In the “West Coast Conservation Management Strategy

The New Zealand courts have indicated that the Treaty of Waitangi has created a relationship akin to a partnership between the Crown and Māori. Each party is obliged to act towards the other honourably and co-operatively. The Crown must make informed decisions to avoid actions that create further grievances and prevent redress. The Treaty principles include notions of reasonableness, awareness of the other Treaty partner’s views, willingness to consider those views, fairness and good faith and are set out in Chapter 2 of the Conservation General Policy 2005 and in more detail in Section 3.1.1. Treaty partnership involves the Department and Poutini Ngāi Tahu/Ngāi Tahu working together to ensure that the principles of the Treaty of Waitangi are given effect to in all relevant aspects of conservation management within the West Coast Tai Poutini Conservancy, to the extent consistent with the Department’s functions and the over-riding conservation purpose of the conservation legislation. Section 3.1.2 outlines objectives and policies relating to the Department’s responsibilities under the Treaty of Waitangi. An overview of Poutini Ngāi Tahu association with the West Coast Te Tai o Poutini (written by Ngāi Tahu) is presented in Appendix 1, providing background context to Section 3.1.2. Section 3.1.3 includes objectives and policies relating to the Department’s responsibilities under Ngāi Tahu Settlement legislation. The chapter ends with Section 3.1.4, which contains objectives and policies relating to the Ngāi Tahu (Pounamu Vesting) Act 1997.

3.1.1 Principles of the Treaty of Waitangi

The Conservation Act 1987 and all the Acts listed in its First Schedule “shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi” (section 4, Conservation Act 1987). Where, however, there is clearly an inconsistency between the provisions of any of these Acts and the principles of the Treaty, the provisions of the relevant Act will apply. Specific provisions in the Ngāi Tahu (Pounamu Vesting) Act 1997, Ngāi Tahu Deed of Settlement 1997 and Ngāi Tahu Claims Settlement Act 1998 are also relevant. The consequence of the implementation of Treaty-related legislation by the Department and other agencies with statutory powers under the Conservation Act 1987 and related legislation is that Poutini Ngāi Tahu/Ngāi Tahu, as a Treaty partner, have an acknowledged range of roles in statutory and administrative processes reflecting their interests, and an evolving range of relationships with the Department and others.

The New Zealand Courts have determined that the Crown’s obligations to give effect to the principles of the Treaty of Waitangi include notions of reasonableness, awareness of other Treaty parties’ views, willingness to accommodate those views, fairness and good faith. These principles are still evolving but the following represent a summary:

Kāwanatanga (Article I of the Treaty): The authority to make laws for the good order and security of the country.

Tino Rangatiratanga (Article II of the Treaty, Māori version): The right of Māori to exercise traditional authority and control over their land, resources and taonga.

Exclusive and Undisturbed Possession (Article II of the Treaty – English version): The right of Māori to exclusive and undisturbed possession of their land, forests, estates and fisheries.

Ōritetanga (Article III of the Treaty, both versions): The right of Māori and non-Māori alike to equality of treatment and the privileges and responsibilities of citizenship.

Kaitiakitanga (Duty of guardianship/custodianship/stewardship): The right of Māori to undertake their duty of kaitiakitanga over their land and resources and taonga of significance to them.

Whakawhanaungatanga (Partnership and relationships): The Treaty provides for a partnership between Māori and the Crown, which requires the parties to afford each other reasonable co-operation and utmost good faith, in accordance with their Treaty obligations.

Tautiaki ngangahau (Duty of active protection): The duty of the Crown to ensure the active protection of taonga for as long as Māori so wish it.

He here kia mōhio (Duty to be informed): The duty of the Crown to make informed decisions.

Whakatika i te mea hē (Duty of redress): The duty of the Crown to remedy past breaches of the Treaty and to prevent further breaches.

3.1.2 Treaty partnership in action

The Department’s West Coast Tai Poutini Conservancy is responsible for the management of approximately 1.912 million hectares of land, which contains wāhi tapu (sacred sites), urupā (burial sites), awa (rivers), maunga (mountains), ngahere (forests), indigenous species, moana (sea or large lakes), toka (rocks) and papa kāinga (village). In the management and care of these taonga, the Department wants to work closely and actively with its Treaty partner, Poutini Ngāi Tahu/Ngāi Tahu, to facilitate the active participation of tangata whenua in conservation management at both the local and national level.

The Department and Poutini Ngāi Tahu/Ngāi Tahu have similar objectives in conservation management - protecting and enhancing what is special about New Zealand for future generations and fostering people’s benefit and enjoyment of public conservation lands. The Ngāi Tahu settlement legislation provides a foundation for the Crown and Ngāi Tahu to work together to give effect to the principles of the Treaty of Waitangi. The objectives and policies presented herein give further direction to the Department for building and strengthening an effective partnership with its Treaty partner.

