Regional Policy Statement for Taranaki |
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| This page: | Part C — Issues of significance to iwi | Part C Section 16 — Issues | 16.1 — Treaty |
| Other pages: | 16.2 — Kaitiakitanga | 16.3 — Taonga | 16.4 — Values |
Part C — Resource management issues of significance to iwi
Section 16 — Statement of resource management issues of significance to iwi authorities
Part C identifies the resource management issues of significance to iwi authorities in the region and presents the objectives, policies and methods of implementation to address those issues. These issues are summarised in the table below:
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Issues |
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In relation to each issue, the Regional Policy Statement presents:
(a) an overview of the issue;
(b) the objectives sought to be achieved by the Regional Policy Statement to address that issue;
(c) the policies for the issues and objectives (and an explanation of those policies);
(d) the methods (actions, programmes) to implement the policies;
(e) the principal reasons for adopting the objectives, policies, and methods of implementation; and
(f) the environmental results anticipated from the implementation of those policies and methods.
Each of the issues, objectives, policies, methods of implementation and environmental results anticipated has been given a unique identifying number. This number is based on a three letter symbol (which relates to the subsection in this Part of the RPS in which the relevant issue, objective, etc is found) followed by a number 1, 2, 3, etc. For example all issues, objectives, policies and methods etc in the subsection entitled "Taking into account the principles of the Treaty of Waitangi" will be preceded by the letters TOW (for "Treaty of Waitangi"). Objective 1 for this issue will therefore read TOW Objective 1. Similarly Policy 1 will be TOW Policy 1 and Method 1, TOW Method 1 and so on. This allows each specific provision in this part of the document to be identified by a unique number.
In addition to the issues of significance to iwi authorities, the resource management issues presented in Part B [Resource Management Issues of Significance] of the Regional Policy Statement, which apply generally to the Taranaki region, will also be of relevance to iwi and complement the objectives, policies and methods presented in this part of the Statement.
For the purposes of integrated management, this Part of the Regional Policy Statement also lists the methods the Taranaki Regional Council shall use to implement the policies and those methods which territorial authorities may wish to consider. The methods also refer to actions, procedures, programmes or techniques that might be applied by other agencies acting under other legislation.
In this Part of the Regional Policy Statement the terms 'iwi authorities' and 'iwi' are used to describe Taranaki tangata whenua. Iwi authority means the authority, which represents an iwi and which is recognised by that iwi has having authority to do so. This definition arose from the Treaty of Waitangi settlement process and the Resource Management Amendment Act 2005. The term iwi is used in the traditional and wider sense and means a tribe or grouping of Māori people descended from a common ancestor(s).
16.1 Taking into account the principles of the Treaty of Waitangi
Background to the issue
The tangata whenua of the region have particular interests and concerns in relation to the natural environment. Tangata whenua also wish to maintain meaningful and adequate input to the regional and district councils' decision-making and to have structures and processes in place to ensure that occurs.
All those exercising functions, duties and powers under the Act are required to take into account the principles of the Treaty of Waitangi. A number of principles have been defined through the findings of the Waitangi Tribunal and decisions of the Court of Appeal including the principles of:
- kawanatanga - the Crown's right to govern and delegate resource management decision-making powers to local authorities
- rangatiratanga - the right of iwi to control, manage and use tribal resources according to their cultural preferences
- partnership - a relationship between iwi and central and local government based on the concepts of good faith, mutual respect, reasonable cooperation and compromise
- resource development - the facilitation of iwi resource development
- spiritual principle - recognition of the spiritual relationship that tangata whenua have with the environment. (Solomon, M and Schofield R (1992): 'The Resource Management Act and the Treaty of Waitangi').
These principles establish guidelines to govern the relationship between Iwi o Taranaki and local government in the Taranaki region. In recognition of the evolutionary nature of this relationship, however, any attempt to explicitly define and limit the principles has been avoided. Rather it is expected that they will need to be revisited and adapted as legal and practical experience is gained over time.
The full text of the Treaty of Waitangi (both English and Māori versions) is contained in Appendix III.
The significant issues in relation to taking into account the principles of the Treaty of Waitangi are:
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TOW |
Forming an effective relationship while acknowledging the different perspectives on kawanatanga and rangatiratanga in resource management.
