Waikato River and Waipā River co-management

Legislation, agreements and responsibilities

• Treaty settlement legislation

  Waikato Tainui Raupatu Claims (Waikato River) Settlement Act

  Ngāti Tūwharetoa, Raukawa, Te Arawa River Iwi Waikato River Act

  Ngā Wai o Maniapoto (Waipa River) Act 2012
• Deeds of settlement

  Deed of Settlement in relation to the Waikato River [PDF, 691 KB]
  
  

  The following documents can all be found on the Office of Treaty Settlements website (http://www.ots.govt.nz/):

  • Raukawa Deed of Settlement - signed 2 June 2012
  • Maniapoto Waiwaia Accord - signed 27 September 2010
  • Ngāti Haua Deed of Settlement - signed 18 July 2013
  • Ngāti Koroki Kohukura - signed 20 December 2012
  • Tāmaki Makaurau Collective Initialled Deed of Settlement - initialled 7 June 2012
  • Waikato-Tainui Kiingitanga Accord - signed 22 August 2008 [PDF, 64 KB]
• Waikato River Authority

  The Waikato River Authority is responsible for implementation of, and changes to, the Vision and Strategy for the Waikato River. 

  The authority started operating in December 2010, and is equally represented by Crown (5) and iwi (5) appointees. Crown appointees include a person nominated collectively by local Waikato councils.  Meetings are generally open to the public. However, as with other public bodies, the authority may also consider whether any of its meetings or parts of meetings should be be public excluded.

  Authority decisions are made by consensus, but there are mechanisms in the legislation to elevate matters to the Minister of the Environment where agreement cannot be reached.

  The Waikato River Authority is also responsible for the Waikato River Clean-Up Trust, and allocates funds from the trust for river clean-up projects. Find out more the Waikato River Authority on the Waikato River Authority website.  

  Under its responsibilities, Waikato Regional Council has incorporated Vision and Strategy into the Waikato Regional Policy Statement. The council must also give effect to the strategy through its Waikato Regional Plan.

  Waikato Regional Council provides reporting and providing technical to the Waikato River Authority. The council is also able to apply to the authority for a share of the clean-up funds.

  The authority may also appoint, from its own register of approved commissioners, a 50 per cent membership of regional council hearing committees considering river-related resource consent hearings.

  Read the partnership agreement between Waikato River Authority and Waikato Regional Council.  [PDF, 1.9 MB]
  
• Joint management agreements (JMAs) with Waikato Regional Council

  JMAs  include agreed processes for input into resource consents, monitoring, enforcement and policy and planning matters. JMAs have been signed with Raukawa, Te Arawa river iwi, Ngati Maniapoto and Waikato-Tainui. The Waikato-Tainui legislation means their JMA with the council covers customary activities such as the use of the river for tangihanga.

  Maniapoto Māori Trust Board and Ōtorohanga District Council, Waikato District Council, Waikato Regional Council, Waipā District Council and Waitomo District Council [PDF, 2.6 MB]

  Tūwharetoa Māori Trust Board and Waikato Regional Council - 2018 [PDF, 4.7 MB]

  Waikato Raupatu River Trust (Waikato-Tainui) and Waikato Regional Council (Co-management Agreement for Waikato River Related Lands) - 10 December 2012 [PDF, 819 KB]

  Waikato Raupatu River Trust and Waikato Regional Council - 18 June 2013 [PDF, 441 KB]

  Te Poari Matua O Raukawa (Raukawa Settlement Trust) and Waikato Regional Council [PDF, 699 KB]

  Addendum to the joint management agreement - Raukawa Settlement Trust and Waikato Regional Council [PDF, 173 KB]

  Te Arawa River Iwi Trust and Waikato Regional Council [PDF, 909 KB]
• Waikato-Tainui Right of First Refusal (RFR)

  Where the Crown has reached a Treaty settlement with an iwi, this land may become subject to a Right of First Refusal (RFR) in favour of that iwi. The Waikato-Tainui RFR Statement, below, outlines the Waikato-Tainui view regarding the RFR principles and process. Through our ongoing collaborations with Waikato-Tainui, and in particular our mahi under the Joint Management Agreement and co-governance committee, we are committed to upholding the RFR process.

  Waikato-Tainui Right of First Refusal Statement - December 2015

  Read the Waikato-Tainui Right of First Refusal Statement, below.

  • Waikato-Tainui Right of First Refusal Statement - December 2015
    2 MB

  Video - Council workshop

  Watch a video, below of the 2024 Council workshop on the Waikato-Tainui Right of Refusal.

