By Cleo Fraser
A lower North Island iwi has secured a Treaty of Waitangi settlement totalling more than $75 million, with rights to some islands and recognition of its connection to the haka Ka Mate.
This week Treaty of Waitangi Negotiations Minister Chris Finlayson and Ngati Toa representatives "initialled" the settlement which is compensation for land seizures and being left out of earlier land deals with the Crown.
It also includes compensation for the treatment of the tribe's late chief Te Rauparaha (mid 1700s to mid 1800s) who was reportedly held by the Crown for 18 months without trial or without being charged, chief negotiator Matiu Rei told Fairfax.
If the settlement is formally approved by the iwi then the settlement could be signed by both parties by November.
A spokesman for Mr Finlayson told NZ Newswire that in 99 percent of cases the settlement is ratified by an iwi.
Special legislation recognising Te Rauparaha as the composer of the Ka Mate haka, well-known for its use by the All Blacks, is included in the settlement. This means anyone who uses the haka for commercial purposes, apart from use during live performances, must acknowledge Te Rauparaha as its author.
In 2006, the Intellectual Property Office refused an application from a Ngati Toa trust seeking to trademark the haka.
The iwi first made a claim for breaches of the Treaty of Waitangi about 25 years ago and signed an agreement in principle with the Crown in 2009.
Port Nicholson Block Settlement Trust tried to stop the settlement process going ahead but its case, taken to the High Court at Wellington, was thrown out earlier this week.
The group, made up of four iwi known as Taranaki Whanui, claims the Crown misled them during its own settlement process and Ngati Toa will receive land they were refused.
A Ngati Toa spokesman was not immediately available for comment.
Ngati Toa's treaty settlement includes:
- financial and commercial redress of $40m, including $10m to recognise the iwi's maritime domain over Cook Strait, $11.5m to buy some crown properties, $6.6m for iwi development
- right to buy some Government-owned properties, including police stations and 67 schools, leasing most back to the Crown
- rights to Kapiti Island - although most of it will be handed back to the Crown
- rights to Taputeranga Island and Akatarawa Road conservation area - of which the local council will retain management
- rights to Taupo Urupa in Plimmerton, with public access not affected
- coastal statutory acknowledgements over Cook Strait and Wellington Harbour
- legislation recognising Te Rauparaha as the composer of the Ka Mate haka
- changed place names, including Porirua Harbour becoming Te Awarua-o-Porirua Harbour
- statutory acknowledgement and deeds of recognition over lakes Rotoroa and Rotoiti in Nelson Lakes National Park.
NZN