Treaty of Waitangi claims and settlements
Encyclopedia
Treaty of Waitangi claims and settlements have been a significant feature of New Zealand race relations and politics since 1975. Over the last 30 years, New Zealand governments have increasingly provided formal legal and political opportunity for Māori to seek redress for breaches by the Crown of the 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 from a number of angles, from those who believe that the redress is insufficient to compensate for Māori losses, to those who see no value in revisiting painful and contentious historical issues. The settlements are typically seen as part of a broader Māori Renaissance
.
Because the Treaty of Waitangi has limited legal standing in itself, the primary means of registering and researching Treaty claims is through the Waitangi Tribunal
. The primary means of settling those claims is through negotiations with the government of the day.
The Treaty of Waitangi
is often considered to be the founding document for European (Pākehā
) settlement in New Zealand. It guaranteed to Māori the right to keep their lands, forests, fisheries and all their treasures, but they would hand sovereignty in the English
version, and governorship in the Māori version, over to the Crown
and would also be able to sell only to the Crown. Initially, there was little dispute, as the settlers were able to buy land from the Māori through legal channels. However, after a while, Māori became disillusioned and less willing to sell, while the Crown came under increasing pressure from settlers wishing to buy. Consequently, government land agents were involved in a number of dubious land purchases. Agreements were negotiated with only one owner of tribally owned land and in some cases land was purchased from the wrong people altogether. Unrest and rebellion caused by these actions were met with further punitive land confiscations. Eventually this led to the New Zealand Wars, which culminated in the confiscation of a large part of the Waikato
and Taranaki.
whose land had been confiscated or otherwise fraudulently obtained in the previous century, and many were found to be valid. By the 1940s, settlements in the form of modest annual payments had been arranged with some iwi. However, iwi 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 iwi to declare their claims settled.
alienating Māori land from its Māori owners.
In 1975 the Treaty of Waitangi Act established the Waitangi Tribunal to hear claims of Crown violations of the Treaty of Waitangi, to address those concerns. 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. 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.
In 1985 the Fourth Labour Government extended the Tribunal's powers to allow it to consider Crown actions dating back to 1840, 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.
was established in the Ministry of Justice to develop government policy on historical claims. In 1995, the government developed the "Crown Proposals for the Settlement of Treaty of Waitangi Claims" to attempt to address the issues. 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 such a limitation in advance of the extent of claims being fully known. The concept of the fiscal envelope was subsequently dropped after the 1996 general election
.
Despite the protest, three major settlements were reached during this time. 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.
-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, delivered by Queen Elizabeth II
in person during her 1995 visit to New Zealand. The Crown apologised for the Invasion of the Waikato
and the subsequent indiscriminate confiscation of land.
'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. 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.
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 Maori tribes signed an agreement relating to Crown forest land that was dubbed "Treelords" by the media, because of perceived similarities to the Sealords deal of the 1990s. Like Sealords, 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 Hapu 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.
As at July 2008, there have been 23 settlements (counting the above) of various sizes. Except as noted above, settlements generally include financial redress, a formal Crown apology for breaches of the Treaty, and recognition of the group's cultural associations with various sites.
In November 2008, Chris Finlayson
, a Wellington based lawyer with experience in Treaty claims, was appointed Minister for Treaty Negotiations following the National Party
victory in the 2008 election
.
As well as the much publicized land and financial compensation, many of these later settlements included changing the official placenames. This has introduced significant numbers of macrons into official New Zealand placenames for the first time.
, who is Māori, while there have been a number of Pākehā pro-Treaty groups.
However, during the 1990s there was broad agreement between major political parties that the settlement of historical claims was appropriate, within the confines of the government's policy to limit impact on private landowners and access to conservation land. Legislation enacting Treaty settlements was passed by Parliament with an overwhelming majority. On the claimants' side, support for a settlement was expressed through ratification among adult members of a tribe, in contrast with the early settlement attempts of the 1940s.
