Mana Moana Nga Hapu o Ngati Porou Foreshore and Seabed Deed of Agreement A guide to understanding the process to ratify amendments to the Deed “Ko taku upoko ki tuawhenua Contents Ko aku matimati ki tai” “My head shall face landwards Foreword 4 and my feet shall point seawards” Navigating the Guide 5 Rerekohu PART ONE INTRODUCTION 7 Background to Nga Hapu o Ngati Porou Foreshore & Seabed journey 8 Key milestones along the journey 10 PART TWO SUMMARY OF AMENDED DEED OF AGREEMENT 13 Approach to the Amendments 14 Approach to the Principles 14 Recognition of Mana 14 Amendments to Align with the 2011 Act 15 Instruments and Mechanisms 16 Additional Recognition and Protection in CMT Areas 18 Additional Amendments 19 Management Arrangements 20 PART THREE THE RATIFICATION PROCESS 23 Summary of Ratification Process 24 Information Hui 24 Ratification Hui 24 Ratification Resolutions 24 PART FOUR WHAT HAPPENS AFTER RATIFICATION? 27 What Will Happen Next? 28 Further Information 28 Kupu Mana Moana 30 Published by: Te Runanganui o Ngati Porou, 2016 Cover Image: Whangaokeno, as seen from Tapuarata Beach, Te Pakihi (East Cape). This page: Whangaokeno as seen from Rangitukia. Photo Credits: All photographs copyright of Te Runanganui o Ngati Porou (except for image on pg 15). Whareponga looking over to Waipiro image (pg.15) courtesy of Walton Walker. 2 Mana Moana Mana Moana 3 East Cape Lighthouse on Otiki Hill, Te Pakihi. Foreword Tena tatau Ngati Porou, otira nga karangaranga hapu mai rano e pupuri i te mana o nga takutaimoana mai i Potikirua ki te Toka a Taiau. Tangihia o tatau mate huhua, stewardship of previous TRONPnui chairman, Apirana kaoreha ki te morehu papa kia Mahuika, who led the negotiation of the Deed until his Apirana Mahuika me te hunga passing in 2015. Like our maunga, Hikurangi, he was pakeke na ratau i kokiri te steadfast in his assertion of the mana motuhake of our kaupapa e tumanakohia nei e hapu over their rohe moana. tatau kia u ki tahaki. No reira, okioki koutou i roto i te mana, te The original version of this Deed was ratified by Ngati ihi, te tapu kei te po. Porou hapu and signed on their behalf by mandated representatives in 2008. Changes to foreshore and E nga tuakana, taina, tuahine, seabed legislation in 2011 provided the basis for a range e te whanau, ka wa atu tenei kaupapa e ahi ana i roto of improvements to the Deed to be negotiated. We now i o tatau matua tipuna, na reira kua tae ki te wa kia ask that you engage with your whanau and hapu and give whakamanahia te mana motuhake i koingo ratau i roto due consideration to the updated Nga hapu o Ngati Porou i o ratau karangatanga hapu mo o tatau takutaimoana Foreshore and Seabed Deed of Agreement and support its puta noa i te rohe. Me tautoko tatau ka tika heoi ano kei ratification. Navigating the Guide a koutou te korero, anei manaaki nga ohaki a te hunga i para te huarahi hei oranga mo nga uri whakatipu. “Ko aku matimati ki te huka o te tai ko taku upoko ki te tuawhenua” - na Rerekohu. The Nga Hapu o Ngati Porou Foreshore and Seabed The journey to ratify the amended Nga Hapu o Ngati Porou Foreshore and Seabed Deed of Agreement is the result of over thirteen years of Kia tau te ia o te mauri kia tatau katoa. negotiations and the tireless efforts of lead negotiator Deed of Agreement (amended Deed of Agreement) with the Crown has begun. Matanuku Mahuika, our hapu representatives, pakeke, Selwyn Parata At stake is confirmation of the mana motuhake of our coastal hapu and a golden and our legal team. We recognise and acknowledge the Chairman, Te Runanganui o Ngati Porou Trustee Limited opportunity to build on and strengthen hapu coastal management. Once it has been ratified by nga hapu o Ngati Porou, the amended Deed of Agreement will be given effect by new Please note this document is a guide only, legislation, which will provide legal recognition of the and should not be relied upon as a complete mana of hapu over their marine and coastal lands and or exhaustive summary. resources. STAY INFORMED This guide has been prepared to help hapu members • Keep up to date with the ratification navigate the key principles and instruments of the process by going online to amended Deed. The kaupapa covered within this www.ngatiporou.com/takutaimoana publication include: • You can also visit the TRONPnui Facebook • the background to the Deed of Agreement between nga page. hapu o Ngati Porou and the Crown; • Regular e-panui will also be sent out to • how the amended Deed of Agreement is expected to members on the Ngati Porou Register. provide better legal protections for nga hapu o Ngati • Other ways to stay informed include tuning Porou over their rohe moana; in to Radio Ngati Porou and reading public MANA TUTURU The original version of the Nga Hapu o Ngati Porou Foreshore and Seabed Deed of Agreement was signed on the 31st of notices in The Gisborne Herald. October 2008. A delegation of hapu representatives and pakeke travelled to Parliament for the official ceremony. • how the ratification process will be administered and (Above left-right): Dr Apirana Mahuika; Peggy Pardoe, Kura Tibble, Kate Tamepo , Kui Ngata and Georgina Green. what will happen after ratification. 