Te Tapatoru a Toi. (Joint Management Committee) The first report of the committee Te Tohu Whakatutukitanga to the Minister of Conservation

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1 Te Tapatoru a Toi (Joint Management Committee) The first report of the committee Te Tohu Whakatutukitanga to the Minister of Conservation February 2006 to October

2 Table of Contents Paragraph: Particulars Page 1 Foreword (He Kupu Whakataki) 1.1 Chairperson s Synopsis 1.2 Commissioners Report Background (Karapoitanga) 8 3 Vision and Objectives 9 (Tohu Tumanako me nga Whakatinga) 4 Committee Members Profile 10 (Huanga ahuatanga) 5 Sub Committees (Nga Komiti Tuarua) 13 6 Functions and delegated powers 14 (Mana Whakaritenga) 7 Strategic directions and Priorities 15 (Nuku Aronga Kohukihuki) 2

3 8 Evaluation and Performance Review (Wairutanga a Whakakitenga) 17 Appendix 1 Subpart 5 (Section 71 87) of the Ngati Awa Claims Settlement Act 2005 (NACSA) 20 Appendix 2 Functions and delegated powers (Mana Whakaritenga) 21 Appendix 3 Kawa Me Nga Tikanga 25 Appendix 4 Te Tapui Tokotoru Conservation Management Plan 26 3

4 1. FOREWORD (Kupu whakataki) 1.1 Chairperson s synopsis It is indeed a privilege to present a Chairperson s synopsis to this First Report and to convey on behalf of Te Tapatoru a Toi (The Joint Management Committee) its gratitude for the opportunity to report on the aspirations, tribulations and achievements thus far regarding the desired outcomes as expressed in its Strategic Direction and priorities. As widely recognised the Joint Management Committee has its genesis in the settlement by statute of the Ngati Awa Waitangi 46 Claim which makes it a unique statutory body that conveys cognisance of an endeavour to exercise the dynamics of the three Articles of the Treaty of Waitangi. During its tenure Te Tapatoru a Toi has been inspired by the collective prudence of Ngati Awa s repositories of cultural, tribal and environmental wisdom and knowledge, the astute guidance of a very supportive Commissioner and his staff, the industrious vigour of the Department of Conservation and the staff of the Bay of Plenty Conservancy. I will also take this opportunity to acknowledge the Members of this committee who have demonstrated a genuine desire not only to apply governance jurisprudence but also to acknowledge and give effect to Ngati Awa s traditional and cultural imperatives regarding the three iconic sites under its management, Moutohora (Whale Island) Wildlife Management Reserve, Ohope and Tauwhare Scenic Reserves which is reflected in the recommendation by non Maori members of the Committee to adopt an equivalent Maori name hence, Te Tapatoru a Toi which implies a triangle paradigm which indeed in turn has created a vibrant tapestry of its conservation management landscape. 4

5 For the sake of avoiding the temptation to replicate key messages that is expressed elsewhere in this First Report, I will comply with the prudence of brevity and conclude my synopsis by reciting the following Whakatauaki (Proverb). Ma te ngaruru o nga Tonga Koiora me nga Taonga tuku iho o nga Tapui Tapatoru Ka noho momoho enei Whenua Rahui Whakatiketike As the Ecological and cultural heritage values of these three iconic sites flourish, opportunities abound Te Kei Merito Chairman 5

