Ng¯ati Tuwharetoa (Bay of Plenty) Claims Settlement Bill

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Ngāti Tuwharetoa (Bay of Plenty) Claims
Settlement Commentary
Ngāti Tuwharetoa (Bay of Plenty) Claims
Settlement Bill
Government Bill
As reported from the Māori Affairs Committee
Recommendation
Commentary
The Māori Affairs Committee has examined the Ngāti Tuwharetoa
(Bay of Plenty) Claims Settlement Bill and recommends that it be
passed with the amendments shown.
Introduction
The aim of the bill is to record the acknowledgements and apology
expressed by the Crown to Ngāti Tuwharetoa (Bay of Plenty) in the
deed of settlement dated 6 June 2003, and to give effect to the
settlement of historical claims as agreed in the deed. The details of
the settlement are set out in the preamble to the bill.
In considering the bill we are mindful of the constraints placed on us
by the rules relating to legislation to confirm agreements such as
deeds of settlement. Nevertheless there were three substantive issues
which we invited the parties to the deed to consider amending, to
which they agree. Those issues being clarifying the definition of
Ngāti Tuwharetoa (Bay of Plenty), the definition of whāngai, and the
proposed inclusion of the geothermal statement of association.
Definition of Ngati Tuwharetoa
We expressed concern that the agreements and settlement instituted
by this bill may compromise settlements to be made with Ngāti
Tuwharetoa whose claims are yet to be made. We recommend that
the preamble be replaced to make it clear that Ngati Tuwharetoa
refers to Ngāti Tuwharetoa (Bay of Plenty), and that the preamble
reflect the rest of the bill in its definition of the iwi. We also
recommend that ‘‘Ngati Tuwharetoa (Bay of Plenty)’’ be used exclusively
in this bill where applicable, rather than ‘‘Ngati Tuwharetoa’’.