Ngati Tama Claims Settlement Act 2003

  • Warning: Some amendments have not yet been incorporated
  • This version was replaced on 29 September 2016 to make corrections to section 11(1)(a)(i)(A) and (C) and clause 1(b) of Schedule 5 under section 25(1)(j)(ii) of the Legislation Act 2012.
6 Acknowledgements by the Crown

The text of the acknowledgements made by the Crown, as set out in the deed of settlement, is as follows:

(1)

The Crown acknowledges that the wars in Taranaki constituted an injustice and were in breach of the Treaty of Waitangi and the principles of the Treaty of Waitangi.

(2)

The Crown acknowledges that—

(a)

the confiscations were indiscriminate in extent and application and had a devastating effect on the welfare, economy, and development of Ngati Tama:

(b)

the division of the ancestral land of Ngati Tama by the arbitrary placement of the northern confiscation boundary has resulted in iwi rights in these areas being assessed under 2 different systems:

(c)

the prejudicial effects of the confiscations were compounded by the inadequacies in the Compensation Court process that included long delays in the promised return of land to Ngati Tama individuals:

(d)

the confiscations of 1865 deprived Ngati Tama of access to their traditional sources of food and other resources associated with that confiscated land:

(e)

the confiscations were wrongful and in breach of the Treaty of Waitangi and the principles of the Treaty of Waitangi.

(3)

The Crown recognises that the lands and other resources confiscated from Ngati Tama have made a significant contribution to the wealth and development of New Zealand.

(4)

The Crown acknowledges—

(a)

the serious damage it inflicted on the prosperous Maori village of Parihaka and the people residing there, its forcible dispersal of many of the inhabitants, and its assault on the human rights of the people:

(b)

that these actions caused great distress and were a complete denial of the Maori right to develop and sustain autonomous communities in a peaceful manner:

(c)

that its treatment of the Ngati Tama people at Parihaka was unconscionable and unjust and that these actions constituted a breach of the Treaty of Waitangi and the principles of the Treaty of Waitangi.

(5)

The Crown acknowledges that—

(a)

the West Coast Commissions were inadequate in their scope and therefore did not fully address the injustices perpetrated by the confiscations:

(b)

the reserves created by the Commissions in the 1880s were not sufficient for the present and future needs of Ngati Tama:

(c)

the Crown’s actions with respect to the West Coast Settlement Reserves Act 1881, considered cumulatively (including the imposition of a regime of perpetually renewable leases and the sale of large quantities of land by the Public and Maori Trustee),—

(i)

ultimately deprived Ngati Tama of the control and ownership of the lands reserved for them in Taranaki; and

(ii)

were in breach of the Treaty of Waitangi and the principles of the Treaty of Waitangi.

(6)

The Crown acknowledges that despite previous efforts made in the twentieth century, including those of the Sim Commission, it has failed to deal in an appropriate way with the grievances of Ngati Tama. In particular, the payments made under the Taranaki Maori Claims Settlement Act 1944 did not sufficiently address the grievances of Ngati Tama.

(7)

The Crown recognises the efforts and struggles of Ngati Tama in pursuit of their claims for redress and compensation against the Crown for over 130 years.