NEGOTIATIONS BETWEEN THE HAPŪ O TE WHĀNAU A APANUI AND THE CROWN

This page explains the direct negotiations between the hapu of Te Whanau a Apanui and the Crown. These discussions have been taking place since 2003, and have materialised in a Heads of Agreement being presented back to the iwi by negotiating representatives on the 28 February 2008.

This document is currently being considered by the hapu groups and a series of information hui are taking place within the tribal territory and throughout the country to talk about the contents of the Heads of Agreement.

The negotiations are still taking place. Negotiations are scheduled to conclude in the 3rd quarter of the year (June - September) with a Deed of Agreement being initialled by the negotiating representatives for presentation back the hapu groups for approval. No agreement will be entered into without the approval of the hapu of Te Whanau a Apanui, after recieving the Deed, considering it and engaging in internal tribal processes to discuss the agreement. This will take place from between July - September 2008.

Summary of the Heads of Agreement between the Hapu o te Whanau a Apanui and the Crown

Negotiations have now reached a point where the Crown and the hapu of Te Whanau a Apanui have agreed on the framework for the finalised Deed of Agreement and the instruments it will contain. This is set out in the Heads of Agreement.

The Heads of Agreement comprises two parts:

1. a letter to the hapu of Te Whanau a Apanui, signed by the Attorney-General and countersigned by the negotiating representatives for the hapu of Te Whanau a Apanui on Thursday 28 February. This letter notes the draft agreement reached to date and records next steps to reach a finalised Deed of Agreement; and
2. the draft Deed of Agreement outlining the nature, scope and extent of the instruments to be provided to the hapu of Te Whanau a Apanui that ratify the finalised Deed of Agreement. This draft Deed of Agreement will be the basis of the finalised Deed of Agreement.

The Heads of Agreement aims to:

• recognise the unbroken, inalienable and enduring mana of the hapu of Te Whanau a Apanui in relation to the public foreshore and seabed in their rohe, which is held and exercised as a collective right; and

• provide legal mechanisms that support the expression and protection of Te rohe mana moana o Te Whanau a Apanui both generally and in those specific areas where territorial customary rights are recognised.

The agreement describes eight instruments through which the mana of the hapu of Te Whanau a Apanui, in relation to the public foreshore and seabed in their rohe, would be recognised at law. These are:

1. Te Rohe Mana Moana o Te Whanau a Apanui Overlay: A Statutory Overlay that recognises the special status of the public foreshore and seabed to the hapu of Te Whanau a Apanui. It also ensures that this status is recorded in key public documents such as district and regional plans and statements and is taken account of in consent processes under the Resource Management Act and the Marine Reserves Act.

2. Te Kawenata Taiao (mo te rohe mana moana o Te Whanau a Apanui): An Environmental Covenant, which will ensure that statutory plans prepared and administered by Opotiki District Council and Environment Bay of Plenty conform to a statement by Te Whanau a Apanui on the sustainable management of natural and physical resources for the public foreshore and seabed in their rohe.

3. Nga Kawenata: Relationship Instruments between the hapu of Te Whanau a Apanui and a number of Ministers, which will set out how the hapu and the Ministers will interact. The Ministers are: The Minister of Fisheries, the Minister of Conservation, the Minister for the Environment, the Minister for Arts, Culture and Heritage and the Minister of Energy. The Crown will also encourage Opotiki District Council and Environment Bay of Plenty and Transit NZ to enter into relationship covenants with the hapu of Te Whanau a Apanui.

4. Nga Rekureihana Whakahaere Wahi Mahinga Kai Mataitai: A Fisheries Mechanism that will provide for the [management arrangements] to develop customary fisheries resource management plans and subsequent regulations (made by the Minister of Fisheries) to implement those plans and manage customary fisheries.

5. Te Ture Tiaki Wahi Tapu: A Wahi Tapu protection mechanism that will recognise the right of the hapu of Te Whanau a Apanui to restrict or prohibit access to wahi tapu and wahi tapu areas within the public foreshore and seabed in their rohe.

6. Ture Tiaki Whakahaere Tikanga: A Protected Customary Activities mechanism that will recognise the right of the hapu of Te Whanau a Apanui to continue carrying out specified customary activities without resource consent in or on the public foreshore and seabed in their rohe.

7. Nga Pouwhenua me nga Pou Tohutohu: A Pouwhenua instrument that recognise and suppor the rights of the hapu of Te Whanau a Apanui to erect Pouwhenua at culturally significant sites.

8. Nga Ingoa Tuturu: A Placenames instrument that will officially recognise traditional names or alter names of culturally significant areas.

Where specific territorial customary rights are recognised as part of this agreement the hapu signing this agreement will also have the following additional protections within those territorial customary rights areas:

• Te Mana mo te Whakaae i raro i te Ture: A Permission Right instrument that will provide the right to approve or withhold approval for any resource consent for activity that will or is likely to have a significant adverse effect on the relationship of the hapu with the environment in the territorial customary rights area.

• Te Mana Whakatau Paeroa: An extended Fisheries Mechanism that provides the signatories with the ability to make by-laws under customary fishing regulations. The bylaws may place restrictions on fishing within territorial customary rights areas, either to preserve sustainability or for cultural reasons such as following a death by drowning in the area.

• An extended Environmental Covenant, which gives the signatories the ability to ensure all statutory plans that cover a territorial customary rights area recognise and provide for the approach of the hapu to the sustainable management of physical and natural resources in that areas.

The Heads of Agreement outlines that only those hapu that choose to ratify the final Deed of Agreement will have their claims affected by the Deed and will benefit from the instruments described. Any hapu that choose not to ratify will not have their claims resolved.

What happens next?