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Landmark agreement in Treaty settlement process
The signing of an agreement in principle to settle a large number of Te Arawa's Treaty of Waitangi historical claims is a milestone in New Zealand's Treaty settlement history.
The agreement in principle is not only significant in its own right, but also in the broader Treaty settlement framework, according to Bell Gully senior associate Damian Stone, who provided legal advice to the Te Arawa negotiation team.
"The agreement between the Crown and groups within Te Arawa, a confederation of major North Island tribes, seeks to settle the largest number of claims in one deal and also within the shortest timeframe to date. This signals what can be achieved within a relatively short timeframe even in the most complex of situations," he says.
The Crown and Nga Kaihautu o Te Arawa Executive Council (Te Arawa KEC) have signed an agreement in principle to settle the largest number of claims and covering the largest number of people of any settlement, concluded in the last six years.
The settlement package covers approximately 54 claims of the Te Arawa iwi and hapu represented by the Te Arawa KEC (which collectively comprise more than 20,000 people) and includes:
- financial and commercial redress totalling NZ$36 million, including the right to buy a significant area of Crown forest licensed land which in turn will enable access to additional cash of approximately NZ$16 million;
- a deferred selection mechanism which if fully utilised by Te Arawa KEC will allow the purchase of up to 49,000 hectares of land with an estimated value of approximately NZ$170 million;
- cultural redress including vesting of large sites of cultural and spiritual significance, and measures to protect cultural and historic interests into the future; and
- an historical account that recognises the breaches of the Treaty of Waitangi that occurred. A Crown apology will also be recorded in the final deed of settlement.
The Crown and Te Arawa KEC are now working towards completing a final Deed of Settlement, which will then go to member iwi and hapu for ratification.
The historical grievances relate to the operation of the Native Land Court, 19th Century land purchases by the Crown, Maori land administration in the 20th Century and public works and scenery preservation takings.
The Te Arawa KEC is advised by Bell Gully's Maori Services Team, which has provided and continues to provide legal advice in a significant number of Treaty settlement negotiations between the Crown and Maori claimant groups.
"Treaty settlements are political in nature, and the clear steer from all the major political parties is that Treaty settlements need to occur at a quicker pace," says Damian. "This deal illustrates that with the right approach, people and outlook, major settlement outcomes can in fact be achieved in a timely fashion, which is important not just for the claimants, but for the nation as well."
