Heads of agreement between Crown and Te Uri o HauDoug Graham Treaty Settlements
Te Uri o Hau is a Northland hapu of Ngati Whatua whose rohe is located in the Northern Kaipara region (see attached map). Te Uri o Hau has approximately 6000 members.
An account of the historical background agreed between the Crown and Te Uri o Hau is included in the Heads of Agreement. A summary of this is included in the attached material. The claim relates in general terms to alleged breaches by the Crown of its obligations under the Treaty of Waitangi in relation to land purchases prior to 1840, Crown land purchases, the operation of the Native Land Court, and land administration structures and practices in the 20th century.
Negotiations on a settlement package with Te Uri o Hau began in August 1999. The Heads of Agreement signed today is an agreement in principle and not legally binding. The Heads of Agreement records the main components of the settlement. After further discussion with Te Uri o Hau on the details of the settlement provisions there will be a formal Crown offer to Te Uri o Hau. This offer will then be put to Te Uri o Hau members for their consideration. If they ratify the formal Crown offer, the two parties will then sign a binding Deed of Settlement conditional only on the approval of Parliament to the settlement legislation.
Te Uri o Hau was represented in negotiations by its mandated negotiators Sir Graham Latimer, Morehu Kena, Jimmy Connelly, Harry Pomare, Russell Kemp, Rawson Wright and Tapihana Shelford (Minister). The Office of Treaty Settlements headed by Ross Philipson, with the support of Treasury, Ministry of Fisheries and the Department of Conservation, represented the Crown in day to day negotiations. The Minister in Charge of Treaty of Waitangi Negotiations Sir Douglas Graham chaired the Ministerial group that represented the Crown in high level negotiations with Te Uri o Hau.
Summary of Historical Background to the Claims by Te Uri o Hau.
Crown Policy - Crown Purchases and Native Land Laws
The Crown has accepted that it had a duty under the Treaty of Waitangi to
Ensure European settlement occurred in an orderly fashion,
Respect Maori preferences concerning land ownership,
Act in the utmost good faith toward Maori,
Ensure Maori retained sufficient land for sustenance and growth.
And, that the alienation of Maori land and the operation and impact of the native land laws had a number of consequences, including
a significant loss of land by some Maori communities, with some becoming virtually landless,
The removal of a key resource, contributing to a breakdown of Maori communities and hindering their effective participation in society,
Community dispersal, resulting from the fragmentation of land ownership.
Te Uri o Hau's Claims
The specific claims made by Te Uri o Hau concern the actions of the Crown in reviewing land purchases prior to 1840, Crown purchases prior to 1865, the operations of the Native Land Court in the 19th century and land administration structures and practices in the 20th century.
In 1842 the Chiefs of Te Uri o Hau and Ngapuhi ceded to the Crown between 2,200 and 3000 hectares as punishment for Maori action against a storekeeper believed to have desecrated an urupa and removed human remains. No payment was made for the land.
Crown purchases between 1854 and 1865 saw 110,000 hectares alienated from Te Uri o Hau, around 60% of the hapu's total land holdings in the Otamatea and Pouto areas. Only three reserves were established following these purchases and, of those, two were alienated soon after.
Te Uri o Hau also believe the operation of the Native Land Court in Te Uri o Hau's rohe was prejudicial to Maori land owners wishing to retain their land. Reserves set aside following sales often included wahi tapu, but were inadequately protected from alienation in spite of their owners' wishes. A Validation Court was employed in the area that sought to 'validate' incomplete dealings in Maori land. A disputed sale of 815 hectares was resolved in favour of purchasers and against the wishes of Te Uri o Hau.
Taonga were also removed from wahi tapu in the Wairoa-Kaipara District and the Pouto Peninsula without permission prior to enactment of legislation aimed at protecting taonga in 1901.
In the 20th century Te Uri o Hau believe they were disadvantaged by land administration structures and practices that saw some Te Uri o Hau land owners retain few legal powers over their own property. Land development schemes in operation during this century also saw further alienation and produced results that fell well below the land owners' expectations.
Heads of Agreement - Te Uri o Hau
The Te Uri o Hau Heads of Agreement is made up of a package that includes;
An agreed historical account which forms the basis for a Crown Apology to Te Uri o Hau.
Only Crown assets are involved in the redress offered to Te Uri o Hau, except for a .5ha site (the location of Whakahuranga Pa) purchased from a private owner on a willing seller/willing buyer basis that will be transferred to Te Uri o Hau.
The benefits of the settlement will be available to all members of Te Uri o Hau wherever they may live.
The Crown's apology to Te Uri o Hau will cover the actions and omissions of the Crown in relation to validation of land purchases prior to 1840, Crown purchases before 1865, the operation of the Native Land Court, and the impact of land administration structures and practices in the 20th century.
Restoration of Te Uri o Hau access to traditional foods and food gathering areas, including
1(a). Customary Fisheries
Te Uri o Hau will be appointed as an Advisory Committee to the Minister of Food, Fibre Biosecurity and Border Control. This Committee will provide advice on the management of fisheries in the Te Uri o Hau rohe, including the customary interest of Te Uri o Hau in those fisheries generally and the shark, ray, flounder, snapper, kahawai and mullet fisheries in particular.
Other provisions include
The Ministry of Fisheries will consult with Te Uri o Hau and safeguard Te Uri o Hau's existing customary fishing rights if the numbers of toheroa, rise to levels that make a commercial catch possible.
A Right of First Refusal to buy a proportion of surplus Crown quota for surf clams, tuatua, paddlecrab and toheroa in the quota management area covering Te Uri o Hau's rohe if these species become part of the quota management system.