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TOW |
The Taranaki Regional Council and three territorial authorities agreeing to a shared understanding with tangata whenua of the meaning and practical implications of taking into account the principles of the Treaty of Waitangi in terms of resource management. |
Objective
TOW OBJECTIVE 1
To take into account the principles of the Treaty of Waitangi in the exercise of functions and powers under the Resource Management Act.
Policies
Effective relationship
TOW POLICY 1
Act cooperatively and in good faith, showing flexibility and responsiveness and a desire to engage with Māori for the good governance of the Taranaki region.
Treaty of Waitangi
TOW POLICY 2
Management of natural and physical resources in the Taranaki region will be carried out in a manner that takes into account the principles of the Treaty of Waitangi, including the principles of kawanatanga, rangatiratanga, partnership, active participation, resource development and spiritual recognition.
Explanation of the policies
Policy 1 will be achieved by local government establishing and maintaining effective working relationships with Māori in the governance of the region. This will be done in a manner that is inclusive and makes the best use of the resources of Māori and councils. Policy 2 requires that all those exercising functions, duties and powers under the Act take into account the principles of the Treaty of Waitangi.
Related policies
All policies in Sections 5.1 [Soil erosion]; Section 5.2 [Soil health]; Section 5.3 [Hazardous substances and contaminated sites]; Section 6.1 [Surface water allocation]; Section 6.2 [Surface water quality]; Section 6.3 [Groundwater flows and quality]; Section 6.4 [Wetlands]; Section 6.5 [Land drainage and associated diversions]; Section 6.6 [Use of river and lake beds]; Section 6.7 [Public access to rivers and lakes]; Section 7.1 [Air quality]; Section 7.2 [Climate change]; Section 8.1 [Natural character of the coastal environment]; Section 8.2 [Coastal water quality]; Section 8.3 [Public access to the coastal environment]; Section 9 [Indigenous biodiversity]; Section 10.1 [Natural features and landscapes]; Section 10.2 [Historic heritage]; Section 10.3 [Amenity values]; Section 12 [Waste management]; Section 14 [Energy]; Section 15.1 [Sustainable urban development]; Section 15.2 [Regionally significant infrastructure]; Section 16.2 [Kaitiakiatanga]; Section 16.3 [Ancestral lands]; and Section 16.4 [Cultural and spiritual values].
Methods of implementation
The Taranaki Regional Council will:
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TOW |
Be guided in administering functions, powers and duties pursuant to the Act, by the Declaration of Understanding and a Code of Conduct developed jointly by the Taranaki Regional Council and Iwi o Taranaki.
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TOW METH 2 |
Adopt those methods of implementation as outlined in sections 4 to 12 of Part B and Part C of this Regional Policy Statement and any other methods as are appropriate and agreed with relevant iwi authorities, to achieve the objective and implement the policy.
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TOW METH 3 |
Consider the development of memoranda of understanding with iwi authorities to promote resource management and an effective relationship between the Taranaki Regional Council and iwi.
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TOW |
When developing policies and processing resource consents, have regard to statutory acknowledgements where the Crown has formally acknowledged the statements made by iwi of the particular cultural, spiritual, historical, and traditional association of the iwi with particular areas. |
Territorial authorities may wish to consider the following method:
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TOW METH 5 |
Those methods of implementation as outlined in sections 4 to 12 of Part B and Part C of this Regional Policy Statement that are appropriate for the district.
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The Treaty of Waitangi/Te Tiriti o WaitangiA declaration of understanding between Iwi o Taranaki and the Taranaki Regional Council*
Article 1 of the Treaty gave the Crown the right to make laws for the "peace, order and good government of New Zealand". This has become known as the 'Principle of kawanatanga'. That right was qualified by an obligation to respect the 'tino rangatiratanga' rights of Iwi as guaranteed by Article II of the Treaty. This has become known as the 'Principle of Rangatiratanga'.
In exercising its right of kawanatanga, the Crown has delegated authority for managing natural and physical resources to local authorities. In doing so, it has chosen to limit its Article II obligations to requiring local authorities to 'recognise and provide' for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga, as a matter of national importance, to 'have particular regard to' kaitiakitanga, and to 'take into account' the principles of the Treaty, when making decisions.