Ongoing and regular communication is fundamental to the maintenance of a good partnership relationship. In maintaining this communication, kanohi ki te kanohi (face to face) communication is especially valued by Poutini Ngāi Tahu. Both Papatipu Rūnanga currently meet regularly with West Coast Tai Poutini Conservancy and Area staff. These meetings serve as good forums for information exchange, raising issues of concern, getting advice and monitoring the progress of business plan projects. Formal meetings are also held with Te Rūnanga o Ngāti Waewae, Te Rūnanga o Makaawhio and Te Rūnanga o Ngāi Tahu at least once a year to discuss the Conservancy’s business plan. This meeting includes reviewing progress on projects that Ngāi Tahu have advocated in the previous year for a range of outcomes that they would like to see the Department deliver, and enabling Ngāi Tahu to have input into the coming year’s business plan.

Section 3.1.2 outlines how the Department intends to work with tangata whenua in order to give effect to the principles of the Treaty of Waitangi (see Section 3.1.1), when interpreting and administering legislation. Some of the policies in this section involve implementation of the protocols presented in Appendix 2. In order to have regard to kaitiakitanga, and to ensure that Poutini Ngāi Tahu views and values are considered, consultation will be undertaken with the appropriate Papatipu Rūnanga: Te Rūnanga o Ngāti Waewae and/or Te Rūnanga o Makaawhio, and with Te Rūnanga o Ngāi Tahu. For consultation purposes arising from this CMS, initial contact should be through the Papatipu Rūnanga who act as kaitiaki over the area concerned. The rohe of Te Rūnanga o Ngāti Waewae and Te Rūnanga o Makaawhio are described in Appendix 1, Section 1.1 and illustrated on Map 2.

3.1.2.1 Treaty of Waitangi relationships

The following objective and policies apply to all parts of this CMS.

Objective

  1. To give effect to the principles of the Treaty of Waitangi when interpreting and administering conservation legislation.

Policies

  1. Relationships with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu will be maintained and strengthened, to enhance conservation. These relationships should be based on mutual good faith, co-operation and respect.
  2. Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu will be consulted when statutory planning documents (such as conservation management plans and national park management plans) are being developed. Information will be made available to facilitate their contributions.
  3. Papatipu Rūnanga and, where required, Te Rūnanga o Ngāi Tahu will be consulted on specific proposals that involve places or resources of spiritual or historical and cultural significance to them.
  4. Consultation with Poutini Ngāi Tahu/Ngāi Tahu will be early, ongoing, informed and effective6.
  5. The Department will continue to work with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu to develop and implement appropriate consultation processes6, including methods for determining and consulting on conservation issues of importance to Poutini Ngāi Tahu/Ngāi Tahu.
  6. Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu involvement and participation in conservation on public conservation lands and waters will be encouraged and may be supported with information and technical advice.

See also
Section 2.1.2.1 Treaty partners
Section 3.1.1 Principles of the Treaty of Waitangi
Conservation General Policy 2005, Policies 2(a)-(j)
General Policy for National Parks 2005, Policies 2(a)-(j)

3.1.2.2 Recognition of kaitiakitanga

Objectives

  1. To give recognition and effect to Poutini Ngāi Tahu values in conservation management, where consistent with legislation.
  2. To continue to acknowledge and support Poutini Ngāi Tahu as the kaitiaki of the West Coast Te Tai o Poutini.
  3. To support Papatipu Rūnanga in work undertaken with the Department.

Policies

  1. Regular kanohi ki te kanohi (face to face) meetings will be held between Conservancy and Area staff, Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu to work through strategic issues, such as development or review of the Conservancy’s operational documents and annual business plans, and development or review of national strategy or policy; and between Area and Conservancy staff and Papatipu Rūnanga to work through day-to-day management issues at the Area level.
  2. Traditional environmental management systems and techniques (mātauranga Ngāi Tahu) will be recognised and may be incorporated, where practicable and appropriate, in conservation management (e.g. rāhui).
  3. Opportunities for Departmental staff to increase their understanding of Poutini Ngāi Tahu values and mātauranga Ngāi Tahu relating to conservation management will be identified and promoted.
  4. Opportunities for Poutini Ngāi Tahu to increase their understanding of the conservation legislation and Departmental conservation management systems and techniques will be identified and promoted.
  5. The Department will support Papatipu Rūnanga conservation projects, with information and technical advice.

See also
Section 4.1.1.1 Partnership with tangata whenua in 2020
Appendix 1: Section 1.4 Mātauranga Ngāi Tahu, Section 1.5 Rangatiratanga and Section 1.6 Kaitiaki

3.1.2.3 Mahinga kai

Objectives

  1. To recognise the cultural importance of mahinga kai places and resources to Poutini Ngāi Tahu/Ngāi Tahu where practicable and consistent with legislation.
  2. To give effect to the Ngāi Tahu Deed of Settlement’s Department of Conservation Protocols, including those relating to Resource Management Act 1991 advocacy.

