He taonga tuku iho He taonga waiho iho He taonga hora atu ki o tatou Matua Tipuna E ukuinga i te roimata me te aroha Mo ratou ma
- INTRODUCTION
- BACKGROUND
- PLANNING PROCESS
- WHAKATOHEA ROHE, HAPU AND MARAE
- KAITIAKITANGA
- TE TIRITI O WAITANGI - THE TREATY OF WAITANGI
- PRINCIPLES OF TE TIRITI O WAITANGI - THE TREATY OF WAITANGI
- ROLE OF CROWN AGENCIES
- CONSULTATION
- FUNDAMENTAL CONSULTATION PRINCIPLES
- ANTICIPATED WHAKATOHEA CONSULTATION PROCESS
- MATTERS OF RESOURCE MANAGEMENT SIGNIFICANCE TO WHAKATOHEA
- SOCIAL, ECONOMIC AND CULTURAL WELLBEING
- NGA WHENUA TIPUNA - ANCESTRAL LANDS
- NGA WAI TIPUNA - ANCESTRAL WATER
- NGA TAONGA TUKU IHO - HERITAGE
- CULTURAL FACILITIES AND USES
- FLORA
- FAUNA
- FISHERIES
- MINERALS
- ENERGY
- APPENDIX
- APPENDIX ONE: TE TIRITI O WAITANGI - THE TREATY OF WAITANGI
- APPENDIX TWO: TE WHAKATOITUNGA: LONG-TERM PROTECTION OF LAND AND WATER
- APPENDIX THREE: PAPA KAINGA HOUSING - MINISTERIAL STATEMENT OF INTENT
- APPENDIX FOUR: REFERENCES TO MAORI TERMS IN THE RESOURCE MANAGEMENT ACT
Whakatitahia nga Hapu a Whakatohea kia Whakatohea te iwi
Customary rights, responsibilities and intimate relationships of Whakatohea with its taonga have been developed over several centuries. These were confirmed and guaranteed by Te Tiriti o Waitangi signed at Opotiki on 27 May 1840. Despite successive colonial governments ignoring or actively undermining Crown Treaty obligations to Whakatohea, the Treaty agreement remains the basis of the relationship between Whakatohea and the Crown.
Despite recent changes in resource management legislation giving some recognition of customary rights and responsibilities of Whakatohea, these continue to be largely ignored and Whakatohea taonga continue to be mis-managed.
Whakatohea finds itself in the unfortunate position of continually responding to the initiatives of Crown Agencies and private organisations pertaining to Whakatohea taonga. While pressures on Whakatohea taonga continue to increase, so too do pressures for Whakatohea to focus on other issues such as tribal development, health, justice, and education.
The purpose of this plan is to provide a systematic framework to deal with significant resource management issues to Whakatohea Whanau and Hapu, reaffirming customary rights and responsibilities to manage and control its taonga according to Whakatohea needs and preferences, and as a basis to move from the reactive to the proactive mode.
This plan has been written to give a broad picture of the issues affecting Whakatohea taonga and to provide broad directions for resolution, maintaining the need for direct Hapu involvement in the implementation of this document. That is, this plan is not intended to replace the need for individuals and organisations to continue to directly and actively consult Whakatohea over specific resource management issues pertaining to the management of its taonga. The basis of that consultation, however, is clearly stated within this document.
Whakatohea customary rights and responsibilities towards its taonga, primarily through the exercise of Kaitiakitanga and Tino Rangatiratanga must be recognised and actively supported.
Whakatohea recognise the need to develop a comprehensive Management Plan covering all aspects of Whakatohea under it's Wawata. This resource management plan represents the first step towards achieving that Wawata.
As with traditional systems, resource management (use, development, and protection) continues to be about relationships, primarily between taonga and people. Successful resource management within Whakatohea rohe will be achieved by all parties focusing on getting relationships right between:
- people (e.g. Whakatohea and local authorities); and
- people and Whakatohea taonga (e.g. avoiding, remedying and mitigating adverse effects of people's activities on ancestral water of Whakatohea).
Whakatohea relationships with its taonga is based on whakapapa, or kinship with the natural world, and from long physical associations and experiences with taonga extending over several centuries.
This plan acquires its authority solely from the mana of Whakatohea Hapu and has been prepared in accordance with Hapu aspirations.
It is to be accorded the status of authoritative tribal policy by all members of Whakatohea and any organisations and individuals who interact with Whakatohea.
To ensure that the integrity of this document is maintained, and closer realisation of te Wawata o Whakatohea, this document shall bind all members of Whakatohea. Any changes to this document must be made through a Hui-a-Iwi.
Whakatohea seeks three broad outcomes from the implementation of this plan:
- The guaranteed protection and enhancement of relationships and traditions of Whakatohea with ancestral lands, water, air, waahi tapu, and other taonga;
- The political, social, economic, and cultural wellbeing of Whakatohea;
- The establishment and enhancement of mutually beneficial relationships with Crown Agencies and others affecting Whakatohea interests;
in a way which is consistent with the Wawata of Whakatohea.
In order for Whakatohea to deal with the multitude of issues impacting on its taonga, many of which did not exist in traditional times, this document has been divided into a number of sections. The application of principles and policies stated throughout this document, however, must be in a way which treats the document as a whole.
The following process was adopted in the preparation of this document:
The idea of preparing the plan was first supported at an Iwi Executive Hui at Pakowhai Hall on 6 December 1992. This was followed by a Hui of Kaumatua at Maromahue Marae on 17 January 1993, where the Wawata was decided and issues were brainstormed. At a Hui-a-Iwi at Te Rere Marae on 7 February 1993, a Project Team comprising Hapu representatives was appointed to prepare the plan, and an invitation was extended to the Trust Board. The Project Team met on 19 February 1993 to brainstorm issues and policies. On 27 February 1993, at a hui of BOP tribes and the Whakatane District Council, the BOPRC consultation process to prepare the Regional Policy Statement and consultants was introduced. The Project Team met at Kutarere School on 28 March 1993 to discuss the first draft plan. A statement was presented to the BOPRC on 3 April 1993 at a hui of BOP tribes and the Whakatane District Council, stating concerns with the council's consultation process. The draft plan was forwarded to the Project Team and Trust Board on 31 May 1993. The draft plan was presented to the Iwi Executive Hui at Pakowhai Hall on 13 June 1993. A workshop on the draft plan was held by the Trust Board on 27 June 1993. The plan was finally approved by a Hui-a-Iwi at Omarumutu Marae on 18 July 1993.
