Ngāti Paoa Claims Settlement Bill
The departmental disclosure statement for a government Bill seeks to bring together in one place a range of information to support and enhance the Parliamentary and public scrutiny of that Bill.
It identifies:
- the general policy intent of the Bill and other background policy material;
- some of the key quality assurance products and processes used to develop and test the content of the Bill;
- the presence of certain significant powers or features in the Bill that might be of particular Parliamentary or public interest and warrant an explanation.
This disclosure statement was prepared by the Office for Māori Crown Relations – Te Arawhiti.
The Office for Māori Crown Relations – Te Arawhiti certifies that, to the best of its knowledge and understanding, the information provided is complete and accurate at the date of finalisation below.
30 November 2022
Part One: General Policy Statement
Legislation is required to give effect to some elements of the Ngāti Paoa deed of settlement (the deed), which was signed on 20 March 2021 by Ngāti Paoa and the Crown. This Bill records the acknowledgements and apology made to Ngāti Paoa by the Crown when the deed was signed and gives effect to redress in the deed that requires legislation.
Ngāti Paoa
Ngāti Paoa are a maritime people who trace their origins to the Te Arawa and Tainui waka. Their area of interest includes Mahurangi, Tāmaki Makaurau, the Hauraki Plains and Gulf islands, and parts of Waikato. The 2018 Census estimated Ngāti Paoa had 4,800 members.
Negotiations
In June 2009, the Crown proposed a regional approach for Treaty settlements to iwi and hapū, including Ngāti Paoa, with interests in the Kaipara, Tāmaki Makaurau, and Hauraki regions.
Between December 2009 and May 2010, the Ngāti Paoa claimants elected 2 interim negotiators to enter into Treaty settlement negotiations on their behalf. In June 2011, the Crown recognised the mandate of the Ngāti Paoa Trust Board to negotiate the settlement of the historical Treaty of Waitangi claims of Ngāti Paoa.
The Tāmaki and Hauraki collectives were established for the purpose of negotiating collective redress for shared interests in Tāmaki Makaurau and the Hauraki regions respectively. A third collective, the Marutūāhu Collective, was also established to negotiate collective redress in Tāmaki Makaurau for the shared interests of 5 of the 12 iwi of Hauraki. Ngāti Paoa is a member of all 3 collectives.
In September 2012, the Crown and the Tāmaki Collective signed Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Deed. In July 2018, the Crown and 4 of the 5 Marutūāhu iwi initialled the Marutūāhu Iwi Collective Redress Deed (Ngāti Paoa is yet to initial, ratify, and sign this collective deed). In February 2019, Ngāti Paoa signed the Pare Hauraki Collective Redress Deed. All 3 collective deeds have associated collective legislation.
The Crown and Ngāti Paoa negotiated iwi-specific redress in the Ngāti Paoa Deed of Settlement. This Bill gives effect to the iwi-specific redress that requires legislation and settles the historical Treaty of Waitangi claims of Ngāti Paoa.
Key elements of the Ngāti Paoa settlement
The settlement contains acknowledgement of Crown breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, including the confiscation of land by the Crown, the impact and operation of the native land laws, and Crown purchasing that left Ngāti Paoa virtually landless and undermined their economic, social, and cultural development.
The settlement includes an apology from the Crown to Ngāti Paoa for its failure to protect them from the rapid alienation of land in the decades following the signing of te Tiriti o Waitangi/the Treaty of Waitangi, the loss of life and the devastation caused by hostilities, and the enactment of laws and policies that have led to the loss of whenua and te reo Māori.
Ngāti Paoa will receive redress that includes the return of 12 sites of cultural significance and financial and commercial redress valued at $23.5 million, along with a wide range of other commercial, cultural, and relationship items.
