Hauraki Treaty Settlement
This page looks at how outstanding Treaty of Waitangi grievances with the tribes of the greater Hauraki region (which includes the Coromandel) are being resolved.
On 22 December 2016 the Crown and the Iwi of Hauraki initialled a Collective Redress deed. Full details are available on the New Zealand Government website here. It’s expected our Council will play some part in the implementation arrangements once the settlements are enacted through legislation at a yet to be determined time.
The 12 iwi of Hauraki involved in these settlements are:
- Ngāi Tai ki Tamaki
- Ngāti Hako
- Ngāti Hei. In May 2017 Ngāti Hei and the Crown initialled a Deed of Settlement (the Deed). The Deed is subject to ratification by the members of Ngāti Hei and conditional on the enactment of settlement legislation. On settlement, the trustees of the Ngāti Hei Post Settlement Governance Entity will manage the settlement assets.
- Ngāti Maru
- Ngati Pāoa
- Ngāti Porou ki Hauraki
- Ngāti Pūkenga
- Ngāti Rāhiri Tumutumu
- Ngāti Tamaterā
- Ngāti Tara Tokanui
- Ngāti Whanaunga
- Te Patukirikiri
Both Ngāti Pūkenga and Ngāi Tai ki Tāmaki have signed their deeds of settlement. This leaves ten iwi-specific settlements to be finalised.
Pare Hauraki Collective Redress Bill
The Pare Hauraki Collective Redress Bill was introduced into Parliament in December 2022.
This legislation is required to give effect to some elements of the Pare Hauraki Collective Redress Deed, which was signed by the Pare Hauraki Collective and the Crown on 2 August 2018. This Bill gives effect to redress in the deed that requires legislation.
Pare Hauraki Collective
In 2009, the 12 Iwi of Hauraki with a combined population of approximately 10,000 formed the Pare Hauraki Collective for the purpose of negotiating a Treaty settlement. The 12 iwi are listed above.
The areas of interest of the iwi of Hauraki extend from Mahurangi in the north to western Bay of Plenty and include the Hauraki Gulf / Tīkapa Moana islands.
Points to note
These settlements provide redress exclusively for those iwi, and settle all their historical Treaty claims. Iwi have also formed collectives to negotiate shared redress.
In 2009, the Hauraki Collective was formed for the purpose of receiving redress in the Hauraki region where the iwi have shared interests.
Settlement redress becomes public when deeds are initialled. This signals the end of negotiations. It is an important step in the journey towards settling the historical claims of iwi.
Until deeds are initialled the iwi and the Crown are still in negotiation. Detail about the settlement is yet to be finalised and is confidential.The initialled deed of settlement is subject to a vote (ratification) by members of the iwi. If the deed is ratified, the deed will be signed by the Crown and the iwi.
The Crown will then introduce legislation to Parliament to give effect to the settlement.
Partnerships with local authorities are often part of redress. Some settlements provide for iwi to have a role in the governance/management of natural resources in partnership with local authorities. This is part of cultural redress and is aimed at giving effect to iwi aspirations over the governance/management of natural resources, balanced with the roles and responsibilities of local authorities.
In many cases, the Minister for Treaty of Waitangi Negotiations will write to local authorities formally advising them of matters of particular importance to the iwi. The Minister may also write letters of introduction to local authorities encouraging them to develop stronger relationships with the iwi.
In some cases iwi may be involved in decisions about public reserve land. Where iwi have strong associations with an area of public reserve land, such as the Department of Conservation or council park land, then arrangements are sometimes made for local authorities and iwi to work together on decision-making about management of these areas.
Arrangements for reserves can include encumbrances requiring protection of public access, any conservation values, and third party interests.Crown-owned land can also be transferred to iwi.
Ownership of land is a common priority for iwi and Crown land is often transferred to iwi as part of a settlement. This can include public conservation land being transferred to iwi ownership, normally with the rights and protections of the reserve intact.
Existing rights are protected.
Private land is not available for use in settlements. Private land will only be considered if the private land owner offers it for transfer to iwi.
Reserves may have a change in ownership and management after settlement. Any existing third-party rights over Crown-owned land will normally be guaranteed on the same terms as now.
Existing public access will normally be preserved.
Commitments already made by the Crown:
- Fiscal quantum or "envelope" of $51M
- Transfer of Crown licensed forests & accumulated rental: (approx 10% of district land area and past rentals of $21M)
- Whenuakite Farm (Landcorp)
- Right of First Refusal over surplus Crown land
- Relationship redress with Central and Local government agencies
- Initialling Deed of Settlement with Ngati Hei which is now subject to ratification by the members of Ngati Hei. On settlement, the trustees of the Ngāti Hei Post Settlement Governance Entity will manage the settlement assets. You can read more about the Deed here.
The Hauraki Settlement process:
- Establishment of the Hauraki Collective (2009)
- Signing of the Hauraki Framework Agreement (Oct 2010)
- Development and signing of the a Hauraki Agreement in Principle (AIP)
(This is a draft for consultation within the Hauraki Collective – which will include much more details including financial redress amounts etc)
- Development and signing of the Hauraki Deed of Collective and Individual Settlement
For more details about the likely contents of the Hauraki Agreement in Principle and Hauraki Deed of Collective visit the Hauraki Collective website www.govt.nz/treaty-settlement-documents
General time-frames and milestones:
- March 2009 – The Crown initiates to settle the Hauraki iwi’s treaty claims by engaging Sir Douglas Graham to act as a facilitator and find a way forward.
- 2009 – The Hauraki Collective is formed to negotiate with the Crown
- October 2010 – A Framework Agreement signed by the Crown and the Hauraki Collective
- March 2011 – The 12 iwi within the Hauraki Collective mandate their negotiators to act on the iwi’s behalf and negotiations begin shortly thereafter.
- Late 2013- late 2016 - Signing of the 'Agreement in Principles' (AIP)
- 2017 - Signing of the Hauraki Deed of Collective and Individual Settlement. First was in May 2017 with Ngati Hei and the Crown initialling a deed of settlement which is now with the claimant group for ratification. You can read more about the details here.
- Late 2017 - Act of Parliament -"Hauraki Settlement Legislation"