Hapu representatives will be responsible for coordinating the implementation, monitoring and review of this plan through Crown Agencies and other organisations. Hapu contacts will be forwarded to Crown Agencies on an annual basis.
This document represents Stage I of preparing a Whakatohea Resource Management Plan stating resource management aspirations of Whakatohea in the form of policies and goals (what Whakatohea wants to achieve).
An internal working document with objectives and methods detailing strategies for how (and when) goals will be achieved will be prepared as the second stage.
The ultimate interpretation of this document lies solely with Whakatohea.
Whakatohea reserves the right to review and amend the contents of this plan at any time. Amendments can only be made through a Whakatohea Hui-a-Iwi.
Consistent with Te Wawata o Whakatohea, the collective wellbeing of Whakatohea must have priority over individual wellbeing when deciding on amendments to this document.
Ko Te Kopu O Te Ururoa Ko Te Rangi Ko Whakapaunpakihi Ko enei Nga kokonga e toru o te rohe potae o te Whakatohea me korereo tatou kia Tuhoe mo te taka ki te Tonga e pa ana ki a ratou
The following ancestral land rohe of Whakatohea according to evidence given by Te Hoeroa Horokai and Heremia Hoeroa at Opotiki on 14 July 1920 is as follows:
Commencing at Pakihi, at the mouth of the river along the sea coast to the mouth of the Waiotahe Stream to the mouth of the Ohiwa Harbour to Tehoro (a hill) and then turning inland southwards to Puhikoko (a hill) by straight line to Pukemoremore (a hill) then to Mapouriki (a hill) at one time a fighting pa. Then descending to Waimana Stream, Mapouriki being on the bank; following the Waimana Stream towards its source at Tautautahi (a hill) along the banks to the mouth of the Parau stream; then following Parau Stream to Tangata-e-roha (a hill) on to Kaharoa (an old settlement); from Kaharoa to TaHarakeke a ridge leading towards Maungapohatu to Maungatapere (a hill) descending into the Motu River to Kaitaura falls to Peketum (a rock in the river that was an old crossing); leaving the river and up a ridge to Whakararonga (a hill); following the hill tops till it reaches Tipi o Houmea (a peak) descending towards Makomako (another hill) till it crosses Takaputahi Stream to Ngaupoko Tangata (a mountain) following the ridge to Kamakama (a mound resting place); along the ridge to Oroi (a trig station) then turning seawards to Te Rangi on the sea coast, (a stone visible on the sea coast at low tide); then along the sea coast to the mouth of the Opape Stream, to Awahou Stream to Tirohanga and back to Pakihi.
Subsequent Maori Land Court hearings have further defined the rohe of Whakatohea.
Ka hoki atu ki Opape Ka tu nga tai o Te Rangi Mata taniwha rau
All surface and ground water within the Whakatohea rohe including puna, waterfalls, wetlands, estuaries, and the whole or parts of the Ohiwa Harbour, the Waiotahe River, the Waioweka River, the Otara River, the Waiaua River, the Opape Stream, and the Motu River and Te Moananui-a-Toi.
The above rohe is subject to change in relation to claims.
The following is a general explanation of Kaitiakitanga to assist an understanding among external organisations responsible to Whakatohea.
Kaitiakitanga is rooted in traditional resource management systems. Traditional management systems are based on Whakatohea beliefs pertaining to the natural world and its origins.
Traditions concerning the creation recount the emergence of:
- te taha tinana (the physical reality);
- te taha hinengaro (the intellectual plane); and
- te taha wairua (the spiritual realm)
present in all things.
Traditions recount how all things in the natural world are interrelated and interconnected via whakapapa. Whakapapa also symbolises the passing of mana, from Io to Ranginui and Papatuanuku, and then to their children, the Atua.
The children of Papa and Rangi created, settled and maintained different domains, passing mana to their children, and breathing mauri or life-force, which emanated from Io, into them. Mauri generates, regenerates and upholds creation, binding physical and spiritual elements of elements of all things together. When something dies, the mauri is no longer able to bind those elements together and thereby give life. Without mauri nothing can survive.
With the passing of mana are also responsibilities of Kaitiakitanga to one's creator. Whakatohea, as Tangata Whenua with mana whenua, belong to the land and have Kaitiaki responsibilities to it.
Tikanga or practices have been developed to maintain the mauri of the domains of the Atua. Tikanga are derived from beliefs pertaining to the creation, and recognises concepts such as tapu and rahui to manage and control the interrelations of people and the natural world.
Observing tikanga is part of the ethic and exercise of Kaitiakitanga. Accordingly, Kaitiakitanga seeks to unify taha tinana, taha hinengaro and taha wairua in a holistic way, recognising that physical damage to a resource also results in spiritual damage. Failure to recognise and provide for all three elements of taonga results in a loss of wholeness.
Within the domains of the Atua are a variety of resources of particular importance or significance to Whakatohea which are regarded as taonga. Taonga refer to anything, tangible or intangible, that contribute to the tribe's intellectual, physical and spiritual wellbeing.
Tiaki includes notions of guardianship, care, and wise management.
Kaitiaki stands for a person and/or agent who performs the ancestral responsibilities of tiaki. Kaitiaki may be human or non-human. The primary responsibilities of Kaitiaki are to protect the mauri or lifeforce of all things in a way which ensures that the quality of tribal taonga passed on to future generations is as good as or better than currently.
Kaitiakitanga is the process or system of exercising Kaitiaki responsibilities.
Kaitiakitanga has a variety of applications including, but not limited to:
- the protection and maintenance of wahi tapu and other tribal areas of significance;
- the placing of rahui to allow replenishment of traditional kai moana areas;
- directing development in ways which are in keeping with the environment;
- observing the tikanga associated with traditional activities;
- active opposition to developments with actual or potential adverse effects on taonga;
- monitoring resource indicators, where resources indicate the state of their mauri;
- lodging claims against Crown actions which have adversely affected the mauri of Whakatohea.
