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Kaitiakitanga

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Kaitiakitanga is a New Zealand Māori concept of guardianship of the sky, the sea, and the land. A kaitiaki is a guardian, and the process and practices of protecting and looking after the environment are referred to as kaitiakitanga.[1]

The concept and terminology have been increasingly brought into public policy on trusteeship or guardianship—in particular with the environmental and resource controls under the Resource Management Act.

Kaitiakitanga

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The long-established Māori system of environmental management is holistic. It is a system that ensures peace within the environment, providing a process for preventing intrusions that cause permanent imbalances and guarding against environmental damage. Kaitiakitanga is a concept that has "roots deeply embedded in the complex code of tikanga".[2] Kaitiakitanga is a broad notion that includes the ideas of guardianship, care, and wise management. However, while kaitiakitanga is a proactive and preventative approach to environmental management, this traditional management system has not always had an opportunity to address large scale environmental degradation.

Concept

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Traditionally all Māori trace their whakapapa (ancestry and relationships) to the beginning of existence, the single entity that became Ranginui and Papatūānuku.[3] Ranginui became the sky and Papatūānuku the mother earth, with their children taking the form of the various physical elements that humans eventually emerged from. This genealogy is a bond between humans and the rest of the physical world both "immutable and inseparable".[2] Papatūānuku, embodied in the physical form of the earth continues to provide sustenance for all. Accordingly, Māori read more into the interpretation of kaitiakitanga than just the surface meaning of the words translated into English.

Kaikōura coastline from peninsula walkway

Legislation

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A number of acts of parliament provide for recognition of the Treaty of Waitangi and kaitiakitanga, including the Conservation Act 1987, though perhaps most important is the Resource Management Act of 1991 (RMA) and its amendments. 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, among other things.[4] The RMA gave the concept of kaitiakitanga a statutory definition in section 2(1) as "the exercise of guardianship; and, in relation to a resource, includes the ethic of stewardship based on the nature of the resource itself". However, opposition to this definition and interpretation[5] resulted in this being amended in the Resource Management Amendment Act 1997 to "the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship".[4] Despite this definition, 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.[6] In addition to the RMA, the New Zealand Fisheries Act 1996, Part 9, provides for customary fisheries management, without directly identifying this management as kaitiakitanga.[7]

Further, there is the role of tāngata tiaki who are chosen by iwi and hapū groups and appointed by the Ministry of Fisheries to act as guardians for a specific area.[7] Tāngata tiaki are responsible for issuing permits to catch fish in their area for customary use and must report these catches to the Ministry of Fisheries so that the following year’s catch limits can be set allowing for customary use beyond the recreational fishing bag limits.[7] Tāngata tiaki/kaitiaki may decide to develop management plans for the fisheries within their rohe for approval by the local tangata whenua. For the purposes of the RMA these plans are called "iwi planning documents", there being requirement for these plans to be considered in any resource management planning.[7] Under the Fisheries Act, plans can also be used for the development of sustainability measures for those fisheries in the rohe of the tangata whenua. Moreover, a kaitiaki has a dual responsibility: firstly, the aim of protecting the mauri; and secondly, the duty to pass the environment to future generations in a state which is as good as, or better than, the current state.[citation needed]

Coastal resource management

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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] which includes the mandated Coastal Policy Statement. There is a requirement within the RMA for at least one New Zealand coastal policy statement to be in effect at all times.[4] Thus, with consideration of kaitiakitanga in New Zealand legislation, the practical significance of kaitiakitanga in coastal resource management can be explored, in particular, Policy 2 of the 2010 New Zealand Coastal Policy Statement.[9] This calls for coastal managers to take into account a number of aspects regarding tangata whenua concerns regarding the coastal environment. This includes providing tangata whenua opportunities "to exercise kaitiakitanga over waters, forests, lands, and fisheries in the coastal environment".[9] This includes providing opportunities for Māori involvement in decision making, such as to "take into account any relevant iwi resource management plan and any other relevant planning document recognised by the appropriate iwi authority or hapū".[9] Any iwi resource management plan needs to be lodged with a relevant regional or district council. Further, councils are required to consider practical assistance to those "iwi or hapū who have indicated a wish to develop iwi resource management plans".[9]

The Fisheries Act 1996, under Part 9 and in particular Section 186, and South Island Customary Fisheries Regulations 1999 provide 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 (food gathering sites).

Taiāpure (local fisheries)

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A taiāpure (from tai 'coast' + āpure 'a patch or circumscribed area')[10] or local fishery is an area of estuarine or littoral coastal waters that has customarily been of special significance to an iwi or hapū, either as a source of food or for spiritual or cultural reasons.[7] The purpose of designating a taiāpure is to recognise rangatiratanga and fisheries rights secured under Article 2 of the Treaty of Waitangi.

