Kaupapa

Whakatōhea Settlement

The Whakatōhea Settlement is one of the largest and most comprehensive packages negotiated for an Iwi.

Deed of Settlement Signed

Te Whakataunga o Te Raupatu Whenua Deed of Settlement Signed Saturday 27 May 2023.

Exactly 183 years to the day over 500 whānau, manuhiri including Kingi Tūheitia and the wider Ōpōtiki community gathered at Whitikau on the 27th of May 2023 to witness the signing of the Settlement between Te Whakatōhea and the Crown.

We gathered to not just come to witness the pen to paper, but also to hear the Crown acknowledge injustices inflicted on Te Whakatōhea, and to hear the Crown apologise for some of the most horrific acts upon tangata whenua.

Read Te Whakataunga o Te Raupatu Whenua commemorative booklet or view the day in photos shared by the whānau

Ka rangaranga te muri, ka rangaranga te mua: Reconciliation

Crown Apology To Te Whakatōhea

To ngā uri o Te Whakatōhea, to ngā tūpuna and ngā mokopuna.

When Whakatōhea Rangatira signed Te Tiriti o Waitangi/the Treaty of Waitangi, they did so in a spirit of trust and co-operation, with a view to the benefits Treaty partnership could bring to their people. The Crown betrayed that trust by waging war and confiscating Whakatōhea land in a raupatu for which the Crown alone is responsible. The Crown’s actions caused significant loss of life, devastated Whakatōhea communities, created conflict between Whakatōhea hapū and whānau, and led to the loss of mātauranga Whakatōhea which is still felt today.

The Crown apologises to the rangatira who died at its hands. The Crown apologises to ngā uri o Te Whakatōhea, who have lived with economic, cultural and spiritual loss and deprivation as a result of the Crown’s actions. The Crown has failed to uphold its obligations under Te Tiriti o Waitangi/the Treaty of Waitangi and brought dishonour upon itself. For its breaches of te Tiriti o Waitangi/the Treaty of Waitangi, and for the pain it has caused Whakatōhea through its acts and omissions, the Crown is deeply sorry.

The Crown pays tribute to the resilience of ngā uri o Te Whakatōhea, who have strived for justice and fought to retain and rebuild Whakatōheatanga over generations. Through this settlement, the Crown hopes to honour the promise of partnership it made with Whakatōhea in 1840. Let us look forward to a future of prosperity for the people of Whakatōhea and move towards it together in a spirit of good faith, partnership and respect for te Tiriti o Waitangi/the Treaty of Waitangi .

Watch online

Watch the recording of the event online

Rā Maumahara Friday 26 May 2023

The Ra Maumahara was held on the day before the signing. It was the day when whānau embraced photos of their loved ones, shared whakapapa, shed tears, the sorrow and grief as one. It was the day when we came together as Whakatōhea Iwi to memorialise our people, our history, and our journey to Settlement.

Deed of Settlement

The Deed of Settlement is legally binding and represents the full and final agreement to settle the historical breaches by the Crown against Whakatōhea and creates the ongoing basis of the relationship between Whakatōhea and the Crown.

The agreed Deed of Settlement includes the Crown Apology, Cultural Redress and Financial and Commercial redress. Whakatōhea negotiated its Settlement package based on our strategy of Mana Tangata, Mana Whenua and Mana Moana.

Read a summary of the Deed of Settlement.

Whakatōhea Settlement

We have been able to negotiate one of the largest and most comprehensive Settlement packages for an Iwi.

Reserve lands development fund $5,000,000
Cultural revitalisation fund $5,000,000
Te Reo revitalisation fund $1,000,000
Education endowment fund $2,000,000
Marine and harbour development fund $2,000,000
Quantum $85,000,000
TOTAL $100,000,000

Mana Whenua

  • Establishment of the Whakatōhea Kaitiaki Forum
  • The return of whenua totalling 6692ha
  • Whakatōhea Chapter in the BOP Conservation Management Strategy
  • Decision-making Framework and Cultural Materials Plan
  • Right of first refusal over Crown lands and opportunity to purchase properties, including school sites
  • Reserve Land Development Fund (Opape & Hiwarau)
  • Statutory acknowledgements over our awa
  • Return of key cultural sites