Kaitiakitanga is inextricably linked to Tino Rangatiratanga, since both are based upon mana. It is impossible to exercise Kaitiaki responsibilities without Tino Rangatiratanga as it requires controlling people's actions as they effect ancestral taonga. Where Kaitiaki are non-human, the obligation is on Tangata Whenua to respond to the indications which such ancestral Kaitiaki give regarding the state of the mauri.
Kaitiakitanga may only be practised by those Whanau or Hapu with mana or customary authority over the tribal taonga in question. Individuals or organisations may also be delegated the tasks of Kaitiakitanga with respect to a particular locality, place or resource. Kaitiaki are often found to be those who reside close to the resource, and who will have the most experience with Kaitiakitanga.
Exercising Kaitiakitanga today involves Kaitiaki using a combination of traditional and western approaches. The two main reasons for this are:
- the existence of foreign contaminants (e.g. pesticides, chemicals) against which traditional approaches provide little protection for the mauri;
- Te Tiriti incorporates both traditional and western systems for managing the interrelationships of people and the environment.
Whakatohea experiences the following problems relating to Kaitiakitanga.
Lack of recognition of Whakatohea values, relationships and experiences developed with taonga over many centuries and the positive contribution Whakatohea has to make in the sustainable management of natural and physical resources.
Lack of recognition and resources for Kaitiaki to effectively exercise their traditional responsibilities and obligations towards taonga.
The personal costs and lack of resources for Kaitiaki and Honorary Fisheries Officers assuming Crown Treaty responsibilities for protecting fisheries and associated habitats.
Lack of monitoring and enforcement of resource consent conditions by the Crown Agencies responsible.
Direct and indirect adverse effects of activities on the mauri of all Whakatohea taonga, and therefore on relationships of Whakatohea with its taonga.
Lack of effective involvement in the preparation, approval, implementation, monitoring and review of policies, plans and resource consent processes affecting Whakatohea taonga.
Difficulties for Kaitiaki restricting use and access of people to particular significant sites, areas and taonga through either traditional (e.g. rahui) or western (e.g. bylaws) mechanisms.
- To ensure the ongoing practical recognition of and provision for Kaitiakitanga in all relevant policies, plans, programmes and processes of Crown Agencies affecting Whakatohea taonga.
- To establish and enhance a tribal resource management structure and resource centre, programmes and procedures necessary for practically exercising Kaitiakitanga in all levels and stages of resource management on an ongoing basis.
- To ensure that Crown Agencies, with Whakatohea, avoid, remedy and mitigate actual and potential adverse effects of activities on relationships of Whakatohea with its taonga.
- To ensure that Crown Agencies, with Whakatohea, fulfil their responsibilities regarding the sustainable management of natural and physical resources in a way that actively recognises and supports the Kaitiaki rights (including decision-making) and responsibilities of Whakatohea guaranteed by the Treaty.
- To work with Crown Agencies and other tribal groups to establish programmes for facilitating the staged transfer of functions, powers and duties back to Whakatohea.
- To enhance ongoing practical expression of Kaitiakitanga through the establishment of contracts restoring damaged ecosystems, and through ongoing education, training, research, monitoring and enforcement programmes between Whakatohea and Crown Agencies.
Te wero a te taiaha ka kitea Te wero a te ngakau e kore e kitea
The wellbeing of Whakatohea Hapu is central to the wellbeing of Whakatohea as an Iwi, and the wellbeing of Whakatohea taonga.
Hapu are the traditional political, social and economic unit of Whakatohea society. Exclusive rights and control over the use, development and protection of resources such as food and materials, in particular, were generally exercised on a day to day basis by the Hapu.
The important role of Hapu in resource management, holding mana whenua and mana moana over particular resources and areas within the rohe of Whakatohea, is recognised by Te Tiriti o Waitangi signed at Opotiki on 27 May 1840 by Hapu Rangatira, confirming their sovereign rights as Tangata Whenua.
The customary rights of Whakatohea over its taonga do not derive from the Treaty. The Treaty simply confirms and guarantees rights that already existed, and provided a framework for two parties, the Crown and Whakatohea, to develop mutually beneficial relationships.
The continuing political, social, economic, cultural and spiritual impacts of Crown actions, in the form of raupatu, legislation and direct actions, has alienated Hapu from their ancestral taonga and deprived Hapu of their Tino Rangatiratanga and Kaitiakitanga rights and responsibilities recognised and guaranteed by the Treaty. Whakatohea has never relinquished these rights and responsibilities.
A successful settlement of the pending Whakatohea raupatu claim against the Crown (Wai-87) is an essential step to restoring the individual wellbeing of Whakatohea Hapu for the collective wellbeing of the Iwi and Whakatohea taonga.
The customary and constitutional rights of Whakatohea as Tangata Whenua embodied within the Treaty do not refer to "principles." Treaty Principles undermine the integrity of the Treaty itself - principles are a redefinition of the Treaty promulgated by one Treaty partner.
Because legislation refers to "principles of the Treaty," however, Whakatohea recognises the wisdom in stating Treaty principles from those developed by the Court of Appeal and the Waitangi Tribunal. [1]
Despite the reference to Treaty Principles here, Whakatohea will always strive to have the spirit and integrity of the "Articles" of Te Tiriti o Waitangi, and the authority and intentions of Whakatohea tipuna in signing Te Tiriti honoured.
The cession to the Crown of Kawanatanga in Article 1 is in exchange for the obligation to actively protect Tino Rangatiratanga guaranteed in Article II.
The powers and functions delegated by the Crown to local authorities are forms of Kawanatanga. A duty exists to govern for the needs of the general public in light of the obligation to actively protect Tangata Whenua interests. The guarantee of Tino Rangatiratanga necessarily qualifies or limits the Kawanatanga but, by the same token, the Treaty does not authorise unreasonable restrictions on the Crown's right to govern.
The Crown has an obligation to legally recognise tribal Rangatiratanga. Rangatiratanga denotes the mana of Iwi and Hapu not only to possess what they own, but to manage and control it in accordance with tribal customs and cultural preferences. The Rangatiratanga principle includes the right of tribal self-regulation of their (Tangata Whenua) natural and physical resources in accordance with customary preferences.
The Treaty guarantees tribal control of Maori matters, including the right to regulate access of tribal members and others to tribal taonga.
