N G A T I T O A

R A N G A T I R A

TREATY OF WAITANGI

SETTLEMENT

The road to settlement

• The Ngati Toa claim Wai 207 was lodged by 14 individuals in 1986 over the rohe of Ngati Toa

• In 2005, Te Runanga o Toa Rangatira Incwas mandated to enter negotiations with the Crown on behalf of the iwi

• Te Kaha were tasked with carrying out the negotiations on behalf of the Runanga

The Settlement Package

Ratification packs have been sent outlining the settlement package which in summary covers:

• Historical account

• Crown acknowledgements and Crown apology

• Financial and commercial redress

• Cultural redress

• Relationship Redress

•

Background Section to Deed

Included in this section is the Waitangi Tribunal findings for the Wellington/Port Nicholson Block District and Te Tau Ihu o Te Waka a Maui Inquiries.

The southern most part of the Ngati Toa rohe is discussed and the Maori Land Court and High Court proceedings are recorded in this section of the Deed.

Historical Account

The historical account provides an overview of the ‘Ngati Toa’ story. It discusses the migration, settlement in the lower North Island through to our southern rohe.

It discusses the breaches caused to Ngati Toa by the Crown.

Crown Acknowledgements and Apology

The Crown apology acknowledges a number of the key breaches caused to Ngati Toa as signatories to Te Tiriti which includes:• The detention of Te Rauparaha• The expulsion of Te Rangihaeata• Failure to protect Ngati Toa land holdings in

which we have been left virtually landless• Crowns actions in omissions which has

damaged our social and tribal structures

O V E R V I E W O F C O M M E R C I A L R E D R E S S

Cash (quantum and gifts) which can be used to purchase Crown property

Pools of property that can be acquired under a range of mechanisms

Crown Forestry land and associated rentals (both accumulated past rentals and future)

Financial and commercial redress offerQuantum $40 m (including

$24m purchase price of forest)

Marine Domain Quantum $10 m

Iwi capacity building payment $6.61m (less $2.01m received as on-account payment)

Payment for the purchase of properties $11.5 m

Cultural Revitilisation $2m

Payment for interests within the Ngati Toa southern rohe $500k

$70.61m

PLUS

Accumulated rentals (from forest) $31 m

Total $101.61m

Approx 600,000 NZUs ??????

Interest payment on $50m from the date of our Letter of Agreement date to 31 May 2011 (2 yrs) and then from 5 July to settlement. Current estimate is $4.6m).

C O M M E R C I A L P R O P E R T I E S

F O R P U R C H A S E

We have a number of commercial and deferred selection properties that can be purchased.

Some properties will have the option to be purchased within 2 years from settlement date.

We have a deferred selection process for a period of up to 10 years from the date of settlement for some properties and we also have a right of first refusal option which allows us the opportunity to purchase any surplus Crown properties that may become available.

We do not have to purchase – we can buy on the market instead or invest the funds elsewhere

C O M M E R C I A L P R O P E R T I E S W H I C H C A N B E P U R C H A S E D :

• Kenepuru Hospital Lands 42 ha

• Wellington Central Police Station

• Royal New Zealand Police College

• Former CIT site

• Paekakariki Camp site – Caretakers residence and office block transferred atno cost.

C O M M E R C I A L P R O P E R T I E S W H I C H C A N B E P U R C H A S E D :

• Ministry of Education properties

• Ministry of Justice properties

We have a total of 19 Crown properties to purchase in fee simple title and 80 for purchase and leaseback.

The Runanga have had property consultants CBRE and CPG carrying out a number of property valuations on these sites and providing advice on the selection of properties that may best suit the investement strategy of the iwi going forward.

RIGHT OF FIRST REFUSAL PROPERTIES (RFR)

• New Zealand Transport Agency (NZTA)• Housing New Zealand Corporation

Ngati Toa will have the option to purchase properties that if the Crown chooses to dispose of them.

