Deed of settlement initialled with Tamaki Collective   7 Jun 2012

The Crown today initialled a deed of settlement to collectively settle the historical claims of 13 iwi and hapu over shared interests in the Auckland area, including maunga (volcanic cones) and motu (islands), Minister for Treaty of Waitangi Negotiations Christopher Finlayson announced.

The deed initialling took place at at the Auckland War Memorial Museum, and was attended by Mr Finlayson for the Crown, representatives of 12 of the iwi and hapu groups, which have been negotiating as the Tamaki Collective, and also Mayor Len Brown.

“This is a significant step forward for the iwi of Auckland and the wider community as we move towards putting the grievances of the past behind us and look forward to the future,” Mr Finlayson said.

If enacted settlement will vest ownership of 14 maunga (volcanic cones) currently owned by the Crown in the Tamaki Collective, as outlined in the framework agreement signed by the parties in January 2010. The volcanic cones will be co-governed by a body made up of representatives of Auckland Council, the Tamaki Collective and a Crown representative, for the express benefit of all the people of Auckland and mana whenua.

There will be no changes to existing public access and use rights. Third party rights including infrastructure, buildings and leases will be maintained.

“This will be the first time Auckland’s iconic volcanic cones will have had an integrated management plan, which will benefit the people of Auckland, and build on the work already done in investigating the possibility of the maunga being designated a UNESCO World Heritage site,” Mr Finlayson said.

The Crown will contribute set-up costs of $400,000 for the co-governance body.

Day to day management will continue to be handled by the Auckland City Council, except on North Head, where the Department of Conservation will continue to manage the reserve.

The deed also provides for the gifting and gift-back of four islands in the Hauraki Gulf - Rangitoto, Motutapu, Motuihe and Tiritiri Matangi - owned by the Crown, as set out in the terms of agreement signed by the parties in November last year.

Title to the islands will be vested in the Tamaki Collective, which will then gift them back to the Crown. The summit of Rangitoto and two small sites associated with historical waka mooring will be retained by the Tamaki Collective.

“The wider Auckland region accounts for around a quarter of all remaining historical settlements, and is a complex area with many overlapping claims and shared interests,” Mr Finlayson said. “This collective agreement represents a significant step forward in settling these important claims.”

The deed of settlement also provides for members of the collective to share a first-right-of-refusal on Crown land in the Tamaki Makaurau area.

The iwi and hapu that make up the Tamaki Collective are Ngai Tai ki Tamaki, Ngati Maru, Ngati Paoa, Ngati Tamaoho, Ngati Tamatera, Ngati Te Ata, Ngati Whanaunga, Ngati Whatua o Kaipara, Ngati Whatua Orakei, Te Akitai, Te Kawerau a Maki, Te Patukirikiri and Te Runanga o Ngati Whatua. Ngai Tai ki Tamaki did not initial the deed today. The collective deed of settlement will form part of each iwi and hapu’s comprehensive settlement of historical grievances.

The deed will now be taken to the members of each signatory hapu and iwi for ratification, and will be given effect by legislation.

The initialled Deed of Settlement, and a summary, are available on the Office of Treaty Settlements website www.ots.govt.nz

Tamaki Makaurau Collective Deed of Settlement – Q & A

1. Who are the members of the Tamaki Collective/Nga Mana Whenua o Tamaki Makaurau?
Ngai Tai ki Tamaki, Ngati Maru, Ngati Paoa, Ngati Tamaoho, Ngati Tamatera, Ngati Te Ata, Ngati Whanaunga, Ngati Whatua o Kaipara, Ngati Whatua Orakei, Te Akitai Waiohua, Te Kawerau a Maki, Te Patukirikiri, Te Runanga o Ngati Whatua.

2. How does this collective deed of settlement relate to the claims of those iwi/hapu?
The Collective Deed of Settlement provides collective redress for the shared interests of the members of the Tamaki Collective in relation to specified maunga, motu and lands within Tamaki Makaurau.

Comprehensive settlement of the historical claims of the iwi/hapu of the Tamaki Collective over Tamaki Makaurau will be made through iwi-specific settlements. The collective redress provided by the Tamaki Makaurau collective deed will form part of each individual iwi/hapu Treaty settlement.

3. Why is a Collective Deed necessary?
The collective approach recognises that the iwi/hapu of Tamaki Makaurau have various overlapping customary interests which would be difficult to consider separately from each other.

The collective deed provides the redress that cannot be provided through individual iwi/hapu settlements due to the extent of overlapping interests in the region.

The collective deed is therefore critical to settling the historical claims in the Auckland region.

4. What redress is being provided?
The Tamaki Makaurau Collective Deed provides cultural and commercial redress for the shared interests of the 13 mana whenua iwi/hapu in Tamaki Makaurau.

Maunga/Volcanic cones

In summary, 14 volcanic cones (maunga) currently owned by the Crown will be vested in the Tamaki Collective. The maunga will be held in trust for the common benefit of the iwi/hapu of Tamaki Makaurau and all other people of Auckland.