6 1.2 Commissioners Report This report covers the performance of the Department of Conservation in respect to its responsibilities to Te Tapatoru a Toi (Joint Management Committee) during the period which commenced with their initial orientation meeting held on the 1 st February 2006 until 31 October Te Tapatoru a Toi provides the vehicle for the Department and Te Runanga o Ngati Awa to cooperatively plan for and manage the three special places for conservation purposes, Moutohora (Whale Island) Wildlife Management Reserve, Ohope and Tauwhare Pa Scenic Reserves. The Ngati Awa Deed of Settlement 27 th March 2003 requires that the Minister, the Director General, the NZ Conservation Authority and the Bay of Plenty Conservation Board must consult with and have regards to the views of Te Tapatoru a Toi in managing these places. The other key responsibility for the Department is to provide administrative support for Te Tapatoru a Toi, reimburse members for their expenses, provide them with information, ensure that a chairman is elected, ensure a minimum of two meetings are held each year, to provide an annual Business Plan for operations at those places and implement it to the satisfaction of Te Tapatoru a Toi. I can report that all of the Department s responsibilities have been discharged as required during this initial period. As expected, the minimum requirement of two meetings per annum for Te Tapatoru a Toi proved inadequate for the amount of business expected of the Committee. To date the Committee has met eleven times, made two field trips and the Conservation Management Plan subcommittee has met at least four times. 6

7 Admittedly there has been an elevated level of activity for the Committee through this period of formation and consolidation, significantly contributed to by the need to prepare foundation documents such as the kawa (a Code of Conduct) document for the Committee and a new combined Conservation Management Plan (CMP) for the three Reserves. However it is difficult to envisage the demands on the Committee diminishing after the completion of these very important documents, given the ongoing and increasing demands for guidance and decisions. The Committee has direct delegation from the Minister of Conservation to approve activities such as research and the taking of hangi stones from Moutohora. Considerable time has been spent by the committee giving consideration to applications for research purposes and also to proposals for translocations of rare and endangered species from and to Moutohora. Each year the Department has discussed with the Committee the budget required for their support and administration. This year we will commence consultation with the Committee over proposed work within the areas of their interest during the Business Planning process for 2009/10. The development of best practice for dealing with the volume of communications and requests of the Committee has been ongoing. This is an aspect where the Department has struggled to always effectively manage the demands and timeline imposed on the Committee by external pressures. Many of these requests came with unrealistic expectations, given the time frame available for the committee to; receive the application/request, source relevant information, give consideration and form a decision. The new CMP requires of the Department to prepare a Research Strategy for the three places the Committee are responsible for. Once available, this Strategy will greatly aid and speed up the process for the Committee during their deliberations over applications for research. The Department and Te Tapatoru a Toi have navigated a lot of unchartered waters together during this period, which reflects that this was a unique establishment with no institutional knowledge of how it should work. Collaboratively we have been able to work through and solve most of the challenges that we encountered and Departmental staff in particular, have developed important and essential skills during the process. I feel that this success, more than anything else, is a very strong indication that we have started an enduring relationship. John Sutton Area Manager 28/08/08 7

8 2. BACKGROUND (Karapoitanga) The Joint Management Committee was established under Subpart 5 (Sections 71 87) of the Ngati Awa Claims Settlement Act 2005 ( NACSA ). The committee is an integral part of the cultural redress package agreed between the people of Ngati Awa and the Crown for settlement of historical Treaty of Waitangi claims. The committee is established and appointments formally made by the Minister of Conservation. The committee is a statutory board which offers a unique and exciting opportunity for the Crown and Ngati Awa to give effect to co operative conservation management and planning for specified reserve areas which are of regional and national ecological and cultural significance. The committee held its inaugural meeting on 1 February At that meeting, the six appointed members resolved that it was appropriate to recognize the formation of the committee, its uniqueness and special relationship with Ngati Awa and its rohe/region of influence. It was decided at the September 13 th 2007 meeting to refer to the committee as Te Tapatoru a Toi. The meaning and significance of Te Tapatoru a Toi is that it describes the committee as a unique triangle that is the kaitiaki of taonga within the bounds of the land and sea associated with the ancestor Toi. The triangle (Tapatoru) represents; The three iconic articles of the Treaty of Waitangi; a) Article I Goverance The Department of Conservation b) Article II Kaitiakitanga/Tinorangatiratanga Ngati Awa c) Article III Citizenship The Public of New Zealand The three reserves managed by Te Tapatoru a Toi are; a) Moutohora (Whale Island) Wildlife Management Reserve, b) Ohope Scenic Reserve, and c) Tauwhare Pa Scenic Reserve. 8

