Wikipedia

Treaty of Waitangi claims and settlements

(Redirected from Treaty of Waitangi settlement)

Claims and settlements under the Treaty of Waitangi (Māori: Te Tiriti o Waitangi) have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments have increasingly provided formal legal and political opportunity for Māori to seek redress for what are seen as breaches by the Crown of guarantees set out in the Treaty of Waitangi. While it has resulted in putting to rest a number of significant longstanding grievances, the process has been subject to criticisms including those who believe that the redress is insufficient to compensate for Māori losses. The settlements are typically seen as part of a broader Māori Renaissance.

The Waitangi Tribunal was set up as the primary means of registering and researching claims because the Treaty of Waitangi itself has little legal standing. The primary means of settling those claims is through direct negotiations with the government of the day.

History of the Treaty

edit
Main article: Treaty of Waitangi
 
The Waitangi Sheet of the Treaty of Waitangi

The Treaty of Waitangi was first signed on 6 February 1840 by representatives of the British Crown and Māori chiefs (rangatira) from the North Island of New Zealand, with a further 500 signatures added later that year, including some from the South Island. It is one of the founding documents of New Zealand.[1][2] In 1835, a Declaration of Independence or He Whakaputanga was written.

The Treaty of Waitangi was written in English and translated into the Māori language (Te Reo). As some words in the English treaty did not translate directly into the written Māori of the time, this text is not an exact translation of the English text, such as in relation to the meaning of having and ceding sovereignty.[3][4] In the English version, Māori ceded the sovereignty of New Zealand to Britain; Māori gave the Crown the exclusive right to purchase lands they wished to sell, and, in return, Māori were guaranteed full ownership of their lands, forests, fisheries and other possessions and were given the rights of British subjects. However, in the Māori language version of the Treaty is very different, the word 'sovereignty' was translated as kawanatanga ('governance'). And in contradiction to the English language version, Māori retained authority and sovereignty, and did not give this to the Queen. In addition, the English version guaranteed 'undisturbed possession' of all 'properties', but the Māori version guaranteed tino rangatiratanga ('full authority, sovereignty') over taonga ('treasures').[1]

Around 530 to 540 Māori, at least 13 of them women, signed the Māori version of the Treaty of Waitangi, known as Te Tiriti o Waitangi.[5][6] Only 39 signed the English version after the Māori language version was read to them.[7]

The different understandings of the content of the treaty led to disagreements between Pākeha and Māori, beginning almost immediately after the signing of the treaty, and contributed to the New Zealand Wars, which culminated in the confiscation of a large part of the Waikato and Taranaki.[8]

Early settlements and claims

edit

Matiaha Tiramōrehu made the first formal statement of Ngāi Tahu grievances in 1849, only one year after the Canterbury purchase between Ngāi Tahu and Henry Tacy Kemp, this land transaction was very large, 20 million acres for £2,000.[9][10] Between the 1870s and the 1990s almost every Ngāi Tahu leader was actively pursuing the Ngāi Tahu claim in Parliament.[9]

In the 1920s, land commissions investigated the grievances of hapū whose land had been confiscated or otherwise fraudulently obtained in the previous century, and many were found to be valid.[11] By the 1940s, settlements in the form of modest annual payments had been arranged with some hapū. However, hapū came to consider the amounts to be inadequate, especially as inflation eroded their value, and the Crown has conceded that it did not sufficiently seek the agreement of hapū to declare their claims settled.[12]

The Waitangi Tribunal

edit
Main articles: Waitangi Tribunal and Treaty of Waitangi Act 1975

During the late 1960s and 1970s the Treaty of Waitangi became the focus of a strong Māori protest movement which rallied around calls for the government to 'honour the treaty' and to 'redress treaty grievances'. Māori expressed their frustration about continuing violations of the treaty and subsequent legislation by government officials, as well as inequitable legislation and unsympathetic decisions by the Māori Land Court alienating Māori land from its Māori owners.[13]

In 1975 the Treaty of Waitangi Act established the Waitangi Tribunal to hear claims about Crown acts that were inconsistent with the principles of the Treaty. It allowed any Māori to lodge a claim against the Crown for breaches of the Treaty of Waitangi and its principles. Originally its mandate was limited to claims about contemporary issues, that is, those that occurred after the establishment of the Tribunal. Early claims included the "Te Reo Māori" claim.[14] As a result of the Tribunal's report into the claim, in 1987 the government made Te Reo Māori an official language of New Zealand, and established the Maori Language Commission to foster it. The pivotal issue considered by the Tribunal was whether a language could be considered a "treasure" or "taonga", and thus protected by the Treaty. Significant research has been undertaken in New Zealand as a result of claims being put to the Waitangi Tribunal. Much of this has been generated by iwi (Māori tribal groups), a lasting example is the Ngāti Awa Research Centre established in 1989.[15][16]

