Summary of the Supplementary Agreement between Ngāti Whātua o Ōrākei and the Crown
Background to the Supplementary Agreement
Following the signing of the 2006 Agreement in Principle (AIP) between Ngati Whatua o Orakei and the Crown, claims were lodged with the Waitangi Tribunal challenging the exclusive redress provided to Ngāti Whātua o Ōrākei. In particular, concerns were expressed regarding exclusive transfer of maunga and rights of first refusal over core Crown land in central Auckland.
In response to these challenges, the Waitangi Tribunal recommended that Ngāti Whātua o Ōrākei’s AIP not proceed until the Crown had negotiated with all tangata whenua groups with interests in Tāmaki Makaurau.
In June 2009, Sir Douglas Graham presented a settlement proposal to all iwi in Tamaki Maukaurau, Kaipara and Hauraki-Coromandel. The proposal set out the broad parameters of a Crown offer to settle each of their Treaty claims in a comprehensive manner.
Summary of the Supplementary Agreement between Ngati Whatua o Orakei and the Crown
Cultural Redress
Under the 2006 AIP, Ngāti Whātua o Ōrākei was offered the transfer of Pūrewa Creek Conservation Area subject to recreation reserve status to be administered by a joint Ngati Whatua-local council body. The 2010 supplementary agreement confirms this transfer.
The exclusive owernship of three maunga – Maungakiekie, Maungawhau and Puketapapa – was provided for in the 2006 AIP but has now changed under the 2010 supplementary agreement. Instead of exclusive ownership of the three maunga, Ngati Whatua o Orakei will be part of a collective of 12 iwi/hapu from the Auckland region that will have ownership of 11 maunga in the region. The group will be called Ngā Mana Whenua o Tāmaki Makaurau and under the Framework Agreement it is that group that will sign with the Crown for the return of those maunga.
This agreement was hard fought and in the end the negotiating team believed that all of the benefits Ngati Whatua o Orakei was seeking in terms of the protection of Maungakiekie, Maungawhau and Puketapapa could be achieved with this collective structure. It also creates the opportunity to manage the whole volcanic cone field as one significant site and put in place recognition and protection at a much higher level than these maunga presently have.
Financial and Commercial Redress
The financial and commercial redress package is made up of:
Quantum and Interest
Ngāti Whātua o Ōrākei will receive $16 million (that is $18m less an on-account amount of $2m from our previous 1993 Railway settlement with the Crown) plus non-compounding interest on quantum from the date the agreement is signed to Settlement Date. Note that the on-account deduction of $2m was present in our previous 2006 AIP as well.
Commercial Properties for Purchase and Leaseback
Ngāti Whatua o Ōrākei is offered a right to purchase and lease back up to $80 million of New Zealand Defence Force (NZDF) blocks of residential land on the North Shore, subject to commercial terms mutually agreed to by the parties. The commercial terms of the transfer and leaseback arrangements are to be determined between the NZDF and Ngāti Whātua o Ōrākei by 30 June 2010. Similar to 2006 we propose to use our $16m quantum plus interest as a deposit to acquire this land.
We have an option to purchase some other properties in the North Shore or Auckland Cities, as well as Ministry of Education sites and Mt Eden Prison land, should we not be satisfied with final negotiations on the NZDF blocks of residential North Shore land, referred to in the previous paragraph.
Right of First Refusal
The settlement will provide Ngāti Whātua o Ōrākei, through Ngā Mana Whenua o Tāmaki Maukaurau, a shared right of first refusal for 170 years from the settlement date over core Crown land in the Auckland region, including public conservation land administered by the Department of Conservation on behalf of the Crown.
This is a significant advance in terms of Ngati Whatua’s expansion of influence over the wider Auckland area. Right of First Refusal is never a guaranteed gain because it depends on the Government choosing to sell land and assets. However, the area now covered by the RFR is larger which leads to a higher probability that Government land will come up for sale.
We also have to expect that most of the individual iwi/hapu of the collective, while getting financial redress, will not have the ‘purchasing power’ of Ngati Whatua o Orakei given its existing financial strength.
Next Steps
During 2010 Ngāti Whātua o Ōrākei will continue to negotiate with the Crown to draft a Deed of Settlement based on this Supplementary AIP. At that point assets are handed over to Ngati Whatua and the grevience is settled.
In addition, Ngāti Whātua o Ōrākei will work to develop governance arrangements for holding and managing the settlement redress.
At the same time, work will be on-going with Ngā Mana Whenua o Tāmaki Makarau regarding the collective aspects of their settlement.
All eligible registered members of Ngāti Whātua o Ōrākei will have the opportunity to accept or reject the Crown’s offer as set out in the Deed of Settlement and governance arrangements.
If the hapu claimant community ratifies the Deed of Settlement and the governance arrangements, the Deed will be signed by Ngati Whatua o Orakei and the Crown and the settlement will be implemented through legislation. The settlement will be for the benefit of all members of Ngati Whatua o Orakei.
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