| Waikato Raupatu Claims Settlement Act 1995 | |
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| New Zealand Parliament | |
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| Royal assent | 3 November 1995 |
| Status: Current legislation | |
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General elections  | ||
The Waikato Raupatu Claims Settlement Act 1995 is an act of the New Zealand Parliament passed into law in 1995. It was the first act implementing a major historical Treaty of Waitangi settlement since the Treaty of Waitangi Act 1975 was amended in 1985 to allow the Waitangi Tribunal to investigate historic breaches of the treaty. [1]
The act was the culmination of years of negotiations between Waikato Tainui and the New Zealand Government. [2] Originally, Waikato-Tainui had made a claim by way of the Waitangi Tribunal, but in 1991 direct negotiations began between the tribe and the government of Prime Minister Jim Bolger. [3]
In 1994, a Heads of Agreement was signed. [3]
The Deed of Settlement was signed on 22 May 1995 by Prime Minister Jim Bolger and Dame Te Atairangikaahu at Turangawaewae Marae. [4] The total settlement package was $170m. [3]
Royal Assent for the bill was granted by Queen Elizabeth II on 3 November 1995 in a ceremony at Government House in Wellington. Dame Te Atairangikaahu and other dignitaries also attended the ceremony. [4] This was unusual and originally, Waikato Tainui wanted both Queen Elizabeth and Dame Te Atairangikaahu (the Māori Queen) to sign the apology. [5] Buckingham Palace objected to this as it could have had implications for the other realms where the Queen is head of state, and indigenous peoples had claims against the Crown. [5]
Instead, it was agreed that the Queen would personally grant assent to the legislation (which includes the Crown's apology) as this would be on her ministers' advice. [6]
The Treaty of Waitangi is a document of central importance to the history of New Zealand, its constitution, and its national mythos. It has played a major role in the treatment of the Māori population in New Zealand by successive governments and the wider population, a role that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law, and has no independent legal status, being legally effective only to the extent it is recognised in various statutes. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs from the North Island of New Zealand.
Iwi are the largest social units in New Zealand Māori society. In Māori iwi roughly means "people" or "nation", and is often translated as "tribe", or "a confederation of tribes". The word is both singular and plural in the Māori language, and is typically pluralised as such in English.
The Invasion of the Waikato became the largest and most important campaign of the 19th-century New Zealand Wars. Hostilities took place in the North Island of New Zealand between the military forces of the colonial government and a federation of Māori tribes known as the Kingitanga Movement. The Waikato is a territorial region with a northern boundary somewhat south of the present-day city of Auckland. The campaign lasted for nine months, from July 1863 to April 1864. The invasion was aimed at crushing Kingite power and also at driving Waikato Māori from their territory in readiness for occupation and settlement by European colonists. The campaign was fought by a peak of about 14,000 Imperial and colonial troops and about 4,000 Māori warriors drawn from more than half the major North Island tribal groups.
Tainui is a tribal waka confederation of New Zealand Māori iwi. The Tainui confederation comprises four principal related Māori iwi of the central North Island of New Zealand: Hauraki, Ngāti Maniapoto, Ngāti Raukawa and Waikato. There are other Tainui iwi whose tribal areas lay outside the traditional Tainui boundaries – Ngāi Tai in the Auckland area, Ngāti Raukawa ki Te Tonga and Ngāti Toa in the Horowhenua, Kāpiti region, and Ngāti Rārua and Ngāti Koata in the northern South Island.
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.
The Māori King Movement, called the Kīngitanga in Māori, is a movement that arose among some of the Māori iwi (tribes) of New Zealand in the central North Island in the 1850s, to establish a role similar in status to that of the monarch of the British colonists, as a way of halting the alienation of Māori land. The Māori monarch technically operates in a non-constitutional capacity with no legal or judicial power within the New Zealand government, but nonetheless, is a major political and cultural figure in the country for many of its 5 million people, wielding significant lobbying power and mana. Reigning monarchs retain the position of paramount chief of several iwi and wield some power over these, especially within Tainui.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
Claims and settlements under the Treaty of Waitangi have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments have increasingly provided formal legal and political opportunity for Māori to seek redress for what are seen as breaches by the Crown of guarantees set out in the Treaty of Waitangi. While it has resulted in putting to rest a number of significant longstanding grievances, the process has been subject to criticisms including those who believe that the redress is insufficient to compensate for Māori losses. The settlements are typically seen as part of a broader Māori Renaissance.
