Operative Waikato Regional Policy Statement (October 2000)

<<Previous    Index    Next>>

2  Resource Management Processes

2.1  Treaty of Waitangi and Matters of Significance to Maori

2.1.2 Principles of the Treaty of Waitangi

Section 8 of the RMA requires the following:

In achieving the purpose of this Act, all persons exercising functions and powers under it in relation to the use, development and protection of natural and physical resources shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)

A number of principles of the Treaty of Waitangi have been defined through the findings of the Crown, the Waitangi Tribunal and the Court of Appeal. These findings and decisions can give local authorities guidance as to what the principles of the Treaty are. Local authorities and tangata whenua need to develop an understanding of how the principles are to be taken into account by resource management agencies. This should not be taken to mean that the only opportunity for iwi and local authorities to develop Treaty-based relationships in environmental management will occur within statutory resource management processes, but rather should be taken to mean that local authorities, in carrying out their statutory responsibilities will do so in a manner that is consistent with their statutory obligations to the general public or non-iwi communities that exist within the Waikato Region. Resource management decision making will remain the responsibility of local authorities through the statutory plan and resource consent processes.

Important elements of the principles of the Treaty of Waitangi are:

1. partnership, which includes the concept of good faith, the sharing of power and decision making, and mutual respect.
   
2. active protection of resources of importance to Maori, in accord with Maori cultural and spiritual values.
   
3. tribal rangatiratanga, which encompasses notions of tribal autonomy, authority, control and self determination.

Under Articles I and II of the Treaty of Waitangi, the right to exercise kawanatanga was ceded by Maori in exchange for the guarantee that tangata whenua retain (or have restored to them, if taken without consent) tino rangatiratanga over resources and other taonga¹ which are of value to the iwi concerned². The Waitangi Tribunal has concluded that under the Treaty, Maori exercise of tino rangatiratanga is to be subjected to reasonable controls of kawanatanga for matters of major importance such as the sustainable management of natural and physical resources, public health and safety, or law and order. For the practical restoration of tino rangatiratanga, the Waitangi Tribunal has recommended that tangata whenua be directly involved in decision-making and the management of natural and physical resources.

Commitment to the Treaty principles establishes the basis for a partnership with tangata whenua that includes participation in decision-making. Local authorities need to seek agreement with each iwi authority on local implementation of the Treaty principles, and their participation in resource management decision-making.

In recognising and taking into account the principles of the Treaty of Waitangi it is necessary and desirable for Environment Waikato, territorial authorities and others involved in resource management, to actively consult with tangata whenua. Consultation provides a means to obtain information, and to understand how the principles of the Treaty and the concept of kaitiakitanga can be implemented in a regional and local context. The essential ingredients for good consultation include, ‘honesty of intention; certainty of purpose; clarity of information; a clear statement of what is required; and provision of resources’³.

<<Previous    Index    Next>>

Footnotes

1. See Glossary for definition of taonga.
2. In this context, Kawanatanga refers to government, which is exercised by the Crown, government departments and local government, and tino rangatiratanga refers to full tribal authority.
3. Ministry for the Environment 1991: Consultation with tangata whenua: a guide to assist local authorities in meeting the consultation requirement of the Resource Management Act 1991. Page 11 - 12.