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Maniapoto Deed in relation to Co-governance and Co-management of the Waipa River

Category: Agreement
Date: 27 September 2010
Sub Category:Deed of Settlement (New Zealand)
Place:
The Waikato River is located in the North Island of New Zealand. The co-governance framework is extended to the Waipa River from its source at Pekepeke Spring to its junction with the Puniu River and includes all its associated waters and water columns, including those flowing through its floodplains and the Maniapoto karst, streams, waterways, tributaries, springs, geothermal springs, watercourses, and lakes.
Subject Matter:Water
URL: http://www.nz01.2day.terabyte.co.nz/ots/DocumentLibrary%5CManiapotoCo-Governancedeed.pdf
Summary Information:
Maniapoto Deed in relation to Co-governance and Co-management of the Waipa River ("the Deed") was signed by the the Crown, the Maniapoto and the Maniapoto Maori Trust Board in relation to the co-governance and co-management of the Waipa River on 27 September 2010.

Under this Deed, the Crown and Maniapoto agree to extend a co-governance framework over the whole of the Waipa River and provide for Maniapoto to participate in the framework; and establish co-management and related arrangements with Maniapoto in relation to the Waipa River. The Deed also includes a statement of significance of the Waipa River for the Maniapoto, a statement of the Vision and Strategy developed for the Waikato River and the Lower Waipa River and provides for a review of the co-management framework and arrangements.

The overarching purpose of the this Deed is to restore and maintain the quality and integrity of the waters that flow into and form part of the Waipa River for present and future generations and the care and protection of the manu tuku iho o Waiwaia.

This Deed does not settle the historical Treaty claims of Maniapoto. A Maniapoto comprehensive settlement has not yet been executed.

A Deed of Settlement is reached once a claim has been registered with the Waitangi Tribunal and has completed the settlement process of negotiation, ratification and execution, and in most circumstances, accompanied by a statute implementing the settlement. For more detailed information, see 'Deed of Settlement' below.
Detailed Information:
Background

Maniapoto is an iwi of the Tainui waka with more than 33,600 members. The Maniapoto have a historic, intellectual and spiritual relationship with the Waipa River and have a deeply felt obligation and desire to restore and protect the River. Historically, Te Mana o Te Wai was such that it would provide all manner of sustenance to Maniapoto including physical and spiritual nourishment that has over generations maintained the quality and integrity of Maniapoto marae, whanau, hapu and iwi.

The Waipa River is a significant contributor to the Waikato River and the Maniapoto acknowledge that the management of the Waipa River must be co-ordinated with the management of the Waikato River. The co-governance framework for the Waipa River established in this Deed is an extension of the co-governance framework for the Waikato River.

On 22 August 2008, representatives of the Crown and Waikato-Tainui signed a Deed of Settlement to settle the historical claims of Waikato-Tainui over the Waikato River and provide for the co-management of the river. Under this Deed, the Guardians Establishment Committee (GEC) was formed with the role of developing Vision and Strategy for the Waikato and Waipa rivers. Maniapoto were had one representative on the GEC due to their interest in the Waipa River.

On 4 September 2008, the Maniapoto and the Crown initiated an agreement in principle for co-governance and co-management for the whole of the Waipa River.

As a result of the recommendations of an Independent panel established to review the Crown's various co-management agreements, a new deed of settlement was signed with the Waikato-Tainui in December 2009 and in November 2009 an updated agreement in principal was signed between the Maniapoto and the Crown.

The Waipa river is a significant contributor to the Lower Waikato River and thus will have a significant impact on the arrangements to restore the Waikato River.

This Deed based on the updated agreement in principle between the Crown and the Maniapoto was signed on 27 September 2010. The Deed does not settle any historical Treaty of Waitangi claims of Maniapoto relating to the Waipa River.

Vision and Strategy

The Deed includes the Vision and Strategy statement developed by the GEC for the Waikato and Lower Waipa Rivers.

The Maniapoto endorse the Vision and Strategy. As stated in schedule 1 to this Deed, the vision is:

"for a vision where a healthy Waikato sustains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and well-being of the Waikato River, and all its embraces, for generations to come."

The Vision and Strategy also sets out a number of objectives and strategies to achieve this vision.

Co-Governance Framework

The Deed documents the commitment of the Crown and the Maniapoto to a new era of go-governance to achieve the purposes of the Deed.

As stated in the Nga Wai o Maniapoto (Waipa River) Bill 231-1 (2010), the co-governance framework comprises—

  • "recognition of the specific and enduring relationship of Maniapoto with the Waipa River;

  • development and recognition of Maniapoto objectives for the Waipa River;

  • legislative recognition of the vision and strategy extending over the whole of the Waipa River, including the ability to amend the vision and strategy to achieve the overarching purpose of the deed insofar as the vision and strategy relates to the Upper Waipa River;

  • granting functions and powers to the Waikato River Authority through legislation in respect of the Upper Waipa River; and

  • clean-up arrangements for the Upper Waipa River."


  • The co-management framework

    The co-management arrangements include:

    "- Provision in the Maniapoto legislation for:
  • The Maniapoto Iwi Environmental Management Plan;

  • enhanced participation of Maniapoto in resource consent processes, monitoring and enforcement, and policy and planning under the Resource Management Act 1991 through joint management agreements with local authorities;

  • the establishment of an upper Weipa River Integrated Management plan;

  • the issuing of regulations; and

  • other matters specified in part 7; and

  • - entry by Ministers and other persons into an accord with Maniapoto."

    Review

    A review process is provided for in part 9 of the Deed.

    Under this part the Maniapoto and the Crown agree to arrange for their representative to meet (the first meeting being no later than the 3rd anniversary of the deed) to discuss and review the measures taken under the Deed and the Maniapoto legislation, the effectiveness of those measures in meeting the overarching purpose of this Deed and enabling Maniapoto decision making and to consider further action under the Deed.

    Related Entries

    Agreement
  • Waikato River Deed of Settlement
  • Organisation
  • New Zealand Government - Signatory
  • People
  • Maniapoto and The Maniapoto Maori Trust Board - Signatory

  • Glossary

    Deed of Settlement (New Zealand) | Hapu (Aotearoa/New Zealand) | Iwi (Aotearoa/New Zealand) | Maori People (Aotearoa/New Zealand) | Settlement Legislation (New Zealand) | Statutory Body | Agreement in Principle / Heads of Agreement (New Zealand)

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