Mana Moana

  • 5000ha marine space reserved for aquaculture development
  • Marine and harbour development fund to support resource consent applications and activities around the harbour precinct
  • Participation in Iwi Fisheries Forum
  • Development of Iwi Fisheries Plan
  • Right of First Refusal over species introduced into fisheries quota system

Mana Tangata

  • Historical Account
  • Crown Acknowledgements and Crown Apology
  • Commitments from the Tertiary Education Commission to work with Whakatōhea
  • Education Endowment Fund
  • Te Reo Revitalisation Fund
  • Cultural Revitalisation Fund
  • Relationship Agreements with Government Agencies includes process of engagement after completion of Waitangi Tribunal report

The Whakatōhea Settlement is one of the largest and most comprehensive packages negotiated for an Iwi.

The Whakatōhea Settlement will provide the Iwi with the resources to support the growth of our cultural and economic assets, and the intergenerational wellbeing of our people, our whenua, and our moana.

Our Whakatōhea Settlement includes $100m (and approx. $7.8m in accrued interest), the return of 6692ha of land, the allocation of 5000ha of marine space, and the ability to continue having our claims heard by the Waitangi Tribunal.

The real value of our Settlement lies in the 5000ha of marine space which will create numerous opportunities for our whānau now that the Ōpōtiki harbour development project is underway. Over time we expect the value of the aquaculture business to exceed the financial value of the Settlement.

MANA WHENUA

Mana whenua focuses on the whenua that will be returned to Te Whakatōhea and initiatives that support our kaitiakitanga.

  • Establishment of the Whakatōhea Kaitiaki Forum
  • The return of whenua totalling 6692ha
  • Whakatōhea Chapter in the BOP Conservation Management Strategy
  • Decision-making Framework and Cultural Materials Plan
  • Right of first refusal over Crown lands and opportunity to purchase properties, including school sites
  • Reserve Land Development Fund (Opape & Hiwarau)
  • Statutory acknowledgements over our awa
  • Return of key cultural sites

Whenua

There are a large number of land blocks coming back to Whakatōhea including scenic reserves, conservation areas, and sites of significance. It is important to note how and who manages these land blocks is a discussion for hapū to have post settlement.

The table below outlines where the 6692ha of whenua is.

The Ōpōtiki District Council will also return the following land blocks to Te Whakatōhea. The recreation reserves will continue to be managed by the ODC and we will create a Joint Management Board to manage our respective properties along the Tirohanga dunes.

Kaitiakitanga

We will also be able to express our kaitiakitanga across the water catchments and the conservation estate in our rohe through the following: The Whakatōhea Kaitiaki Forum will be established with representation from all our hapu, EnvBOP, ODC, and a standing invitation to the Department of Conservation. The Whakatōhea Kaitiaki Forum will have a primary focus on maintaining te mauri o te wai and te mana o te wai across the river catchments, with an ability to put into place Joint Management Agreements. The Whakatōhea Chapter in the BOP Conservation Management Strategy informs conservation management across our rohe. Co-authoring this chapter allows us to inform the Department of Conservations management strategy within our rohe. This will also be enhanced by the Relationship Agreement that we have with DOC that ensures we are involved in decision-making around concessions and gives us access to cultural materials. Read more about the whenua coming back to Te Whakatōhea in the Whakatōhea Redress Property Schedule.

Mana Moana

Mana Moana focuses on the sustainability of our moana as well as the opportunity to grow our existing aquaculture initiatives.

  • 5000ha marine space reserved for aquaculture development
  • Marine and harbour development fund to support resource consent applications and activities around the harbour precinct
  • Participation in Iwi Fisheries Forum
  • Development of Iwi Fisheries Plan › Right of First Refusal over species introduced into fisheries quota system

The Settlement will reserve 5000ha of marine space for aquaculture development. This is the first time that marine space has been included in an Iwi Settlement. We have identified two areas, 2000ha in front of the existing mussel farm (Eastern Seafarms 3800ha – 54% owned by Whakatōhea Māori Trust Board) and another 3000ha to the west of the existing farm.

