Lake Taupo - Settlement Deed
Nga hapu o Tuwharetoa are the descendants of Tuwharetoa and Tia and other tupuna who have occupied the Taupo Region continuously since the arrival of the Te Arawa waka. Ngati Tuwharetoa are linked by whakapapa to their lands and their taonga. This connection establishes their mana whenua, kaitiakitanga and rangatiratanga, including their right to establish and maintain a meaningful and sustainable relationship between hapu, whanau and their taonga.
Chris Tamihana Winitana – Brief of Evidence 20th day of April 2005, p.16.
Our traditional and oral histories show our ancestors were solely responsible for the birth of all the waterways in the region. Each and every waterway was produced for the expressed benefit of us the blood descendants, in the first instance. These benefits were bestowed unconditionally albeit tied to the worldview within which they sit. This means conservation of the resource; don’t pollute it, don’t abuse it, don’t overuse it.
Tuwharetoa have always held customary right over our water and we contend that we should have the right to control its utilisation.
The 2007 Deed of Settlement between the Crown and Tuwharetoa Maori Trust Board asserted the following rights:
- Recognition of Lake Taupo as a taonga of Ngati Tuwharetoa
- Recognition that Lake Taupo embodies the mana and rangatiratanga of Ngati Tuwharetoa
- Asserted the ownership of the bed of Lake Taupo to and inclusive of the Huka Falls, (excluding the site of the Taupo Control Gates) and the beds of the certain rivers and streams flowing into Lake Taupo as set out in the schedules to the Deed
As part of the agreement Lake Taupo is to be held in trust by Tuwharetoa Maori Trust Board (in accordance with the 1992 Deed)) for:
- Tuwharetoa Maori Trust Board Beneficiaries in relation to Lake Taupo
- Members of Ngati Tuwharetoa hapu who adjoin the Waikato River (as specified in the Deed) and the rivers and streams that flow into Lake Taupo
- The common use and benefit of all the people of New Zealand
The signing of the Deed and the agreements made mark a significant milestone for Ngati Tuwharetoa to be able to exercise an asserted relationship with their taonga Taupo-nui-a-tia. There have been continuous struggles on behalf of Nga Hapu o Tuwharetoa as George Asher states in his Brief of Evidence to the Waitangi Tribunal 29 April 2005:
Ngati Tuwharetoa have always maintained that the 1926 agreement had been reached for the purpose of ensuring anglers had access to fish in the Lake. How the negotiations moved on from arrangements to secure public access to the fishery to vesting the title in the Crown is not entirely clear. I have no doubt that Ngati Tuwharetoa were opposed to any suggestion that the title to the Lake be vested in the Crown. Why the delegation that went to Wellington, led by Hoani Te Heuheu, signed an agreement agreeing to vest the beds of all Taupo waters “in the King as a public reserve” is a mystery. My assessment is that the only credible explanation is that an element of coercion was involved. I am quite certain that Hoani Te Heuheu and his chiefs would never have willingly given up our taonga to the Crown. These leaders would have been very aware of the power of the Crown to pass legislation taking the Lake, whether they agreed or not. It is likely therefore that faced with that eventuality, they agreed to a compromise that saw some benefit for the tribe in the form of compensation for the access arrangements.
However, as has been previously outlined above, Hoani Te Heuheu, members of the Board and the tribe were agreeable to one arrangement with the Government, but as that scene was played out a vastly different arrangement became apparent.
The acquisition of the lake by the Crown under the 1926 Act resulted in the loss of a tribal taonga that was deeply felt by our people. Ngati Tuwharetoa were placed in a position that detrimentally impacted on the tourism revenue tribal members were earning as an income, the waahi tapu sites that the Board wanted exemption from the 1926 Act, and the misleading outcome of the 1926 meeting with Maori Ministers in Wellington. Hoani, the Board and the tribe were also placed under considerable economic stress due to the failure of the Tongariro Timber Company.
