Maori Purposes: Treaty Settlement Land

The following provides an overview of what this chapter is about and key outcomes sought. To view the chapter in its entirety please download the chapter from the attached pdf.

Please note this chapter should be read in conjunction with the Kaipara District Council Engineering Standards 2009. You can view the Engineering Standards 2009 in the More Info section of the website. A copy of the Kaipara District Council Engineering Standards 2009 is also available to view at council offices or on CD by request.

Introduction

This Chapter of the District Plan addresses land included as part of the recent Treaty Settlements between:

Te Uri o Hau, Ngati Whatua and the Crown; and
Te Roroa and the Crown.

The Deeds of Settlement contain Crown acknowledgements of historical grievances and apologies including the following:

"The Crown has accepted that it had a duty under the Treaty of Waitangi to:

act in the utmost good faith toward Maori

ensure Maori retained sufficient land for sustenance and growth,

ensure European settlement accurred in an orderly fashion,

and, that the alienation of Maori land and the operation and impact of the native land laws had a number of consequences, including:

a significant loss of land by some Maori communities, with some becoming virtually landless,

the removal of a key resource, contributing to a breakdown of Maori communities and hindering their effective participation in society,

community dispersal, resulting from the fragmentation of land ownership."

(Te Uri O Hau Deed of Settlement Summary 2008)

and

"The Crown apologises to Te Roroa for past dealings that breached the Crown's obligations under the Treaty of Waitangi. These include the cession of land at Te Kopuru in 1842; Crown land purchases from 1876; the operation and impact of the native land laws; and the Crown's failure to ensure that Te Roroa retained sufficient land for their present and future needs."

(Te Roroa Deed of Settlement Summary 2008)

It is not the role of the Council to act as treaty agents; however the Council endorses the principles of the Treaty of Waitangi and the importance of providing for the economic and social well being of iwi by providing a flexible approach for the use of Treaty Settlement land.

There are two types of Treaty Settlement Land which have resulted from the Treaty Settlement process, these include Cultural Redress land and Commercial Redress land. Unlike Maori Land administered under Te Ture Whenua Maori Act 1993 (Maori Land Act) and described in Chapter 15A, Treaty Settlement land is held general title and includes a significant network of esplanade strips covenanted under the Conservation Act 1987.

The settlement between the Crown and both Te Uri o Hau and Te Roroa, included a planning phase where items of notable value to the wider community, as well as to tangata whenua were covenanted and protected. As a result, the Deeds of Settlement provide a clear description of land that has been either returned or been registered with acknowledgements of the respective iwi’s traditional, historical, cultural and spiritual association with places and sites owned by the Crown within their area of interest as a form of Cultural Redress. The overall objective of the cultural redress properties is to protect the cultural values of the land.

Compensation in the form of Commercial Redress has also been provided aimed at providing iwi with resources to assist in the development of their economic and social well being. The intent of the settlements is for Te Uri o Hau and Te Roroa to manage and develop (and sell if they deem necessary) these redress properties as an economic base. Culturally important sites fall within some of the commercial redress properties and protection of these sites is paramount to tangata whenua. Equally, some of the cultural redress properties have potential for commercial development if carefully managed. For this reason, in partnership with the cultural and historical value assigned to the land, Treaty Settlement land is considered sufficiently unique to warrant its own zone within the Kaipara District.

During the settlement process both the cultural and commercial redress properties were made subject to covenants designed to protect public access and features of natural and historic value. The covenants included land management requirements, protection of reserve values, protection of significant flora and fauna, protection of coastal landscapes, public access easements and esplanade easements.

How to Use This Chapter of the District Plan

This Chapter does not specify what land uses can or cannot be done in this Zone. Instead it sets ‘standards’ to make sure that the effects of activities are within an acceptable level for the Maori Purposes: Treaty Settlement Land Zone (and where appropriate for the Overlay environments). As long as the standards are met, landowners have flexibility on what activities they do on their property. However, if someone wants to exceed the standards, they will need to apply to do the work (lodge a resource consent). Council has an opportunity to approve or decline the consent and to set some conditions on how the activity is done. This Chapter also seeks to make sure that subdivision has adequate servicing, including roading to avoid, remedy or mitigate effects on the rural environment.

Before you use this Chapter of the District Plan, check:

	That the property for development is located in this zone (Map Series 1);
	If the property has an environmental overlay on it (Map Series 1); anf
	If the property has a special site, area, feature or management unit on it (Map Series 2) (if it does, you need to look at the relevant Chapter for that site, area, feature or unit first).

Outcomes

Cultural values associated with Treaty Settlement Land are protected and enhanced.
Commercial and cultural redress properties are managed and developed to provide for Te Uri o Hau and Te Roroa cultural, economic and social wellbeing.
Maori land is appropriately developed to provide suitable buildings served by effective infrastructure.
The character (including social, environmental and natural values) of the rural environment will be retained.
Rural production activities will continue to be provided for in all existing rural areas.
‘Traditional’ rural production activities will occur in the ‘Rural Heartland’.
The maintenance and enhancement of those values that contribute to amenity landscapes.
Retained ability to develop lifestyle residential development on varying lot sizes, providing that the character (including social and natural environments) is preserved.
Growth in low density residential development in the rural areas around the Harbours, while maintaining the open space and discreet character of the environ, particularly as viewed from the water and from the Harbour environs.
The provision and maintenance of required levels of capacity, efficiency and safety of services and infrastructure.
The creation of a rural environment which provides for the social and economic needs of the District’s communities through the sustainable management of natural and physical resources.