Welcome to our latest update, in which we cover the upcoming meeting of the Hauraki Gulf Forum on Monday 25 August, the Government’s review of Treaty principles in legislation, which directly affects the Hauraki Gulf Marine Park Act, and the forthcoming third reading of the Hauraki Gulf / Tīkapa Moana Marine Protection Bill, which contains contentious new Treaty-related provisions and proposals for the High Protection Areas. In addition, there are new developments in the management of shellfish harvesting, including potential rāhui proposals along the Mahurangi and Hibiscus Coast.
The Hauraki Gulf Forum* will meet in Hamilton on Monday, 25 August, and the public is welcome to attend. The agenda includes several key items that could have lasting implications for the governance and protection of the Hauraki Gulf/Tīkapa Moana.
This includes recommendation changes to the Governance Statement. The Statement sets out the Forum’s governance role, principles, statutory foundation, and key responsibilities, as well as its commitment to tangata whenua partnership. The reasons put forward for adopting the proposed new Governance Statement include a deepening of the Forum’s tikanga-based foundations of and strengthening co-partnership and governance. You can read more about this commitment in the meeting agenda, which includes the Partnership Statement below:
*The Hauraki Gulf Forum is a statutory body established in the year 2000 to promote and facilitate integrated management, protection, and enhancement of the Hauraki Gulf Marine Park.
The review of the principles of the Treaty in legislation.
The Hauraki Gulf Marine Park Act (HGMPA) has been identified as one of 23 pieces of legislation in scope for a government review of all references to the “Principles of the Treaty of Waitangi.”
The review arises from the NZ First–National coalition agreement commitment to review and either replace such references with more specific wording or repeal them (except where related to existing Treaty settlements).
Section 6 of the HGMPA contains two relevant provisions:
i) Subsection 6(1) (Part 3 – Marine Park provisions) requires the provisions to be interpreted and administered to give effect to the Principles of the Treaty of Waitangi.
ii) Subsection 6(3) (Part 2 – Forum provisions) requires the Forum to have regard to the Principles of the Treaty of Waitangi when carrying out its functions.
To ensure decisions about the Gulf remain fair, transparent, and democratic, with decision-makers accountable to the public, I recommend that the Hauraki Gulf Users’ Group support the Government’s repeal of section 6 of the HGMPA, while retaining the Act’s provisions that recognise cultural, historic, and environmental values. Other reasons include:
In another significant matter, the Hauraki Gulf / Tīkapa Moana Marine Protection Bill is due to come before the house for its third and final reading this month. Despite the review of the Treaty principles in legislation that the Government currently undertaking, Minister Tama Potaka is proposing a much-expanded list of statutory obligations in the Tiriti o Waitangi/the Treaty of Waitangi section. This includes provisions in anticipation of successful claims to customary title to the Hauraki Gulf under the Marine and Coastal Area (Takutai Moana) Act 2011. Read Appendix 1 of the agenda for the list of amendments to Section 4 - the Treaty of Waitangi (Te Tiriti o Waitangi).
Another amendment relates to the proposal to allow for commercial ring net fishing in two of the High Protection Areas. It is difficult to understand how the legislation can permit both commercial fishing (albeit limited) and iwi-controlled customary fishing within these areas, while still designating them as High Protection Areas.
Shellfish harvesting in the Hauraki Gulf
Fisheries NZ (FNZ) is currently undergoing a review of the management of shellfish harvesting in the Hauraki Gulf. This is being done in consultation with tangata whenua. Following this, FNZ will engage with other stakeholders and communities to help shape proposals for public consultation, which is due to take place this year.
In the meantime, Leigh based iwi Ngāti Manuhiri is seeking to implement a rahui across the Mahurangi and Hibiscus Coast coastline under section 186a of the Fisheries Act. The exact boundaries and restrictions are yet to be fully detailed.
The upcoming Hauraki Gulf Forum meeting will provide a window into how governance, legislation, and fisheries management are evolving in the Gulf. Unfortunately, I am unable to attend, so would greatly appreciate a report from anyone who can. Thank you.
The meeting details:
1:00pm Monday, 25 August 2025
Waikato Regional Council Chambers
160 Ward Street, Hamilton Central
A link to the agenda is HERE