The United Tribes of New Zealand was a confederation of Māori tribes based in the north of the North Island, existing legally from 1835 to 1840. It received diplomatic recognition from the United Kingdom, which shortly thereafter annexed it under the Treaty of Waitangi, an event that has largely shaped relations between the government of New Zealand and the Māori people since the 1960s.
The Māori protest movement is a broad indigenous-rights movement in New Zealand. While there were a range of conflicts between Māori and European immigrants prior to the signing of the Treaty of Waitangi in 1840, the signing provided a legal context for protesting, as the Treaty of Waitangi made New Zealand a British colony with British law and governance applying. The British authorities had drafted the Treaty with the intention of establishing a British Governor of New Zealand, recognising Māori ownership of their lands, forests and other possessions, and giving Māori the rights of British subjects. However, the Māori and English texts of the Treaty differ in meaning significantly; particularly in relation to the meaning of having and ceding sovereignty. These discrepancies, and the subsequent colonisation by Pākehā settlers led to disagreements in the decades following the signing, including full-out warfare.
Te Āti Awa is a Māori iwi with traditional bases in the Taranaki and Wellington regions of New Zealand. Approximately 17,000 people registered their affiliation to Te Āti Awa in 2001, with around 10,000 in Taranaki, 2,000 in Wellington and around 5,000 of unspecified regional location.
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.
The Māori Land Court is the specialist court of record in New Zealand that hears matters relating to Māori land.
The New Zealand land confiscations took place during the 1860s to punish the Kīngitanga movement for attempting to set up an alternative, Māori, form of government that forbade the selling of land to European settlers. The confiscation law targeted Kīngitanga Māori against whom the government had waged war to restore the rule of British law. More than 1,200,000 hectares or 4.4 percent of land were confiscated, mainly in Waikato, Taranaki and the Bay of Plenty, but also in South Auckland, Hauraki, Te Urewera, Hawke's Bay and the East Coast.
Sir "Sidney" Hirini Moko Haerewa Mead is a New Zealand anthropologist, historian, artist, teacher, writer and prominent Māori leader. Initially training as a teacher and artist, Mead taught in many schools in the East Coast and Bay of Plenty regions, and later served as principal of several schools. After earning his PhD in 1968, he taught anthropology in several universities abroad. He returned to New Zealand in 1977 and established the first Māori studies department in the country. Mead later became a prominent Māori advocate and leader, acting in negotiations on behalf of several tribes and sitting on numerous advisory boards. He has also written extensively on Māori culture. He is currently the chair of the council of Te Whare Wānanga o Awanuiārangi.
Sir Robert Te Kotahi Mahuta was a prominent Māori politician. He was born Robert Jeremiah Ormsby and changed his name by deed poll.
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 the South Island. It was negotiated in part by Henare Rakiihia Tau. The documents in relation to the Ngāi Tahu land settlement claim are held at Tūranga, the main public library in Christchurch.
The Waikato-Maniapoto Maori Claims Settlement Act 1946 was an act passed by the New Zealand Parliament on 7 October 1946. The purpose of the act was "to effect a Final Settlement of certain Claims relating to the Confiscation of Maori Lands in the Waikato District, and to provide for the Control and Administration of the Moneys granted as Compensation."
The Minister for Treaty of Waitangi Negotiations, otherwise known as the Treaty Negotiations Minister or the Minister of Treaty Negotiations, is a minister in the Government of New Zealand. The minister is tasked with multiple duties including, but not limited to, overseeing the negotiations of Treaty of Waitangi claims and settlements. The Minister falls under the jurisdiction of the Ministry of Justice.