Over time, the consensus on the part of politicians has frayed. Winston Peters has critiqued the increasing number of claims registered at the Waitangi Tribunal
, a result of the law which allows any Māori to lodge a claim, and suggested that a "Treaty of Waitangi Gravy Train" has formed around the claims process. The ACT party has echoed that criticism - despite stating that "claims should be promptly settled where land was unlawfully taken or improperly compensated, if we can identify the descendants of those who were wronged", they have never voted in support of Treaty settlement legislation, and coined the phrase "Treaty of Waitangi Grievance Industry", to describe the participants in the settlement process.
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, and that settlement legislation is giving inappropriate weight to the spiritual beliefs of Māori.
The Māori Party
and Green Party both criticise 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 hapu, and that settlement redress is too parsimonious.
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.
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
. While it has resulted in putting to rest a number of significant longstanding grievances, the process has been subject to criticisms from a number of angles, from those who believe that the redress is insufficient to compensate for Māori losses, to those who see no value in revisiting painful and contentious historical issues. The settlements are typically seen as part of a broader Māori Renaissance
Maori Renaissance
The term Māori Renaissance refers to the revival in fortunes of the Māori of New Zealand in the latter half of the twentieth century. During this period, the perception of Māori went from being that of a dying race to being politically, culturally artistically and artistically ascendant.The...
.
Because the Treaty of Waitangi has limited legal standing in itself, the primary means of registering and researching Treaty claims is through the Waitangi Tribunal
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
. The primary means of settling those claims is through negotiations with the government of the day.
History of the Treaty
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
is often considered to be the founding document for European (Pākehā
Pakeha
Pākehā is a Māori language word for New Zealanders who are "of European descent". They are mostly descended from British and to a lesser extent Irish settlers of the nineteenth and twentieth centuries, although some Pākehā have Dutch, Scandinavian, German, Yugoslav or other ancestry...
) settlement in New Zealand. It guaranteed to Māori the right to keep their lands, forests, fisheries and all their treasures, but they would hand sovereignty in the English
New Zealand English
New Zealand English is the dialect of the English language used in New Zealand.The English language was established in New Zealand by colonists during the 19th century. It is one of "the newest native-speaker variet[ies] of the English language in existence, a variety which has developed and...
version, and governorship in the Māori version, over to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
and would also be able to sell only to the Crown. Initially, there was little dispute, as the settlers were able to buy land from the Māori through legal channels. However, after a while, Māori became disillusioned and less willing to sell, while the Crown came under increasing pressure from settlers wishing to buy. Consequently, government land agents were involved in a number of dubious land purchases. Agreements were negotiated with only one owner of tribally owned land and in some cases land was purchased from the wrong people altogether. Unrest and rebellion caused by these actions were met with further punitive land confiscations. Eventually this led to the New Zealand Wars, which culminated in the confiscation of a large part of the Waikato
Waikato
The Waikato Region is a local government region of the upper North Island of New Zealand. It covers the Waikato, Hauraki, Coromandel Peninsula, the northern King Country, much of the Taupo District, and parts of Rotorua District...
and Taranaki.
Early settlements
In the 1920s, land commissions investigated the grievances of iwiIwi
In New Zealand society, iwi form the largest everyday social units in Māori culture. The word iwi means "'peoples' or 'nations'. In "the work of European writers which treat iwi and hapū as parts of a hierarchical structure", it has been used to mean "tribe" , or confederation of tribes,...
whose land had been confiscated or otherwise fraudulently obtained in the previous century, and many were found to be valid. By the 1940s, settlements in the form of modest annual payments had been arranged with some iwi. However, iwi came to consider the amounts to be inadequate, especially as inflation
Inflation
In economics, inflation is a rise in the general level of prices of goods and services in an economy over a period of time.When the general price level rises, each unit of currency buys fewer goods and services. Consequently, inflation also reflects an erosion in the purchasing power of money – a...
eroded their value, and the Crown has conceded that it did not sufficiently seek the agreement of iwi to declare their claims settled.