Policies

  1. The Department should work with Papatipu Rūnanga to protect mahinga kai and other cultural resources located within public conservation lands.
  2. The Department should work with Papatipu Rūnanga to advocate for the protection of mahinga kai and other cultural resources located outside of public conservation lands, in circumstances where advocacy issues and priorities are of mutual concern.
  3. The Department may assist Papatipu Rūnanga, through the provision of information and technical advice, to increase their effectiveness in advocacy for the protection of mahinga kai and other cultural resources located outside of public conservation lands, e.g. in their role as participants in local authority planning processes (see Section 3.8.3).
  4. The Department will consult with Papatipu Rūnanga and notify Te Rūnanga o Ngāi Tahu on proposed land disposals, exchanges, land status changes and administering body changes within the Conservancy (see Section 3.8.2).

See also
Chapter 3.3 Natural Heritage Conservation
Section 3.3.3.2 Maintenance and restoration of the indigenous natural character of ecosystems
Section 3.7.7 Military use
Section 3.7.9 Research, collection and Wildlife Act permits
Section 3.8.2 Statutory land management
Section 3.8.3 Statutory advocacy
Section 4.1.1.1 Partnership with tangata whenua in 2020
Appendix 1, Section 1.8 Mahinga kai and customary use
Appendix 2, Department of Conservation Protocols

3.1.2.4 Ritenga tāonga tuku iho - Customary use

Applications can be made for the customary use of animals and plants under the Conservation Act 1987, the National Parks Act 1980, the Wildlife Act 1953, the Marine Mammals Protection Act 1978 and the Reserves Act 1977. Through the Ngāi Tahu Claims Settlement Act 1998, Ngāi Tahu Whānui do not require a permit to hold specimens (dead bodies or parts of them) that are protected by the Wildlife Act 1953. Permits are required to hold whale bone and take plant materials and clays from public conservation lands. Permits are required to take native fish from reserves and national parks. The Department works with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu to develop and implement guidelines for the allocation of cultural materials. Policies relating to mining of pounamu, which is owned by Ngāi Tahu, are outlined in Section 3.1.4 Ngāi Tahu (Pounamu Vesting) Act 1997.

Objectives

  1. To give effect to the customary use of natural resources by Poutini Ngāi Tahu/Ngāi Tahu, consistent with kaitiakitanga, the relevant legislation, regulations and general policies, and the purposes for which the land is held.
  2. To give effect to the Ngāi Tahu Deed of Settlement’s Department of Conservation Protocols in relation to cultural materials, freshwater fisheries, and culling of species of interest to Poutini Ngāi Tahu/Ngāi Tahu (see Appendix 2).

Policies

  1. The cultural material application process developed by Te Rūnanga o Ngāi Tahu and the Department will be implemented in order to give effect to the Deed of Settlement’s Department of Conservation Protocols in relation to cultural materials.
  2. Cultural materials which have come into the Department’s possession will be held in a cultural materials bank, or elsewhere as agreed by the Department, Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga, for allocation.
  3. The Department will:
    • a) maintain a register of cultural materials (e.g. birds, timber) that become available for cultural use and make this information available to Papatipu Rūnanga on a regular basis;
    • b) work with Papatipu Rūnanga to establish which dead specimens are priorities for cultural use and inform the public on how to forward these dead specimens to the Department for storage in the cultural materials bank;
    • c) work with Papatipu Rūnanga to develop and implement guidelines that help define levels of customary use of cultural materials, and set conditions, after consideration of tikanga, to be met for gathering;
    • d) where reasonably practicable, agree to Poutini Ngāi Tahu/Ngāi Tahu having access to cultural materials which become available as a result of earthworks, mining operations or track or road maintenance or clearance; and
    • e) support and encourage Papatipu Rūnanga in the identification of local sources of plants and provide advice to Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu with respect to the establishment of cultivation sites (e.g. harakeke may be used for weaving, rongoa (medicinal plants) for healing).
  4. The Department should work with Papatipu Rūnanga on cultural material protection, taking and use (e.g. appropriate methods for cutting flax harakeke during track clearance work etc), and in the recovery of materials from dead marine mammals (see Section 3.3.3.4).
  5. A system should be developed with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu that allows Papatipu Rūnanga and named Ngāi Tahu Whānui to hold long-term/ongoing permits for culturally significant resources (e.g. kiekie) at particular sites, as appropriate.
  6. Permits for shooting birds (such as “nuisance” birds at airports etc) should include a condition stating that, where practicable, Papatipu Rūnanga will be notified prior to the event, to enable them to access the materials for cultural use.
  7. Papatipu Rūnanga initiatives to manage the customary take of whitebait and protect the indigenous freshwater fisheries in the West Coast Te Tai o Poutini should be supported.Papatipu Rūnanga involvement in the Department’s efforts to preserve indigenous freshwater fisheries and protect freshwater fish habitat should also be sought. (see Section 3.3.3.3)
  8. Customary take of eels and other indigenous freshwater fish may be provided for within reserves where:
    • a) the effects of harvest are reasonably well understood and are unlikely to have a significant impact on indigenous species or ecosystems within those waters; and
    • b) the activity is consistent with any conservation management plan for that area; and
    • c) it is not contrary to section 50 of the Reserves Act 1977 (see Section 3.3.3.3).
  9. Non-commercial customary take of eels and other indigenous freshwater fish within national parks requires written consent from the Minister and may be authorised on a case-by-case basis in accordance with Policy 4.4(f), General Policy for National Parks 2005:

