PARLIAMENT SELECT COMMITTEE Parliament Buildings Wellington 26 January 2015 SUBMISSION TO ; HAWKES BAY REGIONAL PLANNING COMMITTEE BILL

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1 PARLIAMENT SELECT COMMITTEE Parliament Buildings Wellington 26 January 2015 SUBMISSION TO ; HAWKES BAY REGIONAL PLANNING COMMITTEE BILL MAORI COMMITTEE BILL Tena koe RE: Inclusion of representation of the UPPER MOHAKA KAITIAKI COLLECTIVE to the Maori Committee (JPC) Joint Planning committee Hawkes Bay Regional Council. We refer to the above roopu seeking inclusion as a large natural grouping (LNG) to the proposed membership of the Hawkes Bay Regional Council,Maori Committee Joint Planning Committee (JPC) The "Collective" is a grouping of Ahu Whenua Trusts pursuant to sec 216 Te Ture Whenua Act 1993 who are landbased and situated within the Northern Hawkes Bay Taupo region. In particular the Collective has legal governance over recourses destined within the boundaries of the proposed Bill referred that have been formally acknowledged by the (JPC) todate The Collective was formed in 2012 with a current beneficial owner base in excess of some 15,000 members and administers some 75,000 ha of land including the riparian of the Upper Mohaka river and the tributaries thereof.the Collective is also a claimant to specific cultural and commercial interests affected by the Crowns actions last century and during the late 1800,s. The mandate of the Collective is endorsed by the Chairpersons of the associated Trusts referred. The Collective was intially set up to manage land and watēr within its control which has extended to environmental interests that are part and partial of Ngati Kurapoto, an iwi of Tuwharetoa that has Mana Whenua interests refered to in the Waitangi Tribunal Report (He Maunga Rongo 2008} The collective is also currently acknowledged and represented on the Joint Planning Committee of the Hawkes Bay Regional Council and seeks formal membership accordingly. Please advise if you require further information in support of the submission. Heoi ano of Topia Rameka obo UMKC Contact: The Secretary `,, +. Upper Mohaka Kaitiaki Collective P O Box 7366 Taradaie H8

2 ', s F } i, r, 3 ;s ' ; ' ^'? I Waipahiiti Marae'faupo, 22 May 2012 Attendances: Jim Maniapoto, Peter Eden, Harry Satchell, Whakakotahi Wall, Topia Rameka, Harvey Karaitiana, Nigel Baker, Peter Ciarke Faith Walker, Derek Henderson, Molly Koko, Susan Baker, Mata Knight. 62esolution That the sec 215 Ahu Whenua Trusts of the Upper Mohaka catchment namely East Taupo Lands, Wiremu Rahui, Te Matai 2 & 2 Trusts, Runanga 2e, Runanga 2C2B1, Runanga 2C2B2, Runanga X302, resolved to forma "Kaitiaki" collective to; 1) Uphold the cultural values of nga hapu and whanau, as defined in sec 6e, 7a & B of the Resourse Management Act,including Kaitiakitanga of the Upper Mohaka region, its whenua, awa, ngahere and wahi tapu 2) Notify local and central government that the Kaitiaki Collective is made up of statutory bodies appointed to manage a land base of some 52>000 ha in the Upper Mohaka catchment including the river bed, from its source to the confluence of the Ripia River (plan attached) Appointments of representation Nigel Baker / Jim Maniapoto Resolutions supported by; Moved CWall / H Satchell carried unanimous. Jim Maniapoto Harry Satchell Peter Eden Tapia Rameka East Taupo Lands Trust Runanga 2c2b1 Trust Te Matai Not&2 Blocks Trust Pahautea Lands Trust Nigel Baker Peter Clarke Whakakotahi Wall Harvey Karaitiana Wiremu Rahui Trust Runanga 2c2b2 Trust Runanga 2c3d2 Trust Runanga 2e Trust Copies to: Hawkes Bay Regional Council, Mike Mohi, Enviroment Waikato, Tuwharetaa Settlement Trust, Tuwharetoa Trust Board, Taupo District Council, Office oftreaty Settlements Maori Land Court I?ated : i i

3 , s ; r ^ ' _ ';.a 1 x:.wh.} ;:...,; f i tf,.: :. t r; = `',,'.<. ;., r : '.`= r, Z 5 % 10 tz ts ' f tffi.ffi. Si _ 2:L. Y Gefsan.: wrshia relp an!he intomxalion shown on th;s map mus! ntlepemenlly Ih veray iniori C,., *. '. t t"a'`s' t' '. 25Km ' t ;,

