Abel Tasman Foreshore Scenic Reserve Draft Management Plan

2. Treaty of Waitangi
2.1 Giving effect to the Treaty
Under section 4 of the Conservation Act 1987, the Administration Committee is
required to interpret and administer the Reserves Act 1977 to give effect to the
principles of the Treaty of Waitangi. However, where there is clearly an inconsistency
between the provisions of the Reserves Act 1977 and the principles of the Treaty, the
provisions of the Reserves Act 1977 will prevail. This is reflected in the Primary
Objectives for the reserve.
This plan is subject to the developing jurisprudence of the courts on the
interpretation of the principles of the Treaty of Waitangi and to the outcome of
Treaty Settlement negotiations, and should be read together with the Conservation
General Policy 2005, particularly Chapter 2; and policies 4.1(e), 4.4(h), 5(c) and
12(d) (see Appendix 10).
In this plan, the tangata whenua whose rohe (tribal boundaries) cover the Abel
Tasman Foreshore Scenic Reserve include Ngāti Tama Ki Te Tau Ihu (Ngāti Tama),
Te Ātiawa Ki Te Tau Ihu (Te Ātiawa) and Ngāti Rārua.
The Administration Committee needs to work co-operatively with Ngāti Tama, Te
Ātiawa and Ngāti Rārua, and any other iwi who may be recognised by the Crown as
being tangata whenua of the reserve, in a spirit of partnership (based on mutual good
faith, co-operation and respect) to achieve the objectives of this plan. A partnership
approach recognises the mana of tangata whenua and the desire to work together to
maintain and support the reserve.
Tangata whenua need to be given the opportunity to be actively involved in the
preservation of the reserve’s values, including wāhi tapu and other taonga. The
Administration Committee recognises and respects the desire of tangata whenua to
exercise kaitiakitanga/customary practices of guardianship, in relation to places or
resources that have spiritual or historical and cultural significance for them. Active
involvement by tangata whenua can be supported and achieved in a number of
different ways. Some of these ways are:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Providing tangata whenua with information and technical advice
Communicating with tangata whenua about proposed work associated with the
reserve
Consulting tangata whenua regarding the protection of wāhi tapu and other
taonga (see section 4.2 ‘Management of historical and cultural heritage’)
Establishing partnerships with tangata whenua on restoration and pest
management projects, where appropriate (see section 3.2 ‘Biosecurity and
management of threats to indigenous species, habitats and ecosystems’)
Enabling customary use by tangata whenua on a case-by-case basis (see section
2.2 ‘Customary use’)
Consulting with tangata whenua on concession applications that affect their
interests (see section 8.1.3 ‘Māori cultural values’)
(vii) Developing public information and interpretation which refers to places or
resources of spiritual or historical and cultural significance to Māori, in
2. Treaty of Waitangi 15