Ngai Tahu Settlement
Doug Graham Treaty of Waitangi NegotiationsSECTION 15: SOUTH ISLAND LANDLESS NATIVES ACT
PREAMBLE
A. In 1886-87, a Royal Commission presided over by Judge
Alexander Mackay was appointed to review the outcomes for Ngai Tahu of the Kemp,
Murihiku and -takou purchases. Commissioner Mackay found that as a result of
these purchases and the other factors which were associated with the settlement
of Te Waipounamu (the South Island) by Europeans, Ngai Tahu as a tribe and as
individuals had been left without a sufficient land base to sustain
themselves.
B. In 1891, Mackay was again appointed as a Commissioner to
investigate the extent and effects of landlessness amongst Ngai Tahu. At that
time he reported that only 10% of the tribe had sufficient land to provide a
living. In 1892, following the reports of these Royal Commissions, and as a
result of findings of those reports the Crown agreed to make certain lands
available to Maori in the South Island. Judge Mackay and the Surveyor General,
Percy Smith, assisted by Tame Parata, were then appointed by the Crown to
compile a list of landless Maori from throughout the South Island and to assign
sections of land to them.
C. By 1905, the Commissioners had allocated 142,463 acres to
4,064 Maori. Among the allocations listed in the Appendices to the Journals of
the House of Representatives of New Zealand 1905 G-2 were 1,553 acres at
Wanaka-Hawea to 57 persons, 1,600 acres at Whakapoai to 38 persons, 7,392 acres
at Toitoi River on Rakiura (Stewart Island) to 181 persons and 9,340 acres at
Port Adventure, Rakiura (Stewart Island) to 308 persons. Of these blocks, only
Whakapoai was surveyed at that time.
D. The South Island Landless Natives Act 1906 provided for land
to be granted in accordance with Mackay and Smith's recommendations. However,
that Act was then repealed by the Native Lands Act 1909 before all of the grants
were fully implemented, and thereafter further implementation was
barred.
E. The Crown has accepted that there was an obligation on the
Crown to complete these transactions and that the failure by the Crown to
complete the transfer of those lands to the beneficial owners after 1906 was a
breach of the principles of the Treaty of Waitangi. As a consequence the Crown
has agreed to provide redress in respect of each of the following
claims.
15.1 DEFINITIONS
In this Section 15:
Adjoining Land in relation to:
(a) the Port Adventure Land, means Sections 8, 9 and 10, Block
I Lords River Survey District, State Forest Block II, Lords River Survey
District, Sections 3 and 4 Block IX, Paterson Survey District, Section 1 Block X
Paterson Survey District and Section 23 Block XI Paterson Survey District;
and
(b) the Toitoi Land, means the land described as Crown Land
Block III Lords River Survey District, Sections 1 in Blocks IV to VI, Lords
River Survey District, State Forest Block X Pegasus Survey District and Section
18, Block IX, Lords River Survey District;
Market Value means the current market value of the
relevant land at the time the question arises, determined by an independent
registered valuer appointed by the Crown and approved by the Representatives of
the Successors to a SILNA Land, or if they cannot agree on such appointment, the
current market value determined by an independent registered valuer appointed by
the President of the New Zealand Institute of Valuers (or his or her nominee),
or the value otherwise determined in a manner agreed by the Representatives of
the Successors to a SILNA Land and the Crown;
Minister means the Minister in Charge of Treaty of
Waitangi Negotiations;
Original Beneficiaries means the persons listed in the
Native Land Register compiled by Mackay and Smith and referred to in the
Appendix to the Journals of the House of Representatives of New Zealand 1905,
Volume III, G-2 in relation to the SILNA Lands, and, where the context requires,
means the Original Beneficiaries of one of the SILNA Lands;
Recording Officer has the meaning given to it in
regulation 2 of the Regulations;
Regulations means the Maori Assembled Owners Regulations
1995;
Representatives means those persons appointed as
representatives by the Successors to the SILNA Lands in accordance with
clause 15.7.3, and where the context requires, mean the Representatives
of the Successors to one of the SILNA Lands;
SILNA Lands means:
(a) the Hawea/Wanaka Land as defined in clause
15.2.1;
(b) the Whakapoai Land as defined in clause
15.3.1;
(c) the Port Adventure Land as defined in clause 15.4.1;
and
(d) the Toitoi Land as defined in clause
15.5.1,
and, where the context requires, SILNA Land means one of
those blocks of land;
Successor means any person entitled to succeed, pursuant
to clause 15.6.2, to the beneficial interest of an Original Beneficiary
in a SILNA Land, and where the context requires, means the Successors to one of
the SILNA Lands; and
Unallocated Land in relation to:
(a) the Port Adventure Land, means the unallocated portion of
that land, being 555 acres, more or less, which was set aside as a permanent
reserve for landless Maori in the South Island, but never allocated;
and
(b) the Toitoi Land, means the unallocated portion of that
land, being 365 acres, more or less, which was set aside as a permanent reserve
for landless Maori in the South Island, but never allocated.
