Regional Policy Statement for Taranaki |
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| This page: | Part C Section 16.2 — Kaitiakitanga | 16.3 — Taonga |
16.2 Recognising kaitiakitanga
Background to the issue
Kaitiakitanga refers to the exercise of custodianship by an iwi or hapu over land and other taonga within the tribal rohe. It is descriptive of the relationship between Taranaki tangata and te taiao (the environment). It includes elements of guardianship, custodial protection, advocacy and the bearing of sacred messages (tohu or resource indicator).
A kaitiaki is a person or agent who performs the tasks of guardianship. Kaitiakitanga is based on the general understanding that people belong to the land and have a responsibility of kaitiaki to that land. Kaitiaki is linked inextricably to tino rangatiratanga (customary authority) as it may only be practised by those iwi, hapu or whanau who possess tino rangatiratanga in their rohe. Individuals, and sometimes families and subtribes, are charged with the task of kaitiakitanga. Kaitiaki often receive their mana or authority with respect to a particular locality, place or resource. For example, a family or individual might be the kaitiaki for a pa or for a fishing ground because they possess an intricate knowledge of the local environment. As kaitiaki of their traditional fishing grounds and reefs, iwi and hapu have a responsibility to nurture and safeguard these resources for future benefit.
All those exercising functions, duties and powers under the Resource Management Act are required to have particular regard to kaitiakitanga. However, defining kaitiakitanga is complex and may mean different things to different iwi and hapu.
The views of the tangata whenua of the area in relation to the resource at issue are to be given paramount consideration in determining the nature of the kaitiaki (that is, the form it takes) and what is necessary for protecting or enhancing the relationship of kaitiakitanga (that is, the process) with the resource in the region. It is acknowledged that there will be times when a general consensus on the meaning of kaitiakitanga will be appropriate and also times when consultation will need to occur on a resource and site specific basis.
The significant issue in relation to recognising kaitiakitanga is:
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The Taranaki Regional Council and territorial authorities agreeing to a shared understanding with iwi and hapu on the meaning and practical implications of kaitiakitanga in terms of resource management. |
Objective
KTA OBJECTIVE 1
To have particular regard to the concept of kaitiakitanga in relation to managing the use, development and protection of natural and physical resources in the Taranaki region, in a way that accommodates the views of individual iwi and hapu.
Policy
Kaitiakitanga
KTA POLICY 1
Iwi and hapu will be consulted on an individual basis to determine how kaitiakitanga can be recognised and integrated in the management of the use, development and protection of natural and physical resources in the Taranaki region.
Explanation of the Policy
In having regard to the concept of kaitiakitanga, and recognising the complexities in defining that concept and determining kaitiaki, it is appropriate that consultation be on an individual and resource specific basis with the relevant iwi or hapu group (Policy 1).
Related policies
All policies in Sections 5.1 [Soil erosion]; Section 5.2 [Soil health]; Section 5.3 [Hazardous substances and contaminated sites]; Section 6.1 [Sustainable water allocation]; Section 6.2 [Surface water quality]; Section 6.4 [Wetlands]; Section 6.5 [Land drainage and associated diversions]; Section 6.6 [Use of river and lake beds]; Section 6.7 [Public access to rivers and lakes]; Section 7.1 [Air quality]; Section 7.2 [Climate change]; Section 8.1 [Natural character of the coastal environment]; Section 8.2 [Coastal water quality]; Section 8.3 [Public access to the coastal environment]; Section 10.1 [Natural features and landscapes]; Section 10.2 [Historic heritage]; Section 10.3 [Amenity values]; Section 14 [Energy]; Section 16.1 [Treaty of Waitangi]; Section 16.3 [Ancestral lands]; and Section 16.4 [Cultural and spiritual values].