The Waitangi Tribunal
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 CourtMaori Land Court
The Māori Land Court is the specialist court in New Zealand that hears matters relating to Māori land.The Māori Land Court was established in 1865 as the Native Land Court. In 1954, the name was changed to the Māori Land Court...
alienating Māori land from its Māori owners.
In 1975 the Treaty of Waitangi Act established the Waitangi Tribunal to hear claims of Crown violations of the Treaty of Waitangi, to address those concerns. 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. As a result of the Tribunal's report into the claim, in 1987 the government made Te Reo Māori
Maori language
Māori or te reo Māori , commonly te reo , is the language of the indigenous population of New Zealand, the Māori. It has the status of an official language in New Zealand...
an official language of New Zealand, and established the Maori Language Commission
Maori Language Commission
New Zealand's Māori Language Commission is an autonomous crown entity set up under the Māori Language Act 1987 with the following functions:...
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.
In 1985 the Fourth Labour Government extended the Tribunal's powers to allow it to consider Crown actions dating back to 1840, 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.
Settlements of the 1990s
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 SettlementsOffice of Treaty Settlements
The Office of Treaty Settlements is an office within the Ministry of Justice tasked with negotiating treaty settlements...
was established in the Ministry of Justice to develop government policy on historical claims. In 1995, the government developed the "Crown Proposals for the Settlement of Treaty of Waitangi Claims" to attempt to address the issues. 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
Hui (Maori assembly)
A hui is a New Zealand term for a social gathering or assembly.Originally a Māori language word, it was used by Europeans as early as 1846 when referring to Māori gatherings - but is now increasingly used in New Zealand English to describe events that are not exclusively Māori....
around the country, at which Māori vehemently rejected such a limitation in advance of the extent of claims being fully known. The concept of the fiscal envelope was subsequently dropped after the 1996 general election
New Zealand general election, 1996
The 1996 New Zealand general election was held on 12 October 1996 to determine the composition of the 45th New Zealand Parliament. It was notable for being the first election to be held under the new Mixed Member Proportional electoral system, and produced a parliament considerably more diverse...
.
Despite the protest, three major settlements were reached during this time. The Minister of Justice and Treaty Negotiations at the time, Sir Douglas Graham
Doug Graham
Sir Douglas Arthur Montrose "Doug" Graham KNZM is a former New Zealand politician. He was an MP from 1984 to 1999, representing the National Party.-Early life:...
, is credited with leading a largely conservative National government
Fourth National Government of New Zealand
The Fourth National Government of New Zealand was the government of New Zealand from 2 November 1990 to 27 November 1999. Following in the footsteps of the previous Labour government, the fourth National government embarked on an extensive programme of spending cuts...
to make these breakthroughs.
Sealord
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.Waikato Tainui Raupatu
The first major settlement of historical confiscation, or raupatu, claims was agreed in 1995. WaikatoWaikato (iwi)
Waikato is a Māori iwi from the Waikato region of the North Island of New Zealand. Actually a confederation of smaller tribes, it is also part of the larger confederation of Tainui, consisting of tribes descended from Polynesian migrants who arrived in New Zealand on the Tainui canoe...
-Tainui
Tainui
Tainui is a tribal waka confederation of New Zealand Māori iwi. The Tainui confederation comprises four principal related Māori iwi of the central North Island of New Zealand: Hauraki, Ngāti Maniapoto, Ngāti Raukawa and Waikato...
'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, delivered by Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
in person during her 1995 visit to New Zealand. The Crown apologised for the Invasion of the Waikato
Invasion of the Waikato
The Invasion of Waikato or Kingitanga Suppression Movement was a campaign during the middle stages of the New Zealand Wars, fought in the North Island of New Zealand from July 1863 to April 1864 between the military forces of the Colonial Government and a federation of Māori tribes known as the...
and the subsequent indiscriminate confiscation of land.