• Large number of North Island properties for 169years• South Island property in conjunction with Te Tau Ihu iwi

for 100 years• Properties in Wellington Central that might be acquired

in a specific period post settlement.

Ngati Toa will receive an early RFR for NZTA property that will commence on signing the Deed.

TE TAU IHU CROWN FOREST LANDS

Te Tau Ihu Forest Licence Land of just over 34,800 hectares. This will be purchased for $24million.

On purchase we will then receive accumulated rentals of $31million.

Approx 600,000 NZUs

The Runanga are working with forestry consultants, PF Ohlsen regarding the best options going forward regarding the management of these lands.

Amounts to be transferred to Ngati Toa:

• Queen Charlotte 1,564.2900 ha

• Golden Downs East 17,622.5010 ha

• Golden Downs West 15,618.9704 ha

C U L T U R A L R E V I T A L I S A T I O N

$1 million as a contribution towards purchasing whare taonga

$1 million as a contribution towards papakainga housing.

The papakainga contribution is to be used for development in the South Island.

Cultural Redress Properties

Ngati Toa will receive a total of 22 cultural redress properties through the settlement.

These properties are throughout the rohe located in the lower North Island and Te Tau Ihu.

• 1 hectare vested in fee simple title subject to a conservation covenant at the Kapiti Island North Reserve. The covenant provides for the development of erecting a building.

• Establishment of a Strategic Advisory Committee to enhance Ngati Toa’s involvement in management of the Island.

• Recognition of the Ngati Toa relationship to the Wharekohu Bay burial caves.

• A separate overlay classification will be established which will becalled Nga Paihau ki Kapiti.

K A P I T I I S L A N D

• The transfer and gift-back of the Kapiti Island Nature Reserve and the Kapiti Island North Reserve (i.e. all of Kapiti Island currently owned by the Crown).

• Vesting of Kapiti Island North Nature Reserve 188.49ha in Ngati Toa, as a Nature Reserve subject to management by DOC and the Crown retaining the reversionary interest.

T E M A N A O K U P E • Vesting of 4.4ha to Ngati Toa subject

to a scientific reserve status.

• The vesting of the remainder of the island to Ngati Toa to be gifted backfor the benefit of all New Zealanders

T A P U T E R A N G A I S L A N D

This will be transferred to Ngati Toa in fee simple estate as a historic reserve.

Wellington City Council will continue to administer the site.

Q U E E N E L I Z A B E T H I I P A R K

1.5 ha approximately

Land adjoining the existing Wainui Urupa

This site will be known as Wainui

W H I T I R E I A P A R K

2 sites with a total of 6.3195 ha vested to Ngati Toa.Onehunga Bay vested as a historic Reserve and Te Onepoto Bay as a Recreation reserve.

1 ha has been set aside for an urupa

A joint Ngati Toa/Greater Wellington Regional Council management boardhas been establish to adminster the operation of the park.

O N E P O T O B A YTauranga waka

0.6611 hectares

Subject to recreation reserve status

T A U P O U R U P A

0.0875 hectares Vested fee simple title

A K A T A R A W A R O A D

This site is a conservation area.

1.0013 hectares will be vested in fee simple title

R A R A N G I, C L O U D Y B A Y

Approx 0.75 hectares

Subject to a Reserves Act covenant to protect biodiversity values

R O B I N H O O D B A Y, C L O U D Y B A Y1 hectare around the pa site

Subject to conservation covenants to protect biodiversity and public access

T U A M A R I N A

The former Tuamarina School House will be vested in fee simple title to Ngati Toa.

The site contains the land and buildings.

0.1547 hectares.

E L A I N E B A Y, T E N N Y S O N I N L E T Tauranga waka

Approx 0.5 hectares

Subject to conservation covenants to protect biodiversity and public access

R A N G I H A E A T A

0.0852 hectares

Vested in fee simple title to Ngati Toa

T E A R A I O W A I R A U

Two sections with a total of .04254 hectares.