Matters of Rangatiratanga over particular resources can only be determined by those who hold mana over that resource, such as particular Hapu, or persons or organisations explicitly appointed as their representative(s). Only Whakatohea can define Whakatohea interests and values, and determine what is significant from a Whakatohea point of view.
Inherent in the Treaty is the intention that both the Crown and Tangata Whenua will benefit from the relationship. This principle requires the establishment and enhancement of ongoing mutually beneficial relationships.
- The Treaty requires a partnership and the duty to act reasonably and with utmost good faith.
- Inherent in the Treaty the needs of both the Tangata Whenua and the general public must be provided for, and where necessary, reconciled.
- The guarantee of Tino Rangatiratanga requires a high priority for Tangata Whenua interests when works impact on ancestral lands, water, fisheries or other taonga of particular significance. In other cases, however, it is a careful balancing of interests that is required. Giving effect to the Treaty is to benefit both the interests of the general public and the distinct and specific interests of Tangata Whenua with respect to their taonga.
- Tangata Whenua are to retain their distinct and special collective rights over their taonga, separately and in addition to those rights of citizenship granted under Article III.
- The Crown right of pre-emption in Article II imposes reciprocal duties to ensure that Tangata Whenua retain sufficient resources for their own purposes and needs.
The active protection of the continuing authority of Tangata Whenua to exercise Tino Rangatiratanga over their taonga to the fullest extent practicable, including the ability to use, develop, protect and exercise self-regulated decision-making authority over those taonga. The duty is not merely passive, but denotes a requirement to act including:
- to protect Tangata Whenua from legislative or administrative constraints from using their resources according to their cultural preferences;
- to protect Tangata Whenua from the adverse effects of the activities of others on their ability to use and enjoy their taonga, whether in physical and spiritual terms;
- supporting Tangata Whenua in the development of strategies for managing their taonga, and active involvement in matters of government affecting their interests. Active protection implies adequate resourcing for Tangata Whenua participation in resource management.
Before any decisions are made by the Crown, or those exercising statutory authority on matters which may impinge upon the rangatiratanga of a tribe over their taonga, it is essential that full discussion take place with Tangata Whenua. The Crown obligation actively to protect Tangata Whenua Treaty rights cannot be fulfilled in the absence of a full appreciation of the nature of the taonga including its spiritual and cultural dimensions. This can only be gained from those having rangatiratanga over the taonga.
Obligations of consultation include:
- to provide information and time to allow Tangata Whenua to make an informed assessment on proposals and to determine their response to it in a culturally appropriate manner;
- the consulting party keeping an open mind, to seek consensus, and to be willing to change plans or proposals, if this is the result of consultation;
- a genuine invitation to give advice and a genuine consideration of that advice.
(See also Consultation Section below)
Tino Rangatiratanga encompasses both the making of decisions and their implementation. Provision should be made for the full participation of Tangata Whenua in decision making and other processes involving matters which Tangata Whenua identify as being significant to them.
The Crown in devolving powers may not avoid Treaty obligations by conferring an inconsistent jurisdiction on others. The Crown has been held accountable for actions of local authorities which have given rise to Treaty grievances. This principle requires local authorities to incorporate Tangata Whenua interests in ways which will help avoid future Treaty grievances.
Inherent in the Treaty is the right and responsibility of Tangata Whenua to provide for their collective social, economic and cultural wellbeing. This principle includes the right of Tangata Whenua to abide by their own customs and to take advantage of new techniques, knowledge and equipment.
Maori aspirations often appear to fall outside the primary statutes governing local authorities. In such cases the Court [2] has held that it is proper to resort to "extrinsic material" when making deliberations. Extrinsic material would include the decisions of the Waitangi Tribunal, the courts, and international agreements signed or ratified by New Zealand. Past or present statements of Tangata Whenua forwarded to the particular decision-making body covering the particular issues in question would classify as important aid to assist deliberations.
All parties must allow for the fact that the Treaty is "always speaking," and that Treaty principles and their application will continue to evolve. Application of Treaty principles to resource management continues to be a matter for ongoing consultation and negotiation with Tangata Whenua. In particular, matters of Tino Rangatiratanga over particular taonga can only be determined by Tangata Whenua who hold mana whenua over that resource.
In the implementation of the RM Act and other legislation incorporating Treaty principles, Crown Agencies responsible must give effect to the intentions of Parliament.
- To ensure that the spirit and integrity of the "Articles" of Te Tiriti o Waitangi, and the authority and intentions of Whakatohea tipuna in signing Te Tiriti are honoured.
- To ensure that the policies, plans and processes of Crown Agencies actively recognise, protect, enhance and provide for the relationships of Whakatohea with its ancestral taonga.
- To ensure that Crown, public or private development proposals do not inhibit the right of Whakatohea to use ancestral taonga according to Whakatohea customs, needs and preferences.
- To ensure that the Crown and its agencies fulfil their responsibilities to actively protect the rights and responsibilities of Whakatohea guaranteed by the Treaty.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to avoid, remedy and mitigate adverse effects of activities on relationships of Whakatohea with its taonga.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to be involved in all levels and stages of resource management decision-making.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a tribal resource management structure and resource centre.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain programmes for education, training, research, monitoring and enforcement.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain contracts for restoring damaged ecosystems.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain programmes for facilitating the staged transfer of functions, powers and duties back to Whakatohea.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive inventory and information system of all natural and physical tribal resources.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive waste management strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive pest management strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive natural hazards strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive energy strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive transport strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive tourism strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive recreation strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive health strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive education strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive housing strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive employment strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive justice strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive social welfare strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive economic development strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive cultural development strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive political development strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive information strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive communication strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive administration strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive financial strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive legal strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive research strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive monitoring strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive enforcement strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive review strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive audit strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive reporting strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive liaison strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive negotiation strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive mediation strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive arbitration strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive litigation strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive law reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive policy reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive plan reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive programme reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive project reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive process reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive procedure reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive practice reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive guideline reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive standard reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive regulation reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive bylaw reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive rule reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive order reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive notice reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive direction reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive restriction reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive prohibition reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive consent reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive permit reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive licence reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive quota reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive allocation reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive tender reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive lease reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive sale reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive purchase reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive exchange reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive gift reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive compensation reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive restoration reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive enhancement reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive protection reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive preservation reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive conservation reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive management reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive administration reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive control reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive ownership reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive devolution reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive delegation reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive transfer reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive accountability reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive liability reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive insurance reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive bond reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive covenant reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive easement reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive access reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive use reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive development reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive subdivision reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive building reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive structure reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive sign reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive heritage reform strategy.