We have already consented 957ha (Ōpōtiki Seafarm – 100% owned by Whakatōhea through Pakihi Trading Company) and have consent applications in place for the remaining space. There is $2m allocated towards supporting the costs of gaining these consents and the harbour development but we have been able to progress these processes in advance by using other Crown funds (PGF).

Mana Tangata

Mana Tangata focuses on initiatives that support the development of our people and culture and will maintain the continued growth of our Iwi.

  • Commitments from the Tertiary Education Commission to work with Whakatōhea
  • Education Endowment Fund
  • Te Reo Revitalisation Fund
  • Cultural Revitalisation Fund
  • Relationship Agreements with Government Agencies includes process of engagement after completion of Waitangi Tribunal report
The Settlement will reserve 5000ha of marine space for aquaculture development. This is the first time that marine space has been included in an Iwi Settlement. We have identified two areas, 2000ha in front of the existing mussel farm (Eastern Seafarms 3800ha – 54% owned by Whakatōhea Māori Trust Board) and another 3000ha to the west of the existing farm. We have already consented 957ha (Ōpōtiki Seafarm – 100% owned by Whakatōhea through Pakihi Trading Company) and have consent applications in place for the remaining space. There is $2m allocated towards supporting the costs of gaining these consents and the harbour development but we have been able to progress these processes in advance by using other Crown funds (PGF). A key focus for our people was education and gaining the skills necessary to get good jobs. This will be supported through an education endowment fund and the first ever Settlement relationship with the Tertiary Education Commission. Revitalisation of Te Reo and Culture were also key themes for whānau, so there are specific initiatives to support Te Reo initiatives and support for Whakatōhea marae. The Whakatōhea Ratification Information Booklet 2022 is another good source of information on the Settlement.

Karangaranga te muri, Karangaranga te mua: Reconciliation 

The Crown Apology and Crown Acknowledgements are part of the Deed of Settlement and will be passed into legislation alongside the Te Whakatōhea Historical Account.

Crown Acknowledgements

The Crown Acknowledgements identify specific grievances and actions for which the Crown acknowledges was a breach of the Treaty of Waitangi. The following paragraphs are only the first few acknowledgements.

The Whakatōhea signing of te Tiriti o Waitangi/the Treaty of Waitangi The Whakatōhea pursuit of justice The killing of Te Āporotanga
  1. The Crown acknowledges that, on the 27th and 28th May 1840 at Ōpōtiki, seven Whakatōhea rangatira signed te Tiriti o Waitangi /the Treaty of Waitangi. The rangatira who placed their marks on te Tiriti were Tauātoro of Ngāi Tamahaua and Ngāti Ngahere; Te Takahiao of Te Ūpokorehe; Te Āporotanga of Ngāti Rua; Rangimātānuku of Ngāti Rua; Rangihaerepō of Te Ūpokorehe and Ngāi Tamahaua; Wī Akeake of Te Ūpokorehe and the rangatira Whākia (Wakiia).
  2. The Crown acknowledges that:
    1. despite the promise of te Tiriti o Waitangi/the Treaty of Waitangi, many Crown actions created long-standing grievances for Whakatōhea and over the generations Whakatōhea has sought to have their grievances addressed;
    2. the work of pursuing justice for these grievances has placed a heavy burden on the whānau and hapū of Whakatōhea and impacted on the physical, mental, spiritual and economic health of the people; and
    3. the Crown has never properly addressed these historical grievances and recognition is long overdue.
  3. The Crown acknowledges that the deaths of the rangatira Apanui, Tūtakahiao, Mikaere Pihipihi and Te Āporotanga in fighting against Crown forces in April 1864 contributed to the loss of leadership within Whakatōhea. The Crown acknowledges that the Ngāti Rua and Whakatōhea rangatira Te Āporotanga, a signatory of te Tiriti o Waitangi, was killed while held prisoner in the custody of Crown forces, and the Crown’s failure to keep him safe was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
For the full Crown Acknowledgements, read the Deed of Settlement document, page 113.

Historical Account

The Historical Account provides an overview of Whakatōhea’s experience with the Crown and the range of Treaty grievances which Whakatōhea has suffered.

