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

2.1.5 Tangata Whenua Relationship With Natural and Physical Resources

Principal Reasons for Adopting: Tangata whenua have developed traditional practices for the sustainable management of natural and physical resources. The RMA provides significant opportunities for the involvement and recognition of tangata whenua in the management of their culture and traditions with respect to their ancestral lands, water, sites, waahi tapu, and taonga. The RMA also expressly provides for particular regard to be had to kaitiakitanga. At present, however, effective application of such provisions has yet to be fully realised or utilised.

Ensure that the relationship tangata whenua have with their ancestral lands, water, sites, waahi tapu and other taonga is recognised and provided for in resource management decision making.

1. Consult with tangata whenua over the management (including the identification and protection) of waahi tapu or any other significant sites or taonga which are located in the Waikato Region.
   
2. Consult with tangata whenua over RMA policy and plan preparation, consent applications and other procedures of local authorities which may affect the relationship of Maori and their culture and traditions with their ancestral lands, water sites, waahi tapu and other taonga.
   
3. Make appropriate provision in regional plans, district plans and resource consents for the recognition of the relationship tangata whenua have with their ancestral lands, water sites, waahi tapu and other taonga.

Have particular regard to the role tangata whenua have as kaitiaki and provide for the practical expression of kaitiakitanga.

1. Consult with tangata whenua on a resource and site specific basis, and develop the meaning of kaitiakitanga as it applies to kaitiaki management of resources in the regional and local context.
   
2. Consult with tangata whenua, and identify opportunities for the practical expression of kaitiakitanga as it applies to resources in the Waikato Region.
   
3. Integrate the concept of kaitiakitanga into the preparation, implementation and administration of regional plans, and encourage this in district plans.

Policies One and Two serve to address the requirements under section 6(e) and 7(a) of the RMA.

Policy One and the corresponding implementation methods address the fact that it is only Maori who can identify their taonga (and other cultural and traditional values). Regional and district planning must provide for this identification (where appropriate) in full consultation and participation with tangata whenua. This also provides for the active protection principle of the Treaty of Waitangi.

Policy Two recognises there is a statutory requirement for local authorities to have particular regard to Kaitiakitanga. It is important to acknowledge that tangata whenua are the sole repositories of knowledge of their cultural and spiritual values. Tangata whenua have the right and responsibility to articulate these values and belief systems. Early and meaningful consultation is, therefore, an essential part of understanding and promoting the role tangata whenua can have as kaitiaki (this is provided for in Implementation Method 1).

Implementation Method 2 of Policy Two, can be developed on the premise that the practical role of kaitiakitanga may be identified in terms of: knowledge, willingness to assist in the identification of key participants within the tribal framework and interpretation of tikanga Maori. These are roles that local authorities can not assume to be aware of or undertake.

Refer also to section 3.15 Heritage for further discussion and resource management policy on historical and cultural heritage.

1. Ancestral lands, water, sites, waahi tapu and taonga recognised and provided for.
   
2. Outcomes which accommodate the cultural and spiritual values held by tangata whenua.

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Footnotes

1. See Glossary for definition of Kaitiakitanga.