Methods of implementation
The Taranaki Regional Council will:
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Consult with iwi and hapu on a resource and site specific basis, and develop models in partnership with iwi and hapu with respect to the meaning of kaitiakitanga and the way in which the Taranaki Regional Council could appropriately have regard to this concept and accommodate the role of tribal kaitiaki in the management of natural and physical resources.
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Be guided in administering functions, powers and duties under the Act, by the Declaration of Understanding and a Code of Conduct developed jointly by the Taranaki Regional Council and Iwi o Taranaki.
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Consider the development of memoranda of understanding with iwi authorities to promote resource management and an effective relationship between the Taranaki Regional Council and the iwi.
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When developing policies and processing resource consents, have regard to statutory acknowledgements where the Crown has formally acknowledged the statements made by iwi of the particular cultural, spiritual, historical, and traditional association of the iwi with particular areas. |
Principal reasons for adopting the objective, policy and methods
The objective, policy and methods of implementation give effect to the Resource Management Act and establish a planning framework for recognising kaitiakitanga. They formally recognise the special status of tangata whenua and are statements of the Council's commitment to the principles of the Treaty of Waitangi and resources, areas and sites of particular significance to tangata whenua.
The policy and methods build on current approaches to this issue. They have proven to be acceptable to date in terms of promoting effective integrated management and achieving desired environmental outcomes and are considered appropriate having regard to their efficiency and effectiveness and their benefits and costs. The policy and methods are in addition to those adopted in Part B [Resource management issues of significance] of the Regional Policy Statement, which relate to managing the wider environment and which also contribute towards kaitiakitanga.
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Environmental results anticipated KTA ER 1 Resource management decisions reflective of the philosophy of kaitiakitanga. |
16.3 Recognising and providing for the relationship of Maori with ancestral lands, water, sites, wahi tapu and other taonga
Background to the issue
Māori perceive natural and physical resources such as land, air, water and the coast as a taonga - an invaluable treasure - which has been gifted by their tipuna (ancestors) for the benefit and use of the descendants. This gift imposes a responsibility on the tangata whenua, as kaitiaki, to ensure that the resource is conserved and handed on to future generations in a similar condition. The Taranaki landscape and coastline is rich in tribal history, which has a present day reality manifested in sites and features of particular significance to tangata whenua.
Te maunga o Taranaki (Mount Taranaki) has particular significance to Iwi o Taranaki.
The close attachment that tangata whenua have to their ancestral lands stems from a belief in a common origin from their original parents Papa-tu-a nuku (Earth mother) and Ranganui (Sky Father) and from ancestral occupation and use. The relationship to the land provides a link with both ancestors and future generations. It confirms tribal and kinship ties and in so doing, establishes a sense of tribal identity and continuity.
Ancestral lands are not restricted to land currently in Māori ownership but may also include lands traditionally occupied by iwi and hapu. In managing the land resources of Taranaki, opportunities must be provided for tangata whenua to use and develop their land in accordance with their culture and traditions, providing for appropriate development of marae, papakainga and whare wānanga on tūrangawaewae and protecting wāhi tapu and other resources and places of cultural values from the adverse effects of land use.
Māori also perceive all things in the natural world as having metaphysical qualities of mauri (essential life force) and wairua (a spiritual dimension). The continued existence of these qualities depends on the physical health of the physical and natural resources and is also linked to the mana of the kaitiaki people. Contamination or degradation of the natural world and resources (e.g. water) has the effect of diminishing its mauri and wairua thereby resulting in a subsequent loss of mana for the kaitiaki.