9 3. VISION AND OBJECTIVES (Tohu Mohukihuki, Tohu Whakaotinga) 3.1 The vision of Te Tapatoru a Toi is that the communities and agencies represented by Te Tapatoru a Toi cherish the taonga entrusted to them and are working together for the preservation and protection of the natural and cultural values that make them significant, and promotion of these to all New Zealanders. 3.2 The objectives of Te Tapatoru a Toi are as follows: a) To fulfill the statutory functions and powers assigned under the NACSA in an open and transparent manner; b) To provide sound leadership, vision and strategic direction for the future cooperative conservation management of the jointly managed reserve areas; c) To recognize and respect the various interests and values that each member represents; and d) To support and encourage the development of relationships and appropriate management of the jointly managed reserves areas having regard to the regional and national ecological and cultural significance. (Moutohora (Whale Island) Wildlife Management Reserve (Ngati Awa) 9

10 4. COMMITTEE MEMBERS PROFILES (Huanga Whakaaturanga) Te Tapatoru a Toi comprises of six members appointed by the Minister of Conservation. Including: Two members nominated by the Director General of Conservation; Three members nominated by Te Runanga o Ngati Awa; and One member nominated by the Bay of Plenty Conservation Board. The inaugural members of Te Tapatoru a Toi were appointed by the Minister on 1 November 2005 (NZ Gazette 2005/5132) for a term of five years. The inaugural members are: 4.1 Mr Te Kei, Wilson, MERITO (Committee Chairperson) Mr Merito is a highly respected kaumatua of Ngati Rangataua and Ngati Pukeko and is widely acknowledged as a Pukenga (Cultural Expert) of Ngati Awa. Mr Merito served as Chairman of Te Komiti Taiao o Ngati Awa for more than sixteen years and during that time he made significant contributions to the development of kaitiakitanga within the takiwa of Ngati Awa and throughout the Bay of Plenty region. Currently Deputy Chairman, Te Runanga o Ngati Awa; Hapu Delegate Rangataua Hapu of Ngati Awa; Former Chairman Te Komiti Taiao o Ngati Awa; Currently employed as Kaihatu Kaupapa Atawhai, (Principal Indigenous Conservation Ethics), Department of Conservation. 4.2 Mr John, HOHAPATA OKE (Committee Deputy Chairperson) Ngati Hikakino, Chairman Puawairua Marae Committee Mr Hohapata Oke holds a Bachelor of Environmental Studies Degree from Te Whare Wananga o Awanuiarangi. Former Chairman and Deputy Chairman of Te Komiti Taiao o Ngati Awa on which he served for more than seventeen years. He also served as a member of the Bay of Plenty Conservation Board where he made significant contributions to the development of the Bay of Plenty Conservation Management Strategy, the Moutohora (Whale Island) Conservation Management Plan, He continues to participate in the Whakatane Kiwi Project and other conservation initiatives. 10

