Kaitiakitanga Treaty of Waitangi statutory Acknowledgements I te - PowerPoint PPT Presentation

Kaitiakitanga Treaty of Waitangi statutory Acknowledgements

I te wa/The Past • 1800: Mana Maori Motuhake/Tino Rangatiratanga • 1840: Imposition of Western Values System and Deconstruction of Maori Values System • 1970: No recognition • 1980: Resource Management Law Reforms Kaitiakitanga and Treaty Claims Settlements • Today ; 8 iwi ToW DoS

Treaty Settlements Acknowledgements; • Historical account and acknowledgement of breaches of the Treaty of Waitangi and its principles, and apologies to Kurahaupō Iwi for these. Commercial Redress; • Quantum, opportunity to purchase crown commercial properties, • Redress in lieu of CFL properties, rights payment, accumulated rentals, NZU, opportunity to purchase parts of Woodburn Air Base Cultural Redress • Deeds of Recognition, Statutory Acknowledgements, Overlay Classifications, gifting of some sights of significance, kaitiaki instruments • Protocols with four government departments

Kaitiakitanga • Guardianship, preservation, protection, fostering • Kaitiakitanga is the undertaking of responsibilities and obligations inherited from the Atua and their realms • Tangaroa, Tane Mahuta, Tawhirimatea, Tumatauenga • These are accrued through the intricate system of relationship with the environment, for the control and management of resources. • Rangatiratanga, mana moana, Mana whenua • Kaitiaki protect the “mauri”of all things • Kaitiaki protect the “mana”of iwi

Purpose • The purpose of Statutory Acknowledgements is to improve the implementation of existing RMA processes, particularly the decision- making process in relation to notification of resource consent applications. The instrument aims to minimise problems encountered in the past, for example, non-notification of applications for land development for roading and other purposes. often because consent authorities may have felt that they were insufficiently aware of an iwi interests. Decision-making in relation to Statutory Acknowledgements is subject to the provisions of Part II of the RMA. Under Part II local authorities are required to: • recognise and provide for the relationship of Mäori and their culture and traditions with their ancestral lands, water, sites, wähi tapu, and other taonga (s.6(e)); • have particular regard to kaitiakitanga (s.7(a)); • take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) (s.8).

Te Tau Ihu Statutory Acknowledgement Areas • Statutory acknowledgments are a type of cultural redress included in the Treaty Settlement for Te Tau Ihu. They took effect from 1 February 2015. • Statutory acknowledgments are legal recognition of the particular cultural, spiritual, historical and traditional associations of an iwi with an identified area. • The eight iwi of Te Tau Ihu that have associations with these areas are: Ngāti Apa ki te Rā Tō Ngāti Koata Ngāti Kuia Ngāti Rārua Rangitāne o Wairau Ngāti Tama ki Te Tau Ihu Ngāti Toa Rangatira Te Ātiawa o Te Waka-a- Māui For rohe maps refer: Te Kāhui Māngai For DoS info refer; OTS.govt.nz

Te Tau Ihu Statutory Acknowledgement Areas • Statutory acknowledgements enhance the ability of iwi to participate in Resource Management Act 1991 processes. • A statutory area can have more than one statutory acknowledgment from more than one iwi associated with it. • The Statements of Association for each of the eight iwi of Te Tau Ihu should be checked in relation to any statutory area. • Refer to the Acknowledgements Document and the Te Tau Ihu maps • (all on the Marlborough District Council Website) • Most statutory areas are lakes and rivers (and their tributaries). • Also other geographical features – e.g Wairau Bar (Pokohiwi) • Coastal marine area • Named mountains

This means • Statutory Areas do not change the class of an activity for resource consent • Statutory Areas do not change: • the matters of control for Controlled Activities • the matters of discretion for Restricted Discretionary Activities • The actual matters of control or discretion will influence whether iwi are deemed to be affected persons. • A Statutory Area may influence whether a “permitted baseline” is applied. • A Statutory Area may be a “special circumstance” that over -rides a rule precluding public notification. • The Statutory Areas do not change or substitute existing RMA Plan provisions relating to cultural and archaeological sites, which continue to apply. • We encourage applicants to consider the impacts their development may have on iwi interests and to consult early.

Te Tau Ihu Statutory Acknowledgement Areas Coastal Marine area Rivers and other

Te Tau Ihu Statutory Acknowledgement Areas • Application to a river or stream (including a tributary): • The Statutory Acknowledgement Area applies only to: • the continuously or intermittently flowing body of fresh water, including in a modified watercourse; and • The bed of the river or stream (at its fullest flow within its banks), where owned by the Crown (refer section 2.8 of Acknowledgements document) • Rivers Advisory Board – ToR completed

Other recognition areas Legal Recognition to sights of significance • Overlay classifications over ; Titi Island and the Chetwode Islands and associated rocks ie Rotoiti and Rotoroa for Kurahaupo • Statutory Acknowledgement which registers the association between any iwi and a particular site or area and enhances Ngati Kuia ability to participate in specified Resource Management Act processes. • Deeds of Recognition which oblige the Crown to consult with TTI Iwi on specified matters and have regard to their views regarding their special associations with certain areas. • Statutory acknowledgements and deeds of recognition offers in relation to rivers within an iwi area of interest.

Takutai Moana/post 1992 contemporary claims

Customary Marine Title • 62Rights conferred by customary marine title • (1)The following rights are conferred by, and may be exercised under, a customary marine title order or an agreement on and from the effective date: • (a)a Resource Management Act 1991 ( RMA ) permission right ( see sections 66 to 70); and • (b)a conservation permission right ( see sections 71 to 75); and • (c)a right to protect wāhi tapu and wāhi tapu areas ( see sections 78 to 81); and • (d)rights in relation to — – (i)marine mammal watching permits ( see section 76); and – (ii)the process for preparing, issuing, changing, reviewing, or revoking a New Zealand coastal policy statement ( see section 77); and • (e)the prima facie ownership of newly found taonga tūturu ( see section 82); and • (f)the ownership of minerals other than — – (i)minerals within the meaning of section 10 of the Crown Minerals Act 1991; or – (ii)pounamu to which section 3 of the Ngai Tahu (Pounamu Vesting) Act 1997 applies ( see section 83); and • (g)the right to create a planning document ( see sections 85 to 93). • (2)Subsection (3) applies if a person applies for a resource consent, a permit, or an approval in relation to a part of the common marine and coastal area in respect of which — • (a)no customary marine title order or agreement applies; but • (b)either — – (i)an applicant group has applied to the Court under section 100 for recognition of customary marine title and notice has been given in accordance with section 103; or – (ii)an applicant group has applied to enter negotiations under section 95. • (3)Before a person may lodge an application that relates to a right conferred by a customary marine title order or agreement, that person must — • (a)notify the applicant group about the application; and • (b)seek the views of the group on the application.