The Historical Account was co-commissioned by the Crown and WPCT and developed through various research reports. The Komiti Whiriwhiri Hītori and the Taumata Kaumātua have been instrumental in the collation and verification of the Whakatōhea Historical Account. While the Historical Account provides a basis for the Settlement it is not the entire history of Whakatōhea nor is it meant to be. We are fortunate that the Settlement also allows, for the first time, the Waitangi Tribunal to continue hearing the Whakatōhea claims after the Settlement has been completed. This parallel process allows the Whakatōhea claimants to lead our participation in the Waitangi Tribunal process. Find out more about the Historical account on page 19 of the Deed of Settlement.

Whakatōhea Journey

Our Settlement Journey is more than 30 years old.

1992

WAI 87 submitted

1994

Whakatōhea starts direct negotiations with the Crown

1996

Offer of $40 million made to Whakatōhea

1998

Offer withdrawn and negotiations cease

2007

Te Ara Tono developed by Whakatōhea Raupatu Working Party

2012 - 2016

Tu Ake Whakatōhea established and developed Whakatōhea Mandate Strategy

2016

Whakatōhea vote accepts mandate strategy and WPCT established

2017

Whakatōhea engage in direct negotiations with the Crown
Agreement in Principle signed and Waitangi Tribunal Mandate Inquiry held

2018

Waitangi Tribunal finds Crown breach and recommends vote to check for support
For continuing with Settlement process

2019

Waitangi Tribunal District Inquiry commenced
Minister of Treaty Negotiations approves for Settlement negotiations to continue in parallel with District Inquiry

2020

Meet with Claimants
PSGE mahi commence
Komiti whiriwhiri work commences. Place name changes and Historical Account
Minister Little visit
Valuation mahi commences
PSGE working party and workshops commence
Hui a rohe update share shape of PSGE and online feedback
Iwi neighbour hui – overlapping area of interests
Final shape of PSGE shared at Hui a rohe

2021

Te Tāwharau o Te Whakatōhea name for PSGE announced
Minister shares open letter with Te Whakatōhea
Historical Account completed
Waitangi Tribunal Priority Hearing and Recommendations
Iwi Neighbour hui – overlapping area of interests
Negotiations completed
Deed of Settlement initialled
Petitions objecting to Settlement received

2022

Communication & Engagement with petitioners
Settlement Information Hui
Whakatōhea Mandate Amendment Vote - Whakatōhea voted to not amend the mandate to exclude Te Ūpokorehe and their claims from
the Whakatōhea Settlement for historical treaty claims
Ratification Vote on Settlement completed

2023

Crown confirmed it will sign the Deed of Settlement
High Court Application seeking interim orders to prevent the Crown and WPCT to sign the Deed of Settlement is dismissed
Waitangi Tribunal Application for an urgent hearing into the process by which the Crown reached a settlement with WPCT is declined and the application is dismissed.

27 May 2023

Whakatōhea sign the Deed of Settlement with the Crown 183 years to the day that Whakatōhea signed the Treaty of Waitangi

13 Jun 2023

The Whakatōhea Settlement Claims Bill was introduced to Parliament

17 Aug 2023

First Reading in Parliament and referred to the Māori Affairs Select Committee

31 Aug 2023 -
31 Oct 2023

Māori Affairs Select Committee call for submissions on Whakatōhea Settlement Claims Bill

24 Oct 2023 -
21 Nov 2023

Elections for Initial Trustees

14 Dec 2023

Successful candidates announced for Initial Trustees

22 Dec 2023

Submissions made publicly available

16 Feb 2024

Annual General Meeting Official Notice issued for 09 March 2024 AGM

For more information, follow the link to read about the Whakatōhea Settlement Claims Bill

Next Steps

09 March 2024 Annual General Meeting

In accordance with the requirements of the Trust Deed, the 8 Establishment Trustees must retire at the AGM where the newly elected Trustees will be officially appointed.

Legislation

  • The Bill goes through the Second and Third Readings in Parliament, and receives the Royal Assent, becoming law (the Settlement Act)

Read more on the legislative process.

Implementation

The Crown and the claimant group work together to make sure everything agreed in the Deed of Settlement happens, including:

  • Final steps in the set-up of the PSGE and Trust Deed, and the election of Trustees
  • The redress package is transferred to the PSGE within an agreed amount of time, usually 40 working days after the settlement becomes law
  • All other arrangements detailed in the agreement are implemented