- To ensure that the Crown and its agencies actively support the rights and responsibilities of Whakatohea to establish and maintain a comprehensive waahi tapu reform strategy.
[1] Crengle, D. (January 1993) Taking into Account the Principles of the Treaty of Waitangi. Ministry for the Environment - Manatu Mo Te Taiao; Waitangi Tribunal (1993) Ngawha Geothermal Resource Report.
[2] Huakina Development Trust v Waikato Valley Authority (1987) 2 NZLR 188.
Crown Agencies have a legal and moral obligation to uphold the principles of the Treaty of Waitangi. The Resource Management Act 1991 (RMA) and other legislation place a duty on Crown Agencies to consult with Tangata Whenua on matters which affect them. This includes the preparation of policy statements and plans, and the consideration of resource consent applications.
Failure of Crown Agencies to adequately consult with Whakatohea.
Lack of understanding within Crown Agencies of Whakatohea values, and the subsequent failure to incorporate these values into decision-making processes.
Inadequate resourcing of Whakatohea to enable effective participation in resource management processes.
The perception that consultation is a token gesture, with decisions having been made prior to consultation taking place.
To ensure that Crown Agencies fulfil their statutory and Treaty obligations to Whakatohea in a manner that is consistent with the principles of partnership and good faith.
- To ensure that Crown Agencies consult with Whakatohea in a manner that is early, ongoing, and meaningful.
- To ensure that Crown Agencies provide adequate resources to Whakatohea to enable effective participation in resource management processes.
- To ensure that Crown Agencies develop a greater understanding of Whakatohea values and incorporate these values into decision-making processes.
- To ensure that Crown Agencies work in partnership with Whakatohea to achieve the sustainable management of natural and physical resources.
Consultation is a fundamental principle of the Treaty of Waitangi and is a requirement under the Resource Management Act 1991. It is a process of meaningful interaction between Crown Agencies and Tangata Whenua, where the views of Tangata Whenua are sought and considered in decision-making processes.
Whakatohea has developed a set of fundamental principles for consultation, which are intended to guide Crown Agencies in their interactions with Whakatohea.
Consultation must be based on the recognition of the mana of Whakatohea as Tangata Whenua.
Consultation must be conducted in good faith, with a willingness to listen and a genuine desire to reach a mutually acceptable outcome.
Consultation must be early and ongoing, commencing at the earliest possible stage and continuing throughout the process.
Whakatohea must be provided with all relevant information in a timely manner to enable informed participation.
Whakatohea must be given adequate time and resources to enable effective participation.
Consultation must be conducted in a culturally appropriate manner, which may include hui, marae-based meetings, and the use of te reo Maori.
Crown Agencies must consult with the appropriate representatives of Whakatohea, as determined by Whakatohea.
Whakatohea must be provided with feedback on how their views have been considered in the decision-making process.
Whakatohea has developed an anticipated consultation process, which is intended to provide a framework for consultation with Crown Agencies.
The Crown Agency makes initial contact with the Whakatohea Trust Board, providing an overview of the proposal and the proposed consultation process.
The proposal is presented to a Hui-a-Iwi for consideration and to seek a mandate for the Whakatohea Trust Board to proceed with consultation.
A Project Team is established, comprising representatives of the Whakatohea Trust Board and the relevant Hapu.
The Project Team negotiates with the Crown Agency on the details of the proposal and the consultation process.
An Agreement in Principle is reached between the Project Team and the Crown Agency.
The Agreement in Principle is presented to a Hui-a-Iwi for ratification.
A Final Agreement is signed by the Whakatohea Trust Board and the Crown Agency.
To ensure that consultation with Whakatohea is conducted in a manner that is consistent with the principles of the Treaty of Waitangi and the fundamental consultation principles developed by Whakatohea.
- To ensure that Crown Agencies consult with Whakatohea in a manner that is early, ongoing, and meaningful.
- To ensure that Crown Agencies provide adequate resources to Whakatohea to enable effective participation in resource management processes.
- To ensure that Crown Agencies develop a greater understanding of Whakatohea values and incorporate these values into decision-making processes.
- To ensure that Crown Agencies work in partnership with Whakatohea to achieve the sustainable management of natural and physical resources.
Whakatohea has identified a number of matters of resource management significance, which are of particular importance to the iwi. These matters are not exhaustive, and may be added to over time.
- The protection of waahi tapu and other sites of significance.
- The maintenance and enhancement of the mauri of all natural and physical resources.
- The restoration of the relationship between Whakatohea and its ancestral taonga.
- The exercise of Kaitiakitanga.
- The recognition of Tino Rangatiratanga.
- The provision of for the social, economic, and cultural wellbeing of Whakatohea.
- The sustainable management of natural and physical resources.
- The protection of the coastal environment.
- The protection of freshwater resources.
- The protection of indigenous flora and fauna.
- The management of waste.
- The management of natural hazards.
- The management of energy resources.
- The management of transport.
- The management of tourism.
- The management of recreation.
- recreation.
- The management of health.
- The management of education.
- The management of housing.
- The management of employment.
- The management of justice.
- The management of social welfare.
- The management of economic development.
- The management of cultural development.
- The management of political development.
- The management of information.
- The management of communication.
- The management of administration.
- The management of finance.
- The management of law.
- The management of research.
- The management of monitoring.
- The management of enforcement.
- The management of review.
- The management of audit.
- The management of reporting.
- The management of liaison.
- The management of negotiation.
- The management of mediation.
- The management of arbitration.
- The management of litigation.
- The management of law reform.
- The management of policy reform.
- The management of plan reform.
- The management of programme reform.
- The management of project reform.
- The management of process reform.
- The management of procedure reform.
- The management of practice reform.
- The management of guideline reform.
