Providing for Delivery of Obligations to Maori
This area includes reviewing delivery of Deed of Settlement obligations by the Ministry, and contributing to the settlement of the Crown's obligations to Maori in relation to historical Treaty claims and the foreshore and seabed.
Current projects:
Treaty Strategy Work Programme
The vision for the Fisheries Treaty Strategy is:
Tangata whenua and the Crown working in partnership to provide for the utilisation of fisheries resources while ensuring sustainability:
- having particular regard to Kaitiakitanga;
- with the Crown meeting its obligations to Maori.
The Treaty Strategy describes all the work the Ministry is doing to deliver on the obligations it has to Maori, in the context of the broader Treaty partnership and sustainable fisheries management. It encompasses the goals and plans that the Ministry has, the goals and plans of tangata whenua, and the goals and plans that the Ministry and tangata whenua have discussed and agreed together.
In July 2008, the Ministry released a paper to support a discussion with tangata whenua on how it could better deliver on one particular obligation - providing for their participation in fisheries management. It discussed this paper at hui around the country up until the end of March 2009.
Ministry decisions following the consultation focused on those matters addressed in the original discussion paper. After considering the variety of views expressed during consultation, the Ministry decided that its preference is to support:
- engagement processes which can bring together and integrate views representative of iwi and hapu commercial and non-commercial fisheries interests; and
- the development of tools which allow these integrated views to be better articulated and implemented in fisheries management.
During the consultation on input and participation tangata whenua raised a wide range of important Treaty partnership issues. The Ministry believes that these issues require further discussion and is in the process of developing a work programme to discuss these issues with iwi.
The letter explaining the decisions, which was sent to tangata whenua on 31 July 2009, is available for download here:
Download Letter (PDF 112KB)
The Ministry's internal paper analysing the results of the consultation and setting out the full range of decisions is available for download here:
Download MFish Internal Paper (PDF 525KB)
Treaty Settlements
The Ministry is an active participant in negotiations relating to the settlement of historical Treaty claims. The commitments provided for by the Ministry in the individual settlements are aimed at building the relationship between the claimant group and the Ministry, and assisting the Minister and Ministry to meet their obligations under section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. These obligations stipulate consultation with Maori about their use and management practices in exercising non-commercial fishing rights, and in the development of policies to help recognise these rights.
Fisheries redress provided for in individual Treaty settlements usually involves the issuing of a fisheries protocol. Fisheries protocols between iwi/hapu and the Ministry relate to the way the Ministry will interact with the iwi/hapu governance entity to enable them to provide input to and participate in Ministry processes such as the development of sustainability measures, research planning, contracting for services and the employment of staff with customary non-commercial fisheries responsibilities. The settlements do not extend the benefits of the 1992 Fisheries Deed of Settlement that settled all claims relating to fisheries. Rather, the protocols clarify the way that the Ministry will assist the iwi to be able to exercise their non-commercial fishing rights provided by the 1992 Fisheries Deed of Settlement.
The Minister has issued ten protocols to iwi groups to date:
- Ngati Ruanui (Taranaki) signed 2001
- Te Uri o Hau (Northland) signed 2002
- Ngati Tama (Taranaki) signed 2003
- Ngati Tuwharetoa (Bay of Plenty) signed 2005
- Ngaa Rauru Kiitahi (Taranaki) signed 2005
- Te Arawa lakes (Rotorua) signed 2006
- Ngati Mutunga (Taranaki) signed 1006
- Te Roroa (Northland) signed 2008
- Affiliate Te Arawa iwi and hapu (central North Island) signed 2009.
More information on the protocols and the settlement process is available on the Office of Treaty Settlements website http://www.ots.govt.nz/.
Foreshore and Seabed Negotiations
East Coast
On 31 October 2008, representatives of the Crown and those hapu of Ngati Porou that ratified the deed signed Nga Hapu o Ngati Porou Foreshore and Seabed Deed of Agreement. The Deed contains nine instruments that provide legal recognition and protection of the mana of nga hapu o Ngati Porou. Fisheries recognition includes:
- new fisheries regulations to recognise and provide for non-commercial customary food gathering, and the special relationship between tangata whenua and those places that are of special food gathering importance;
- provision in the regulations to allow rules to be proposed within Territorial Customary Rights Areas (areas of the public foreshore and seabed where the High Court has confirmed that the group would have had territorial customary rights if it was not owned by the Crown) based on their exclusive occupation and use of the area; and
- an instrument to enhance the relationship between the Ministry and the hapu of Ngati Porou.
Now that the Deed has been signed, representatives of nga hapu o Ngati Porou will file an application in the High Court for confirmation that the requirements for a finding by the Court under section 96 of the Foreshore and Seabed Act have been satisfied, pursuant to obligations set out in schedule 8 of the Deed. The Crown and representatives of nga hapu o Ngati Porou have agreed to extend the deadline for filing the application to 30 September 2009.
Legislation is needed to give effect to the signed Deed, and Nga Rohe Moana o Ngati Porou Bill was introduced to the House on 29 September 2008, and reinstated by the current Parliament on 9 December 2008. It is currently before the House awaiting its first reading.
Other Negotiations
The Crown's foreshore and seabed negotiations with Te Whanau a Apanui, Ngati Porou ki Hauraki, Te Rarawa and Ngati Pahauwera have been paused until a review of the Foreshore and Seabed Act is completed.
Following the general election in 2008, the government initiated a review of the Foreshore and Seabed Act to ascertain whether it adequately balances Maori customary interests and the rights and interests of all New Zealanders. It is expected that the review will be completed by the end of December 2009.
For more information about the review visit the Ministry of Justice website http://www2.justice.govt.nz/ministerial-review/.