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Ngāi Tahu Claims Settlement Act 1998

The Ngāi Tahu Claims Settlement Act 1998 is an act of Parliament passed in New Zealand relating to Ngāi Tahu, the principal Māori iwi (tribe) of Te Waipounamu the South Island. It was negotiated in part by Henare Rakiihia Tau.[1] The documents in relation to the Ngāi Tahu land settlement claim are held at Tūranga, the main public library in Ōtautahi Christchurch.

Ngāi Tahu Claims Settlement Act 1998
New Zealand Parliament
  • (a) to record the apology given by the Crown to Ngāi Tahu in the deed of settlement executed on 21 November 1997 by the then Prime Minister the Right Honourable James Brendan Bolger, for the Crown, and Te Rūnanga o Ngāi Tahu; and
    (b) to give effect to certain provisions of that deed of settlement, being a deed that settles the Ngāi Tahu claims
Royal assent1 October 1998
Status: Current legislation
The Ngāi Tahu land settlement claim documents at Tūranga

It is administered by the Office of Treaty Settlements.

Schedule 96 "Alteration of place names" contains a list of places that received official name changes to dual English and Māori names, such as Aoraki / Mount Cook.[2]

Background

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Between the years of 1844–1864, during which a number of land sales occurred the biggest of which been the Kemps Deed in 1848, Ngāi Tahu passed over 34.5 million acres of land to the Crown for a sum of £14,750, or six hundredths of a penny per acre.[3] Without this land, which makes up most of the South Island and more than half the total area of New Zealand,[3] Ngāi Tahu were left without the resources required to provide for their tribe and fell into poverty.[4] For 150 years following this land acquisition, Ngāi Tahu leaders brought forward claims to New Zealand courts arguing that their impoverished conditions reflected the Crown's neglect of its responsibilities outlined in the Treaty of Waitangi, but were repeatedly denied hearing.[4][5]

Claims overview

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Beginning 1986, some 200 grievances were brought forth to the newly established Waitangi Tribunal by Ngāi Tahu claimants.[3] The overarching claim was divided into nine sections called The Nine Tall Trees of Ngāi Tahu, representing eight major land purchases made between 1844–1864 and the ensuing loss of mahinga kai – the resources Ngāi Tahu needed to provide for themselves.[6] The grievances under these headings were directed at the unmet expectations of Ngāi Tahu claimants in accessing education, health, and food resources due to the Crown's failure to keep its promises made in the Treaty of Waitangi.[7][4]

Settlement overview

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In 1998, the Ngāi Tahu Claims Settlement Act passed in Parliament, acknowledging Ngāi Tahu’s hardships as well as committing the Crown to paying $170 million in economic redress.[5][8] Cultural redress was also negotiated, with the Crown recognising Ngāi Tahu’s traditional kaitiaki (guardian) role in managing and safeguarding resources in the South Island.[9][10] A formal apology was issued by the Crown, stating that: “The Crown acknowledges that it acted unconscionably and in repeated breach of the principles of the Treaty of Waitangi in its dealings with Ngāi Tahu in the purchases of Ngāi Tahu land”.[11] Ngāi Tahu assert that for some, this apology is the most important part of the settlement package.[12]

See also

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References

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  1. ^ "Ngai Tahu elder Henare Rakiihia Tau dies". 2 July 2014.
  2. ^ "Ngāi Tahu Claims Settlement Act 1998 No 97 (As at 30 January 2021), Public Act Schedule 96 Alteration of place names – New Zealand Legislation".
  3. ^ a b c Waitangi Tribunal, New Zealand (1991). The Ngai Tahu Report 1991, Volume 1 (3rd ed.). Wellington, New Zealand: GK Publications. pp. XIV. ISBN 0-86472-061-0.
  4. ^ a b c "Claim History". Te Rūnanga o Ngāi Tahu. Retrieved 19 March 2023.
  5. ^ a b "Te Kerēme – Ngāi Tahu Land claim". Christchurch City Council. Retrieved 19 March 2023.
  6. ^ Waitangi Tribunal, New Zealand (1991). The Ngai Tahu Report 1991, Volume 1 (3rd ed.). Wellington, New Zealand: GK Publications. p. 5. ISBN 0-86472-061-0.
  7. ^ Waitangi Tribunal, New Zealand (1991). The Ngai Tahu Report 1991, Volume 1 (3rd ed.). Wellington, New Zealand: GK Publications. pp. XV. ISBN 0-86472-061-0.
  8. ^ "Economic Security". Te Rūnanga o Ngāi Tahu. Retrieved 19 March 2023.
  9. ^ "Cultural Redress". Te Rūnanga o Ngāi Tahu. Retrieved 19 March 2023.
  10. ^ "Aoraki". Te Rūnanga o Ngāi Tahu. Retrieved 19 March 2023.
  11. ^ "Ngāi Tahu Claims Settlement Act 1998 No 97 (as at 01 July 2022), Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 19 March 2023.
  12. ^ "The Apology". Te Rūnanga o Ngāi Tahu. Retrieved 19 March 2023.
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