In 1985 the Fourth Labour Government extended the Tribunal's powers to allow it to consider Crown actions dating back to 1840,[17] including the period covered by the New Zealand Wars. The number of claims quickly rose, and during the early 1990s, the government began to negotiate settlements of historical (pre-1992) claims.[18]

Typically a negotiated Treaty settlement has 'agreed historical account, Crown acknowledgements of Treaty breach, and a Crown apology' and legal extinguishment of all claims.[19] Featured in the Waikato-Tainui Ngāi Tahu settlements in 2009 and all subsequent settlements was redress described in these three areas: a historical account of grievances and an apology, a financial package of cash and transfer of assets (no compulsory acquisition of private land), and cultural redress, where a range of Māori interests are acknowledged which often related to sites of interest and Māori association with the environment.[20]

While early Tribunal recommendations mainly concerned a contemporary issue that could be revised or rectified by the government at the time, historical settlements raised more complex issues. The Office of Treaty Settlements was established in the Ministry of Justice to develop government policy on historical claims. In 1995, the government unilaterally developed the "Crown Proposals for the Settlement of Treaty of Waitangi Claims"[21] to attempt to address the issues and extinguish all Māori treaty claims.

A key element of the proposals was the creation of a "fiscal envelope" of $1 billion for the settlement of all historical claims, an effective limit on what the Crown would pay out in settlements. The Crown held a series of consultation hui around the country, at which Māori vehemently rejected the proposals including such a limitation in advance of the extent of claims being fully known.[22] The concept of the fiscal envelope was subsequently dropped after the 1996 general election although it remained de facto. Despite the protest, three major settlements during were reached during the 1990s. The Minister of Justice and Treaty Negotiations at the time, Sir Douglas Graham, is credited with leading a largely conservative National government to make these breakthroughs.[23]

In 2013 the Ministry of Justice set up a Post Settlement Commitment Unit to create a central register of Treaty commitments that were created through the settlement process when it became clear that settlements were not being actioned.[20] Government Minister Chris Finlayson was part of this and states the purpose was to create an 'institutional safeguard' to protect settlements and support them being durable and final. Finlayson's intention was that the Post Settlement Commitment Unit on completion of settlements would replace the Office of Treaty Settlements.[20] The register was created and Finlayson states of the register, "By the time I left office, over 7000 commitments had been entered into various deeds of settlement."[20] In 2018 the Post Settlement Commitment Unit was incorporated into a new Crown agency Te Arawhiti (Office for Māori Crown Relations).[20][24] The web-portal Te Haeata was created in 2019 as a searchable record by arms of the Crown to find Treaty settlement commitments as recorded in deeds of settlement and government legislation.[25]

Settlements of the 1990s

edit

Sealord

edit

The Treaty guaranteed to Māori their lands, forests and fisheries. Over time, however, New Zealand law began to regulate commercial fisheries, so that Māori control was substantially eroded. To resolve this grievance, in 1989 an interim agreement was reached. The Crown transferred 10 percent of New Zealand's fishing quota (some 60,000 tonnes), together with shareholdings in fishing companies and $50 million in cash, to the Waitangi Fisheries Commission. This commission was responsible for holding the fisheries assets on behalf of Māori until an agreement was reached as to how the assets were to be shared among tribes. In 1992, a second part of the deal, referred to as the Sealord deal, marked full and final settlement of Māori commercial fishing claims under the Treaty of Waitangi. This included 50% of Sealord Fisheries and 20% of all new species brought under the quota system, more shares in fishing companies, and $18 million in cash. In total it was worth around $170 million.[26] This settlement was undertaken under the leadership of the Hon. Matiu Rata and Dr. George Habib.[27]

Waikato Tainui Raupatu

edit
Main article: Waikato Raupatu Claims Settlement Act 1995

The first major settlement of historical confiscation, or raupatu, claims was agreed in 1995. Waikato-Tainui's confiscation claims were settled for a package worth $170 million, in a mixture of cash and Crown-owned land. The settlement was accompanied by a formal apology as part of the claims legislation, granted Royal assent by Queen Elizabeth II in person during her 1995 Royal tour of New Zealand. The Crown apologised for the Invasion of the Waikato and the subsequent indiscriminate confiscation of land.

Ngāi Tahu

edit

Ngāi Tahu's claims covered a large proportion of the South Island of New Zealand, and related to the Crown's failure to meet its end of the bargain in land sales that took place from the 1840s.[28] Chris Finlayson was one of the lawyers working for Ngāi Tahu during the mid 1990s as the negotiations were taking place, he states a litigious approach was used and was needed to keep things moving. The settlement deed was signed in 1997 in Kaikōura.[29] Ngāi Tahu sought recognition of their relationship with the land, as well as cash and property, and a number of novel arrangements were developed to address this. Among other things, Ngāi Tahu and the Crown agreed that Mt Cook would be formally renamed Aoraki / Mount Cook, and returned to Ngāi Tahu to be gifted back to the people of New Zealand.

