Agreements and orders
On this page: Ngā Hapū o Ngāti Porou Deed of Agreement and Ngāti Pahauwera Recognition Agreement
Ngā Hapū o Ngāti Porou
The Crown and Ngāti Porou signed a deed of agreement under the Foreshore and Seabed Act (now repealed) in 2008. A deed to amend the deed of agreement was signed on 9 August 2017 by the Ministers for Māori Development and Treaty of Waitangi Negotiation. The deed to amend updates the original deed of agreement following the repeal of the Foreshore and Seabed Act 2004 and the enactment of the Marine and Coastal Area (Takutai Moana) Act 2011.
Ngā hapū o Ngāti Porou has progressed their application to the finalisation stage. Provisions of the amended deed will come into effect once legislation is enacted. This agreement is not the result of an application under the Marine and Coastal Area (Takutai Moana) Act 2011, but is published here for convenience.
What is in the agreement?
The agreement provides for the expression, protection and recognition of the mana of ngā hapu o Ngati Porou in relation to ngā rohe moana o ngā hapū o Ngati Porou.
The deed to amend the deed of agreement includes the full text of the 2008 deed with all amendments as tracked changes. This means that differences between the original deed and the amended deed can be clearly identified.
Some elements previously agreed under the Foreshore and Seabed Act (now repealed), that are not available to applicants under the Marine and Coastal Area Act, have been retained. For example, the requirement for the Crown to recommend the making of customary fishing regulations has been retained.
What happens next
Provisions in the amended deed of agreement will come into effect once legislation has been enacted.
The rights of the public will remain unaffected once the amended deed of agreement comes into effect. Part 2 of the Marine and Coastal Area Act will continue to apply in the area affected. Part 2 of that Act guarantees rights of access, navigation, fishing and other lawful activities in the common marine and coastal area with very limited exceptions.
Ngāti Pahauwera recognition agreement
The responsible Minister, on behalf of the Crown, has offered to enter into a recognition agreement with Ngāti Pāhauwera recognising Customary Marine Title.
It is the first time this has occurred under the Marine and Coastal Area (Takutai Moana) Act.
The offer to enter a recognition agreement follows a determination by the Minister in relation to Ngāti Pāhauwera's application for recognition of customary rights. The area where the Minister is satisfied that Customary Marine Title exists is a thin stretch of the common marine and coastal area, approximately 16km long, in rural Hawke's Bay.
Background to the decision
Ngāti Pahauwera's application was transferred in 2011 from a previous application under the Foreshore and Seabed Act 2004 (now repealed).
The application was for customary marine title, protected customary rights and protection of wāhi tapu.
Consideration of the application followed a rigorous and transparent process of evidence collection, including a public submissions process. During 2013/14 evidence was collected by the parties and assessed against the tests in the Act. Public submissions were sought and a report was also commissioned from a non-statutory Independent Assessor.
The Minister was satisfied the statutory tests for customary marine title was met in part of the application area. He was not satisfied, on the basis of the evidence, that the tests for protected customary rights or wāhi tapu protection were met.
What happens next
Before any agreement is finalised the proposed recognition agreement must be ratified by Ngāti Pāhauwera. The Ngāti Pahauwera Development Trust has conducted an approval process with Ngāti Pahauwera, the results of which will be considered by Ministers.
If the proposed recognition agreement is ratified then legislation recognising Ngāti Pāhauwera's customary rights will be introduced to Parliament. If this legislation is enacted by Parliament, bringing the recognition agreement into effect, it will confer on Ngāti Pāhauwera the specific rights of customary marine title set out in the Marine and Coastal Area Act.
Documents relating to the process of determination can be accessed through the links provided below. This information has been published to assist with understanding of how the Act is being applied. Ngāti Pāhauwera have given permission for their affidavits to be published with some parts of the information withheld.
Decision and independent report
The Minister's decision and basis for reaching it.
Report by Hon John Priestley CNZM QC who independently advised the Minister on the extent to which the tests in the Act were met.
Affidavits and statements of evidence presented by Ngāti Pāhauwera to the Minister in support of their application for recognition of customary rights under the Act.
Ngati Pahauwera Affidavit on behalf of Trustees [PDF, 3.1 MB]
Ngati Pahauwera Supplementary Affidavit on behalf of Trustees [PDF, 394 KB]
A brief of evidence filed in the Māori Land Court in relation to rivers. This was provided to the Minister to assist him in considering the issue of extinction of customary rights in the Mōhaka River.
A report provided to the Minister that summarises evidence collected by the Ministry of Justice relevant to whether the tests under the Act were met by the evidence.