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-- (b) the Crown had recognised
the significance of the “land for
land” principle to Waikato;
-- (c) the Crown and Waikato
had agreed that the Crown
should now make full and final
restitution to Waikato in respect
of the Raupatu claims,—
The Crown and Robert Te Kotahi
Mahuta on behalf of Waikato-
Tainui, accordingly recorded, on
21 December 1994, in a heads
of agreement their agreement in
principle to the matters required to
effect a settlement of those claims,
and, on 22 May 1995, the Crown
and Waikato-Tainui signed a deed
of settlement.
Land transferred to Waikato under
the deed of settlement will be
held communally in a trust to be
established by Waikato and part
of that land will be registered
in the name of Pootatau Te
Wherowhero as provided for in this
Act, that name giving expression
to the significance of the pledges
made by the chiefs to Pootatau
Te Wherowhero and of the
reaffirmations of those pledges,
as expressed in the kawenata,
by those who have continued in
support of the Kiingitanga.
The trust deed for the trust to be
established by Waikato will provide
that no land of the trust that is
registered in the name of Pootatau
Te Wherowhero shall be sold or
mortgaged to, or be capable of
being vested in or transferred to,
any person or body, and that no
land may be transferred out of the
name of Pootatau Te Wherowhero
without the consent of the
“custodians of Te Wherowhero
title” referred to in that trust deed.
As the Crown now holds only
a small proportion of the land
originally confiscated and the
land now held cannot be evenly
distributed among the 33 hapu
affected by the Raupatu, the
restitution provided for in the
deed of settlement is to be for the
benefit of all Waikato collectively,
under the mana of the Kiingitanga.
By the deed of settlement—
• (a) the Crown has acknowledged
that the settlement provided for
in that deed does not diminish
or in any way affect the Treaty
of Waitangi or any of its articles
or the ongoing relationship
between the Crown and Waikato
in terms of the Treaty of Waitangi
or undermine any rights under
the Treaty of Waitangi, including
rangatiratanga rights; and
• (b) Waikato have acknowledged
that the settlement provided
for in that deed is fair, final, and
durable.
”
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