This page last modified 12 November 1999

Ngai Tahu Settlement

Directory

• 1998, October. Ngai Tahu - a done deal?
• 1998, September 22: Mountain-guiding firms dismiss DOC offer
• 1996, October. Heads of Agreement
• 1996, September 17. Preliminary Crown position on sites of recreational and conservation interest

Ngai Tahu - a done deal?

Public Access No. 10. October 1998

Government, with the support of Labour and many independent MPs, has just enacted possibly the most deceitful and undemocratic piece of legislation in New Zealand's history.

The Ngai Tahu Claims Settlement Act 1998 is now law, and overrides many other pieces of legislation designed to protect the public's interest and say in the great outdoors-like the National Parks, Conservation and Reserves Acts. Our most sacred outdoor places, and DOC as the public agency charged with protecting them on our behalf, have been changed by stealth. In effect they are no longer primarily the public's lands or the public's agent, but Ngai Tahu's. Government has no mandate, either from the Waitangi Tribunal or the electorate, for this. We believe that this is the forerunner of what Treasury and other Maori claimants have in mind for public lands elsewhere.

As we pointed out in 'Public Access' No. 9, most of the provisions in the Ngai Tahu deal relating to use of public places are contrary to the findings of the Waitangi Tribunal as well as the protocols on which negotiations between the Crown and Ngai Tahu were supposed to be conducted.

The inference behind the Government's actions, supported by Labour, is that its actions in reaching a 'settlement' is one of justice being done - in recompense of "the Ngai Tahu claim". This is despite it being a matter of public record - the Tribunal's report - that the only claim (singular) lodged by Ngai Tahu was rejected by the Tribunal as being so general in nature that they couldn't adjudicate on it. They instructed the claimants to come back with more specific claims (plural) for them to consider. It is only proven aspects of these specific claims that is what the Crown is supposed to be 'settling', not the imposition of ethnic fairy tales of 'Topuni', 'Nohoanga' and racial preferment through protocols dictating the management of public lands at the expense of everyone else.

This 'settlement' is not about justice being done, but about opportunism, expediency and dictatorial government.

We predict that as the many injustices of this vast 'settlement' unfold on the ground so will the level of public discontent and anger. This government, and any future governments, are therefore fooling themselves by believing that this 'done deal' will be final.

Topuni

[cartoon]

The Ngai Tahu settlement provides for the creation of 'Topuni' over more than 50,000 hectares of national park, conservation area, and public reserve. PANZ believes this to be one of the most insidious and objectionable components of the 'settlement'.

The whole Mount Cook Range is one 'Topuni'. DOC must have "particular regard" to "Ngai Tahu values" and may make regulations and bylaws "regulating or prohibiting activities or conduct by members of the public" and creating offences with fines of up to $5000. The first expression of Ngai Tahu 'values' have been objections to the climbing of Mount Cook. The Ngai Tahu Act is a direct affront to the principles behind national parks..."the public shall have freedom of entry and access...so that they may receive in full measure the inspiration, enjoyment, recreation and other benefits..."

Sir Edmund Hillary has been reported as saying that he would probably ignore a 'tapu' on Mount Cook if he was still climbing (Otago Daily Times, May 1, 1998).

[Incomplete] Heads of Agreement

5 October 1996

Parties

HER MAJESTY THE QUEEN
in right of New Zealand

and

TE RUNANGA O NGAI TAHU

[PANZ notes (1996):
(1) the full agreement is yet to be placed on this page; excerpts of those parts of immediate interest for public lands managment and recreation follow.
(2) This is the agreement signed immediatedly before the last general election. Despite it being billed as a "full and final settlement" the actual final settlement is yet to be agreed. This will be called a 'Deed of Settlement'. There are still major practical issues to be resolved and it is uncertain if the areas listed is the full extent of lands and resources affected.
(3) Conservation and recreation interest groups, including PANZ, were belatedy invited to advise Government on recreation ad conservation aspects, however only one such meeting was held, in September 1996. This was to be the first of several such meetings. After the election however, despite the same Minister being responsible, repeated requests for further consultation were ignored.
(4) However in May 1997 an invitation was made for interested groups including PANZ to be "briefed on settlement progress" rather than seek our advice. Because there was also a confidentially gag on participants, PANZ and Forest & Bird declined to go.
(5) Despite a very public signing cerrimony and the Government sweezing as much 'good news' publicity out of it as possible prior to the election, it has repeatedly refused official information requests for release of the full content of the Heads of Agreement. However PANZ obtained a full copy nevertheless.

