Letter of Agreement between the Crown and Kurahaupo Ki Te
Waipounamu
11 February 2009



Attachment B: Draft Summaries of Agreements
Letter of Agreement between the Crown and Kurahaupo Ki Te
Waipounamu
11 February 2009
Background to the Letter of Agreement
The Kurahaupo Ki Te Waipounamu Trust (the “Kurahaupo Trust”) comprises Ngäti Apa Ki Te Ra To, Ngäti Kuia and Rangitäne o Wairau. The combined tribal area of the three Kurahaupo iwi covers the top of the South Island.
4,000 people registered an affiliation to the three Kurahaupo iwi in the 2006 Census.
The historical claims of the Kurahaupo iwi primarily relate to the failure of the Crown to adequately recognise the customary rights of Ngati Apa Ki Te Ra To, Ngati Kuia and Rangitane o Wairau in pre-1865 purchases of land. This impacted on theoperation of the native land laws, including the exclusion of Ngati Apa Ki Te Ra To,
Ngati Kuia and Rangitane from the Nelson and Motueka tenths. Their claims alsorelate to the Crown’s failure to set aside adequate reserves and to ensure that theKurahaupo iwi retained sufficient lands for their future needs.
The Waitangi Tribunal heard the Te Tau Ihu claims of all northern South Island iwibetween August 2000 and March 2004, and released preliminary reports in 2007 and a final report in November 2008.
On 23 November 2005, the previous Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Maori Affairs recognised the mandate of the theKurahaupo Ki Te Waipounamu Trust to represent the three Kurahaupo iwi innegotiating a comprehensive historical Treaty settlement.
The Crown signed Termsof Negotiation with the Kurahaupo Trust in June 2006.
On 11 February 2009, the Crown and the Kurahaupo Trust co-signed a Letter of Agreement.
The parties will now develop a detailed Deed of Settlement based on this agreement, and also the post-settlement governance arrangements to receive and manage the redress.
The members of the Kurahaupo iwi will have the opportunity to
vote on whether or not to accept the Crown’s offer as set out in the Deed of Settlement, and on the post-settlement governance arrangements.
If ratified, the Deed will be signed and the settlement will be implemented and the redress transferred following the passage of settlement legislation.
The Kurahaupo Trust carried out negotiations on behalf of the Kurahaupo iwi.
The Office of Treaty Settlements, with the support of Department of Conservation, Land Information New Zealand, the Treasury and other government agencies, represented the Crown in day-to-day negotiations.
The Minister for Treaty of Waitangi Negotiations, Hon Christopher Finlayson, and his predecessor Hon Dr Michael Cullen, represented the Crown in high-level negotiations with the Kurahaupo Trust.

Summary of the Redress
Historical Account and Crown Apologies
The historical account, Crown acknowledgment and Crown apologies will outline the basis on which the Crown is settling the historical claims.
The historical accounts will outline the historical relationship between the Crown and Kurahaupo.
On the basis of the historical accounts, the Crown will acknowledge that
certain actions or omissions of the Crown were a breach of the Treaty of Waitangi and its principles.
The Crown will then offer apologies to Kurahaupo for theacknowledged breaches of the Treaty of Waitangi and its principles.
The claims of Kurahaupo relate to the failure of the Crown to adequately recognise the customary rights of Ngati Apa Ki Te Ra To, Ngati Kuia and Rangitane o Wairau in
its resolution of New Zealand Company transactions and its pre-1865 purchases of
land. This impacted on the operation of the native land laws, including the exclusion
of Ngati Apa Ki Te Ra To, Ngati Kuia and Rangitane from the Nelson and Motueka
tenths. Their claims also relate to the Crown’s failure to set aside adequate reserves
and to ensure that the Kurahaupo iwi retained sufficient lands for their future needs.
Cultural Redress
Cultural redress recognises the traditional, historical, cultural and spiritual
associations Kurahaupo has with places and sites within their rohe or area of
interest. The cultural redress package includes:
Vesting and gift back
The Crown offers to vest the beds of five Alpine Tarns in Nelson Lakes National Park
in Ngati Apa, subject to Ngati Apa gifting these lake beds back to the Crown for the
benefit of all New Zealanders:
• Blue Lake/Rotomairewhenua
• Lake Constance/Rotopohueroa
• Lake Angelus/Rotomaninitua; and
• the two Lake Arnst Tarns, Paratitahi and Paraumu.
Overlay Classification
Overlay classifications over:
• The five alpine tarns listed above
• Lakes Rotoiti and Rotoroa
• Titi Island and the Chetwode Islands and associated rocks; and
• the Wairau Lagoon.
