TE RUNANGA O NGATI HINE SUBMISSION ON THE MARINE AND COASTAL AREA (TAKUTAI MOANA) BILL TO THE MAORI AFFAIRS COMMITTEE

Transcription

1 TE RUNANGA O NGATI HINE SUBMISSION ON THE MARINE AND COASTAL AREA (TAKUTAI MOANA) BILL TO THE MAORI AFFAIRS COMMITTEE Ma Ngati Hine ano Ngati Hine e korero ma roto i te whanaungatanga me te kotahitanga Self determination through kinship and unity

2 TO Committee Secretariat Maori Affairs Freepost PO Box 180 Wellington 6140 November 2010 Name: Te Waihoroi Shortland Address: Te Runanga O Ngati Hine Te Maara a Hineamaru PO Box 36 Kawakawa 0291

3 1. INTRODUCTION. 1.1 This submission is made by Te Maara a Hineamaru (formerly known as Te Runanga o Ngati Hine) on the Marine and Coastal Area (Takutai Moana) Bill. Te Maara a Hineamaru has a six weekly schedule of meetings held on various marae throughout Ngati Hine to make governance decisions relating to Ngati Hine business. The vision statement of Te Maara a Hineamaru for Ngati Hine is Ma Ngati Hine ano Ngati Hine e korero ma roto i te whanaungatanga me te kotahitanga Self determination through kinship and unity KO TE IWI O NGATI HINE. Ko Hineamaru te tupuna Ko Taumarere te awa Ko Ngati Hine tona hapu Ka papā te whatitiri, ka hikohiko te uira, kahukura ki te rangi, he ai tū ka riri, rongomai ka hē. Ko ngunguru, ko ngāngana, ko aparangi, ko te titi o te rua, ko te tao whakawahine. Ko te motumotu o te riri, Ko te awa o nga rangatira, Taumarere herehere i te riri Te puna i Keteriki, te rere i Tīria E tu atu nei Ngāti Hine pukepuke rau Ti-hewā mauri ora!!!

4 1.2 Ko Hineamaru te pou hei herenga, hei pupuri hoki i te tikanga i nga uri o Hineamaru, mo te whenua papatupu apiti iho ko te whakakotahitanga i nga uri o Hineamaru (Maihi Kawiti). 1.3 Hineamaru, the tupuna, was a leader of great mana. In her youth she took part in a great journey from the Hokianga to the Bay of Islands. It was Hineamaru who discovered the Waiomio Valley which became the cradle of Ngati Hine. Hineamaru was the first born of Hauhaua and Torongare. Hineamaru led expeditions through the Waiomio valley and along the south banks of the Taumarere River to the pipi banks and fishing grounds of the southern Bay of Islands. Hineamaru was married to Koperu of Ngati Tu, whom she met at his home at Te Wharau on the shore of the Taumarere Inlet. Ngati Hine Pukepukerau, he puke he rangatira 1.4 Traditionally this pepeha referred to chiefs of Ngati Hine and in this sense it refers to our descent from Hineamaru from whom, through the principles of Mana Tupuna, we derive our ancestral hereditary rights and by whom, through the principles of whanaungatanga, we are united. 1.5 Ngati Hine s occupation of our land has never been seriously challenged during the 400 years since Hineamaru s time. Apart from the geographical advantages of the terrain, we have had able warriors in every generation ready to defend it. These warrior leaders, commencing with Moeahu, followed by Hingatuauru and Pongia, and ending five generations later with Kawiti, all possessed extraordinary qualities of leadership, daring and wisdom. He take ringa kaha.

5 2. KO NGA HAPU O NGATI HINE: 2.1 Ngati Te Rino, Te Orewai, Ngati Ngaherehere, Te Kau-i-mua, Ngati Kopaki, Ngati Te Ara, Ngati Hine, Te Kahu o Torongare, Ngati Te Tarawa while not exclusive, are all hapu of Ngati Hine. 3. TE ROHE O NGATI HINE: I rohetia e Maihi Kawiti i tenei takiwa hei Rohe Tangata mo Ngati Hine i te tau 1873: 3.1 Hikurangi titiro ki Pouerua, Pouerua titiro ki Rakaumangamanga, Rakaumangamanga titiro ki Manaia, Manaia titiro ki Whatitiri, Whatitiri titiro ki Tutemoe, Tutemoe titiro ki te Tarai o Rahiri, Te Tarai o Rahiri titiro ki Hikurangi ki nga Kiekie whawhanui a Uenuku.