SCHEDULE 1

MAHINGA KAI AND HIGH COUNTRY STATIONS

CROWN PROPOSAL

CONTENTS

Mahinga kai specific sites
Te Waihora
Lakebeds
Rivers
Wetlands
Place Names
Statutory Board Membership
Resource Management Act
Historic and Waahi Tapu Sites
Customary Fisheries
Coastal
Taonga Species
Department of Conservation Protocols
High Country Stations
Annex: Generic instruments

SPECIFIC SITES
Note: Does not include high country stations, lakebeds, Nohoanga, rivers or sites included in settlement of Ancillary Claims.

Specific Sites within Crown Proposals: Mahinga Kai & High Country Stations

	SITE	LAND TYPE	AREA (approx)	REMEDY
1	Aoraki Canterbury (Mt Cook)	national park	boundaries to be set	Deed of recognition or Statutory acknowledgment and Ngai Tahu Topuni overlay reserve and Statutory adviser
2	Te Mahaki o Tuterakiwhanoa Otago (Mt Aspiring)	national park	boundaries to be set	Deed of recognition or Statutory acknowledgment; and Ngai Tahu Topuni overlay reserve and Statutory adviser
3	Mt Tutoko Southland (Fiordland National Park)	national park	boundaries to be set	Deed of recognition or Statutory acknowledgment and Ngai Tahu Topuni overlay reserve and Statutory adviser
4	Pikirakitahi Otago (Mt Earnslaw, Mt Aspiring National Park)	national park	boundaries to be set	Deed of recognition or Statutory acknowledgment and Ngai Tahu Topuni overlay reserve and Statutory adviser
5	Takitimu Range Southland	conservation area	boundaries to be set - more than 45,000 ha	Ngai Tahu Topuni overlay reserve and Statutory adviser
6	Kopuwai Otago (the Obelisk, Old Man Range, Central Otago)	pastoral lease	<1 ha	Create reserve around obelisk and vest in Ngai Tahu or Title to obelisk with non-disturbance covenant
7	Parinui-o-Whiti Nelson (White Cliffs, north of Lake Grassmere	Conservation area	<1 ha	Ngai Tahu able to erect pouwhenua; 20m radius reserve around pouwhenua
8	Motupohue Southland (Bluff Hill)	Scenic reserve	150 ha	Acknowledgment of standing; and Rename reserve and Ngai Tahu Topuni overlay reserve and Statutory adviser
9	Matakaea Otago (Shag Point, Otago)	recreation reserve	55 ha + islands	Transfer title to islands with covenant for non-disturbance and Deed of recognition or Statutory acknowledgment with respect to the reserve and Rename reserve on island; and Ngai Tahu Topuni overlay reserve and Statutory adviser with respect to reserve
10	Tokata - Otago (The Nuggets - Nugget Point, South Otago)	conservation area	40 ha + islands	Deed of recognition or Statutory acknowledgment; and Statutory advisor
11	Kawarau Gorge Otago (natural bridge area, Central Otago)	marginal strip/ pastoral lease	<40ha	Create historic reserve on marginal strip and vest in Ngai Tahu
12	Wanaka Peninsula Otago (Mt Burke Station, Lake Wanaka)	pastoral lease	?	Awaiting information from LINZ on nature of tenure and possibly further information from Ngai Tahu on nature of interest
13	Otukoro Nelson (Kahurangi National Park, North Westland)	conservation area	15ha	Create historic or local purpose reserve and vest in Ngai Tahu; and Closure of unupa (If not within National Park, require legislation)
14	Castle Hill Canterbury (rock art site, North Canterbury)	conservation area	54 ha	Deed of recognition or Statutory acknowledgment: and Change name of area; and Interpretation: and Statutory adviser and Ngai Tahu Topuni" overlay reserve
15	Maerewhenua Otago (rock art site. North Otago)	historic reserve	<1 ha	Transfer title with public access covenant; require management plan that condition and values at date of transfer are maintained: or Vest reserve; or Transfer title with condition that management remain with Crown
16	Takiroa Otago (rock art site, North Otago)	historic reserve	<1 ha	Transfer title with public access covenant; require management plan that condition and values at date of transfer are maintained, or Vest reserve: or Transfer title with condition that management remain with Crown
17	Pukekura Pa Otago (Taiaroa Head. Otago Peninsula)	mixed holdings (albatross colony)		Vesting of title in claimants with agreement for joint management by Department of Conservation, Dunedin City Council, Claimants and retention of existing interests.
18	Motutapu Island West Coast (Grey River, Westland)	(see remarks)	unsurveyed	Transfer title with easement for water pipe
19	Lake Mahinapua West Coast (North Westland)	scenic reserve	unsurveyed	Deed of recognition or Statutory acknowledgment; and statutory adviser; and Transfer title with covenants if necessary to protect existing public rights
20	Whakapoai Caves West Coast /Nelson (near Kahurangi the north- westem boundary of the Ngai Tahu takiwa)	conservation area?	Boundaries to be set	Close caves to public access (if cave entrances not within National Park, require legislation)
21	Kahurangi West Coast /Nelson) (North Westland)	National Park	<40ha	Ngai Tahu able to erect pouwhenua and Ngai Tahu Topuni overlay reserve; and Statutory adviser
22	Te Horo Southland (Anita Bay, Milford Sound)	National park	Boundaries to be set	Deed of recognition or Statutory, acknowledgment and Closure of area: and Statutory adviser
23	Maukaatua Otago (Maungatua) (west of Taieri Plains)	scenic reserve	>1240 ha	Rename reserve and Ngai Tahu Topuni overlay reserve; and Statutory adviser
24	Katiki Otago (Moeraki Peninsula)	historic reserve	14 ha	Survey out pa site and transfer title with public access covenant require management plan that condition and values at date of transfer are maintained or Survey out pa site and Vest reserve or Transfer title with condition that management remain with Crown
25	Tamakura Nelson (Goose Bay, Kaikoura)		?	Awaiting clarification from Ngai Tahu on nature and area of interest
26	Onawe Pa Canterbury (Akaroa Harbour, Banks Peninsula)	historic reserve	28 ha	Transfer title with public access and historic protection covenant or Vest reserve or Deed of recognition or statutory acknowledgment or Transfer title with condition that management remain with Crown
27	Omihi Nelson (Kaikoura Coast)		?	Awaiting clarification from Ngai Tahu on nature and area of interest
28	Kahutara Nelson (Kaikoura Coast)	scenic reserve	?	4 sections to be vested freehold and 2 recreation reserves to be vested
29	Ripapa Canterbury (Lyttelton Harbour, Banks Peninsula)	historic reserve	1.6ha	Interpretation at site; and Ngai Tahu Topuni overlay reserve and Statutory adviser
30	Te Raka-hineatea Otago (Moeraki Peninsula, Otago)	see 24	see 24	see 24
31	Huriawa Otago (Karitane, mouth of Waikouaiti, Otago)	historic reserve	13ha	Transfer title with public access and non-disturbance covenants: or Vest reserve; or Transfer title with condition that management remain with Crown
32	Mapoutahi Otago (Purakaunui, north of Otago Harbour)	historic reserve	1.6 ha	Transfer title with public access and non-disturbance covenants; or Vest reserve or Transfer title with condition that management remain with Crown

