Theme Seven - NZBS Strategy

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		Theme Seven — Maori and Biodiversity

The NZBS Strategy

	Contents

	Foreword

	Executive Summary

	Part One

	Part Two

	Part Three

	::	Theme One

	::	Theme Two

	::	Theme Three

	::	Theme Four

	::	Theme Five

	::	Theme Six

	::	Theme Seven

	::	Theme Eight

	::	Theme Nine

	::	Theme Ten

	::	Key to Key Players

	Part Four

	Annex One

	Annex Two

	Glossary

	Suggestions for Further Reading

Scope

The interests and roles of Maori in conserving and sustainably using New Zealand's biodiversity.

Desired outcome for 2020
The relationship that Maori have with New Zealand's indigenous biodiversity, as tangata whenua, is recognised and valued in the process of conserving and sustainably using biodiversity. Traditional Maori knowledge, or matauranga Maori, about biodiversity is respected and preserved and informs biodiversity management.

Effective working relationships, founded on the Treaty of Waitangi, are continuing to be built between government agencies and iwi and hapu, enabling their involvement at all levels of biodiversity management. The resolution of Treaty claims has expanded the roles Maori play in biodiversity management, enhanced the integration of cultural values, and informed how benefits from the use of indigenous biodiversity can be shared by New Zealanders. There is greater community understanding of Maori customary use of native species and this continues to be ecologically sustainable.

Maori are managing their interests in biodiversity reflecting different iwi and hapu priorities, and sharing in the benefits of its use, to support their economic and social aspirations and fulfil their responsibilities as kaitiaki.

Current management
The traditional relationship developed over centuries of close interaction by Maori with New Zealand's indigenous biodiversity remains an important part of the lives of many Maori. As well as being traditional users of biological resources, Maori have interests in agriculture, forestry, fisheries, aquaculture and ecotourism, all of which revolve around biodiversity. Maori are involved in all aspects of biodiversity management, including conservation and customary and commercial use. They are kaitiaki for the biodiversity of tribal areas and holders of traditional tribal knowledge.

The key environmental laws of the past decade recognise, to varying degrees, Maori interests in New Zealand's indigenous biodiversity, as protected in Article Two of the Treaty of Waitangi. However, Maori continue to assert ownership over indigenous biological resources, including genetic resources, claiming that their ownership of such resources was guaranteed by Article Two.

Maori are also developing their own iwi management plans, addressing natural resource issues within their rohe, including biodiversity. Maori involvement in biodiversity and resource management is also increasingly taking the form of partnership arrangements between Crown agencies and Maori (see following box). For example, partnerships between DoC and individual iwi and hapu include shared management of particular conservation areas and access to biological resources for customary use. Taiapure and mataitai reserves provide opportunities for Maori to participate in the management of customary fisheries and marine biodiversity. Advances in iwi and hapu participation in resource management processes have also been made, although effective partnerships are still uncommon.

The customary use of indigenous biodiversity is a vital part of sustaining relationships with traditional areas and maintaining cultural integrity, knowledge and values. For example, native species are an important source of materials for carving, weaving and rongoa (traditional medicine). Current management regimes enable customary use of biological resources to varying extents across land, freshwater and marine environments and for different species.

Partnership at Motatau

Leading the way in Northland, Ngatihine has taken up management of the Motatau Forest Reserve in a bid to turn the receding tide of kukupa (kereru or native wood pigeon) in the forest.

Located midway between Whangarei and Kaikohe at the head of the Motatau valley, the 350 hectare broadleaf-podocarp forest bears the ecological scars of decades of browsing and predation from possums, goats, pigs, rats, cats and stoats. Like other forests in Northland, the kukupa and kiwi have become scarce, and many tree species, such as taraire, puriri and karaka, are unable to fruit and reproduce.

Under the initiative of Ngatihine, DoC entrusted guardianship and management of Motatau to the iwi in 1994. With help from Landcare Research, DoC, the Education and Training Support Agency (ETSA) and the Lottery Grants Board, and working to a carefully developed management plan, Ngatihine aims to reduce the predator population in the forest and maintain a sizeable buffer zone on the surrounding privately owned land. An intensive pest control operation began in 1997, with ongoing monitoring to test its effectiveness. Training programmes in pest control are also being run at Motatau to enable the ongoing involvement of local people.