See also
Section 3.3.3.3 Management of freshwater fisheries
Section 3.3.3.4 Management of marine protected species
Chapter 3.5 Authorised uses of public conservation lands
Section 3.6.4.13 Recreational fishing (including eeling and whitebaiting)
Section 3.7.9 Research, collection and Wildlife Act permits
Section 4.1.1.1 Partnership with tangata whenua in 2020
Appendix 1, Section 1.8 Mahinga kai and customary use
Appendix 2, Department of Conservation Protocols
Conservation General Policy 2005, Policies 2(g), 4.1(e)
General Policy for National Parks 2005, Policies 2(g), 4.4(f)

3.1.2.5 Protection of wāhi tapu and wāhi taonga

Objectives

  1. To protect wāhi tapu and wāhi taonga located within public conservation lands, and/or the values associated with them, from natural threats and adverse effects of use or management, where practicable and appropriate.
  2. To give effect to the Ngāi Tahu Deed of Settlement’s Department of Conservation Protocols in relation to historic resources and Resource Management Act 1991 advocacy.

Policies

  1. Any work undertaken by the Department or others in respect to wāhi tapu and Māori archaeological sites located within public conservation lands will be undertaken in partnership with the relevant Papatipu Rūnanga.
  2. The Department will work with Papatipu Rūnanga to ensure that methods and processes are put in place to proactively protect wāhi tapu and wāhi taonga sites located within public conservation lands from human disturbance. Procedures for the management of wāhi tapu will acknowledge the customary and Treaty rights of Poutini Ngāi Tahu.
  3. The Department recognises that non-disclosure of locations of important places or information relating to those places is a practice sometimes used by Poutini Ngāi Tahu to preserve the sanctity of a place. The Department will work with Papatipu Rūnanga to ensure that processes are in place to protect areas of special spiritual significance and information relating to Māori archaeological sites, wāhi tapu and other wāhi taonga.
  4. When there are issues of mutual concern, the Department may support Papatipu Rūnanga advocacy under the Resource Management Act 1991 in respect to protection of wāhi tapu sites located outside of public conservation lands, in accordance with the Deed of Settlement’s Department of Conservation Protocols in relation to Resource Management Act advocacy.

See also
Section 3.1.2.6 Management of historical and cultural heritage
Section 3.1.2.7 Poutini Ngāi Tahu cultural interpretation
Section 4.1.1.1 Partnership with tangata whenua in 2020
Appendix 1, Section 1.13 Wāhi tapu / wāhi taonga
Appendix 2, Department of Conservation Protocols

3.1.2.6 Management of historical and cultural heritage

Much of the historical and cultural heritage located within public conservation lands is of cultural and spiritual significance to Poutini Ngāi Tahu/Ngāi Tahu. Effective relationships with Papatipu Rūnanga and Poutini Ngāi Tahu hapū or whanau are essential in all aspects of management of these historic places.

Policies

  1. The Department should consult with Poutini Ngāi Tahu regarding historic work generally, to ensure that their interests are recognised.
  2. The Department will work with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu to ensure that the Deed of Settlement’s Department of Conservation Protocols in relation to historic resources are being given effect to in the day-to-day management of historical and cultural heritage of significance to Poutini Ngāi Tahu/Ngāi Tahu (see also the relevant Papatipu Rūnanga natural resources management plan).
  3. Papatipu Rūnanga should be made aware of all information held by the Department about Māori archaeological sites on the West Coast Te Tai o Poutini and have access to this information.
  4. The Department should work with Poutini Ngāi Tahu in the management of sites of historical or cultural significance to them, where they are located within public conservation lands, including archaeological investigation, protection, conservation and interpretation.
  5. The Department should work with Papatipu Rūnanga to identify priority sites of historical and/or cultural significance to Poutini Ngāi Tahu within public conservation lands, and work together to address management needs, such as further survey, research, active management or recovery work.
  6. The Department should work with Poutini Ngāi Tahu to develop cooperative projects covering a range of options for the management of historic places of significance to them.
  7. The Department may support and cooperate with Poutini Ngāi Tahu in Māori history projects that they have initiated which relate to public conservation lands.
  8. The Department may support, with information and technical advice, Papatipu Rūnanga, where appropriate, in the active management or recovery of information and/or artifacts at sites located within and adjacent to public conservation lands (e.g. coastal sites at risk from erosion).
  9. The Department should support, with information and technical advice, Poutini Ngāi Tahu in advocacy for protection of historic places located beyond public conservation lands, where this is of mutual interest to both parties.

