You are being asked to consider and ratify amendments to the original Deed of Agreement to reflect the changes made by the Marine and Coastal Area Act. The approach of negotiators and Crown officials has been to consider any amendments that either:
- reflect improvements brought about by the Marine and Coastal Area Act (eg, ownership of nonnationalised minerals to pass with customary marine title, removal of requirement for High Court confirmation);
- changes to other legislation (such as the Resource Management Act 1991); or
- provide for advantages or efficiencies for nga hapu (eg, removal of the significant adverse effects test as trigger for exercise of Permission Right).
The amended Deed of Agreement continues to record the acknowledgment by the Crown and nga hapu o Ngati Porou that:
- nga hapu o Ngati Porou continue to assert that they have ongoing and enduring ownership interests over nga rohe moana o nga hapu o Ngati Porou that are unbroken by the Marine and Coastal Area Act; and
- the Crown asserts that neither the Crown nor any other person owns, or is capable of owning, the common marine and coastal area. Customary marine title will be recognised if the legal tests set out in the Marine and Coastal Area Act are met.
Most importantly, however, the amended Deed continues to recognise that the mana of nga hapu o Ngati Porou in relation to nga rohe moana o nga hapu o Ngati Porou is unbroken, inalienable and enduring and held and exercised by each of nga hapu o Ngati Porou as a collective right.
The Deed sets out four high-level principles that guide the agreement relating to nga rohe moana o nga hapu o Ngati Porou. These principles remain unchanged in the amended Deed.
Toitu te mana Atua
Acknowledges Nga Hapu o Ngati Porou will have the ongoing mana to continue to regulate and undertake activities on, over or within nga rohe
Toitu te mana whenua me te mana moana
Recognises the unbroken, inalienable and enduring mana of Nga Hapu o Ngati Porou in relation to their rohe moana.
Toitu te mana tangata
Provides recognition of the right of Nga Hapu o Ngati Porou to exercise influence over persons carrying out activities within, or impacting upon, nga rohe moana o nga hapu.
Toitu te Tiriti o Waitangi
Acknowledges the partnership principle underlying Te Tiriti o Waitangi and the obligation of both Ngati Porou and the Crown to act in good faith, fairly, reasonably and honourably towards each other.