Crown Apology

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

Cultural Redress

1. Restoration of Te Atiawa access to traditional foods and food gathering areas, including

1(a). Customary Fisheries

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

Other provisions include

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

• 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, the Ministry of Fisheries will consult with Te Atiawa and safeguard Te Atiawa's existing customary fishing rights.

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

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

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

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

1(b) Camping licences or Nohoanga.

These are areas of up to one hectare near a waterway which give access to traditional sources of food. Te Atiawa members will have the right to use these entitlements for non-commercial, lawful fishing and food gathering for up to 210 days a year. One licence is being offered and another two sites suitable for nohoanga are being transferred to Te Atiawa.

Recognition of Te Atiawa's traditional, historical, cultural and spiritual associations to 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 Te Atiawa 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 ten such acknowledgements; Tarata Conservation Area, the Meeting of the Waters Scenic Reserve, Ratapihipihi Scenic Reserve, Awe-te-take Scenic Reserve, Mahoetahi Historic Reserve, Katere Scenic Reserve, Waitara Scenic Reserve, Huatoki Stream Marginal Strip, the Waitara River and one that applies to the coastal marine area adjacent to the Te Atiawa Rohe.

2(b). Deeds of Recognition

Obliges the Crown to consult Te Atiawa and have regard for its views regarding Te Atiawa's special association with a site and specifies the nature of Te Atiawa's input into management of those areas by the Department of Conservation. There will be seven Deeds covering the seven reserves that will receive Statutory Acknowledgements.

2(c). Special Area or Topuni

This is an additional status for an existing reserve which acknowledges Te Atiawa's traditional, cultural, spiritual and historic values and associations.

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

There is one Special Area proposed for the Te Atiawa rohe; this will cover the Sugar Loaf Islands/Nga Motu.

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

The Heads of Agreement also provides for the establishment of protocols to develop a good working relationship between Te Atiawa and Ministry of Fisheries, the Department of Conservation, the Ministry Culture and Heritage and Land Information New Zealand on cultural matters of importance to Te Atiawa. A protocol will also be developed between Te Atiawa and the Land information New Zealand regarding the process for the disposal of paper roads.

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 Crown has also agreed to facilitate the development of protocols between Te Atiawa 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.

2(e). Placenames

A total of 11 existing placenames will, in future, also have an official Maori name. Three existing Maori place names will receive new Maori names and two sites currently without official names will be named. Te Atiawa will also be notified by the New Zealand Geographic Board about future name proposals in their rohe (see attached list).

2(f). Sites Transferred to Te Atiawa

Four areas of significance to Te Atiawa, the Omata Road Conservation Area, Taumata Historic Reserve, Kerekereinga Conservation Area and Waionganga Stream Conservation Area, will be returned to Te Atiawa. Two of the sites are intended to be used for camping licenses or nohoanga. These are small sites that cover a total of 1.5 hectares.

Two existing reserves will have their status changed. The reclassified Manukorihi Recreation Reserve will become an historic reserve to be called Ngangana Pa Historic Reserve and the Crown Land Conservation Area will become the Rewa Rewa Historic Reserve.

In addition, Te Atiawa will receive the title to the Awe-te-take Pa Historic Reserve and the Pukerangiora Pa Historic Reserve and they will administer them as reserves under the Reserves Act. These reserves cover a total of 18.7 hectares.

Te Atiawa will also become administering body for the Ngangana Historic Reserve, the Waiwhakaiho Rd Conservation Area, the Rewa Rewa Historic Reserve (formerly the Crown Land Conservation Area), the Sentry Hill Redoubt Historic Reserve, the Puketarata-Parihamore Pa Historic Reserve and the Puketetauere Pa Historic Reserve. The Department of Conservation may provide technical assistance on a basis to be agreed between Te Atiawa and the Department for the administration of these reserves.

2(g) Cultural Materials

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