1. RONGOWHAKAATA TAKUTAI MOANA CUSTOMARY RIGHTS EVIDENCE GATHERING
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TAKUTAI MOANA CUSTOMARY RIGHTS
EVIDENCE GATHERING

2. CONTENTS KAUPAPA NGA MIHI What is the Takutai Moana Act 2011
Where are the Takutai Moana Claims application areas
How to help gather evidence that supports the mana moana claims of Rongowhakaata
KAUPAPA
How do we protect the mana moana interest of Rongowhakaata?

3. High Court Application
BACKGROUND
High Court Application
In March of this year the Rongowhakaata Iwi Trust on behalf of Rongowhakaata Iwi, apply to court for recognition orders of:
Customary Marine Title;
Protected Customary Rights; and
Wahi Tapu Protection in the application area which is Te Kowhai to Pouawa: (see next slide)

5. What is the Takutai Moana Act 2011?
Te Takutai Moana (Marine and Coastal Area) Act 2011 provides a way for Rongowhakaata to get legal recognition of their customary rights in te takutai moana (the marine and coastal area), either by High Court order and/or through agreement with the Crown. 

6. So what is Takutai Moana?
Takutai Moana Act 2011
So what is Takutai Moana?
Takutai moana starts from the mean (average) high-tide mark, and ending 12 nautical miles out to sea. It includes the wet part of the beach, and the seabed up to 12 nautical miles out. It also includes the beds of rivers, going upstream from the river mouth for a distance that is five times the width of the river mouth, but not more than 1 kilometre upstream.

8. What are Customary Recognition Rights?
The Takutai Moana Act would allow Rongowhakaata to gain recognition of two kinds of rights:
“customary marine title”, which allows some elements of ownership and possession, and includes wahi tapu protection” and
“protected customary rights”, which is about use and activities.

9. What is Customary Marine Title?
“Customary marine title” is similar to ownership and possession but in this case the rights it gives are restricted..in other words what you cant do is “sell the area or exclude the New Zealand public”. .

10. What would Customary Marine Title allow Rongowhakaata to do?
“the right to give or refuse permission for activities by others that need resource consents or permits
ownership rights over minerals other than petroleum, gold, silver and uranium
ownership rights over taonga tūturu found in the area
the right to be consulted when someone applies for a marine mammal watching permit”. .

11. How do we prove Customary Marine Title?
To prove that we have customary marine title that should be recognised, Rongowhakaata must have had the exclusive use and occupation of the area since without any substantial interruption, and must have held it in accordance with tikanga.

12. What are Protected Customary Rights?
“Protected customary rights” are activities and uses that are conducted according to tikanga – for example, launching waka or recovering beached whales.. the activity or use must have a physical component involving a natural or physical resource.

13. How do we prove Protected Customary Rights?
To show that we have customary rights that should be protected, Rongowhakaata would need to show that the particular uses and activities have existed continuously since 1840.

14. What would Protected Customary Rights allow Rongowhakaata to do?
So what happens should out PCR be recognised?
Once protected customary rights are recognised Rongowhakaata can do those things which normally required a resource consent from local councils. However, local councils can’t give resource consents for any activities that would affect our protected activities in any significant way, unless we agree. .

15. Protection of Wāhi Tapu and Wāhi Tapu areas
WAHI TAPU PROTECTION
Protection of Wāhi Tapu and Wāhi Tapu areas
Rongowhakaata seek to include recognition of a wāhi tapu or a wāhi tapu area—
(a) in a customary marine title order; or
(b) in an agreement .

16. Wāhi tapu conditions WAHI TAPU PROTECTION
The wāhi tapu conditions described in a customary marine title order or an agreement must show -
(a) the location of the wāhi tapu area;
(b) the prohibitions or restrictions that will apply, reasons for them; and
(c) exemption for individuals to carry out a protected customary right in the vicinity of, the protected wāhi tapu area.

17. Where are the Takutai Moana Claims Areas?

21. The next slide gives a view of the overlapping areas

23. FACT
That the Takutai Moana claims of Te Runanga o Ngati Porou, Ngati Oneone and Tamanuhiri overlap those of Rongowhakaata on both sides.

24. FACT
That Rongowhakaata need to gather evidence to support our Takutai Moana claim that our mana moana extends from Te Kowhai in the south to Pouawa in the north

25. HOW CAN YOU AWHI RONGOWHAKAATA CLAIMS THAT WE HOLD MANA MOANA FROM TE KOWHAI TO POUAWA?

26. GATHERING EVIDENCE What type of evidence:
Purakau, waiata, personal stories, video, photo
It can be either:
Written, Oral or both
I can interview - Kanohi ki te Kanohi:
Individual and/or Group
or - Online:
SKYPE
ZOOM

27. CONTACT DETAILS Moananui Rameka trust@Rongowhakaata.iwi.nz
RIT Office:
Ce Cell Phone:

28. Nga mihinui kia koutou mo ou awhi me tautoko hoki
RONGOWHAKAATA
TAKUTAI MOANA CUSTOMARY RIGHTS
EVIDENCE GATHERING