4 Mana Moana Mana Moana 5 NGA KORERO MANA MOANA TUATAHI PART ONE Na Dr Apirana Mahuika (Ngati Porou) INTRODUCTION Our view in relation to the foreshore is that the absolute living on those lands and authority and sovereignty rests solely with us. The term expressing their traditional ‘rangatira’ not only means chief or person of high status, but practices to the foreshore equally applies to ownership of property and the absolute and fishing grounds, in each authority resting with a particular whanau or hapu. of those areas. Therefore the term rangatira is synonymous with the Our ancestor Rerekohu English word ownership. Another interpretation of the term stated at the time a Ngati ownership to Maori is absolute authority and sovereignty Porou war party was travelling north to do battle (mana tuturu/mana motuhake). “From these terms we with Te Whanau a Apanui. From these terms we get the expression mana whenua and He said to them: “You may get the expression also mana moana. The term mana whenua relates primarily not travel through my region mana whenua and also to genealogy. If one had no genealogical connection to a to fight with Te Whanau mana moana. The term particular area they have no claim to mana whenua. And the a Apanui. So that you will mana whenua relates understand the nature of my same applies to mana moana. Therefore, we are very familiar primarily to genealogy.” with our relationship (whanaungatanga) to the land and also authority, this is what I say to the sea; the foreshore stretching to the sea, coastal lands to you” stretching landwards. “Ko taku upoko ki tuawhenua, ko aku matimati ki tai”. Some have mistakenly thought that ownership of the land (My head shall face landwards, and my feet shall is different from the ownership of the sea and sea resources. point seawards). But we say ‘No’. It is possible to express ownership over both. This ownership is inherited at birth from our ancestors That phrase is easily explained, his head faced inland who have lived there since time began. When one looks at therefore signifying his mana over the surrounding land. His lands and coastal lands (whenua takutai) in Ngati Porou, feet pointed seawards, therefore demonstrating his mana long before the Treaty of Waitangi our ancestors were over the sea. In 2003 a series of video interviews were filmed with Selected abridged excerpts (the English translations) several pakeke representing nga hapu o Ngati Porou. from four of the pakeke interviewed in 2003 are Each pakeke shared korero about how their hapu reprinted throughout this publication. exclusively used and occupied te takutai moana and tai whenua from 1840 to the present day. These interviews To view all the interviews and for other relevant are among the collection of foreshore and seabed content go to: customary evidence gathered over the past 13 years. www.ngatiporou.com/takutaimoana Te Ngutu Awa o Waiapu. 6 Mana Moana Mana Moana 7 KORERO MOANA Between 2003 and 2008 a series of takutai moana site visits were held to help gather evidence which demonstrated nga hapu o Ngati Porou’s customary title to the foreshore and seabed. During the visits hapu members shared korero about their traditional practices and tikanga, significant sites and landmarks, and other korero associated with their mana moana. Left: Dr Apirana Mahuika and Manuhou Moana (Te Whanau a Takimoana) sharing korero about “Te Koko Ika ki Te Ngutu Awa o Waiapu.” Below: Nga pakeke o Te Riu o Waiapu at the river mouth. An official ceremony was held at Parliament for the signing of the Nga Hapu o Ngati Porou Foreshore and Seabed Deed of Agreement on the 31st October, 2008. Background to Nga Hapu o Ngati Porou Foreshore & Seabed journey Historically nga whanau me nga hapu of Ngati Porou exercised exclusive control over our lands and waters within the Ngati Porou rohe, including the foreshore and seabed (takutai moana). In contemporary times, Ngati Porou retain at least 90 percent of our whenua takutai (coastal lands), and continue to exercise mana over our takutai moana - from Potikirua in the north to Te Toka a Taiau in the south. The rights of nga hapu o Ngati Porou, however, came under threat as a result of the Foreshore and Seabed Act 2004.