Ngāi Tahu
Ngāi TahuNgāi Tahu
Ngāi Tahu, or Kāi Tahu, is the principal Māori iwi of the southern region of New Zealand, with the tribal authority, Te Rūnanga o Ngāi Tahu, being based in Christchurch and Invercargill. The iwi combines three groups, Kāi Tahu itself, and Waitaha and Kāti Mamoe who lived in the South Island prior...
's claims covered a large proportion of the South Island
South Island
The South Island is the larger of the two major islands of New Zealand, the other being the more populous North Island. It is bordered to the north by Cook Strait, to the west by the Tasman Sea, to the south and east by the Pacific Ocean...
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. 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
Aoraki/Mount Cook
Aoraki / Mount Cook is the highest mountain in New Zealand, reaching .It lies in the Southern Alps, the mountain range which runs the length of the South Island. A popular tourist destination, it is also a favourite challenge for mountain climbers...
, and returned to Ngāi Tahu to be gifted back to the people of New Zealand.
Settlements of the 2000s
The process of negotiating historical claims continued after the 1999 electionNew Zealand general election, 1999
The 1999 New Zealand general election was held on 27 November 1999 to determine the composition of the 46th New Zealand Parliament. The governing National Party, led by Prime Minister Jenny Shipley, was defeated, being replaced by a coalition of Helen Clark's Labour Party and the smaller Alliance...
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
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
Minister of Treaty Negotiations was Margaret Wilson
Margaret Wilson
Dame Margaret Wilson DCNZM is a New Zealand academic and former politician. She was Speaker of the New Zealand House of Representatives during the Fifth Labour Government of New Zealand. She is a member of the Labour Party.-Early life:...
. On her appointment as Speaker of the House
Speaker of the New Zealand House of Representatives
In New Zealand the Speaker of the House of Representatives is the individual who chairs the country's legislative body, the New Zealand House of Representatives...
in early 2005, she was followed in the role by Mark Burton
Mark Burton
Richard Mark Burton is a New Zealand politician. He is a member of the Labour Party. He served as Minister of Defence; Minister of Justice; Minister of Local Government; Minister in Charge of Treaty of Waitangi Negotiations; Deputy Leader of the House; and the Minister Responsible for the Law...
. He was replaced by Deputy Prime Minister Michael Cullen in November 2007.
In June 2008, the Crown and representatives from seven Maori tribes signed an agreement relating to Crown forest land that was dubbed "Treelords" by the media, because of perceived similarities to the Sealords deal of the 1990s. Like Sealords, 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 Hapu 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$223 million.
As at July 2008, there have been 23 settlements (counting the above) of various sizes. Except as noted above, settlements generally include financial redress, a formal Crown apology for breaches of the Treaty, and recognition of the group's cultural associations with various sites.
In November 2008, Chris Finlayson
Chris Finlayson
Christopher Francis Finlayson is a New Zealand lawyer, politician and Member of Parliament, representing the National Party. He is a Cabinet minister and the Attorney-General of New Zealand...
, a Wellington based lawyer with experience in Treaty claims, was appointed Minister for Treaty Negotiations following the National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
victory in the 2008 election
New Zealand general election, 2008
The 2008 New Zealand general election was held on 8 November 2008 to determine the composition of the 49th New Zealand parliament. The conservative National Party, headed by its Parliamentary leader John Key, won a plurality of votes and seats, ending 9 years of government dominated by the social...
.
As well as the much publicized land and financial compensation, many of these later settlements included changing the official placenames. This has introduced significant numbers of macrons into official New Zealand placenames for the first time.