Settlements of the 2000s

edit

The process of negotiating historical claims continued after the 1999 election and the subsequent change in government without radical change to government policy. The models developed for the early settlements remain a strong influence. The first Labour Minister of Treaty Negotiations was Margaret Wilson. On her appointment as Speaker of the House in early 2005, she was followed in the role by Mark Burton. He was replaced by Deputy Prime Minister Michael Cullen in November 2007.

In June 2008, the Crown and representatives from seven Māori tribes signed an agreement relating to Crown forest land that was dubbed "Treelords" by the media,[30] because of perceived similarities to the Sealord deal of the 1990s. Like Sealord, it relates to a single issue, but covers multiple tribes. The agreement contains only financial redress, on account against comprehensive settlements to be negotiated with each tribe within the Collective. The agreement is the largest to date, by financial value, at NZ$196 million worth of forest land in total (including the value of the Affiliate Te Arawa Iwi and hapū share). In addition, but not counted by the government as part of the redress package, the tribes will receive rentals that have accumulated on the land since 1989, valued at NZ$223 million.[31]

By July 2008, there were 23 settlements of various sizes.[32] In November 2008, Chris Finlayson, a Wellington-based lawyer with experience in Treaty claims with Ngāi Tahu, was appointed Minister for Treaty Negotiations following the National Party victory in the 2008 election. Between 2008 and 2017, Finlayson was credited with helping to resolve 60 Treaty settlements.[33]

As well as the much publicised land and financial compensation, many of these later settlements included changing the official place names. This introduced significant numbers of macrons into official New Zealand place names for the first time.[34]

List of Treaty Settlements

edit
Claimant group Year lodged Deed signed Act / enactment date Some details on settlements Ref.
Commercial Fisheries 1992 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 NZ$170 million[35] [36]
Ngāti Rangiteaorere 1993 Reserves and Other Lands Disposal Act 1993 Te Ngae Mission Farm, Tikitere [37]
Hauai 1993 Reserves and Other Lands Disposal Act 1995 [38]
Ngāti Whakaue 1994
Waikato – Tainui Raupatu 1995 Waikato Raupatu Claims Settlement Act 1995[39] NZ$170 million[35] [39]
Waimakuku 1995
Rotoma 1996
Te Maunga 1996
Ngāi Tahu 1997 Ngāi Tahu Claims Settlement Act 1998[40][41] NZ$170 million[35] Second major settlement[29] [1]: 2 
Ngāti Tūrangitukua 1998 Ngāti Tūrangitukua Claims Settlement Act 1999[42] [42]
Pouakani 1999 Pouakani Claims Settlement Act 2000[43] NZ$2 million[29] [43]
Te Uri o Hau 2000 Te Uri o Hau Claims Settlement Act 2002[44] [44]
Ngāti Ruanui 2001 Ngati Ruanui Claims Settlement Act 2003[45]
Ngāti Tama 2001 Ngati Tama Claims Settlement Act 2003[46]
Ngāti Awa (including ancillary claims) 1988[47] 2003 Ngāti Awa Claims Settlement Act 2005[48] NZ$42.3 million[35] Through Ngāti Manawa and Ngāti Whare settlements membership of Rangitāiki Rover Forum[29]
Ngāti Tūwharetoa (Bay of Plenty) 2003 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005[47]
Ngā Rauru Kītahi 2003
Te Arawa (Lakes) 2004 Te Arawa Lakes Settlement Act 2006[49] Transferred ownership of 13 lakebeds and established a joint organisation to improve the lakes, Rotorua Lakes Strategy Group (a joint committee between Te Arawa, Bay of Blenty Regional Council and Rotorua District Council)[29][50]
Ngāti Mutunga 2005 Ngāti Mutunga Claims Settlement Act 2006[51]
Te Roroa 2005 Te Roroa Claims Settlement Act 2008[52]
Te Arawa Affiliate Iwi and hapū 2008 Affiliate Te Arawa Iwi and hapū Claims Settlement Act 2008[53]
Central North Island Forests Iwi Collective[54] 2008 Central North Island Forests Land Collective Settlement Act 2008[55] This settlement was with the following iwi: Ngāi Tuhoe, Ngāti Manawa, Ngāti Rangitihi, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa and the Affiliate Te Arawa Iwi/Hapū[29]
Taranaki Whānui ki te Upoko o te Ika 2008 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009[56]
Waikato-Tainui 2009 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010[57]
Ngāti Apa Ngāti Apa (North Island) Claims Settlement Act 2010[58]
Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011[59]
Ngāti Manawa 2003[60] 2009[60] Ngāti Manawa Claims Settlement Act 2012[61] Four sites vested jointly in Te Rünanga o Ngāti Manawa and Te Rūnanga o Ngāti Whare: Te Tāpiri pā, Okarea pā, Te Rake pā; and Hinamoki pā (battle site)[60]
Ngāti Whare 2009 Ngāti Whare Claims Settlement Act 2012[62]
Ngāti Pāhauwera 2010 Ngāti Pāhauwera Treaty Claims Settlement Act 2012[63]
Ngāti Porou 2010 Ngati Porou Claims Settlement Act 2012[64] NZ$90 million[35] including Crown forestry rental and cultural redress[29]
Maraeroa A and B Blocks Claims Settlement Act 2012[65]
Ngāti Mākino 2011 Ngāti Mākino Claims Settlement Act 2012[66]
Rongowhakaata Claims Settlement Act 2012[67]
Ngāi Tāmanuhiri 2011 Ngai Tāmanuhiri Claims Settlement Act 2012[68]
Ngāti Whātua o Kaipara 2011 Ngāti Whātua o Kaipara Claims Settlement Act 2013[69]
Te Aupōuri 2012 2015 Te Oneroa-a-Tōhē/Ninety Mile Beach Co-Governance [29]
Raukawa (Waikato) 2012 Raukawa Claims Settlement Act 2014[70] [29]
Ngāti Ranginui 2012 - [29]
Tāmaki Makaurau Collective 2012 Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014[71] [29]
Ngāti Whare 2012 Ngāti Whare Settlement Claims Act 2012
Ahuriri Hapū 2016 [72]
Central Whanganui (Te Korowai o Wainuiārua) 2018 [72]
Ngāti Maru (Taranaki) 2020 [73]
Ngāti Maniapoto 2020 [73]
Waikato-Tainui terms of negotiation 2020 [73]
Ngāti Rangitihi 2020 [73]
Ngāti Ruapani 2020 [73]
Te Ākitai Waiohua 2011 2021 [73]
Ngāti Maru (Taranaki) 2021 [73]
Ngāti Pāoa 2021 [73]
Mōkai Pātea 2021 [73]
Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua 2021 [73]
Maniapoto 2021 A Maniapoto Claims Settlement Bill was published in 2021[74] [73]
Whakatōhea 2021 [73]
Ngāti Mutunga o Wharekauri 2022 Ngāti Mutunga o Wharekauri and the Crown signed an agreement to settle historical Treaty claims relating to the annexation of the Chatham Islands. [75][76]

