Agreement in Principle between the Crown and Ngäti Apa (North Island)

For the settlement of the historical Treaty claims of Ngäti Apa (North Island)

Background to the Agreement in Principle

Ngäti Apa (North Island) have more than 3,200 members. The historical grievances of the iwi relate primarily to the Crown’s purchase in 1849 of the 260,000 acre Rangitikei-Turakina Block, including the subsequent failure to adequately protect approximately 35,000 acres of reserves set aside from this transaction. Their claims also relate to the operation and impact of the native land laws, which contributed to the erosion of traditional tribal structures and resulted in the gradual alienation of nearly all their remaining land. Today Ngäti Apa (North Island) own less than one percent of their traditional rohe.

The Crown recognised the mandate of Te Rünanga o Ngäti Apa (Te Rünanga) to negotiate a settlement on behalf of Ngäti Apa (North Island) to settle their historical Treaty claims. The Crown signed Terms of Negotiation with Te Rünanga in July 2005.

On 12 July 2007, the Crown and Te Rünanga signed an Agreement in Principle. The parties will now consult with overlapping claimants and 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 Ngäti Apa (North Island) 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.

Te Rünanga carried out negotiations on behalf of Ngäti Apa (North Island). The Office of Treaty Settlements, with the support of the Department of Conservation, Land Information New Zealand and other government agencies, represented the Crown in day-to-day negotiations. The Minister in Charge of Treaty of Waitangi Negotiations, Hon Mark Burton, represented the Crown in high-level negotiations with Ngäti Apa (North Island).

Summary of the Agreement in Principle

The Agreement in Principle is made up of a package that includes:

  • A financial and commercial redress package, including:

a quantum of $14 million, which comprises:

  • $13.2 million, which can be used to purchase, at market value, licensed Crown forest land. The forest land would be selected from within a total land area of approximately 6,500 hectares. Ngäti Apa (North Island) will also receive the accumulated Crown Forest Licence rentals associated with any licensed Crown forest land purchased; and
  • $0.80 million, which is the fiscal contribution of the cultural revitalisation redress to Ngäti Apa (North Island). Details of this redress are outlined below.

a right of deferred selection for six months after Settlement Date over four non-surplus Crown properties (three of which are to be leased back to the Crown and include land only); and

a right of refusal over the land upon which four non-surplus Crown properties (the Royal New Zealand Air Force Base Ohakea, the Bulls Police Station, Turakina School and Whangaehu School) are situated.

  • A cultural redress package including:

the transferof 11 sites of significance to Ngäti Apa (North Island) totalling 214 hectares, with all but 33 hectares subject to conservation rights and third party rights;

the agreement to transfer two lakebeds of significance – one that is fully Landcorp-owned and one that is part Landcorp-owned and part Crown-owned;

Statutory Acknowledgements over three sites, five waterways, and the coastal marine area within Ngäti Apa (North Island)’s area of interest;

A Deed of Recognition over five sites;

One place name change for possible assignment or alteration, in consultation with the New Zealand Geographic Board Ngä Pou Taunaha o Aotearoa and two Department of Conservation scenic reserve name changes;

protocols with the Minister of Conservation, the Minister of Fisheries, the Minister for Arts, Cultural and Heritage, and a relationship agreement with the Ministry for the Environment;

ministerial letters encouraging regional and local authorities to enhance their relationship with Ngäti Apa (North Island), by, for example, entering into memoranda of understanding (or similar document) with the Iwi and Hapu;

a ministerial letter to Horizons Regional Council encouraging the Council to recognise the cultural and historical significance of a site to Ngäti Apa (North Island), Täwhirihoe (Scotts Ferry), that is council owned; and

cultural revitalisation redress that is unique to these negotiations, comprising:

  • the gifting of five papakainga properties (including the agreement to purchase 9.28 hectares of land owned by AgResearch Limited);
  • $160,000 for a cultural redevelopment plan;
  • $500,000 for the implementation of a cultural redevelopment plan; and
  • $340,000 for compilation of a comprehensive historical record.
  • An historical account that recognises the aspects of the relationship between the Crown and Ngäti Apa (North Island) that gave rise to breaches of the Treaty of Waitangi. The Deed of Settlement will also contain Crown Acknowledgements and a Crown Apology for breaches of the Treaty of Waitangi, based on the historical account.
Next Steps

The Agreement in Principle is subject to the Crown confirming that overlapping iwi interests (in relation to the settlement redress outlined above) have been addressed to the satisfaction of the Crown.

After consulting with overlapping claimants, Te Rünanga and the Crown will develop a detailed Deed of Settlement, which will be subject to ratification by Ngäti Apa (North Island). All eligible registered members of Ngäti Apa (North Island) will have the opportunity to vote on whether to accept the Crown's offer as set out in the Deed of Settlement, although the details of the ratification process itself have yet to be finalised. Te Rünanga will also develop post-settlement governance arrangements to hold and manage the settlement redress, which members will have the opportunity to ratify. If Ngäti Apa (North Island) ratifies the Deed of Settlement and the governance arrangements, the Deed will be signed by the Crown and Te Rünanga, and the settlement will be conditional only on the passage of legislation to implement the settlement.

The settlement will be for the benefit of all members of Ngäti Apa (North Island), wherever they may now live.

Questions and answers

1.What will be the total cost to the Crown?

$14 million quantum plus interest from the date of the signing of the Deed of Settlement, plus the cost of the cultural sites returned.

2.When will the settlement take effect?