List of Treaty Settlements
| Claimant Group | Year Settled | Value of Settlement (NZ$) |
|---|---|---|
| Fisheries (known as the "Sealord" deal) | 1992 | 170,000,000 |
| Ngati Rangiteaorere | 1993 | 760,000 |
| Hauai | 1993 | 715,682 |
| Ngati Whakaue Ngati Whakaue Ngāti Whakaue is a Māori iwi of New Zealand. The tribe lives in the Rotorua district and descends from the Arawa waka. The Ngāti Whakaue chief Pukaki is depicited on the New Zealand 20 cent coin.*... |
1994 | 5,210,000 |
| Waikato - Tainui Tainui Tainui is a tribal waka confederation of New Zealand Māori iwi. The Tainui confederation comprises four principal related Māori iwi of the central North Island of New Zealand: Hauraki, Ngāti Maniapoto, Ngāti Raukawa and Waikato... Raupatu |
1995 | 170,000,000 |
| Waimakuku | 1995 | 375,000 |
| Rotoma | 1996 | 43,931 |
| Te Maunga | 1996 | 129,032 |
| Ngai Tahu Ngai Tahu Ngāi Tahu, or Kāi Tahu, is the principal Māori iwi of the southern region of New Zealand, with the tribal authority, Te Rūnanga o Ngāi Tahu, being based in Christchurch and Invercargill. The iwi combines three groups, Kāi Tahu itself, and Waitaha and Kāti Mamoe who lived in the South Island prior... |
1997 | 170,000,000 |
| Ngati Turangitukua Ngati Turangitukua Ngāti Tūrangitukua are a hapu of the Ngati Tuwharetoa iwi. Ngāti Tūrangitukua are the major hapu of the Turangi area. In 1998, they received an apology and NZ$5,000,000 from the Crown as settlement for claims relating to the Treaty of Waitangi.... |
1998 | 5,000,000 |
| Pouakani | 1999 | 2,000,000 |
| Te Uri o Hau | 2000 | 15,600,000 |
| Ngati Ruanui Ngati Ruanui Ngāti Ruanui is a Māori iwi traditionally based in the Taranaki region of New Zealand. In the 2006 census, 7,035 people claimed affiliation to the iwi. However, most members now live outside the traditional areas of the iwi.-Early history:... |
2001 | 41,000,000 |
| Ngati Tama | 2001 | 14,500,000 |
| Ngati Awa Ngati Awa Ngāti Awa is a Māori iwi centred in the eastern Bay of Plenty Region of New Zealand.Ngāti Awa comprises 22 hapu , with 15,258 people claiming affiliation to the iwi in 2006. The Ngāti Awa people are primarily located in towns on the Rangitaiki Plain, including Whakatane, Kawerau, Edgecumbe, Te... (including ancillary claims) |
2003 | 43,390,000 |
| Ngati Tuwharetoa Ngati Tuwharetoa Ngāti Tūwharetoa is an iwi descended from Ngātoro-i-rangi, the priest who navigated the Arawa canoe to New Zealand. The Tūwharetoa region extends from Te Awa o te Atua at Matata across the central plateau of the North Island to the lands around Mount Tongariro and Lake Taupo.The iwi is identified... (Bay of Plenty) |
2003 | 10,500,000 |
| Nga Rauru Kitahi | 2003 | 31,000,000 |
| Te Arawa (Lakes) | 2004 | 2,700,000 |
| Ngati Mutunga Ngati Mutunga Ngāti Mutunga is a Māori iwi of New Zealand. Their tribal lands are in north Taranaki, with the principal marae being at Urenui.Prominent leader and anthropologist Te Rangi Hīroa was of Ngāti Mutunga descent.-External links:*... |
2005 | 14,900,000 |
| Te Roroa Te Roroa Te Roroa is a Māori iwi from Northland, New Zealand.... |
2005 | 9,500,000 |
| Te Arawa Te Arawa Te Arawa is a confederation of Māori iwi and hapu based in the Rotorua and Bay of Plenty areas of New Zealand, with a population of around 40,000.The history of the Te Arawa people is inextricably linked to the Arawa canoe... Affiliate Iwi and Hapu |
2008 | 38,600,000 |
| Central North Island Forests Iwi Collective (Known as the "Treelords" deal) | 2008 | 161,000,000 |
| Taranaki Whanui ki Te Upoko o Te Ika | 2008 | 45,159,000 |
| Total settlements: | 952,082,645 | |
Criticisms
The Treaty settlement process has attracted criticisms from across the political spectrum since it began. As noted above, Māori were concerned that the level of redress provided was too low, and that the settlement process was subject to too much Crown control. Conservationists were concerned about the impact of claims to conservation land, and many Pākehā were concerned that settlements would directly affect them. Public Access New Zealand and the One New Zealand Foundation http://www.onenzfoundation.co.nz/ respectively were lobby groups formed to represent these views. In general, those who feel that the Treaty claims process has gone too far are Pākehā, while those who believe it does not go far enough are Māori. However there are some exceptions on both sides: the politician who has perhaps been most prominent in arguing against the Treaty is Winston PetersWinston Peters
Winston Raymond Peters is a New Zealand politician and leader of New Zealand First, a political party he founded in 1993. Peters has had a turbulent political career since entering Parliament in 1978. He served as Minister of Maori Affairs in the Bolger National Party Government before being...