A management committee for the taiāpure is appointed by the Minister of Fisheries, with the members being nominated by the tangata whenua. Members may include not only the tangata whenua, but also other recreational and commercial fishers and people such as scientists and environmental groups.[11] The committee may recommend regulations to be made by the fisheries minister for the conservation and management of the fish, aquatic life, or seaweed in the taiāpure and to allow the taiāpure to function according to custom.[7][12] Regulations can be related to the species that may be taken, the dates, seasons and areas for harvesting them, the sizes and quantity that may be taken, and the fishing methods used.[7][12][13] Commercial, recreational and customary fishing are all allowed, unless restricted by regulations for that taiāpure.[13]

Mātaitai reserves

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A mātaitai reserve (mātaitai means food obtained from the sea or from lakes)[14] is an officially recognised traditional fishing ground with which tangata whenua have a special relationship and where they manage the fisheries resources sustainably.[15][16] Mātaitai reserves may be in lakes or rivers, as well as in estuaries and coastal waters.[11] Commercial fishing is prohibited, unless regulations specifically allow it for a particular reserve.[15] The tangata whenua manage the non-commercial fishing through tangata tiaki or kaitiaki whom they appoint.[16] Normal amateur fishing regulations apply, unless there are bylaws for the reserve.[13] The tangata tiaki or kaitiaki can recommend bylaws to the Minister of Fisheries. Any bylaws apply to all people fishing in the reserve, Māori and non-Māori, although the tangata tiaki or kaitiaki can allow fishing outside the terms of the bylaws for the purpose of sustaining the functions of a marae.[15][16] Mātaitai reserves are primarily for customary fishing and management, rather than to preserve biodiversity, but they can be set up in a way that meets the criteria for a marine protected area.[17]

Rāhui

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A rāhui is a temporary closure. A temporary closure is allowed for under Section 186 of the Fisheries Act 1996 and provides for fishing to cease or be restricted in waters of the South Island as part of the Ngāi Tahu Claims Settlement Act 1998. The purpose of a rāhui is to improve the size and/or availability of fish stocks, or to recognise their use and management by tangata whenua. Under Section 186b of the Fisheries Act a temporary closure ends by default after two years, unless it is renewed.[7] A rāhui can be applied for and emplaced for any particular seasons, months, weeks, days or dates.

Case studies

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Akaroa Harbour

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A taiāpure was established over 90 percent of Akaroa Harbour[18] in February 2006, with the other 10 percent to become the Akaroa Marine Reserve in 2014.[19]

Kaikōura

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Introduction

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Kaikōura is a small coastal community on the east coast of the South Island of New Zealand with a long history of coastal resource use and remains an important component of the identity of the local tangata whenua. 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.[20] This has been done in cooperation with government, fisheries stakeholders and community agencies. There are a number of issues on tangata whenua values including water quality issues impacting on kai moana being faced by this rūnanga that stem from tourism, fishing and other resource uses.[6]

Progress in Kaitiakitanga

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Environmental management plan
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In order to provide a framework for the rūnanga to effectively apply tangata whenua values and policies to natural resource and environmental management in the area Te Rūnanga o Kaikōura developed Te Poha o Toha Raumati: Te Runanga o Kaikoura Environmental Management Plan (Te Poha).[21] The plan took effect from 2005. 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.[21]

The plan has a number of stated purposes: to describe the values underpinning the relationship between Ngāti Kuri and the natural environment, to identify the primary issues associated with natural resource and environmental management within the takiwā, articulate Te Rūnanga o Kaikōura policies and management guidelines for natural resource and environmental management, including the coastal environment, and to provide continuity between the past, the present and the future.[21] All these purposes are intended to be viewed and be consistent with Ngāti Kuri values.

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.[12]

Kaikoura Marine Strategy
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In addition to the Environmental Management Plan there is the Kaikōura Marine Strategy developed by Te Korowai o Te Tai ō Marokura (Kaikōura Coastal Marine Guardians) and is currently in proposal form.[12] Te Korowai membership is not only that of Te Rūnanga o Kaikōura, but also local organisations involved at differing levels of responsibility such as Te Rūnanga o Ngāi Tahu and Kaikōura District Council and various concerned government ministries and interest groups. 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.[20] 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] These outcomes are fishing for abundance, protecting local treasures, living sustainably and sustaining customary practices with the implementation actions being engaging understanding, governance, compliance and monitoring and review.

