KEY POINTS:
Large and culturally appropriate compensation was recommended by the Waitangi Tribunal for eight South Island iwi who lost most of their land through invalid purchases by the Crown.
The Crown bought land from eight iwi - Ngati Apa, Ngati Koata, Ngati Kuia, Ngati Rarua, Ngati Tama, Ngati Toa, Te Atiawa and Rangitane - throughout Marlborough, Nelson, Tasman and the West Coast after the Treaty of Waitangi was signed in 1840.
Within 20 years, the Crown had purchased all but a small fraction of land in the top of the South Island - known as Te Tau Ihu - without the free, informed and meaningful consent of Maori, and made its own decisions about who owned the land.
The Crown also failed to ensure that fair prices were paid and that iwi retained enough land for their own needs, the tribunal said in its final report on the iwi's Waitangi claims.
The serious treaty breaches - which caused significant social, economic, cultural and spiritual harm to Te Tau Ihu iwi - required large and culturally appropriate redress, the tribunal recommended.
The total financial and commercial redress should be divided equally among the iwi, as the disadvantages had been spread evenly throughout the region.
By 1860, the Crown owned most of the original estate, and failed to protect Maori interests in the remaining lands and resources such as fisheries.
"The result of these failures was grinding poverty, social dislocation and loss of culture," the tribunal said.
The Crown had admitted that land purchases had sidelined the treaty and favoured settlers, and left iwi with insufficient land to farm or for customary resources.
The Crown also conceded that there were problems providing for Maori interests under the Resource Management Act, such as inadequate funding for iwi participation.
The iwi had also lost the ability to recover their interest in lands defined as belonging to Ngai Tahu, which settled with the Crown 10 years ago for $170 million.
The tribunal strongly recommended that the Crown take urgent action to ensure there were no further breaches, and negotiate equitable compensation with iwi identified as having interests within Ngai Tahu lands.
Ngai Tahu was ruled to have sole rights of ownership in Kaikoura and Arahura at the time of Crown purchases, according to a 1990 court decision.
The tribunal also recommended cultural redress, including recognising and restoring the mana of the Kurahaupo iwi.
Kurahaupo comprised Ngati Apa, Ngati Kuia and Rangitane, and their land was bought from North Island tribes that had claimed ownership at the time of European settlement.
Iwi negotiations with the Crown over compensation were well advanced, the tribunal said.
- NZPA
