Deed of Settlement between the Crown and Ngati Ruanui 5/5

Questions and Answers

1. What is the total cost to the Crown?
   
   $41 million plus interest from the date of the signing of the Deed of
   Settlement plus the minimal cost of the land returned under 1 (f).
2. Is there any private land involved?
   
   No
3. Are the public's rights affected?
   
   Generally, no, but
   • Camping licence sites or Ukaipo, which are similar to other concessions
     granted by the Department of Conservation, will be for the exclusive use of
     Ngati Ruanui for up to 210 days a year. Each site is up to 1 hectare in size and
     there are a total of 2 sites. This does not affect public access to waterways.
   • Approximately 10 hectares of land currently protected under conservation
     legislation will be transferred to Ngati Ruanui.
4. What is a Camping licence or Ukaipo?
   
   It is a licence to occupy temporarily a piece of land of up to one hectare
   near a traditional Ngati Ruanui food gathering area. It is set back from the
   marginal strip and does not impede public access to or along a waterway. It is
   the same concept as a Nohoanga in the Ngai Tahu settlement.
5. What is a Special Area or Taki Poipoiia o Ngati Ruanui?
   
   A Special Area classification recognises the cultural, spiritual and
   historical values of a site or area. It gives Ngati Ruanui the right to be
   consulted in the management of an area or site but does not override existing
   classifications or protections, such as National Park status. It is the same
   concept as a Topuni in the Ngai Tahu settlement.
6. What are Statutory Acknowledgements?
   
   These acknowledge areas or sites with which Maori communities have a special
   relationship and will be recognized in any proceedings in relation to those
   areas under the Resource Management Act. This provision aims to avoid past
   problems with land development for roading and other purposes when areas of
   significance to Maori, such as burial grounds, were simply cleared or excavated
   without either permission or consultation. It is not a specific property right.

   A Deed of Recognition sets out an agreement between the administering
   Crown body (The Minister of Conservation or the Commissioner of Crown Lands) and
   a Maori community, that recognises the community's special association with a
   site as stated in a Statutory Acknowledgement and specifies the nature of their
   input into the management of the site.

7. Are any place names changed?
   
   One existing place name will be changed (Mangimangi Stream to Mangemange
   Stream) and three sites currently without names will receive them (Whitikau,
   Maraeroa and Te Ramanui).
8. What about Mt Taranaki?
   
   Because of the significance of the mountain to all iwi of Taranaki, the
   question of an apology and redress for the unjust confiscation of the mountain
   and any other breaches is to be deferred until all iwi are in a position to
   negotiate. Redress in relation to the mountain will consist of an apology and
   cultural redress. No further financial or commercial redress will be involved.
9. Are any National Parks affected in the Settlement?
   
   No.
10. What happens to memorials on private titles?
    
    The settlement will remove the legislative restrictions (memorials) placed on
    the title of State Owned Enterprise properties and some State Owned Enterprise
    properties now in private ownership.
11. Does Ngati Raunui gain any rights to petroleum under the
    settlement?
    
    The Deed of Settlement settles all of Ngati Ruanui's historical claims
    against the Crown, including any historical claims regarding petroleum. The Deed
    does not preclude Ngati Ruanui from participating in any future changes to the
    petroleum management regime to recognise the Crown's contemporary obligations to
    Maori under the Treaty regarding natural resources.
12. Will there be separate settlements for Tangahoe and Pakakohi?
    
    Tangahoe and Pakakohi are generally considered to be groups within Ngati
    Ruanui and their claims are covered by the Deed of Settlement.
13. Does the Settlement create any special rights for Ngati Ruanui?
    
    No new rights are being created. Provisions in relation to conservation, such
    as Statutory Acknowledgements and Special Areas, give practical effect to
    existing provisions of both the Resource Management Act - section 6 - and the
    Conservation Act - section 4 - which provide for Maori participation in
    conservation and planning matters.
14. Does Ngati Ruanui have the right to come back and make further claims about
    the behaviour of the Crown in the 19th and 20th Centuries?
    
    No. Both parties agree the Deed of Settlement is a fair and final settlement
    for all Ngati Ruanui's historical or pre 1992 claims in the Taranaki area. The
    settlement will prevent Ngati Ruanui from re-litigating the claim before the
    Waitangi Tribunal or the courts.

    The settlement package will still allow Ngati Ruanui or members of Ngati
    Ruanui to pursue claims against the Crown for acts or omissions after 21
    September 1992, including claims based on the continued existence of aboriginal
    title or customary rights. The Crown also retains the right to dispute such
    claims or the existence of such title rights.

15. What about the Taranaki Claims Settlement Act of 1944? Wasn't that
    final?
    
    The settlement of 1944 was made unilaterally, without agreement with Ngati
    Ruanui. The iwi of Taranaki have never regarded the 1944 Act as adequate redress
    for Treaty breaches. The Crown also accepts that compensation under the Act was
    inadequate.
16. Who benefits from the settlement?
    
    All members of Ngati Ruanui, wherever they may now live.