We acknowledge Wai312, a claim by Takutai Wikiriwhi and others on behalf of the whānau and hapū of Rēweti, Haranui, Araparēra, Puatahi, and Kakanui Marae
The Crown and Ngāti Whātua o Kaipara signed a Deed of Settlement on 9 September 2011 at Aotea/Shelly Beach.
The Ngāti Whātua o Kaipara Deed of Settlement is the final settlement of all historical Treaty of Waitangi claims of Ngāti Whātua o Kaipara resulting from acts or omissions by the Crown prior to 21 September 1992, and is made up of a package that includes:
No private land is affected by the redress, only Crown land.
The benefits of the settlement will be available to all members of Ngāti Whātua o Kaipara, wherever they live.
The deed contains a comprehensive series of acknowledgements by the Crown where its actions arising from interaction with Ngāti Whātua o Kaipara have breached the Treaty of Waitangi and its principles.
The Crown apologises to Ngāti Whātua o Kaipara for its acts and omissions which have breached the Crown’s obligations under the Treaty of Waitangi. These include an apology for Crown actions which have resulted in the virtual landlessness of Ngāti Whātua o Kaipara, which has had devastating consequences for the social, cultural, economic, spiritual and physical well being of Ngāti Whātua o Kaipara that continue to be felt today.
The apology records that the Crown intends to improve and strengthen its historically close relationship with Ngāti Whātua o Kaipara based on the Treaty of Waitangi and its principles so as to create a solid foundation for the future.
ecognition of the traditional, historical, cultural and spiritual association of Ngāti Whātua o Kaipara with places and sites owned by the Crown within their area of interest. This allows Ngāti Whātua o Kaipara and the Crown to protect and enhance their conservation values associated with these sites, and includes:
The settlement vests nine sites in Ngāti Whātua o Kaipara totalling approximately 675 hectares, subject to specific conditions including protection of public access and conservation values:
Joint vesting of Parakai Recreation Reserve
Parakai Recreation Reserve (approximately 18.4 hectares) will vest, in trust, jointly in Ngāti Whātua o Kaipara and the Auckland Council. A board, the Parakai Recreation Reserve Board, will be established to administer the reserve. The reserve status will continue and public access will be maintained.
A Statutory Acknowledgement recognises the special association between Ngāti Whātua o Kaipara and a particular site and enhances Ngāti Whātua o Kaipara’s ability to participate in specified Resource Management Act processes.
The settlement provides Statutory Acknowledgements over:
The Deed does not provide for cultural redress in relation to Kaipara Harbour, as that is to be developed in negotiations with the Crown that will include Ngāti Whātua o Kaipara at a future date.
Te Kawenata Taiao o Ngāti Whātua o Kaipara (a Co-management Agreement) will be entered into on settlement between the Department of Conservation and Ngā Maunga Whakahii o Kaipara Development Trust. Te Kawenata Taiao o Ngāti Whātua o Kaipara provides a framework for how Ngāti Whātua o Kaipara and the Department of Conservation will establish and maintain a positive and enduring partnership regarding public conservation land within the Ngāti Whātua o Kaipara area of interest.
The Deed of Settlement also provides for a protocol regarding the interaction between Ngāti Whātua o Kaipara and the Ministry for Culture and Heritage and letter of recognition issued by the Director-General of the Ministry of Agriculture and Forestry.
The settlement provides for the Minister for Treaty of Waitangi Negotiations to write to certain Ministers/Crown agencies, organisations, and the Auckland Council introducing the trustees of Ngā Maunga Whakahii o Kaipara Development Trust.
Six existing geographic names will change and nine sites which do not currently have official names will be assigned geographic names.
This redress recognises the economic loss suffered by Ngāti Whātua o Kaipara arising from breaches by the Crown of its Treaty obligations. The financial and commercial redress is aimed at providing Ngāti Whātua o Kaipara with resources to assist them to develop their economic and social well-being. It includes:
Ngāti Whātua o Kaipara will receive financial redress to the value of $22.1 million plus interest through their settlement.
Ngāti Whātua o Kaipara will purchase at market value:
• Woodhill Forest (Crown Forest Licensed land), which is subject to the forest licence, and will receive the accumulated rentals;
• the land under Kaipara College, Kaukapakapa School, Parakai School, Tauhoa School, Waimauku School and Woodhill School, which will all be leased back to the Crown; and
• properties at 8, 16 and 20 Old Woodcocks Rd, Kaipara Flats.
The Deed of Settlement provides for Ngāti Whātua o Kaipara to purchase available selection units of Riverhead Forest (Crown Forest Licence land) up to a value of approximately $6.4 million following notification from the Crown and for Ngāti Whātua o Kaipara to have a non-exclusive deferred selection right to purchase the Paremoremo Housing Block.
Right of first refusal
Ngāti Whātua o Kaipara will receive:
• exclusive right of first refusal redress for 169 years over surplus Crown owned properties in the area and list specified in the Deed;
• non-exclusive right of first refusal redress for 169 years over surplus Crown owned properties listed in the Deed; and
• non-exclusive right to first refusal redress for 170 years over Paremoremo Prison.
Ten Acre Block
In 1864, Te Otene Kikokiko, of Te Tao Ū, gifted to the Crown a ten acre block of land in Te Awaroa for public purposes on the condition that the land be returned if it was no longer required for those purposes. The Crown alienated parts of the block to private parties rather than returning it to Ngāti Whātua when it was no longer required for public services. Accordingly, two sites from within the Ten Acre Block will be returned to Ngāti Whātua o Kaipara:
• Ten Acre Block Recreation Reserve as a reserve (approximately 0.02 hectares) as cultural redress; and
• 24 Commercial Road, Helensville under the terms of the Crown’s gifted lands policy.
The Deed of Settlement recognises the Ngā Maunga Whakahii o Kaipara Trusts as the appropriate bodies to receive land from the Ten Acre Block.
A deed amending some details of the Ngāti Whātua o Kaipara Deed of Settlement was later signed by the Minister and Trustees of the time and can be read here;
The full Claims Settlement Act can be read here;