6 3.2 In identifying its tribal area, Ngati Hine has named all natural features and resources within our rohe. These names tell of the relationship our tupuna forged with every stream, hill, wetland, path, nook and cranny. The history behind these names provides us with a legacy of the nature of the close relationship between tangata and whenua and the lengths our tupuna went to, to protect that. 4.1 The enactment of the Foreshore and Seabed Act 2004 extinguished any and all rights that Maori and indeed Ngati Hine held over the takutai moana within our traditional boundaries where we have exercised mana i te whenua and mana i te moana since the time of our tupuna

7 Hineamaru. The Act vested ownership of the takutai moana in the Crown which Ngati Hine firmly believes and understands is a breach of Article II of Te Tiriti o Waitangi that guarantees Ngati Hine protection of it s taonga, including fisheries and lands. The Act did not recognise Ngati Hine s rangatiratanga and our status as tangata whenua. The Act was discriminatory toward Maori in general and was a fundamental breach of human rights as outlined in a number of Human Rights Conventions such as the International Convention on the Elimination of all Forms of Racial Discrimination and the newly signed Declaration of the Rights of Indigenous People (DRIP). Ngati Hine has always supported that the Act should be repealed based on the following grounds: 1. The Foreshore and Seabed Act 2004 extinguished Ngati Hine s property rights without adequate consent or compensation which is a breach of Te Tiriti o Waitangi and discriminates against Ngati Hine and other hapu and iwi; 2. Ngati Hine together with hapu and iwi, were deprived access to the judicial processes relating to the land. 3. The Act threatens Ngati Hine s mana i te moana and mana i te whenua and our ability to enhance and protect our cultural and spiritual connection with the rohe; 4. The government did not properly consult with Maori and Ngati Hine when they created the Foreshore and Seabed Act; 5. The rules and processes used in the Act to establish Territorial Customary Rights Orders (TCRs) and Customary Rights Orders (CROs) are unfair, unworkable and ineffective.

8 5. NATURE OF RIGHTS OF NGATI HINE IN THE FORESHORE AND SEABED. 5.1 The tribal landscape for Ngati Hine is inland as well as a coastal, with rivers that run into the Bay of Islands, Whangarei harbour and the Kaipara. Ngati Hine s rights to the takutai moana derive from atua and our tupuna and our continual use of mana i te moana and mana i te whenua over our traditional areas, our exclusive occupation, pa sites and wahi tapu and extensive oral histories as well as close whakapapa connections with our neighbouring hapu. Guiding environmental values and principles that reflect the rights of Te Maara o Hineamaru are: Principle 1 Nga Atua: the interconnections/whakapapa of each Kaitiaki. Without Nga Atua you have no resource. Principle 2 Mauri: the integrity of all resources. Principle 3 Kaitiakitanga: the body of knowledge/wisdom for guardianship and custodianship relating to all things Maori. Principle 4 Taonga: all the treasures created on earth. Principle 5 Tikanga: the practice of the policies, procedures and processes for implementation. 5.2 The takutai moana is a taonga which provides Ngati Hine with a healthy and if managed properly, sustainable food source. As kaitiaki over our areas, we have a spiritual connection with the takutai moana and hold the cultural knowledge specific to those areas with a pool of highly skilled people to manage and protect these areas for future generations however, through government legislation and management we are unable to sufficiently assert our mana i te whenua and mana i te moana, exercise kaitiakitanga as our tupuna before us did. The good