The declaration of an area as an overlay classification provides for the Crown to
acknowledge Kurahaupo values in relation to that area. Overlay classifications are
common cultural redress instruments in historical settlements and are known as

Topuni in the Ngai Tahu settlement and Whenua Rahui in the Affiliate Te Arawa
settlement, for example.
Vesting of sites
17 sites totalling approximately 27 hectares to be vested, subject to specific
conditions including protection of public access.
• Massey St, St Arnaud site
• Anamahanga/Port Gore, Tinui Bay
• Titiraukawa (Pelorus Bridge)
• Cullen Point (Havelock)
• Wairau Lagoon
• Moenui
• Robin Hood Bay (Waikutakuta)
• Kawai (World’s End)
• Recreation Reserve, Picton
• Waimea Gardens
• Canvastown School
• Tuamatene Marae, Grovetown
• Rarangi
• Ngakuta Bay
• Tarakaipa Island urupa
• Te Tai Tapu, near Anatori River
• Momorangi Bay
Certain commercial properties will be vested as cultural redress, subject to deduction
from Kurahaupo’s existing fund for the gifting of commercial properties with cultural
associations, up to a total aggregate value of $5 million.
Three sites to be vested in Kurahaupo jointly with one or more other Te Tau Ihu
groups:
• Part of Whites Bay Recreation Reserve
• Horahora Kakahu Island Historic Reserve
• Queen’s Road Recreation Reserve, Nelson
Statutory Acknowledgements and Deeds of Recognition
A Statutory Acknowledgement registers the association between Kurahaupo and a
particular site or area and enhances Kurahaupo’s ability to participate in specified
Resource Management Act processes. There are 19 acknowledgements in the
agreement relating to:
• Lake Rotoiti
• Lake Rotoroa
• Te Ope o Kupe (Anamahanga/Port
Gore)
• Puhikereru (Anamahanga/Port
Gore)
• Pororoirangi (Kenepuru Sound)
• Kohi te Wai (Nelson)
• Whatamango (Picton)
• Kaiteriteri Scenic Reserve
• Tarakaipa Island
• Titi Island Nature Reserve and
Chetwode Islands Nature Reserve
and associated rocks
• Wairau Lagoon
• Farewell Spit
• The Brothers Islands
• Pelorus Sound
• Parikarearea (Maungatapu)
• Takapourewa (Stephens Island)
• French Pass Scenic Reserve
• Southernmost part of Te Tai Tapu
Block
• Westhaven (Te Tai Tapu) Marine
Reserve and Westhaven
(Whanganui Inlet) Wildlife Reserve
Deeds of Recognition oblige the Crown to consult with Kurahaupo on specified
matters and have regard to their views regarding their special associations with certain areas. A Deed of Recognition will be made between Kurahaupo and the
Crown in relation to 17 sites:
• Lake Rotoiti
• Lake Rotoroa
• Te Ope o Kupe (Anamahanga/Port
Gore)
• Puhikereru (Anamahanga/Port
Gore)
• Pororoirangi (Kenepuru Sound)
• Kohi te Wai (Nelson)
• Whatamango (Picton)
• Kaiteriteri Scenic Reserve
• Tarakaipa Island
• Titi Island Nature Reserve and
Chetwode Islands Nature Reserve
and associated rocks
• Wairau Lagoon
• Farewell Spit
• The Brothers Islands
• Pelorus Sound
• Parikarearea (Maungatapu)
• Takapourewa (Stephens Island)
• French Pass Scenic Reserve
The Crown offers statutory acknowledgements and deeds of recognition in relation to
the following rivers within Kurahaupo’s area of interest, subject to specific further
negotiations:
• Maitai River (or Mahitahi River near Nelson)
• Wairau River (including Omaka River as its tributary)
• Waimea River (including Wairoa River and Wai-iti River as its tributaries)
• Anatori River (South of the Whanganui Inlet)
• Kaituna River (near Havelock)
• Motupiko River
• Pelorus River (or Te Hoiere River near Havelock)
Kaitiaki Instrument
The Crown proposes to acknowledge the association of Kurahaupo iwi with Titi
Island, the Chetwode Islands and associated rocks and the titi species on these
islands. The instrument provides for kaitiaki appointed by Kurahaupo iwi to provide
advice directly to the Minister of Conservation on the management of titi on the
islands and to harvest titi in the event that the Minister of Conservation decides that
the titi population can withstand ecologically sustainable harvesting.
