Parliament to set in law Treaty of Waitangi Redress for previous errors in Auckland’s history

 

 

From Auckland Council

Legislation unites the tribes of Auckland with their ancestral maunga

 

Parliament will pass law this week (Thursday) to provide Treaty redress for the shared interests of 13 Auckland iwi and hapū in relation to 14 tūpuna maunga (volcanic cones), motu (islands) and land within Tāmaki Makaurau. It also provides for a 172 year right of first refusal over surplus Crown properties in the Auckland region and the assignment and alteration of landmark geographic names.

Historic Treaty claims will be addressed in other settlement legislation with these Mana Whenua iwi and hapū.

The legislation provides that the ownership of significant maunga will vest in Ngā Mana Whenua o Tāmaki Makaurau – the Tāmaki Collective.

The volcanic cones will come under the co-governance of the Tūpuna Maunga o Tāmaki Makaurau Authority (Maunga Authority) made up of equal representatives of the Tāmaki Collective and Auckland Council, and a non-voting Crown representative.

Attending the third reading of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill will be the leadership of the Tāmaki Collective along with Mayor Len Brown and  Council representatives.

“This is a most important event for all of Auckland.  It recognises the importance of our volcanic cones to mana whenua in a tangible way,” said Len Brown. “It should ensure on-going active care and respect for our tūpuna maunga.”

“To get to this point is a tribute to the combined commitment of the 13 mana whenua tribes in the Tāmaki Collective and the Crown representatives.  The council, particularly through its six elected representatives who will serve on the Maunga Authority, is ready for the role that it will play in the co-governance relationship.”

He added: “This new relationship will also contribute significantly to the council’s aim to be more actively involved in its engagement with Māori.”

Under the terms of the settlement, the maunga cones are vested in mana whenua, Public access is maintained, each maunga will remain a reserve, and the council will continue to be responsible for the routine management of the maunga, under the direction of the Maunga Authority.

Tāmaki Collective chair Paul Majurey said: “The legislation completes five years of collective tribal endeavour. As the tūpuna maunga are iconic, so too will the face of Auckland be defined in the generations to come by Ngā Mana Whenua o Tāmaki Makaurau.”

The Maunga Authority will have its first formal meeting in September.

What the redress means

The redress includes:

• Vesting of certain volcanic cones in the Tāmaki Collective and a co-governance partnership with the Auckland Council over those maunga
• A long-term right of first refusal over certain land held by the Crown in Tāmaki Makaurau
• The vesting and re-vesting of certain motu (islands), vesting of certain Rangitoto Island  properties and the recording of iwi and hapū interests, and the start of the Tāmaki Makaurau Motu Plan by the Department of Conservation.

 

Some background information

• As an outcome of settling historical Treaty of Waitangi claims, the Crown and Ngā Mana Whenua o Tāmaki Makaurau have negotiated a unique settlement whereby ownership of 14 ancestral maunga will be returned to mana whenua and vested in the trustee of the Tūpuna Taonga o Tāmaki Makaurau Trust, 12 of these maunga will be co-governed with Auckland Council.  While not being vested back to the trustee, Māngere Mountain will also be co-governed. Mt Smart/Rarotonga continues to be administered by Auckland Council.

• A statutory body called the Tūpuna Maunga o Tāmaki Makaurau Authority(Maunga Authority) is being established to administer the Maunga as a co-governance vehicle and is independent of Council.  Equal membership is appointed by Ngā Mana Whenua o Tāmaki Makaurau and Auckland Council with one additional member appointed by the Crown, who has no voting rights and plays a monitoring role.

• The negotiation was driven by the significant efforts of 13 Mana Whenua groups of Tāmaki Makaurau, this group is the Tāmaki Collective.  The Tāmaki Collective includes representatives from  Ngāi Tai ki Tāmaki,  Ngāti Maru, Ngāti Pāoa, Ngāti Tamaoho, Ngāti Tamaterā, Ngāti Te Ata, Ngāti Whanaunga, Ngāti Whātua o Kaipara, Ngāti Whātua Ōrākei, Te Ākitai Waiohua, Te Kawerau ā Maki, Te Patukirikiri and Te Rūnanga o Ngāti Whātua.

• The maunga hold a paramount place in the historical, spiritual, ancestral and cultural identity of the Tāmaki Collective.

• A Record of Agreement was signed between the Crown and Tāmaki Collective on 5 November 2011. The final Deed of Settlement was signed September 2012. The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act, which gives effect to the Final Deed of Settlement, will be passed on 24 July 2014.

• Principally, the Tāmaki Collective settlement transfers the Crown owned parts of 14 Auckland maunga (volcanic cones) to iwi/hapū.  Iwi/hapū will be offered right of first refusal (RFR) for 172 years over surplus Crown land in Tāmaki Makaurau. The agreement also establishes a process for resolving Treaty claims relating to motu (islands) and harbours.

• Title to four Hauraki Gulf islands – Rangitoto, Motutapu, Motuihe and Tiritiri Matangi – will be vested in the Tāmaki Collective, which will then vest  them back to the Crown. The summit of Rangitoto and two sites associated with historical waka mooring will be retained by the Tāmaki Collective.

• The sites involved under co governance are:
  • Matukutūruru / Wiri Mountain
  • Maungakiekie / One Tree Hill
  • Maungarei / Mount Wellington
  • Maungawhau / Mount Eden
  • TBC / Mount Albert
  • Mount Māngere (Note: while this maunga will remain in Crown ownership, it is currently administered by the Council and will be governed by the Maunga Authority once established)
  • TBC / Mount Roskill
  • TBC / Mount St John
  • Ōhinerau / Mount Hobson
  • Ōhuiarangi / Pigeon Mountain
  • Ōtāhuhu / Mount Richmond
  • Takarunga / Mount Victoria
  • Te Tātua a Riukiuta / Three Kings

 

Those owned by the trustee but not co-governed are:

• Rarotonga/Mt. Smart  – will continue to be administered by Regional Facilities Auckland
• Maungauika/North Head – will continue to be administered by the Department of Conservation until such time as council agrees to the transfer of routine management from DoC to council.

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