Issue 5 Kaitiakitanga Particular issues of the District relating to the exercise of kaitiakitanga are:

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1 Sustainable management issue Maori resource management values The need to recognise and provide for Maori perspectives of resource management is a matter of national importance under the Act (section 6(e)). Such recognition is not simply limited to being aware of Maori cultural values but should extend, wherever appropriate, to taking active steps towards incorporating such values in managing the use, development or protection of resources. Consultation and dialogue between local government and tangata whenua is one of the key means to address this issue. This requires an open and positive approach by all parties, taken in good faith. Furthermore, it requires an active recognition of Maori values about the environment and natural resources, including the concept of kaitiakitanga (the guardianship of resources) and the protection of places and resources of traditional importance to tangata whenua. The aim in providing for Maori resource management values is to integrate kaitiakitanga into the management of the District s environment, to protect places and resources of special value to Maori, and to provide for and encourage active consultation with tangata whenua. The key issues for the District in relation to the recognition and provision for Maori resource management values are: (a) The relationship of tangata whenua with the natural and physical resources of the Hurunui District (including their ancestral lands, water, sites, waahi tapu and other taonga), may not be adequately recognised without regard to the concept of kaitiakitanga in the management of those resources. (b) It is necessary to have regard to the principles of the Treaty of Waitangi as they relate to resource management within the District, including the concept of partnership and the recognition of kawanatanga and rangatiratanga. Issue 5 Kaitiakitanga Particular issues of the District relating to the exercise of kaitiakitanga are: (a) There are sites of significance to tangata whenua within the District which could be damaged or destroyed if they are not formally identified or recognised through a system of consultation. (b) There is presently a lack of recognition of traditional and modern approaches of tangata whenua to the management of Hurunui s resources which does not honour the principle of partnership in the guardianship of the District s natural and physical resources. (c) Tangata whenua should be provided with opportunities to establish or develop marae, urupa, and residential housing within the District to meet their particular needs. In sustainably managing the natural and physical resources of the District, particular regard must be had to the concept of kaitiakitanga, which the Act defines as: The exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship. Kaitiakitanga is the embodiment of Maori aspirations and perceptions of the environment and the resources it contains. Thus, the recognition of kaitiakitanga is an important means of recognising the relationship of tangata whenua and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. The resource management strategy should acknowledge that the exercise of kaitiakitanga in the District will depend on the particular resources and places of 7/12/2006 Maori resource management values 031

2 traditional importance to tangata whenua, as well as the particular manner in which tangata whenua wish to protect and manage those resources. Objective 5 The integration of kaitiakitanga, as held by tangata whenua, into the sustainable management of the District s natural and physical resources. Policies Policy 5.1 To recognise and provide for the relationship of tangata whenua and their culture and traditions with their ancestral lands, water sites, waahi tapu, and other taonga. Policy 5.1 is to be implemented through: Consultation with the liaison person representing local runanga Establishing a protocol to deal with tangata whenua matters Taking cognisance of the views of local runanga in the resource consent process District Plan rules to protect any sites of importance to tangata whenua (refer to the rules in Sections A7 Natural Environment (including Appendices A7.1 and A7.2), Section A8 - Heritage (including Appendices A8.1 and A8.2 and Rule A8.2.2), Section B2 Coastal Environment, B3 Hurunui Lakes and B5 Mt Lyford) Promote among land-owners and land-users awareness of tangata whenua values associated with the land, water and natural environment to promote sound land use practices to avoid, remedy or mitigate adverse effects of land use on such values Taonga refers to any prized possession or resource, and can include a wide range of things, including non-physical resources such as language. The requirements of section 6(e) of the Act imposes a significant obligation on the Council to recognise and provide for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. Policy 8.8 refers to Council s intention to protect and preserve features of special significance to tangata whenua. The implementation of Policy 5.1 will assist the Council in its implementation of Policy 8.8 by, for example, identifying taonga which have spiritual and historical values, such as pa, whenua tapu (burial grounds), tauranga waka (canoe landing sites) and cultural materials such as raupo. In addition, the Council will consult with local runanga in the preparation and review of its resource management policies, in line with an established protocol in relation to dealing with Maori issues, and will require adequate consultation be undertaken in respect of resource consent applications which may affect resources of value to tangata whenua. 032 Management strategy Part 1 7/12/2006

3 Policy 5.2 To recognise and provide for the traditional approaches to resource management practised by tangata whenua. Policy 5.2 is to be implemented through: Consultation with the liaison person representing local runanga Establishing a protocol to deal with tangata whenua issues In having regard to the concept of kaitiakitanga, provision will be made for the use of traditional means of managing resources and the environment. These include the practice of rahui (a restriction over a particular resource such as to conserve a food source), and tapu (setting apart or making sacred a certain area). The Council will consult with tangata whenua in line with an established protocol to determine where these methods are appropriate, and how they may be implemented with the assistance of Council. In addition, the Council, with the support of local runanga, will also give consideration to the adaptation of these methods to use in other, non-traditional, areas of resource management such as sustainable agriculture and sustainable harvesting of cultural materials such as raupo (reed). In respect of customary use of natural resources the Council acknowledges that this can place pressure on some species. Any customary use should be managed in such a way as not to deplete resources. Policy 5.3 To encourage tangata whenua participation in the development and implementation of resource management policy and plans. Policy 5.4 To recognise management plans prepared by iwi authorities. Policies 5.3 and 5.4 are to be implemented through: Consultation with tangata whenua to determine and establish the most appropriate means of on-going input into policy-making Establishing a protocol to deal with tangata whenua issues The recognition of iwi management plans in policy preparation and the resource consent process So that the particular needs of tangata whenua can be realised in the management of the District s resources, it is important that local runanga have input into formulating resource management policies and plans. The Act requires the recognition of management plans prepared by iwi authorities. Such documents can be effective methods of translating iwi values and desires for resource management into recognised and powerful tools for influencing the management of the District s natural and physical resources. Ngai Tahu have already prepared a resource management plan of Canterbury, entitled Te Whakatau Kaupapa. The objectives of this document have been 7/12/2006 Maori resource management values 033