Issues and action
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For the tangata whenua of this coastal area there has been concern over the prevalence of black market and poaching of fish and other seafood in the Kaikōura area. Further, with no fisheries officer based in Kaikōura it is the local community that have been mostly required to monitor the fishing in the area.[20] 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.[12] This rāhui has been renewed three times and has been very successful.[22]

Wider modern use of the term 'kaitiaki'

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The term kaitiaki is increasingly used in New Zealand for broader roles of trusteeship or guardianship—especially in public sector organisations, as these examples demonstrate:

  • A proposed "Governance-Kaitiaki group" to oversee electronic authentication by government[23]
  • The Chief Ombudsman is Kaitiaki Mana Tangata in Māori (i.e. "guardian of the people")[24]
  • Opponents of a planned housing development at Ihumātao referred to themselves as kaitiaki and set up a camp, in 2016, that became known as Kaitiaki Village.[25]

See also

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References

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  1. ^ "Environmental Tourism Māori", NZQA unit standard
  2. ^ a b Marsden, M., & Henare, T. A. (1992). Kaitiakitanga: A definitive introduction to the holistic world view of the Maori: Unpublished manuscript.
  3. ^ "Ranginui – the sky father", Te Ara
  4. ^ a b c "Resource Management Act 1991", as at 6 April 2012, Parliamentary Counsel Office
  5. ^ Hayes, S. (1996–1999) Defining kaitiakitanga and the Resource Management Act 1991. Auckland University Law Review, 8, 893–899.
  6. ^ a b Environment Canterbury (2005). Regional Coastal Environmental Plan for the Canterbury Region. Christchurch, New Zealand: Environment Canterbury.
  7. ^ a b c d e f g h "Fisheries Act 1996". legislation.govt.nz. Retrieved 7 November 2021.
  8. ^ Hemmingsen, Sarah A. (2004). Kaitiakitanga: Maori Values, Uses and Management of the Coast (MA thesis). Christchurch: University of Canterbury.
  9. ^ a b c d New Zealand Coastal Policy Statement 2010 (PDF). Department of Conservation. 2010. pp. 11–12. ISBN 978-0-478-14837-4. Retrieved 10 May 2026.
  10. ^ Cassidy, Mandy (1992). Taiapure – Recognition of Rangatiratanga? (PDF) (MSc thesis). Lincoln University. p. 20. Retrieved 11 May 2026.
  11. ^ a b "Area management tools (AMTs)". Te Tiaki Mahinga Kai. Retrieved 16 May 2026.
  12. ^ a b c d e f Te Korowai o te Tai ō Marokura (2011). Kaikōura Marine Strategy: Sustaining Our Sea.
  13. ^ a b c "Managing customary fisheries". Ministry for Primary Industries. Fisheries New Zealand. Retrieved 15 May 2026.
  14. ^ Williams, Herbert W. (1971). "'Mātai". A Dictionary of the Maori Language (7th ed.). Wellington: A. R. Shearer, Government Printer.
  15. ^ a b c "Kaitiakitanga – Management tools". Environment Guide. Auckland: Environment Foundation. 2015. Retrieved 15 May 2026.
  16. ^ a b c "South Island Customary Fishing Regulations 1999". Ministry of Fisheries. Archived from the original on 4 June 2010. Retrieved 27 April 2012.
  17. ^ "Type 2 Marine Protected Areas". Department of Conservation. Retrieved 15 May 2026.
  18. ^ Crean, Mike (20 July 2005). "Harbour to get Taiapure, Reserve". The Press. Christchurch, NZ. Retrieved 25 March 2025 – via option4.
  19. ^ Young, Rachel (8 June 2014). "NZ's newest marine reserve opens at Akaroa". The Press. Retrieved 11 May 2026.
  20. ^ a b c Hemmingsen, S. A. (2009). Indigenous Coastal Resource Management: An Australian and New Zealand Comparison. Australian National University, Canberra.
  21. ^ a b c Te Rūnanga o Kaikoura (2005). Te Poha o Toha Raumati: Te Runanga o Kaikōura Environmental Management Plan. Kaikōura, New Zealand: Te Runanga o Kaikōura, Takahanga Marae.
  22. ^ "Kaikoura's Rahui" Archived 2 May 2012 at the Wayback Machine, Kaikoura District Council
  23. ^ "Research of issues for Māori relating to the Online Authentication Project" Archived 8 March 2007 at the Wayback Machine
  24. ^ "Home – Ombudsmen". Archived from the original on 1 July 2007. Retrieved 23 June 2007.
  25. ^ Hayden, Leonie (September 2017). "When worlds collide". New Zealand Geographic. No. 147.

Further reading

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