15.2 CLAIM 14 (HAWEA/WANAKA)
Preamble
A. The substance of the claim to the Waitangi Tribunal was that
around 1,658 acres of land, now known as the Hawea/Wanaka block, which was set
aside at Manuhaea, or "the Neck", between Lakes Wanaka and Hawea as a permanent
reserve for 57 named individuals under the South Island Landless Natives Act
1906, was never in fact transferred to those owners.
B. The Waitangi Tribunal found that:
(i) although the land was set aside in compliance with the
South Island Landless Natives Act 1906, the land was not gazetted, never
surveyed and the title was never transferred to the persons entitled to benefit
from this allocation; and
(ii) this failure to allocate these lands served to exacerbate
the earlier Crown failure to set aside sufficient lands within the purchase
areas to give Ngai Tahu an economic base and was therefore a further
breach of the principles of the Treaty of Waitangi.
C. As the Hawea/Wanaka Land is no longer available for
allocation to the Successors, the Hawea/Wanaka Substitute Land is to be vested
in those Successors by way of substitution.
15.2.1 Property Descriptions
In this Section 15:
Hawea/Wanaka Land means the area of land described in
the Native Land Register compiled by Mackay and Smith referred to in the
Appendix to the Journals of the House of Representatives of New Zealand 1905,
Volume III, G-2 as 3"All that area containing by estimation 1658a, 2r, 22p
situated in the Mid-Wanaka Survey District, being part of run 338a bounded on
the south by run 338G, on the west by the brow of Lake Wanaka foreshore and on
the north east and east by other parts of Run 338a"; and
Hawea/Wanaka Substitute Land means the land described as
Otago Land District, Queenstown Lakes District Council, being Section 2 of 5,
Block XIV, Lower Wanaka Survey District. Part CT 367/52 as shown hatched on
Allocation Plan AS 237 (SO 24734).
15.2.2 Transfer of Property
Te Runanga and the Crown agree that the form of redress for the
Successors to the Hawea/Wanaka Land will be the vesting of the fee simple estate
in the Hawea/Wanaka Substitute Land in those Successors pursuant to clause
15.8.7.
15.2.3 Revocation of Hawea/Wanaka Substitute Land's
Current Reserve Status
The Crown agrees that the Settlement Legislation will provide
for:
(a) the vesting of the Hawea/Wanaka Substitute Land in the
Queenstown Lakes District Council as a plantation reserve to be cancelled,
notwithstanding section 27 of the Reserves Act 1977; and
(b) the revocation of the reservation and the classification of
the Hawea/Wanaka Substitute Land as a reserve for plantation purposes,
notwithstanding section 24 of the Reserves Act 1977,
on the Settlement Date.
15.3 CLAIM 33 (WHAKAPOAI)
Preamble
A. The substance of the claim to the Waitangi Tribunal was that
around 1,600 acres of land, now known as the Whakapoai block, which was set
aside at the southern end of the Heaphy Valley and the Gunner River Valley, east
of the Iwituaroa Range as a permanent reserve for 38 named individuals under the
South Island Landless Natives Act 1906, was never in fact transferred to those
owners.
B. The Waitangi Tribunal found that:
(i) although the land was allocated and surveyed off into
individual sections, it was not gazetted in compliance with the South Island
Landless Natives Act 1906 and title was never transferred to the persons
entitled to benefit from this allocation; and
(ii) the Crown's failure to reserve and grant title to the
allocated land was a breach of the principles of the Treaty of
Waitangi.
15.3.1 Property Descriptions
In this Section 15:
Whakapoai Land means the land described as Nelson Land
District, Buller District Council, 647.4974 hectares, more or less, being
Sections 1-7, 9-17, 19-28 and 31-33, Block I and Sections 1-4, 8 and 10-13,
Block V, Whakapoai Survey District (SO 6543). All New Zealand Gazette 1974 page
610 as shown on Allocation Plan AS 214 (SO 15493); and
Whakapoai Substitute Land means the area, or areas, of
land identified by the Crown and the Representatives of the Whakapoai Land in
accordance with clause 15.3.2(b)(i) in order to provide redress for Claim
33 (Whakapoai).