Mana Motuhake and the Treaty

edit

Waitangi Tribunal's Te Paparahi o te Raki inquiry

edit

The Waitangi Tribunal, in Te Paparahi o te Raki inquiry (Wai 1040)[77] is in the process of considering the Māori and Crown understandings of He Whakaputanga o te Rangatiratanga / the 1835 Declaration of Independence and Te Tiriti o Waitangi / the Treaty of Waitangi 1840. This aspect of the inquiry raises issues as to the nature of sovereignty and whether the Māori signatories to the Treaty of Waitangi intended to transfer sovereignty.[78]

The first stage of the report was released in November 2014, and found that Māori chiefs in Northland never agreed to give up their sovereignty when they signed the Treaty of Waitangi in 1840. Although the Crown intended to negotiate the transfer of sovereignty through the Treaty, the chiefs' understanding of the agreement was they were only ceding the power for the Crown to control Pākeha and protect Māori.[79] A month before the report's official release a letter was sent to Te Ururoa Flavell, Minister for Māori Development, to notify him of the Tribunal's conclusion. It was signed by Māori Land Court judge Craig Coxtead.[80] Below is a brief excerpt:

We have concluded that in February 1840 the rangatira who signed te Tiriti did not cede their sovereignty . That is, they did not cede their authority to make and enforce law over their people or their territories . rather, they agreed to share power and authority with the Governor . They agreed to a relationship: one in which they and Hobson were to be equal – equal while having different roles and different spheres of influence . in essence, rangatira retained their authority over their hapū and territories, while Hobson was given authority to control Pākehā .

— Report on Stage 1 of the Te Paparahi o Te Raki inquiry, Waitangi Tribunal (November 2014), page 23

Tribunal manager Julie Tangaere said at the report's release to the Ngapuhi claimants:

Your tupuna [ancestors] did not give away their mana at Waitangi, at Waimate, at Mangungu. They did not cede their sovereignty. This is the truth you have been waiting a long time to hear.[79]

In terms of mana motuhake He Whakaputanga, creating a Māori state and government in 1835 and/or Te Tiriti o Waitangi, and those who did not sign anything, thus maintaining mana motuhake.[81] In relation to the former, a summary report (entitled "Ngāpuhi Speaks") of evidence presented to the Waitangi Tribunal concluded that:

  1. Ngāpuhi did not cede their sovereignty.
  2. The Crown had recognised He Whakaputanga as a proclamation by the rangatira of their sovereignty over this country.
  3. The treaty entered into by the rangatira and the Crown — Te Tiriti o Waitangi — followed on from He Whakaputanga, establishing the role of the British Crown with respect to Pākeha.
  4. The treaty delegated to Queen Victoria’s governor the authority to exercise control over hitherto lawless Pākeha in areas of hapū land allocated to the Queen.
  5. The Crown's English language document, referred to as the Treaty of Waitangi, was neither seen nor agreed to by Ngāpuhi and instead reflects the hidden wishes of British imperial power.[82]

Non-Signatory iwi and hapū

edit

Ngāti Tūwharetoa academic Hemopereki Simon outlined a case in 2017, using Ngati Tuwharetoa as a case study, for how hapū and iwi that did not sign the Treaty still maintain mana motuhake and how the sovereignty of the Crown could be considered questionable.[81] This work builds on the Te Paparahi o te Raki inquiry (Wai 1040) decision by the Waitangi Tribunal.

