Working with Māori
Councils operate under a number of statutory regimes that require them to engage with Māori or tangata whenua. The two dominant frameworks are the Resource Management Act 1991 (RMA) and the Local Government Act 2002, but provisions are also found in legislation governing conservation, coastal management, flood management and transport.
Engagement within the context of the RMA is by far the dominant framework as it deals with regulatory matters that involve the use of land and water which can have considerable impact on iwi and hapu interests. While it is the framework where local authorities have built up the most experience it is also a very complex series of relationships.
The RMA promotes the sustainable management of natural and physical resources in a way that enables communities to provide for their environmental, social, economic and cultural well-being. The Act recognises Māori interests in natural and physical resources and contains specific provisions for consulting and working with tangata whenua.
Some of the key provisions in the RMA that are most relevant to this topic are:
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section 6 which recognises the national importance of the relationship of Māori and their culture and traditions and their ancestral lands, waters, sites, wahi tapu, other taonga and historic heritage
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section 8 which applies the same obligations to "all persons exercising powers under the RMA" to take into account the principles of the Treaty of Waitangi.
The RMA guarantees tangata whenua an opportunity to contribute to the preparation of plans and policies. The legislation does not provide the same guarantees in relation to individual resource consent applications, although it is accepted as good practice for resource consent applicants to consult with tangata whenua where their proposals affect matters covered by the RMA.
Section 4 of the LGA includes a statement which establishes that the Crown, not local government, is the Treaty partner but that in recognition of the Crown's obligations it has imposed certain responsibilities on local government. These are largely Article Three responsibilities and involve measures to enhance Maori participation in decision-making processes.
The relevant provisions are:
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section 14 which sets out a number of principles including one principle that explicitly requires local authorities to provide opportunities for Māori to contribute to councils' decision-making processes
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section 77 which requires councils to take into account the relationship of Māori with their ancestral land, water, sites, waihi tapu, valued flora and fauna and other taonga when making significant decisions relating to land and bodies of water.
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section 81 which requires councils to facilitate contributions to decision making processes by Māori.
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schedule 10 requires councils to set out in their long term plans what they intend to do to foster Māori capacity to contribute to decision-making processes and include in their annual reports a statement on what has been done to foster that capacity.
The provisions in the LGA act as levers that can be used to influence institutional behaviour rather than specific requirements that can be easily monitored. The degree to which councils comply with these provisions will depend on the particular circumstance of each district or city and the nature of their relationships with local iwi and hapu.
For more information read Māori participation and engagement with local government, and Local authorities and Māori: case studies of local arrangements
