Deed of settlement initialled with Tāmaki Collective

The Crown today initialled a deed of settlement to collectively settle the historical claims of 13 iwi and hapū 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 hapū groups, which have been negotiating as the Tāmaki 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 Tāmaki 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 Tāmaki 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 Tāmaki 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 Tāmaki Makaurau area.

The iwi and hapū that make up the Tāmaki Collective are Ngāi Tai ki Tāmaki, Ngāti Maru, Ngāti Pāoa, Ngāti Tamaoho, Ngāti Tamaterā, Ngāti Te Ata, Ngāti Whanaunga, Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei, Te Ākitai, Te Kawerau ā Maki, Te Patukirikiri and Te Runanga o Ngāti Whātua. Ngāi Tai ki Tāmaki did not initial the deed today. The collective deed of settlement will form part of each iwi and hapū’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

Tāmaki Makaurau Collective Deed of Settlement – Q & A

1. Who are the members of the Tāmaki Collective/Ngā Mana Whenua o Tāmaki Makaurau?
Ngāi Tai ki Tāmaki, Ngāti Maru, Ngāti Pāoa, Ngāti Tamaoho, Ngāti Tamaterā, Ngāti Te Ata, Ngāti Whanaunga, Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei, Te Ākitai Waiohua, Te Kawerau ā Maki, Te Patukirikiri, Te Rūnanga o Ngāti Whātua.

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

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

3. Why is a Collective Deed necessary?
The collective approach recognises that the iwi/hapū 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/hapū 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 Tāmaki Makaurau Collective Deed provides cultural and commercial redress for the shared interests of the 13 mana whenua iwi/hapū in Tāmaki Makaurau.

Maunga/Volcanic cones

In summary, 14 volcanic cones (maunga) currently owned by the Crown will be vested in the Tāmaki Collective. The maunga will be held in trust for the common benefit of the iwi/hapū of Tāmaki 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 Tāmaki Collective and the Auckland Council for the benefit of all Aucklanders and the mana whenua, through a new body called the Tūpuna Maunga o Tāmaki Makaurau Authority. Auckland Council will continue to have responsibility for the day-to-day management of the maunga.

The maunga are:

Matukutūruru/Wiri Mountain
Maungakiekie/One Tree Hill
Maungauika/North Head
Maungarei/Mount Wellington
Maungawhau/Mount Eden
Mount Albert
Mount Roskill
Mount St John
Ōhinerau/Mount Hobson,
Ōhuiarangi/Pigeon Mountain
Ōtāhuhu/Mount Richmond
Rarotonga/Mount Smart
Takarunga/Mount Victoria
Te Tātua 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 Māngere 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 Tāmaki 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/hapū 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 Ngā Mana Whenua o Tāmaki 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 Tāmaki Collective will receive a right of first refusal over Crown land in the Tāmaki Makaurau region. If and when the Crown decides to dispose of this land it must first offer it to the Tāmaki 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 Matukutūruru/Wiri to also be vested in the Tāmaki Collective. Matukutūruru/Wiri will be included in the co-governance arrangements between the Tāmaki 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 Māngere 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/hapū of Tāmaki Makaurau. Vesting them in the Tāmaki 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 Tāmaki 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 Tāmaki 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 Tāmaki Makaurau Collective settlement. The members of the Tāmaki 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 Tāmaki 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 Ngāti Manuhiri, Ngāti Whātua Ōrākei and Ngāti Whātua o Kaipara. Settlement legislation for Ngāti Manuhiri and Ngāti Whātua Ōrākei is currently being considered by the Māori Affairs Committee. Settlement legislation for Ngāti Whātua o Kaipara is expected to be introduced shortly.

Iwi-specific negotiations are underway with 18 iwi/hapū 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.