Extracts from the Tuwharetoa Settlement Bill
“The Crown acknowledges that:
its military forces partook in looting at Tokaanu in the aftermath of the fighting at Tauranga-Taupo and Tokaanu in 1869, and engaged in tactics that damaged and depleted some of Ngāti Tūwharetoa’s kāinga and cultivations; and
a number of Ngāti Tūwharetoa lost their lives during the battle at Te Pōrere in 1869; and
it constrained the movement of Horonuku Te Heuheu Tukino IV and his whānau at Pākōwhai in Napier from October 1869 to July 1870, where he was kept under the surveillance of Hawke’s Bay chiefs following his surrender after his involvement alongside Te Kooti in the battle of Te Pōrere
Land Courrt
it did not consult Ngāti Tūwharetoa before introducing land laws in the 19th century that established the Native Land Court and provided for the individualisation of Māori land holdings that had previously been held in tribal tenure; and
between 1865 and 1873 the native land laws provided for legal ownership of Māori land to be awarded to a maximum of 10 individuals who were legally able to treat this land as their property. The native land laws did not prevent the alienation of land awarded under these provisions without the consent of the wider community of owners. This meant the operation of the native land laws did not meet the Crown’s obligations to actively protect Ngāti Tūwharetoa interests and breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
Tongariro National Park
The Crown acknowledges the profound significance of Tongariro Maunga to Ngāti Tūwharetoa. The Crown also acknowledges that through his tuku in 1887, Horonuku Te Heuheu Tukino IV sought to create a shared responsibility with the Crown to protect and preserve the mountains for Ngāti Tūwharetoa, for other iwi, and for all New Zealanders. The Crown further acknowledges that:
Horonuku intended to retain Ngāti Tūwharetoa’s mana in relation to the maunga by entering into a partnership with the Queen, and not to make an unconditional gift; however, legal ownership of the mountains was vested solely in the Crown and it has not always honoured its reciprocal obligations; and
this began a process whereby Ngāti Tūwharetoa’s authority over the taonga and their ability to exercise their kaitiakitanga has been greatly reduced. In particular, the Crown acknowledges that legislation for the governance of Tongariro National Park failed to maintain a regime that reflected the spirit of the 1887 tuku
“Tokaanu Native Township:
The Crown acknowledges that it compulsorily took 135 acres, including Maunganamu and Mārakerake Springs, for use as roads and public reserves in Tokaanu Township under the provisions of the Native Townships Act, which did not require the Crown to pay compensation for these takings; and
it converted a number of leases of Ngāti Tūwharetoa-owned land at Tokaanu to perpetual leases without the consent of Ngāti Tūwharetoa; and
much of it was flooded after hydro-electric power developments in the 1940s, and parts of it were transformed into a swamp of no economic value; and
its attempt to establish the township was a failure.
For the full Bill Digest and link to the Bill itself https://www.parliament.nz/en/pb/bills-and-laws/bills-digests/document/51PLLaw25291/ng%C4%81ti-t%C5%ABwharetoa-claims-settlement-bill-2017-bills-digest
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