Criticisms

edit

The Treaty settlement process has attracted criticisms since it began.

The “fiscal envelope” decision by the Government in 1994 had a consultation period in which most Māori 'overwhelmingly rejected' the policy and sparked protests throughout New Zealand.[83][84] The criticism was about the non-negotiable element of a fiscal cap as well as the amount ($1 billion) when Crown valuers assessed that the 1990 dollar loss to just Ngāi Tahu was 'between $12 billion and $15 billion' and the context of Government spending (for example the annual spending in 2018 (excluding capital investment) was about $87 billion).[85][86][87]

The Government settlement process has since 1999 focused mostly on negotiating settlements with iwi (or 'large natural groupings') which has been criticised as not seeking the 'most appropriate social structures for resolving historical Treaty breaches'.[88]

Politicians critical include Winston Peters from New Zealand First suggesting in 2002 that too many claims were being allowed. The ACT party criticised the process and the concept that 'no amount of money can undo past wrongs'.[89][90][91][92] Public Access New Zealand and the One New Zealand Foundation were lobby groups formed to oppose the aspects of Treaty settlements.[92][93]

The Orewa Speech in 2004 saw the National Party for the first time take up the term "Treaty of Waitangi Grievance Industry". National's Māori Affairs spokeswoman Georgina te Heuheu, who was Associate Minister to Sir Douglas Graham, was replaced in the role by Gerry Brownlee. Specific criticism that members of the National Party have made against settlements is that they are not being negotiated quickly enough, that insufficient attention is being given to ensure that claimant negotiators have the support of their people,[94] and that settlement legislation is giving inappropriate weight to the spiritual beliefs of Māori.[95]

In 2005 the Māori Party and Green Party both criticised Treaty settlements on the grounds that the Crown has too much power in negotiations, that settlements negotiated at an iwi level ignore the rights of hapū (clans or subtribes), and that settlement redress is too parsimonious.[96]

While some disagreement remains, parties unanimously supported the legislation to implement the Te Roroa, Affiliate Te Arawa and Central North Island settlements, which were passed in September 2008.[97]

Not addressing overlapping interests in claims early in the process is a criticism made in 2019 over the Pare Hauraki Treaty settlement, a criticism made by Ngāti Wai and acknowledged by Treaty Negotiations Minister Andrew Little as a failing in the process.[98]

Academic Linda Te Aho (Associate Professor, Te Piringa Faculty of Law, University of Waikato) summarises criticisms of the Treaty settlement processes as being:

too heavily weighted in the government's favour', not enough compensation for losses and that the process pits 'Māori against Māori.[99]

Research conducted by academics Professor Margaret Mutu and Dr Tiopira McDowell of the University of Auckland found that the purpose of the settlements was to extinguish claims so that claimants cannot have State Owned Enterprise and Crown Forest lands returned to them through binding recommendations.[100]

Academic Carwyn Jones in his PhD (published in 2016 by UBC Press, Vancouver) is critical of The Treaty of Waitangi settlement process as 'undermining Māori legal traditions' and sees this as 'impeding the reconciliation of Māori law with the New Zealand legal system'.[101]