If successful, the Motatau programme will provide a model for other conservation campaigns in the area. And the kukupa will once again thrive in the forest, providing that crucial link in the seeding and regeneration of the fruit-bearing native trees.

Summary of issues Working relationships and partnerships
Working relationships and partnerships in biodiversity management between Maori (iwi and hapu) and management agencies have the potential to be further improved. Factors that currently constrain the development of effective arrangements include:

the resolution of Treaty of Waitangi claims;
insufficient capacity and resources within iwi and hapu;
poor understanding of Maori priorities and cultural values;
the need to accommodate the interests of the wider New Zealand public in management arrangements, and the respective roles of specialised local and scientific experts in providing advice and management direction;
a reluctance of some management agencies to consider partnerships with iwi; and
the variability in experiences in building and maintaining working relationships, and a need for greater sharing of experiences between local and central government, and iwi and hapu.

Matauranga Maori
Traditional Maori knowledge (matauranga Maori) about New Zealand's biodiversity is an important source of knowledge, but is currently under-used and vulnerable to ongoing erosion and loss. Its recognition, use and protection are central to Maori participation in biodiversity management.

Unresolved intellectual property right issues related to the ownership and use of matauranga Maori (for example, as raised in the Wai 262 claim to the Waitangi Tribunal) constrain its effective protection and application in biodiversity management.
There are currently no formal mechanisms to sustain matauranga Maori and there is little recognition of its potential contribution in biodiversity management.
Maori are often willing to share their traditional knowledge but only on the basis that they retain control over that information and the way in which it is used. This may create a potential conflict between promoting the public understanding of matauranga Maori and the desire of Maori to protect this information from improper use.
Maori biodiversity science and research needs are not yet well recognised within government science funding processes.

Customary use of biodiversity
The customary use of New Zealand's biological resources by Maori remains an important part of sustaining relationships with indigenous biodiversity and maintaining cultural integrity, values and traditional knowledge.

The development of national policy on customary use of native species by Maori has been constrained by poor public understanding of customary use issues, a lack of recognition of matauranga Maori, and inadequate ecological knowledge of native species.
Conflicts and tradeoffs between user groups (for example, commercial and recreational) may need to be addressed in resolving some customary use issues.

The term "customary use" embraces traditional Maori use, practices and knowledge, and refers to contemporary uses of biological resources by Maori founded on this body of lore. However, Maori have a spectrum of interests in biological resources - from protection to customary and commercial use or development - and there is a strong link between customary use issues and issues relating to commercial use of genetic resources.

Action plan⁵⁶

Objective 7.1 Partnerships in biodiversity management

Develop partnerships between Maori and Crown agencies in the conservation and sustainable management of biodiversity, consistent with the principles of the Treaty of Waitangi.

Actions:
a) Improve current management to encourage iwi and hapu participation in processes for managing biodiversity within their rohe, including management of conservation areas, and resource management processes applying outside of these areas, and recognise iwi and hapu resource management plans that address biodiversity issues within their rohe.

Key players: DoC*, MfE*, TRK, LAs, iwi/hapu⁵⁷

b) Negotiate and establish protocols and arrangements with iwi and hapu at regional and local levels with respect to the management of specific habitats or particular species within their rohe, as a basis for building and maintaining effective working relationships and partnerships.

Key players: DoC*, TPK, MfE, Mfish, LAs, iwi/hapu

c) Increase measures to support the conservation and sustainable use of biodiversity on Maori owned land⁵⁸ in ways that enable the retention of tino rangatiratanga (ownership and control) through such mechanisms as Nga Whenua Rahui.

Key players: DoC*, Nga Whenua Rahui, iwi/hapu

Objective 7.2 Matauranga Maori

Recognise and respect the role of matauranga Maori in biodiversity management and provide for its retention and protection.

Actions:
a) Work with Maori knowledge specialists to develop a framework for the retention and promotion of matauranga Maori and its use in biodiversity management.

Key players: TPK*, DoC, MfE, FRST, research providers, whare wananga, iwi/hapu

b) Recognise the knowledge and role of Maori as kaitiaki in the conservation and sustainable use of biodiversity, including the cooperative management of public conservation areas and local authority resource management processes.