Part Two: Background Material and Policy Information
Published reviews or evaluations
Relevant international treaties
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2.2. Does this Bill seek to give effect to New Zealand action in relation to an international treaty? |
NO |
Regulatory impact analysis
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2.3. Were any regulatory impact statements provided to inform the policy decisions that led to this Bill? |
NO |
Extent of impact analysis available
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2.4. Has further impact analysis become available for any aspects of the policy to be given effect by this Bill? |
NO |
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2.5. For the policy to be given effect by this Bill, is there analysis available on: |
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(a) the size of the potential costs and benefits? |
NO |
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(b) the potential for any group of persons to suffer a substantial unavoidable loss of income or wealth? |
NO |
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2.6. For the policy to be given effect by this Bill, are the potential costs or benefits likely to be impacted by: |
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(a) the level of effective compliance or non-compliance with applicable obligations or standards? |
NO |
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(b) the nature and level of regulator effort put into encouraging or securing compliance? |
NO |
Part Three: Testing of Legislative Content
Consistency with New Zealand’s international obligations
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3.1. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with New Zealand’s international obligations? |
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None. |
Consistency with the government’s Treaty of Waitangi obligations
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3.2. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with the principles of the Treaty of Waitangi? |
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During the settlement negotiations, the Office for Māori Crown Relations – Te Arawhiti and Ngāti Paoa negotiators engaged with iwi and hapū whose interests are directly affected by the settlement. The redress given effect to by this Bill is consistent with Treaty principles and Treaty of Waitangi settlement policy. |
Consistency with the New Zealand Bill of Rights Act 1990
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3.3. Has advice been provided to the Attorney-General on whether any provisions of this Bill appear to limit any of the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990? |
YES |
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Advice provided to the Attorney-General by the Crown Law Office, or a section 7 report of the Attorney- General, is generally expected to be available on the Ministry of Justice website upon introduction of a Bill. Such advice, or reports, will be accessible on the Ministry’s website at http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/ |
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Offences, penalties and court jurisdictions
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3.4. Does this Bill create, amend, or remove: |
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(a) offences or penalties (including infringement offences or penalties and civil pecuniary penalty regimes)? |
NO |
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(b) the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)? |
YES |
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The Bill settles historic Treaty of Waitangi claims and removes the jurisdiction of courts, tribunals and other judicial bodies into the claims, deed of settlement and redress provided (clauses 15, 16, 17 and 18).
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3.4.1. Was the Ministry of Justice consulted about these provisions? |
YES |
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The provisions were developed by the former Office of Treaty Settlements which was part of the Ministry of Justice. |
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Privacy issues
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3.5. Does this Bill create, amend or remove any provisions relating to the collection, storage, access to, correction of, use or disclosure of personal information? |
NO |
External consultation
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3.6. Has there been any external consultation on the policy to be given effect by this Bill, or on a draft of this Bill? |
YES |
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Overlapping groups and relevant councils were informed of the key relevant provisions contained in the Bill as the settlement was negotiated and agreed. Councils were invited to comment on relevant parts of the Bill affecting them. Overlapping groups: Ngāti Maru, Ngāti Tamaterā, Ngāti Hei, Te Patukirikiri, Ngaati Whanaunga, Ngāti Tara Tokanui, Hako, Ngāti Porou ki Hauraki, Ngāi Tai ki Tāmaki, Ngāti Pūkenga and members of the Tāmaki Collective. Councils: Hauraki District Council, Thames Coromandel District Council, and Waikato Regional Council. |
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Other testing of proposals
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3.7. Have the policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete? |
YES |
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The proposed provisions are tested throughout the negotiations process through consultation with iwi and engagement with third parties. The Deed of Settlement provisions were ratified by Ngāti Paoa before the Deed of Settlement was signed on 20 March 2021. |
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Part Four: Significant Legislative Features
Compulsory acquisition of private property
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4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property? |
NO |
Charges in the nature of a tax
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4.2. Does this Bill create or amend a power to impose a fee, levy or charge in the nature of a tax? |
NO |
Retrospective effect
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4.3. Does this Bill affect rights, freedoms, or impose obligations, retrospectively? |
NO |
Strict liability or reversal of the usual burden of proof for offences
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4.4. Does this Bill: |
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(a) create or amend a strict or absolute liability offence? |
NO |
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(b) reverse or modify the usual burden of proof for an offence or a civil pecuniary penalty proceeding? |
NO |
Civil or criminal immunity
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4.5. Does this Bill create or amend a civil or criminal immunity for any person? |
NO |
Significant decision-making powers
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4.6. Does this Bill create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests? |
NO |
Powers to make delegated legislation
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4.7. Does this Bill create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation? |
NO |
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4.8. Does this Bill create or amend any other powers to make delegated legislation? |
NO |
Any other unusual provisions or features
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4.9. Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment? |
NO |