- The management of standard reform.
- The management of regulation reform.
- The management of bylaw reform.
- The management of rule reform.
- The management of order reform.
- The management of notice reform.
- The management of direction reform.
- The management of restriction reform.
- The management of prohibition reform.
- The management of consent reform.
- The management of permit reform.
- The management of licence reform.
- The management of quota reform.
- The management of allocation reform.
- The management of tender reform.
- The management of lease reform.
- The management of sale reform.
- The management of purchase reform.
- The management of exchange reform.
- The management of gift reform.
- The management of compensation reform.
- The management of restoration reform.
- The management of enhancement reform.
- The management of protection reform.
- The management of preservation reform.
- The management of conservation reform.
- The management of management reform.
- The management of administration reform.
- The management of control reform.
- The management of ownership reform.
- The management of devolution reform.
- The management of delegation reform.
- The management of transfer reform.
- The management of accountability reform.
- The management of liability reform.
- The management of insurance reform.
- The management of bond reform.
- The management of covenant reform.
- The management of easement reform.
- The management of access reform.
- The management of use reform.
- The management of development reform.
- The management of subdivision reform.
- The management of building reform.
- The management of structure reform.
- The management of sign reform.
- The management of heritage reform.
- The management of waahi tapu reform.
The social, economic, and cultural wellbeing of Whakatohea is a matter of paramount importance. The Resource Management Act 1991 requires that decision-makers have regard to the social, economic, and cultural effects of activities. For Whakatohea, these three aspects of wellbeing are inextricably linked and cannot be considered in isolation.
Whakatohea has identified a number of significant issues that impact on the social, economic, and cultural wellbeing of the iwi. These include:
The high rate of unemployment among Whakatohea members is a major concern, leading to a range of social and economic problems.
Low levels of educational achievement limit the opportunities available to Whakatohea members and contribute to the cycle of poverty.
The health status of Whakatohea members is significantly worse than that of the general population, with high rates of chronic disease and premature death.
A lack of access to adequate and affordable housing is a major issue for many Whakatohea families.
The erosion of cultural identity, including the loss of te reo Maori and traditional knowledge, is a significant concern.
The lack of economic development opportunities within the Whakatohea rohe has resulted in a reliance on government assistance and a lack of self-sufficiency.
To promote the social, economic, and cultural wellbeing of Whakatohea through the sustainable management of natural and physical resources.
- To create opportunities for employment and economic development for Whakatohea members.
- To improve the educational achievement of Whakatohea members.
- To improve the health status of Whakatohea members.
- To improve the housing conditions of Whakatohea members.
- To promote the retention and revitalisation of Whakatohea culture and identity.
- To work in partnership with Crown Agencies and other organisations to address the social, economic, and cultural needs of Whakatohea.
E noho ana ahau i te koko ki Ohiwa Ka whakarongo rua aku taringa Ki te tai o Tua-Rae-O-Kanawa E aki ana ki uta - Ki te Whanau a Tairongo Kei Tauwhare ko Koopua o te Ururoa Te Kai-a-te-ahi-a-te-aroha Te raweke tia e te ringa ringa Kei Roimata ko te Upokorehe Ko te Umu-Tao-Noa-A-Tairongo Tihei Mauri Ora
Whenua (land) is the physical and spiritual foundation of Whakatohea identity. It is the source of life, sustenance, and cultural wellbeing. The relationship between Whakatohea and their ancestral lands is profound and enduring, based on whakapapa and generations of occupation and use.
Whakatohea has identified a number of significant issues relating to ancestral lands:
The historical alienation of vast areas of Whakatohea land through confiscation and other means has had a devastating impact on the iwi, severing connections to ancestral taonga and undermining the economic and cultural base of the people.
The fragmentation of ownership of remaining Maori land through the Maori Land Court succession process has made it difficult to effectively manage and develop the land.
The conversion of land to uses that are inconsistent with Whakatohea values, such as intensive farming and forestry, has resulted in the degradation of natural resources and the loss of cultural sites.
The lack of legal and practical access to some ancestral lands, including waahi tapu and other sites of significance, is a major concern.
The rating of Maori land, particularly undeveloped land, places a significant financial burden on owners and can lead to further alienation.
- To ensure the protection of and access to all ancestral sites and areas of significance, including the right to control the use and access of others.
- To actively protect and enhance use, development and protection opportunities associated with Maori Land for the collective wellbeing of Whakatohea.
- To ensure that the policies and plans of Crown Agencies actively recognise, protect, enhance, and provide for relationships of Whakatohea with ancestral lands and other taonga.
- To ensure that Crown, public or private development proposals do not inhibit the right of Whakatohea to use ancestral lands and other taonga according to Whakatohea customs, needs and preferences.
- To ensure that contributions for land or development levies to Crown Agencies are not required for Maori Land partitions which stay within the Iwi, Hapu or Whanau.
- That all Maori landowners and Crown Agencies recognise and fulfill their responsibilities not to permit further alienation (sale, gifting, long-term leases) of Maori land within the Whakatohea rohe, but to return ancestral lands to full Whakatohea ownership, management and control for the long-term collective wellbeing of Whakatohea.
E noho ana ano i te koko ki Ohiwa Ka Whakarongo rua aku taringa Hi te tai o Tua-Rae-O-Kanawa E aki ana ku uta - Kite Whanau a Tairongo Kei Tauwhare ko Koopua o te Ururoa Te Kaiirarinoa mai Te raweke tia e te ringa ringa Kei Roimata ko te Upokorehe Ko te UmuTao Noa A Tairongo Tihei Mauri Ora
Water is a very significant resource to Whakatohea. Water is life-giving with its own mauri or life-force which must be nurtured as a living entity.
Water represents the lifeblood of Papatuanuku, the tears of Ranginui, and is the domain of Tangaroa.
Practices and elements which defile the mauri and mana of water are seen as abhorrent. The effluent from the numerous dairy farms (approximately 50 and 12 dairy sheds along the Waioweka/Otara and Waiotahe Rivers respectively), septic tanks, and town sewerage systems draining into ancestral water is totally unacceptable to Whakatohea values. Everything that derives from the land must return to the land.
According to holistic beliefs, the wellbeing of water is a reflection of the wellbeing of the land, and this in turn is a reflection of the wellbeing of the Tangata Whenua, Whakatohea.