See also
Section 3.1.2.5 Protection of wāhi tapu and wāhi taonga
Section 3.1.2.7 Poutini Ngāi Tahu cultural interpretation
Chapter 3.4 Historical and Cultural Heritage Conservation
Section 4.1.1.1 Partnership with tangata whenua in 2020
Appendix 2, Department of Conservation Protocols
General Policy for National Parks 2005, Policy 5(c)

3.1.2.7 Poutini Ngāi Tahu cultural interpretation

Objectives

  1. To ensure that all cultural interpretation provided by the Department in relation to West Coast Te Tai o Poutini public conservation lands is culturally appropriate and accurate.
  2. To ensure that appropriate Departmental processes support Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu in providing cultural interpretation.
  3. To encourage concessionaires who intend to provide cultural interpretation as part of their concession activity to use information that is culturally appropriate and accurate.
  4. To give effect to the Ngāi Tahu Deed of Settlement’s Department of Conservation Protocols in relation to historic resources and visitor and public information.

Policies

  1. Public information and cultural interpretation, where it refers to places or resources of significance to Poutini Ngāi Tahu/Ngāi Tahu, should be developed with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu. It should include Māori place and species names, make appropriate use of te reo Māori, and draw attention to Poutini Ngāi Tahu/Ngāi Tahu values. The Department will consult with, and where appropriate enter into agreements with, Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu about the provision of Poutini Ngāi Tahu cultural interpretation relating to West Coast Te Tai o Poutini public conservation lands.
  2. The Department will consult Papatipu Rūnanga in a timely manner when undertaking interpretation projects requiring their input. Where necessary, the Department may enter into a contract with Papatipu Rūnanga, to supply Poutini Ngāi Tahu interpretation.
  3. When the Minister grants concessions that seek to use or promote Poutini Ngāi Tahu cultural information, the Minister will encourage the concessionaire to consult the relevant Papatipu Rūnanga before using that information. The standard conditions for cultural interpretation will be attached to every relevant concession (see Chapter 3.5).
  4. Concession applicants will be made aware of cultural interpretation resources that the Department has developed with Poutini Ngāi Tahu/ Ngāi Tahu.
  5. The Department will work with other relevant conservancies and Te Rūnanga o Ngāi Tahu to develop and implement guidelines relating to the use of Poutini Ngāi Tahu/Ngāi Tahu knowledge of places of historic significance to Poutini Ngāi Tahu/Ngāi Tahu, including the use of this information by the Department, in accordance with the Deed of Settlement’s Department of Conservation Protocols in relation to visitor and public information.

See also
Section 3.1.2.5 Protection of wāhi tapu and wāhi taonga
Section 3.2.1 Public awareness and education
Chapter 3.4 Historical and Cultural Heritage Conservation
Chapter 3.5 Authorised uses of public conservation lands
Section 3.6.3.2 Provision of recreation services
Section 4.1.1.1 Partnership with tangata whenua in 2020
Appendix 1, Section 1.15 Cultural interpretation
Appendix 2 – Department of Conservation Protocols

3.1.3 Responsibilities under the Ngāi Tahu Deed of Settlement 1997 and Ngāi Tahu Claims Settlement Act 1998

Section 3.1.3 presents background information on some of the mechanisms in the Ngāi Tahu Claims Settlement Act 1998. These mechanisms directly affect how the Department manages parts of particular public conservation lands within the West Coast Tai Poutini Conservancy7. They are all directed at providing Ngāi Tahu with meaningful input into Departmental decision-making and relate to specified aspects of management and administration of certain areas of land and species which affect Ngāi Tahu’s interests. These ‘cultural redress’ elements of the Settlement are aimed at helping re-establish Ngāi Tahu’s strong connection to the land and its taonga, as described in Appendix 1. Approximate locations of tōpuni, statutory adviser sites, deed of recognition areas and nohoanga entitlement sites are presented on Map 4. References to, and extracts from, the relevant parts of the Ngāi Tahu settlement legislation are provided in Appendix 3. The following objective relates to each of the policies presented in this section:

Objective

  1. To give effect to the Department’s obligations under the Ngāi Tahu Deed of Settlement 1997 and Ngāi Tahu Claims Settlement Act 1998.

