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Report to the Iwi Advisory Group from the Freshwater Iwi Leadership Regional Hui

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Report to the Iwi Advisory Group from the Freshwater Iwi Leadership Regional Hui Report to the Iwi Advisory Group from the Freshwater Iwi Leadership Regional Hui Ko te wai, he tino taonga (Te Hana Hui) Whiringa a Rangi 2014 2 ‘As with Mauao, this is about the restoration of mana. The Crown sought to confiscate our Maunga despite the protests of our tūpuna. DoC, on behalf of the Crown, became the owner and the Tauranga District Council the Manager. Tauranga Iwi fought hard for the return of Mauao over many decades. This was eventually achieved in 2008, outside of the Treaty settlement process. Tauranga Iwi are now the title holders and sole governors of Mauao. They set the vision for the future management and use of Mauao and co-manage with the Tauranga District Council. The public interest is protected under this arrangement. All costs are met by the TDC. A similar arrangement could work with Waimāori. Restore the mana and the rest will fall into place. As with the return of Mauao, the public need not feel threatened’. (Hon. Mita Ririnui, Tauranga Moana Hui) This report is for the benefit of iwi and hapū. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG. 3 Protection of Information in this Report This report is produced for the benefit of the Freshwater Iwi Advisory Group, the Freshwater Iwi Leadership Group (ILG), and hui participants. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG. This report is for the benefit of iwi and hapū. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG. 4 Summary ‘The Government needs to know that we are deadly serious about this kaupapa’ (Maniapoto Hui) The Iwi Advisors Group (IAG) facilitated over 20 regional hui across the country during October and November 2014. As part of that process, the Horouta Iwi Collective facilitated 18 additional hui in Te Tairāwhiti. The objectives of the regional hui were to provide information about the Iwi Leaders Group (ILG) framework for engagement with the Crown on freshwater; to provide an update on the outcomes from engagement to date, and to signal the direction in relation to upcoming engagement with the Crown on the issue of rights and interests. The hui also provided an opportunity for the IAG to get a sense of the aspirations of iwi and hapū in relation to rights and interests. Feedback from the hui will inform future discussions with the Crown. The hui confirmed general support for a strong unified voice when dealing with the might of the Crown on these critical issues. On this basis iwi and hapū participants supported the ILG framework for engagement with the Crown. Some iwi and hapū reserve the right to speak directly with the Crown in their own right as and when determined by them. There was overwhelming support for the assertion of rights and interests that are in the nature of ownership. Strong statements were made in some hui that rights and interests in water are seen as whānau and hapū rights. Whilst the focus of the regional hui was upon rights and interests, it was clear that water quality continues to be a matter of deep concern. Stories of the special relationships that whānau and hapū have enjoyed with their waterways were shared, as were numerous examples of the need for restoration and rehabilitation of those waterways and life within. The ILG was urged to be bold in advocating for the highest possible standards for water quality – that water be drinkable and swimmable. Other key points to emerge included: access to water and allocation are cultural issues and economic issues for Māori; a strong call for collaboration and information sharing between iwi and hapū; the need for resourcing over and above Treaty settlements to build capability and capacity to be involved in decision-making and management; the importance of puna; the security of access to water for marae; the inequity of freshwater Treaty settlements, and frustrations in dealing with Councils at local government level. Appendices to this report: 1. Schedule of Regional Hui 2. Summaries of notes taken at each hui (including iwi and hapū presentations made to the IAG at hui) This report is for the benefit of iwi and hapū. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG. 5 Background - Regional Hui The objectives of the regional hui were to provide information about the Iwi Leaders Group (ILG) framework for engagement with the Crown on freshwater; to provide an update on the outcomes from engagement to date, and to signal the direction in relation to upcoming engagement with the Crown on the issue of rights and interests. The hui also provided an opportunity for the IAG to get a sense of the aspirations of iwi and hapū in relation to rights and interests and what may be required to address issues in each rohe. At each hui members of the IAG delivered a standard powerpoint presentation. The presentation outlined the role of the ILG, the background to ILG involvement in discussions with the Crown about freshwater issues, and the five key principles that the ILG has adopted for engaging with the Crown referred to as ‘Ngā Mātāpono’: Te Tiriti o Waitangi; Te Mana o te Wai; Te Mana Motuhake o ia iwi, o ia iwi, ki te wai; Te Kaitiakitanga o ngā hapū me ngā iwi i te wai; and te Mana Whakahaere o ngā iwi me ngā hapū ki te wai. The presentation then stepped through the four key focal points for ILG engagement with the Crown to date: freshwater management decision-making processes, the national policy framework, proposals to reform the Resource Management Act 1991, and ‘rights and interests’. The presentation set out the background to the phrase ‘rights and interests’ as penned by the Waitangi Tribunal in its interim report on the National Freshwater and Geothermal Resources Claim (Wai 2358) 2012. There the Tribunal addressed the question of what rights and interests (if any) in water and geothermal resources were guaranteed and protected by the Treaty of Waitangi. The Tribunal found that: Māori had rights and interests in their water bodies for which the closest English equivalent in 1840 was ownership. Those rights were then confirmed, guaranteed, and protected by the Treaty of Waitangi, save to the extent that the Treaty bargain provided for some sharing of the waters with incoming settlers... The nature and extent of the proprietary right was the exclusive right of hapū and iwi to control access to and use of the water while it was in their rohe. In a Supreme Court decision that followed soon after, the Court noted the Crown’s acceptance that ‘some hapū will have interests in particular waters and their interests are protected by Article 2 of the Treaty’. The IAG presentation went on to outline the Government’s stated position that ‘no one owns water’, that on ‘a case by case basis certain Māori may have rights and interests…but [the Government] does not believe water is a nationalised issue’. Against this background, the IAG sought specific feedback from participants on two questions: 1. Do you support iwi having a ‘use right’ (allocation) as part of iwi rights and interests in freshwater? 2. What should this look like? Should any such rights be perpetual, inalienable, and/or tradeable? What percentage of all water should be allocated? Should use rights include take and discharge rights? This report is for the benefit of iwi and hapū. No part of this report may be reprinted or reproduced or utilised for any purpose, in any form, or by any means without the prior written approval of the Freshwater ILG. 6 The discussion that followed the IAG presentation centred mostly around the IAG presentation and responses to the consultation questions. Notes were taken at each hui by IAG members and they are recorded in the form of bullet point summaries. The summaries are attached as Appendix 2. Ngāti Koroki Kahukura, Ngāti Hauā, Ngāti Maniapoto and the Horouta Iwi Collective gave their own presentations at hui and the presentations are attached as part of the relevant hui notes. The Mataatua Declaration on Freshwater that was tabled at the Whakatāne hui is available from the IAG.1 Parts of the executive summary of this report will form part of the IAG’s report to the Iwi Chairs’ Forum (ICF) that will take place in Tauranga in November 2014. It is intended that a copy of this report be posted on the ICF website. Purpose and Format of Report The regional hui provided an opportunity for the IAG to get a sense of the aspirations of iwi and hapū in relation to rights and interests. This report is intended to provide an ‘arm’s length’ summary of the key themes that emerged from the hui,2 and a collation of participants’ responses to the consultation questions posed by the IAG. The report will help the IAG to identify a suite of rights and interests that addresses issues in each rohe, and to shape its future discussions with the Crown. In addition, there was a strong and consistent call across the hui for more information sharing about what is happening in other rohe and the importance of sharing local successes.
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