The Ngā Mana Whenua o Tāmaki Makaurau Framework Agreement records the intentions of the Crown and Ngā Mana Whenua o Tāmaki Makaurau in relation to the negotiations process.
This Framework Agreement sets out:
- The structure and functions of Ngā Mana Whenua o Tāmaki Makaurau, a collective of Tāmaki makaurau iwi/hapū;
- The Crown’s proposals for recognition of interests in maunga and the terms of a right of first refusal over surplus Crown land; and
- The process for resolving claims relating to motu and harbours
Ngā Mana Whenua o Tāmaki Makaurau
The iwi/hapū members of Ngā Mana Whenua o Tāmaki Makaurau are:
The Crown recognises that the iwi/hapū members of Ngā Mana Whenua o Tāmaki Makaurau have legitimate spiritual, ancestral, cultural, customary and historical interests in the Maunga of Tāmaki Makaurau and offers to vest in fee simple the Crown owned parts of the following maunga:
- Maungakiekie (One Tree Hill)
- Maungawhau (Mt Eden)
- Puketapapa/Pukewīwī (Mt Roskill)
- Te Kopuke (Mt St John)
- Maungarei (Mt Wellington)
- Takarunga (Mt Victoria)
- Otahuhu (Mt Richmond)
- Te Pane o Mataoho/Te Ara Pueru (Mangere Mt)
- Ohuiarangi (Pigeon Mt)
- Ohinerau (Mt Hobson)
- Te Tatua a Riukiuta (Big King)
Condition of Transfer of Title
The Crown’s offer to transfer the title of the maunga is subject to the following conditions:
- Title of the maunga cannot be alienated or mortgaged;
- All maunga will retain their reserve status and be subject to the Reserves Act 1977 with public access and other conditions to be agreed; and
- Transfer is subject to due consideration of any third party rights and obligations that may exist in relation to the property
Co-governance of maunga
The maunga will be governed by a statutory board comprising equal membership from Ngā Mana Whenua o Tāmaki Makaurau and the Auckland Council.
Function of Ngā Mana Whenua o Tāmaki Makaurau in regard to Maunga
Ngā Mana Whenua o Tāmaki Makaurau will have the following functions in relation to the maunga:
- To hold the maunga in trust for the common benefit of the mana whenua iwi/hapū of Tāmaki Makaurau and the people of Auckland City;
- To exercise co-governance alongside Auckland Council; and
- To exercise kaitaikitanga of the taonga
Structure of Ngā Mana Whenua o Tāmaki Makaurau Maunga Executive Committee
A maunga Executive Committee will be established by Ngā Mana Whenua o Tāmaki Makaurau and will comprise an equal number of members from Ngāti Whātua, Tāmaki and Marutūāhu rōpū. Members from the Executive Committee will be appointed to a co-governance committee with an equal amount of appointees from the Auckland Council, to manage and administer the maunga.
Auckland Council will retain responsibility for and control of all revenue and expenditure unless it agrees to other arrangements provided for under the local government legislation.
The maunga will be managed for the common use and benefit of the iwi/hapū of Tāmaki Makaurau and the people of Auckland City.
Name of Maunga
The Crown agrees to explore formal recognition of the customary names of the maunga
Recognition of interests in other Crown owned maunga
The Crown will explore with Ngā Mana Whenua o Tāmaki Makaurau its interest in other maunga owned by the Crown in Tāmaki Makaurau, in order to consider whether futher redress or recognition can be developed to recognise these interests. The Crown provides no undertakings to provide redress or recognition over these other maunga.
Recognition of interests in Crown motu
The Crown will explore with Ngā Mana Whenua o Tāmaki Makaurau redress in relation to the motu in Tāmaki Makaurau, including Rangi i totongia a Tamatekapua (Rangitoto); Motutapu and Te Motu a Ihenga.
Right of First Refusal
The Crown offers members of Ngā Mana Whenua o Tāmaki Makaurau a right of first refusal to operate for 170 years in respect of all land held by core Crown agencies in the Tāmaki Makaurau area.
The Crown acknowledges that the iwi/hapū members of Ngā Mana Whenua o Tāmaki Makaurau have spiritual, ancestral, cultural, customary and historical interests in the Manuka (Manukau) and Waitematā harbours and that they seek a formal recognition of those interests as redress as a part of the settlement of their historical Treaty claims
Negotiations regarding redress of the Manakau and Waitematā harbours
The Crown and Ngā Mana Whenua o Tāmaki Makaurau will enter into negotiations on redress over the harbours after the conclusion of the current review of the Foreshore and Seabed Act and before the Auckland governance reform programme.