3.1.3.1 Tōpuni

The concept of tōpuni derives from the traditional Ngāi Tahu tikanga (custom) of persons of rangatira (chiefly) status extending their mana and protection over a person or area by placing their cloak over them or it. In its new application a tōpuni confirms and places an overlay of Poutini Ngāi Tahu/Ngāi Tahu values on specific pieces of land managed by the Department. A tōpuni does not over-ride or alter the existing land status (e.g. national park), but ensures that Poutini Ngāi Tahu/ Ngāi Tahu values are also recognised, acknowledged and provided for. In the West Coast Tai Poutini Conservancy, tōpuni have been placed over Kahurangi [Point] in Kahurangi National Park, Ōtūkoro Iti near Kahurangi Point and Tititea (Mt Aspiring) in Mt Aspiring National Park. A tōpuni involves three levels of information:

  • A statement of the Ngāi Tahu values in relation to the area.
  • A set of principles aimed at ensuring that the Department avoids harming or diminishing those values.
  • Specific actions which the Director General of Conservation has agreed to undertake to give effect to those principles.

The extracts relating to each of these are included in Appendix 3. The Department, the West Coast Tai Poutini Conservation Board and the New Zealand Conservation Authority must have particular regard for these values and principles when developing any policy, strategy or plan affecting a tōpuni area, and must consult with Poutini Ngāi Tahu and Te Rūnanga o Ngāi Tahu and have particular regard to their views as to the effect of that policy, strategy or plan on the Ngāi Tahu values.

Policies

  1. Poutini Ngāi Tahu/Ngāi Tahu may erect and maintain a pou whenua within the Kahurangi Tōpuni.
  2. The Department will consult and work with Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga regarding implementation of the specific principles and actions relating to the Kahurangi, Ōtūkoro Iti and Tititea (Mount Aspiring) Tōpuni areas (see Appendix 3).

3.1.3.2 Statutory Advisor sites

The appointment of Te Rūnanga o Ngāi Tahu as Statutory Adviser for a site enables Te Rūnanga o Ngāi Tahu to have greater input to the management of that site. The Minister of Conservation must have particular regard to any advice received directly from Te Rūnanga o Ngāi Tahu in relation to a Statutory Adviser site when considering any draft CMS, conservation management plan or national park management plan affecting that site, or when making written recommendations to the New Zealand Conservation Authority in respect of that site. Sites for which Te Rūnanga o Ngāi Tahu has a Statutory Adviser role in the West Coast Tai Poutini Conservancy are Kahurangi, Ōtūkoro Iti, Lake Mahināpua and Tititea (Mt Aspiring).

View Map 4 – Location of sites of cultural redress identified in the Ngāi Tahu Claims Settlement Act 1998

Policy

  1. The Department will consult and work with Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga over conservation management matters relating to the Kahurangi, Ōtūkoro Iti, Lake Mahināpua and Tititea (Mount Aspiring) Statutory Adviser sites, in accordance with sections 230-233 of the Ngāi Tahu Claims Settlement Act 1998.

3.1.3.3 Deed of Recognition

A Deed of Recognition provides for Ngāi Tahu input into the decision-making processes of the Crown body responsible for administration of each named area, which in the main is the Department8. A Deed of Recognition recognises Ngāi Tahu’s historic, spiritual, cultural and traditional relationship with each area and the mana and tangata whenua status which results from that relationship. A Deed of Recognition creates an obligation on the Department to consult with Poutini Ngāi Tahu and Te Rūnanga o Ngāi Tahu and to have particular regard to their views in relation to the management of each area.

There are 11 areas in the West Coast Tai Poutini Conservancy that have a Deed of Recognition. They are: Ōkari Lagoon, Kotuku-Whakaoho (Lake Brunner/Moana), Taramakau River, Lake Mahināpua, Lake Kaniere, Pouera (Saltwater Lagoon), Ōkārito Lagoon, Karangarua Lagoon, Makaawhio (Jacobs) River, Lake Paringa and Tititea (Mt Aspiring). The statements of Ngāi Tahu values and actions relating to these Deed of Recognition areas are included in Appendix 3.

Policy

  1. The Department will consult and work with Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga over implementation of the provisions in clauses 3.1– 3.3 of the attachments to section 12 of the Ngāi Tahu Deed of Settlement 1997 in relation to Deed of Recognition areas (see Appendix 3).

3.1.3.4 Nohoanga

The term nohoanga literally means ‘a place to sit’ and traditionally referred to the seasonal occupation sites which were an integral part of the mobile lifestyle of Ngāi Tahu tūpuna (ancestors) as they moved around Te Waipounamu in pursuit of various foods and other natural resources, such as pounamu. This traditional concept has been given contemporary effect in the Ngāi Tahu Claims Settlement Act 1998 through the provision to Ngāi Tahu of 72 temporary campsites adjacent to lakes and rivers to facilitate customary fishing and gathering of other natural resources. Seventeen of these campsites are located within the West Coast Tai Poutini Conservancy: Pororari River (no domestic animals), Punakaiki River (no domestic animals), Taramakau River, Lake Brunner Kōtuku Whakaoho, Lake Haupiri, Lady Lake (no domestic animals), Lake Kaniere (no domestic animals), Mikonui River (two sites: one site on north bank and one site on south bank), Ōkārito Lagoon/River (single site; no domestic animals), Karangarua River and estuary (single site; no domestic animals), Mahitahi River (no domestic animals), Waita River and Māori [Tawhārekiri] Lakes (single site), Okuru River, Waiatoto Lagoon (two sites: one site on north bank and one site on south bank), and Cascade River (no domestic animals).