Adhoc and inappropriate developments allowed within the Ohiwa Harbour catchment.
The adverse effects of poorly located and controlled land-based activities on people's health and the mauri of water, fish, kaimoana and their habitats. Activities include those resulting in animal and human waste, sewage effluent overflows, contaminated stormwater, siltation, soil erosion, fertilisers, sprays, pesticides, flooding, and residential, agricultural, horticultural, commercial and industrial waste into water.
Adverse effects of runoff from roads, bush and scrub clearance, forestry development, earthworks, new and established subdivisions, and discharges and leachate from sewage systems, septic and industrial waste tanks, dairy sheds, piggeries, open drains, boats, effluent ponds, public toilets, and rubbish dumps.
Adverse spiritual and cultural effects of treated or untreated wastes entering water.
Boats discharging human, engine fuel, and other wastes into water. The burial of tuupaapaku at sea.
Uncertainties regarding the capacity of landbased soakage fields to cope with sewage effluent volumes.
Dumping of rubbish alongside rivers and seams.
Reclamations.
Inadequate water supply and sewage disposal services for marae and papa kainga housing.
Government irrigation schemes established in the Whakatohea rohe but refused to Maori landowners.
Lack of involvement in planning and deciding the location of any structures (e.g. boat ramps, moorings, jetties) in the coastal marine area (area below mean high water springs to the 12-mile limit).
Crown and Crown Agencies allocating and selling rights to use, take, dam and divert water resources rightly owned by Whakatohea.
The draining of wetlands for purposes including those of agriculture and horticulture, resulting in loss of significant spawning grounds of whitebait, fish and eels, and traditional food and cultural resources of Whakatohea.
Need to restrict use, access and development of certain sites and areas (e.g. waahi tapu located in coastal marine area, lagoon, river and stream beds; specific springs and areas of water with special historic and cultural significance).
Flooding and siltation of water including coastal marine areas, kaimoana and their habitats from activities such as mining river beds, forestry, farming, major storms, farming methods, the clearing of vegetation cover, roading and earthworks, the 'total clearance' methods of subdivisions.
The need to place restrictions on water when drownings occur.
- To ensure active involvement in setting policies, controls and conditions to avoid, remedy or mitigate adverse effects of existing and proposed land or water-based activities on water, marine life and habitats.
- That Crown Agencies recognise their responsibility to urgently prepare strategic development plans with Whakatohea to avoid, remedy or mitigate actual or potential adverse effects of future development on relationships of Whakatohea with ancestral taonga.
- To ensure that all contaminants, human or otherwise, derived from land or water-based activities are firstly adequately treated by passing through and in some cases over land before being discharged directly into water.
- To actively oppose all future development proposals, including buildings and subdivisions, within the Ohiwa Harbour Catchment until a comprehensive joint Tangata Whenua - Crown Agency management strategy is established.
- To challenge the Crown's 'presumptive' ownership of Whakatohea taonga which has never willingly been gifted, transferred or sold by Whakatohea. Any applications for any income from coastal tendering provisions must recognise Treaty obligations to Whakatohea.
- To ensure that all remaining wetlands are actively protected and enhanced.
- To oppose any applications for water conservation orders which effect water within Whakatohea rohe.
Whakatohea heritage represents a unique, dynamic, complex and wide range of spiritual, cultural, and physical associations with natural and physical resources and environment. Whakatohea heritage includes:
including customs, traditions, waiata, haka, pepeha, whakatauaki, karakia, taiaha, whakairo, Whakatohea calendar of important commemoration dates, and purakau;
genealogies describing the creation, Ira Atua, Ira Tangata and nga waka.
including protocols associated with tangihanga, powhiri, and whakairo.
including nga maunga, mahinga kai moana or meataitai, mahinga kai whenua, mahinga wai, ara moana, ara whenua, kainga mahue, puna, wai tohi, tohu, kowai, caves, toka, pa, battlefields, fishing grounds, where traditional activities took place, urupa, tauranga waka, wetlands, beds of lagoons, rivers and streams, of which some of the above areas and sites are or contain waahi tapu.
including springs, rivers, maunga, manu, taonga raranga, artefacts, buildings, structures, and other taonga.
Whakatohea history and traditions are fundamental to the identity of Whakatohea, engendering a strong sense of belonging and defining relationships with all things.
Breakdown in the traditional maintenance, protection and advancement of historic and traditional knowledge.
Actual or potential conflicts between heritage and other environmental, social, economic and cultural objectives. The need for absolute protection of certain heritage sites and areas, however, such as waahi tapu, cannot be compromised.
Investigation, use, destruction and disturbance of ancestral sites without Whakatohea involvement or approval.
The absence of: (i) a comprehensive inventory of Whakatohea heritage sites and areas of significance; (ii) systems which ensure heritage sites and areas are protected from inappropriate effects and activities; (iii) and systems for 'flagging' concerns for Council planning and resource consent purposes whilst ensuring the protection of sensitive information.
Heritage is a finite resource and once lost cannot be returned. Most heritage cannot be left to look after themselves but demand active protection. Crown Agencies are not meeting their statutory responsibilities to ensure heritage sites and areas are actively protected.
Loss of ownership, control and management of historic areas and information on those areas and sites. A number of organisations outside Whakatohea hold records on Whakatohea heritage.
Historic sites, areas and taonga of significance to Whakatohea no longer in Whakatohea control or possession. Need to ensure protection and access in perpetuity.
Neglect and replacement of traditional placenames. The naming of public assets and facilities after people rather than events.
Lack of clear guidelines for people who come across koiwi and tribal artefacts.
Lack of general public awareness, understanding or respect for the significance of Whakatohea heritage to all parties.
- To ensure that the investigation, use, destruction or disturbance of sites and areas of significance to Whakatohea is prohibited unless the explicit and written approval of Whakatohea has been obtained. Only Whakatohea has the right to make decisions pertaining to the management and control of Whakatohea heritage.
- To ensure all waahi tapu are actively protected in perpetuity including those no longer in Whakatohea ownership (See Appendix 2). Where other sites and areas are disturbed, modified or destroyed the 'no net loss' principle shall apply.
