14.1.1 The unique and historical relationship of Waikato-Tainui with its traditional lands and waterways has extended over many generations. The importance of this relationship is evident in many customary activities that Waikato-Tainui still undertakes. The mana whakahaere of Waikato-Tainui has associated requirements to responsibly use, protect, and enhance customary resources, and to ensure their on-going health and wellbeing. Waikato-Tainui customary activities and resource use include, but are not limited to the activities below.
14.1.2 Koroneihana – the annual celebration of the coronation day of the Head of the Whare Kaahui Ariki.
14.1.3 Waka or kohikohia – the launching and use of waka and support craft and the erection and use of associated temporary structures (including barges and temporary jetties) on the Waikato River for ceremonial, customary, recreational, competition and sporting purposes including:
(a) Waka taua (ceremonial and war canoes) at significant tribal events including:
i. The annual Ngaaruawaahia Regatta; and
ii. The annual Koroneihana; and
(b) Waka ama, waka hourua and waka koopapa (racing canoes) and waka teetee (river canoes) at tribal events including:
i. The annual Ngaaruawaahia Regatta;
ii. The biennial Waikato-Tainui Games; and
iii. Other Tribal Regatta and Waikato-Tainui Marae Games.
14.1.4 Tangihanga and hari tuupaapaku – the transportation of human remains and the accompanying funeral ceremonies.
14.1.5 Tangohia ngaa momo takawai – the collection of resources, such as river stones, shingle, and sand from the Waikato-Tainui rohe for the purposes of customary practices including:
(a) The building of a tuahu (altars);
(b) Carvings; and
(c) The preparation of haangii.
14.1.6 Whakamahi rawa – the gathering and use of resources for the benefit of the tribe. This includes activities such as using wood for carving; using harakeke (flax) for kaakahu (clothing) or whaariki (mats), and so on.
14.1.7 Waioranga – the use of water bodies (fresh and marine water) for customary practices relating to the physical health and wellbeing of persons including bathing and cleansing. This also includes other rivers and places where similar activities are undertaken.
14.1.8 Wairua – the use of water bodies (fresh and marine water) customary practices relating to the spiritual and cultural health and wellbeing of people and the tribe. his includes baptisms and other traditional ceremonies. This also includes other rivers and places where similar activities are undertaken.
14.1.9 Raahui – the imposition of restrictions, from time to time, on all or part of an activity, or the use of a resource, or rohe. Raahui may be imposed for the purpose of conservation protection, spiritual or physical well-being, or other purpose as from time to time determined.
14.1.10 Hauanga kai – the customary and contemporary gathering and use of naturally occurring and cultivated foods.
14.1.11 From the time of raupatu the Crown usurped control of, and exercised jurisdiction over Waikato-Tainui traditional lands, waterways, and resources. The Crown developed legislation that delegated the authority and rights of management over these taonga to entities that were not Waikato-Tainui (such as local authorities and administration bodies).
14.1.12 In the past Waikato-Tainui had priority use of their lands and waterways, and undertook customary activities free from third party legislative rules and procedures. Waikato-Tainui determined, through its own tikanga and kawa, what should or should not be permitted to occur. Now, Waikato-Tainui customary activities often require some external form of authorisation. There is increasing pressure on resources in the rohe from commercial and private interests. Waikato-Tainui now has to compete with other users in the region to undertake customary activities over its traditional lands and waterways.
14.2.1 Access to traditional areas for customary activities and resource use has been compromised, affecting the ability to practice these activities and transfer knowledge of the traditions between generations.
14.2.2 Pressures from other resource users have over-ridden traditional customary activities or natural environment characteristics in some locations. For example, the protection of trout fisheries is considered by some to be a higher priority than restoring native and endemic species.
Customary activities and resources
14.2.3 Competing interests have limited the ability of Waikato-Tainui to exercise control over and exercise the necessary authority to undertake customary activities.
14.2.4 Traditional sites, including those for fisheries and hunting sites are often not appropriately recognised or provided for under the current management regimes.
14.2.5 There is a lack of recognition of the importance of and provision for customary activities in resource management planning documentation (e.g. Reserve management plans, local authority plans, resource consent applications)
14.2.6 There is often a lack of consideration of the effect of resource use and infrastructure development activities on customary practices and activities (For example, river hydrological flows to provide for the regatta, etc.)
