Operative Waikato Regional Policy Statement (October 2000)

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2  Resource Management Processes

2.1  Treaty of Waitangi and Matters of Significance to Maori

2.1.4 Treaty of Waitangi

Principal Reasons for Adopting: It is a statutory requirement that local authorities take into account the principles of the Treaty of Waitangi when exercising functions and powers. However, tangata whenua may derive different principles from the Treaty which reflect their interpretation of the relationship between rangatiratanga and kawanatanga. There is, therefore, a need for local authorities exercising powers under the RMA, and tangata whenua to develop a mutual understanding as to how the principles of the Treaty should apply to the management of natural and physical resources in the Waikato Region.

Develop a mutual understanding of the principles of the Treaty of Waitangi between local authorities and tangata whenua, and promote these principles in the management of the Region’s natural and physical resources.

1. Seek, through consultation with tangata whenua, the identification of iwi authorities within the Waikato Region, who have the authority to speak on their behalf.
   
2. Provide opportunities and forums to:
   
   1. formalise a process of coming to a mutual understanding on the principles of the Treaty
      
   2. seek agreement on the role of each iwi authority in resource management decision-making processes
      
   3. seek agreement with each iwi authority on the ways in which the principles of the Treaty of Waitangi will be implemented at a practical level within their rohe¹.
   
   
3. Through education programmes promote awareness of the principles of the Treaty of Waitangi.

Active participation of tangata whenua in the development of resource management policies and plans, and the resource consent process will be encouraged.

1. Encourage and support iwi authorities to develop planning documents including environmental policies.
   
2. Negotiate with iwi authorities and provide assistance such as advice, information, support services or funding when resource management information and advice is sought by Regional Council.
   
3. Encourage resource use applicants and other relevant parties to initiate consultation with tangata whenua early in the project and policy phase, and maintain close liaison throughout this process.

The provisions in the RMA, (especially sections 6(e), 7(a) and 8) indicate a strong signal to decision-makers that tangata whenua have a special status and are not to be considered just another interest group². Formal recognition of this special status and a statement of the local authority’s commitment to the principles of the Treaty of Waitangi is an important aspect of developing a partnership with tangata whenua.

Policy One identifies the need to develop a mutual understanding of the principles of the Treaty of Waitangi with tangata whenua and has been incorporated under the premise that a mutual understanding of resource management issues, from both the perspectives of tangata whenua and local authorities, is important in avoiding conflict and in resolving problems. This policy also recognises that these principles should be promoted within the regional community and within local authorities themselves. It is considered that education is a valuable tool that can be used in this instance (as expoused in Implementation Method 3).

Local authorities need to understand tribal structures, the concept of mana whenua³ and who has authority to speak on resource management issues. Although the identification of mana whenua is something that tangata whenua decide, the local authorities need to be aware of appropriate people to approach and to become familiar with working within tangata whenua processes. Implementation Method 1 therefore seeks to identify, through consultation, those iwi and hapu that iwi authorities have the right to speak for (this information needs to be accessible so that resource users and the community are also aware of the appropriate people to approach).

A partnership requires joint commitment and responsibility by tangata whenua, local authorities, resource users/applicants and interest groups to work toward resolving identified issues, and to take into account the principles of the Treaty of Waitangi within a relationship that fosters good faith and mutual respect. However, the development of a partnership as advocated by the principles, will take time to develop and maintain. Until a working relationship is developed and agreed upon, consultation is the key tool available to local authorities to achieve the objective. Guidelines for consultation between local authorities and tangata whenua need to be developed. The Waikato Regional Council (Environment Waikato) may hold hui and workshops with tangata whenua to achieve this.

Policy Two outlines intentions as they relate to the practical participation of tangata whenua, and has with it a suite of implementation methods to achieve this. Iwi planning documents provide one particular method for implementing this policy. Iwi planning documents can provide a source of information that will aid but not replace consultation with tangata whenua on the management of resources and appropriate partnership processes.

‘Resourcing’ of iwi authorities, as outlined in Implementation Method 2, may be in the form of administrative and/or technical support. Environment Waikato can assist tangata whenua in the understanding and participation of iwi in resource management, and can provide information to enable tangata whenua to make informed decisions and give representative views. In some circumstances Environment Waikato may require specific resource management advice, and may enter into negotiated funding arrangements with iwi authorities.

In the development of policy by local authorities, project development, pre-application of resource consents by resource users, and early consultation with tangata whenua will be encouraged. Alternative dispute resolutions will also be encouraged. There are a number of advantages in using these methods, such as: all parties have an opportunity to clarify the issues involved; information sharing; all parties are fully informed; the techniques focus on finding solutions rather than on legal technicalities; the relationships and understanding between the parties involved may be significantly improved; and the processes used can be specifically adapted to the nature of the dispute and the special needs of the parties involved.

Refer to resource management policies and methods in Part 3 for reference of consultation and participation of tangata whenua as it relates to each resource.

1. Mutual understanding of the principles of the Treaty of Waitangi.
   
2. Outcomes which accommodate the principles of the Treaty of Waitangi.

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Footnotes

1. See Glossary for definition of rohe.
2. Parliamentary Commissioner for the Environment. Proposed Guidelines for Local Authority Consultation with Tangata Whenua. Page 4.
3. Authority over land or taonga in a tribal area.