• Toituu te Whenua | Our Waikato-Tainui and Waikato Regional Council Land Management Strategy

  This strategy provides guidance and strategic direction for the use and management of settlement lands under the Waikato River settlement for improved environmental, cultural, social and economic outcomes.

  • Toituu te Whenua - Our Waikato-Tainui and Waikato Regional Council Land Management Strategy
    2.5 MB
• Memorandum of Understandings with Waikato Regional Council

  Hauraki Māori Trust Board and WRC [PDF, 315 KB]
• Iwi management plans

  An iwi management plan is a document developed and approved by iwi to address matters of resource management activity of significance within their respective rohe (region). The plans can contain information relating to specific cultural values, historical accounts, descriptions of areas of interest (hapū/iwi boundaries) and consultation and engagement protocols for resource consents and plan changes.

  These plans are taken into account by the council in the management of the region's natural resources, providing a formal way for iwi interests to be incorporated into the council's decision making.

  View iwi management plans that have been submitted to council for the Waikato region.
• Hauraki iwi Treaty settlement negotiations (Coromandel, Waihou and Piako catchment)

  On 22 December 2016 the Crown and the Iwi of Hauraki initialled a Collective Redress deed. Full details are available on the New Zealand Government website here.

  It’s expected Waikato Regional Council – which provides key catchment management services regionally – will play a part in the implementation arrangements once the settlements are enacted through legislation at an as yet to be determined time. 

  Waikato Regional Council is looking forward to working with the Hauraki iwi to achieve an integrated and coordinated approach to the management of the Coromandel, Waihou and Piako catchment waterways.

  The council has developed very positive working relationships under existing co-governance and co-management arrangements in other catchment areas and the experience gained over the years is expected to further assist our council in implementing the Hauraki collective settlement.

  The council remains committed to providing high-level catchment management services for all communities in the Coromandel, Waihou and Piako catchment areas. 

  The following information from the Office of Treaty Settlements provides some background information.

  The 12 iwi of Hauraki involved in these settlements

  Hako	Ngāi Tai ki Tāmaki	Ngāti Hei
  Ngāti Maru	Ngāti Paoa	Ngāti Porou ki Hauraki
  Ngāti Pūkenga	Ngāti Rahiri Tumutumu	Ngāti Tamaterā
  Ngāti Tara Tokanui	Ngaati Whanaunga	Te Patukirikiri

   Each iwi will receive its own settlement

  Both Ngāti Pūkenga and Ngāi Tai ki Tāmaki have already signed their deeds of settlement, leaving ten iwi-specific settlements to be finalised. These settlements provide redress exclusively for those iwi, and settle all their historical Treaty claims.

  Iwi have also formed collectives for the purpose of negotiating shared redress

  In 2009, the Hauraki Collective was formed for the purpose of receiving redress in the Hauraki region where the iwi have shared interests.  

  Settlement redress becomes public when deeds are initialled

  The initialling of a deed of settlement signals the end of negotiations. It is an important step in the journey towards settling the historical claims of iwi.

  Until deeds are initialled the iwi and the Crown are still in negotiation. Detail about the settlement is yet to be finalised and is therefore confidential.

  The initialled deed of settlement is subject to a vote (ratification) by members of the iwi. If the deed is ratified, the deed will be signed by the Crown and the iwi. The Crown will then introduce legislation to Parliament to give effect to the settlement.

  Partnerships with local authorities are often part of redress

  Some settlements provide for iwi to have a role in the governance/management of natural resources in partnership with local authorities. This is part of cultural redress and is aimed at giving effect to iwi aspirations over the governance/management of natural resources, balanced with the roles and responsibilities of local authorities.

  In many cases, the Minister for Treaty of Waitangi Negotiations will write to local authorities formally advising them of matters of particular importance to the iwi. The Minister may also write letters of introduction to local authorities encouraging them to develop stronger relationships with the iwi.

  In some cases iwi may be involved in decisions about public reserve land

  Where iwi have strong associations with an area of public reserve land, such as the Department of Conservation or council park land, then arrangements are sometimes made for local authorities and iwi to work together on decision-making about management of these areas.

  Arrangements for reserves can include encumbrances requiring protection of public access, any conservation values, and third party interests.

  Crown-owned land can also be transferred to iwi

  Ownership of land is a common priority for iwi and Crown land is often transferred to iwi as part of a settlement. This can include public conservation land being transferred to iwi ownership, normally with the rights and protections of the reserve intact.

  Existing rights are protected

  Private land is not available for use in settlements. Private land will only be considered if the private land owner offers it for transfer to iwi.

  Reserves may have a change in ownership and management after settlement. Any existing third-party rights over Crown-owned land will normally be guaranteed on the same terms as now.  Existing public access will normally be preserved.