Incorporating statutory acknowledgements

Statutory acknowledgements are statements in Treaty of Waitangi settlements between Crown and iwi that are intended to recognise the mana of tangata whenua groups in relation to identified sites and areas.

Statutory acknowledgements are an acknowledgement by the Crown of the particular cultural, spiritual, historic, and traditional association of an iwi with each statutory site and area.

Text for statutory acknowledgements is included in the schedules to each relevant Claims Settlement Act. The locations for statutory acknowledgement areas are shown on Survey Office (SO) plans. While these plans do not indicate the precise boundaries of the statutory acknowledgement area, they do indicate the location as nearly as possible.

Statutory acknowledgements are only over Crown land and may apply to land, rivers, lakes, wetlands, a landscape feature, or a particular part of the coastal marine area. Where a statutory acknowledgement relates to a river, lake, wetland or coastal area, it only applies to that part of the bed in Crown ownership or control.

There are also some settlement negotiations underway where a final settlement has not been yet reached, but statutory acknowledgements are already in effect through agreements in principle.

Claimant groups that have them as part of their settlement

The following Treaty Settlements and on-going settlement negotiations include statutory acknowledgements as part of their cultural redress:

Ngāi Tahu Claims Settlement Act 1998

76 Statutory acknowledgement areas including coastal statutory acknowledgements. See Ngai Tahu Statutory Acknowledgements: A Guide for Local Authorities for more information.

Pouakani Claims Settlement Act 2000
1 Statutory acknowledgement area

Te Uri o Hau Settlement Act 2002
6 Statutory acknowledgement areas

Ngati Tama Claims Settlement Act 2003
12 Statutory acknowledgement areas

Ngati Ruanui Claims Settlement Act 2003 
5 Statutory acknowledgement areas

Ngaa Rauru Kiitahi Claims Settlement Act 2005 
8 Statutory acknowledgement areas

Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005
5 Statutory acknowledgement areas

Ngati Awa Claims Settlement Act 2005
11 Statutory acknowledgement areas

Te Roroa Deed of Settlement (legislation still to be enacted) 
Two Statutory acknowledgement areas

Te Arawa Lakes Settlement Act 2006 
1 Statutory acknowledgement area

Ngati Mutunga Claims Settlement Act 2006
17 Statutory acknowledgement areas

Ngati Whatua o Orakei Agreement in Principle
6 Statutory acknowledgement areas

Nga Kaihautu o Te Arawa Agreement in Principle
Statutory Acknowledgements over five waterways and one site and one over the geothermal water and geothermal energy located in the Rotorua Region Geothermal System

Te Ati Awa Agreement in Principle
10 Statutory acknowledgement areas

Rangitaane o Manawatu Agreement in Principle
15 Statutory acknowledgement areas

RMA implications

Decision-making in relation to statutory acknowledgement areas is subject to the provisions of Part II of the RMA.

While statutory acknowledgements may vary for each claimant group, a statutory acknowledgement will generally require local authorities to:

  • forward summaries of all relevant resource consent applications to the relevant claimant group governance entity - and provides the governance entity with the opportunity to waive their right to receive summaries

  • have regard to a statutory acknowledgement in forming an opinion as to whether the relevant claimant group may be adversely affected in relation to resource consent applications concerning the relevant statutory area

  • attach, for public information, a record of all statutory acknowledgement areas wholly or partly within the district or region to all regional policy statements, district plans, and regional plans within the claimant area.

None of the above requirements override or limit councils existing obligations under the RMA.

Statutory acknowledgements can also be used in submissions to consent authorities, the Environment Court and the Historic Places Trust, as evidence of a specific claimant group 's association with a statutory area.

Good practice ideas for plan preparation

While the only legal requirements with regard to statutory acknowledgements in the preparation of plans and policy statements is to attach them to the relevant planning document, they provide a clear statement of the interests of tangata whenua that can be used to inform plan preparation.

For example, statutory acknowledgements could be used to:

  • create a starting point for consultation

  • assist in drafting plan provisions

  • identify activities/circumstances in which the iwi authority may consider waiving its right to receive summaries of applications; for example where particular activities are not considered to affect the associations identified in the SA

  • using controlled, restricted discretionary and discretionary activity status where activities are likely to result in adverse effects on particular sites or issues of concern identified in the statutory acknowledgement, which can include the requirement to obtain written approval from the claimant group.

  • identify areas of importance to an iwi, or where consultation with iwi is to be encouraged through their incorporation into planning maps, or alert layers within GIS.