✨ Ngāi Tahu Settlement Protocols
9 AUGUST
NEW ZEALAND GAZETTE
Advisory Committee with all relevant information to
enable it to give informed advice, and will meet with the
Advisory Committee at conservancy level as necessary
to give effect to the Deed of Settlement and the Ngāi
Tahu Claims Settlement Act 1998.
5.4 Customary Freshwater Fisheries Regulations
The department will work with Te Rūnanga at regional
and conservancy levels to:
(a) provide for Te Rūnanga participation in the
development and promulgation of customary
freshwater fishing regulations by:
(i) establishing a joint working group;
(ii) setting terms of reference for that working
group;
(iii) setting timelines for progress; and
(iv) providing information to Te Rūnanga in a
timely manner and allowing Te Rūnanga an
opportunity to comment.
5.5 Specific Projects
The department will, subject to clause 3.2, work with
Te Rūnanga to:
(a) develop and implement guidelines for the
department with respect to the promotion of
compliance with customary freshwater fisheries
regulations;
(b) develop and implement guidelines for the
department with respect to monitoring the efficacy
of the customary freshwater fisheries regulations at
regular intervals; and
(c) develop and implement guidelines for the
department with respect to sharing accumulated
management information and research data on
customary freshwater fisheries with Te Rūnanga.
5.6 Other Matters
The department will work with Te Rūnanga at regional
and conservancy levels to provide for active
participation by Te Rūnanga in the conservation,
management and research of customary freshwater
fisheries and freshwater fish habitats by:
(a) seeking to identify areas for co-operation in
advocacy, consistent with clause 9, focusing on fish
passage, minimum flows, protection of riparian
vegetation and habitats, water quality improvement
and in the restoration, rehabilitation or enhancement
of customary freshwater fisheries and their
freshwater habitats; and
(b) consulting with Te Rūnanga in developing or
contributing to research programmes that aim to
improve the understanding of the biology of
customary freshwater fisheries and their
environmental and habitat requirements. The
department confirms that it regards Te Rūnanga as a
possible science provider or collaborator for
research projects funded or promoted by the
department in the same manner as other potential
providers or collaborators.
5.7 Specific Projects
The department will, subject to clause 3.2, work with
Te Rūnanga to:
(a) conduct research to establish and address ecosystem
threats to specified customary freshwater fisheries
including barriers to migration, habitat loss and
exotic species interaction;
(b) contribute to the resolution of eel management
issues, in particular, the administration of the fish
passage regulations in the Freshwater Fisheries
Regulations, the promotion of the installation of
effective fish passes where necessary and
monitoring of their effects, by participating in
discussions with Te Rūnanga and Te Waka a Māui
me ona Toka Mahi Tuna; and
(c) identify the need for, and where necessary prepare,
management plans for freshwater fisheries
management.
- Culling of Species of Interest to Ngāi Tahu
6.1 As part of an integrated management regime, or because
a species population has risen to become an ecological
pest, it may from time to time be necessary for the
department to carry out a cull of a protected species
under the Wildlife Act 1953. The department recognises
that Te Rūnanga is interested in such operations in the
following ways:
(a) the carrying out of such a cull where the species to
be culled is causing or is likely to cause ecological
damage to species or habitats of particular
significance to Ngāi Tahu;
(b) the methods to be used in such culls; and
(c) cultural materials arising from the cull.
6.2 The department will:
(a) have regard to any requests initiated by Te Rūnanga
for the carrying out of culling operations;
(b) consult with, and have particular regard to the views
of, Te Rūnanga before deciding to carry out a cull
of protected species on land administered by the
department, in respect of the reasons for the cull
and the method proposed to be used; and
(c) in situations where either a Fish and Game Council
or a regional council intend to carry out a cull of
protected species or game bird and the department
has a statutory role in the process, request the
relevant body to consult with Te Rūnanga before
carrying out any such cull.
- Historic Resources
7.1 The Minister acknowledges the importance to Ngāi
Tahu of their wāhi tapu, wāhi taonga and other places of
historic significance to them. Liaison with Te Rūnanga
is important in the management of those places
containing sites of historic and cultural significance to
Ngāi Tahu, including places of settlement, horticulture,
natural resource harvesting, warfare, communication,
and places of cultural and spiritual connection.
7.2 The department notes that non-disclosure of locations of
places known to Ngāi Tahu is a practice used by Ngāi
Tahu to preserve the sanctity of a place. Respecting the
principle of confidentiality brings management
difficulties of a particular kind. Where information is
not
available,
management
practices
which
(unintentionally) contravene the cultural value
associated with a specific site, may be put in place.
Where reasonably practicable, the department will
respect the principle of confidentiality that applies to
wāhi tapu, wāhi taonga and places of historic
significance to Ngāi Tahu. The primary responsibility
for identifying and assessing Ngāi Tahu heritage values
rests with Te Rūnanga.
7.3 The department will work with Te Rūnanga at regional
and conservancy levels to:
(a) ensure, as far as reasonably practicable, that Ngāi
Tahu values attaching to identified wāhi tapu, wāhi
taonga and places of historic significance to Ngāi
Tahu managed by the department are respected by
the department, for example, by the department
giving consideration to impacts from visitor
numbers, facilities and services;
(b) manage, as far as reasonably practicable, wāhi tapu,
wāhi taonga and places of historic significance to
Ngāi Tahu according to the standards of
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2001, No 84
Gazette.govt.nz —
NZ Gazette 2001, No 84
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Notification of the Issue of Protocols under Ngāi Tahu Claims Settlement Act 1998
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🪶 Māori AffairsNgāi Tahu, Conservation, Protocols, Treaty of Waitangi, Department of Conservation