Draft Agreement in Principle
between the Crown and WaikatoTainui
For the settlement of the historical claims
of Waikato-Tainui in relation to the
Waikato River
Summary
Embargoed until release at
2:00pm Saturday 26 May 2007
Background to the draft Agreement in Principle
The Minister in Charge of Treaty of Waitangi Negotiations, Hon Mark Burton,
and Waikato-Tainui’s Co-Negotiators, Tukoroirangi Morgan and Lady Raiha
Mahuta, have agreed on the text of a draft Agreement in Principle to settle
Waikato-Tainui’s outstanding historical claims to the Waikato River.
Waikato-Tainui’s claims to the Waikato River arise from the Crown’s raupatu
(confiscation) in the 1860s which denied Waikato-Tainui’s rights and interests
in the Waikato River. The river claim was excluded from Waikato-Tainui’s
1995 land settlement and set aside for future negotiation.
Terms of Negotiation for Waikato-Tainui’s claims to the Waikato River were
signed by the Crown and Waikato-Tainui in 2005, and negotiations have been
ongoing since then.
The proposed redress is significantly different from the redress in any Treaty
settlements already completed.
Because of this, and to allow for consultation, the parties agreed to the unique
step of releasing a draft Agreement in Principle prior to the signing of an
Agreement in Principle.
On 26 May 2007 the draft Agreement in Principle was presented to Te
Kauhanganui, Waikato-Tainui’s tribal Parliament, for its consideration.
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Summary of the redress
The focus of the proposed settlement is the health and wellbeing of the
Waikato-River.
The proposed settlement provides for the Crown and Waikato-Tainui to enter
a new era of Co-management over the Waikato River.
For the purposes of the redress in this settlement, the draft Agreement in
Principle defines Co-management as including:
 the highest level of good faith engagement; and
 consensus decision-making as a general rule;
while having regard to statutory frameworks and the mana whakahaere
(authority, rights of control) of Waikato-Tainui and other Waikato River iwi.
The main redress items establish a framework for this to occur. The proposed
settlement provides for two important new documents to be produced: a
Vision for the Waikato River and a Strategy to achieve this Vision.
The Vision for the Waikato River will operate at the highest level of
management. It will set the direction for enhancements to the health and
wellbeing of the river. It will operate across statutory frameworks such as the
Resource Management, Conservation, and Fisheries frameworks.
The Strategy will contain the actions required (the “how to”) to achieve the
Vision.
Both documents will be developed to achieve Co-management, and
integrated sustainable management of the Waikato River into the future.
In detail, the draft Agreement in Principle includes:

Crown acknowledgements relating to:
 The Crown’s raupatu (confiscation) in the 1860s which denied
Waikato-Tainui’s rights and interests in the Waikato River;
 The failure of the Crown to respect, provide for and protect the
special relationship Waikato-Tainui have with the River; and
 The degradation of the River that has occurred while the Crown has
had authority over the River causing distress to Waikato-Tainui.

A statement of significance of the Waikato River to Waikato-Tainui in
both English and Maaori to be included in the deed of settlement and
settlement legislation.
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
The creation of a Guardians Establishment Committee as soon as
practicable after the signing of the Agreement in Principle.
 Its membership will be:

five members to represent Waikato-Tainui;

four members appointed by Ministers of the Crown to
represent the interests of all New Zealanders in the Waikato
River; and

one member nominated by Environment Waikato
represent the regional community interest.
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 Its functions will be to:

develop an initial Vision for the Waikato River to be included
in the deed of settlement and settlement legislation; and

inform the Crown, Waikato-Tainui and other parties on the
nature and content of provisions to be included in an initial
Strategy to implement and promote the Vision.
 It will operate in a manner that is consistent with and achieves Comanagement.

The establishment of permanent Guardians of the Waikato River to have
ongoing responsibility for the Vision for the Waikato River and Strategy to
achieve this Vision.
 Its membership will be:

a number of members to represent Waikato-Tainui and other
iwi with interests along the Waikato River (should they wish
to join); and

an equal number of members comprising members
appointed by Ministers of the Crown and a member
nominated by Environment Waikato
 Its functions will include:

finalising and approving the initial Strategy to implement the
Vision;

developing arrangements to achieve Co-management with
persons exercising powers or carrying out functions under
any Act that affects the Waikato River;

sharing and reviewing information on the state of the Waikato
River;
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
considering documents about the management of the
Waikato River such as iwi and hapuu management plans in
any review or updating of the Vision and Strategy;