11 Served as the Ngati Awa representative to the Maori Regional Representation Committee and the Maori standing committee at Environment Bay of Plenty for a period of more than seven years. He also chaired the Maori Working Party on Organochlorins for the Ministry for the Environment and the Maori Working Party on Contaminated Sites with the Environmental Risk Authority. Former Chairman of Nga Kaihautu Tikanga Taiao. 4.3 Mr Rapata, KOPAE (Committee Member) Mr Kopae is a respected member of Ngati Rangataua and Ngati Pukeko. He continues to invest his time and energy into the exercise of kaitiakitanga within the takiwa of Ngati Awa. Mr Kopae has contributed significantly to kaitiakitanga of the Ngati Awa takiwa, particularly within the Whakatane River and environs. Former member of Te Komiti Taiao o Ngati Awa where he served for more than eight years. 4.4 Mr David, FIELD (Committee Member) Mr Field holds a Bachelor and Masters Qualifications in Botany, Forestry and Resource Management and is a member of the NZ Institute of Forestry. Dave retired from public service in 1997 but remains personally active and interested in conservation and natural resource issues. He began his forestry career with the NZ Forest Service and spent a large part of his time based in the Bay of Plenty region. Since the establishment of the Department of Conservation in 1987, Mr Field has made significant contributions towards conservation in the region through his positions of Regional Manager (Eastern Region) and Conservator (Bay of Plenty). During this time, he was required to exercise delegated statutory functions on behalf of the Minister and/or Director General of Conservation. Mr Field has experience in cross cultural situations and has worked cooperatively with many tribal organizations within the Bay of Plenty region, including tangata whenua descending from the Mataatua and Te Arawa canoes. Mr Field also has considerable experience and service with a number of boards and committees with implications for conservation. He was a Crown representative on the Mayor Island Trust Board; Has been Chairperson of the Lake Rotoiti and Lake Okataina Scenic Reserves Board; An honorary consultant to the Mokoia Island Trust. 11

12 Mr Field has also given his time and experience to the community through volunteer work with the Rotorua Citizens Advice Bureau and being a Justice of the Peace since Mr Donald, HERDMAN (Committee Member) Mr Herdman is a retired farmer who has lived in Whakatane for most of his life. He is a well known and respected member of the community with his contributions having been recognized through membership to the Order of New Zealand Merit. He has extensive experience with local government and conservation issues. Has served with the Whakatane District Council for 12 years in positions including Councillor, Deputy Mayor and one term as the Mayor for Whakatane. Has also given 5 years of service as a member on a number of National Park Boards Boards for the East Coast region. Presently, Mr Herdman continues to make a significant contribution towards conservation of one of New Zealand s icon species as the Chairperson of the Whakatane Kiwi Trust. 4.6 Mr Anthony, OLSEN (Committee Member) Ngati Umutahi, Ngati Tuwharetoa (BOP), Kati Hawea, Kati Mamoe, Ngai Tahu. Mr Olsen holds a Bachelor of Arts in Geography and is presently completing a Master thesis in Coastal Geomorphology. He is a conservationist with a special interest in rongoa (Maori medicinal plants), permaculture and biodiversity. He also has a background in property, marketing and business. Currently a Trustee of Ngati Tuwharetoa (BOP) Settlement Trust and Ngati Umutahi Marae Trust, and is presently the Iwi Resource Management Advisor for both Trusts. Was employed by Te Puni Kokiri/Ministry of Maori Development ( ). He contributes to the social, cultural and economic wellbeing of the Matata community and his iwi through his work with various community trusts in the region. Currently the Chairperson of the Bay of Plenty Conservation Board an appointment he was elected to on 1 August Current Chairperson of the Mataatua Community Grants Committee. 12

13 5. SUB COMMITTEE (Nga Komiti Tuarua) In order to spread business of the committee to members or for matters outside of planned committee meetings, sub committees have been established by Te Tapatoru a Toi. The committee has found this approach useful and effective. Sub committees report back to the full committee for decision making. Cultural Advice Te Kei Merito (Chairperson) John Hohapata Oke (Deputy Chairperson) Rapata Kopae Conservation Management Plan Dave Field John Hohapata Oke (Deputy Chairperson) (Left to Right: Rapata Kopae, Don Herdman, Te Kei Merito, Anthony Olsen, Matt Cook (DOC), Dave Field, Rebecca Hunter (Ngati Awa) and front Hinehaka Tamihana (DOC). 13