ANNEX to Schedule 1: Mahinga Kai and High Country Stations; Crown Proposals

DESCRIPTION OF GENERIC INSTRUMENTS

The instruments have been selected or designed to achieve five principal objectives:

• recognition of mana;
• providing for the exercise of customary fishing rights;
• management input;
• vesting; and
• providing an interest in the land.

MANA RECOGNITION

Acknowledgment of mana of site: This includes name changes and the erection of signs, interpretation markers etc.

• This is an existing concept
• It requires no legislation.
• This instrument would be available on an ongoing basis for every site. Only matters of particular importance are mentioned in the annexes.

Deed of recognition: A deed of recognition provides government recognition of mana and tangata whenua status with detail on the specific circumstances for each site, including the history of the ownership of the site, the grievance and its resolution, and future involvement of Ngai Tahu with the site.

• This is an existing concept, which has been used for Takapourewa. I
• It requires no legislation.
• It is very similar to the statutory acknowledgment instrument, but is presented in a deed.

Statutory Acknowledgment

There are two elements to the Statutory Acknowledgment.

1. Special relationship

Legislation will contain a section describing the essence of the relationship of Ngai Tahu to the specified area.

2. Standing

The provision of the Statutory Acknowledgment is intended to ensure that Ngai Tahu, as a person who has an interest "greater than the public generally", has standing to challenge applications under the RMA within the areas to which the Statutory Acknowledgment applies. This standing will also apply to applications made by the Crown under the RMA to the extent that the Crown is bound by the Act.

Settlement legislation will also provide that where a Statutory Acknowledgment applies to a particular place, Te Runanga o Ngai Tahu will be a person "directly affected" for the purposes of s.20(1) of the Historic Places Act 1993.

Note that provisions for standing are not appropriate under the Conservation Act or related Acts, since they relate to public lands or resources for which a public process is already provided.

