Te Runanga o Toa Rangatira Inc.

Te Runanga o Toa Rangatira Inc. PO Box 50355, Takapuwahia PORIRUA Ph 04 237-6070 Fax 04 238-4529 Email runanga@ngatitoa.iwi.nz Supplementary Submission on the Te Tau lhu Claims Settlement Bill To the Maori Affairs Committee Introduction This is a supplementary submission on behalf ofte Runanga o Toa Rangatira Inc and the Toa Rangatira Trust. Since making our original submission, we have now learned some of the details of other submissions made in support and in opposition to those parts of the Bill which relate to the Ngati Toa Rangatira settlement. Ngati Toa Rangatira welcomes the submissions in support. I do not propose to respond to the submissions in opposition. It is unfortunate that there are still those who are unable to see the value of Treaty settlements. In particular the aspiration of both claimants and the Crown that such settlements not only acknowledge the wrongs that were done in the name of the Crown and to enhance the relationship between the iwi and the Crown - but also to pave the way for Ngati Toa Rangatira and other iwi to provide for our own future, to contribute to the management of our environment and to establish an economic base. The key points of our submisison Despite our best efforts the road to settlement has been long, difficult and fraught with challenges. The current Bill represents a long period of intensive negotiations, many discussions with overlapping claimants, and for Ngati Toa Rangatira in particular, considerable litigation and challenges to our redress. 1 Our approach to redress It was our intention that our Treaty settlement negotiations should try to avoid difficulties with adjacent iwi, both to avoid conflict with them but also to try to ensure a more speedy settlement process for Ngati Toa Rangatira. We tried to avoid redress that also had particular associations with other iwi. We tried to avoid a situation where there would be in inadequate land redress available for others. In terms of other non-exclusive redress Ngati Toa Rangatira has obtained, the Crown has retained the ability to provide suitable redress of other groups should it be appropriate in their latter settlements. This has included ensuring that some redress is non-exclusive, that timing of the provision of some

redress does not impact on future negotiations, and that other groups can continue to have (or seek) a role in the management of conservation areas through various relationships with the Department of Conservation and associated bodies. 2 A delicate and careful balancing of redress The iwi of Te Tau lhu engaged over nearly a decade in an on-going and ultimately successful dialogue about redress and collective redress. We were able to achieve an extremely delicate balancing of rights and redress involving the offsetting of redress between forestry and other commercial redress and the allocation of cultural redress through Te Tau lhu to reflect acceptance (if not agreement) of a spread of interests. The redress captured within the Bill also represents the careful balancing of redress available within Te Tau lhu with (for Ngati Toa Rangatira) redress offered in the North Island and through Cook Strait. The Crown's ability to offer redress in the North to Ngati Toa Rangatira in turn facilitated the offering of a greater proportion of land redress to the other iwi of Te Tau lhu. The Te Tau lhu Claims Settlement Bill represents the product of all of that dialogue and accommodation. The removal of any redress from the settlements would lead to an imbalance in availability of redress which cannot be replaced by any other available redress. The consequence of change could collapse of the agreed bargains, not just with the Crown, but between the iwi themselves. Any adjustment of the various iwi packages has the potential (or indeed likelihood) to disturb the balance. 3 The process has been costly, time consuming and challenging Apart from the engagement with the Crown, Ngati Toa Rangatira has been involved in numerous timeconsuming and costly challenges in the political arena, the Tribunal and the ordinary courts. We doubt whether any iwi or group seeking to settle their claims has had to deal with so many challenges and litigation. Despite this we hoped we had won through to a settlement. It is greatly disappointing that at select committee we still face opposition from some of those same parties, as well as others. When we began the negotiations, we thought that the main challenge would be persuading the Crown to provide redress. Instead the biggest barrier to an outcome has been the challenges from overlapping claimant groups. Fortunately the timing of the Te Tau lhu negotiations meant that between the iwi of Te Tau lhu there was mutual interest in obtaining an outcome. We were able to reach accommodations which allowed us to move forward. However for groups who have already settled, there was no such benefit or interest, and having achieved their own settlement such groups sought to undermine ours. We found ourselves having to meet their demands despite the fact they had already negotiated their own settlements. This is disappointing, and in our view this is an unfair burden for the Crown to place on groups in negotiations. 4 Huge level of support The iwi has indicated overwhelming support for the settlement. The deed was ratified by 98.7% of the valid votes of eligible voters. 2