4 e. i %' : ;* Y..,% j +, ` ā Wai 2396 ia1ern1c the Treaty of Waitangi Act 1975 i ;, yr a claim by James Maniapoto on behalf of East Taupo Lands Trust; Harry Satcheii on behalf of Runanga 2C2B1 Trust; Peter Eden on behalf of Te Matai No.1 and No. 2 Blocks; Nigel Baker on behalf of Pahautea Lands Trust and Wiremu Rahui Trust; Peter Clarke on behalf of Runanga 2C2B2; Whakakatahi Wall on behalf of Runanga 2C3D2 Trust; Eru George on behalf of Runanga 2E Trust; and Abraham Seymour on behalf of Owhaoko Land Trusts; the trusts collectively comprising the Upper Mohaka Kaitiaki Collective ; ;., ; ;,... f ;. r r.....` y : : The Registrar will please enter this matter on the register of claims and give it the next available Wai number. The register should note that the claim was received on 18 December 2012 with further information received on 5 Juiy 2013 and 31 July The claimants should please take note of the `Wai' number reference at the tap of the page. Pleas; use this claim number in any communication with the Tribunal. This claim is lodged by James Maniapoto on behalf of East Taupo Lands Trust; Harry Satchel) on behalf of Runanga 2C2B1 Trust; Peter Eden on behalf of Te Matai No.1 and No. 2 Blocks; Nigel Baker on behalf of Pahautea Lands Trust and Wiremu Rahui Trust; Peter Clarke on behalf of Runanga 2C2B2; Whakakotahi Wail on behalf of Runanga 2C3D2 Trust; Eru George on behalf of Runanga 2E Trust; and Abraham Seymour on behalf of Owhaoko Land Trusts; the trusts conectively comprising the Upper Mohaka Kaitiaki Collective. The claimants allege that they are prejudicially affected by the government's current policy which does not recognise that Māori in general hold priority rights in terms of the usage of fresh water resources. The claimants allege that this policy is in breach of the Treaty principle of allowing Māori to retain possession, ownership and/or control of all taonga, in this instance being the control of fresh water resources. The claimants also allege that they will suffer prejudice as a result of the Office of Treaty Settlement's policy concerning Large Natural Groupings.

5 The claimants seek a variety of relief, including that the Tribunal make findings that: Usage of fresh water adjoining land owned or controlled by Māori is a taonga within the meaning of article two of the Treaty of Waitangi; Usarde rights pertaining to fresh water coming from or flowing through land owned by (Māori is a commodity capable of legal ownership by the adjoining Māori land owners; An exercise by Māori of these usage rights shall be a right harvestable in priority to similar rights vested in other interest groups, including the Crown; and The usage rights apply equally regardless of whether the subject fresh water is retained within the affected land or, alternatively, as a rate of flow. To the extent, if at all, that the claimants seek the return of land that is private land, the Tribunal notes that it may not recommend that this land be returned to Māori ownership. There are a few exceptions such as where the land is Crown forest land, or where land is owned by a stateowned enterprise. Tribunal recommendations about Crown forest and stateowned enterprise land are in a special category, because they may be binding on the Crown. The claimants may amend this claim at a later stage. In any case the Tribunal will require the claimants to prepare a fully parttcuiarised statement of claim before the claim can be heard. When the time comes for the claim to be prepared for hearing, the Tribunal will decide whether there are any matters in the present claim that the Tribunal may not inquire into: The claimants need to be aware that there are some matters that the Tribunal is iot allowed to inquire into, such as any Bill that has been introduced into Parliament (unless the Bill has been referred to the Tribunal under section 8 of the Treaty of Waitangi Act 1975). Also, when historical claims are settled, the settlement legislation usuaay forbids the Tribunal from inquiring further into the matters that have been settled. The Tribune( runs a district inquiry programme, where claims are grouped by district. This claim, although arising in relation to a specific geographical area, pertains to Crown policy concerning fresh water, and as such is a kaupapa, or generic issue claim. It is unknown when the Tribunal will inquire into such generic issues. More information will be issued about this when a plan is made The claimants also need to be aware that the Tribunal does not make settlements. After the Tribunal has completed an inquiry into claims, it writes a report making recommendations to the Crown. It cannot tell the Crown what to do; it may only recommend that the Crown acts to address the negative consequences of its breaches of the principles of the Treaty. Any questions about the contents of this document should be directed to The Registrar, Waitangi Tribunal, DX SX 11237, Wellington; phone (04) , fax (04) t'1; wt.re isq trar(u7justice.govt.nz. 2.,,,

6 The Registrar is to send a copy of this direction to the claimants and to; Crown Law Office Office of Treaty Settlements Crown Forestry Rental Trust Legal Aid Services Te Puni Kōkiri A'at'E at Hamilton this 14th day of August 2013 Judge S Te A Milroy Deputy Chairperson 1IIiASiA tē i"iie3><ltla t ;