- To ensure that all parties meet their statutory responsibilities to actively protect Whakatohea heritage sites and areas, which includes the need for Crown Agencies to fully support the establishment and maintenance of systems which 'flag' the location of sites and areas of significance to Whakatohea, including specific areas where activities shall be restricted or prohibited.
- To restore and promote the use and understanding of all traditional placenames.
- To actively promote the significance of Whakatohea heritage.
- To establish a comprehensive inventory and information system of all natural and physical tribal resources to facilitate their protection and to monitor their sustainable management.
- To ensure that Whakatohea retain the right to exclude the use and access of others to taonga of particular significance.
Cultural facilities include all those which contribute to the physical, spiritual and intellectual wellbeing of Whakatohea. Cultural facilities reaffirm Whakatohea identity and enhance relationships with ancestral lands. The ability to use cultural facilities according to Whakatohea tikanga is essential to ensuring that relationships of Whakatohea with its taonga continue.
Marae, churches, housing, education, employment, and health facilities are examples of cultural facilities.
Inadequate services for some marae, papa kainga housing and other cultural facilities including roading, electricity, and sewage, stormwater and water reticulation.
Actual and potential adverse effects of government laws, and inappropriate developments and activities on cultural facilities and associated activities.
To ensure that Whakatohea has the cultural facilities and is able to undertake cultural activities necessary to maintain and enhance the cultural wellbeing of the iwi.
- To ensure that all marae and other cultural facilities have adequate services.
- To ensure that the planning and development of cultural facilities is undertaken in a manner that is consistent with Whakatohea values and aspirations.
- To ensure that Whakatohea is able to undertake cultural activities without undue restriction.
Flora, or vegetation, is an essential component of the natural environment and is of immense cultural and spiritual significance to Whakatohea. Native flora provides food, medicine, and materials for cultural practices, and is an integral part of the landscape and the identity of the iwi.
The clearance of indigenous vegetation for agriculture, forestry, and urban development.
The introduction and spread of invasive plant species.
The loss of traditional knowledge relating to the use of native plants.
The lack of protection for significant areas of indigenous vegetation.
To protect, enhance, and restore the indigenous flora of the Whakatohea rohe.
- To protect all remaining areas of significant indigenous vegetation.
- To promote the restoration of indigenous vegetation, particularly in riparian areas and on erosion-prone land.
- To control the spread of invasive plant species.
- To promote the retention and use of traditional knowledge relating to native plants.
Fauna, or animal life, is an integral part of the natural environment and is of great cultural and spiritual significance to Whakatohea. Native fauna, including birds, fish, and insects, are considered taonga and are a source of food, cultural materials, and identity.
The loss of habitat due to the clearance of indigenous vegetation and the drainage of wetlands.
The introduction and spread of invasive animal species, which prey on and compete with native fauna.
The pollution of waterways, which has a detrimental effect on fish and other aquatic life.
The over-harvesting of some species, both commercially and recreationally.
The loss of traditional knowledge relating to the management and use of native fauna.
To protect, enhance, and restore the indigenous fauna of the Whakatohea rohe.
- To protect and restore the habitats of indigenous fauna.
- To control the spread of invasive animal species.
- To improve the quality of waterways to support healthy populations of fish and other aquatic life.
- To ensure that the harvesting of native fauna is undertaken in a sustainable manner.
- To promote the retention and use of traditional knowledge relating to native fauna.
Fisheries are a taonga of immense cultural, spiritual, and economic importance to Whakatohea. The coastal and inland waters of the Whakatohea rohe have traditionally been a source of abundant kaimoana (seafood), which has sustained the iwi for generations.
The depletion of fish stocks due to commercial and recreational overfishing.
The degradation of fish habitats due to pollution and sedimentation.
The lack of recognition of traditional fishing rights.
The impact of aquaculture on traditional fishing grounds.
To restore, enhance, and protect the fisheries of the Whakatohea rohe for the benefit of present and future generations.
- To ensure the sustainable management of all fisheries.
- To restore and enhance fish habitats.
- To ensure that traditional fishing rights are recognised and provided for.
- To ensure that aquaculture is developed in a manner that is sustainable and does not adversely affect traditional fishing grounds.
Minerals are a natural resource that can provide economic benefits, but their extraction can also have significant adverse effects on the environment and on cultural values. Whakatohea recognises the potential benefits of mineral extraction, but is also concerned to ensure that any such activity is undertaken in a manner that is sustainable and does not harm the environment or cultural sites.
The potential for adverse environmental effects from mineral extraction, including the pollution of waterways and the destruction of habitats.
The potential for the destruction of waahi tapu and other sites of significance.
The lack of involvement of Whakatohea in decision-making processes relating to mineral extraction.
To ensure that the extraction of minerals is undertaken in a manner that is sustainable and does not adversely affect the environment or cultural values.
- To ensure that a precautionary approach is taken to mineral extraction, with a focus on avoiding adverse effects.
- To ensure that Whakatohea is fully involved in all decision-making processes relating to mineral extraction.
- To ensure that any mineral extraction that does occur is undertaken in a manner that provides for the social, economic, and cultural wellbeing of Whakatohea.
Energy is an essential resource for modern life, but its generation and use can have significant adverse effects on the environment. Whakatohea is committed to the sustainable management of energy resources, with a focus on renewable energy and energy efficiency.
The reliance on fossil fuels for energy generation, which contributes to climate change.
The adverse environmental effects of large-scale energy projects, such as hydroelectric dams.
The lack of community involvement in energy decision-making.
To promote the sustainable management of energy resources, with a focus on renewable energy and energy efficiency.
- To promote the development of renewable energy resources, such as solar, wind, and geothermal.
- To promote energy efficiency and conservation.
- To ensure that Whakatohea is fully involved in all decision-making processes relating to energy.
(The full text of the Treaty of Waitangi is provided in this appendix in both Te Reo Maori and English).
(This appendix provides a guide on how whanau, hapu, or iwi can give permanent, or special, protection to an area of land or water).
(This appendix contains a ministerial statement of intent regarding papa kainga housing).
(This appendix provides a list of Maori terms and their definitions as used in the Resource Management Act 1991).
This digitised version has been created from the original scanned PDF document using OCR technology. While every effort has been made to ensure accuracy, some errors may have occurred during the digitisation process.
He puia taro nui He ngata taniwha rau E kore e ngaro