9 health of the resources and Ngati Hine s ability to exercise its inherent rights of mana i te moana and mana i te whenua, is an essential part in our physical survival, social organisation, cultures, traditions, languages, spirituality, sovereignty and total economic environmental identity; that is integral to our Ngati Hinetanga. 5.3 Ngati Hine has always allowed access to the public to our coastal areas. We merely expect that reasonable rules and conditions are adhered to to ensure the protection of land owners security and the health and safety of people crossing our lands, however we do note that there are many areas around Northland where access is denied by non-maori property owners through gated communities and expressions of personal property rights. 6. THE MARINE AND COASTAL AREA (TAKUTAI MOANA) BILL. 1. The Bill claims to restore and give legal expression to any customary interests that were extinguished by the F&S The F&S Act extinguished common law aboriginal title and this new Act does not reintroduce that, rather it creates a new common marine and coastal area over which the management ultimately lies with the Minister of Conservation. 2. The Purpose of the Bill is to recognise the mana tuku iho exercised in the marine and coastal area by iwi and hapu as tangata whenua and provide for the exercise of customary interests However this mana tuku iho and exercise of customary interests will only be afforded to applicant groups who have proven their rights through the courts. 3. The Bill does not include land in freehold title (including Maori freehold land, Maori reservations), nor Crown land This is a discriminatory part to the Bill whereby only Maori customary land is subject to this Bill and the 30% of the takutai in freehold title is excluded. Hon. Chris Finlayson stated on September 9 th 2010 in Parliament that, two wrongs do not make a right and that by removing the rights of landowners who have freehold title simply creates another injustice. 4. In order to take account of the Treaty of Waitangi (te Tiriti o Waitangi), the Bill recognises and promotes the exercise of customary interests of Maori.

10 Take into account is less than the Conservation Act which requires giving effect to the principles of the Treaty. 5. Neither the Crown nor any other person owns or is capable of owning the common marine and coastal area, however the Crown may be vested areas by Order in Council The circumstances of this vesting are unknown. But it is clear that the managerial powers, duties and functions of the Minister of Conservation equate to ownership rights. 6. Every individual has the right to enter, stay in or on, and leave the common marine and coastal area. A discriminatory section as is not required over the coastal area under freehold or Crown title. 7. Local authorities may apply to the Minister for redress for loss of divested areas. But this redress is not afforded to Maori and the circumstances of how the local authorities came to own the coastal and marine area is not under consideration. 8. Participation in conservation processes are limited to declaring or extending Marine Reserves and other conservation areas, Marine Mammal Sanctuaries, permits for marine mammal watching, applications for concessions. The group will be notified and their views sought. The decision maker must have particular regard to those views. Having any veto over wildlife permits regarding research on indigenous species is excluded. The decision maker having particular regard to the views of the applicant group legally gives less weight than the Resource Management Act which uses recognise and provide for or the Conservation Act which again uses gives effect to. Has no consideration of current pre-settlement Control and Management arrangements whereby iwi/hapu have veto over wildlife permits. 9. In the case of stranded marine mammals, marine mammal officers must have particular regard to the views of affected iwi or hapu As above 10. A customary right is a right that has been exercised or may have evolved since 1840 and is not extinguished as a matter of law The Waitangi Tribunal has found on several occasions that extinguishment by law has direct impacts upon the exercise of our customary rights. To have this matter excluded from consideration by the courts in establishing customary rights creates prohibitive hurdles and is unjust.

11 11. Resource consents must not be granted if likely to have adverse effects that are more than minor on the exercise of a protected customary right unless it enables existing aquaculture activities, existing nationally or regionally significant infrastructure and its associated operations and related to petroleum prospecting, exploration, mining operations or mining. In the case of petroleum related activities the consent authority must have particular regard to the nature of the protected customary right. Discriminatory as again is not the same for areas in freehold title. 12. Customary Marine Title exists if the applicant group holds the area in accordance with tikanga and has exclusively used and occupied the area to present day but does not exist if that title is extinguished as a matter of law. Factors in determining applications include the extent of whether the applicant group own land abutting all or part of the area and have done so from 1840 or exercise non-commercial fishing rights in the specified area since CMT provides an interest in land and the ownership of minerals other than those within the meaning of the Crown Minerals Act. It provides an RMA permission right excluding consents related to petroleum and conservation permission rights for activities which declare or extend a marine reserve or conservation protected area, or an application for a concession however the Minister of Conservation can without the permission of the group proceed if considered essential for protection purposes. Wahi tapu areas can be designated and the title order or agreement establishes the prohibitions or restrictions. The Crown recognises that Maori normally share in the use of our resources. It must also be noted that customary practice in the occupation of land is not the same as traditional English occupation of land. Areas are not occupied as an ongoing practice but people move inland and back to the coast depending on seasonal circumstances. It is unlikely that many iwi and hapu will be able to meet these high thresholds not to mention the costs to do so. Again by excluding areas where use has been extinguished by law is unjust.