Consideraciones Éticas:

Source: Taranaki Regional Council, Iwi Boundary Map, www.trc.govt.nz.

Ngati Tama signed a deed of settlement with the Crown on the 20 December 2001. In the Ngati Tama Claims Settlement Act 2003, the Crown acknowledged that the wars in Taranaki constituted an injustice and were in breach of the Treaty of Waitangi and its principles. The Crown apologised to Ngati Tama [inter alia] for all breaches of the Treaty of Waitangi and its principles acknowledged by the Crown. At Section 7 of the Act the Crown apologised to Ngati Tama for causing landlessness, suffering and hardship. The Crown sought to redress this grievance through building relationships of mutual trust and co-operation with Ngati Tama.

Page | 70 5.4.2 Treaty of Waitangi 1840 (Te Tiriti O Waitangi)

Section 6(1) of the Act the Crown acknowledged that the land and resources confiscations were wrongful and in breach of the Treaty of Waitangi and the principles of the Treaty of Waitangi. As part of historical redress the Crown acknowledged in 6(2) (e) of the Act that its treatment of the Ngati Tama people at Parihaka was highly unreasonable and unjust and that these actions constituted a breach of the Treaty of Waitangi and its principles. The Crown apology is acknowledged in 6(4) (c) in the Ngati Tama Claims Settlement Act 2003. Section 7 of the Act supports four key principles of the Treaty of Waitangi, including the principle of governance, redress, mutual trust and co-operation.

5.4.3 Statutory Acknowledgements

Under section 53 of the Ngati Tama Claims Settlement Act 2003 the Crown acknowledges Ngati Tama’s cultural, spiritual, historic and traditional association within recognised statutory areas of Ngati Tama. Under the Act Ngati Tama have 12 statutory acknowledgements associated to key natural resources including the coastal marine area. The Taranaki Regional Council has included Ngati Tama statutory acknowledgements as part of their Regional Policy Statement for Taranaki (Taranaki Regional Council, 2009). This is depicted in Plate 5.6.

Page | 71 Plate 5.6 Ngati Tama Statutory Area: Statutory Acknowledgements

Source: Taranaki Regional Council (2009), http://www.trc.govt.nz/assets/taranaki/images/rps-ngati- tama.jpg.

Page | 72 Under Section 55 of the Ngati Tama Claims Settlement Act 2003 a consent authority must have regard to a statutory acknowledgement within Ngati Tama’s statutory area of interest. This is also supported by Sections 93 to 94C of the Resource Management Act 1991 in identifying Ngati Tama as an affected party to the granting of a resource consent by a consent authority. The Taranaki Regional Council supports this in Part C of their Regional Policy Statement (2009) by providing a policy statement on natural resource management issues concerning Ngati Tama as an iwi. This policy guides both Ngati Tama and the Taranaki Regional Council in the management of the natural environment within Ngati Tama’s statutory area of interest.

Under Section 56 of the Act the Environment Court under shall have regard to a statutory acknowledgement of Ngati Tama as also supported under Section 274 of the Resource Management Act 1991, where Ngati Tama may be adversely affected by a resource consent activity within or adjacent to their statutory area of interest.

Section 57 of the Act requires the Historic Places Trust and the Environment Court to have regard to a statutory acknowledgement while making a decision under Section 14(6) (a) or Section 20(1) of the Historic Places Act 1993. This determines whether or not Ngati Tama affected in respect of an archaeological site within Ngati Tama statutory area interest.

Under Section 58 of statutory acknowledgements must be entered on to local authorities’ plans that have jurisdiction within Ngati Tama statutory area. Statutory plans include a regional policy statement, regional coastal plan, district plan, regional plan, or proposed plan as defined by Section 2(1) of the Resource Management Act 1991. A statutory acknowledgement may be partially or wholly acknowledged in policy statements or plans by reference or in full.

The New Plymouth District Council (2009) acknowledges the special relationship Ngati Tama has to key natural resources. The Council states in their consultation policy that “the Council consults specifically with tangata whenua to make the district a community where the special relationship with tangata whenua is recognised,

Page | 73 strengthened and valued.” (p. 1) The Taranaki District Council (2009) in accordance with Section 58 of the Ngati Tama Claims Settlement Act 2003, have cited statutory acknowledgements to the Regional Policy Statement for Taranaki, “this includes relevant provisions of Subpart 4 of Part 5 of the Act in full, the description of the statutory area and the statement of association as recorded in the statutory acknowledgements.” (The Taranaki District Council, 2009, p. 1)

Section 59 of the Act requires the receipt of resource consent application to Ngati Tama which is applicable for 20 years. Under Section 93 of the Resource Management Act 1991 Ngati Tama and a consent authority may determine an appropriate process for consultation.

Section 60 of the Act makes provision for the Ngati Tama governance entity or a member of Ngati Tama to cite statutory acknowledgements as evidence in submissions and proceedings before a consent authority, Environment Court and the Historic Places Trust concerning activities impacting on Ngati Tama within or adjacent to their statutory area of interest.

5.4.4 Minerals

The negotiation of minerals by Ngati Tama as natural resource management to oil and gas or compensation thereof was excluded from the Treaty settlement process. The Crown held the view that minerals are the property right of the Crown (Ngati Tama Iwi Development Trust, 1999). This is supported by Section 23 of the Ngati Tama Settlement Act 2003 in which Crown minerals are exempted from Ngati Tama interests under the Act. Ngati Tama Deed of Settlement (2001, p. 11) acknowledged that Mount Taranaki is of “great traditional, cultural, historical, and spiritual importance to Iwi of Taranaki,” and is therefore is exempt from mineral extraction. The Ministry of Economic Development protocol however makes provision under Section 26 of the Ngati Tama’s Claims Settlement Act 2003 to be noted with the minerals programmes affecting the Ministry of Economic Development protocol area. The minerals programme has the same meaning to it in section 2(1) of the Crown Minerals Act 1991.

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5.5 Chapter Summary

Historical grievances are being acknowledged by the Crown through Treaty of Waitangi settlement legislation. Today, Treaty of Waitangi settlement legislation provides a way forward to negotiate a settlement of historical grievances to Māori entitlement to natural resources.

Common themes continue to arise in Treaty of Waitangi settlement legislation regarding natural resource management, with the exception of minerals, fresh water and land beyond the common marine and coastal area. The Crown’s inability to confirm to Māori natural resources may be a breach of the Treaty of Waitangi and the Declaration on the Rights of Indigenous People.

The Crown recognises cultural, spiritual, historical and traditional values in iwi settlement legislation, and is slowly being recognised by their representative agenices through regulations and policies. This includes the acknowledgement of the Treaty of Waitangi in legislation, statutory acknowledgements, protocols and memoranda of understanding concerning Māori natural resource management in Aotearoa New Zealand.

Māori need to ensure that the Crown and their representative agenices implement legislation, regulations, and policies which include Māori participation in developing policies for natural resource management in Aotearoa New Zealand. The role of kaitiakitanga, rangatiratanga, and tino rangatiratanga (mana) needs to widely interpreted in Treaty of Waitangi Settlement legislation to ensure the sustainability of Māori natural resource management for future generations.

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CHAPTER 6