Vested in fee simple title to Ngati Toa as a historic reserve.

This is the site of the Wairau Affray.

P E L O R U S B R I D G EPapakainga land

Approx 1.0 ha

Subject to conservation covenant to protect biodiversity and public access

A C C R E T I O N L A N D SVesting of accretion lands

Two sites along Titahi Bay Main Road

Whitianga (near Paremata train station)

C U L T U R A L R E D R E S S

P R O P E R T I E S

S I T E S T O B E J O I N T L Y

G I F T E D

H O R A H O R A - K A K A H U

Jointly vested in Ngati Toa, Ngati Rarua and Rangitane o Wairau

Subject to historic reserve status

P U K A T E A ( W H I T E S B A Y )1.2141 HA

Jointly vested in Ngati Toa, Rangitane o Wairau, and Ngati Rarua

Subject to recreation reserve status and jointly administered

T O K O M A R U ( M T R O B E R T S O N )

Jointly vested in Ngati Toa and Ngati Rarua

Subject to concession, public access, and Scenic Reserve status

C U L T U R A L R E D R E S S

A C K N O W L E D G E M E N T S

O V E R L A Y

C L A S S I F I C A T I O N S

NGA PAIHAU• The highest form of recognition of Iwi interests over DOC lands

• Ngati Toa and Crown agree on protection principles to provide for Ngati Toa values

• DOC agrees to give effect to them

Wairau Lagoons Kapiti Island The Brothers

POUTIAKI INSTRUMENT

• The Poutiaki plan acknowledges Ngati Toa as kaitiaki over the coastal marine area of:

• Cook Strait

• Te Awarua o Porirua Harbour

• Te Whanganui/Port Underwood, and

• Te Hoiere/Pelorus Sound (including Kenepuru Sound, Mahau Sound and Tennyson Inlet).

• The Crown will support Ngati Toa in developing a statutory plan setting out Ngati Toa values for the area.

• Councils will have a statutory duty to consider the plan when developing their plans and policy statements.

• Establishment of the Cook Strait Forum

Stephens Island

Kapiti IslandParaparaumu

Turakirae Head

White Bluffs

Port Underwood

The Brothers

Cape Jackson

Chetwode Islands

Pelorus Sound

Wellington Harbour

Porirua Harbour

Cloudy Bay

C U L T U R A L R E D R E S S

A C K N O W L E D G E M E N T S

S T A T U T O R Y

A C K N O W L E D G E M E N T S

S T A T U T O R Y A C K N O W L E D G E M E N T S :

• Crown acknowledgements of Ngati Toa traditional association with land

• Local authorities, Historic Places Trust, and Environment Court has to have regard to acknowledgements

• Statutory association of Ngati Toa recognised for RMA purposes

N O R T H I S L A N D

Mana Island

Red Rocks Scientific Reserve

Pukerua Bay Scientific Reserve

Oteranga Bay marginal strip

Queen Elizabeth II Park

Whareroa Farm

Te Onepoto Bay

Pauatahanui Wildlife Reserve

Horokiri Wildlife Reserve

Battle Hill Farm Forest Park

S O U T H I S L A N D

Lake Rotoiti (Nelson Lakes National Park)

Lake Rotoroa (Nelson Lakes National Park)

Wairau Pa

Chetwode Islands

Malcolms Bay Scenic Reserve, Arapawa Island

C U L T U R A L R E D R E S S

A C K N O W L E D G E M E N T S

D E E D S O F

R E C O G N I T I O N

D E E D S O F R E C O G N I T I O N :