14 6. FUNCTIONS AND DELEGATED POWERS (Mana Whakaritenga) 6.1 Functions under the Ngāti Awa Claims Settlement Act 2005 (NACSA) Te Tapatoru ā Toi has a diversity of functions under the NACSA, which include express management and decision making functions as well as advisory functions. The Minister of Conservation: The Minister has delegated certain functions and powers under the Reserves Act 1977 for the jointly managed reserve areas as set out in Appendix 1 of this document. The Commissioner (being the Rangitaiki Area Manager) is exercising the powers of the administering body has been given a separate delegation of the function and power under section 22(5) of the Reserves Act 1977 in relation to Moutohorā (Whale) Island. The instrument of delegation is set out in Appendix 2 of this document. The effect of this delegation is: Te Tapatoru ā Toi may manage physical access to the island. Te Tapatoru ā Toi has the power to grant or decline permits for members of Ngāti Awa for the purpose of collecting hāngi stones from Moutohorā (Whale) Island in accordance with environmental requirements under the NACSA. The delegation of functions and powers to Te Tapatoru ā Toi does not prevent the Minister of Conservation or the Commissioner through the Department of Conservation from exercising the functions and powers concerned. For the avoidance of doubt, the delegation of functions and powers to Te Tapatoru ā Toi does not limit the Department of Conservation s day to day operational responsibilities under the Reserves Act 1977 in relation to the jointly managed reserve areas. Te Tapatoru ā Toi also has a broader function to advise the Minister of Conservation, the Department, the NZ Conservation Authority and the Bay of Plenty Conservation Board in relation to conservation of the jointly managed reserve areas. These entities have a statutory duty to consult and have regard to the advice of Te Tapatoru ā Toi in relation to the jointly managed reserve areas and following matters: (a) The development of conservation policy; conservation management planning; and annual business planning. Te Tapatoru ā Toi is deemed to have all the powers and functions of a Conservation Board for the purposes of section 40B of the Reserves Act The effect of this statutory deeming is that Te Tapatoru ā Toi will have the final approval role for any conservation management plan/s for the jointly managed reserve areas. 14

15 7. STRATEGIC DIRECTION AND PRIORITIES At the first meeting of Te Tapatoru a Toi held on 1 February 2006 the members resolved that the priorities for 2006 / 2007 and beyond would be as follows: 7.1 Familiarisation of Reserves; Each year field trips will be planned and conducted so that members will; Become familiar with the tapestry of the landscape of each reserve, Appreciate the ecological values and cultural heritage of each reserve, Evaluate the effectiveness of current management measures, and Advise where appropriate within the parameters of Te Tapatoru ā Toi s functions and delegated powers 7.2 Completion of Kawa me Tikanga / Protocol & Procedure Guidelines; The Purpose of this document is to provide direction and procedural guidance to assist the committee in fulfilling its roles under the Ngāti Awa Claims Settlement Act 2005 (NACSA). The document was approved December 2007 The document will be reviewed from time to time with the agreement of all members of the committee in particular the section regarding strategic direction and priorities (paragraph 18) which should be updated on an annual basis. 7.3 Provision of strategic direction and advice to the Department of Conservation; To commence the conservation management planning process for Moutohora, Ohope and Tauwhare Pa Scenic Reserves; 7.4 Review the Moutohorā Conservation Management Plan; To commence a review of the current conservation management plan for Moutohora (Whale) Island ( ); and intergrate this into one new Conservation Management Plan for the three reserves; 7.5 Establish the mana (Authority, Integrity and Dignity) of Te Tapatoru ā Toi ; To cement the mana and presence of Te Tapatoru a Toi with people, communities, Marae, conservation stakeholders and other external agencies (for example the local and regional councils, universities and other tertiary education providers) within the Whakatane region that have associations with the jointly managed reserve areas. 15

16 7.6 Recognition of Strategic priorities identified by Ngāti Awa and other key organisations; Te Tapatoru a Toi recognises that strategic priorities for the jointly managed reserve areas have also been identified by Te Runanga o Ngati Awa. These priorities are not unlike the objectives and priorities contained within the Department of Conservation s Conservation Management Strategy. Accordingly, it is appropriate for members of Te Tapatoru ā Toi to have an appreciation of the respective priorities from the organisations that they represent. 7.7 Te Tapatoru ā Toi strategic directions; Developing the Te Tapatoru ā Toi s strategic directions for any given year, 7.8 Management Plans and other relevant documents; Developing management plan, other relevant documents and/or decision making concerning the jointly managed reserve areas. (Public kiwi release at Ohope Scenic Reserve) 16

