Crown Apology

The Crown's apology to Ngati Mutunga will cover the Waitara Purchase, the subsequent wars, land confiscation, reserve lands and perpetual leases, Parihaka and the cumulative impact of these events on Ngati Mutunga.

Cultural Redress

1. Restoration of Ngati Mutunga access to traditional foods and food gathering areas, including

1(a). Customary Fisheries

Ngati Mutunga will be appointed as an Advisory Committee to the Minister of Food, Fibre Biosecurity and Border Control and the Minister of Conservation. The Committee will provide advice on the management of fisheries in the Ngati Mutunga rohe, including the customary interest of Ngati Mutunga in those fisheries and in a specified list of taonga species contained in those fisheries.

Other provisions include

• The Ministry of Fisheries will consult with Ngati Mutunga and safeguard Ngati Mutunga's existing customary fishing rights if the numbers of specified customary or taonga species (Waikoura, Korama/Cats Eyes, Kakahi/Freshwater mussels, Kotoretore/Sea Anemone, Karengo/Sea Lettuce, Kina, Piharau/Lamprey) rise to levels that make a commercial catch possible.

• A Right of First Refusal to buy a proportion of surplus Crown quota for surf clams and kina in the quota management area covering Ngati Mutunga's rohe if these species become part of the quota management system.

• Should tendering for coastal space for marine farming occur, Ngati Mutunga will have the preferential right to buy, at the tender price, authorisations to apply for up to 10% of the allocated space. Ngati Mutunga retains the right to participate in other tenders for coastal space authorisations.

• De-commercialisation of fishing for Waikoura (Freshwater Crayfish).

• A commitment from the Crown to consider a proposal from Ngati Mutunga to extend the prohibition on commercial fishermen using trawl nets and set nets to certain parts of Ngati Mutunga's rohe.

• Provision for the taking of undersized tuna (eel) as part of stocking or re-stocking of waterways and aquaculture projects.

• Protection of Ngati Mutunga's customary non-commercial interest in paua should this species become commercially viable in the Ngati Mutunga rohe.

1(b). Camping licences or Nohoanga.

This is an area of up to one hectare near a waterway which gives access to traditional sources of food. Ngati Mutunga members will have the right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year. One licence is being offered, at the Uruti Domain Scenic Reserve and the Mataro Road Conservation Area is being transferred to Ngati Mutunga for nohoanga purposes.

Recognition of Ngati Mutunga's traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within their rohe. This allows Ngati Mutunga and the Crown to protect and enhance the conservation values associated with these areas and sites and includes;

2(a). Statutory Acknowledgements

These register the special association Ngati Mutunga has with an area and will be included in the settlement legislation. They are recognised under the Resource Management Act and the Historic Places Act.

There are to be fourteen such acknowledgements;

The Mimi-Pukearuhe Coast Marginal Strip, part of Mt Messenger Conservation Area, Taramakou Conservation Area, Waitoetoe Beach

Recreation Reserve, Mimi Scenic Reserve, Mimi Gorge Scientific Reserve, Mataro Scenic Reserve, Onaero River Scenic Reserve, Onaero Coast Marginal Strip, Onaero River Marginal Strip, Urenui River Marginal Strip, the Coastal Marine Area adjoining the Ngati Mutunga rohe, the Urenui River and the Waitara River.

2(b). Deeds of Recognition

Obliges the Crown to consult Ngati Mutunga and have regard for its views regarding Ngati Mutunga's special association with a site and specifies the nature of Ngati Mutunga's input into management of those areas by the Department of Conservation. There will be ten Deeds covering the first eight listed Statutory Acknowledgements, the Urenui River and the Waitara River .

2(c). Protocols with Other Government Departments and Third Parties

The Heads of Agreement also provides for the establishment of protocols to develop good working relationships between Ngati Mutunga and the Ministry of Fisheries, the Ministry of Commerce and the Department of Conservation on matters of cultural importance to Ngati Mutunga. There will also be protocols with the Department of Internal Affairs (for the protection of newly found taonga/antiquities) and Land Information New Zealand (for the process of disposing of paper roads).

The Crown has also agreed to facilitate the development of memoranda of understanding between Ngati Mutunga and the Taranaki Regional Council and the New Plymouth District Council, the Taranaki/Wanganui Conservation Board and Taranaki Fish and Game Council, Landcare Research and the National Institute of Water and Atmospheric Research.

The protocols with Government departments will be developed in detail between the signing of a Heads of Agreement and the final Deed of Settlement.

The Ministry for the Environment will also have a role in monitoring local government and the application of the Resource Management Act in Ngati Mutunga's rohe.

2(d). Place names

One existing place name will, in future, also have an official Maori name. This is; Parininihi/Mt Messenger Scenic Reserve. Te Urinui Pa Historic Reserve will be known in future as Te Urenui Pa Historic Reserve.

Ngati Mutunga will also be notified by the New Zealand Geographic Board about future name proposals in their rohe.

2(e). Sites Transferred to Ngati Mutunga

Six areas of significance to Ngati Mutunga will be returned to the iwi. They are; Onaero Recreation Reserve, Pukemiro Historic Reserve, Te Rau o te Huia Pa Historic Reserve, Ngapapa Local Purpose Reserve (Roadmans Cottage) Urenui Conservation Area and the Mataro Road Conservation Area. The total area involved is 115.9 ha.

Ownership of 114 ha of this land, contained within the Pukemiro Historic Reserve and the Urenui Conservation Area, will be subject to covenants protecting natural values and public access.

In addition, Ngati Mutunga will receive the title to Te Urenui Pa Historic Reserve and the Otoki Pa Historic Reserve and they will administer them as reserves under the Reserves Act. The Department of Conservation may provide technical assistance on a basis to be agreed between Ngati Mutunga and the Department.

2(f). Cultural Materials

The Heads of Agreement provides for the legal use by Ngati Mutunga of existing materials in their possession derived from plants, animals, marine mammals and birds that are of importance in the maintenance of its culture.