Crown Apology

The Crown's apology to Ngati Tama 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 Tama that left the iwi virtually landless.

Cultural Redress

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

1(a). Customary Fisheries

Ngati Tama will be appointed as an Advisory Committee to the Minister of Food, Fibre Biosecurity and Border Control and the Minister of Conservation. This Committee will provide advice on the management of fisheries in the Ngati Tama rohe, including the customary interest of Ngati Tama 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 Tama and safeguard Ngati Tama's existing customary fishing rights if the numbers of specified customary or taonga species (Waikoura, Korama/Cats Eyes, Kakahi/Freshwater mussels, Kotoretore/Sea Anenome, Karengo/Sea Lettuce, Kina) 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 Tama's rohe if these species become part of the quota management system.

• De-commercialisation of fishing for Waikoura (freshwater crayfish).

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

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

1(b). Camping licences or Nohoanga.

This is an area of up to one hectare near a waterway that gives access to traditional sources of food. Ngati Tama 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 Jones Point Conservation Area and the Purupuru Conservation area is being transferred to Ngati Tama for nohoanga purposes.

Recognition of Ngati Tama's traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within their rohe. This allows Ngati Tama 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 Tama 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 sixteen such acknowledgements;

Part of the Mimi-Pukearuhe Coast Marginal Strip, part of Mt Messenger Conservation Area, Moki Conservation Area, Tongaporutu Conservation Area, Mokau Conservation Area, Mohakatino Swamp Conservation Area, Mokau River Scenic Reserve, Panirau Island Conservation Area, Mohakatino River (no 1) Marginal Strip, Mohakatino Coastal Marginal Strip, the Mohakatino River (no 2) Marginal Strip, the Mokau River Marginal Strip, the Coastal Marine Area adjoining the Ngati Tama rohe, the Mokau River, the Mohakatino River, the Tongaporutu River.

2(b). Deeds of Recognition

Obliges the Crown to consult Ngati Tama and have regard for its views regarding Ngati Tama's special association with a site and specifies the nature of Ngati Tama's input into management of those areas by the Department of Conservation. There will be ten Deeds covering most of the areas receiving Statutory Acknowledgements.

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

The Heads of Agreement provides for the establishment of protocols to develop good working relationships between Ngati Tama and the Ministry of Fisheries, the Ministry of Commerce, the Department of Conservation and the Department of Internal affairs on cultural matters of importance to Ngati Tama. A protocol will also be developed between Ngati Tama and Land Information New Zealand regarding the process for the disposal of paper roads.

The Crown has also agreed to facilitate the development of memoranda of understanding between Ngati Tama and the Taranaki Regional Council, the New Plymouth District Council, the Taranaki/Wanganui Conservation Board, 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 Tama's rohe.

2(d). Placenames

A total of 4 existing placenames will, in future, also have an official Maori name. These are; Te Hawera/Mt Davidson, Te Hawera/Mt Davidson Scenic Reserve, Parininihi/Mt Messenger, and Parininihi/Mt Messenger Scenic Reserve.

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

2(e). Sites Transferred to Ngati Tama

Nine areas of special significance to Ngati Tama will be returned to the iwi. A variety of arrangements are being entered into to ensure ongoing protection of values associated with these areas.

The Kawau Pa Historic Reserve, the Pou Tehia Historic Reserve, the Pukearuhe Historic Reserve and a pa site within the Mohakatino Conservation Area are being returned to Ngati Tama. Where appropriate these areas will have covenants to protect natural values.

An integrated management regime is to be established to cover the Whitecliffs Conservation Area, the Uruti Conservation Area, the proposed marine reserve at Parininihi and parts of the Mt Messenger Scenic Reserve and Mt Messenger Conservation Area. A board made up of equal numbers of Ngati Tama and staff of the Department of Conservation will manage the area for conservation purposes. Under this management regime ownership of approximately 2100 hectares of land within the area confiscated under the New Zealand Settlements Act of 1863 will be transferred to Ngati Tama. Natural values and public access will continue to be protected and ownership will be subject to an easement for the existing natural gas pipeline and the preservation of the existing walkway at the Whitecliffs Conservation Area.

In addition, Ngati Tama will become the administrator of the Umukaha Pt Recreation Reserve. The Department of Conservation may provide technical assistance with the management on a basis to be agreed between Ngati Tama and the Department.

The Mimi-Pukearuhe Coast marginal strip will also become an Historic Reserve.

The Crown has also agreed to discuss with the New Plymouth City Council the possible transfer of the ownership of the Tongaporutu Recreation Area to Ngati Tama subject to safeguards on public access and existing leases granted by the Crown or the Council.

2(f). Cultural Materials

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