As treaty claims are settled, Auckland will move into a new phase where Mana Whenua aspirations are clearly articulated and empowered. This creates an opportunity to develop a new approach to resource management where Mana Whenua are directly involved in the resource management process, and where tikanga [Customary lore and practice, Maori protocols] and matauranga Maori [Maori knowledge] shape resource management decisions…
The Unitary Plan has an important role in helping decision-makers to expand their perspective to include tikanga that are significant to Mana Whenua and have a bearing on resource management. The Unitary Plan will provide clear direction that tikanga must be properly considered in relation to any activity within the rohe [Region, district or area].
Mana Whenua can exercise Tino Rangatiratanga [self-determination*] and Mana Motuhake [An individual’s authority to determine his/her own destiny, self-determination] through participation in resource management processes and decisions.
4. The knowledge base of Maori cultural heritage in Auckland continues to be developed, giving priority to areas where there is a higher level of threat to the loss or degradation of areas, features or sites of significance to Mana Whenua.
1. Council will work with Mana Whenua to develop a methodology for identifying, researching and assessing areas, features and sites of significance to Mana Whenua that will be nominated for scheduling.
2. Council and Mana Whenua will identify and record Maori cultural heritage values associated with the Maori cultural landscape by:
a. developing and using an agreed methodology to identify, record and assess, map and protect Maori cultural heritage in accordance with the aspirations of Mana Whenua iwi and hapu
b. identifying and recording Maori cultural and spiritual values associated with landscapes and features within a spatial context in accordance with tikanga and matauranga Maori.
5. Identify and protect the values of areas, features and sites of significance to Mana Whenua using one or more of the following criteria:
Ko te mauri me te mana o te waahi, te taonga ranei, e ngakaunuitia ana e te Mana Whenua
The mauri (life force and life-supporting capacity) and mana (integrity) of the place or resource holds special significance to Mana Whenua.
b. Wahi tapu
Ko tera wahi, taonga ranei he waahi tapu, ara, he tino whakahirahira ki nga tikanga, ki nga puri mahara, o nga wairua a te Mana Whenua
The place or resource is a waahi tapu of special, cultural, historic, metaphysical and or spiritual importance to Mana Whenua.
c. Korero Tuturu/historical
Ko tera waahi e ngakaunuitia ana e te Mana Whenua ki roto i ona korero tuturu
The place has special historical and cultural significance to Mana Whenua.
d. Rawa Tuturu/customary resources
He waahi tera e kawea ai nga rawa tuturu a te Mana Whenua
The place provides important customary resources for Mana Whenua.
e. Hiahiatanga Tuturu/customary needs
He waahi tera e eke ai nga hiahia hinengaro tuturu a te Mana Whenua
The place or resource is a venue or repository for Mana Whenua cultural and spiritual values.
f. Whakaaronui o te Wa/contemporary esteem
He waahi rongonui tera ki nga Mana Whenua, ara, he whakaahuru, he whakawaihanga, me te tuku matauranga
The place has special amenity, architectural or educational significance to Mana Whenua.
The knowledge base of information surrounding Maori cultural heritage is continually developing and tools that provide a form of protection and inform subdivision, use and development are increasingly valuable. Recognition is also given to the right of Mana Whenua to choose not to identify or schedule areas, features or sites of significance or special value.
6. Recognise that Mana Whenua are specialists in determining their values and associations with areas, features or sites of significance.
7. Recognise that areas, features or sites of significance to Mana Whenua may be significant to whanau, hapu or iwi.
8. Recognise that some information surrounding the values and associations of a feature may be sensitive and put an area, feature or site at risk of destruction or degradation, meaning it may not be appropriate to make it public.
12. Recognise that information may be held in various forms and may be in Te Reo Maori in accordance with the tikanga of the iwi or hapu.
“Council has a statutory responsibility, through Part 2 of the RMA, to protect Maori cultural heritage from inappropriate subdivision, use and development. These policies also recognise this along with council’s responsibilities under the NZCPS (Objective 3, Policies 2 and 15) to employ a collaborative approach with Mana Whenua, working in accordance with tikanga to identify, assess, protect and manage Maori cultural landscapes and areas, features or sites of significance to Mana Whenua.”
Where sufficient information exists on the location and values of sites, the Unitary Plan can afford protection through scheduling of sites through the Sites of Significance to Mana Whenua overlay. Scheduling offers the greatest protection through the Unitary Plan, as a significant amount of research is required to provide a robust basis for scheduling these sites.
Despite a large number of Mana Whenua groups having a strong association with the Auckland area, within Auckland very few sites have been scheduled. The lack of scheduling may be due to a number of reasons including the sensitivity of the information surrounding the protection of the site, and the reluctance of Mana Whenua to make this information available in a public document.
There are thousands of areas, features and sites within Auckland where there is a high likelihood of Maori cultural heritage being discovered or affected. It is important that there are robust processes to ensure that the values associated with areas, features and sites that are not scheduled are also appropriately recognised and managed.
“Mana Whenua have the right to choose not to identify places or values of historic, cultural or spiritual significance or special value. Further work will be undertaken with Mana Whenua to formally review and consider the most appropriate method to protect these areas, features and sites to achieve Mana Whenua aspirations.”
“Maori cultural landscapes (areas of significance to Mana Whenua)
Maori cultural heritage extends beyond individual sites of significance and includes wider ‘areas’ of historic occupation, where Mana Whenua values and associations with the landscape are reflected through landmarks, place names, portages, areas of seasonal occupation and historical transport routes that are also of importance to Mana Whenua.