• This is a new concept.
• It would require legislation, but this could be the settlement legislation.
• It is an alternative to a deed of recognition and a more public way of achieving the objective of a deed of recognition.

Transfer title with control and management vested in Minister: The Reserves Act provides for private land to be managed by DoC as a reserve, but this arrangement can be revoked at the discretion of the Minister and the landowner. Crown is considering providing for a limited number of sites to be transferred to Ngai Tahu on the condition that the land is managed and controlled by the Minister of Conservation in perpetuity as a reserve. A memorial would be entered on the title deeming the land to be a reserve vested in and managed by the Minister of Conservation. The condition could be varied only upon agreement of the Minister of Conservation.

• This is a new concept which is not fully developed.
• It is proposed to apply this concept only to small and discrete sites.
• It has similarity to both leasehold in perpetuity (without rental), and to statutory acknowledgment.
• It would require legislation

"Topuni" special area or reserve: This entails the creation of a separate statutory "overlay" classification over land administered under the Conservation, National Parks or Reserves Acts. The status will be created by the settlement legislation for named sites.

The creation of a topuni special area or reserve would acknowledge the cultural, spiritual, historic or traditional values of the site. These special values will be outlined in the legislation which creates the topuni special area or reserve on the basis of Ngai Tahu advice. The special status does not override the existing protection or classification of the land, but:

• the topuni would require Ngai Tahu and the administering body of the site (generally the Department of Conservation) to agree on what actions by the administering body would diminish or harm those values. This agreement would have to be reached on a site by site basis;
• the management of the topuni area, including the content of any CMS or CMP will take into account the values of the topuni area; and
• the administering body would have a duty to determine on the advice of Ngai Tahu what behaviours are appropriate and inappropriate on the site and how to publicise those. Where necessary, the planning process (through the CMS or CMP process) could recommend the enforcement of these through the promulgation of bylaws or regulations.

For most areas for which topuni are proposed, TRONT are also to be appointed as a statutory adviser.

• This is a new concept and for the present, is being limited to the Ngai Tahu settlement legislation.

MANAGEMENT INPUT

Statutory Advisor: This involves Te Runanga o Ngai Tahu being appointed advisor to the Minister of Conservation in relation to specific sites.

· it is a 'backstop' position which gives the right to advise the Minister when Minister considers CMS's and CMP's as they relate to specific sites.

· The Minister is required to "recognise and take into account" advice received from Te Runanga o Ngai Tahu but no greater obligation imposed.

· Other input into management is available through other instruments, for example, "Topuni" special area or reserve and the special protocol relationship.

• This is a new concept.
• It would require amendment to the Reserves and Conservation Acts.

Other mechanisms for management input:

· It is envisaged that the Department of Conservation protocols may provide a generic process for establishing protocols for involving Ngai Tahu in management. The MoU might also specifically mention some particularly important sites.

• This is a new concept.
• It requires no legislation.

· The mahinga kai proposals include dedicated Ngai Tahu seats on conservation boards.

· There are existing statutory mechanisms for involving iwi in decisions on management.

VESTING

Vest reserve: The Reserves Act provides that a reserve (e.g. historic reserve, local purpose reserve) can be controlled and managed by an administering body (e.g. Ngai Tahu) without title being vested in the body. If the administering body does not manage the area in accordance with the Reserves Acts the Crown is able to resume its interest. (The Crown has never exercised its resumption.)

• This is an existing concept.

INTEREST IN LAND

· Fee simple (Freehold): Fee simple estate could be provided to Ngai Tahu, either with or without covenants and easements to protect access, conservation values and the like.

• This is an existing concept.
• In respect of existing reserves, this requires revocation of reserve' status (section 24) or overriding legislation to avoid the public consultation process set out in the Reserves Act.

ENTITLEMENTS FOR CUSTOMARY FRESHWATER FISHING

There are two aspects to the Fisheries entitlements.

Customary fishing entitlements

This is designed to respond to grievances arising within ancillary claims relating to the loss or non-allocation of "Fenton Reserves which provided areas where Ngai Tahu were able to exercise their customary fishing rights. The key elements are:

· It would provide a renewable entitlement to temporarily occupy exclusively a portion of lake or riverbed up to 100 metres in length, for the purpose of harvesting (on a non-commercial basis) customary fish species and gathering other natural resources.

· The drafting would ensure that no authority is provided by the easement to gather natural resources or to fish.

· The entitlement would be granted for up to 210 days a year, to be taken from between mid-August and the end of April.

