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

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] It was preceded by the Declaration of Independence or He Whakaputanga signed in 1835, where some North Island Māori proclaimed the country of New Zealand to an international audience as an independent state with full sovereign power and authority held with Māori chiefs (rangatira).^{[3][clarification needed]}

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.^[4][5] 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.^[3] 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.^[6][7] Only 39 signed the English version after the Māori language version was read to them.^[8]

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.^[9]

Early settlements and claims

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.^[10][11] Between the 1870s and the 1990s almost every Ngāi Tahu leader was actively pursuing the Ngāi Tahu claim in Parliament.^[10]

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.^[12] 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.^[13]

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 Court alienating Māori land from its Māori owners.^[14]

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.^[15] 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.^[16][17]

In 1985 the Fourth Labour Government extended the Tribunal's powers to allow it to consider Crown actions dating back to 1840,^[18] 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.^[19]

Typically a negotiated Treaty settlement has 'agreed historical account, Crown acknowledgements of Treaty breach, and a Crown apology' and legal extinguishment of all claims.^[20] 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.^[21]

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"^[22] 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.^[23] 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.^[24]

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.^[21] 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.^[21] 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."^[21] In 2018 the Post Settlement Commitment Unit was incorporated into a new Crown agency Te Arawhiti (Office for Māori Crown Relations).^[21][25] 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.^[26]

Settlements of the 1990s

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.^[27] This settlement was undertaken under the leadership of the Hon. Matiu Rata and Dr. George Habib.^[28]

Waikato Tainui Raupatu

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

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.^[29] 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.^[30] 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

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,^[31] 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.^[32]

By July 2008, there were 23 settlements of various sizes.^[33] 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.^[34]

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.^[35]

List of Treaty Settlements

This list is incomplete; you can help by adding missing items. (February 2022)

Zdroj:https://en.wikipedia.org?pojem=Treaty_of_Waitangi_claims_and_settlements
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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[36]	[37]
Ngāti Rangiteaorere		1993	Reserves and Other Lands Disposal Act 1993	Te Ngae Mission Farm, Tikitere	[38]
Hauai		1993	Reserves and Other Lands Disposal Act 1995		[39]
Ngati Whakaue		1994
Waikato – Tainui Raupatu		1995	Waikato Raupatu Claims Settlement Act 1995[40]	NZ$170 million[36]	[40]
Waimakuku		1995
Rotoma		1996
Te Maunga		1996
Ngāi Tahu		1997	Ngāi Tahu Claims Settlement Act 1998[41][42]	NZ$170 million[36] Second major settlement[30]	[1]: 2
Ngati Turangitukua		1998	Ngāti Tūrangitukua Claims Settlement Act 1999[43]		[43]
Pouakani		1999	Pouakani Claims Settlement Act 2000[44]	NZ$2 million[30]	[44]
Te Uri o Hau		2000	Te Uri o Hau Claims Settlement Act 2002[45]		[45]
Ngati Ruanui		2001	Ngati Ruanui Claims Settlement Act 2003[46]
Ngati Tama		2001	Ngati Tama Claims Settlement Act 2003[47]
Ngati Awa (including ancillary claims)	1988[48]	2003	Ngāti Awa Claims Settlement Act 2005[49]	NZ$42.3 million[36] Through Ngāti Manawa and Ngāti Whare settlements membership of Rangitāiki Rover Forum[30]
Ngati Tuwharetoa (Bay of Plenty)		2003	Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005[48]
Nga Rauru Kitahi		2003
Te Arawa (Lakes)		2004	Te Arawa Lakes Settlement Act 2006[50]	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)[30][51]
Ngati Mutunga		2005	Ngāti Mutunga Claims Settlement Act 2006[52]
Te Roroa		2005	Te Roroa Claims Settlement Act 2008[53]
Te Arawa Affiliate Iwi and hapū		2008	Affiliate Te Arawa Iwi and hapū Claims Settlement Act 2008[54]
Central North Island Forests Iwi Collective[55]		2008	Central North Island Forests Land Collective Settlement Act 2008[56]	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[30]
Taranaki Whanui ki Te Upoko o Te Ika		2008	Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009[57]
Waikato-Tainui		2009	Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010[58]
Ngāti Apa			Ngāti Apa (North Island) Claims Settlement Act 2010[59]
			Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011[60]
Ngāti Manawa	2003[61]	2009[61]	Ngāti Manawa Claims Settlement Act 2012[62]	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)[61]
Ngāti Whare		2009	Ngāti Whare Claims Settlement Act 2012[63]
Ngāti Pāhauwera		2010	Ngāti Pāhauwera Treaty Claims Settlement Act 2012[64]
Ngāti Porou		2010	Ngati Porou Claims Settlement Act 2012[65]	NZ$90 million[36] including Crown forestry rental and cultural redress[30]
			Maraeroa A and B Blocks Claims Settlement Act 2012[66]
Ngāti Mākino		2011	Ngāti Mākino Claims Settlement Act 2012[67]
			Rongowhakaata Claims Settlement Act 2012[68]
Ngai Tāmanuhiri		2011	Ngai Tāmanuhiri Claims Settlement Act 2012[69]
Te Aupōuri		2012	2015	Te Oneroa-a-Tōhē/Ninety Mile Beach Co-Governance	[30]
Raukawa		2012	2014		[30]
Ngāti Ranginui		2012	-		[30]
Tāmaki Makaurau Collective		2012	2014		[30]
Ngāti Whare		2012	Ngāti Whare Settlement Claims Act 2012
Ahuriri Hapū		2016			[70]
Central Whanganui (Te Korowai o Wainuiārua)		2018			[70]
Ngāti Maru (Taranaki)		2020			[71]
Ngāti Maniapoto		2020			[71]
Waikato-Tainui terms of negotiation		2020			[71]
Ngāti Rangitihi		2020			[71]
Ngāti Ruapani		2020			[71]
Te Ākitai Waiohua	2011	2021			[71]
Ngāti Maru (Taranaki)		2021			[71]
Ngāti Paoa		2021			[71]
Mōkai Pātea		2021			[71]
Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua		2021			[71]
Maniapoto		2021		A Maniapoto Claims Settlement Bill was published in 2021[72]