It is expected that a Deed of Settlement will be initialled by mid-2008. If it is ratified by members of the Iwi and Hapu, it is estimated that the Deed of Settlement will be implemented by legislation in late 2008. After the legislation is passed, the Deed of Settlement will become unconditional and the terms of the settlement will take effect.

3.Are the public’s rights affected?

Generally, no. However, five sites totalling approximately 33 hectares will be returned to Ngäti Apa (North Island) with no provision for public access. Public access to the Whitiau Scenic Reserve, the remainder of the Lake Pukepuke Conservation Area, and the remainder of the Junction Recreation Reserve will be unaffected.

4.Which grievances are covered by the Agreement in Principle?

The historical grievances relate primarily to the Crown’s purchase in 1849 of the 26,000 acre Rangitikei-Turakina Block, including the subsequent failure to adequately protect approximately 35,000 acres of reserves set aside from this transaction. Their claims also relate to the operation and impact of the native land laws, which contributed to the erosion of traditional tribal structures and resulted in the gradual alienation of nearly all their remaining land. Today Ngäti Apa (North Island) own less than one percent of their traditional rohe.

5.Can Ngäti Apa (North Island) make further historical Treaty of Waitangi claims after the settlement legislation is passed?

No. If the Deed of Settlement is ratified and passed into law, both parties agree that it will be a final and comprehensive settlement of all the historical (pre-21 September 1992) Treaty of Waitangi claims of Ngäti Apa (North Island). The settlement legislation, once passed, will prevent the Iwi and Hapu concerned from re-litigating their historical claims before the Waitangi Tribunal or courts.

6.Will Ngäti Apa (North Island) gain any rights to the foreshore and seabed under the settlement?

No. The existence of aboriginal title or customary rights is not affected by the settlement. The settlement does not affect the Foreshore and Seabed Act 2004.

7.Is Ngäti Apa (North Island) claim area covered by any regional Waitangi Tribunal regional inquiry districts?

Yes. Three Waitangi Tribunal regional inquiry districts cover the Ngäti Apa (North Island) claim area (the Whanganui, Rangitikei-Manawatü and Taihape districts). The Whanganui Inquiry district is the only one of these inquiries which is currently active, with hearings scheduled to begin in August 2007.

8.Who will the settlement redress go to?

This settlement will be for the benefit of all members of Ngäti Apa (North Island), wherever they may now live.

Te Rünanga o Ngäti Apa has the mandate to negotiate a Deed of Settlement only. It does not have a mandate to receive and manage the settlement redress.

The Deed of Settlement will be subject to the establishment of a post-settlement governance entity (or entities) that is appropriately representative, accountable and transparent, and has been ratified by members of Ngäti Apa (North Island). If ratified, the governance entity (or entities) will be established to receive and manage the settlement redress. The Crown and Te Rünanga o Ngäti Apa have yet to discuss the proposed post-settlement governance arrangements that will be put to Ngäti Apa (North Island) for ratification.

Certain sites, such as wahi tapu, may be for the benefit of particular groups, if determined by the established post-settlement governance entity (or entities) in accordance with its own procedures.

9.What are a Statutory Acknowledgement and a Deed of Recognition?

Statutory Acknowledgements acknowledge areas, sites or water bodies with which a claimant group have a special relationship, and facilitate the participation of claimant groups in Resource Management Act processes. They do not give the claimant group a specific property right.

A Deed of Recognition sets out an agreement between the administering Crown body (the Minister of Conservation or the Minister of Crown Lands) and the claimant group, which recognises the claimant group’s special association with a site and specifies the nature of the claimant group’s input into the management of the site.

10.Are any place names changed?

Yes. There is one place name change for possible assignment or alteration, in consultation with the New Zealand Geographic Board Ngä Pou Taunaha o Aotearoa, and two Department of Conservation scenic reserve-name changes

11.Are any National Parks affected by the settlement?

No.

12.Which major Crown assets are involved in the settlement?

There are two major Crown assets involved in this settlement – the Wanganui Prison (formerly the Kaitoke Prison) and the Royal New Zealand Air Force Base Ohakea (RNZAFB Ohakea).

The Wanganui prison has been offered to Ngäti Apa (North Island) through a Sale and Leaseback arrangement. This effectively means that if Ngäti Apa (North Island) choose to purchase the land upon which the prison is situated, this will be on the condition that they agree to lease the land back to the Crown immediately. The buildings and any improvements on the land will remain in Crown ownership.

Ngäti Apa (North Island) have been offered a Right of First Refusal (RFR) over RNZAFB Ohakea. An RFR means that Ngäti Apa (North Island) has the right to purchase at market value, ahead of any other potential purchaser, the land upon which RNZAFB Ohakea is located if it is no longer required by the Crown. The RFR over RNZAFB Ohakea is for a period of 50 years, from settlement date.

In addition to these properties, the settlement will provide for the return of the Marton Golf Club to Ngäti Apa (North Island) as cultural redress, subject to the existing recreational reserve status and the existing perpetual lease to the Marton Golf Club.

13.How will the Crown deal with other Mäori who have made claims over Ngäti Apa (North Island)’s area of interest?

No redress will be finalised until the Crown is satisfied that overlapping claims have been satisfactorily addressed. The Crown is providing information to all Wai claimants who may be affected by this settlement.

For further information please contact Simone Jansen Acting Press Secretary for Hon Mark Burton (04 471 9773 or 021 502 914). A full copy of the Agreement in Principle and information about the Treaty settlement process in general is available on the Office of Treaty Settlements’ website

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