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Digest No. 1945

Ngāti Mākino Claims Settlement Bill

Date of Introduction: 04 October 2011
Portfolio: Treaty of Waitangi Negotiations
Select Committee: As at 10 February, 1st Reading not held.
Published: 10 February 2012byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)Public enquiries:Parliamentary Information Service: (04 817-9647) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of this Bill is to give effect to the deed of settlement entered into by the Crown and Ngāti Mākino on 02 April 2011 for the final settlement of the historical Treaty of Waitangi claims of Ngāti Mākino. The deed of settlement is conditional on the passage of this Bill which implements certain matters set out in the deed.

Background

Ngāti Mākino connections and area

“Ngāti Mākino are part of the Te Arawa confederation of tribes and have strong connections to Ngāti Awa. Traditionally, they occupied the area between the Rotorua lakes and the Bay of Plenty coast where they existed as an independent iwi” (Preamble to the Bill, clause 1).

Ngāti Mākino

In the Bill the term “Ngāti Mākinoi” is the collective composed of individuals who descend (by birth, legal adoption or “Māori customary adoption in accordance with the tikanga (customary values and practices) of Ngāti Mākino”) from a “tipuna of Ngāti Mākino”. The latter term is defined as “an individual … who exercised customary rights by virtue of being descended from all of - … Hei; … Waitaha: … and Mākino II … and … who exercised the customary rights predominantly in relation to the Ngāti ō Mākino area of interest at any time after 6 February 1840”. The term “customary right” is defined as “rights according to Ngāti Mākino tikanga (Ngāti Mākino customary values and practices), including … rights to occupy land; and … rights in relation to the use of land or other natural or physical resources”. The term “Ngāti Mākino area of interest” means “the area that of Ngāti Mākino identifies as its area of interest, as set out in part 1 of the attachments to the deed of settlement ( (Part 1, Subpart 2, Clause 9).

Main Provisions

Settlement

The Bill records the Crown acknowledgements and apology offered by the Crown to Ngāti Mākino and provides that the settlement of the Ngāti Mākino historical claims is final. It removes the jurisdiction of judicial bodies in respect of the historical claims of Ngāti Mākino or the redress provided under the deed of settlement or the Act (but not their interpretation), and deals with related issues; including consequential amendments to the Treaty of Waitangi Act 1975, the removal of certain resumptive memorials and the modification of the rule against perpetuities. The rights of Ngāti Mākino under the Bill are exercised by the Ngāti Mākino Iwi Authority (the trustees) (Part 1, Subparts 3 and 4, Clauses 11-15).

Cultural redress

The Bill sets out the cultural redress to Ngāti Mākino, including the Crown's acknowledgement of the cultural significance of certain statutory areas for Ngāti Mākino and the issuing of Protocols by appropriate responsible Ministers. These Protocols will be: a Taonga Tūturu Protocol and a Crown Minerals Protocol. The Bill provides for whenua rahūi (which gives the trustees certain rights of consultation with the New Zealand Conservation Authority and other rights in relation to the Lake Rotoma Scenic reserve which is declared by the Bill to be a whenua rahūi site). The Bill also makes statutory acknowledgements and provision for the vesting in fee simple in Ngāti Mākino of certain cultural redress properties, Te Kōhanga site (subject to an easement), the Rākau ō Kauwae Hapa site (subject to a conservation easement), the Lake Rotoehu Scenic reserve Site, the Balance of Matawhāura site, Nga Pōrōtai-o-Waitaha-a-Hei site (these last three to be administered as scenic reserves) and the Rotoehu Forest Central Wānanga site (to be administered as a local purpose (conservation and education reserve). The Moutoroi Pā site is vested in fee simple in the trustees (Part 2, Subparts 1-6, Clauses 18-78; Schedules 1-3).

Commercial redress

The Bill provides commercial redress. The fee simple of the Ōtamarākau School site is transferred to the trustees. The Bill also makes provision in relation to deferred selection properties, licensed and unlicensed Crown forest land (described in the deed) and a right of first refusal over certain properties also listed in the deed (Part 3, Subparts 1-4, Clauses 79-122; Schedule 4).

Copyright: © NZ Parliamentary Library, 2012
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