· A number of constraints would apply:

• it would not exclude public access along the waterway;
• an entitlement would not be granted in respect of National Park land, esplanade reserves, marginal strips and scientific and nature reserves;
• it would not be inconsistent with existing land use practices and patterns;

· The entitlement would be subject to all legislation, bylaws and regulations, and land and water management practices (weed & pest control; river control).

· Entitlements would be issued to persons entitled or their agreed representative body/ies in respect of the 5 ancillary sites which would be identified in the deed.

· If the Crown alienated the lake or riverbed or the area was lost due to moving rivers, etc., the Crown would take reasonable steps to provide another suitable site.

· Entitlements would be administered jointly by Minister of Maori Affairs and the landholding Minister (probably Minister of Conservation or Lands).

· The landholding Minister would have the ability to issue entitlements on a five year basis, subject to holders complying with conditions of use.

• This is a new concept.
• It is designed to provide partial redress for breaches in relation to "Fenton Reserves".

Campsite Entitlements

This is designed to provide for Ngai Tahu's "nohoanga" ambitions (i.e., to exclusively camp for limited periods for the purpose of customary fishing). The key elements are:

· it would provide a renewable entitlement to occupy temporarily specific categories of Crown land adjacent to waterways (but set back from the marginal strip) for the purpose of harvesting (on a non-commercial basis) customary fisheries and gathering other natural resources.

· The drafting would ensure that no authority is provided by the entitlement to gather natural resources or to fish.

· Up to two entitlements of up to one hectare each would be issued for each catchment; these will be close to fishing areas and suitable for camping

· For mahinga kai sites the entitlement would be granted to TRONT which would, in turn, regulate their use by iwi members.

· The entitlement would be granted for up to 210 days a year, to be taken from between mid-August and the end of April.

· A number of constraints would apply:

• it would not exclude public access to water body along waterfront;
• a licence would be granted only on Crown land and not in respect of National Park land, esplanade reserves, marginal strips and scientific and nature reserves;
• it would not be allowed to interfere with existing land use practices and patterns;

· The entitlement would be subject to all legislation, bylaws and regulations, and land and water management practices (weed & pest control; river control).

· In respect of 5 ancillary claim sites only, if the Crown sold the land or the area was lost due to moving rivers, etc., the Crown would take reasonable steps to provide another suitable piece of land.

· Ancillary claim sites would be identified in the deed, but the mahinga kai sites could be identified post deed.

· Entitlements would be administered jointly by Minister of Maori Affairs and landholding Minister (probably Minister of Conservation or Lands).

· The Minister would have the ability to issue entitlements on a five year basis, subject to holders complying with conditions of use.

• This is a new concept.
• In respect of ancillary claims, it is designed to provide partial redress for breaches in relation to "Fenton Reserves".

OTHER

Closure: Close an area from public access. This may be appropriate for important burial sites, for instance.

• This would extend the use of an existing concept to new areas.
• It requires legislation for areas that are not National Parks but otherwise can be accommodated within the existing legislation.

FRAMEWORK AGREEMENT
BETWEEN
CHAIRPERSON, CROWN NEGOTIATING TEAM
AND
CHAIRPERSON, NGAl TAHU NEGOTIATING TEAM
FOR
NGAI TAHU CLAIM

[27 November 1991]

PURPOSE OF NEGOTIATIONS

l. On 1 February l99l, the Waitangi Tribunal made certain findings and recommendations in regard to the Ngai Tahu claim brought on behalf of Ngai Tahu iwi by Henare Rakiihia Tau and the Ngai Tahu Maori Trust Board.

2. The Waitangi Tribunal found many of the grievances in the Ngai Tahu claim to be proven and the Crown has accepted the general thrust of tbe Waitangi Tribunal report. For the purpose of these negotiations both the Crown and Ngai Tahu have agreed to set aside any differences they may have with the report.

3. The Crown and Ngai Tahu now seek to enter into negotiations for the purpose of resolving these grievances.

OBJECTIVES OF NEGOTIATIONS

4. It is agreed by tbe Crown and Ngai Tahu that the objectives of the Ngai Tahu negotiations be as follows:

(a) to negotiate a just, equitable and durable resolution of grievances found by the Waitangi Tribunal to be justified and

(b) to conduct the negotiations in such a way that the negotiations and the resolution of grievances are mana enhancing to Ngai Tahu and restore the honour of the Crown.

PROCEDURAL MATTERS

5. It is agreed that:

(a) Negotiation sessions be convened on the last Wednesday of each month at 3pm in the office of the Minister in Charge of Negotiatious pending further discussion as to venue.

(b) Consultation sessions be convened, as required, by agreement between the Crown and the Ngai Tahu negotiating teams.