For the Taranaki Regional Council, this means that it can draft policies and set objectives, methods and rules that have regional application. This, in effect, is the Council exercising its delegated right of kawanatanga to make laws that apply to Māori and non-Māori people alike. However, in carrying out this function, the Council must provide for the views and interests of tangata whenua to be represented at every stage of the process, including inception, development, implementation, and ongoing monitoring. In this way, the Council can be seen to be carrying out its restricted obligations to observe and respect te tino rangatiratanga rights of Iwi o Taranaki in relation to the sustainable management of natural and physical resources.
The legal authority of the Taranaki Regional Council to redress ownership claims of tangata whenua and hence to fully recognise and restore tino rangatiratanga under Article II, has been restricted by the kawanatanga rights which have been delegated by the Crown to the Council. These rights limit the Council's authority to management issues only. Although this legal constraint is acknowledged, it is also accepted that for Iwi o Taranaki, the full recognition of tino rangatiratanga is dependent on the resolution of outstanding resource ownership grievances. To the extent that the Council can recognise and enhance rangatiratanga interests in relating to management of resources, it will do so.
It is also acknowledged that there may be times when the management functions of the Taranaki Regional Council will conflict with the resource ownership claims of tangata whenua. At such times, the parties will, in co-operation and good faith, endeavour to work out acceptable solutions or compromises, bearing in mind that this may not always be practically or legally possible. As a minimum requirement, the Council will not act in a way that will worsen existing Treaty grievances or give rise to fresh grievances of tangata whenua. Code of ConductIn taking into account the Principles of the Treaty of Waitangi, within the limits of the Resource Management Act, the Taranaki Regional Council will endeavour to:
Actively protect the mana taiao and taonga of Iwi o Taranaki by identifying and protecting, in a manner appropriate to the values of iwi, those natural and physical resources of significance to iwi.
1. Recognise and respect the cultural and spiritual values of Iwi o Taranaki by ensuring that the use, development and protection of the region's natural and physical resources are undertaken in a manner that protected and enhances the relationship of iwi with the environment.
2. Actively promote and develop greater partnership in the management of the natural and physical resources of the region, between Iwi o Taranaki and the Taranaki Regional Council by exercising the utmost good faith, cooperation, reasonable compromise, flexibility and responsiveness.
3. Promote active participation in the management process by enhancing the role of iwi within the preparation, implementation and review of resource management policies and plans.
4. Ensure the rangatiratanga rights of tangata whenua are upheld in the management and development of resources by protecting the role and importance of kaitiaki, and the ability of iwi to develop their resources in accordance with their own customs and values. |
* The Declaration of Understanding was developed in 1994. It should be noted that the Iwi of Nga Ruahine do not support the use of the word 'acknowledged' in paragraphs 4 and 5 of the declaration.
Declaration of Understanding and Code of Conduct
With regards to the Taranaki Regional Council's responsibilities, the Council and Iwi o Taranaki have recorded a Declaration of Understanding and a Code of Conduct that has assisted the Council in its interpretation and provides guidance in the implementation of the principles of the Treaty of Waitangi and which applies when giving effect to its resource management responsibilities.
The Declaration of Understanding establishes and records a basis of mutual understanding about the relationship between the devolved kawanatanga responsibilities of the Taranaki Regional Council and the rangatiratanga rights of Iwi o Taranaki.
The Code of Conduct is an expression of the Taranaki Regional Council's commitment to take into account the principles of the Treaty of Waitangi in the exercise of its resource management functions. The provisions in the Code are statements of general intent. Essentially, they represent what the Taranaki Regional Council together with iwi should be striving to achieve in the management of Taranaki's natural resources.
Principal reasons for adopting the objective, policy and methods
The objective, policy and methods of implementation give effect to the Resource Management Act and establish a planning framework for taking into account the Treaty of Waitangi in the management of natural and physical resources.
The policy and methods build on current approaches to this issue. They (and the Declaration of Understanding and the Code of Conduct) have proven to be acceptable to date in terms of promoting effective integrated management and achieving desired environmental outcomes and are considered appropriate having regard to their efficiency and effectiveness and their benefits and costs.
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Environmental results anticipated TOW ER 1 Increased recognition and understanding of the principles of the Treaty of Waitangi. TOW ER 2 Resource management decisions which take into account the principles of the Treaty of Waitangi. |