He Kupu Whakamāhukihuki / Explanation

The importance of engaging with the appropriate Papatipu Rūnanga on resource management matters is an issue of significance for tāngata whenua. While the Mahaanui IMP is a collective plan, it does not replace the need to work with the tāngata whenua who hold manawhenua on issues within their individual takiwā. Manawhenua is determined by whakapapa, and confers traditional customary authority over an area. Once acquired, manawhenua is secured and maintained by ahi kā, or continued occupation and resource use.

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Each Papatipu Rūnanga has their own respective takiwā, and each is responsible for protecting the tribal interests in their respective takiwā, not only on their own behalf of their own hapū, but again on behalf of the entire tribe. The Te Rūnanga o Ngāi Tahu Act 1996 and the NTCSA 1998 give recognition to the status of Papatipu Rūnanga as kaitiaki and manawhenua of the natural resources within their takiwā boundaries. The Te Rūnanga o Ngāi Tahu (Declaration of Membership Act) Order 2001 sets out the takiwā boundaries of the six Papatipu Rūnanga preparing this IMP. Further information on the traditional takiwā of each of the six hapū is found in Part 3 of this plan (Manawhenua).

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He Kupu Whakamāhukihuki / Explanation

Te Tiriti o Waitangi (the Treaty of Waitangi) was signed by Ngāi Tahu rangatira in 1840 at Akaroa (May 30), Ruapuke Island (June 9, 10) and Ōtākou (June 13), marking the beginning of what is today recognised as a partnership between the iwi and the Crown. Ngāi Tahu signed the Treaty document written in Māori, as did the majority of other Māori rangatira signatories. This granted ‘te kawanatanga katoa’ (governorship of their lands) to the Queen (Article One), guaranteed ‘te tino rangatiratanga’ (the unqualified exercise of chieftainship) of Māori over their lands, settlements and taonga (Article Two), and promised equity for Māori and European settlers (Article Three), and peace for all.

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Only 39 rangatira (of over 500) signed the second English version of the document. Differences between the two texts contributed to different understandings of Te Tiriti, and to a debate over interpretation that has continued from 1840 to the present. The legacy of post-Treaty land sales and confiscation and the loss of access to resources (and the ability to manage those resources for sustenance and economic purposes), is an underlying driver of the issues and policy in this IMP. “… the Treaty is always speaking, and it becomes not less but more significant as we go into the future.”(Te Whakatau Kaupapa 1990:4-2). The RMA 1991 requires all persons exercising functions under that act to take into account the principles of the Treaty of Waitangi. The Local Government Act 2002 requires local authorities to provide opportunities for Māori to participate in decision-making processes in recognition of the Crown’s responsibility to take appropriate account of the principles of the Treaty. The Conservation Act 1987 must be interpreted and administered as to give effect to the principles of the Treaty. Other legislation such as the Hazardous Substances and New Organisms Act 1996, Historic Places Act 1993 and Ngāi Tahu Settlement Act 1998 also place responsibilities on local authorities to recognise the Treaty. In Canterbury, there are differences in the way that the various local authorities have responded to their Treaty responsibilities, and in their approach to relationships with Ngāi Tahu. The degree of Ngāi Tahu participation in regional planning and decision-making processes can vary considerably between the six rūnanga, five councils, and the many council and government departments. The lack of understanding of Treaty issues, and inadequate policy and processes within government agencies and local authorities to address Treaty obligations, are key issues identified by Papatipu Rūnanga. The very fact that the RMA 64 instructs decision makers to ‘take into account’ the Treaty, rather than ‘recognise and provide for’, or ‘give effect to’, illustrates the sometimes peripheral status of Te Tiriti. For the Papatipu Rūnanga preparing this IMP, it is not sufficient to ‘take into account’ the principles of the Treaty of Waitangi. Rather, the Treaty should define the relationship between Ngāi Tahu and the Crown, and also local government. It is through giving effect to the Treaty that local government can recognise and provide for the relationship of Ngāi Tahu with natural resources (RMA s. 6 (e)) as a matter of regional importance, and that manawhenua can fully exercise kaitiakitanga rights and responsibilities. The Treaty provides a basis for working together and protection for things important to Ngāi Tahu, o ratou taonga katoa.3 It acknowledges the interests of Ngāi Tahu in achieving the sustainable management of natural resources in the region, and provides a framework for working together in good faith and partnership.

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He Kupu Whakamāhukihuki / Explanation

Section 7 (a) of the RMA 1991 requires decision makers to have particular regard to kaitiakitanga. For tāngata whenua this means working together in the spirit of partnership. Partnership extends beyond consultation: it requires the meaningful engagement of tāngata whenua in decision making processes and the achievement of outcomes that reflect tāngata whenua contributions to those processes and are aligned with Ngāi Tahu values and interests. The Waitangi Tribunal’s recent report on the Wai 262 claim presents key findings on kaitiakitanga and the RMA 1991. Ko Aotearoa Tēnei: A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity (2011) concludes that current resource management laws and policy do not support kaitiaki relationships to the degree required by the Treaty. The report identifies the opportunity for reform to both strengthen Māori culture and identity, and also add greater depth to environmental decision making through the meaningful recognition of Māori knowledge and values. The report also identifies the need to increase the recognition and weighting of IMP in local government processes (See Implementing this IMP).

He Kupu Whakamāhukihuki / Explanation

The exercise of kaitiakitanga is enhanced through working alongside local government, central government (e.g. Historic Places Trust) and the wider community. As tāngata whenua, Ngāi Tahu can bring the community together under a common kaupapa: a healthy environment as the basis for a healthy community and economy. Te Roto o Wairewa and Te Waihora are examples of where Ngāi Tahu has taken a leadership role to bring stakeholders together to address lake health; building up a network of expertise with people who are willing to work together to rehabilitate these important sites.

He Kupu Whakamāhukihuki / Explanation

One of the unique strengths that Ngāi Tahu can offer is the commitment to long term intergenerational investment in the land, environment and community. Different from many other organisations and businesses, Ngāi Tahu have the ability to set goals based on the cultural well-being of future generations ( mō tātou, ā, mō kā uri ā muri ake nei), rather than only financial performance. Tāngata whenua seek to achieve best practice, “and then one step more”. Whether it is residential property developments, tourism ventures, dairy farms, indigenous biodiversity restoration projects or the construction of a permanent lake opening outlet, tāngata whenua want to see Ngāi Tahu lead the way and imprint the mana of Ngāi Tahu on the landscape by setting an example of environmental, cultural, and economic innovation and sustainability. “We want Wairewa to be the most influential in decision making for our takiwā. We need to be instrumental and influence the decisions that are going to made in going forward. We want to see Wairewa leading the way”. Robin Wybrow, Wairewa Rūnanga.

He Kupu Whakamāhukihuki / Explanation

Papatipu Rūnanga are committed to building their capacity to engage with local government to realise kaitiakitanga objectives and aspirations. The formation of the Rūnanga based environmental consultancy is one way that Rūnanga have addressed capacity issues, ensuring that tāngata whenua contributions and advice into local government planning processes is appropriately resourced. Both Te Rūnanga o Ngāi Tahu and local authorities have a role in building the capacity of Papatipu Rūnanga to effectively participate in natural resource management processes. The Te Rūnanga o Ngāi Tahu Act 1996 recognises the status of Papatipu Rūnanga as kaitiaki of the natural resources within their takiwā. The Local Government Act 2002 requires local government to assist Māori to build capacity to contribute to decision making.