Mana Whenua liken their cultural landscape to their cultural footprint/tapuwae – which is of Maori cultural heritage in its own right. It is not site-specific; rather it is the context of the landscape, the volcanic maunga fields, and the numerous waterways and tributaries overlaid by layers of Maori history. Maori cultural landscapes provide the context and identify relationships within which areas, features and sites of significance to Mana Whenua exist, recognising that sites do not exist in isolation. It is important that Mana Whenua values and associations present in the landscape are retained so that future generations can pass on traditional skills and knowledge. In some cases, protection is appropriate for areas, features and sites that are important to the wider Maori community and not specifically for their significance to Mana Whenua.”
Maori knowledge is traditionally passed down orally from one generation to the next. Tohunga [Expert, specialist] and kaumatua are repositories of knowledge and are highly regarded for their knowledge of the spiritual and physical realms. These customs are still commonplace in Maori culture and it is important that sensitive information is managed in accordance with protocols that have been agreed with Mana Whenua.
1. The relationship of Mana Whenua with their unscheduled areas, features and sites of significance is recognised and provided for. 2. The tangible and intangible values and associations of Mana Whenua with their cultural landscapes and Maori cultural heritage are recognised, protected and enhanced.
1. The council and Mana Whenua will:
a) develop a methodology for recognising, enhancing and protecting Maori cultural landscapes, giving priority to the coastal environment and areas where there is a higher level of threat to the loss or degradation of areas, features or sites of significance to Mana Whenua
b) identify areas of known Maori cultural heritage in the Maori cultural heritage alert layer for guidance on matters to be considered in preparing resource consents, assessment and regulatory decision-making.
2. Require a cultural impact assessment where:
a) development is proposed in an identified Maori cultural landscape
b) Maori cultural heritage is present or there is high likelihood of Maori cultural heritage being present.
3. Manage the impact on areas, features or sites of significance to Mana Whenua that are discovered during development or land use by:
a) requiring a protocol for the accidental discovery of koiwi, archaeology and artefacts of Maori origin
b) undertaking appropriate actions in accordance with matauranga and tikanga Maori
c) undertaking appropriate measures to avoid adverse effects. Where adverse effects cannot be avoided, they are remedied or mitigated.
4. Protect Maori cultural heritage and enhance the relationship of Mana Whenua with their areas, features or sites of significance by requiring subdivision, use and development to:
a) avoid adverse effects on the values of areas, features and sites of significance to Mana Whenua
b) mitigate, where avoidance is not practicable, the effects in a way that reflects the scale of the effects on those values
c) incorporate the outcomes of consultation with Mana Whenua and articulated in iwi planning documents
d) incorporate matauranga, tikanga and Mana Whenua values, including spiritual values
5. In determining the type and extent of mitigation, consider the relationship of the site of significance with its surrounds, through the incorporation of:
a) the design of proposed structures
b) landscaping and vegetation including removal and replanting
c) landform modification.
“The Sites of significance to Mana Whenua overlay identifies areas, features and sites that have been scheduled and protected for their Maori values. Where there is sensitive information regarding the significance of the sites special protocols agreed with Mana Whenua will outline the management of this information.
“Mana Whenua are aware of many other areas, features and sites that may be equally or more significant, and acknowledge there may be shared interests over scheduled locations. It is intended to identify further areas, features and sites nominated by Mana Whenua through future plan changes including those identified through other legislation.”
1. The tangible and intangible values of scheduled sites and features of significance to Mana Whenua are protected and enhanced.
1. Avoid adverse effects on the values of scheduled areas, features and sites of significance to Mana Whenua.
2. Require subdivision, use and development to:
a) enhance the values of the area, feature or site of significance and the relationship of Mana Whenua with their taonga, commensurate with the scale and nature of the planning application
b) incorporate matauranga, tikanga and Mana Whenua values, including spiritual values
c) incorporate the outcomes articulated by Mana Whenua through consultation and within iwi planning documents
d) demonstrate consideration of practicable alternative methods, locations or designs which would avoid or reduce the impact on the values of sites of significance to Mana Whenua
e) include mitigation that is compatible with Mana Whenua values and is commensurate with the extent of the effects
f) encourage preservation of the area, feature or site and its values
g) demonstrate consideration of practical mechanisms to maintain or enhance the ability to access and use the area, feature, site for karakia [A ritual recitation often used to open and close meetings], monitoring, customary purposes and ahika roa [burning fires of occupation – title to land through occupation by a group, generally over a long period of time. The group is able, through the use of whakapapa, to trace back to primary ancestors who lived on the land*] by Mana Whenua
i. excavation or earthworks near a scheduled site
ii. the use of areas, features and sites of significance to Mana Whenua for infrastructure.
3. Demonstrate a proposed construction methodology that includes:
a) the location of equipment and construction materials including soil and vegetation
b) the duration and timing of works.
4. Reflect the relationship of the site of significance with its surrounds through the incorporation of:
a) the design of proposed structures
b) landscaping and vegetation including removal and replanting
c) landform modification
d) maintenance of view shafts to and between sites of significance to Mana Whenua.
5. Whether the proposed activity is appropriate considering the nature of the site of significance and the associated values.
6. Manage subdivision so that areas, features or sites of significance to Mana Whenua are not split into multiple land parcels.