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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Hauraki Gulf Marine Park Act 2000

Hauraki Gulf Marine Park Act 2000

SECTION

OBLIGATION TO MĀORI

3

Purpose

The purpose of this Act is to—

(a)       integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:

(b)       establish the Hauraki Gulf Marine Park:

(c)       establish objectives for the management of the Hauraki Gulf, its islands, and catchments:

(d)       recognise the historic, traditional, cultural, and spiritualrelationship of the tangata whenua with the Hauraki Gulf and its islands:

(e)       establish the Hauraki Gulf Forum.

6 

Treaty of Waitangi (Te Tiriti o Waitangi) 

(1)        Subject to subsections (2) and (4), the provisions of Part 3 relating to the Park must be so interpreted and administered as to give effect to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

(2)        Subsection (1) does not apply in respect of any area of the Park that is foreshore, seabed, private land, taiapure-local fishery, or mataitai.

(3)        When carrying out its functions under Part 2, the Forum must have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

(4)        Nothing in Part 1 or Part 3 or Part 4 limits, affects, or extends the obligations any person has in respect of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) under any of the Acts listed in Schedule 1, and those obligations must be fulfilled in accordance with thoseActs.

7

Recognition of national significance of Hauraki Gulf

(1)        The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life- supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.

(2)        The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—

(a)        to provide for—

(i)         the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and

(ii)        the social, economic, recreational, and cultural well-being of people and communities:

(b)       to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:

(c)        to maintain the soil, air, water, and ecosystems of the Gulf.

8

Management of Hauraki Gulf

To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—

(a)        the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments;

(b)        the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments;

(c)        the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship;

(d)        the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources;

(e)        the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand;

(f)         the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.

14

Preservation of existing rights

 

(1)  Nothing in this Act limits or affects any title or right to ownership of the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments, whether that title or right to ownership is conferred by Act, common law, or in any other manner.

 

(2)  Nothing in this Act limits or affects the ability of any person to bring a claim or to continue any existing claim in any court or tribunal relating to the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments arising out of the application of the Treaty of Waitangi, or any Act, or at common law, or in any other manner.

 

(3)  Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2).

Part 2

Hauraki Gulf Forum

15

Purposes ofForum

The Forum has the following purposes:

...

(c)      to recognise the historic, traditional, cultural, andspiritualrelationship of tangatawhenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.

16

Establishment of Forum

(1)        A body called the Hauraki Gulf Forum is established.

(2)        The Forum consists of the following representatives:

...

(e)      6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Māori Affairs.

...

17

Functions of Forum

(1)        To promote sections 7 and 8, the Forum has the following functions in relation to the Hauraki Gulf, its islands, and catchments:

...

(f)          to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans;

(2)        When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.

19

Costs of administrative and servicing functions of Forum

...

(3)       Administrative and servicing costs are not payable by constituent parties who are tangata whenua representatives.

...

Part 3

Hauraki Gulf Marine Park

32

Purposes ofHauraki Gulf Marine Park

The purposes of the Hauraki Gulf Marine Park are—

...

(c)      to recognise and have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands and coastal areas, and the natural and historic resources of the Park.

...

44

Recognitionof tangatawhenua statement of relationship

(1)        The Crown or a local authority may acknowledge any statement of particular historic, traditional, cultural, and spiritual relationship of tangata whenua of the Hauraki Gulf with any land, foreshore, or seabed in the Hauraki Gulf Marine Park by entering into a Deed of Recognition with tangata whenua in respect of that land, foreshore, or seabed.

(2)        A Deed of Recognition—

(a)        may not relate to any water;

(b)       may not relate to any land included in the Park in accordance with section 35.

(3)        A Deed of Recognition—

(a)        may record the Crown’s or local authority’s acknowledgement referred to in subsection (1); and

(b)       must identify the area to which the Deed of Recognition relates; and

(c)        may acknowledge, where appropriate, any statement of relationship by any others who claim tangata whenua status with the area; and

(d)       without limiting section 46, must identify specific opportunities for contribution by tangata whenua to the management of the area by the Crown or a local authority.

(4)        A Deed of Recognition may be amended or revoked by agreement between the parties.

47

Other Deeds of Recognition

Where the Crown or local authority has entered into a Deed of Recognition for an area with tangata whenua, that Deed of Recognition does not prevent the Crown or local authority from entering into further Deeds of Recognition for that area with other tangata whenua who may have an historic, traditional, cultural, and spiritual relationship with that area.

 

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