A brief note on the relation of Tūpuna Maunga Authority (TMA) activities to The Reserves Act. And its failures.
1. The Reserves Act 1977 is administered by Department of Conservation.
2. Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (Redress Act) refers repeatedly to Reserves Act in Part 2: essentially, it revokes the Act for each maunga, then transfers fee simple to TMA.
3. Redress Act Part 2: Cultural redress: § 17 Statement of Association says: (1) The Crown acknowledges the statements of association of iwi and hapū.(2) However, the statements—(a) must not affect, or be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw made by a local authority under an enactment; and (b) do not affect the lawful rights or legal obligations of any person; and (c) do not grant, create, or affect any interests or rights relating to the lands referred to in the statements.(My emphasis: that’s why we can protest on ‘their’ land.)
4. Subpart 1 goes through the vesting of maunga (other than Maungauika and Rarotonga) for each maunga.
5. In each §, after the fee simple of each is vested in the trustee (TMA), each maunga is “then declared a reserve and classified as a XXX reserve subject to section YY of the Reserves Act 1977.” XXX refers to the reserve being either a a local purpose reserve, historic reserve, or recreation reserve. According type of reserve, different sections apply: respectively 17, 18, 23. Some maunga have more than one type of reserve.(There’s also a clause for easement for Watercare.)
6. The germane bits are: § 17 ‘Recreation reserves’ stipulates: (2) (b) that “every recreation reserve shall be so administered under the appropriate provisions of this Act that … where scenic, historic, archaeological, biological, geological, or other scientific features or indigenous flora or fauna or wildlife are present on the reserve, those features or that flora or fauna or wildlife shall be managed and protected to the extent compatible with the principal or primary purpose of the reserve… and (c) those qualities of the reserve which contribute to the pleasantness, harmony, and cohesion of the natural environment and to the better use and enjoyment of the reserve shall be conserved (d) to the extent compatible with the principal or primary purpose of the reserve, its value as a soil, water, and forest conservation area shall be maintained.”(My emphases.) (Ōwairaka is a recreation reserve)
7. § 18 ‘Historic reserves’ uses essentially the same wordings, adding protections of historical sites. It adds (e) except where the Minister otherwise determines, the indigenous flora and fauna and natural environment shall as far as possible be preserved … (My emphasis.)
8. § 23 ‘Local purpose reserves’ makes similar requirements regarding managing and protecting biological or natural features, conserving forest etc.
9. Note that Maungakiekie northern land and Māngere Mountain are administered lands meaning the Crown owns them, but TMA administers them for purposes of Reserves Act.
10. Whole point is: TMA has failed in its duty and obligations pursuant to § 17, 18, 23 of Reserves Act 1977 in respect of Ōhiuarangi, Mangere Maunga and Maungarei in that TMA has (a) destroyed the pleasantness, harmony and cohesion of the natural environment of these maunga by their indiscriminate and insensitive felling operations, (b) harmed irrevocably the use and enjoyment of the reserves (c) damaged their value as soil, water and forest conservation areas through felling and failure to revegetate(d) destroyed flora, fauna and wildlife through indiscriminate felling of trees and insensitive, polluting planting practices(e) destroyed flora, fauna and wildlife through mismangement allowing unacceptable fire risks to lead to wild fires (f) caused environmental harm by decreasing slope stability, increasing soil erosion and depleting tree cover.
Image by Eric Von Dutch: place-holder pending approval.