, give practical effect to existing provisions of both the Resource Management Act and the Conservation Act that provide for Māori participation in conservation and planning matters.

11. When will the settlement take effect?

A Deed of Settlement based on this agreement will be drafted in the course of this year. If ratified, and settlement legislation is passed to implement it, the Deed of Settlement will become unconditional and the terms of the settlement will take effect. This could occur in 2009.

12. Does Ngāti Toa Rangatira have the right to come back and make further claims about the behaviour of the Crown in the 19th and 20th centuries?

No. If a Deed of Settlement is ratified and passed into law, both parties agree it will be a final and comprehensive settlement of all the historical (relating to events before 21 September 1992) Treaty of Waitangi claims of Ngāti Toa Rangatira. The settlement legislation, once passed, will prevent Ngāti Toa Rangatira from re-litigating the claim before the Tribunal or the courts.

The settlement package will still allow Ngāti Toa Rangatira or members of Ngāti Toa Rangatira 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.

13. Who benefits from the settlement?

All members of Ngāti Toa Rangatira, wherever they may now live.

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File Name Type Size
Ngati Toa Rangatira Letter of Agreement 395 KB
Ngati Toa Maps 1 of 2 2118 KB
Ngati Toa Maps 2 of 2 1885 KB
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