15.3.2 Forms of Redress Available
Te Runanga and the Crown agree that the Minister shall provide
the proposed form of redress set out in clause 15.3.2(a) unless the
Recording Officer of the meeting of the Successors to the Whakapoai Land held in
accordance with clause 15.7.1, informs the Minister that those Successors
have decided to adopt one of the alternative forms of redress set out in
clause 15.3.2(b)(i) and clause 15.3.2(b)(ii), in which case the
Minister shall provide the agreed alternate redress:
(a) the proposed form of redress is the vesting of the fee
simple estate in the Whakapoai Land in the Successors in the manner and with the
status decided upon by the Successors in accordance with clause 15.7.5,
with a lease-back to the Minister of Conservation on the terms set out in
Attachment 15.1, and with compensation to be paid to the Successors by
the Crown. The amount of such compensation will be the amount derived by
deducting the Market Value of the lessor's interest in the Whakapoai Land with
the lease upon it, from the Market Value of the Whakapoai Land without the
lease; or
(b) the alternative forms of redress are either:
(i) the vesting of the fee simple estate in the Whakapoai
Substitute Land, being:
" a suitable area, or areas, of land identified by the
Representatives and the Crown; and
" accepted by a meeting of the Successors reconvened in
accordance with clause 15.7.4,
in the Successors in the manner and with the status decided
upon by the Successors in accordance with clause 15.7.5; or
(ii) the provision of an alternative form of redress to those
set out above in clauses 15.3.2(a) and 15.3.2(b)(i), negotiated
and agreed to by the Representatives and the Crown, having particular regard to
the Market Value of the Whakapoai Land.
15.3.3 Determining the Suitability of the Whakapoai
Substitute Land
Te Runanga and the Crown agree that in determining the
suitability of an area, or areas, of land to be used as the Whakapoai Substitute
Land in accordance with clause 15.3.2(b)(i), the following matters will
be taken into consideration:
(a) the iwi of the Successors and their traditional
rohe;
(b) the location of the area, or areas, of land;
(c) the nature of the access to the area, or areas, of
land;
(d) the available or potential uses to which the area, or
areas, of land may be put;
(e) any other matters which the Crown and the Representatives
agree are relevant; and
(f) the Market Value of the area, or areas, of land proposed
for use as the Whakapoai Alternative Land should be approximately equal to the
Market Value of the Whakapoai Land without the lease.
15.4 CLAIM 92 (PORT ADVENTURE)
Preamble
A. The substance of the claim to the Waitangi Tribunal was that
around 10,000 acres of land, now known as the Port Adventure block, which was
set aside on Rakiura (Stewart Island) as a permanent reserve for named
individuals from Marlborough under the South Island Landless Natives Act 1906,
was never in fact transferred to those owners.
B. The Waitangi Tribunal found that:
(i) although the land was set aside and gazetted in compliance
with the South Island Landless Natives Act 1906, the land was never surveyed and
the title was never transferred to the persons entitled to benefit from this
allocation; and
(ii) the Crown's failure to reserve and grant title to the
allocated land was a breach of the principles of the Treaty of
Waitangi.
15.4.1 Property Description
In this Section 15, Port Adventure Land means the
land described as Southland Land District, Southland District Council, 4046.8564
hectares, more or less, being parts Blocks I and II Lords River and parts Blocks
IX, X and XI Paterson Survey Districts (Gaz Map 49A). Comprised in part New
Zealand Gazette 1908 page 151. Subject to unregistered allocations of beneficial
entitlements made by Judges Smith and MacKay (South Island Landless Natives Act
1906). Subject to survey as shown on Allocation Plan AS 195 (SO
12240).
15.4.2 Forms of Redress Available
Te Runanga and the Crown agree that the Minister shall provide
the proposed form of redress set out in clause 15.4.2(a) unless the
Recording Officer of the meeting of the Successors to the Port Adventure Land
held in accordance with clause 15.7.1, informs the Minister that those
Successors have decided to adopt one of the alternative forms of redress
set out in clause 15.4.2(b)(i) and clause 15.4.2(b)(ii), in which
case the Minister shall provide the agreed alternate redress:
(a) the proposed form of redress is the vesting of the fee
simple estate in the Port Adventure Land in the Successors in the manner and
with the status decided upon by the Successors in accordance with clause
15.7.5; or
(b) the alternative forms of redress are either:
(i) the negotiation of alternative boundaries to the Port
Adventure Land by the Representatives and the Crown so that:
" those boundaries fall along natural geographic lines so as to
facilitate the raising of title to the land with as little impact on the
environment as possible;
" the new boundaries make allowance for areas of high
conservation value; and
" the alteration of the boundaries is not detrimental to the
overall interests of either party,
and that, if the negotiated boundaries to the Port Adventure
Land are accepted by a meeting of the Successors reconvened in accordance with
clause 15.7.4, the Crown will:
" survey the redefined Port Adventure Land; and
" vest the fee simple estate in the redefined and surveyed Port
Adventure Land in the Successors in the manner and with the status decided upon
by the Successors in accordance with clause 15.7.5; or
(ii) the provision of an alternative form of redress to those
set out above in clauses 15.4.2(a) and 15.4.2(b)(i), negotiated
and agreed to by the Representatives and the Crown, having particular regard to
the Market Value of the Port Adventure Land as if it were surveyed.