On 20 September 2001, the Crown recognised the mandate of the Ngatikahu ki Whangaroa Trust (the “Trust”) to negotiate, on behalf of Ngatikahu ki Whangaroa, an offer for the settlement of the Ngatikahu ki Whangaroa Historical Claims, subject to four conditions. On 14 October 2004, the Crown recognised that the Trust had satisfied the four conditions. The Kahukuraariki Trust Board was subsequently incorporated as a Board of Trustees under the Charitable Trusts Act 1957 as the trustee and authorised signatory of the Trust (the “Trustee”).
On 19 October 2004, the Crown and the Trust entered into Terms of Negotiation (“the Terms of Negotiation”), which set out the scope, objectives and general procedure for negotiations.
Negotiations have now reached a stage where the Crown and the Trustee wish to enter this Agreement in Principle recording that they are willing to settle the Historical Claims by entering into a Deed of Settlement on the basis set out in this Agreement in Principle.
This Agreement in Principle contains the nature and scope of the Crown’s offer to settle the Historical Claims.
The redress offered to Ngatikahu ki Whangaroa to settle the Historical Claims comprises three main components. These are:
Following the signing of this Agreement in Principle, the Crown and the Trustee will work together in good faith to develop, as soon as reasonably practicable, a Deed of Settlement. The Deed of Settlement will include the full details of the redress the Crown is to offer to settle the Historical Claims and all other necessary matters. The Deed of Settlement will be conditional on the matters set out in paragraph 62 of this Agreement in Principle.
The Crown and the Trustee each reserve the right to withdraw from this Agreement in Principle by giving written notice to the other party.
This Agreement in Principle is entered into on a without prejudice basis. It:
is non-binding and does not create legal relations;
does not affect the Terms of Negotiation between the Trust and the Crown.
Key terms used in this document are defined in paragraph 67.
Historical Account, Crown Acknowledgements, and Crown Apology
The Historical Account, Crown Acknowledgements and Apology are the cornerstone of the Crown’s settlement offer.
The Historical Account will present an agreed understanding of the historical relationship between the Crown and Ngatikahu ki Whangaroa and will be included in the Deed of Settlement. On the basis of the Historical Account, the Crown will acknowledge in the Deed of Settlement that certain actions or omissions of the Crown were a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
The Crown will then offer an apology to Ngatikahu ki Whangaroa in the Deed of Settlement for the acknowledged Crown breaches of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown Acknowledgements and Apology will be developed following the signing of this Agreement in Principle.
The Historical Account is set out in Attachment 2. The text may be subject to such further editing and amendment for content, style, format and tone as the Crown and the Trustee agree is necessary.
Stony Creek Redress
Stony Creek Assets
The Deed of Settlement and, if necessary, the Settlement Legislation will provide for the Stony Creek Assets (held in the landbank administered by the Office of Treaty Settlements), as set out in Table 1, to be vested in fee simple estate for nil consideration in the Governance Entity on Settlement Date. The transfers will be subject to the specific conditions and encumbrances noted in Table 1 and in paragraphs 15, 16 and 17. Maps of Stony Creek Station, the Thomson Block and the Clarke Block are included in Attachment 4.
Table 1: Stony Creek Assets
Description–North Auckland Land District
Specific conditions or encumbrances (known at the time of Agreement in Principle)
2275.2786 hectares more or less being Section 1 SO 64554, Sections 1, 2, 3, 4, 5 and 6 SO 64294, Sections 7 and 8 SO 64295, Sections 9, 10, 11, 12 and 13 SO 64330 and Lots 2, 3 and 4 DP 112590
Part Section 5 SO 64294 (approximately 450 hectares) subject to a 30 year covenant over the coastal farm block in recognition of the block’s high cultural, historical and spiritual significance to Ngatikahu ki Whangaroa
See paragraphs 15 and 17
390.0974 hectares more or less being Lots 1, 2 and 3 DP 164336 and Section 2 SO 59412