MANIAPOTO MAORI TRUST BOARD

Transcription

1 TAKUTAI MOANA INFORMATION MANIAPOTO MAORI TRUST BOARD Stemming from the Foreshore and Seabed Act 2004 (repealed), the Marine and Coastal Area (Takutai Moana) Act 2011 was enacted amidst concerns that the Foreshore and Seabed Act had curtailed any interest Maori had in the Foreshore and Seabed. In 2003 the Court system allowed for the possibility of interests and rights being discussed, the Government however was swift in enacting the Foreshore and Seabed Act, which vested most of the Foreshore and Seabed into the Crown, with some parts of the coastline being held privately. This took any possibility of Maori interest in New Zealand s common marine and coastal area off the table. In 2011 the Marine and Coastal Area (Takutai Moana) Act was enacted in Parliament, which provides for the possibility of Maori interests being heard and considered in common marine and coastal area s via an application process. The interests that can be held are: Customary Marine Title Protected customary rights CUSTOMARY MARINE TITLE (CMT) This title cannot overlap but must be exclusive and means the title holder can (amongst other things) a) Own the non-nationalised minerals b) can veto / approve resource consents c) can veto / approve concessions If customary marine title is determined, customary marine title holders will have certain management rights that build on existing functions in natural resource legislation. CMT will give the holder the ability, with some exceptions, to prevent activities which require resource consents or permits PROTECTED CUSTOMARY RIGHTS (PCR) This recognition can overlap with others and it recognise a customary activity undertaken in a particular place. A protected customary right (PCR) may be granted for a customary activity such as collecting hāngi stones or launching waka etc A customary rights determination will confer some rights to customary marine title holders that will strengthen their role under the Resource Management Act 1991 and the Conservation Act CRITERIA Before customary marine title can be recognised applicants will need to meet a legal test that is set out in section 58 of the Act and requires that a group: o holds a defined area in accordance with tikanga (Māori custom), and o has exclusively used and occupied the area from 1840 until the present day without substantial interruption, or o Received it, at any time after 1840, through a customary transfer. WHAT HAPPENS IF APPLICATIONS FAIL AND/OR ARE NOT RECEIVED? These areas will be known as Common space where, no one will have ownership over it, or will be capable of owning it.

2 DETERMINATIONS MANIAPOTO MAORI TRUST BOARD The Minister for Treaty of Waitangi Negotiations will determine if customary marine title exists based on: o historical evidence from public records o traditional evidence from Māori o Information collected from the public. Customary marine title areas will still have free public access. The sole exception being some specified wāhi tapu sites that may require protection, eg sites of particular significance for their connection to ancestors and events associated with them, such as burial grounds. WHAT AREA IS REGARDED AS THE COMMON MARINE AND COASTAL AREA? The common marine and coastal area is the wet part of the beach that is covered by the ebb and flow of the tide, from the line of mean high water springs to the outer limits of the territorial sea (12 nautical miles from shore), or a defined area within this zone. NB: It does not include the dry parts of the beach, existing private titles or certain conservation areas. MANIAPOTO AREAS OF INTEREST From Te Raukumara in the North down to Waipingao Stream Kawhia Harbour and coastline RMC - 1

3 MANIAPOTO MAORI TRUST BOARD Coastline RMC - 3 Coastline RMC 6 Other interests The Kawhia Harbour may have other intrests shared by Ngati Apakura, Ngati Te Weehi. These will be discussed and settled before the application process. The coastline from the Mokau river to Waipingao maybe shared with Ngati Tama, this will be disccussed and decided upon well before the applications process. Parts of the Maniapoto coastline are in private hands, and/or are part of Maori Landblocks. These interests will be discussed with the land block owners. 1. WHAT DOES THE CROWN S APPLICATION PROCESS LOOK LIKE? The process for Crown recognition of customary rights is divided into three phases involving six Key Steps:

4 MANIAPOTO MAORI TRUST BOARD 1. PRE-ENGAGEMENT PHASE STEP 1: Applicant OTS 1. Group files an application under s95 (1) on or before 3 April 2017 receives and confirms application details assesses appointment and representation issues decides whether applicant has the authority to represent the group OTS notifies relevant local authority NO If an application is declined at this stage - Group may resubmit application or may apply to High Court - otherwise application proceeds to next step YES OTS responds with application requirements if not provided STEP 2: OTS 2. OTS undertakes preliminary appraisal of application Applicant Provides comments on preliminary appraisal OTS Briefs Minister on relevant factors including applicant's authority to represent and potential thrid party interests Ministerial Review Responsible Minister decides whether to proceed to formal engagement un s95 (3) No If an application is declined at this point, Group may resubmit application or may apply to High Court - otherwise application proceeds to next phase.

5 2. DETERMINATION PHASE: STEP 3: MANIAPOTO MAORI TRUST BOARD Yes 3. OTS and applicant group enter formal engagement Minister of Maori Affairs (MOMA) and Minister for Treaty of Waitangi Negotiations (MFTOWN) confirm the authority of the applicant group (Iwi, hapu or whanau) No ToE If an application is declined at this point, Group may resubmit application or may apply to High Court - otherwise application proceeds to next steps Responsible Minister and applicant group develop Terms of Engagement (ToE) Terms of Engagement signed and approved by MFTOWN STEP 4: CROWN 4. Determines if applicant meets test in Act s95(4) Evidence collection Applicant, Crown, 3rd parties OTS and applicant group prepare joint report and submissions Independent Assessor considers evidence - advises parties whether Crown could be satisfied s51 and/ or s58 are met Independent Assessor briefs Minister Minister makes decision. Crown satisfied applicant meets requirements in Act? No If an application is declined at this point, Group may resubmit application or may apply to High Court - otherwise application proceeds to final phase.

6 MANIAPOTO MAORI TRUST BOARD 3. FINALISATION PHASE STEP 5: CROWN and applicant group 5. Agreement is formalised Signing Applicant Group and Minister sign draft recognition agreement STEP 6: 6. Agreement is given effect under s96 or s98 Legislation Legislation: Customary Marine Title (CMT) Order in Council: Protected Cunstomary Rights (PCR) FINAL AGREEMENT Chief Executive of (Lands Information New Zealand) LINZ will enter agreement on an online register.