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
• f 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

• ther

Te Tau Ihu Statutory Acknowledgement Areas

• Application to a river or stream (including a

tributary):

• The Statutory Acknowledgement Area applies
• nly 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
• wned 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.