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Hokianga
Accord
Draft
Kaupapa Whakahaere
(how
the Hokianga Accord will operate)
mo
Ngapuhi
Ngati
Whatua
Ngati
Wai
in
partnership with
non-commercial
fishing interest groups and individuals
and
The
Ministry of Fisheries
(Te
Tautiaki i nga tini a Tangaroa)
Hokianga
Report - Appendix Four
10
November 2005
Preamble
Te Tiriti O Waitangi is
the founding document of Aotearoa, New Zealand which established
the unique relationship between Tangata Whenua and the Crown.
Tangata whenua and other non-commercial fishing representatives,
as contributors to the Hokianga Accord acknowledge to each other,
that Te Tiriti O Waitangi is the basis upon which each party wishes
to interact with the Crown or its agencies as a good treaty partner.
Te Tiriti O Waitangi gives rise to this Kaupapa Whakahaere to the
Minister of Fisheries.
Background
A chance meeting between
tangata whenua and recreational fishing representatives at a select
committee presentation in 2003, where Tangata Whenua were making
submissions to the Marine Reserves Bill led to the development of
a close working relationship between recreational fishers and Tangata
Whenua. After many hours of discussion tangata whenua realised
that when Maori went fishing to feed their whanau, they were categorised
as recreational fishers. It was therefore common sense to
collectively discuss how tangata whenua could address matters of
common interest with recreational fishers.
An inaugural hui of recreational
fishers and Tangata Whenua was held at Whitiora Marae, Te Tii, from
29th April to 1 May 2005 which set the platform for all tangata
whenua and recreational fisheries hui held since then in Te Tai
Tokerau. The most significant outcome of that hui was the
commitment of both tangata whenua and recreational fishing organisations
and representatives to work together to achieve the objective of
"Kia maha atu nga ika i roto i te wai" or "more fish in the water."
Although members from
Whangaroa and Te Rarawa were in attendance at that hui, they were
unable to commit to the joint approach with non- Maori recreational
fishing and interests and agreed to reporting back to their
various iwi organisations to seek support for the developing relationships
with non- Maori recreational fishing interests. The representatives
from these iwi attended the first hui at Whakamaharatanga Marae
and committed to join with Te Rarawa in setting up their own forum.
Hapu representatives from Te Rarawa asked that they remain
part of the Hokianga Accord as they lived in the Hokianga and saw
a natural alliance with the Hokianga Accord.
Whilst all the activity
around strengthening Maori and recreational fishing interest groups
collaborative relationship was progressing, the Ministry of Fisheries
was in the process of releasing it's new policy of appointing a
Ministerial recreational fishers advisory group as well as various
recreational and separate customary Maori fisheries forums elsewhere
in Aotearoa, New Zealand. This policy was the catalyst for a contingent
of Tangata whenua and recreational fishing representatives setting
up a meeting to address what was seen at the time as a segregated
approach to fisheries management, that is, customary Maori forums
on the one hand, as well as recreational forums discussing very
similar issues on the other hand.
It was the Ministry of fisheries promotion of this segregated approach
that reinforced the commitment of the Hokianga Accord to ensure
that tangata whenua and recreational fishing interest groups would
work together in one forum to represent all customary Maori and
non-commercial recreational fishing interests.
At the first Whakamaharatanga
Marae hui held in July 2005, the thrust for an expanded recreational
fishing and tangata whenua representation was achieved with the
attendance of members of Option4, the New Zealand Recreational Fishing
Council, New Zealand Big Game Fishing Council, Ngati Wai Trust Board,
Te Runanga O Ngati Whatua, Te Runanga O Te Rarawa, Te Runanga O
Whaingaroa, Te Runanga A Iwi O Ngapuhi with many whanau and hapu
also in attendance. The reinforcement of the forum objective
of "more fish in the water" was strongly supported.