(c) All exchanges between the Crown and Ngai Tahu for the purposes of settling the claim, are to be held in private and are to be "without prejudice".

(d) No resolution reached by the negotiating teams in respect of the whole or amy part of Ngai Tahu's claims will be binding on the Crown or Ngai Tahu until embodied in a formal written agreement executed on behalf of tbe Crown and Ngai Tahu. The Crown and Ngai Tahu agree to conduct appropriate internal consultation procedures before any such written agreement is presented for execution.

(e) The Crown and Ngai Tahu can at any stage of the negotiating process decide to withdraw the whole or part of the negotiating agenda from the negotiations process, although both agree that every endeavour should be made to resolve the grievances in the negotiations.

(f) No statements are to be made to the news media unless mutually agreed upon the Crown and Ngai Tahu. Such statements to be made only by the chairpersons of each negotiating team.

(g) The Crown and Ngai Tahu recognise that there are statutory obligations for the Crown to consult with interested parties on certain relevant matters. The Crown and Ngai Tahu agree to discuss these in advance, as well as to consult on public relations matters in general. The Crown will notify Ngai Tahu at the earhest possible date whenever it first appears that consultations with any third parties are required.

MATTERS TO BE DISCUSSED DURING THE NEGOTIATIONS.

6. It is agreed that discrete negotiations will be conducted between the Crown and Ngai Tahu which may culminate in separate Agreements-in-Prmciple and Final Detailed Agreements on the following matters and in accordance witb the following target deadlines which both parties will use their best endeavours to achieve in so far as is feasible.

a Legal personality.

Timetable: Departmental draft legislation by 8 November 1991; enactment by I April 1992

b Crown Titi Islands, Whenua Hou.

Timetable:

(i) Small group meetings by 27 November 1991

(ii) Negotiotors Agreement by 18 December 1991

c Rarotoka island

Timetable: Negotiators Agreement oy 18 December 1991.

d Pounamu.

(i) Recommendation 1

Timetable: Negotiators Agreement by 18 March 1992

(ii) Other Matters

Timetable: Negotiators Agreement by 19 May 1992

(e) Mawhera Perpetual Leases

Note: Government to report to Waitangi Tribunal (following report by Maori Reserved Lands Ministerial Review Team) by 31 March l 992

Timetable (i) Negotiation to take place following receipt of Review Team Report.

(ii) Ngai Tahu Negotiation Agreement by 14 April 1992

(f) Reserves Not Awarded / Health and Education Endowments / Commercial Aspects of Mahinga Kai

Timetable:
(i) Workplan by 27 November 1991

(ii) Negotiators Agreement by 31 May1992

(g) Cultural Aspects of Mahinga Kai/ Environmental Consultation/ Waihora/ Wairewa/ Pingao.

Timetable:

(i) Workplan 27 November 1991.

(ii) Negotiators Agreement by 30 June 1992

7. SIGNED

Minister in Charge of Negotiations (D Graham)

Chairperson Ngai Tahu Negotiating Team (Tipene O'Regan)

(27/11/91)

Public Access, No 10. October 1998

Mountain-guiding firms dismiss DOC offer

The Press, September 22, 1998

Two mountain-guiding companies have rejected the Department of Conservation's offer of 10-year concessions because of an "unacceptable" clause which they say would give Ngai Tahu power over their future.

Te Runanga o Ngai Tahu was the only objector when many of the mountain-guiding companies sought to replace their short-term ad hoc concessions for ones lasting 10 years.

The tribe's submission included calls for it to be the arbiter on issues of whether guiding was making an excessive cultural impact, and a requirement for "more tangible" recognition of the sacred topuni status of Mount Cook's summit than simply telling clients about it.

Last week, the Department of Conservation distributed to guides a draft version of the concession which retained the department's right to decide about cultural impact.

Alpine Recreation Canterbury owner Gottlieb Braun-Elwert and Alpine Guides Westland spokeswoman Carol Browne both said the draft was still unacceptable because of a nebulous clause that allows a review of the concessions part way through. Ms Browne said the clause "had to be thrown out".

Mr Braun-Elwert said a legal document could not include a clause allowing the "shifting of the goalposts half way through the game".

Although he had trust in the Ngai Tahu representatives he had met, he had to guard against possible abuse in case a more militant faction came to the fore during the next 10 years. He also expressed concerns about the failure to clarify the topuni status of the Mount Cook range, which was the site of 90 per cent of his company's guiding work, and the compulsory nature of a workshop on Ngai Tahu values.

Mr Braun-Elwert said mountain guides had been working in the shadows of Mount Cook for 100 years and were "tangata whenua in the true sense".

