Settlement between the Crown and the Pouakani people
Deed of Settlement between the Crown and Te Uri o Hau

 

General Background

Summary of Historical Background

Deed of Settlement

Crown Apology

Cultural Redress

Commercial Redress

Questions and Answers

Cultural Redress

1. Restoration of Te Uri o Hau access to traditional foods and food gathering areas, including

1(a). Customary Fisheries

Te Uri o Hau will be appointed as an Advisory Committee to the Minister of Fisheries. This Committee will provide advice on the management of fisheries in the Te Uri o Hau rohe, including the customary interest of Te Uri o Hau in those fisheries generally and the toheroa, shark, ray, flounder, snapper, kahawai and mullet fisheries in particular.

Other provisions include

  • The Ministry of Fisheries will consult with Te Uri o Hau and safeguard Te Uri o Hau's existing customary fishing rights, if the numbers of toheroa 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, tuatua, paddlecrab and toheroa in any quota management area covering Te Uri o Hau's rohe if these species become part of the quota management system.

  • A commitment by the Crown to consult with Te Uri o Hau should they propose to include the Pouto Lakes eel fisheries within the application of the Fisheries (Kaimoana Customary Fishing) Regulations.

  • A commitment to consider restrictions on certain eel fishing methods in the Pouto Lakes and applications to relocate elvers within waterways in Te Uri o Hau's rohe

  • An agreement by the Crown to make regulations to define the existing oyster reserves in parts of the Kaipara Harbour (established in 1913 as a reserve exclusive to Te Uri o Hau), and provide for a management structure nominated by Te Uri o Hau to manage customary food-gathering of oysters in the reserves.

1(b). Nohoanga.

This is an area of up to one hectare of Crown-owned land near a waterway that gives access to traditional sources of food. Te Uri o Hau members will have the right to use this entitlement for non-commercial, lawful fishing and food gathering for up to 210 days a year.

Three nohoanga are being offered and will be located in the Pouto and Kahuparere Stewardship Areas.

2. Recognition of Te Uri o Hau's traditional, historical, cultural and spiritual associations to places and sites owned by the Crown within their rohe. This allows Te Uri o Hau and the Crown to protect and enhance the values associated with these areas and sites and includes

2(a). Statutory Acknowledgements

These register the special association Te Uri o Hau has with an area of Crown-owned land 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:

The Mangawhai Marginal Strip, the Oruawharo River Stewardship Area, the Pouto Stewardship Area, the Pukekararo Scenic Reserve, the Kaipara Harbour and the Mangawhai Harbour.

2(b). Deeds of Recognition

These oblige the Crown to consult Te Uri o Hau and have regard for its views regarding Te Uri o Hau's special association with a site on Crown-owned land and specify the nature of Te Uri o Hau's input into management of those areas by the Department of Conservation.

There will be four Deeds covering the Mangawhai Marginal Strip, the Oruawharo River Stewardship Area, the Pukekararo Scenic Reserve and the Pouto Stewardship Area.

2(c). Special Areas or Kirihipi

This is an additional status for some existing conservation areas that acknowledges Te Uri o Hau's traditional, cultural, spiritual and historic values and associations.

Special Area status requires the Minister of Conservation and Te Uri o Hau to develop and publicise a set of principles which will assist the Minister to avoid harming or diminishing Te Uri o Hau values in each of the Special Areas. The NZ Conservation Authority and Northland Conservation Board will also be required to have regard to the principles and consult with Te Uri o Hau. It is the same concept as a Topuni in the Ngai Tahu settlement

There are two such areas proposed for the Te Uri o Hau rohe; the Tapora Government Purpose (Wildlife Management) Reserve and the Pouto Stewardship Area.

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

The Deed of Settlement establishs protocols to ensure good working relationships between Te Uri o Hau and the Ministry of Fisheries, the Ministry of Economic Development , the Department of Conservation and the Ministry of Culture and Heritage on cultural matters of importance to Te Uri o Hau.

The Crown has also agreed to encourage the development of memoranda of understanding between Te Uri o Hau and the Kaipara District Council, the Rodney District Council, the Northland Regional Council and the Auckland Regional Council.

2(e). Placenames

A total of 5 existing place names will, in future, also have an official Maori name. These are: Whakapirau / Rocky Point, Lake Karoro/ Mathews, Pukepohatu/Bald Rock,Puroa/Boar Hill, Whakapaingarara/Tapu Bush.

In addition, Maungaturoto Scenic Reserve will be renamed the Pukeareinga Scenic Reserve, Pukearenga will be known as Pukeareinga, the name of Waikere Creek will be changed to Waikeri Creek, and the Tapora Government Purpose (Wildlife Management) Reserve will be known as Manukapua Wildlife Reserve.

Seven sites not currently named will receive official names.

Te Uri o Hau will also be notified by the New Zealand Geographic Board about future name proposals in their rohe.

2(f). Sites Transferred to Te Uri o Hau

Eleven areas of special significance to Te Uri o Hau on Crown-owned land will be returned to them. A variety of arrangements are being entered into to ensure ongoing protection of values associated with these areas, where appropriate.

These include: an urupa which is currently part of the Pukekaroro Scenic Reserve, that part of the Whakahuranga Pa site in the Oruawharo River Stewardship Area, that part of the Humuhumu Lake Bed owned by the Crown, part of the Maungatoroto Scenic Reserve, an ancestral burial site in the Pouto North Stewardship Area, the Whakapirau Cliffs which are part of the Rocky Point Marginal Strip, the Horokako Stewardship Area, 0.6 hectares at the Pouto Road End, wahi tapu sites in the Pouto Forest, a pa site on an Historic Reserve in Dargaville and a site in the Okahukura Stewardship Area. A total of approximately 30 hectares is involved.

Te Uri o Hau and the Kaipara District Council will also form a joint administering body to manage an Historic Reserve in Dargaville that is owned by the Crown. The Reserve is the site of the pa of Te Uri o Hau's eponymous ancestor, Haumoewaarangi.


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