Southern redress
The Crown will facilitate discussions between Kurahaupo and Ngai Tahu regarding
the southernmost cultural interests of Kurahaupo iwi.
Special Redress
Pakohe (argillite)
The Crown proposes to acknowledge Kurahaupo association with Pakohe through a
Statement of Cultural Association and offering Kurahaupo the right to remove
Pakohe boulders by hand in agreed rivers on Crown land.
Eels
The Crown also proposes to acknowledge the association of Ngati Apa with eels
within the Nelson Lakes National Park and confirm in legislation that Ngati Apa has
the right to apply to the Minister of Conservation to take eels for cultural purposes
from the park in certain circumstances. The Minister of Conservation may grant such
applications that meet certain criteria.
Te Tau Ihu Input into Waterway Management
The Crown offers to explore the possibility of redress that will provide Te Tau Ihu
groups input into the management of waterways in Te Tau Ihu. Any redress would
be consistent with the existing statutory framework.
Relationship redress
Protocols
The Deed of Settlement will provide for protocols setting out the way in which specific
government agencies will exercise its functions within the protocol area and enable
Kurahaupo to have input into decision-making processes. Protocols will be issued by
the Minister of Conservation, the Minister of Fisheries, the Minister of Energy; and the
Minister for Arts, Culture and Heritage.
Promotion of relationship with local authorities
The Crown will write to relevant local authorities encouraging them to enter into a
Memorandum of Understanding with Kurahaupo in respect of matters within the
Kurahaupo Area of Interest north of the Ngai Tahu takiwa.
Place name changes
The Crown invites the three Te Tau Ihu mandated groups to work together on a joint
list of proposed place name changes, to be discussed with Ngai Tahu where
appropriate, for submission to the New Zealand Geographic Board/ Nga Pou
Taunaha o Aotearoa.
Financial and Commercial Redress
The financial and commercial redress package is made up of:
a) A financial quantum of $30.65 million in cash, less the value of the on-account
payments and less the market value of any commercial properties selected for
transfer on Settlement Date.
b) An on-account payment of $2 million, to be deducted from the quantum.
c) Interest on $24.25 million to Kurahaupo for the period from the signing of this
letter to Settlement Date.
d) A cash amount of $3 million in addition to quantum, specifically for Ngati Apa to
purchase land in their area or invest in their cultural development.
e) In lieu of redress over licensed Crown forest land:
a. a payment of $3 million;
b. a sum equivalent to three eighths of foregone accumulated rentals
(estimated to be approximately $21 million);
c. a sum equivalent to three eighths of the value of the New Zealand
Emission Units allocated to former Crown Forest Licensed land in Te Tau
Ihu (estimated at approximately $13 million); and
d. The opportunity to buy parts of Woodbourne Airbase subject to the
satisfactory accommodation of the operational interests of the New
Zealand Defence Force;
f) Sale and leaseback arrangements over certain Crown-owned properties within
the Kurahaupo area of interest;
g) The opportunity to purchase certain Crown-owned properties within the
Kurahaupo area of interest;
h) The opportunity to purchase at market value surplus Crown-owned properties
within the Kurahaupo area of interest, for a period of up to 169 years from
Settlement Date, through a Right of First Refusal.
The proposed return of Crown-owned properties is subject to any offer-back
requirements under section 40 of the Public Works Act.
Next steps
The Letter of Agreement is subject to the Crown confirming that those groups who
also claim overlapping interests (in relation to the settlement redress outlined above)
have been addressed to the satisfaction of the Crown. A large number of these
overlapping issues were resolved prior to the signing of the Letter of Agreement, but
there are a number that are still to be addressed and these will be a priority for the
next stage of negotiations.
Kurahaupo and the Crown will now draft a detailed Deed of Settlement, which will be
subject to ratification by the Kurahaupo claimant community. All eligible registered
members of Kurahaupo will have the opportunity to vote on whether to accept the
Crown’s offer as set out in the Deed of Settlement. Kurahaupo will also develop
governance arrangements for holding and managing the settlement redress, which
members will also have the opportunity to ratify.
If the Kurahaupo claimant community ratifies the Deed of Settlement and the
governance arrangements, the Deed will be signed by the Crown and the Kurahaupo
Trust, and the settlement will be implemented through legislation. The settlement will
be for the benefit of all members of Kurahaupo.
