Office of Treaty Settlements 29 October 2010 Presentation to Hauraki Collective 29 October 2010 Cultural Redress Instruments

Office of Treaty Settlements 29 October 2010 Introduction Outline of the policy framework for Crown-owned cultural resources (conservation lands, taonga, etc) Key elements of cultural redress instruments used in previous settlements  Cultural Redress Instruments booklet Other cultural redress aspirations still to be discussed and developed

Office of Treaty Settlements 29 October 2010 Cultural Redress Intended to meet the cultural rather than economic interests of the claimant group May restore ownership, or guardianship, or provide for participation in decision-making Redress over Crown-owned resources Protection of existing third party rights Cultural redress is gifted

Office of Treaty Settlements 29 October 2010 Cultural Redress Instruments  Statutory instruments Overlay classifications Statutory Acknowledgements Deeds of Recognition  Fee simple vesting Vesting in fee simple (unencumbered) Vesting in fee simple as a conservation reserve Vesting in fee simple with a conservation covenant Nohoanga

Office of Treaty Settlements 29 October 2010 Cultural Redress Instruments  Resources (e.g. wildlife, waterways) Indirect application of all cultural redress instruments Existing customary common law rights not affected  Relationships Departmental protocols Relationship Agreement Non-Crown Agencies  Other cultural redress aspirations Whenua Ngahere (Te Rarawa) Cultural Revitalisation (Ngati Apa)

Office of Treaty Settlements 29 October 2010 Overlay classification Statutory Acknowledgement Deed of Recognition Applies to areas of iconic customary significance Imposes defined management practises on DOC Legislative statement Agree set of protection principles DOC must manage consistent with protection principles Recognition of customary association Resource Management Act processes Acknowledgement of association Consent authorities and Environment Court must have regard to Acknowledgement in RMA processes Input into management Acknowledgement of association DOC must consult with and have regard to views when managing 1.Statutory Instruments

Office of Treaty Settlements 29 October 2010 Unencumbered Existing reserve status Conservation covenant Transfers exclusive ownership Provides full rights associated with ownership Existing legal rights of third parties preserved (e.g. leases) Settlor responsible for associated costs Sites managed to protect conservation and recreational values Existing legal rights of third parties preserved (e.g. leases) Settlor responsible for associated costs 2.Fee simple vesting Transfers full ownership and must manage consistent with reserve classification, and/or governance entity is appointed as administering body

Office of Treaty Settlements 29 October Resources Overlay classification Statutory Acknowledgement Deed of Recognition Vesting - Unencumbered Vesting - Existing reserve status Vesting - Conservation covenant Departmental Protocols NATURAL RESOURCES: Rivers and lakes Wetlands and lagoons Geothermal and mineral resources Plant and fish species Movable taonga

Office of Treaty Settlements 29 October 2010 Departmental Protocols Relationship Agreement Memorandum of Understanding Statement from relevant Minister on interaction with iwi and how department will exercise specified functions, powers and duties Applies to operational departments Sets out processes, not outcomes Enforceable by way of judicial review Applies to advisory ministry MFE required to report biannually on local authorities performance regarding Treaty provisions How non-Crown agencies (e.g. District Councils) will interact with claimant group Minister for Treaty Negotiations will write to agencies encouraging them to enter into an MOU 4.Relationships Annual meetings with Ministry for the Environment to discuss RMA issues and performance of local authorities regarding Treaty provisions of RMA

Office of Treaty Settlements 29 October Other cultural redress aspirations Recognition of Ngati Whare’s kaitiaki status over the Whirinaki Forest Park joint governance role for Ngāti Whare and the East Coast Bay of Plenty Conservation Board in the development and joint approval of a Conservation Management Plan for the Whirinaki Forest Park Greater participation in conservation management involving public conservation land in area of interest Provides a joint- management role over the Whirinaki Forest Park creation of the Rangitaiki River Forum of equal iwi and elected council representatives purpose: to protect and enhance the health and wellbeing of the Rangitaiki River and its resources key task: the development and approval of a high level Rangitaiki River Document Greater participation in RMA decision making over rivers and waterways Co-governance of Natural resouces* *Ngati Manawa/Ngati Whare Conservation Management Plan** **Ngati Whare

Office of Treaty Settlements 29 October 2010 Next steps Hauraki Collective to provide aspirations for settlement including key sites of significance Crown to develop cultural redress offer Discussions continue on other cultural redress aspirations