The permanent protection and non-commercialisation of Tauranga's famous landmark Mauao has emerged as the key to Te Puke's Waitaha iwi agreeing to not being listed as one of the mountain's owners.
Years of negotiations between Maori and the Crown to hand back Mauao looked like being derailed when Tauranga's biggest iwi,
         Ngaiterangi, said Waitaha was not a rightful claimant to ownership.
Ngaiterangi argued that Waitaha was descended from the Te Arawa waka _ a waka never recognised as part of Tauranga. It was disclosed yesterday that Crown lawyers were now redrafting the trust deed so Mauao would be vested in Tauranga Moana's three iwi, Ngaiterangi, Ngati Ranginui and Ngati Pukenga.
In exchange for not being named on the deed, Waitaha sought a legal guarantee that if there was ever any variation to Mauao's protected status then it would contest ownership.
Details of the deal between the tribes was outlined to a meeting of the Tauranga City Council/tangata whenua committee.
Maru Tapsell (Waitaha) said the iwi had enduring rights to Mauao because of its kaitiaki (guardianship) role in protection issues such as the history, environment and landscape of Mauao.
"If there was any variation to that we would go back to the issue of ownership. Kaitiakitanga is the key to the Mauao issue."
He said Maori did not want ownership of Mauao to go through a Treaty of Waitangi process.
After the meeting, Mr Tapsell said that if everyone was serious about protection, then they would take Waitaha's line.
"But if there were hidden agendas about commercialisation then we will go back to the drawing board ... it is about protection."
Ngaiterangi Iwi chief executive Brian Dickson said afterward that no one was disputing the protection provisions.
"That is the way everyone is talking."
But how it was worded in the trust deed was subject to final approval at a meeting of all the parties. If passed, the deed of ownership vesting Mauao in Tauranga Maori would become a Bill and go through the normal Parliamentary processes, including public submissions.
Waitaha's claim for a stake in Mauao was that the tribe had a pa on Mauao until it was defeated in pre-European battle and moved back to Te Puke.