Water is valued by tangata whenua not only for the provision of physical substances through the gathering of kai (e.g. watercress, tuna (eel), piharau (lamprey), kahawai, inanga and other whitebait species), but also for the tribal mana and standing derived from providing locally obtained food for manuhiri or guests on the marae. Particular rivers and streams also may have special significance to those iwi and hapu in whose rohe they are located. The Tongaporutu and Mohakatino rivers are identified in statutory acknowledgements to be of special cultural, spiritual, historical and traditional association of Ngati Tama. The Tangahoe, Whenuakura and Patea rivers are identified in statutory acknowledgements to be of special cultural, spiritual, historical and traditional association of Ngati Ruanui. Likewise, the Whenuakura River and parts of the Waitotara and Patea rivers are identified in statutory acknowledgements to be of special cultural, spiritual, historical and traditional association of Ngaa Rauru. There are other rivers and streams of significance to iwi. For example, the Stony (Hangatahua) River is of special value for the Taranaki iwi, the Waiwhakaiho and Waiongana rivers are of special significance to Te Atiawa, the Kapuni Stream is of special value to the Ngā Ruahine, and the Manganui and Waitara rivers are of special value to Ngati Maru.
The air, like all other natural resources is considered by Māori to be a taonga, to be valued, used with respect, and handed on in an equally good condition to the next generation. The emission of contaminants to air may therefore have a spiritual impact associated with the physical effect. Air contaminants may also adversely affect wāhi tapu.
The coastal environment and its resources are of great cultural, spiritual and economic benefit to Iwi o Taranaki. As kaitiaki of their traditional fishing grounds and reefs, iwi and hapu have a responsibility to nurture and safeguard these resources for future benefit. This stewardship ethic is reflected in customary practices and rules such as rotational or seasonal harvesting, collection techniques aimed at preserving the natural state of fishing reefs, the use of rahui (prohibition) on seafood gathered to prevent exploitation, restrictions on gutting and shelling seafood gathering to prevent exploitation, restrictions on gutting and shelling seafood below the high tide mark and the avoidance of contamination of the coastal habitat from human and animal wastes.
Other particular sites of cultural and spiritual significance to iwi include wāhi tapu, urupa (burial sites) and battlegrounds, tauranga waka (ancestral canoe landing and launching sites), taonga raranga (plants valued for weaving eg: pingao and harakeke), toko taunga ika (rocks marking fishing grounds), and landscape features signifying iwi and hapu boundaries. The Taranaki Regional Council and territorial authorities, in giving effect to their resource management responsibilities, will give particular consideration to the special relationship that tangata whenua have with the environment, as expressed through tikanga.
Appendix IV sets out the statutory acknowledgement, formally agreed to between the Crown and relevant iwi authority as part of the Treaty of Waitangi settlement, which identify areas or sites containing cultural, spiritual, historical, and traditional values of significance to the iwi.
The significant issues in relation to recognising and providing for the relationship of Māori with their ancestral lands, water, sites, wāhi tapu and other taonga are:
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Restoring, maintaining and enhancing the cultural relationship and links of Iwi o Taranaki with their ancestral lands by providing opportunities for tangata whenua to use and develop their land in accordance with their culture and traditions.
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Restoring, maintaining and enhancing the cultural relationship and links of Iwi o Taranaki with the water resources of the region.
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Recognising the air resource as a taonga and protecting wāhi tapu from the intrusion of odour or visual pollutants.
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Recognising tribal rangatiratanga in the coastal environment, including the role of tangata whenua as kaitiaki of coastal resources and fishing grounds, recognising traditional management practices, protecting mahinga, mātaitai or kaimoana, recognising the impact of coastal discharges on cultural values, and protecting coastal wāhi tapu and other sites and features of cultural significance to Māori in the coastal environment. |
Objective
REL OBJECTIVE 1
To recognise and provide for the cultural and traditional relationship of Māori with their ancestral lands, water, air, coastal environment, wāhi tapu and other sites and taonga within the Taranaki region.
Policies
Land development
REL POLICY 1
The development, use or protection of iwi and hapu land will be supported in a manner, which is consistent with the purpose of the Act.
Marae development
REL POLICY 2
The aspirations of iwi and hapu concerning the development of marae, papakainga, kaumatua housing, whare wānanga, water supplies and other facilities on iwi and hapu land will be recognised and supported.