17 8. EVALUATION AND PERFORMANCE REVIEW (Wariu Whakatutukitanga) Strategic Directions and Priorities Familiarisation of Reserves; Achievements In April 2006 the committee conducted a familiarisation field trip to Moutohora(Whale Island) Wildlife Management Reserve and were briefed on the management isues for the island and operational programmes that are underway by departmental staff and in June 2006 the committee conducted a familiarisation field trip to Ohope Scenic Reserve and the surrounding enviroment. September 2006 the committee conducted a familiarisation field trip to Tauwhare Pā Scenic Reserve and discussed a range of issues including the current scenic reserve status and if this was appropriate protection for the values of the site. Completion of Kawa mē ngā Tikanga / Protocol & Procedure Guidelines; The document was drafted and considered by the committee late in The document was approved December 2007 and is a foundation for the committees functioning and adminstration. The document is appended to this report. Provision of strategic direction and advice to the Department of Conservation; The committee has worked closely with the Department of Conservation and overseen the management of the three reserves. Regular operational reports have been supplied to the committee through the commissioner and advice given to the department on management matters. 17

18 To commence the conservation management planning process for Ohope and Tauwhare Pa Scenic Reserves; Review the Moutohorā Conservation Management Plan; To commence a review of the current conservation management plan for Moutohora (Whale) Island ( Within the Ministerial delegations to the Joint Management Committee there are a number of delegations that can only be exercised with an operative Conservation Management Plan (CMP) in place. When the committee was established in February 2006 Moutohora (Whale Island) had an existing CMP. For the committee to function effectively and to deliver on both the settlement act and delegations it was a priority for the committee to develop with the department a CMP covering all three reserves. This development process began in June 2006 and was completed with an approved CMP in October This is the first CMP approved under joint management and as a result of a treaty settlement. The CMP is appended to this report. Establish the mana (Authority, Integrity and Dignity) of Te Tapatoru ā Toi; To cement the mana and presence of Te Tapatoru a Toi managed reserve areas. Up to this point in time the committee has committed itself to a pragmatic and proactive approach towards achieving this objective for example; By promoting its profile via media exposure Communication and support from Te Runanga o Ngati Awa. 18

19 Te Tapatoru ā Toi Strategic Directions. The committee has drafted and committed itself to a set of annual business priorities for the coming year to ensure it meets its statutory responsibilities and obligations under the act and the needs and expectations of the communities it serves. Management Plans and other relevant documents. The new Conservation Management Plan for the three reserves under the committee s management was approved in October

20 Appendix 1: TE TAPATORU Ā TOI FUNCTIONS UNDER SUBPART 5 (SECTIONS 71 87) OF THE NGATI AWA CLAIMS SETTLEMENT ACT 2005 NACSA ). ATTACHMENT 3 INSTRUMENT OF DELEGATION OF POWERS TO A JOINT MANAGEMENT COMMITTEE 1. PURSUANT to section 74(1) of the Ngati Awa Claims Settlement Act 2005, I CHRIS CARTER, Minister of Conservation, DELEGATE to the JOINT MANAGEMENT COMMITTEE established under the Ngati Awa Claims Settlement Act 2005, such of my powers, functions and duties under the Reserves Act 1977 as are set out in the following schedule. 2. The exercise of those powers, functions and duties is subject to the Limitation of Powers specified in the schedule, subject to section 74(5) of the Ngati Awa Claims Settlement Act 2005 and to the following conditions and provisions. 3. Any matter which, in a Joint Management Committee s opinion, calls for the exercise of any of the powers, functions or duties referred to in the schedule at a higher level because of the nature of the issues involved, including: a. Sensitive conservation values; b. Political implications; c. Social implications; d. Economic implications; Shall be referred back to the Minister of Conservation for consideration and/or decision. 4. The Joint Management Committee may consider the appropriateness of obtaining legal advice before exercising a power to be exercised involves: a. Sensitive conservation values; b. Political implications; c. Social implications; d. Economic implications; e. The proposed revocation, suspension or amendment of a permit, license, concession, consent, authorization or other similar document, which action has not been requested or agreed to by an affected party. 20

