Session 6 – Lessons learned from affected iwi

Kaitiakitanga and the EEZ
- a Ngāi Tahu perspective
Mō tātou, ā, mō kā uri, ā muri ake nei
“The interest of Ngāi Tahu in activities in the EEZ
stems from our kaitiaki responsibility, passed to us
from our tūpuna, and by virtue of our position as
Treaty partner.”
“We have a duty to manage the marine
environment, to ensure that those who come after
us can enjoy the same relationship that we, and our
tūpuna before us, have enjoyed.”
Ngāi Tahu as kaitiaki in EEZ Act processes
Defining ‘existing interests’ for Ngāi Tahu:
Fisheries Settlement assets
Commercial activities & whānau businesses
Mahinga kai
Taonga species
Wāhi tapu and wāhi taonga
Whakapapa - inherent rights & responsibilities
How does kaitiakitanga fit within the EPA
TTR decision helpful in defining ‘existing interests’
of iwi in the EEZ
“In arriving at an understanding of the nature of
existing interests held by Māori and how they might
be affected by a particular proposal, it is necessary
to understand that those existing interests are
defined and understood within the paradigm of
mātauranga Māori.”
“We find iwi are a significant and important ‘existing
Kaitiaki influence in EPA processes
- pre-application
The pre-notification stage is critical, whether its a
notified marine consent or permitted activity
An open communication channel with the EPA,
other agencies and industry has been key to better
pre-notification engagement for Ngāi Tahu, which
increases influence over the outcome
Statute and regulations only go so far – good
organisational policy and culture shapes outcomes
EEZ regulations contain barriers to good
relationships and outcomes for iwi – challenges to
overcome in partnership with EPA & agencies
Kaitiaki influence in EPA processes
- start at the top
Majority of activity in the EEZ is coming from the
mining sector
All minerals, oil and gas operators go through the
gate of NZ Petroleum & Minerals (NZPAM) first, so
need to set expectations with NZPAM
All ‘Tier 1’ operators sent to iwi, required to engage
– get protocols in place early to get access and
exchange ahead of formal notification
Set expectations, reinforce those leading in to EPA
process – keep EPA informed in advance
Some companies behave better than others – give
EPA knowledge to enable them to tautoko
Kaitiaki influence in EPA processes
- completeness check
To be complete, an application needs to identify the
nature of existing interests and effects on those
interests – mana moana always
Permitted, non-notified or notified, the Act requires
existing interests to be covered
Getting understanding with EPA in advance – Ngāi
Tahu has been working with the iwi liaison team
throughout legislative reform – will be on-going
EPA team understands Ngāi Tahu structure,
position and limitations – familiar - room to expand
Relationship will be tested with every new activity
Kaitiaki influence in EPA processes
- seismic surveys
Seismic surveys increasing in the Ngāi Tahu takiwā
Oil & Gas companies regularly knocking on the
door of Te Rūnanga and Papatipu Rūnanga
Experiences differ company to company, but
improving - working with NZPAM and DOC on best
practice expectations in Ngāi Tahu takiwā
Getting Ngāi Tahu observers on the vessels is a
priority – training and funding, needs industry and
agency support
Providing a trigger for growing knowledge of
customary practice in marine mammal recovery
Kaitiaki influence in EPA processes
- oil and gas drilling
Strongly opposed non-notified discretionary
classification during legislative reform
Brand new activity in Ngāi Tahu takiwā about to
start and no confidence in the framework
Papatipu Rūnanga working with the arrival of the
petroleum industry in Great South Basin and
Canterbury Basin
Not just EPA - NZPAM, Worksafe NZ and Maritime
NZ – risks to iwi interests from fragmentation
EPA are fresh to this – we plan to journey together,
expand within the limits of the law to enable
rangatiratanga – we will test those limits
Kaitiaki influence in EPA processes
- seabed mining
We opposed mining of phosphate on the Chatham
Rise during legislative reform, now entering the
marine consent process
Resourcing is a significant issue and will always be
the case for big seabed mining proposals, so we
are partnering with others
Interacts with the full range of existing interests of
Ngāi Tahu, not just commercial fishing
Expect more proposals to come – iron sands on the
West Coast, massive sulphide deposits
Wero = finite resource vs sustainable resource
Kaitiaki influence in EPA processes
- seabed mining
We are dependent on the commitment of EPA staff
policy and culture to recognise and reflect the full
complexity of iwi – expand the ‘cultural box’
Ngāi Tahu marine consent submissions and
evidence will assess cultural impact as a whole
Include impact on commercial interests as part of
cultural impact – affecting iwi development and all
that growing pūtea enables for whānau
Advisory roles of EPA staff and Ngā Kaihautū in
hearing processes are important pathways for
communicating and reinforcing iwi interests
Kaitiakitanga - keeping promises
• Promises to past and future generations, to be
sustained and to sustain
• Relationship commitment – Te Ao Mārama
• Treaty partnership – EPA and Crown agencies
• Industry engagement – accountability
• Communities of interest – connect & maintain

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