Key players: DoC*, MfE*, TPK, LAs, iwi/hapu

c) Enable Maori to incorporate traditional values and practices within tikanga-based biodiversity projects (such as the DoC Tikanga Atawhai projects) as part of their role as kaitiaki, and as a means of promoting and reviving matauranga Maori.

Key players: DoC*, MfE, TPK, LAs, iwi/hapu

d) Educate New Zealanders about the role of matauranga Maori in biodiversity conservation and management.

Key players: TPK*, DoC, MfE, iwi/hapu

Objective 7.3 Treaty of Waitangi claims settlement processes

Ensure policy development in relation to the conservation and sustainable use of biodiversity is responsive to the outcomes of Crown Treaty settlements and that Treaty settlement proposals are advanced in ways that enable the conservation and sustainable use of biodiversity.

Actions:
a) Monitor Treaty settlements and ensure Treaty settlement provisions and biodiversity management policies are compatible and complementary.

Key players: DoC*, MfE*, TPK, Mfish, OTS, LAs, iwi/hapu

b) Advise parties negotiating Treaty settlements on the biodiversity implications of settlement options.

Key players: DoC*, MfE, TPK, OTS, LAs, iwi/hapu

Objective 7.4 Science and research

Recognise and provide for Maori interests and involvement in government-funded scientific research about biodiversity.

Actions:
a) Develop a process for incorporating Maori biodiversity research needs into priority setting for research at national, regional and local levels.

Key players: MoRST*, FRST*, DoC, MfE, LAs, iwi/hapu, research providers

b) Encourage partnerships between science providers and Maori in undertaking appropriate government-funded research.

Key players: MoRST*, FRST*, DoC, MfE, LAs, iwi/hapu, research providers

Objective 7.5 Customary use of biodiversity

Recognise and provide for the customary use of indigenous species by Maori, consistent with the conservation and sustainable management of biodiversity.

Actions:
a) Develop and implement policy to address outstanding issues relating to the sustainable Maori customary use of native species based on the New Zealand Conservation Authority's work in this area, including policy that encourages iwi to provide sufficient habitat for native species to establish conditions that allow customary use of those species.

Key players: DoC*, NZCA, conservation boards, TPK, iwi/hapu

b) Work with Maori to facilitate access to traditional materials, developing sources and harvesting techniques which minimise the potential adverse effects on indigenous biodiversity, and, where necessary, developing alternative materials.

Key players: DoC*, iwi/hapu

Wai 262 - Indigenous flora and fauna claim

In 1991 a group of claimants (on behalf of Te Rarawa, Ngati Kuri, Ngati Koata, Whanau a Rua, Ngati Porou, Ngati Kahungunu and Ngati Wai) lodged a claim with the Waitangi Tribunal to indigenous flora and fauna; this has become known as the WAI 262 claim after its Tribunal registration number.

The claim concerns rights relating to indigenous plants and animals, specifically:

"Te tino rangatiratanga o te Iwi Maori in respect of indigenous flora and fauna me o ratou taonga katoa (and all their treasures) including .... matuaranga, whakairo, waahi tapu, biodiversity, genetics, Maori symbols and designs and their use and development and associated indigenous, cultural and customary heritage rights in relation to such taonga." (Amended Statement of Claim)

The scope of the claim is broad and includes the ownership and use of indigenous flora and fauna and their genetic resources, related knowledge and intellectual property rights, and their management and conservation. It is the first time the Tribunal has inquired into the area of biodiversity and traditional knowledge. The outcome of the claim may have significant implications for biodiversity management in New Zealand.

While the Tribunal granted the claim urgency in 1995, the research, hearings and reporting may take several years yet (claimant evidence is still being heard and evidence from the Crown is likely to follow). Because of this timing and the uncertainty of the Tribunal's findings and recommendations, it will be important that the Strategy does not constrain the Crown's ability to provide a policy response to the claim. On the other hand, neither should the existence of the claim unreasonably fetter Crown policy development in the biodiversity area.

*Government lead

⁵⁶ Actions shown in bold are priority actions (see Part Four).

⁵⁷ See key to key players.

⁵⁸ "Maori-owned" land refers to both Maori land (as defined in Te Ture Whenua Maori or The Maori Land Act 1993) and general land owned by Maori.