21 Appendix 2: A Powers and functions delegated in respect of the Ōhope Scenic Reserve and Tauwhare Pā Scenic Reserve. Section of the Reserves Act 1977 S42 (1) S45 S46 (2) S50 (1) S51 (1) Summary of Powers Give or decline to express written consent to the cutting or destruction of trees and bush on the Reserve. Determine terms and conditions subject to which consent is given. Give or decline to give prior approval to the Commissioner to erect, or authorize any voluntary organization or educational institution to erect shelters, huts, cabins, lodges and similar resting or sleeping accommodation on the Reserve. Determine the terms and conditions as to location, structure, custody use or otherwise as the Joint Management Committee approves. Grant or decline to grant, by notice in the Gazette, the right to bury or inter the remains of deceased Māori in a place in the Reserve to be specified. Authorize or decline to authorize any person to take and kill any specified kind of fauna that may be found in the Reserve. Impose conditions on giving the authorization. Authorize or decline to authorize the use of firearms, traps, nets, or other objects within the reserve for the foregoing purposes. Authorize or decline to authorize in writing the Commissioner to introduce indigenous flora or fauna into the Reserve. Impose conditions on giving the authorization. Limitation of Powers The delegation applies only to exotic trees and bush. The delegation applies only where the use is provided for or contemplated in an approved management plan for the Reserve. The delegation is for nonprotected exotic fauna only. Authorizations can only be given if provided for or contemplated in an approved management plan for the 21

22 S51 (1) (a) S55 (2) S74 (1) (b) (ii) Grant or decline go grant prior approval to the Commissioner to any planting of trees or shrubs on the Reserves. Give or decline to give prior consent to the Commissioner to carry out any of the matters specified in sections 55 (2) (a), (d), (e), (f) and (g) of the Reserves Act Consent or decline to consent to the Commissioner granting a licence in respect of the Reserve Reserve. Only exercisable where the planting is provided for or contemplated in an approved management plan for the Reserve. Only exercisable where the matter is provided for or contemplated in an approved management plan for the Reserve. Only exercisable where the activity is provided for or contemplated in an approved management plan for the Reserve or the activity is an existing use and the effects of the use will be the same of similar in character, intensity and scale. 22

23 B Powers and functions delegated in respect of Moutohorā (Whale Island) Wildlife Management Reserve, Ōhope Scenic Reserve and Tauwhare Pā Scenic Reserve. Section of the Reserves Act 1977 S49 S 59 A (1) Summary of Powers Grant or decline to grant in writing the right to any qualified person to tale specified specimens of flora or fauna or rock mineral or soil from the Reserves. Form an opinion as to whether a qualified person has the necessary credentials. Impose conditions on the grant in writing. In accordance with Part IIIB of the Conservation Act 1987, grant or refuse a concession in respect or the Reserves. Limitation of Powers Only exercisable where the activity is provided for or contemplated in an approved management plan for the reserve or the activity is an existing use and the effects of the use will be the same or similar in character, intensity and scale. 23

24 C Section of the Reserves Act 1977 S 121 General Power Summary of Powers Where, under any delegation provided for in Parts A and B of this Attachment 5.3, the consent or approval of the Joint Management Committee is required, the Joint Management Committee may give its consent or approval subject to such conditions as it thinks fit. Limitation of Powers 24

25 Appendix 3: KAWA ME NGA TIKANGA 25

26 APPENDIX 4: TE TAPUI TOKOTORU CONSERVATION MANAGEMENT PLAN 26

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