promoting and monitoring the inclusion of the Vision and
Strategy in policies, plans and processes related to the
Waikato River;

regularly monitoring and, if necessary, amending the
Strategy to ensure that it is enabling progress towards the
Vision;

reporting at least every 5 years to the Crown and relevant iwi
authorities on the progress being made towards achieving
the Vision;

reviewing the Vision at least every 10 years and
recommending any amendments to Waikato-Tainui and the
Crown; and

consulting the public on any proposed changes to the Vision.
 The Guardians responsibilities will apply to the Waikato River and
its catchment from Huka Falls to the sea and the lower Waipa River
and its catchment (see map below).
 The Guardians will operate in a manner that is consistent with and
achieves Co-management.

An undertaking that the deed of settlement and settlement legislation will
put in place a number of provisions for statutory decision-makers over
the Waikato River including that:
 Environment Waikato will give effect to the Vision for the Waikato
River in the preparation and change of regional policy statements
and regional plans, insofar as the Vision relates to resource
management issues affecting the Waikato River;
 The Vision for the Waikato River and Strategy to achieve this Vision
will be deemed to be matters that must be had regard to in the
issuing of resource consent applications relating to the Waikato
River;
 The Minister for the Environment will have particular regard to the
Vision for the Waikato River and will engage with the Guardians to
achieve Co-management when considering whether to issue a
national policy statement or recommending the making of any
national environmental standards that relate to the Waikato River;
 The Director-General of Conservation will have particular regard to
the Vision for the Waikato River and will engage with the Guardians
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to achieve Co-management when preparing any draft conservation
management strategy, conservation management plan, national
park management plan or fresh water fisheries management plan in
respect of an area through which the Waikato River flows. The New
Zealand Conservation Authority will do the same when approving or
otherwise considering such plans;
 The Vision for the Waikato River and the relevant provisions of the
Strategy will be deemed to be plans under the Fisheries Act 1996;
 The Crown will consult with Waikato-Tainui in the development of
new legislation impacting on the Waikato River, with a view to
agreeing what action should be taken to ensure that the Vision and
Strategy are appropriately addressed in such legislation; and
 The Crown and Waikato-Tainui will confer to identify other existing
legislation impacting on the Waikato River and agree whether the
settlement legislation needs to provide for the Vision and Strategy
to be appropriately addressed under such legislation.

An undertaking from the Crown to consult with Environment Waikato to
agree on the establishment of a Waikato River Statutory Board.
 It is anticipated that its membership will be four Waikato-Tainui
representatives and four current Environment Waikato councillors.
 It is anticipated that its purpose will be to assist the implementation
of the Vision for the Waikato River and those parts of the Strategy
that relate to Environment Waikato’s responsibilities by enabling
Waikato-Tainui’s effective participation in decision-making under the
Resource Management Act and the Local Government Acts that
affect the Waikato River.
 It is anticipated that the Waikato River Statutory Board’s
responsibilities will apply to the Waikato River and its catchment
from Karapiro to the sea (being Waikato-Tainui’s traditional area of
interest), and include the lower Waipa River and its catchment.
 An agreement setting out how the Waikato River Statutory Board
will operate to achieve Co-management will be developed before
the deed of settlement is signed.

An undertaking that the Crown and Waikato-Tainui will consult with a view
to various Ministers of the Crown issuing protocols to Waikato-Tainui
regarding issues that affect the Waikato River.
 The protocols will reflect the intention of the settlement to achieve
Co-management.
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 The protocols will be drafted and agreed between Waikato-Tainui
and the Crown before any deed of settlement is signed.
Financial aspects of the settlement are subject to further negotiation following
the release of the draft Agreement in Principle.
Next Steps
A consultation process on the draft AIP will now begin.
Te Kauhanganui delegates and the Waikato-Tainui Co-Negotiators will consult
their people and other Waikato River iwi.
The Crown will consult with Environment Waikato and other relevant local
authorities, other Waikato River iwi, key stakeholders and the public.
Following this process, and subject to the approval of Cabinet and Te
Kauhanganui, an Agreement in Principle may be entered into by authorised
representatives of Waikato-Tainui and the Crown.
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Jurisdiction of the Guardians
From Huka Falls to the sea as shown in the map below:
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Jurisdiction of the Waikato River Statutory Board
From Karapiro to the sea as shown in the map below:
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