The nohoanga are entitlements to occupy, temporarily and exclusively, an area of lakeshore or riverbank for the purposes of lawful fishing and the gathering of other natural resources. The nohoanga may be used for up to 210 days each year between mid-August and the end of April. The nohoanga are approximately one hectare in size, are set back from marginal strips and are sited so as not to interfere with existing public access or use. They are subject to all legislation, bylaws, regulations and land and water management practices, such as weed, pest and river control. Since the settlement, some sites have been found to be unsuitable for their purpose (e.g. there is no practical access to the Ōkuru site). For this reason, replacement nohoanga entitlement sites are likely to be sought at some places.

Nohoanga provide Ngāi Tahu Whānui (individuals) with an opportunity to experience the landscape as their tūpuna did, and to rekindle the traditional practices of gathering food and other natural resources, so long an essential part of Ngāi Tahu culture.

Policies

  1. The Department will seek to ensure that Ngāi Tahu access to the 17 nohoanga entitlement sites in the West Coast Tai Poutini Conservancy is unimpeded, and that these sites are managed in accordance with sections 255-268 of the Ngāi Tahu Claims Settlement Act 1998.
  2. The Department will work with Te Rūnanga o Ngāi Tahu in the event that nohoanga entitlement exchanges are considered desirable due to the unsuitable nature of the current site.

See also
Schedule 95 of the Ngāi Tahu Claims Settlement Act 1998.

3.1.3.5 Place name changes

Place names are a significant symbol of Ngāi Tahu’s relationship with the landscape. The following 26 place names in the West Coast Tai Poutini Conservancy have been officially changed to dual English and Māori names in recognition of this: Cave Creek Kotihotiho, Ten Mile Creek Waianiwaniwa, Nine Mile Creek Kotorepi, Seven Mile Creek Waimatuku, Grey River Māwheranui, Refuge Island Takataka, New River Kaimata, Greenstone River Hokonui, Mahināpua Creek Tūwharewhare, Island Hill Tumuaki, Rocky Point Tauotikirangi, The Doughboy Kokiraki, Mount Upright Te Taumata o Uekanuku, Mount Harman Kaniere, Browning Pass Noti Raureka, Lake Browning Whakarewa, Lake Ianthe Matahi, Westland National Park Tai Poutini National Park, Alpine Lake Ata Puai, Franz Josef Waiau (township), Cook River Weheka, Franz Josef Glacier Kā Roimata o Hinehukatere (glacier only), Fox Glacier Te Moeka o Tuawe (glacier only), Gillespies Point Kōhaihai, Jackson Bay Ōkahu (Bay only), and Mount Aspiring Tititea.

Policy

  1. The 26 dual English and Māori place names listed above will be used in any future maps, signage, interpretation or other publications provided by the Department about those sites.

See also
Schedule 96 of the Ngāi Tahu Claims Settlement Act 1998.
Appendix 1, Section 1.14 Wāhi ingoa

3.1.3.6 Taonga species

Through the Ngāi Tahu Claims Settlement Act 1998, the Crown acknowledges the cultural, spiritual, historical and traditional association of Ngāi Tahu with some of their taonga (treasured) species. A number of plant, bird, fish, shellfish and marine mammal taonga species are listed in the Act (see Appendix 4), although this is not a comprehensive list of all of the species that are taonga to Poutini Ngāi Tahu. Many of the listed taonga species are threatened species which the Department is currently actively managing. The Act provides for greater Ngāi Tahu participation in the management of these taonga species, including involvement in some species recovery groups and consultation over species management. For example, Te Rūnanga o Ngāi Tahu has a representative on the national kiwi, Westland petrel taiko and weka recovery groups.

Policies

  1. The Department will consult with Papatipu Rūnanga and Te Rūnanga o Ngāi Tahu and have particular regard to their views when making decisions concerning the protection, management or conservation of the taonga species listed in Appendix 4, including the transfer of these taonga species to or from the Ngāi Tahu rohe.
  2. 2. Opportunities that provide for the active involvement of Poutini Ngāi Tahu/Ngāi Tahu in taonga species management projects should be identified.

See also
Sections 293 and 294 of the Ngāi Tahu Claims Settlement Act 1998.