"I have every respect for other people's feelings, culture, and spirituality, as long as this is a mutual exercise. Nothing less is acceptable," he added...

17 September 1996

Ngai Tahu Negotiations:
Preliminary Crown position on sites of recreational and conservation interest

[This has been included for an up-to-date view of the the Crown's position. There are major shortcomings which will be analysised by PANZ and drawn to the attention of Government]

INTRODUCTION

The Government is committed to settling all of Ngai Tahu's historical Treaty claims. At the same time the Government is strongly committed to recognising and maintaining conservation and recreational values and public access for all New Zealanders. Where possible, the Government is committed to enhancing these values.

The Crown has been negotiating with Ngai Tahu for some years to obtain a comprehensive settlement of all of Ngai Tahu's historical Treaty claims. Ngai Tahu have sought redress in relation to a number of sites within their tribal area (rohe) that are of particular significance to them. Some of these sites are of public and recreational interest. The Crown has developed proposals with the intention of meeting Ngai Tahu's aims but at the same time being mindful of the need to protect public interests.

Ngai Tahu have consistently stressed that they will preserve existing public access where they receive a management or ownership interest in land as part of any settlement.

 

THE RANGE OF OPTIONS

Ngai Tahu have interests in sites which can be satisfied in a number of ways ranging from recognition of their mana to ownership. Similarly different sites have different recreational and conservation values. To reflect both Ngai Tahu's interests and the different types and degrees of public interest in the sites the Crown has drawn on the full range of existing statutory and non-statutory options and created a number of new instruments.

This paper provides an overview of possible redress for Ngai Tahu's claims which may touch upon conservation and recreational interests. The Crown is currently engaged in negotiations with Ngai Tahu. The contents of this document are not final Crown positions and have not been agreed with Ngai Tahu or approved by Cabinet.

 

Mana recognition

Signs and markers on site

For various sites of particular significance to Ngai Tahu, the Crown proposes to erect or modify signs and interpretation markers in consultation with Ngai Tahu.

Deed of Recognition

In a Deed of Recognition the Crown would recognise Ngai Tahu's mana and tangata whenua status by recording detail on the specific circumstances for each site, including the history of its ownership, the grievance and its resolution, and future involvement of Ngai Tahu with the site. This concept has already been used in the Takapourewa settlement (Stephens Island).

Examples

• Greenstone and Caples Rivers (flow into Lake Wakatipu)
• Mt. Earnslaw

Statutory acknowledgment

Statutory acknowledgment is an alternative to a Deed of Recognition and achieves the same result in a more public way. The Ngai Tahu claims settlement legislation would acknowledge the special importance of a specific site to Ngai Tahu. Statutory acknowledgment will enhance Ngai Tahu's legal standing in relation to specified sites under the Historic Places Act and the Resource Management Act.

Examples

• Castle Hill rock art site (North Canterbury)
• Onawe pa Historic Reserve (Akaroa Harbour)

"Topuni" specially protected area

This is a new concept which would involve the creation of a specially protected area over or within some areas of conservation land.

This classification would acknowledge the cultural, spiritual, historical or traditional values to Ngai Tahu of particular sites identified in the Deed of Settlement. It would require consultation with Ngai Tahu on any actions by the administering body that would harm or diminish those values. The administering body would be required to involve Ngai Tahu in developing the management of the area.

The existing statutory protection or classification of the land would not be affected.

Examples

• Aoraki/Mt Cook
• Mt. Aspiring
• Maungaatua Scenic Reserve (Otago)

Transfer title with control and management vested in the Crown

This is a new concept. For a limited number of sites the government proposes to offer Ngai Tahu the option of title on the condition that the land is managed and controlled by the Minister of Conservation in perpetuity as a reserve.

A memorial would be entered on the title deeming the land to be a reserve vested in and managed by the Minister of Conservation. This condition could only be varied upon agreement of the Minister.

Examples

Mapoutahi Historic Reserve (Otago)

Wilsher Bay Scenic Reserve (Otago)

Management Input

Statutory advisor

This is another new concept which involves appointing Ngai Tahu (Te Runanga o Ngai Tahu) as an advisor to the Minister of Conservation on management issues for a specified site.

Examples

• Tokata/The Nuggets (Otago)
• Takitimu Range (Southland)

Vesting Reserves

It is proposed to vest some reserves in Ngai Tahu with their existing reserve status intact. The Crown will retain its reversionary interest in the land and management of the reserves will be as prescribed in the Reserves Act 1977. [but no political will to uphold]

Examples

• Waipapa Point Scenic Reserve (Kaikoura)
• Peketa Recreation Reserve (Kaikoura)

Fee simple (freehold)

For a small number of sites, fee simple is proposed to be transferred to Ngai Tahu. Title would be transferred either with or without covenants and easements to protect access and conservation and recreational values.