References

edit
  1. ^ a b c New Zealand history online. "The Treaty in brief". NZHistory.govt.nz. New Zealand Ministry for Culture and Heritage. Archived from the original on 26 April 2021. Retrieved 26 April 2021.
  2. ^ Brookfield, F. M. (1999). Waitangi & indigenous rights : revolution, law and legitimation. Justice Baragwanath. Auckland, N.Z.: Auckland University Press. ISBN 1-86940-184-0. OCLC 43806568. Archived from the original on 5 February 2022. Retrieved 6 May 2021.
  3. ^ "Meaning of the Treaty". Waitangi Tribunal. 2011. Archived from the original on 8 July 2016. Retrieved 12 July 2011.
  4. ^ Newman, Keith (2010) [2010]. Bible & Treaty, Missionaries among the Māori – a new perspective. Penguin. ISBN 978-0143204084. pp 20-116
  5. ^ "Treaty of Waitangi". Waitangi Tribunal. Archived from the original on 6 July 2016. Retrieved 28 May 2015.
  6. ^ Orange 1987, p. 260.
  7. ^ Newman, Keith (2010) [2010]. Bible & Treaty, Missionaries among the Māori – a new perspective. Penguin. ISBN 978-0143204084. pp 159
  8. ^ Taonga, New Zealand Ministry for Culture and Heritage Te Manatu. "Ngā whakataunga tiriti – Treaty of Waitangi settlement process". teara.govt.nz. Archived from the original on 26 April 2021. Retrieved 26 April 2021.
  9. ^ a b Tau, Te Maire (1 March 2017). "The Ngāi Tahu claim". Te Ara - the Encyclopedia of New Zealand. New Zealand Ministry for Culture and Heritage Te Manatu Taonga. Retrieved 5 February 2022.
  10. ^ "Kemp's Deed, 1848". Te Rūnanga o Ngāi Tahu. Retrieved 5 February 2022.
  11. ^ Treaty of Waitangi Information Unit (2005). "Early Twentieth Century". State Services Commission. Archived from the original on 8 September 2006. Retrieved 15 August 2006.
  12. ^ Office of Treaty Settlements (2003). "Ngaa Rauru Kiitahi Settlement Summary" (PDF). Archived from the original (PDF) on 23 July 2006. Retrieved 15 August 2006.
  13. ^ Keane, Basil (20 June 2012). "Ngā rōpū tautohetohe – Māori protest movements". Te Ara: The Encyclopedia of New Zealand. Archived from the original on 14 August 2017. Retrieved 23 July 2017.
  14. ^ Waitangi Tribunal (c. 1986). "Te Report of the Waitangi Tribunal on the Te Reo Maori Claim". Archived from the original on 2 October 2006. Retrieved 15 August 2006.
  15. ^ Smith, Linda Tuhiwai (2012). Decolonizing methodologies : research and indigenous peoples (Second ed.). London: Otago University Press. ISBN 978-1-84813-953-4. OCLC 861538625.
  16. ^ "Ngāti Awa Research and Archives – Te Rūnanga o Ngāti Awa". Archived from the original on 7 May 2021. Retrieved 7 May 2021.
  17. ^ "Research papers". Archived from the original on 26 April 2018. Retrieved 26 April 2018.
  18. ^ Crocker, Therese (1 January 1970). "History and the Treaty of Waitangi Settlement Process". The Journal of New Zealand Studies (18). doi:10.26686/jnzs.v0i18.2184. ISSN 2324-3740.
  19. ^ Waitangi Tribunal (2013). The Ngāti Kahu remedies report. Wellington, N.Z.: Legislation Direct. ISBN 978-1-86956-304-2. OCLC 838075156.
  20. ^ a b c d e Finlayson, Christopher (2021). He Kupu Taurangi : Treaty settlements and the future of Aotearoa New Zealand. James Christmas. Wellington, Aotearoa, New Zealand. ISBN 978-1-77550-615-7. OCLC 1238026659.{{cite book}}: CS1 maint: location missing publisher (link)
  21. ^ Office of Treaty Settlements (1995). "Crown Proposals for the Settlement of Treaty of Waitangi Claims". Australian Indigenous Law Reporter. Archived from the original on 16 May 2011. Retrieved 15 August 2006.
  22. ^ Gardiner, Wira (1996). Return to Sender; what really happened at the fiscal envelope hui. Auckland: Reed. ISBN 0-7900-0460-7.
  23. ^ Lean, Mary (October–November 1999). "Getting the Government to Say Sorry". For a Change. Initiatives of Change. Archived from the original on 28 February 2014. Retrieved 15 August 2006.
  24. ^ "Te Arawhiti - Tēnā koutou katoa". www.tearawhiti.govt.nz. Retrieved 5 December 2022.
  25. ^ "About us | Te Haeata". tehaeata.govt.nz. Retrieved 5 December 2022.
  26. ^ Walrond, Carl (2006). "Fishing Industry". Te Ara: The Encyclopedia of New Zealand. Archived from the original on 19 August 2007. Retrieved 15 August 2006.
  27. ^ DigitalMaori. "Sealords Deal Architect Dies". TangataWhenua.com. Archived from the original on 12 October 2018. Retrieved 10 April 2019.
  28. ^ Te Runanga o Ngāi Tahu (2006). "Claim History Overview". Archived from the original on 10 August 2006. Retrieved 15 August 2006.
  29. ^ a b c d e f g h i j k Christopher, Finlayson (2021). He Kupu Taurangi : Treaty settlements and the future of Aotearoa New Zealand. Huia Publishers. ISBN 978-1-77550-615-7. OCLC 1238026659.
  30. ^ "The Treelords deal in 168 words". The New Zealand Herald. 26 June 2008. Retrieved 3 July 2008.
  31. ^ Office of Treaty Settlements (25 June 2008). "Central North Island Forests Iwi Collective Deed of Settlement" (PDF). Archived from the original (PDF) on 17 October 2008. Retrieved 3 July 2008.
