On this page:
- Statutory Overlay
- Environmental Covenant
- Conservation Mechanism
- Relationship Instruments
- Fisheries Mechanism
- Wahi Tapu Protection
- Protected Customary Activites
- Pouwhenua Instruments
- Place Names Instruments
The special status of the foreshore and seabed to nga hapu o Ngati Porou will be recorded in key public documents, such as district and regional plans and statements. The Overlay also requires that this status is taken account of in consent processes under the Resource Management Act and the Heritage New Zealand Pouhere Taonga Act.
Hapu will be entitled to receive notice of, and participate in, any applications for resource consent or proposals to establish marine reserves.
This document will be prepared by nga hapu o Ngati Porou and will operate in conjunction with the Statutory Overlay. It will set out the issues, objectives, policies and rules or other methods for the sustainable management of the natural and physical resources within their rohe. Gisborne District Council will be required to take into account the Environmental Covenant in its plans and decisions (a higher standard will apply where CMTs are proven).
This provides for recognition of the interests of nga hapu in conservation proposals and applications, such as the establishment of marine reserves, conservation protected areas, and marine mammal sanctuaries. Where such proposals or applications are being considered, the Minister of Conservation will be required to seek the views of hapu and have particular regard to these views. The Minister of Conservation will also be required to seek the views of nga hapu and have particular regard to these views in relation to the management of stranded marine mammals and when considering applications for marine mammal-watching permits. The Conservation Mechanism will enable nga hapu o Ngati Porou to possess wildlife and marine mammal matter without a permit (as currently required under law). Nga hapu will also have the right of first refusal to possess wildlife and marine mammal matter held by the Director-General of Conservation.
These will set out how hapu and specific Ministers and their departments will interact on various issues. The Ministers with whom relationship agreements will be signed are the Minister for Primary Industries, the Minister of Conservation, the Minister for the Environment, the Minister for Arts, Culture and Heritage, and the Minister of Energy and Resources. The Whakamana Accord will be amended to include, at the annual meetings between Ngati Porou and Ministers, matters of mutual concern relating to the coastal marine area. The Crown will also encourage Gisborne District Council and the New Zealand Transport Agency to enter into relationship covenants with nga hapu o Ngati Porou.
This will enable hapu fisheries management committees to develop customary fishing regulations (that will be made by the relevant Minister on the recommendation of the committees), to implement fisheries management plans, and manage customary fisheries. The committees will be able to issue permits for customary fishing through a written or oral permitting system. Any person exercising functions under the Fisheries Act will need to recognise and provide for the customary fisheries management plans.
In the amended Deed, the Fisheries Mechanism has been amended as follows:
- allow for possible extension of the fishing regulations beyond the common marine and coastal area into both internal waterways and into the EEZ;
- increase the period to prepare the fishing regulations from 60 working days to 12 months;
- provide for each set of management arrangements to be the fisheries management committee for that area;
- reduce the frequency of reporting for fisheries management committees from quarterly to annually; and
- allow for fishing regulations to be made under the Fisheries Act or the new Nga Rohe Moana o Nga Hapu o Ngati Porou legislation to be enacted.
This will give nga hapu o Ngati Porou the right to restrict or prohibit access to wahi tapu and wahi tapu areas within the foreshore and seabed in their rohe where the Minister or High Court agrees an area is wahi tapu. The amended Deed also provides for nga hapu to police these restrictions or prohibitions and it will be an offence (with a maximum penalty of a $5,000.00 fine) if those restrictions or prohibitions are breached.
This mechanism will allow nga hapu o Ngati Porou the right to continue carrying out specified customary activities in or on the foreshore and seabed in their rohe without resource consent. These are activities that would otherwise require a resource consent, even if these activities are currently carried out without one. Hapu will be able to determine who can carry out these activities. Unless the relevant hapu gives its consent, Gisborne District Council will be unable to grant a resource consent to an activity that will, or is likely to, have a significant adverse effect on a protected customary activity.
In the amended Deed, the Protected Customary Activities and Wahi Tapu instruments have been amended to apply the more favourable tests in the Marine and Coastal Area Act and to provide for a two year window for hapu to go to the High Court for these instruments. Both of these instruments have also been amended regarding notice obligations to officials like Ministers, the Registrar of the High Court, and the Chief Executive of Land Information New Zealand. There are no new or additional obligations on nga hapu.
This gives the hapu of Ngati Porou the right to erect pouwhenua at culturally significant sites and requires the Minister for Primary Industries and the Minister of Conservation to obtain the agreement of hapu before erecting other pouwhenua or signage.
This confirms the change in two official place names to recognise the traditional names of these culturally significant areas. The two name changes are Whangaokeno/East Island and Wharekahika/Hicks Bay.