New Zealand Acts

WHAKATŌHEA CLAIMS SETTLEMENT ACT 2024 - SECT 14

14 Meaning of historical claims

1 In this Act,
"historical claims" —

a) means the claims described in subsection (2); and

b) includes the claims described in subsection (3); but

c) does not include the claims described in subsection (4).

2 The historical claims are every claim that Whakatōhea or a representative entity had on or before the settlement date, or may have after the settlement date, and that—

a) is founded on a right arising—

i) from te Tiriti o Waitangi /the Treaty of Waitangi or its principles; or

ii) under legislation; or

iii) at common law (including aboriginal title or customary law); or

iv) from a fiduciary duty; or

v) otherwise; and

b) arises from, or relates to, acts or omissions before 21 September 1992—

i) by or on behalf of the Crown; or

ii) by or under legislation.

3 The historical claims include—

a) a claim to the Waitangi Tribunal that relates exclusively to Whakatōhea or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:

i) Wai 87—Whakatōhea raupatu claim:

ii) Wai 203—Mokomoko whānau claim:

iii) Wai 339—Hiwarau Block claim:

iv) Wai 1092—Ūpokorehe claim:

v) Wai 1433—Nepia Whānau Trust claim:

vi) Wai 1758—Roimata marae, Ūpokorehe hapū, Ngāti Raumoa Roimata Marae Trust claim:

vii) Wai 1775—Ngāti Patu claim:

viii) Wai 1781—Ngāi Tamahaua claim:

ix) Wai 1782—Ngāti Rua claim:

x) Wai 1787—Rongopopoia ki Ūpokorehe claim:

xi) Wai 1794—Turangapikitoi hapū claim:

xii) Wai 1795—Ngāti Rua claim:

xiii) Wai 1827—the descendants of Rangihaerepō claim:

xiv) Wai 1884—Ngāti Ngahere claim:

xv) Wai 2006—Ūpokorehe and Whakatōhea claim:

xvi) Wai 2008—Pākowhai claim:

xvii) Wai 2055—Ngāi Tama of Opape claim:

xviii) Wai 2066—Ngāti Ruatakenga claim:

xix) Wai 2107—Ngāti Ngahere/Ngāti Ira claim:

xx) Wai 2160—Whakatōhea/Ngāti Muriwai claim; and

b) every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that subsection (2) applies to the claim and the claim relates to Whakatōhea or a representative entity:

i) Wai 287—school history claim:

ii) Wai 558—Ngāti Ira o Waioweka rohe claim:

iii) Wai 864—Moutohora Quarry claim:

iv) Wai 1511—Ngāi Tamatea claim:

v) Wai 1789—descendants of Hineato Savage claim:

vi) Wai 2510—Te Kahika claim.

4 However, the historical claims do not include—

a) a claim that a member of Whakatōhea, or a whānau, hapū, or group referred to in section 13(1)(c) , had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Whakatōhea; or

b) a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).

5 A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.