Wāhi tapu and adverse effects of resource use
REL POLICY 3
Wāhi tapu and other sites or features of historical or cultural significance to iwi, and hapu and the cultural and spiritual values associated with ancestral lands, fresh water, air and the coast, will be protected from the adverse effects of activities, as far as is practicable and in a manner, which is consistent with the purpose of the Act.
Protection of mahinga kai
REL POLICY 4
The protection and enhancement of mahinga kai within the region's water bodies will be provided for and the restoration of degraded water bodies, which are of concern to iwi will be promoted.
Natural features and landscapes
REL POLICY 5
The cultural perspectives of iwi in relation to the identification and protection of outstanding natural features and landscapes will be recognised and provided for.
Effluent disposal
REL POLICY 6
The development of land-based effluent disposal systems will be promoted and encouraged, where appropriate, in preference to effluent assimilation in water.
Protection of water bodies of significance to iwi
REL POLICY 7
The maintenance and enhancement of rivers, streams, lakes and other water bodies, which have special significance to iwi will be provided for in a manner respectful of tikanga Māori.
Protection of coastal areas of significance to iwi
REL POLICY 8
The protection of areas or characteristics of the Taranaki coastal environment, which have special significance to iwi will be provided for in a manner respectful of tikanga Māori.
Explanation of the policies
Policies 1 and 2 seek to ensure that tangata whenua face no unnecessary barriers in the development of their lands and to provide for the recognition and protection of sites and resources on ancestral lands, which are of cultural value to iwi, from the adverse effects of resource use and development.
Policy 3 recognises that some resources, places or things are of special significance to Māori. These include wāhi tapu sites and may also include archaeological sites, other historic sites or places and natural features and landscapes of cultural or traditional importance to Māori. The intention of the Policy is therefore to protect such sites or features and associated cultural and spiritual values from any adverse effects of activities as far as is practicable.
Policy 4 recognises the cultural significance of mahinga kai (areas from which food resources are gathered or propagated) within rivers and lakes to iwi and hapu and seeks to protect and enhance such areas. The Policy also aims to promote the restoration of degraded water bodies, which are of concern to iwi.
Many landscapes and natural features have significant cultural value to iwi. Through Policy 5 the identification and protection of these areas will be recognised and provided for.
Policy 6 recognises the particular abhorrence Māori have of effluent disposal to water and states that the development of land-based effluent disposal systems will be promoted and encouraged, where appropriate, in order to protect the mauri or wairua qualities of waterbodies.
Taranaki waterbodies and the coast contain sites, features, qualities and characteristics of special significance to iwi, including mahinga mātaitai, wāhi tapu, tauranga waka, taonga raranga and other taonga. When exercising their functions, powers and duties under the Act, the Taranaki Regional Council and territorial authorities will do so in a manner that is respectful of tikanga Māori (Policies 7 and 8).
Related policies
All policies in Sections 5.1 [Soil erosion]; Section 5.2 [Soil health]; Section 5.3 [Hazardous substances and contaminated sites]; Section 6.1 [Surface water allocation]; Section 6.2 [Surface water quality]; Section 6.3 [Groundwater quantity and quality]; Section 6.4 [Wetlands]; Section 6.5 [Land drainage and associated diversions]; Section 6.6 [Use of river and lake beds]; Section 6.7 [Public access to rivers and lakes]; Section 7.1 [Air quality]; Section 7.2 [Climate change]; Section 8.1 [Natural character of the coastal environment]; Section 8.2 [Coastal water quality]; Section 8.3 [Public access to the coastal environment]; Section 9 [Indigenous biodiversity]; Section 10.1 [Natural features and landscapes]; Section 10.2 [Historic heritage]; Section 10.3 [Amenity values]; Section 13 [Minerals]; Section 14 [Energy]; Section 15.1 [Sustainable urban development]; Section 16.1 [Treaty of Waitangi]; Section 16.2 [Kaitiakitanga], and Section 16.4 [Cultural and spiritual values].