A commitment by the Crown to consult with Te Uri o Hau should they propose to include the Pouto Lakes eel fisheries within the application of the Fisheries (Kaimoana Customary Fishing) Regulations.
A commitment to consider restrictions on certain eel fishing methods in the Pouto Lakes
An agreement by the Crown to make regulations defining the existing oyster reserves (established as a reserve exclusive to Te Uri o Hau in 1913), and provide for a management structure nominated by Te Uri o Hau to manage the reserves.
1(b). Camping licences or Nohoanga.
This is an area of up to one hectare near a waterway that gives access to traditional sources of food. Te Uri o Hau members will have the right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year.
Three licences are being offered and will be located in the Pouto Stewardship Area.
Recognition of Te Uri o Hau's traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within their rohe. This allows Te Uri o Hau and the Crown to protect and enhance the conservation values associated with these areas and sites and includes
2(a). Statutory Acknowledgements
These register the special association Te Uri o Hau has with an area and will be included in the settlement legislation. They are recognised under the Resource Management Act and the Historic Places Act.
There are to be five such acknowledgements;
The Mangawhai Marginal Strip, Oruawharo River Stewardship Area, the Pouto Stewardship Area, the Pukekararo Scenic Reserve, the Kaipara Harbour and the Mangawhai Harbour.
2(b). Deeds of Recognition
Obliges the Crown to consult Te Uri o Hau and have regard for its views regarding Te Uri o Hau's special association with a site and specifies the nature of Te Uri o Hau's input into management of those areas by the Department of Conservation.
There will be four Deeds covering the Mangawhai Marginal Strip, the Oruawharo River Stewardship Area, the Pukekararo Scenic Reserve and the Pouto Stewardship Area.
2 (c) Special Areas or Kirihipi
This is an additional status for some existing conservation areas which acknowledges Te Uri o Hau's traditional, cultural, spiritual and historic values and associations.
Special Area status requires the Minister of Conservation and Te Uri o Hau to develop and publicise a set of principles which will assist the Minister to avoid harming or diminishing Te Uri o Hau values in each of the Special Areas. The NZ Conservation Authority and Northland Conservation Board will also be required to have regard to the principles and consult with Te Uri o Hau. (It is the same concept as a Topuni in the Ngai Tahu settlement and Nga Poipoia o Ruanui in the Ngati Ruanui Heads of Agreement.)
There are two such areas proposed for the Te Uri o Hau rohe; the Tapora Government Purpose (Wildlife Management) Reserve and the Pouto Stewardship Area.
2(d). Protocols with Government Departments and Third Parties
The Heads of Agreement provides for the establishment of protocols to develop good working relationships between Te Uri o Hau and the Ministry of Fisheries, the Ministry of Commerce, the Department of Conservation and the Ministry of Culture and Heritage on cultural matters of importance to Te Uri o Hau.
The protocols with Government departments will be developed in detail between the signing of a Heads of Agreement and the final Deed of Settlement.
The Crown has also agreed to encourage the development of memoranda of understanding between Te Uri o Hau and the Kaipara District Council, the Rodney District Council, the Northland Regional Council and the Auckland Regional Council.
A total of 5 existing place names will, in future, also have an official Maori name. These are; Whakapirau Point/ Rocky Point, Lake Karoro/Lake Mathews, Puke pohatu/Bald Rock, Pou Tu O Te Rangi/ Mt Wesley.
In addition, Maungaturoto Scenic Reserve will be renamed the Pukeareinga Scenic Reserve, Tapu Bush will also be known as Whakapaingarara, the name of Waikere Creek will be changed to Waikeri Creek, and the Tapora Government Purpose (Wildlife Management) Reserve will be known as Manukapua Wildlife Reserve.
Nine sites not currently named will receive official names.
Te Uri o Hau will also be notified by the New Zealand Geographic Board about future name proposals in their rohe.
2(f). Sites Transferred to Te Uri o Hau
Nine areas of special significance to Te Uri o Hau will be returned to them. A variety of arrangements are being entered into to ensure ongoing protection of values associated with these areas, where appropriate.
These include; an urupa which is currently part of the Pukekaroro Scenic Reserve, that part of the Whakahuranga Pa site in the Oruawharo River Stewardship Area, that part of the Humuhumu Lake Bed not already owned by members of Te Uri o Hau, an ancestral burial site in the Pouto North Stewardship Area, the Whakapirau Cliffs which are part of the Rocky Point Marginal Strip, the Horokako Stewardship Area, 0.6 hectares at the Pouto Road End, wahi tapu sites in the Pouto Forest, a pa site on an Historic Reserve in Dargaville and a site in the Okahukura Stewardship Area. A total of approximately 30 hectares is involved.
The Crown has also agreed to discuss with the Kaipara District Council transferring the management of an Historic Reserve in Dargaville from the Council to Te Uri o Hau. The Reserve is the site of the pa of Te Uri o Hau's eponymous ancestor, Haumoewaarangi.
This redress recognises the economic loss suffered by Te Uri o Hau arising from breaches by the Crown of its Treaty obligations. It is aimed at providing Te Uri o Hau with resources to assist it to develop its economic and social well being. It includes;
The return of certain Crown or SOE owned lands as selected by Te Uri o Hau up to a value of $15.25 million or a combination of land and cash. Among the properties from which Te Uri o Hau may select are two Crown Forests. The accumulated rentals from these forests will also be available should they be selected for purchase.
Right of First Refusal - Te Uri o Hau will also have, for a period of 50 years, a Right of First Refusal to buy, at full market value, any properties in the Te Uri o Hau rohe currently owned by the Crown which become surplus.