Te Runanga o Toa Rangatira Inc (and now the Toa Rangatira Trust) has acted on behalf of all Ngati Toa Rangatira whanau and individuals who have claims. As we all know the Crown will only negotiate and settle with "large natural groups" and not individual persons or whanau. Following settlement Date, one of our key tasks will be to ensure that the redress achieved through this settlement appropriate acknowledges those claims and manages the redress for all the iwi and for future generations. Additional points 5 Key cultural sites and reserves In our submission we referred to certain key redress sites, such as Kapiti Island and Mana Island, which are of the highest cultural significance for us as an iwi. These islands and other cultural sites form a critical part of our settlement as they not only recognise Ngati Toa Rangatira' customary interests, they are associated with key events in the Ngati Toa Rangatira settlement and occupation of these lands. It was critical that our settlement recognise our association with these islands. In the case of Kapiti, the nature reserve has been extended to the north block of the island which will be vested in Ngati Toa Rangatira and the iwi will vest this back in the Crown as a nature reserve to manage in an integrated way with the existing Kapiti Island Nature Reserve. Ngati Toa Rangatira will now be able to work with the Department of Conservation on a Strategic Advisory Committee to better look after the island as a reserve. Up until now there has been no integrated plan for the management of the island as a nature reserve and as a nationally important wildlife and environmental sanctuary. Under the settlement legislation an integrated conservation management plan for the island must be prepared. This will be subject to public notification and submission in the normal way. As a reserve the Island will still be available for public access subject to the usual protections governing a nature reserve and which have applied to the existing Kapiti Island reserve for some time. Te Mana a Kupe Island will also be vested in Ngati Toa Rangatira who will re-vest the island back in the Crown as a public scientific reserve. A small lot will be retained in Ngati Toa hands, but as a scientific reserve. This lot was originally the tauranga waka or landing place reserve. Taputeranga Island will be vested in Ngati Toa Rangatira (it was previously owned by the Wellington City Council) who will hold it as a public historic reserve. Rights of the public to access will not be affected, and the Council will continue to be the administering body. However the reserve status under the Reserves Act will recognise its importance not just to Ngati Toa Rangatira but provide for wider stakeholder interests. Ngati Toa Rangatira as the traditional kaitiaki of these lands has a vested interest in ensuring that environmental sustainability of flora and fauna is maintained in areas such as Kapiti, Te Mana a Kupe, Taputeranga and the other reserves. Ngati Toa Rangatira recognises and respects the national conservation and ecological significance these places have, and will seek to improve wherever possible the conservation values of these places. 3