Methods of implementation
The Taranaki Regional Council will:
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As appropriate, implement those methods as outlined in Part B [Resource management issues of significance] of this Regional Policy Statement in relation to the Taranaki Regional Council's functions and responsibilities regarding the use, development and protection of natural and physical resources.
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Maintain a regional plan or plans with objectives, policies and methods of implementation that will protect wāhi tapu and avoid, remedy or mitigate the adverse effects of resource use activities on natural and physical resources of significance to Māori.
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Consult with iwi and hapu with regard to the identification of places of special cultural and traditional value associated with fresh water, river and lake beds and the coastal environment, with the aim of ensuring these values are recognised and provided for in the resource consents process and, where appropriate, these places and values are adequately protected from the adverse effects of activities.
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Encourage iwi and hapu participation in riparian management.
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Support and assist iwi as appropriate, with their identification of wāhi tapu and other taonga through the development of wāhi tapu inventories, registers or 'silent files'.
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Provide advice and information to generally promote awareness of wāhi tapu and other taonga and the importance and values of such sites and values.
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Notify affected iwi of all notified resource consent applications and consult relevant iwi and hapu when they have concerns about the effects of activities on wāhi tapu and other taonga.
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Have regard to statutory acknowledgements, take into account any relevant planning document recognised by an iwi authority and lodged with the Council and recognise and provide for foreshore and seabed reserve management plans in preparing regional policies and plans.
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Protect sensitive information about the location and nature of wāhi tapu in the consent and hearing process through public exclusion and restrictions on the release of this information.
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Territorial authorities may wish to consider the following methods:
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Include in district plans, provisions for the development of marae, papakainga, kaumatua housing, whare wānanga and other facilities on iwi and hapu land.
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Include in district plans and conditions of resource consents, provisions for the protection of wāhi tapu, natural features and landscapes, and other places of cultural significance from the adverse effects of land use activities.
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Support applications by iwi authorities to become heritage protection authorities for the purpose of protecting wāhi tapu or other sites of cultural or historical significance.
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At the request of an iwi authority, consider the option of the territorial authority becoming a Heritage Protection Authority for the purpose of protecting wāhi tapu in its district.
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Recognise and provide for the cultural and spiritual significance of water to iwi in the preparation and implementation of district plans and in the processing and administration of resource consents.
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Encourage landowners to protect wāhi tapu on their properties through voluntary agreements or covenants.
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Protect sensitive information about the location and nature of wāhi tapu in the consent and hearing process through public exclusion and restrictions on the release of this information. |
Principal reasons for adopting the objective, policies and methods
The objective, policies and methods of implementation give effect to the requirements of the Resource Management Act. In particular, they establish a planning framework to address a matter of national importance under the Resource Management Act - namely recognition and provision for the relationship of Māori and their culture and traditions with their water, sites, wāhi tapu and other taonga (section 6(e)). The Taranaki Regional Council and territorial authorities must also have particular regard to kaitiakitanga (section 7(a)) and the ethic of stewardship (section 6(aa)); and take into account the principles of the Treaty of Waitangi (section 8).
The policies and methods build on current approaches to this issue. They have proven to be acceptable to date in terms of promoting effective integrated management and achieving desired environmental outcomes and are considered appropriate having regard to their efficiency and effectiveness and their benefits and costs. The policies and methods are in addition to those adopted in Part B [Resource management issues of significance] of the Regional Policy Statement, which relate to managing the wider environment and which also contribute towards recognition and provision for the relationship of Māori and their culture and traditions with their water, sites, wāhi tapu and other taonga.
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Environmental results anticipated REL ER 1 Maintenance and enhancement of the relationship of Iwi o Taranaki with water, sites, wāhi tapu and other taonga. REL ER 2 Protection of wāhi tapu and other sites and resources of cultural significance from the adverse effects associated with the use and development of natural and physical resources. |