Orakei Report Settlement 1987

In 1987, the Waitangi Tribunal produced the Orakei Report (Wai 9) outlining the claim, their findings and recommendations.

The Waitangi Tribunal Findings (1987)

• The Crown failed to keep its part of the Treaty of Waitangi, the promise to protect the rights and property of the hapu
• The Orakei Block should have been kept as a reserve in tribal ownership
• The Crown made Ngati Whatua o Orakei virtually landless. Their mana and authority was destroyed by the Native Land Court and they were left without sufficient resources for their own needs
• Ngati Whatua o Orakei had no power to stop the Crown taking over their land and destroying their papakainga
• The Crown did not ensure that a marae site was set aside for Ngati Whatua o Orakei
• The protest at Bastion Point was inconsistent with the Treaty of Waitangi because the protesters broke the law by trespassing. The Waitangi Tribunal did not comment on whether the protesters’ convictions should remain

Recommendations of the Waitangi Tribunal

• Okahu Park and the headlands of Bastion Point (apart from the Savage Memorial) should be returned to Ngati Whatua o Orakei in tribal ownership. The land should be used as public parks, managed by the hapu and the Auckland City Council together.
• The Orakei marae, the Okahu church and urupa should be returned to Ngati Whatua o Orakei tribal ownership.
• The hapu should not have to pay the $200,000 for the return of land under the 1978 settlement.
• A further 3 hectares of land at Bastion Point should be returned to Ngati Whatua o Orakei for development as they saw fit.
• $3million should be paid to Ngati Whatua o Orakei to fund the hapu’s development
• The tribal authority of Ngati Whatua o Orakei should be officially recognised
• Members of Ngati Whatua o Orakei should have first option to occupy state houses at Orakei

Government Response

The Government’s response to the Waitangi Tribunal’s recommendations were:

• $3 million was paid to Ngati Whatua o Orakei to assist it with housing and other developments.
• The Orakei Act 1991 was passed to recognise the rights of Ngati Whatua o Orakei under the Treaty of Waitangi. The Act:
  
  
• Recognised the Ngati Whatua o Orakei Maori Trust Board as the tribal authority which represents all members of the hapu
• Returned to Ngati Whatua o Orakei an area of hapu land. Part of this land cannot be sold or leased, and will be used for a marae, a church and an urupa. It will be the turangawaewae of the hapu. Another part of the land may be leased for development of the hapu.
• Set aside an area of whenua rangatira, a Maori reserve for the benefit of the hapu and the people of Auckland . The Trust Board named this area Takaparawha Reserve. It will be looked after by the Auckland City Council and the Ngati Whatua o Orakei Maori Trust Board together.