Ngai Tahu and the New Zealand Treaty Settlement Process

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Presentation transcript:

Ngai Tahu and the New Zealand Treaty Settlement Process

The 1975 Treaty of Waitangi Act Matiu Rata

The first Waitangi Tribunal 1975-1985 1977 Amendment: Serviced by Justice rather than Maori Affairs

Treaty of Waitangi Amendment Act 1985 Opened the door to historical claims

Treaty of Waitangi Amendment Act 1985 Opened the door to historical claims Inclusion of the “principles of the Treaty of Waitangi” into legislation Eg. State Owned Enterprises Act 1986, The Conservation Act 1987, The Environment Act 1986, the Maori Language Act 1987, the Education Act 1989 and the Maori Fisheries Act 1989.

Treaty of Waitangi Amendment Act 1985 Opened the door to historical claims Inclusion of the “principles of the Treaty of Waitangi” into legislation Eg. State Owned Enterprises Act 1986, The Conservation Act 1987, The Environment Act 1986, the Maori Language Act 1987, the Education Act 1989 and the Maori Fisheries Act 1989. Liberalization of the economy & reparations for Maori

Liberalization of the economy & reparations for Maori Waitangi Tribunal’s 1986 Interim Report on SOE Bill and New Zealand Maori Council v. Attorney General of New Zealand 1987 leads to the Treaty of Waitangi (State Enterprises) Act 1988 Crown Forestry Rental Trust 1989 Sir Robin Cooke Whina Cooper at the hearing

The Treaty of Waitangi Policy Unit Established in 1989 to provide advice on Treaty of Waitangi issues, later lead negotiations Tainui Maori Trust Board v. Attorney-General (1989) Negotiations begin with Waikato-Tainui in early 1989 1989 Principles for Crown Action

Ngai Tahu Tribunal First comprehensive historical hearing 1987-1989 Main report delivered in February 1991 Report on Legal Personality in 1992 Report on Ngai Tahu Sea Fisheries in 1992 Report on Ancillary Claims in 1995 Negotiations with Ngai Tahu begin in September 1991

1992 Fisheries Settlement Led by (Sir) Tipene O’Regan, (Sir) Robert Mahuta, Matiu Rata, (Sir) Graham Latimer, Dick Dargaville and Maanu Paul (Sir) Tipene O’Regan (Sir) Robert Mahuta

Development of Treaty settlement policy by National before and after 1993 election victory

Development of Treaty settlement policy by National after 1993 election victory Debates within government: Treaty of Waitangi Policy Unit, Treasury, Department of Prime Minister & Cabinet, Department of Conservation, Te Puni Kokiri

Development of Treaty settlement policy by National after 1993 election victory Debates within government: Treaty of Waitangi Policy Unit, Treasury, Department of Prime Minister & Cabinet, Department of Conservation, Te Puni Kokiri On-going negotiations with Waikato-Tainui, breakdown with Ngai Tahu in mid-1994

Development of Treaty settlement policy by National before and after 1993 election victory Debates within government: Treaty of Waitangi Policy Unit, Treasury, Department of Prime Minister & Cabinet, Department of Conservation, Te Puni Kokiri On-going negotiations with Waikato-Tainui, breakdown with Ngai Tahu in mid-1994 1995 "Crown Proposals for the Settlement of Treaty of Waitangi Claims” 1995 Waikato Raupatu Claims Settlement Act

1997 Ngai Tahu Claims Settlement Act - Negotiations recommence in 1996 - A much more comprehen- sive settlement than Waikato

Ngai Tahu settlement Crown Apology $170 million (3Q 1996 dollars) + approximately $25 million interest Right of First Refusal Deferred Selection Process Relativity clause: 16.7%

Ngai Tahu settlement Aoraki (Mount Cook) Return of pounamu (jade) Return of Crown Titi Islands and Rarotoka Island Management of Arahura Valley, Whenua Hou (Codfish Island) + membership on Boards Statutory Acknowledgements and Deeds of Recognition at many sites Ancillary claims redress