  32. ^ Office of Treaty Settlements (June 2008). "Four Monthly Report" (PDF). Archived from the original (PDF) on 18 October 2008. Retrieved 25 September 2008.
  33. ^ Claire, Trevett (14 December 2018). "National MP Chris Finlayson's farewell tour". The New Zealand Herald. ISSN 1170-0777. Retrieved 4 December 2022.
  34. ^ "New Zealand Gazetteer of Official Geographic Names". 2008. Archived from the original on 11 October 2014. Retrieved 4 February 2009.
  35. ^ a b c d e "Historical Treaty settlements". New Zealand Parliament. Retrieved 5 February 2022.
  36. ^ "Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 No 121 (as at 28 October 2021), Public Act Contents – New Zealand Legislation". www.legislation.govt.nz. Archived from the original on 4 February 2022. Retrieved 5 February 2022.
  37. ^ "Reserves and Other Lands Disposal Act 1993". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  38. ^ "Reserves and Other Lands Disposal Act 1995". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  39. ^ a b Waikato Raupatu Claims Settlement Act (Public Act 58) (in Māori and English). Parliamentary Counsel Office. 1995. Archived from the original on 19 February 2015. Retrieved 19 February 2015.
  40. ^ "Ngāi Tahu Claims Settlement Act 1998". legislation.govt.nz. Retrieved 18 February 2015.
  41. ^ Ngāi Tahu Claims Settlement Act 1998 (Public Act 97) (in Māori and English). Parliamentary Counsel Office. 1 October 1998. Retrieved 18 February 2015.
  42. ^ a b Ngāi Tūrangitukua Claims Settlement Act 1999 (Public Act 118) (in Māori and English). Parliamentary Counsel Office. 14 October 1999. Retrieved 18 February 2015.
  43. ^ a b "Pouakani Claims Settlement Act 2000". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  44. ^ a b "Te Uri o Hau Claims Settlement Act 2002". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  45. ^ "Ngati Ruanui Claims Settlement Act 2003". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  46. ^ "Ngati Tama Claims Settlement Act 2003". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  47. ^ a b "Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  48. ^ "Ngāti Awa Claims Settlement Act 2005". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  49. ^ "Te Arawa Lakes Settlement Act 2006". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  50. ^ "Rotorua Te Arawa Lakes Strategy Group". Bay of Plenty Regional Council | Toi Moana. Retrieved 6 February 2022.
  51. ^ "Ngāti Mutunga Claims Settlement Act 2006". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  52. ^ "Te Roroa Claims Settlement Act 2008". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  53. ^ "Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  54. ^ "Largest ever Treaty deal 'Treelords' passes into law". The New Zealand Herald. 25 September 2008. Archived from the original on 22 May 2011. Retrieved 25 September 2008.
  55. ^ "Central North Island Forests Land Collective Settlement Act 2008". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  56. ^ "Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  57. ^ "Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  58. ^ "Ngāti Apa (North Island) Claims Settlement Act 2010". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  59. ^ "Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  60. ^ a b c "Ngāti Manawa Deed of Settlement summary". Te Kāwanatanga o Aotearoa New Zealand Government. 17 November 2020.
  61. ^ "Ngāti Manawa Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  62. ^ "Ngāti Whare Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  63. ^ "Ngāti Pāhauwera Treaty Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  64. ^ "Ngati Porou Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  65. ^ "Maraeroa A and B Blocks Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  66. ^ "Ngāti Mākino Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  67. ^ "Rongowhakaata Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  68. ^ "Ngai Tāmanuhiri Claims Settlement Act 2012". legislation.govt.nz. Archived from the original on 19 February 2015. Retrieved 18 February 2015.
  69. ^ Ngāti Whātua o Kaipara Claims Settlement Act 2013 (Public Act). Parliamentary Counsel Office. 12 June 2013. Retrieved 25 November 2024.
  70. ^ Raukawa Claims Settlement Act 2014 (Public Act). Parliamentary Counsel Office. 31 July 2014. Retrieved 25 November 2024.
  71. ^ Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (Public Act). Parliamentary Counsel Office. 31 July 2014. Retrieved 25 November 2024.
  72. ^ a b "Find a Treaty settlement". Te Kāwanatanga o Aotearoa New Zealand Government.
  73. ^ a b c d e f g h i j k l "Recent Treaty settlements". Te Kāwanatanga o Aotearoa New Zealand Government. Archived from the original on 15 May 2021. Retrieved 2 May 2021.
