9 AUGUST

NEW ZEALAND GAZETTE

Ngāi Tahu Claims Settlement Act 1998

Notification of the Issue of Protocols

Under section 282 (4) of the Ngāi Tahu Claims Settlement Act 1998, the Minister of Conservation hereby notifies that she has issued protocols on behalf of the Crown regarding the Department of Conservation’s interaction with Ngāi Tahu on specified issues, and that the protocols as set out in the Schedule hereto were issued on 22 October 1998.

Schedule

1. Introduction

1.1 The purpose of the Conservation Act 1987 is to manage natural and historic resources under that Act and the Acts in the First Schedule of the Conservation Act. Section 4 of the Conservation Act requires that the Act be so interpreted and administered as to give effect to the principles of the Treaty of Waitangi.

1.2 The Director-General has certain management responsibilities in terms of legislation and can only delegate or share responsibility for decisions she/he makes within the limits of his/her legislation. However, in making such decisions, the Director-General will provide Te Rūnanga the opportunity for input, consistent with section 4, in its policy, planning and decision-making processes on the matters set out in these protocols.

1.3 These protocols apply across the Ngāi Tahu Takiwā, which spans five conservancies, and the southern and central regional offices of the department.

1.4 Both the department and Te Rūnanga are seeking a relationship consistent with the Treaty principle of partnership that achieves, over time, the conservation policies, actions and outcomes sought by both Te Rūnanga and the department, as set out in this document.

2. Purpose of Protocols

2.1 These protocols are issued pursuant to section 282 of the Ngāi Tahu Claims Settlement Act 1998 and clause 12.12 of the 1997 Deed of Settlement between the Crown and Ngāi Tahu, which specifies the following:

2.1.1 Definitions

Protocol means a statement in writing, issued by the Crown through the Minister of Conservation to Te Rūnanga, which sets out:

(a) how the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters within the Ngāi Tahu Claim Area; and

(b) how the Department of Conservation will, on a continuing basis, interact with Te Rūnanga and provide for Te Rūnanga’s input into its decision-making process.

2.1.2 Authority to Issue, Amend or Cancel Protocols

Pursuant to section 282 of the Ngāi Tahu Claims Settlement Act 1998, the Minister of Conservation may, from time to time issue, amend, and cancel protocols.

2.1.3 Issue of Protocols

On the settlement date (as defined in section 8 of the Ngāi Tahu Claims Settlement Act 1998), the Crown has agreed through the Minister of Conservation to issue protocols in this form on the following matters:

(a) cultural materials;

(b) freshwater fisheries;

(c) culling of species of interest to Ngāi Tahu;

(d) historic resources;

(e) Resource Management Act 1991 involvement; and

(f) visitor and public information.

2.1.4 Protocols Subject to Crown Obligations

Pursuant to section 283 of the Ngāi Tahu Claims Settlement Act 1998, the protocols are issued and amended, subject to, and without restriction upon:

(a) the obligations of the Minister of Conservation and the Department of Conservation to discharge their respective functions, powers, and duties in accordance with existing law and Government policy from time to time; and

(b) the Crown’s powers to amend policy, and introduce legislation amending existing law.

This clause is not intended to indicate, and should not be interpreted as indicating, any agreement by Te Rūnanga to any amendment to policy which would adversely affect the redress provided by the Crown pursuant to the Settlement Deed or the ability of either party to fulfil its obligations expressed in the Settlement Deed.

2.1.5 Noting of Protocols on CMS

Pursuant to section 284 of the Ngāi Tahu Claims Settlement Act 1998:

(a) the existence of protocols, once issued, and as amended from time to time, including a definition of protocols as set out in section 281 of the Ngāi Tahu Claims Settlement Act 1998 and a summary of the terms of issue of protocols, must be noted in conservation management strategies, conservation management plans and national park management plans affecting the Ngāi Tahu Claim Area; and

(b) Noting of protocols pursuant to section 284 (1) of the Ngāi Tahu Claims Settlement Act 1998 is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I of the Conservation Act 1987 or section 46 of the National Parks Act 1980.

2.1.6 Enforceability of Protocols

Pursuant to section 285 of the Ngāi Tahu Claims Settlement Act 1998:

(a) the Minister of Conservation must comply with a protocol as long as it remains in force;

(b) if the Minister of Conservation fails unreasonably to comply with a Protocol, Te Rūnanga may, subject to the Crown Proceedings Act 1950, enforce the protocol by way of public law action against the Minister of Conservation;

(c) notwithstanding paragraph (b), damages are not available as a remedy for a failure to comply with a protocol; and

(d) this clause does not apply to any guidelines which are developed pursuant to a protocol.

2.1.7 Limitation of Rights

Pursuant to section 286 of the Ngāi Tahu Claims Settlement Act 1998, except as expressly provided in the Deed of Settlement, the Ngāi Tahu Claims Settlement Act 1998, or in a protocol, a protocol does not, of itself, have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, land held, managed, or administered under the Conservation Act 1987 or a statute listed in the First Schedule of that Act.

3. Implementation and Communication

3.1 The department will seek to establish and maintain communication with Te Rūnanga and its Papatipu Rūnanga on a continuing basis by:

(a) maintaining at the conservancy level, with the assistance of Te Rūnanga, information provided on