14.2.7 There has been a significant decline in the diversity and abundance of traditional resources. This, combined with a loss of access to traditional sites and resources has resulted in some loss of knowledge of customary activities.
14.2.8 Customary activities are not recognised in a consistent manner across Waikato-Tainui with some activities being provided for whilst others are not.
14.2.9 Lack of recognition of maatauranga Maaori innovation and engineering solutions to real world physical problems (e.g dune stabilisation).
Objective – Waikato-Tainui able to access and undertake customary activities
14.3.1 Waikato-Tainui access to and ability to undertake customary activities and resource use, including along the margins of waterways, is protected and enhanced.
Policy – access is provided
18.104.22.168 To ensure that Waikato-Tainui is provided access to regionally, spiritually, and culturally significant sites to undertake customary activities and resource use.
(a) Anew activity that limits or frustrates access to regionally, spiritually, and culturally significant sites will generally not be supported.
(b) Access will be sought in places where existing land, air, and water use activities limit or frustrate access to regionally, spiritually, and culturally significant sites. This includes through such mechanisms as esplanades, reserve strips, and private access agreements during the resource consent process.
Objective – Waikato-Tainui customary activities are protected and enhanced
14.3.2 The ability of Waikato-Tainui to undertake customary activities is protected and enhanced within the rohe, particularly on, in, and around waterways and their margins, including wetlands and reserves.
Policy – effect of competing activities
22.214.171.124 To ensure that activities do not adversely affect Waikato-Tainui customary activities and use of resources, particularly on, in and around waterway and their margins, including wetlands and reserves.
(a) A new activity that adversely affects Waikato-Tainui customary activities and use of resources will generally not be supported.
(b) Existing activities that adversely affect Waikato-Tainui customary activities and use of resources are encouraged to employ mechanisms to address the adverse affect, including through such mechanisms as the creation of esplanades and reserves, and private access agreements during the resource consent process.
Policy – customary fisheries
126.96.36.199 To ensure that commercial and recreational fishing is controlled at levels that do not compromise customary fisheries in freshwater or coastal areas.
(a) A level of control over commercial and recreational fishing is established and maintained that does not compromise customary fisheries in freshwater or coastal areas.
Policy – permitting customary activities
188.8.131.52 To recognise and provide for recognised Waikato-Tainui customary activities.
(a) Waikato-Tainui consider that the customary activities listed above are permitted activities.
(b) Make provision in Regional Plans, District Plans and fishery regulations to allow customary activities as Permitted or Controlled Activities and to protect customary activities and resource uses from competing interests.
(c) Where there is a conflict over the use of water bodies or effects of an activity, then priority is given to protecting and maintaining customary activities and fisheries.
(d) Where there is a conflict over other customary activities or resource uses, then priority is given to protecting and maintaining those customary activities or resource uses.
(e) Notwithstanding the above methods, work collaboratively with the community, industry, local and central government, consistent with Policy 184.108.40.206.
Policy – restore, protect and enhance customary activities and resource uses
220.127.116.11 To restore, protect and enhance customary activities and resource uses.
(a) Maintain a register of regionally, spiritually, and culturally significant sites and customary activities, and the degree of access to those sites or activities.
(b) Identify locations of customary activities and fisheries that need protecting.
(c) Investigate sustainable management of customary fisheries utilising maatauranga Maaori and other knowledge systems.
(d) Restore culturally and/or spiritually significant sites in partnership, where required or desired, with the community, industry, local and central government.
(e) Notwithstanding the degree that methods in this policy have been implemented, resource users shall, in collaboration with Waikato-Tainui, manage the effect of their proposed or existing resource use on customary activities and resource use.
Policy – collaboration
18.104.22.168 To work collaboratively with other resource users to manage competing interests around access to and ability to undertake customary activities and resource use.
(a) Manage resource use so that effects on customary activities and resource use is managed.
(b) Preserve traditional and personal customary use opportunities for Waikato-Tainui tribal members, including encouraging and permitting Waikato-Tainui customary activities on and near water bodies including the Waikato River.
(c) In the implementation of the policies and methods in this chapter, work collaboratively to balance competing and conflicting interests.
(d) Those undertaking events on, in or under Waikato-Tainui waterways (including fresh water and marine water bodies) are encouraged and, particularly if these are larger recreational events or any sized commercial event, expected to provide a benefit back to the fresh water and marine water bodies that are being utilised.