, who is Māori, while there have been a number of Pākehā pro-Treaty groups.
However, during the 1990s there was broad agreement between major political parties that the settlement of historical claims was appropriate, within the confines of the government's policy to limit impact on private landowners and access to conservation land. Legislation enacting Treaty settlements was passed by Parliament with an overwhelming majority. On the claimants' side, support for a settlement was expressed through ratification among adult members of a tribe, in contrast with the early settlement attempts of the 1940s.
Over time, the consensus on the part of politicians has frayed. Winston Peters has critiqued the increasing number of claims registered at the Waitangi Tribunal
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
, a result of the law which allows any Māori to lodge a claim, and suggested that a "Treaty of Waitangi Gravy Train" has formed around the claims process. The ACT party has echoed that criticism - despite stating that "claims should be promptly settled where land was unlawfully taken or improperly compensated, if we can identify the descendants of those who were wronged", they have never voted in support of Treaty settlement legislation, and coined the phrase "Treaty of Waitangi Grievance Industry", to describe the participants in the settlement process.
The Orewa Speech
Orewa Speech
The Orewa Speech was a speech delivered by the then-leader of the New Zealand National Party Don Brash to the Orewa Rotary Club on 27 January 2004. It addressed the theme of race relations in New Zealand and in particular the special status of Māori people...
in 2004 saw the National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
for the first time take up the term "Treaty of Waitangi Grievance Industry". National's Māori Affairs spokeswoman Georgina Te Heuheu
Georgina Te Heuheu
Georgina Manunui te Heuheu QSO is a Māori descent of Tūhoe, Tūwharetoa, Te Arawa and Ngāti Awa. MP in the New Zealand National Party and a Cabinet Minister in the New Zealand Government.-Early life:...
, who was Associate Minister to Sir Douglas Graham
Doug Graham
Sir Douglas Arthur Montrose "Doug" Graham KNZM is a former New Zealand politician. He was an MP from 1984 to 1999, representing the National Party.-Early life:...
, was replaced in the role by Gerry Brownlee
Gerry Brownlee
Gerard Anthony "Gerry" Brownlee is a New Zealand politician. He served from 17 November 2003 to 27 November 2006 as deputy-leader of the National Party – during that period the second-largest party in the New Zealand Parliament, and thus forming the core of the Opposition...
. 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, and that settlement legislation is giving inappropriate weight to the spiritual beliefs of Māori.
The Māori Party
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
and Green Party both criticise 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 hapu, and that settlement redress is too parsimonious.
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.
External links
- Key Māori claims - newspaper article
- Labour Party Treaty Policy
- National Party Treaty Policy
- NZ First Party Treaty Policy
- Green Party Treaty Policy
- Māori Party Treaty Policy
- ACT Party Treaty Policy