  74. ^ "Maniapoto Claims Settlement Bill". www.parliament.nz. 16 December 2021. Retrieved 5 February 2022.
  75. ^ Little, Andrew (25 November 2022). "Ngāti Mutunga o Wharekauri and the Crown sign Agreement in Principle". Beehive.govt.nz. New Zealand Government. Archived from the original on 26 November 2022. Retrieved 2 December 2022.
  76. ^ Smith, Anneke (25 November 2022). "Chatham Islands iwi sign treaty settlement agreement". Radio New Zealand. Archived from the original on 28 November 2022. Retrieved 2 December 2022.
  77. ^ "Te Paparahi o Te Raki (Northland)". Waitangi Tribunal. 19 June 2017. Archived from the original on 23 January 2018. Retrieved 20 August 2017.
  78. ^ Paul Moon (2002) Te Ara Ki Te Tiriti: The Path to the Treaty of Waitangi
  79. ^ a b "Ngapuhi 'never gave up sovereignty'". The Northland Age. 18 November 2014. Archived from the original on 16 February 2015. Retrieved 16 February 2015.
  80. ^ Report on Stage 1 of the Te Paparahi o Te Raki inquiry, Waitangi Tribunal (November 2014), page 23 https://waitangitribunal.govt.nz/assets/WT-Part-1-Report-on-stage-1-of-the-Te-Paparahi-o-Te-Raki-inquiry.pdf
  81. ^ a b Simon, Hemopereki (2017). "Te Arewhana Kei Roto i Te Rūma: An Indigenous Neo-Disputatio on Settler Society, Nullifying Te Tiriti, 'Natural Resources' and Our Collective Future in Aotearoa New Zealand". Te Kaharoa. 9 (1). Archived from the original on 9 October 2018. Retrieved 12 October 2018.
  82. ^ Ngāpuhi Speaks: Independent Report on Ngāpuhi Nui Initial Inquiry into He Wakaputanga and Te Tiriti O Waitangi. Kaitaia: Te Kawariki and Network Waitangi Whangarei Inc. 2012.
  83. ^ Williams, David V. (1 December 2021). "Justiciability and Tikanga: Towards "Soft Legal Constitutionalism". New Zealand Universities Law Review. 29 (4): 649–674.
  84. ^ Derby, Mark (20 June 2012). "Fiscal envelope protest, 1995". Te Ara - the Encyclopedia of New Zealand. New Zealand Ministry for Culture and Heritage Te Manatu Taonga. Retrieved 5 December 2022.
  85. ^ Hill, Richard S. (2009). "The 'Fiscal Envelope' and its Consequences". NZETC. Retrieved 5 December 2022.
  86. ^ "Understanding Relativity". Te Rūnanga o Ngāi Tahu. Retrieved 5 December 2022.
  87. ^ Fyers, Andy (2 August 2018). "The amount allocated to Treaty of Waitangi settlements is tiny, compared with other Government spending". Stuff. Retrieved 5 December 2022.
  88. ^ "The Waitangi Tribunal: a brief summary". Network Waitangi Ōtautahi. 10 March 2020. Retrieved 5 December 2022.
  89. ^ ""Victimcrats" and the "Wellington Problem"" (Press release). New Zealand First. 7 March 2002. Archived from the original on 12 July 2003. Retrieved 15 August 2006.
  90. ^ ACT Party (c. 2005). "ACT on The Treaty of Waitangi and Māori Affairs". Archived from the original on 18 May 2006. Retrieved 15 August 2006.
  91. ^ Newman, Muriel (c. 2005). "ACT's once radical policies are now determining the future of New Zealand". Retrieved 15 August 2006. [dead link‍]
  92. ^ a b Hill, Richard S (2012). "Problems for treaty settlements". Te Ara - the Encyclopedia of New Zealand. Retrieved 8 February 2022.
  93. ^ "One New Zealand Foundation Inc". onenzfoundation.co.nz. Archived from the original on 4 April 2019. Retrieved 10 April 2019.
  94. ^ "Brownlee suspicious about settlement timing" (Press release). National Party. 5 September 2005. Archived from the original on 13 November 2005. Retrieved 15 August 2006.
  95. ^ Mapp, Wayne (1 March 2005). "Ngāti Awa Claims Settlement Bill in Committee Speech". Hansard. Retrieved 15 August 2006. [dead link‍]
  96. ^ Berry, Ruth; Stokes, Jon (1 September 2005). "Call for bigger treaty settlements". The New Zealand Herald. Archived from the original on 17 March 2016. Retrieved 15 August 2006.
  97. ^ "Largest ever Treaty deal 'Treelords' passes into law". The New Zealand Herald. 25 September 2008. Archived from the original on 22 May 2011. Retrieved 19 November 2008.
  98. ^ "Waitangi Tribunal's Hauraki treaty settlement criticisms a step forward - iwi". RNZ. 18 December 2019. Retrieved 8 February 2022.
  99. ^ Te Aho, Linda (2017). "The false generosity of treaty settlements: Innovation and contortion". In Erueti, Andrew (ed.). International indigenous rights in Aotearoa New Zealand. Wellington, New Zealand: Victoria University Press. pp. 99–117. ISBN 978-1776560486.
  100. ^ McDowell, Tiopira, Diverting the Sword of Damocles: Why did the Crown Choose to Settle Māori Historical Treaty Claims? (2018) Australian Journal of Politics and History 64:4
  101. ^ Jones, Carwyn (2017). New Treaty, New Tradition: Reconciling New Zealand and Maori Law. Vancouver: UBC Press. ISBN 9780774831697.

Further reading

edit
edit
Retrieved from "https://en.wikipedia.org/w/index.php?title=Treaty_of_Waitangi_claims_and_settlements&oldid=1262756740"
  NODES
Association 1
chat 2
innovation 2
INTERN 2
Note 1