Crown acknowledgements and apology
The Crown apologises to Ngāruahine for its acts and omissions which have breached the Crown’s obligations under Te Tiriti o Waitangi/the Treaty of Waitangi.
Cultural redress provides recognition of the traditional, historical, cultural and spiritual association of Ngāruahine with places and sites owned by the Crown within their primary area of interest. This allows Ngāruahine and the Crown to protect and enhance the conservation values associated with these sites.
The Deed of Settlement provides for the vesting of four sites in Ngāruahine subject to specific conditions.
The settlement also recognises that the South Taranaki District Council and Ngāruahine also intend to enter negotiations for the purchase of two sites of cultural significance to Ngāruahine.
A statutory acknowledgement recognises the association between Ngāruahine and a particular site and enhances Ngāruahine’s ability to participate in specified resource management processes. The Crown offers statutory acknowledgements over 51 sites of significance to Ngāruahine.
Deeds of recognition
Deeds of recognition can be provided over sites where statutory acknowledgements have also been offered. A deed of recognition provides for Ngāruahine to be consulted on specified matters, and the relevant minister must have regard to their views. The Crown offers Ngāruahine deeds of recognition over 23 sites.
An overlay classification provides a very high degree of recognition and acknowledges Ngāruahine’s spiritual, cultural, historical and traditional values in respect of a site. The site maintains its existing status but the Department of Conservation must consult and allow Ngāruahine to have input into the management of the site to avoid harming these values. The Crown offers overlay classification over six sites of particular importance to Ngāruahine.
Protocols and relationship agreement, Memorandums of Understanding and Promotion of relations
The Deed provides for protocols to be issued by the Minister for Arts, Culture and Heritage, the Minister for Primary Industries and the Minister of Conservation. These protocols set out how the relevant government agencies will interact and consult with Ngāruahine when carrying out duties and functions.
The Deed of Settlement also provides for Ngāruahine to enter into relationship agreements with the Ministry for the Environment and the Ministry of Business, Innovation and Employment. The relationship agreement with the Ministry of Business, Innovation and Employment covers minerals and petroleum and recognises the unique kaitiaki (caretaker) role of the iwi of Taranaki with regard to petroleum and minerals. The agreement provides for early engagement on petroleum block offers. This enhanced agreement is unique to the Taranaki area as it recognises Taranaki is the only petroleum-producing basin in New Zealand.
Natural resources are very important to Ngāruahine. Ngāruahine believe they have a kaitiaki role over the natural resources in their rohe. In order to recognise this, the Deed of Settlement provides for a kaitiaki instrument. The instrument provides opportunities to prepare and distribute a Kaitiaki Plan based on Ngāruahine values and principles in relation to natural resources within the kaitiaki area and provides for a consideration of these by councils within the regional planning framework. It is designed to give presence and visibility to Ngāruahine’s relationship with natural resources within their rohe.
The Minister for Treaty of Waitangi Negotiations and the Deputy Secretary Treaty and Director of the Office of Treaty Settlements will write letters of introduction and relationship promotion to Crown ministers, government agencies, local authorities and museums.
Financial and commercial redress
This redress recognises the economic loss suffered by Ngāruahine arising from breaches by the Crown of its Treaty obligations. The financial and commercial redress is aimed at providing Ngāruahine with resources to help them develop their economic and social well-being.
Ngāruahine will receive a financial settlement of $67.5 million in recognition of all their historical claims. Interest that has been accumulating since the Ngāruahine Agreement in Principle was signed in December 2012 will also be paid. Ngāruahine received an on-account payment of $13.5 million in advance of settlement in 2013. This figure is to be deducted from Ngāruahine’s overall amount on settlement.
Ngāruahine will have the option to purchase, with a deferred selection period of two years from settlement date, nine sites within the Ngāruahine area of interest from the Office of Treaty Settlements Landbank. Ngāruahine also has an option to purchase, with a deferred selection period of two years from settlement date, one Department of Conservation site, the Kaipi Street Conservation Area.
The Deed of Settlement provides Ngāruahine with an area right of first refusal over specified Crown land within the Ngāruahine exclusive area of interest for a period of 172 years.
The collective redress elements of the Deed of Settlement have been negotiated between the Crown, Ngāruahine, Te Atiawa and Taranaki Iwi.
Each iwi stressed their strong associations with all of the natural resources within their rohe and their desire to achieve more positive environmental outcomes for the Taranaki region. The Deed of Settlement sets out a proposed model for iwi representation on the two standing committees in the Taranaki Regional Council which perform the roles and functions associated with policy, planning and consents. This would provide all iwi of Taranaki, should they be elected as iwi representatives, with an opportunity to be at the decision-making table, influencing decisions that affect their rohe, and for the council and region to benefit from the experience and input of the iwi of Taranaki.
The Deed of Settlement also provides Ngāruahine with a shared area right of first refusal with Taranaki within the shared area of interest.