Ngāti Pāhauwera Development Trust

Ngāti Pāhauwera Development Trust | Takutai Moana

Marine and Coastal Area (Takutai Moana) Act Ratification Hui Dates

The Trustees of the Ngāti Pāhauwera Development Trust and the Crown have initialled a recognition agreement for Customary Marine Title under/in accordance with the Marine and Coastal Area (Takutai Moana) Act 2011 over part of the Ngāti Pāhauwera rohe moana. The agreement will only be signed if it is ratified by the members of Ngāti Pāhauwera.

The Trustees invite Ngāti Pāhauwera members to attend the following ratification hui to hear about the recognition agreement and vote on whether or not to ratify it.

Members of Ngāti Pāhauwera will be asked to vote on the following resolutions:

1. I, as a member of Ngāti Pāhauwera, agree to accept the Ngāti Pāhauwera Recognition Agreement.
2. I, as a member of Ngāti Pāhauwera, agree that the Trustees of the Ngāti Pāhauwera Development Trust will be the customary marine title representative group for the Ngāti Pāhauwera Recognition Agreement.

Voting will take place at the hui below:
Kahuranaki Marae, Te Hauke                                      20 July 2017 at 6pm
Waipapa A Iwi Marae, Mohaka                                   22 July 2017 at 10am                                                 Te Taiwhenua O Heretaunga, Hastings                      30 July 2017 at 10am

You must be registered with Ngāti Pāhauwera Development Trust and 18 or over to vote. Registration forms will be available at the ratification hui. The outcome of voting will be published at www.ngatipahauwera.co.nz on 7 August 2017. If the members of Ngāti Pāhauwera vote to ratify the agreement, the Trustees will sign it and the Crown will give effect to it through legislation.

Ngāti Pāhauwera members can submit submissions, comments, questions or concerns or access information including the full recognition agreement:
– at the Trust offices in 74 Queen Street, Wairoa and 15 Shakespeare Road, Napier
– call (06) 838 6869 or email admin@npdt.co.nz
– go to our facebook page search: Ngāti Pāhauwera Facebook

To view the Deed of Agreement – please click below:

Ngāti Pāhauwera Deed of Agreement in Relation to the Marine and Coastal Area

To view the information booklet – please click below:

Ngāti Pāhauwera Ratification Booklet

To view the documents relating to the process of determination including the decision, evidence and reports on the Ministry of Justice website please click here 

HISTORY

Ngāti Pāhauwera protested the Foreshore and Seabed Act, then on various different stages of the Foreshore and Seabed Act review. Our focus was trying to ensure that any changes to that Act or any new Act include better legal mechanisms to support the fact that our moana is ours as kaitiaki and we cannot concede it anyone.

The Foreshore and Seabed Act was passed and in 2005 Wayne T Taylor on behalf of Ngāti Pāhauwera filed an application for a Customary Rights Order. Ngāti Pāhauwera decided to test whether we could achieve anything by obtaining a Customary Rights Order. We are the only group to have had an application heard in the Māori Land Court, in February 2008 at Mohaka. Less than a month after the hearing at Mohaka, the Crown wrote to us to discuss the settlement of our Treaty of Waitangi and Foreshore and Seabed claims.

The three sets of litigation (remedies, section 30 order review and customary rights order applications) were adjourned and Ngāti Pāhauwera and the Crown signed Terms of Negotiations in May 2008, beginning formal negotiations. In 2010, the Ngāti Pāhauwera Deed of Settlement was passed. In 2011, the Marine and Coastal (Takutai Moana) Act 2011 was passed and in 2012, Ngāti Pāhauwera resumed discussions with the Crown regarding our Takutai Moana application, rather than taking the case to the High Court.

FOCUS

Our obligations of kaitiakitanga are absolute. We will use every means we can to protect our tāonga for future generations which is why this application is so important. From the beginning the focus of the Ngāti Pāhauwera Development Trust has been protection of our awa, moana, and whenua. Our awa and the moana are polluted and over-fished, the aim is not to exclude others from coming in to the area it is for them to be aware of our tikanga and to respect the awa and moana in our rohe. The Trust gathered new evidence and evidence stretching right back for our Marine and Coastal Area (Takutai Moana) Act application. This video is a snapshot of some of the evidence provided.

Ngāti Pāhauwera Ratification video

CURRENT APPLICATIONS

Engagement with the Crown

Ngāti Pāhauwera applied under Marine and Coastal Area (Takutai Moana) Act 2011 for:

  • Customary Marine Title (CMT)
  • Protected Customary Rights (PCRs)
  • Wāhi Tapu protection

For a map of the area under application Click here

The current application is for a defined area with no shared interests from Poututu Stream to the Pōnui Stream and out 12 nautical miles (22km) to sea.

Ngāti Pāhauwera evidence includes:

  • Previous Waitangi Inquiries, dating back to 1990 (affidavits, research reports, video evidence)
  • New evidence from 2013 and 2014 (affidavits, research and video evidence)
  • Joint Report agreed to by both Ngāti Pāhauwera and the Crown (includes results from third party enquiry (e.g. neighbouring tribes, recreational and public users)
  • Legal arguments

The Minister has made the Trustees an offer and we are in the process of holding ratification hui.

High Court

We have lodged a further application for a wider area including the Waikare river and south to the Esk, based on the korero from Te Kahu o Te Rangi. This will involve neighbouring hapu/iwi with shared traditional and current interests.

For a map of the area under application Click here. This High Court application will also include the majority of the area in the first application.

For more information:

On the Takutai Moana Act

A copy of the Act itself

The Ngāti Pāhauwera application

MEDIA CONTACT

Media contact and enquiries: Please contact the Trust via bonny.hatami@npdt.co.nz  or 06 8343808