With the exception of Maungauika/North Head and Rarotonga/Mount Smart, the maunga will be co-governed by the Tamaki Collective and the Auckland Council for the benefit of all Aucklanders and the mana whenua, through a new body called the Tupuna Maunga o Tamaki Makaurau Authority. Auckland Council will continue to have responsibility for the day-to-day management of the maunga.

The maunga are:

Matukutururu/Wiri Mountain
Maungakiekie/One Tree Hill
Maungauika/North Head
Maungarei/Mount Wellington
Maungawhau/Mount Eden
Mount Albert
Mount Roskill
Mount St John
Ohinerau/Mount Hobson,
Ohuiarangi/Pigeon Mountain
Otahuhu/Mount Richmond
Rarotonga/Mount Smart
Takarunga/Mount Victoria
Te Tatua a Riukiuta.

Maungauika/North Head will continue to be managed by the Department of Conservation unless the Auckland Council decides at a future point to take on management responsibilities for this maunga, at which time it would come under the jurisdiction of the co-governance body.

Mount Smart will continue to be governed by the Auckland Council under the Mount Smart Regional Recreation Centre Act 1985.

Mount Mangere will be included in the co-governance regime but will continue to be owned by the Crown.

Motu/Islands

Four islands (motu) will be vested in the Tamaki Collective and, after one month, will be gifted back with the Crown for the benefit of all New Zealanders. The islands/motu are Rangitoto, Motutapu, Motuihe and Tiritiri Matangi. This arrangement provides recognition of the special association that the collective iwi/hapu have with these islands as well as the significance of these islands to New Zealand as a whole. Three areas on Rangitoto will vest in the permanent ownership of Nga Mana Whenua o Tamaki Makaurau - the summit of Rangitoto, and two sites associated with historical waka mooring.

Vesting of these areas will not happen until settlement legislation is passed. The land to be transferred is all currently owned by the Crown. No private land is involved.

Brown's Island/Motukorea will continue to be owned by the Auckland Council and managed by the Department of Conservation in line with the the Council's arrangement with DOC. As such, it will be included in the Conservation Management Plan for the inner Gulf Islands provided for by the deed of settlement. This will ensure an integrated approach is taken with the other islands of the inner Gulf.

Right of first refusal

The Tamaki Collective will receive a right of first refusal over Crown land in the Tamaki Makaurau region. If and when the Crown decides to dispose of this land it must first offer it to the Tamaki Collective to purchase.

5. What differences are there between the November 2011 Record of Agreement and the Deed of Settlement?
In addition to the vesting of 12 of the maunga identified in the Record of Agreement, the deed of settlement provides for Maungauika/North Head and Matukutururu/Wiri to also be vested in the Tamaki Collective. Matukutururu/Wiri will be included in the co-governance arrangements between the Tamaki Collective and the Auckland Council. Maungauika/North Head will continue to be administered by the Department of Conservation with an option for Auckland Council to take on day to day management in the future, at which point it would be included in the co-governance arrangements.

Mount Mangere will be included in the co-governance regime but will continue to be owned by the Crown.

6. Why transfer the volcanic cones?
The volcanic cones are of extremely high historical, spiritual and cultural significance to the iwi/hapu of Tamaki Makaurau. Vesting them in the Tamaki Collective provides appropriate recognition and is a vital aspect of the collective settlement. The co-governance framework will maintain and enhance cultural, heritage, and environmental value.

7. What will happen to public access to the cones and the islands?
Nothing will change for the public. Public access, recreational use, reserve status and existing third party rights are maintained.

8. Will the Tamaki Collective be able to charge for entrance to the cones?
No, existing public access rights are maintained.

9. Can any of the volcanic cones being transferred be sold at a later date?
No. The cones will not be able to be sold or mortgaged.

10. How will essential public infrastructure, such as water reservoirs, and services be affected?
The Tamaki Collective deed and legislation will provide for the protection and operation of essential public infrastructure. The Crown continues to work closely with the Auckland Council to address key issues regarding third party rights and interests in the maunga.

11. What financial offer is included in the settlement?
There is no financial offer associated with the Tamaki Makaurau Collective settlement. The members of the Tamaki Collective will receive financial redress (and cultural and commercial redress) through their individual settlements.

12. Will any place names change?
Yes, eighteen existing geographic names will change and two sites that do not currently have official names will be assigned geographic names. Most of these changes relate to maunga/cones and motu/islands.

13. What public consultation has there been on this settlement?
Details of the proposed settlement have been in the public domain since publication of a Framework Agreement in February 2010. The Crown has met with a range of stakeholders and interested groups over the last 18 months to discuss relevant aspects of the settlement. The Auckland Council has been consulted throughout the process. The public will have a further opportunity to present its views through the select committee process for the settlement legislation.

14. What does the settlement mean for the replanting of One Tree Hill?
One Tree Hill will be transferred to the Tamaki Collective and included in the co-governance arrangement. The establishment of the co-governance body through the settlement will provide the opportunity for progress on the replanting of a tree on One Tree Hill. The Auckland Council’s predecessors previously said no re-planting could occur until a settlement was reached involving One Tree Hill/Maungawhau.