• Agreements between Ngati Toa and DOC

• Ngati Toa to be consulted over issues outlined in Deed in respect to the area

• 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 Pa

• Chetwode Islands

• Malcolms Bay Scenic Reserve, Arapawa Island

C U L T U R A L R E D R E S S

A C K N O W L E D G E M E N T S

C O A S T A L S T A T U T O R Y

A C K N O W L E D G E M E N T S

• Te Tau Ihu Coastal Marine Area

• Cook Strait

• Te Awarua-o-Porirua Harbour

• Wellington Harbour

• Toka Haere or Thoms Rock

• Kapukapuariki Rocks

• Tawhitikuri/Goat Point

• Toka-a-Papa Reef

C U L T U R A L R E D R E S S

A C K N O W L E D G E M E N T S

R I V E R S T A T U T O R Y

A C K N O W L E D G E M E N T S &

D E E D S O F R E C O G N I T I O N

• Hutt River

• Wairau River (including Omaka River and Kaituna

River as tributaries)

• Maitai River (or Mahitahi River near Nelson)

• Te Hoiere/Pelorus River

• Tuamarina River

• Buller River (Northern portion)

• Waimea River

• Motueka River

ADDITIONAL REDRESS

R I V E R / F R E S H W A T E R A D V I S O R Y C O M M I T T E E

• Provides for the establishment of an advisory group made up of the 8 iwi of Te Tau Ihu

• The advisory group will participate in the management of the rivers and fresh water with the relevant councils

• Seeks to improve the health and best use of these waters

P L A C E N A M E C H A N G E S

• Ngati Toa will receive a number of place name changes as a result of the settlement eg.

• Rangituhi/Colonial Knob• Te Awarua-o-Porirua Harbour• Te Hoiere/Pelorus Sound• Totaranui/Queen Charlotte Sound• Te Whanganui/Port Underwood

L E T T E R S O F I N T R O D U C T I O N

The Minister of Treaty Settlements will send letters of introduction to the following organisations:

• Department of Internal Affairs (National Library and Archives New Zealand)

• New Zealand Film Archive• New Zealand Historic Places Trust• A number of museums including Te Papa Tongarewa

C U L T U R A L R E D R E S S

UNIQUE ASPECTS OF REDRESS

K A M A T E H A K A

A separate Haka Ka Mate Attribution Bill will developed as part of the settlement.

The Crown acknowledges and recognises the significance of Ka Mate as a taonga andan integal part of the history, culture, and identifyof Ngati Toa Rangatira.

Ngati Toa will gain a right of attribution that will apply to certain things such as:

• Any publication of Ka Mate for commercialpurposes

• Communication to the public• Any film that includes Ka Mate and is shown in public

Tawhito whenua

The Crown will acknowledge the Ngati Toa aspirations to have Tawhito Whenua displayed in parliament.

Ngati Toa will seek permission from the speaker of the house to have Tawhito Whenua displayed.

P A E K A K A R I K I C A M P G R O U N D

Ngati Toa will be appointed to control and manage the campgound.

The caretakers and managers residence will be vested toNgati Toa in fee simple title.

S O U T H E R N R O H E

The Crown will pay Ngati Toa $500,000 in acknowledgement of claims within our southern rohe.

The Background Section of the deed also provides an historical account and actions taken by Ngati Toa to have our rights acknowledged within this area.

P O S T S E T T L E M E N T G O V E R N A N C E E N T I T Y

TOA RANGATIRA TRUST

POST SETTLEMENT GOVERNANCE ENTITY

H A V E W E M E T Y O U R A S P I R A T I O N S?

Our recommendation to the iwi is to accept the settlement package and post settlement governance entity structure.

Redress for all parts of our rohe – lands in most areas and ability to acquire further land.

Recognition of our interests throughout our rohe.

Recognition for our maritime dominance and coastal interests.

Protection for key taonga such as Kapiti and Ka Mate.

D E E D S I G N I N G A N D

L E G I S L A T I O N

We are working towards a deed signing in early November.

We are part of the Te Tau Ihu Omnibus Bill that cannot progress to legislation until the Whakatu Incorporation matters have been resolved.

PATAI?