NEW ZEALAND GAZETTE, No. 99 — 27 SEPTEMBER 2017

when other iwi claim mana-whenua and mana-moana(^1) in the same area. This issue gives rise to four inter-iwi issues which I identify later in the report (paragraph 89).

The taiapure proposal

[8] Te Aupōuri says that it is the haukāinga (local community) in respect of Waka Te Haua, that it performs the traditional role of kaitiaki of Waka Te Haua and the surrounding fishery, and that a taiapure is appropriate to protect that fishery.

[9] Waka Te Haua is a small rocky tidal island or outcrop approximately three quarters of the way up Te Oneroa a Tohe. It is about 6.0500 hectares in area and forms part of a block of privately owned Māori freehold land, Parengarenga 5B2A (also known as the Maunganui Bluff Reserve), that is 37.8178 hectares in total. The balance of Parengarenga 5B2A is situated on the eastern, landward side of Te Oneroa a Tohe. The land was originally part of the Parengarenga 5 block awarded to Te Aupōuri owners. It was partitioned by the Native Land Court on 30 June 1928 and later set aside as a Māori reservation by notice in the New Zealand Gazette 24 February 1977. It is set aside as a Māori reservation "for the purpose of a camping ground and place of scenic interest for the common use and benefit of the Māori people of Te Kao". Te Kao is the traditional settlement of Te Aupōuri, which lies less than 10 kilometres to the north east of Waka Te Haua.

[10] The Aupōuri Maori Trust Board ("Trust Board"), Te Rūnanga o Te Aupōuri and Te Aupōuri Negotiations (Treaty) Claims Company jointly lodged the taiapure proposal in October 2006. It has since been amended on two occasions: first, prior to the then Minister of Fisheries agreeing in principle to the proposal on 28 July 2008 and, second, following public notification of the proposal. There have been four amendments in total.

[11] First, the area of the taiapure was amended on 7 August 2008 following discussions with the then Ministry of Fisheries. The co-ordinates of the taiapure as amended (and agreed to in principle by the Minister and publically notified) are:

The area subject to the proposal includes all those New Zealand fisheries waters below mean high-water springs that are enclosed by a line—

a. Commencing from a point near Te Arai (at 34°42.10′S and 172°54.79′E); then

b. Proceeding offshore in a southwesterly direction for 2.1km to a point at 34°42.78′S and 172°53.69′E; then

c. Proceeding in a northwesterly direction generally parallel to the shoreline for a distance of 2.7km, to a point at 34°41.82′S and 172°52.32′E; then

d. Proceeding in a northerly direction in a straight line for 1.8km to a point at 34°40.823′S and 172°52.176′E; then

e. Proceeding in a northeasterly direction to a point on mean high water springs (at 34°40.20′S and 172°53.23′E); then

f. Proceeding along mean high-water springs to the point of commencement.

[12] This is an area of approximately 10 square kilometres and is shown on the map annexed as Appendix B.

[13] Second, the proposal originally excluded "...all forms of commercial netting and long-lining..." (paragraph 1.3.6). On 7 August 2008, before the Minister agreed in principle to the proposal, it was amended to include "...a restriction on all forms of mussel spat harvesting (whether mechanical or otherwise)..." As mentioned, the fishing industry objected to restrictions on mussel spat harvesting. Following discussions between iwi and industry representatives and the execution of a Memorandum of Understanding ("MOU"), on 20 December 2010 Te Aupōuri advised that the amendment of 7 August 2008 to restrict mussel spat harvesting was withdrawn.

[14] Third, as a result of consultation with Ngāti Kuri and Ngāi Takoto, on 20 December 2010, Te Aupōuri removed the word "exclusive" with reference to Te Aupōuri’s role as kaitiaki of Waka Te Haua (clauses 1.3.9 and 3.1.22).

[15] Fourth, Te Aupōuri originally proposed that the Trust Board be the committee of management under s 184, though the iwi did forecast that it was moving to establish a single iwi authority. On 20 December 2010 the Trust Board advised that Te Aupōuri had agreed that its new single iwi authority, Te Rūnanga Nui O Te Aupōuri Trust ("the Rūnanga Nui"), is to be the committee of management.

Legal framework

The term "taiapure"

[16] The term "taiapure" caused confusion for some iwi participants as it is not a word with which kuia and kaumātua in the district are familiar. Consequently, some were concerned about the potential ramifications of a taiapure. Mr Hone Taumaunu, who assisted me in the inquiry as assessor, agreed that the word could not be