2172 NEW ZEALAND GAZETTE No. 84

Papatipu Rūnanga, their office holders and
addresses; and

(b) providing reasonable opportunities for Te Rūnanga
and Papatipu Rūnanga to meet with department
managers and staff.

3.2 The protocols provide for ongoing implementation of a
range of matters, as well as specific projects which will
require resourcing. It is not intended that all of the
specific projects listed in these protocols will be
implemented in any one year. Implementation will be
over time. Where these protocols refer to specific
projects that require resourcing, their implementation
will be subject to provision being made in the relevant
conservancy business plan. The process for the
department implementing any particular specific project
in a business year will be as follows:

(a) The department will meet with Te Rūnanga in each
conservancy and at regional level annually to
identify priorities for undertaking specific projects
as listed in these protocols for the upcoming
business year;

(b) the identified priorities will be taken forward by the
department into its business planning process at the
conservancy and regional levels and considered
along with other priorities;

(c) the decision on whether any specific projects will
be funded in any business year will be made by the
Conservator and the Regional General Manager;

(d) the department will advise Te Rūnanga of the
outcome of this process; and

(e) Te Rūnanga and the department will then meet
again, if required, to finalise a work plan for
implementation of the specific projects in that
business year, in accordance with the resources
which have been allocated in the business plan. The
department will apply the allocated resources to
give effect to that work plan, subject to unforeseen
management requirements which may arise from
time to time, such as emergencies, adverse weather,
staff shortages or reallocation of resources directed
by the Minister.

3.3 The department will:

(a) meet with Te Rūnanga to review implementation of
these protocols and to deal with the matters in
clause 3.2; four times per annum, unless otherwise
agreed, in each conservancy, twice per annum at
regional level, and at least once per annum at Chief
Executive level;

(b) as far as reasonably practicable, train relevant staff
on these protocols and provide ongoing training as
required; and

(c) as far as reasonably practicable, brief Conservation
Board and NZCA members on these protocols and
the Ngāi Tahu Settlement, and provide ongoing
information as required.

4. Cultural Materials

4.1 For the purpose of these protocols, cultural materials are
defined as:

(i) plants, plant materials; and

(ii) materials derived from animals, marine mammals
or birds,

to the extent to which the department holds and is
responsible for them, and which are important to Ngāi
Tahu in maintaining their culture.

4.2 Current legislation means that generally some form of
concession or permit is required for any gathering of
cultural materials.

4.3 The department will:

(a) have particular regard to Te Rūnanga’s cultural use
policy (Kawa Hua Taiao) as it relates to the
department’s activities, and other relevant
Te Rūnanga statements of policy produced from
time to time.

(b) consider request from members of Ngāi Tahu
Whanui for the customary use of cultural materials
in accordance with the appropriate legislation.

(c) agree, where reasonably practicable, for Ngāi Tahu
to have access to cultural materials which become
available as a result of departmental operations such
as track maintenance or clearance or culling of
species.

(d) consult with Te Rūnanga in circumstances where
there are competing requests from non-Ngāi Tahu
persons or entities for the use of cultural materials,
for example for scientific research purposes, to see
if the cultural and scientific or other needs can be
reconciled before the department makes a decision
in respect of those requests.

4.4 Specific Projects

The department will, subject to clause 3.2, work with
Te Rūnanga to:

(a) Develop and implement guidelines for each
conservancy within the Ngāi Tahu Takiwā that help
define levels of customary use of cultural materials,
and set conditions, after consideration of tikanga, to
be met for gathering;

(b) Identify local sources of plants and provide advice
to Te Rūnanga with respect to the establishment by
Te Rūnanga of cultivation sites; and

(c) Establish departmental cultural materials banks for
cultural materials which have come into the
department’s possession, and guidelines for their
use.

5. Freshwater Fisheries

5.1 The department has a statutory role in advocating the
conservation of aquatic life and freshwater fisheries
generally. Its advocacy for freshwater biota, aquatic
habitats and fish passage in all areas is primarily taken
via statutory planning processes provided by the
Resource Management Act 1991.

5.2 Section 48B of the Conservation Act 1987 (inserted by
section 305 of the Ngāi Tahu Claims Settlement Act
1998) provides the power to promulgate regulations
providing for customary Māori fishing rights with
respect to freshwater fisheries within South Island
Fisheries Waters. Pursuant to clause 12.14.11 (e) of the
Deed of Settlement such regulations are to be
promulgated as soon as practicable, and in any event no
later than two years after settlement date. Besides
generally consulting with Te Rūnanga and providing for
its participation in the conservation and management of
customary freshwater fisheries and freshwater fish
habitats, the department will consult with, and have
particular regard to the advice of, Te Rūnanga in its
capacity as an Advisory Committee appointed under
section 56 of the Conservation Act in all matters
concerning the management and conservation by the
Department of Conservation of Taonga Fish Species (as
defined in section 297 of the Ngāi Tahu Claims
Settlement Act 1998) within the Ngāi Tahu Claim Area.
This obligation does not derogate from the obligations
of the department under section 4 of the Conservation
Act 1987 to give effect to the Treaty of Waitangi.

5.3 Advisory Committee

The department will, in relation to the Taonga Fish
Species and as far as reasonably practicable, provide the