Stanley F Malamed, Sedation: A Guide to Patient Management 5ta ed.

This Historic Places Act 1993 established the Māori Heritage Council as a statutory committee whose role is to ensure the protection and promotion of sites of significance to Māori. The purpose of the Act is to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand, and sites of significance to Māori. Key sites of significance are commonly acknowledged through Treaty of Waitangi settlement legislation.

A key provision of the Historic Places Act 1993 at Section 4(2) (c) requires the Historic Places Trust to take into account the relationship of Māori, culture and traditions with their ancestral lands, water, sites, wahi tapu and taonga. A Local Authority under Sections 14(3), 33 and 85(e) and (g) of the Act must refer a resource consent where

Page | 87 there is a site of Māori interest (archaeological sites) to the Māori Heritage Council who will make a recommendation to the Historic Places Trust.

In 2009 the Historic Places Trust Māori Heritage Council developed the Tapuwae (footprint on the landscape) Report, which focuses on the protection of cultural heritage, landscapes and knowledge of tangata whenua captivated on marae. The Historic Places Trust Māori Heritage Council (2009, p. 6) interpret Māori heritage as “a living spirituality, a living mana that transcends generations. It comes to life through relationships between people, the material and the non-material.” The following Table 6.3 identifies key heritage areas and examples.

Table 6.3 Identifying Key Heritage Areas & Examples

Identifying Key Heritage Areas Heritage Examples

Wahi tapu Wahi tapu areas

Pa, ko nga kainga, ko etahi o te pa, towatawata – villages, raised and fortified Urupa – burial grounds

Unga waka – canoe landing sites Puna – springs

Kohatu – rocks Ana – caves

Toka-tu-moana – rocks standing in waterways

Maunga – mountains

Wahi horoi tupapaku – places where corpses were cleaned

Rakau tapu – sacred trees Historic places and areas of Māori

interest

Churches

Māori school houses Buildings and structures Kainga and fishing villages Landscape features

Mahinga kai – places where food is collected or prepared

Stone quarries Rock art sites Archaeological sites Source: Adapted Māori Heritage Council, Tapuwae (2009),

http://www.historic.org.nz/en/Publications/~/media/Corporate/Files/Publications/Tapuwae%20Engl ish.ashx.

Page | 88 6.6 Hazardous Substances and New Organisms Act 1996

The Environmental Protection Authority74 administers the Hazardous Substances and New Organisms Act 1996 (Environmental Risk Management Authority, 2010). A key function of the Hazardous Substances and New Organisms Act 1996 is to protect ecosystems and their constituent parts.75 Under Section 6(d) of the Act all persons exercising powers shall take into account the relationship of Māori and their culture and traditions with their ancestral lands, waters, sites, wahi tapu, valued flora and fauna, and other taonga.76 Section 8 requires all persons exercising powers and functions under the Act to take into account the principles of the Treaty of Waitangi.

The Environmental Protection Authority is an independent Crown entity, and although not under the direct control of the Minister of Environment, it must have regard to government policy when directed by the Minister. The Authority replaces a small agency called ERMA New Zealand (Environmental Defence Society, 2009). Section 18 of the Environmental Protection Authority Act 2011 establishes a Māori Advisory Committee a statutory committee represented by up to eight Māori members and no less than six who elicit important issues of concern to Māori.77

6.7 Marine and Coastal Area (Takutai Moana) Act 2011

On the 14 June 2010 the National Government in coalition with the Māori Party announced the repeal of the Foreshore & Seabed Act 2004 “replacing it with a non-

74

The Environmental Protection Authority Board is represented by no less than six members and no more than eight members (Environmental Protection Authority Act 2011).

75

Including people and communities; and all natural and physical resources; and amenity values; and the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this definition or which are affected by those matters. Amenity values are defined by the Act as being those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes.

76

The Treaty of Waitangi is also defined in the Act, as having the same definition as outlined by section 2 of the Treaty of Waitangi Act 1975.

77 Section 19 (1) of the Environmental Protection Authority Act 2011 (EPA) requires the Māori Advisory Committee is to provide advice and assistance to the EPA on matters relating to policy, process, and decisions of the EPA under an environmental Act or this Act. Section 19 (2) provides for the Māori Advisory Committee advice and assistance must be given from the Māori perspective and come within the terms of reference of the committee as set by the EPA.

Page | 89 ownership model of the public, foreshore and seabed and restoring the right of iwi to seek customary title in Court…” (Finlayson, 2010, p. 1) On the 6 September 2010, the Honourable Chris Finlayson announced the Marine and Coastal Area (Takutai Moana) Bill which will replace the Foreshore and Seabed Act 2004. As a birth right New Zealander’s will continue to enjoy the privilege of free public access to the marine and coastal area. There are currently approximately 12,500 private titles in the marine coastal area. The marine and coastal area is defined in the previous legislation, and with the exception of existing private titles, is a common space – the Common Marine and Coastal Area (Finlayson, 2010). This ensures that this area cannot be sold. The regulatory regime does not allow new private title in the marine coastal area.

Table 6.4 represents natural resource legislation which needs to be considered by Māori that will affect further policy. Natural resources also include the subsoil, bedrock and other matters below foreshore and seabed.

Table 6.4 Intersects of Foreshore & Seabed

Dimensions Intersects Substantial Legislation

Foreshore Resource Management Act 1991 Marine Farming Act 1971 Historic Places Act 1993 Maritime Transport Act 1994

The Territorial Sea, Contiguous Zone and Exclusive Economic Act 1977

The Continental Shelf Act 1964 The Crown Minerals Act 1991 Conservation Act 1987 Marine Reserves Act 1971 The Fisheries Act 1983

The Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Seabed

Water Space

Air Space

The Marine and Coastal Area (Takutai Moana) Act 2011 carries the same obligations as the Foreshore and Seabed Act 2004, which will require Māori to provide substantial evidence of continuous occupation and customary use since 1840. In substantiating customary rights to the marine and coastal area the Crown recognises customary activities, uses and practices that are non-territorial such as waka launching and collecting stones for hangi. Māori mana moana over the marine and coastal area

Page | 90 stems from a concept which recognises property rights of indigenous people prior to the cession of Crown sovereignty to the present day. The right is inalienable, and therefore cannot be sold, and recognises the relationship of hapu and iwi (Finlayson, 2010). In achieving this, applicants will need to meet Crown tests and prove exclusive use and occupation of the areas; the exclusive use and occupation has been held from 1840 until the present without substantial interruption; and the area for which they are seeking title is held in accordance with tikanga (Finlayson, 2010).

6.7.2 Minerals

Customary marine title restores rights to Māori where the Crown has previously omitted to recognise their rights in legislation. The Crown will retain rights to nationalised minerals, while the new Act proposed by the National Government provides for entitlements to non-nationalised minerals. Non-nationalised minerals will be subject to current resource regimes.80