4 considered in the formulation and implementation of these District Plan objectives and policies. The Council will support the preparation of any other such documents that may be prepared in the future, particularly pertaining to the Hurunui District, such as iwi management plans. The Council will also work with tangata whenua, in line with an established protocol, to determine the most appropriate means of providing on-going input into policy-making and the resource consent process. Policy 5.5 To provide for the establishment of papakainga, papatipu marae and urupa. Policy 5.5 is to be implemented through: Consultation with the liaison person representing local runanga Fundamental consideration in the exercise of kaitiakitanga is the desire of Maori to manage, control and develop their resources in accordance with their own cultural preferences, and for such development to be recognised and provided for in the District Plan. Providing for the establishment of papakainga and papatipu marae (marae on Maori land) in the District Plan is one important way in which local iwi can achieve their particular settlement requirements. Anticipated environmental results The implementation of these policies and methods is anticipated to have the following environmental results: The protection and enhancement of taonga of importance to tangata whenua as appropriate to their needs and values The use of traditional tangata whenua approaches in the management of the District s natural and physical resources The ability for tangata whenua to develop and use the District s natural and physical resources in accordance with traditional values and customs Monitoring and review procedures Matter to monitor Information to be gathered Information source Review period Consultation meetings Number of meetings Council record Annual Changes to policies, resource consents, documents and processes due to consultation Register of places of significance to tangata whenua Resources of value to tangata whenua Consultation Any additions and deletions Council records Annual Annual or as initiated 034 Management strategy Part 1 7/12/2006

5 Issue 6 Principles of the Treaty of Waitangi Recognition of the principles of the Treaty of Waitangi is central to the manner in which the District s resources are to be managed. Section 8 of the Resource Management Act requires that the principles of the Treaty be taken into account in effecting the purpose of the Act. These principles are not explicitly defined in the Act; the nature of their implementation will vary depending upon the special needs of the tangata whenua within each district. A key aspect though, is the concept of a partnership between Pakeha and Maori and recognition of kawanatanga and rangatiratanga. The interpretation and understanding of these principles and the relationship between the Treaty partners is one that is continually evolving within the District. Objective 6 The recognition and implementation of the principles of the Treaty of Waitangi in the sustainable management of the District s natural and physical resources. Policies Policy 6.1 To promote awareness of the principles of the Treaty of Waitangi amongst those responsible for resource management in the District and within the community generally. Policy 6.1 shall be implemented through: Consultation with local runanga The provision of information and advice, including the development of a protocol for all Council employees which assists in the understanding of the principles of the Treaty of Waitangi Consultation with the local runanga on the principles of the Treaty will include the exchange of sufficient information and the provision of enough time in which to achieve genuine results. In order to ensure that the principles are generally understood by the community, awareness of the principles of the Treaty will be promoted amongst agencies responsible for resource management in the District, including the Council and the public. Policy 6.2 To recognise the principle of partnership in decision-making on the use, development and protection of the District s natural and physical resources. Policy 6.2 shall be implemented through: Consultation with a representative of the local runanga on a regular basis 7/12/2006 Maori resource management values 035

6 One of the key principles of the Treaty is the notion of partnership that tangata whenua and the Crown must work together over matters of mutual concern such as the management of natural and physical resources. The Council, as a representative of the Crown at the local level, shall take into account this notion of partnership in the exercise of its resource management functions and powers under the Act. True partnership should involve the recognition by each partner of the other s respective role, abilities and jurisdiction. Often this may mean consultation, each partner listening to and discussing an issue with the other. In order to achieve meaningful consultation with relation to the principles of the Treaty sufficient information, time and a commitment to dealing with the outcomes of consultation are required. At other times, however, it may mean deferring to the other when an issue is more appropriately in the realm of that partner to resolve. It may also mean that a joint decision needs to be reached. The nature of the involvement of each partner will vary according to circumstances, including the particular issues at stake, and the processes used to make decisions. Local runanga still have only limited access to resources to participate in this process. Cost-effective ways of achieving tangata whenua involvement in decision-making and policy development and ensuring sufficient time is allowed for appropriate participation, will be the key outcomes of this policy. Anticipated environmental results The implementation of these policies and methods is anticipated to have the following environmental results: Demonstration of the exercise of partnership in the management of the District s natural and physical resources Tangata whenua involvement in decision-making and policy development Monitoring and review procedures Matter to monitor Information to be gathered Information source Review period Consultation meetings Number of meetings Council records Annual Changes to policies, documents and processes due to consultation Issues of significance to tangata whenua Consultation Annual or as initiated Policies within the Management Strategy relating to the Treaty Any matters arising from their implementation District Plan As initiated 036 Management strategy Part 1 7/12/2006