3.1.3.7 Department of Conservation protocols

Through the Ngāi Tahu Claims Settlement Act 1998, the Minister of Conservation has issued protocols in relation to how the Department and Te Rūnanga o Ngāi Tahu will work together on specified matters of cultural importance to Ngāi Tahu. The Act defines a protocol (in section 281) as “…a statement in writing, issued by the Crown through the Minister of Conservation to Te Rūnanga o Ngāi Tahu, which sets out: (a) how the Department of Conservation will exercise its functions, powers and duties in relation to specified matters within the Ngāi Tahu claim area; and (b) how the Department of Conservation will, on a continuing basis, interact with Te Rūnanga o Ngāi Tahu and provide for Te Rūnanga o Ngāi Tahu input into its decision-making process”. The protocols issued to date cover cultural materials, historic resources, freshwater fisheries, culling of species, visitor and public information, and Resource Management Act 1991 advocacy. The protocols make general statements about how the Department should conduct work with Ngāi Tahu in these areas. The protocols also provide for Ngāi Tahu to have input into the Department’s annual business planning process. These protocols have been referred to in Part 3 where relevant and are presented in full in Appendix 2.

Policy

  1. The Department will consult and work with Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga over implementation of all Department of Conservation protocols (see Appendix 2).

3.1.4 Ngāi Tahu (Pounamu Vesting) Act 1997

The overall Ngāi Tahu claims settlement includes the Ngāi Tahu (Pounamu Vesting) Act 1997 (“the Act”). The Act vested in Te Rūnanga o Ngāi Tahu all pounamu (otherwise known as greenstone, including all nephrite, semi nephrite, bowenite and specific serpentine resources) in its natural condition within the takiwā (tribal area) of Ngāi Tahu Whānui. Te Rūnanga o Ngāi Tahu subsequently executed a deed vesting in the Māwhera Incorporation all pounamu within the catchment area of the Arahura River. Pounamu is managed in accordance with the Te Rūnanga o Ngāi Tahu Pounamu Resource Management Plan and the local Papatipu Rūnanga pounamu management plans, which are currently in development.

The Department is working with Te Rūnanga o Ngāi Tahu on an access arrangement between the Minister of Conservation and Te Rūnanga o Ngāi Tahu under the Crown Minerals Act section 61A and 61B. The intention is that this Tribal Access Arrangement would allow for Ngāi Tahu Whānui to remove pounamu from public conservation lands, subject to certain conditions to ensure the protection of conservation values.

No member of the public can knowingly disturb, remove or recover pounamu from public conservation land without the consent of Te Rūnanga o Ngāi Tahu and the relevant Papatipu Rūnanga. An access arrangement from the Minister of Conservation would also be required. Where any pounamu is discovered, the occurrence should be notified to Te Rūnanga o Ngāi Tahu. Te Rūnanga o Ngāi Tahu should also be contacted, in the first instance, about all other enquiries and matters relating to pounamu.

Objective

  1. To recognise the ownership of pounamu by:
    • a) T e Rūnanga o Ngāi Tahu; and
    • b) Māwhera Incorporation within the catchment area of the Arahura river.
  2. To ensure that the relevant parts of the Ngāi Tahu (Pounamu Vesting) Act and the Crown Minerals Act 1991 are given effect to when activities associated with pounamu occur within West Coast Tai Poutini Conservancy public conservation lands.

Policies

  1. Any removal of pounamu by Ngāi Tahu Whānui will be undertaken with the consent of the pounamu owner in accordance with an access arrangement granted by the Minister of Conservation under section 61B of the Crown Minerals Act 1991.
  2. The Department will advise Te Rūnanga o Ngāi Tahu of any application received for accessing pounamu in or on public conservation lands.
  3. The Department will ensure relevant staff are aware of the provisions of the Te Rūnanga o Ngāi Tahu Pounamu Resource Management Plan and subsequent Papatipu Rūnanga pounamu management plans and the Tribal Access Arrangement.
  4. The Department will help to ensure the protection of pounamu by alerting concessionaires and the public that pounamu belongs to Ngāi Tahu and is managed by Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga in accordance with their pounamu management plans.
  5. All concession and mining-related activities undertaken within public conservation lands with the potential to affect pounamu owned by Te Rūnanga o Ngāi Tahu should carry the standard conditions for pounamu protection (see Chapter 3.5).

See also
Chapter 3.5 Authorised uses of public conservation lands
Section 3.7.5 Crown minerals
Appendix 1, Section 1.12 Pounamu 


6 The current “Guideline for Department of Conservation liaison with Papatipu Rūnanga and Te Rūnanga O Ngāi Tahu” will be used as a template for this process. The effectiveness of consultation can be monitored in meetings with Papatipu Runanaga and Te Rūnanga O Ngāi Tahu and in the review of these guidelines.

7 This is not a comprehensive account of all the provisions of the the Ngāi Tahu Claims Settlement Act 1998. For more complete information, the Act itself should be consulted.

8 In some cases the Deed of Recognition is with Land Information New Zealand (LINZ).

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