Kaitiakitanga

Under Section 7 of the RMA all individuals exercising functions and powers in relation to managing the use, development and protection of natural and physical resources are required to “have particular regard” to kaitiakitanga amongst others.

[4] Despite this definition in RMA, it is the rūnanga holding manawhenua tribal authority over a particular area or resource that will be able to determine the characteristics of kaitiakitanga and how this will be expressed.

[7] Further, there is the role of Tangata Tiaki who are chosen by iwi and hapū groups and appointed by the Ministry of Fisheries to act as guardians for a specific area.

Under the RMA all those exercising power have a mandatory obligation to recognise and make provision for Māori cultural values in all aspects of resource management when preparing and administering regional and district plans,[8] this includes the mandated Coastal Policy Statement.

[9] The Fisheries Act 1996, under Part 9 and in particular Section 186, and South Island Customary Fisheries Regulations 1999 provides for a number of legal tools derived from traditional kaitiakitanga methods for sustainability that may be applied by local iwi in relation to customary fishing rights and assist local iwi in the sustainable management and protection of their traditional mahinga kai gathering sites.

[7] The purpose of acknowledging a taiāpure is to provide improved provision for recognising rangatiratanga and the fisheries rights secured under the Article 2 of the Treaty of Waitangi.

[7][10] Mātaitai are reserves where the tāngata whenua manage all non-commercial fishing by making bylaws, which apply equally to all individuals having been approved by the Minister of Fisheries.

Manawhenua (tribal authority) over this area is held by Ngāti Kuri, one of 18 Ngāi Tahu papatipu rūnanga, and have had increased opportunities to develop a local community management strategy, incorporating socio-cultural values along with those of the biophysical.

Te Poha provides a written statement that consolidates Ngāti Kuri values, knowledge and perspectives on natural resource and environmental management issues, including the coastal marine area and is an expression of kaitiakitanga.

Further, the stated purpose of this plan is to provide a tool for Te Rūnanga o Kaikōura to not only effectively and proactively apply Ngāti Kuri values to the management of natural resources, wāhi tapu and wāhi taonga, but also to give assistance to local, territorial and national authorities to understand Ngāti Kuri values and perspectives, and fulfil their statutory obligations under the Resource Management Act 1991, Conservation Act 1987 and other environmental legislation.

It is this inclusion of local, regional and national organisations that strengthens the opportunities for Ngāti Kuri values and kaitiakitanga principles to be supported in any proposed implementations in the frequently socially and politically contentious coastal environment.

[12] Based from local knowledge and best available science the Kaikoura Marine Strategy has a vision formed around four outcomes and four “cross cutting implementation actions”.

[12] Due to the pressures from the combination of recreational, commercial and customary harvesters depleting fish stocks a section 186b temporary closure as a form of rāhui was proposed and emplaced on the Waiōpuka reef area of the Kaikōura Peninsula, see figure 2.