Appendix 6: Expressing Kaitiakitanga (Stewardship)

Management measures

As the Guardians' Strategy states, Ngai Tahu Whanui has a long and significant association with Fiordland as is documented in the Statutory Acknowledgement for Te Mimi o Tu Te Rakiwhanoa (Fiordland Coastal Marine Area) in the Ngai Tahu Claims Settlement Act 1998. Long-standing protocols exist for exercising kaitiakitanga (stewardship) over the natural resource in the area. The Oraka/Aparima runanga is the kaitiaki runanga for Fiordland.

The Guardians' Strategy explains that an active involvement in managing Fiordland's fisheries and marine environment is an appropriate way for kaitiakitanga to be expressed, however does not come to any firm conclusions about the best way for this to be achieved. The Guardians' Strategy focuses on:

section 186B closures for blue cod
a mataitai application in the area around Waitutu
taiapure as a mechanism to co-ordinate the package of 'gifts and gains'.

These management measures are discussed further below.

Section 186B closures

The Investigative Group have discussed Section 186B closures for blue cod, and while this is an option for implementing this measure, the required closures are done with greater ease through the Ministry of Fisheries' sustainability rounds. This is also discussed in Appendix 3: Fisheries management measures.

Waitutu mataitai application

The Guardians' Strategy states that: 'concern that paua can no longer be hand gathered close to shoreline along the southern Fiordland coastline resulted in the Waitutu Land Incorporation initiating discussion about establishing a mataitai along the coast abutting their land'. A mataitai application was lodged by the Oraka-Aparima Runanga and the Waitutu Land Inc. for this part of the coastline. The Investigative Group believe that the mataitai application in the area around Waitutu is complimentary to the Guardians' vision.

Taiapure as a co-ordinating mechanism

Taiapure were discussed in the Guardians' Strategy as a mechanism for providing overarching and co-ordination functions for their Strategy as a whole. However, as a taiapure is a mechanism under the Fisheries Act, it is unable to influence the non-fisheries related aspects of their Strategy. Therefore this mechanism was dismissed as a co-ordinating mechanism for their Strategy and the Investigative Group endorse this conclusion.

The Investigative Group and Ngai Tahu discussed further options for achieving effective expression of kaitiakitanga in Fiordland. The Investigative Group recommends that the kaitiaki status of the Oraka/Aparima runanga can be further recognised by:

continuing to respect that Fiordland is a Statutory Acknowledgement Area
tangata tiaki continuing to manage customary fisheries
taonga collection being managed by tangata tiaki in any marine reserves that are created, similar to the way that customary fisheries are managed under the Fisheries Act
dual naming of important areas in Fiordland
tangata whenua representation on any marine management committee established in the Fiordland area.

The Fiordland Statutory Acknowledgement Area

As discussed above, one of the measures that acknowledges the relationship Ngai Tahu has with Fiordland is through Fiordland's recognition as a Statutory Acknowledgement Area. Section 102 of the Ngai Tahu Claims Settlement Act recognises Te Mimi o Tu Te Rakiwhanoa (the Fiordland Marine Area) and consultation with Ngai Tahu is required when proposing management changes. The Investigative Group recognises this, and Ngai Tahu form an important part of the Investigative Group. Future management should continue to recognise and consult with Ngai Tahu as the tangata whenua of the area.

Customary fisheries management of tangata tiaki

The South Island Customary Fisheries Regulations under the Fisheries Act 1996 give kaitiaki/ tangata tiaki management over the customary take for fisheries. It is important that this be maintained.

Taiapure, a tool under the Fisheries Act 1996, were discussed at length as a mechanism for providing overarching and co-ordination functions for the Guardians' Strategy as a whole. However taiapure cannot be used to manage non-fisheries related issues identified in their Strategy.

Taonga collection and customary activities within representative areas

A number of marine reserves are to be created in Fiordland as a result of the implementation of the Guardians' Strategy. When creating the marine reserves the Department of Conservation will include a condition in the Order-in-Council to allow the collection of pounamu and taonga listed in the Ngai Tahu Settlement Act (Schedule 97). This will allow taonga collection to be managed by tanga tiaki, similar to the way that customary fisheries are managed under the Fisheries Act. See Appendix 4: Values of Special Significance for further information.

Dual-naming of the Fiordland area

Dual naming is to be used within Fiordland/Te Mimi o Tu Te Rakiwhanoa, particularly when proposed marine reserves or other management areas can be associated with prominent Ngai Tahu landmarks.

Representation on management committees

The kaitiaki Runanga (Ngai Tahu Whanui) will be represented on any marine management committees set up in Fiordland. This is discussed in Appendix 8: Implementing the Strategy.

Options for implementation

Statutory Acknowledgement Areas and tangata tiaki management of customary fisheries already operate under existing legislation. The Investigative Group, in consultation with Ngai Tahu, do not see that any changes are needed to these.

The Investigative Group recommends that, when creating the marine reserves, the Department of Conservation will make an Order in Council to allow the collection of taonga listed in the Ngai Tahu Settlement Act. Taonga collection will be managed by tanga tiaki, similar to the way that customary fisheries are managed under the Fisheries Act. This could be the same body of individuals who administer Customary Fisheries Authorisations.

The dual names for the Fiordland Marine Area/Te Mimi o Tu Te Rakiwhanoa will be included in any special legislation. Further to this, the Department of Conservation will consult with Ngai Tahu when naming new marine reserves and Environment Southland will also consult with Ngai Tahu on appropriate names for china shop 'zones'.

Finally, Ngai Tahu will be represented on any committee with a role in marine management set up in the Fiordland area. This includes the Fiordland Marine Guardians as discussed in Appendix 8: Implementing the Strategy.

Conclusion

The management measures associated with expressing Kaitiakitanga are:

continuing to recognise that Fiordland is a Statutory Acknowledgement Area, and the consultation requirements that this entails
tangata tiaki continuing to manage customary fisheries
taonga collection in marine reserves to be managed by tangata tiaki
dual naming of important areas in Fiordland
tangata whenua representation on any committee set up by statute in the Fiordland area.

To implement these management measures:

maintain the status quo in relation to Statutory Acknowledgement Areas and tangata tiaki management of customary fisheries
seek an Order-in-Council to allow delegated Ministerial authority to collect pounamu and taonga within the proposed marine reserves
the dual names for the Fiordland Marine Area/Te Mimi o Tu Te Rakiwhanoa will be recognised in any legislation created for Fiordland
the Department of Conservation will consult with Ngai Tahu on appropriate names for new marine reserves
Environment Southland will consult with Ngai Tahu on appropriate names for china shop 'zones'
Ngai Tahu will be represented on any committees set up by statute in the Fiordland area.

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