Māori/Treaty of Waitangi and the RMA. IPENZ August 2015 Paul Beverley.

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Presentation transcript:

Māori/Treaty of Waitangi and the RMA. IPENZ August 2015 Paul Beverley

Te Tiriti o Waitangi / Treaty of Waitangi Source: en.wikipedia.org

The journey... First and last name, title.

Context.

The fundamental relationship between Māori and land/natural resources First and last name, title.

Māori Contemporary Crown/LA/ Māori relationship Statutory obligations to Māori/Treaty Māori land Māori economy and communities Customary rights (eg MACA) Historical Treaty settlements The broader context

Maungawhau / Mount Eden Source:

The evolving context The expectations of Māori, central/local government and the Courts are evolving Evolving political relationships A movement beyond the 'consultation' mindset The post-settlement environment A stronger focus on Māori land

Treaty settlements.

The Waikato River Source:

Understand and acknowledge depth and significance of history. First and last name, title.

What is a Treaty settlement? Addresses 'historical claims' but does not settle or capture all matters (eg customary rights, contemporary matters) Stages of the settlement process Regional and collective settlements Redress

Relevance for RMA processes Novel statutory frameworks (eg Waikato River) New co-governance entities New planning instruments Treaty settlements are highly relevant in RMA processes Māori hearing commissioners

RMA planning.

Te Awa Tupua - Whanganui River Source:

Planning examples Proposed Auckland Unitary Plan GWRC Natural Resources Plan Greater recognition of Māori values and interests How to reflect Treaty settlements? How to reflect Māori land?

RMA consenting.

RMA consenting Increased emphasis being placed on Māori values The 'consultation' and 'MOU' mindset need refreshing The evolution of the approach of Courts and Boards of Inquiry PWA is a key issue (Patricia Grace case) Examples

Local government relationships.

New relationships being forged between local government and Māori Some are delivered through Treaty settlements or special legislation Examples: Māori responsiveness frameworks, audits, collaborative processes, representation

Other current issues.

Rights of First Refusal Māori economic development RMA reforms 'Rights and interests' in freshwater Te Ture Whenua Māori Act review

Marine and Coastal Area (Takutai Moana) Act Māori participation in RMA and PWA processes

Summary/discussion.

Auckland Wellington Christchurch..