Examples

• Stations (see below)
• Te Waihora/Lake Ellesmere (see below)

For reserves this would involve lifting the reserve designation. This would be done where the Crown can protect any existing public interests and conservation values in ways other than through reserve status such as covenants and easements.

Examples

• Tuki Tuki lwi Historic Reserve (Kaikoura)
• Bruce Bay Local Purpose (Hall) Reserve (West Coast)

Closure

It is proposed to close a few small sites from public access where there are particularly strong reasons for doing so (e.g. an important burial site).

Example

• Whakapoai caves (West Coast)

SPECIFIC SITES

Te Waihora (Lake Ellesmere)

Te Waihora was and remains of paramount importance to Ngai Tahu as a food gathering area. The Crown proposes to transfer title over most of the lakebed to Ngai Tahu, but excluding the Greenpark Sands and subject to the protection of existing rights of public access. Other constraints would include:

• existing public access to the lake will continue
• the area at the mouth of the lake would have an easement to allow the Regional Council to open the lake in accordance with its existing authorisation

Title in four small sites around the lake would also be transferred to Ngai Tahu.

In terms of management:

• Ngai Tahu would be recognised as statutory advisor to the Minister of Conservation on the management of Te Waihora conservation land administered by the Minister

The Minister of Conservation would request the Department of Conservation and Ngai Tahu to develop a joint management plan for Te Waihora within five years, and invite the Canterbury Regional Council, relevant district councils and the Regional Fish and Game Council to actively participate

 

High Country Stations (Routeburn, Greenstone, and Elfin Bay station)

The Crown proposes to transfer title to lowland farmable parts of the properties to Ngai Tahu, subject to various covenants which will ensure:

• wander at will public access is assured
• destocking of Mararoa valley over six years
• destocking of Greenstone valley over eight years
• fencing to confine stock in the Capies valley
• constraints on development in Greenstone valley

The Crown also proposes to transfer title to part of the residue to Ngai Tahu, subject to a leaseback to the Crown in perpetuity for conservation purposes. The remainder will be allocated to the Department of Conservation.

 

Whenua Hou (Codfish Island)

The Crown proposes to provide Ngai Tahu with management and access to Whenua Hou, but not title.

It is proposed that a reserve board be established to control and manage Whenua Hou Nature Reserve. The Reserve Board:

• will consist of eight people: four Rakiura Maori, three members appointed by the Minister of Conservation and an [Ngai Tahu] employee of the Department of Conservation
• is to establish a policy setting out the conditions under which access to Whenua Hou may be granted
• when preparing a management plan shall have regard to any species recovery plans

This proposal is similar to that approved by the Southland Conservation Board after a public consultation process in 1994.

 

Crown Titi Islands

It is proposed to vest title to the Crown Titi Islands in Te Runanga o Ngai Tahu in fee simple, exempt from the requirement for marginal strips.

The Islands will be managed by the Rakiura Titi Committee for the purpose of a nature reserve.

The traditional rights of Ngai Tahu to take titi as provided by the Titi Regulations will be safeguarded.

There will be an annual meeting between the Minister of Conservation and the Rakiura Titi Committee to discuss a joint work programme.

There will be provision for the Beneficial Titi Islands to become subject to the same management regime, upon request by Ngai Tahu.

 

Rarotoka (Centre Island)

It is proposed to vest Rarotoka in Ngai Tahu as Maori freehold land exempt from the requirement for marginal strips, subject to a lease with the Maritime Safety Authority covering the lighthouse on the island.

The Crown will agree to use best endeavours to introduce regulatory measures under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and the Fisheries Act 1996 to provide for the customary interests of Ngai Tahu in a zone around the island covering adjacent reefs (approximately 450-500 metres offshore).

 

Arahura Valley

Mawhera Incorporation owns the Arahura riverbed. In places the river has moved from its course and outside of the title held by Ngai Tahu. The Crown proposes to:

close legal but unformed roads which lie between Mawhera's title and private lands along the middle third of the river (30 kilometres from the coast). Title to these closed paper roads will be vested in Mawhera, exempt from the requirement for marginal strips, but subject to easements to secure legal access for three affected private sections

• existing levels of public access to the river will continue
• establish an historic reserve over stewardship lands covering the top third of the river
• The Crown will vest management of this reserve in Mawhera Incorporation. Management responsibilities will be shared with Department of Conservation

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