Heads of Agreement - Ngati Ruanui

The Ngati Ruanui Heads of Agreement is made up of a package which includes;

1. An agreed historical account (the basis for the Crown Apology),
2. Cultural redress,
3. Commercial redress.

No private land is involved in the redress, only Crown assets.

The benefits of the settlement will be available to all members of the iwi wherever they may live.

Crown Apology

The Crown will apologise to Ngati Ruanui for past dealings which breached the Crown's obligations under the Treaty of Waitangi and left Ngati Ruanui largely without land in spite of the iwi's desire to retain land. Much of the land returned to Ngati Ruanui was, as a result of the perpetual leases imposed by the Crown, no longer under the iwi's control.

Cultural Redress

Restoration of Ngati Ruanui access to traditional foods and food gathering areas, including;

1(a). Customary Fisheries

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

Specific provisions are

• The Ministry of Fisheries will consult with Ngati Ruanui and safeguard Ngati Ruanui's existing customary fishing rights if the numbers of specified customary or taonga species (Blue Mussel, Kuku/Greenlipped Mussel, Piharau/Lamprey, Pipi, Waikaka/Mudsnail, Pupu/Catseye and Kina) rise to levels that make a commercial catch possible.

• The Minister of Conservation will consult with Ngati Ruanui on all matters concerning the management of taonga freshwater fisheries by the Department of Conservation.

• De-commercialisation of fishing for Waikoura and acknowledgement of the existing prohibition on Piharau/Lamprey as a target species

• 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 Ruanui's rohe if these species become part of the quota management system.

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

• A commitment from the Crown to consider a proposal from Ngati Ruanui to apply a prohibition on commercial fishermen using trawl nets and set nets to certain parts of Ngati Ruanui'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 Ruanui's customary non-commercial interest in paua should this species become commercially viable in the Ngati Ruanui rohe.

1(b). Camping licences or Nga Ukaipo.

These are areas of up to one hectare near a waterway which give access to traditional sources of food. Ngati Ruanui members will have the right to use these entitlements for non-commercial, lawful fishing and food gathering for up to 210 days a year. The licences do not affect existing public access to waterways. There are four.

Recognition of Ngati Ruanui's traditional, historical, cultural and spiritual association with places and sites owned by the Crown within their rohe. This allows the Crown and iwi 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 Ruanui 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 six such acknowledgements; Nga Waka Taurua Hukatere (part of an existing conservation site), Otoki Gorge Scenic Reserve, the Coastal Marine Area adjoining the Ngati Ruanui rohe, the Tangahoe River, the Whenuakura River and the Patea River.

2(b). Deeds of Recognition

Obliges the Crown to consult Ngati Ruanui and have regard for its views regarding Ngati Ruanui's special association with a site and specifies the nature of Ngati Ruanui's input into management of those areas by the Department of Conservation and/or the Commissioner of Crown Lands.

There will be four deeds, covering the Otoki Gorge Scenic Reserve, the Tangahoe River, the Whenuakura River and the Patea River.

2(c). Special Areas or Nga Poipoia o Ngati Ruanui

This is an additional status for some existing conservation areas which acknowledges Ngati Ruanui's traditional, cultural, spiritual and historic values and associations.

Special Area status requires the Minister of Conservation and Ngati Ruanui to develop and publicise a set of principles which will assist the Minister to avoid harming or diminishing Ngati Ruanui values in each of the Special Areas. The NZ Conservation Authority and Taranaki/Wanganui Conservation Board will also be required to have regard to the principles and consult with Ngati Ruanui.

There are two such areas proposed for the Ngati Ruanui rohe; Wai-ariki, part of the Waitotara Conservation Area, and Tahekeroa, part of the Tarere Conservation Area.

2(d). Protocols with Government Departments and Third Parties

The Heads of Agreement also provides for the establishment of protocols to develop a good working relationship between Ngati Ruanui and the Ministry of Commerce, the Ministry of Fisheries and the Department of Conservation on cultural matters of importance to Ngati Ruanui.

The Crown has also agreed to facilitate the development of protocols between Ngati Ruanui and Regional and District Councils, the Taranaki/Wanganui Conservation Board and Taranaki Fish and Game Council.

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

Ngati Ruanui will also be able to express their views to the Ministry for the Environment on the application of the Treaty and relevant parts of the Resource Management Act in Ngati Ruanui's rohe. The Ministry will also monitor the performance of Local Bodies in Ngati Ruanui's rohe in relation to these matters.

2(e). Placenames

One place name will be changed (Lake Kaikura to Lake Pipiri, the spelling of one name will be changed (Mangimangi Stream to Mangemange Stream) and three sites currently without official names will be named (Whitikau, Maraeroa and Te Ramanui).

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

2(f). Sites Transferred to Ngati Ruanui

Four areas of significance to Ngati Ruanui, the Rehu Village Conservation area, land adjacent to the Waingongoro River, a Pa site within the Otoki Gorge Scenic Reserve and the Omoana Quarry Reserve, will be returned to the iwi. These sites total approximately 10 ha.

Two other areas of significance to Ngati Ruanui will be vested in the iwi to administer under the Reserves Act. These are the Makino Scenic Reserve, and the Kaikura Conservation Area.

The Crown will also discuss with the Stratford District Council and the South Taranaki District Councils the status of the Turuturu Mokai Historic Reserve and the land on which the Whakaahurangi Marae is located.