Four weeks prior to that
hui an email was sent to the Ministry of Fisheries putting a number
of questions to the Ministry to answer at the hui. Ministry
representatives attended the hui and were capably led by Stan Crothers,
There was an excellent exchange of ideas between the forum members
and the Ministry of Fisheries and all questions put to the Ministry
were answered in detail. By the end of this hui there was
a document presented to the hui spelling out how MFish and the Hokianga
Accord would work together toward a better shared interest in the
sustainable management of our fisheries.
The second Whakamaharatanga
Hui was held in August 2005 as a platform to develop and consolidate
the working relationship between tangata whenua and recreational
fishing interest groups. This hui was well attended with the
parties again committing to a collaborative approach to the sustainable
management of our fisheries. Although other areas of Aotearoa
New Zealand have opted to follow the path of separate forums for
recreational fishing interest groups and Maori customary fishing
interests forums, the Hokianga Accord intends pursuing collaborative
approach.
Concerned that the Hokianga
Accord may not be recognised by the Ministry as an official representative
forum, recognition was sought from the Ministry. On 23rd August
2005, Stan Crothers of the Ministry wrote to [state to whom] and
assured the Hokianga Accord that the Hokianga Accord would be recognised
as an official area forum under the Deed of Settlement of Maori
fisheries issues. On 12 August 2005, the Minister of Fisheries,
Hon. David Benson-Pope wrote to the chairman of Te Runanga A Iwi
O Ngapuhi confirming Stan Crothers' statement of support in Stan
Crothers' letter to the Hokianga Accord.
At the hui the Ministry
presented for consideration by the Hokianga Accord a draft Memorandum
of Understanding as to how the Hokianga Accord and the Ministry
might work together relative to the Minister's performance of his
s12 Fisheries Act 1996 obligations.
At the conclusion of the
hui, a group of attendees committed to consider the draft Memorandum
of Understanding and report back at the next hui.
Objectives
of the Hokianga Accord
Tangata whenua and other
non-commercial fishing representatives contribute to the Hokianga
Accord in their desire to have input and participation in relation
to sustainability measures proposed by the Minister.
It is part of a framework
to assist the Minister to perform his obligations under s12 in relation
to sustainability measures.
Whilst this kaupapa relates
to the input and participation of tangata whenua concerning proposed
sustainability measures tangata whenua have other rights and privileges
statutory and otherwise in relation to fisheries management not
addressed in this kaupapa.
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The
Ministers obligations - section 12
The effect of section 12
of the Fisheries Act 1996 is that before giving any approval and
carrying out any of the functions specified in relation to sustainability
measures specified in s12 (1) the Minister must:
- consult with such persons or organisations, including Maori,
environmental, commercial and recreational interests whom the
Minister considers are representative of such persons or organisations
having an interest in the stock (defined in section 2) on the
effects of the sustainability measure under consideration: s12
(1)(a); and
- provide for the input and participation of tangata whenua having
a non-commercial interest in the stock, or an interest in the
effects of fishing on the aquatic environment in the area concerned
-: s12 (1) (b),
and have particular regard
to Kaitiakitanga (as defined in s2 of the Act).
For this purpose, MFish
(Cabinet) has proposed a grant of $20,000 per annum to each forum
in any one year. If only one or two proposals were being considered
by the Minister in a given year this might be sufficient, but in
another year that amount could be inadequate.
So much will depend on
the importance to tangata whenua non-commercial interests of the
sustainability measure under consideration, and the complexity of
the measure proposed as this will determine the level of input and
participation required including outside resources to assist tangata
whenua with their input and participation.
A possible approach for
MFish could be to provide a basic annual grant to the Hokianga Accord
for administration purposes, and further grants in respect of each
proposal for which input and participation is required. For example,
it is proposed that MFish provide the annual grant of $20,000 per
annum for as an initial contribution towards secretarial and administration
costs, with further financial provision for each sustainability
measure under consideration by the Minister as claimed by the forum
in a draft budget submitted to MFish to enable input and participate
on each proposal.