15. What is the status of other negotiations underway in the Auckland area?
The Crown has signed Deeds of Settlement with Ngati Manuhiri, Ngati Whatua Orakei and Ngati Whatua o Kaipara. Settlement legislation for Ngati Manuhiri and Ngati Whatua Orakei is currently being considered by the Maori Affairs Committee. Settlement legislation for Ngati Whatua o Kaipara is expected to be introduced shortly.

Iwi-specific negotiations are underway with 18 iwi/hapu that have interests in the Auckland and/or Hauraki regions. These negotiations are at various stages.

Collective negotiations are also underway in the Hauraki region.

(New Zealand Government)

Add a comment

Bookmark and Share

News

Gareth Morgan: Election Day is Time to Refocus on Policies

19 Sep 2014 Opinion
Gareth Morgan: Election Day is Time to Refocus on Policies Over the course of this election campaign there has been a lot of focus... more

Daily Election Update #12: NZ First to hold balance of power

19 Sep 2014 News
iPredict IPREDICT LTD 2014 NEW ZEALAND ELECTION DAILY UPDATE #12 www.ipredict.co.nz more

Business

NZ consumer confidence edges up in September from 10-month low

19 Sep 2014 Business News By Suze Metherell
Sept. 19 (BusinessDesk) - New Zealand consumer confidence rose in September from a 10-month low, as households adjust to a more... more

Goodman to spend $33.4M on developments, sells Carter Holt Harvey plant in Christchurch

19 Sep 2014 Business News By Suze Metherell
Sept. 19 (BusinessDesk) - Goodman Property Trust, which is selling assets to fund development, will spend $33.4 million on four ... more

Living

Pop superstar Lady Gaga using Shuttlerock's kiwi software

15 Sep 2014 Environment By Fiona Rotherham
Sept. 15 (BusinessDesk) - New Zealand visual marketing software company Shuttlerock has added Lady Gaga to its client list. While... more

German, Kiwi films big winners at Uni Shorts 2014

15 Sep 2014 Entertainment
AUCKLAND: German filmmakers dominated the awards at the third annual Uni Shorts International Student Film Festival held over the... more

Property

Auckland house sales drop in August as winter, election weigh

3 Sep 2014 Property By Paul McBeth
Sept. 3 (BusinessDesk) - Auckland house sales fell for a third month in August and the number of listings remained muted in the... more

House sales down as winter cools market - REINZ

14 Aug 2014 Property
New Zealand house sales fell in July as winter cooled the appetite of house hunters while a drop in properties selling for $400,000... more

Migration

NZ net migration at annual record in August on big inflow

19 Sep 2014 Migration By Suze Metherell
  NZ net migration at annual record in August on big inflow, fewer departures Sept. 19 (BusinessDesk) - New Zealand’s... more

Reserve Bank says migration impact on housing 'muted' so far

11 Sep 2014 Migration By Suze Metherell
Sept. 11 (BusinessDesk) - The Reserve Bank is keenly watching the impact New Zealand's decade-high net migration inflow is having on... more

Travel

Longer Wellington runway worth 2-5 flights daily by 2060

11 Sep 2014 Travel & Tourism By Pattrick Smellie
Sept. 11 (BusinessDesk) - Plans for a $350 million runway extension for Wellington International Airport would provide the capital... more

NZ guest nights rise in July

10 Sep 2014 Travel & Tourism By Suze Metherell
NZ guest nights rise in July on school holidays, record short term visitors   Sept. 10 (BusinessDesk) - New Zealand guest... more

Sport

Prince Harry to be Honorary President of England Rugby 2015

19 Sep 2014 Rugby
Prince Harry Announced as Honorary President of England Rugby 2015 on One Year to Go to Rugby World Cup 2015 With One Year to Go to... more

Silver Ferns Squad & Constellation Cup Team Announced

19 Sep 2014 Netball
Netball New Zealand National Selectors have chosen 19 players in the Silver Ferns Squad for the 2014/2015 international Netball... more

Columns

Gordon Campbell on a campaign that is ending as it began

19 Sep 2014 Opinion
Column - Gordon Campbell   Gordon Campbell on a campaign that is ending as it began This election campaign is getting no less... more

Martin Doyle Cartoon: Election on a fork 'n' knife-edge

19 Sep 2014 Opinion
Opinion - Martin Doyle   Martin Doyle Cartoon: Election on a fork 'n' knife-edge   more

Kiwi Success

Prestigious Awards in Psychology

10 Sep 2014 People
The New Zealand Psychological Society (NZPsS) -the largest membership association for psychologists in New Zealand, offers awards... more

The duo behind NZ's hottest new label

20 Aug 2014 People
We're expecting big things from Harman Grubisa, the new label from Auckland-based friends Madeleine Harman (right) and Jessica... more

Recruitment

Paramedics in NZ jump at opportunity of London career

11 Sep 2014 Recruitment
Paramedics in New Zealand jump at opportunity of a clinical career in London Paramedics hoping for a chance to work for the... more

High dollar, hands-off Govt sends workers to dole queue

22 Aug 2014 Recruitment
The loss of up to 100 jobs at Croxley stationery in Auckland is devastating news for their families and the local Avondale... more