Questions and Answers
1. What is the total cost to the Crown?
The cost to the Crown of redress offered to Kurahaupo is $42.41 million, which
includes interest, the payment for Ngati Apa, and the value of commercial properties
with cultural association. The value of the interest and properties included in the total
is estimated, and will be confirmed as negotiations progress. An additional cost to
the Crown is the $37.2 million the Crown will pay to Kurahaupo in lieu of the ability to
purchase licensed Crown forest land and to receive the accumulated rentals and
New Zealand Emission Units associated with that land.
2. Is there any private land involved?
No. No private properties are included in the settlement, including those with section
27B memorials under the State-Owned Enterprise Act.
3. What happens to memorials on private titles?
Memorials were included on the titles of land sold by State-Owned Enterprises and
some other Government entities following the passage of the State Owned
Enterprise Act 1987. These memorials alert buyers that this land may be used in
historical settlements. The Settlement legislation, once passed, will remove the ability
of Kurahaupo to seek the use of properties with s27B memorials on the titles for
historical settlements. The memorials will be removed when all other groups with
interests in the area have settled their claims.
4. Are the public’s rights affected?
Five conservation sites, totalling approximately 3 hectares, are being returned to
Kurahaupo without provision for future public access. These sites are of particular
cultural significance, for example urupa (gravesites), and are not located in areas
subject to regular public use.
5. What are Statutory Acknowledgments and Deeds of Recognition?
Statutory Acknowledgements acknowledge areas or sites with which claimant groups
have a special relationship, and will be recognised in any relevant proceedings under
the Resource Management Act. This provision aims to avoid past problems with land
development for roading and other purposes when areas of significance to Maori,
such as burial grounds, were simply cleared or excavated without either permission
or consultation. It is not a property right. Neither is it exclusive.
Deeds of Recognition set out an agreement between the administering Crown body
(the Minister of Conservation) and a claimant group in recognition of their special
association with a site as stated in a Statutory Acknowledgement, and specify the
nature of their input into the management of the site.
Statutory Acknowledgements and Deeds of Recognition are included in most
historical cultural redress packages.
6. What is an Overlay Classification?
The Overlay Classification (known as a Topuni or Whenua Rahui in some other
settlements) acknowledges the traditional, cultural, spiritual and historical association
of an iwi with certain sites of significance administered by the Department of
Conservation.
An Overlay Classification status requires the Minister of Conservation and the settling
group to develop and publicise a set of principles that will assist the Minister to avoid
harming or diminishing values of the settling group with regard to that land. The New
Zealand Conservation Authority and relevant Conservation Boards will also be
required to have regard to the principles and consult with the settling group.
7. What is a Kaitiaki Instrument?
A Kaitiaki Instrument provides the settling group with the right to provide advice on
key cultural issues relating to the management of specific flora and/or fauna on
Department of Conservation land directly to the Minister of Conservation.
8. Are any place names changed?
The three Te Tau Ihu mandated groups are invited to work together on a joint list for
submission to the New Zealand Geographic Board/ Nga Pou Taunaha o Aotearoa, to
be processed under the usual statutory provisions followed by the Board.
9. Are any National Parks affected by the Settlement?
The agreement proposes redress relating to several lakes in Nelson Lakes National
Park, including the vesting of five alpine tarns and their subsequent gift back to the
Crown for the benefit of all New Zealanders. This redress will not affect the
conservation values of those sites or public access to them.
10. Does the settlement create any special rights for Kurahaupo?
No new rights are being created by this agreement. Provisions in relation to
conservation, such as Statutory Acknowledgements, give practical effect to existing
provisions of both the Resource Management Act and the Conservation Act that
provide for Maori participation in conservation and planning matters.
11. When will the settlement take effect?
A Deed of Settlement based on this agreement will be drafted in the course of this
year. If ratified, and settlement legislation is passed to implement it, the Deed of
Settlement will become unconditional and the terms of the settlement will take effect.
This could occur in 2009.
12. Does Kurahaupo have the right to come back and make further claims about the
behaviour of the Crown in the 19th and 20th centuries?
No. If a Deed of Settlement is ratified and passed into law, both parties agree it will
be a final and comprehensive settlement of all the historical (relating to events before
21 September 1992) Treaty of Waitangi claims of Kurahaupo and its constituent iwi.
The settlement legislation, once passed, will prevent Kurahaupo from re-litigating the
claim before the Tribunal or the courts.
The settlement package will still allow Kurahaupo to pursue claims against the Crown
for acts or omissions after 21 September 1992, including claims based on the
continued existence of aboriginal title or customary rights. The Crown also retains the
right to dispute such claims or the existence of such title rights.
13. Who benefits from the settlement?
All members of Kurahaupo, wherever they may now live.