In terms of historical events, the piece of land close by the site of the battle at Tuamarina, has great historical significance to Ngati Toa Rangatira. The engagement between Ngati Toa Rangatira and settlors at Tuamarina is one of the most important and decisive encounters not merely in Ngati Toa Rangatira history or in the history of Te Tau lhu, but in New Zealand history generally. The engagement at the Wairau had very significant consequences. The engagement at the Wairau arose out of an attempt by the magistrate at Nelson together with a force of special constables sworn in for the occasion to arrest and take into custody the chiefs Te Rangihaeata and Te Rauparaha for "arson" (in fact the burning of a surveyor's temporary hut constructed without permission on Ngati Toa land). A large number of our people, including women and children, were at the Wairau in June 1843 planting crops and awaiting the arrival of Land Commissioner William Spain who had been asked by Ngati Toa to take action to prevent the New Zealand Company surveyors from carrying out their unlawful survey of the Wairau area. After a process of increasingly heated argument between the magistrate and the chiefs, during which the Ngati Toa rangatira Rawiri Puaha tried hard to mediate and make peace, the Nelson police magistrate George Thompson ordered the force of armed special constables to forcibly arrest Te Rauparaha and Te Rangihaeata. While the magistrate was crossing the Tuamarina creek to carry out the arrest firing broke out. Although there is a historical tradition that no one can tell who first fired the shot and that it was probably accidental, according to Ngati Toa Rangatira sources it was the Europeans who fired first. deliberately, killing and wounding a number of our people. One of those killed waste Rongo, wife of Te Rangihaeata. Ngati Toa then counterattacked, driving the Europeans up the slope. Some of the Europeans were killed in the exchange of gunfire, some fled, and some were killed after the battle after having surrendered as utu for the death of Te Rongo and others. This was thus a tragic encounter in which many people, Maori and Pakeha, lost their lives. Following the battle many Ngati Toa people left their homes in Te Tau lhu and moved to the North Island. Not all returned. The departure of so many people forced the once-thriving Wesleyan mission at Port Underwood to close. Nearly all of the magistrates and officials of the town of Nelson died at the Wairau, and the New Zealand Company as a result pressed for action to be taken against Ngati Toa in retaliation. Governor Fitzroy's restrained reaction to the event led to the New Zealand Company orchestrating a campaign in England seeking his recall; his replacement as Governor, George Grey, was responsible for pressing forward a coercive policy towards Ngati Toa which involved military action, unlawful kidnapping and detention of Te Rauparaha, martial law, and the acquisition of Ngati Toa lands at the Wairau itself and elsewhere. The events at Tuamarina had important consequences for the whole dynamic of Maori and Pakeha race relations in 19 1 h century New Zealand. It was a pivotal point in our history. The grave ofte Rongo, wife ofte Rangihaeata, is located here. Europeans are also buried in the area. This area, then, is important as a cultural, wahi tapu and urupa site. The site of the actual battle has been poorly maintained and there is little if any signage or indication of its importance and significance to Ngati Toa Rangatira. The Deed provides for two pieces of redress in this area: a surplus and disused school house at Tuamarina which we have yet to decide how to best use- but is likely to be used in a way which reflects the historic importance of the area to us; and the allotment adjacent to the highway (which will be vested as a historic reserve (Te Arai o Wairau). A memorial to the pakeha involved is located 4

adjacent to the road and will not be disturbed and will be protected by a registerable easement in favour of the Marlborough District Council. 6 Finalisation of our redress An on-going concern for us is the difficulty in finalising some of our commercial redress with some Crown agencies. As part of the negotiation, and as part of the arrangement whereby we agreed not to share in the commercial redress properties in Te Tau lhu (so as to allow the other iwi greater opportunities) we were to receive a greater proportion of our commercial redress properties in the North Island. A large part of that commercial redress was to include court house properties held by the Ministry of Justice. Before we signed the Deed for Settlement we were unable to finalise all the standard leasing terms for commercial properties from the Ministry of Justice and Department of Corrections (the sale and leaseback properties- clauses 6.5 and 6.11 of the Deed). To some extent this was due to lack of resources within the agencies. The Deed notes that the sale and leaseback will be "in the form agreed to replace that form in part 5 of the documents schedule...". Since signing the Deed in December we have sought to finalise the lease form with the Ministry. A number of new versions have been supplied by the Ministry, with a large number of additions and deletions that cumulatively significantly alter the rights and obligations of the parties from those negotiated in our Deed with the Crown. The Ministry has unilaterally made some major changes to the draft lease that introduce rights in favour of the Lessee (that is the Ministry) that did not exist before, and were not previously contemplated during Ngati Toa Rangatira's negotiations with the Crown. Moreover, some of our preexisting rights (under the version of the lease attached to the Deed) have been removed. From Ngati Toa Rangatira's perspective, the proposed amendments seek to preserve or protect the Lessee's position at the expense of the Lessor (that is, ourselves as the Treaty redress recipient). In our view, the materiality of the proposed changes goes so far as to alter the very nature of the bargain that was agreed with the Crown in our Treaty of Waitangi settlement negotiations. We hope that further discussions with the Ministry will address our concerns and re-establish the bargain that we arrived at as a result of many years' negotiations. We will be taking this matter and our concerns up with the Minister of Treaty of Waitangi Negotiations, the Hon Christopher Finlayson. Nevertheless, this serves to show that even now, whilst we await the passing of the settlement legislation, our redress is far from certain, despite having signed the Deed of Settlement in good faith and in the expectation that the redress agreed would actually be delivered. Summary We support this Bill, which is the outcome of many years of negotiations, and wish to see all Te Tau lhu iwi at last secure a settlement which addresses the wrongs they have suffered at the hands of the Crown- a just and timely resolution of our historical claims. The Bill represents an extremely delicate balancing of rights and redress that has come out of a long period of intensive negotiations. 5

Recommendations We ask that the Committee support the Bill in its present form. Matiu Rei 6