| Progress of Claims
Last updated 10 December 2009
Progress in historical Treaty settlement negotiations is best measured by the number of claimant groups moving towards settlement of all their claims, rather than by how many Waitangi Tribunal claims have been settled or are being addressed in negotiations. Under the Treaty of Waitangi Act, any Maori may lodge a claim with the Waitangi Tribunal and many separate claims may be lodged by individuals from the same tribal group, or a closely related group. The number of registered claims therefore gives an inflated picture of how many settlements will be required. Settlements are currently occurring at a rate of about one every six months.
Instead of negotiating individual claims, the Government prefers that settlements are concluded with large natural groupings of claimants for all their historical claims (eg all the claims of a large tribe, or all the claims of a cluster of smaller tribes). Each settlement will usually cover multiple Tribunal claims, as well as any claims that have not been specifically registered. Therefore, the number of settlements required depends more on the degree to which claimants can come together as well-mandated large natural groups for negotiations, rather than how many claims have been registered.
Below, we describe how far various claimant groups have moved through the settlement process.
PRE-NEGOTIATIONS
A number of groups are currently discussing mandating and Terms of Negotiation with the Crown, have had their mandate conditionally recognised or have signed Terms of Negotiation conditional on approval of their mandate.
NEGOTIATIONS
Claimant groups in this stage have signed Terms of Negotiation and are negotiating with the Crown the basic elements of a settlement such as the nature of the historical account and cultural and commercial redress. The culmination of this stage is the signing of a Heads of Agreement or an Agreement in Principle, which will include a proposed financial quantum of the settlement. Sometimes progress may slow or stall for groups in negotiation because of internal representation issues, cross-claims made by other tribes, or disagreements between the Crown and claimants on the appropriate level of redress.
Negotiations towards Agreements in Principle are proceeding with the following claimant groups:
Ngati Ranginui
Nga Puna Wai O Te Tokotoru (Tapuika/Ngati Rangiwewehi/Ngati Rangiteaorere)
Te Kawerau a Maki
Ngai Tuhoe
Ngati Raukawa
Ngati Whatua o Kaipara
Moriori
Whanganui Iwi - Whanganui River
DETAILED NEGOTIATIONS
Once a Heads of Agreement or Agreement-in-Principle has been reached, the Crown and the claimants work on the fine detail of the settlement to agree a draft Deed of Settlement that can be put to the claimant community for ratification. Although the essential elements of redress have been agreed, this stage can also be protracted if there is a need to resolve outstanding issues relating to internal representation or to cross-claims from other tribes.
Heads of Agreements or Agreements in Principle have been reached for the following claimant groups (quantum offers shown in brackets):
Ngati Whatua o Orakei ($18 million)
Te Kawerau a Maki ($6.5 million)
Ngati Porou ($90 million)
Tainui Taranaki ki te Tonga ($35 million)
Kurahaupō Ki Te Waipounamu ($30.65 million)
Ngāti Toa Rangatira ($40 million)
Ngāti Makino ($6.5 million)
Waitaha ($7.5 million)
Ngāti Pahauwera ($20 million)
Ngāti Kahu ($14 million plus $7.5 million social revitalisation funding)
Tūranganui-a-Kiwa (Ngai Tamanuhiri, Te Pou a Haokai and Rongowhakaata) ($59 million)
Ngatikahu ki Whangaroa (return of Stony Creek Station)
Te Rarawa ($20 million)
Te Aupouri ($12 million)
Rangitaane o Manawatu ($8.5 million)
DEED OF SETTLEMENT
The draft Deed of Settlement containing the fine detail of a settlement is initialled by the Crown and the claimant negotiators. The initialled Deed is then put to all members of the claimant group for ratification. If it is ratified, a final Deed of Settlement will be drawn up and signed by the parties. At this point, the settlement becomes binding. Further work is still required to make the Deed unconditional, such as establishing a governance entity to receive the settlement assets, and enacting any legislation required to implement the settlement. Settlement assets are not transferred until the Deed is unconditional, but the Crown pays interest on the settlement quantum in the meantime.
The following groups have reached Deeds of Settlement and are now awaiting settlement legislation for the Deeds to become unconditional:
Waikato-Tainui (river claims)
Ngati Manawa
Ngati Whare
Ngāti Apa (North Island) ($16 million)
COMPLETED SETTLEMENTS
Taranaki Whanui ki Te Upoko o Te Ika
Redress Amount $25 million
Year of Deed: 2008
Year of Legislation: 2009
Central North Island Forests Iwi Collective
Redress Amount $161 million (on account against comprehensive settlements with members of the Collective)
Year of Deed: 2008
Year of Legislation: 2008
Affiliate Te Arawa Iwi and Hapu
Redress Amount $38.6 million
Year of Deed: 2006, revised 2008
Year of Legislation: 2008
Te Roroa
Redress Amount $9.5 million
Year of Deed: 2005
Year of Legislation): 2008
Ngati Mutunga
Redress Amount $14.9 million
Year of Deed 2005
Year of Legislation 2006
Te Arawa (Lakes)
Redress Amount $2.7 million (plus $7.3 million to capitalise the annuity Te Arawa received from the Crown and address any remaining annuity issues)
Year of Deed 2004
Year of Legislation 2006
Ngaa Rauru Kiitahi
Redress Amount $31 million
Year of Deed 2003
Year of Legislation 2005
Tuwharetoa (Bay of Plenty)
Redress Amount $10.5 million
Year of Deed 2003
Year of Legislation 2005
Ngati Awa
Redress Amount $42.39 million
Year of Deed 2003
Year of Legislation 2005
Ngati Tama
Redress Amount $14.5 million
Year of Deed 2001
Year of Legislation 2003
Ngati Ruanui
Redress Amount $41,000,000
Year of Deed 2001
Year of Legislation 2003
Te Uri o Hau
Redress Amount $15,600,000
Year of Deed 2000
Year of Legislation 2002
Pouakani
Redress Amount $2,650,000
Year of Deed 1999
Year of Legislation 2000
Ngati Turangitukua
Redress Amount $5,000,000
Year of Deed 1998
Year of Legislation 1999
Ngai Tahu
Redress Amount $170,000,000
Year of Deed 1997
Year of Legislation 1998
Te Maunga
Redress Amount $129,032
Year of Deed 1996
Rotoma
Redress Amount $43,931
Year of Deed 1996
Waimakuku
Redress Amount $375,000
Year of Deed 1995
Waikato/Tainui raupatu
Redress Amount $170,000,000
Year of Deed 1995
Year of Legislation 1995
Ngati Whakaue
Redress Amount $5,210,000
Year of Deed 1994
Hauai
Redress Amount $715,682
Year of Deed 1993
Ngati Rangiteaorere
Redress Amount $760,000
Year of Deed 1993
Commercial Fisheries
Redress Amount $170,000,000
Year of Deed 1992
Year of Legislation 1992
Waitomo
The Crown transferred land at the Waitomo Caves to the claimant group, subject to a lease, and provided a loan $1,000,000.
Year of Deed 1989
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