It is important to the
Hokianga Accord that discussions with the Minister or with
MFish on the provision and funding by the Minister neither divert
the Minister (and MFish) from carrying out such obligations and
functions nor delay the Minister (and MFish) from doing so in the
meantime.
Moreover, whatever framework
is adopted in relation to the performance by the Minister of his
Section 12 obligations must neither constrain tangata whenua in
making their input and participation, nor prevent or be a substitute
for the Minister carrying out of those obligations.
Tikanga
of the Hokianga Accord
The Hokianga Accord is
committed to "te tika, te pono me te tuwhera" at all times.
That is righteous, truthful and open.
Furthermore, the Hokianga
Accord expects the Ministry to be complete, accurate and timely
in all of its dealings with the Forum. Forum members will
behave and act in the same manner.
Make
up of the Forum
Over time the inclusive
nature of this Forum will produce input and participation of a high
calibre.
Participation of tangata
whenua as individuals and representatives is fundamental to the
existence of the Forum. Other non-commercial interest's contributions
are deemed essential to compliment the categorisation of 99.99%
of the time Maori go fishing to feed their whanau.
The functionality of the
Forum will depend upon the aroha and availability of people with
experience in tikanga Maori, kaitiakitanga, manaakitanga, customary
fishing best practices, recreational fishing, fisheries management,
science and marine protection experience. Other vital skills will
include Forum secretariat, records management, public awareness,
media relations, signage, grant applications, database management,
project management, accounting,
It is expected that those
attending and contributing to the Forum will agree that understanding
of and adherence to "Forum Protocol Guidelines" is essential if
high calibre input and participation is to be achieved and maintained.
Principles
of the Hokianga Accord
The Forum has produced
a set of principles that underpins all activities undertaken by
the Forum. These principles are:
- To promote the management of fisheries which are of importance
to Maori and other non-commercial fishers at levels above or significantly
above biomass required to produce the maximum sustainable yield
(Bmsy).
- To promote the use of customary management tools where deemed
appropriate
- mätaitai
- taiapure
- Temporary closure 186a (Nth island)
- Rahui
- To promote and support the development of Iwi/hapu Fisheries
management plans.
- Whanau/hapu/takiwa initiatives and aroha. The Hokianga Accord
will support local Customary fisheries management initiatives
and seek to empower and encourage such initiative. All
outstanding Customary fishing issues with Ministry must be addressed
as soon as possible. For the Hokianga Accord to be effective,
these resolutions must be a priority for the Ministry with agreed
upon action plans implemented and adequately resourced.
- To review the QMA within the respective rohe and pursue legislative
change for identified at risk areas or fish species.
- To review and implement fishery input controls such as spatial
controls, method restrictions, fish size and spatial separation
of commercial fishers.
- To develop an information collection strategy to;
- Measure effectiveness of management initiatives made by the
forum
- Assist in the management decision making process
- To participate in the research planning process, identify and
promote priorities.
- To identify and recognise areas of commonality between non-commercial
and customary fishing interests.
- To promote, measure and ensure the general public have a reasonable
awareness and understanding of
- The Crowns Statutory obligations to tangata whenua having a
non-commercial interest in fisheries or areas
- Fisheries management issues
- Marine protection issues
- The purpose and role of the Forum
The Forum will
- Implement means to measure these outcomes
- Advise MFish on areas of weakness and potential solutions
-
The Hokianga Accord wishes to highlight the
absence of a framework and understanding of how the Marine Reserves
Act (Bill) and the statutory obligations embodied within the
1996 Fisheries Act to have particular regards for Kaitiakitanga,
will interact with and compliment each other. The Protection
Standards approach to determining what is and what is not an
MPA is in its infancy.
-
The Marine Reserves Bill currently before Parliament
in its present form is not compatible with the aims and aspirations
of tangata whenua or the statutory obligations contained within
the Fisheries Act 1996 to have particular regard to Kaitiakitanga.
-
Outstanding issues raised in the paper entitled
"Proportional Allocation of Fisheries Resources in NZ, August
2005" are to be addressed by Ministry and the Forum.
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