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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

2.1.3 Tangata Whenua Relationship with Natural and Physical Resources

Relationships with natural and physical resources continue to evolve and differ within and between iwi. The number and variety of activities affecting the mauri of ancestral lands, water, sites, waahi tapu and other taonga has increased significantly since traditional times. A combination of both traditional and modern approaches are likely to be required to maintain and enhance the mauri of natural and physical resources.

As expressed in section 2.1.2 local authorities need to seek agreement with iwi authorities on local implementation of the Treaty principles, and their participation in resource management decision-making. This approach will also allow local authorities to discuss ways in which they can meet the requirements and responsibilities of the RMA, to recognise and provide for resources valued by Maori, their culture and traditions and their ancestral lands, waters, sites, waahi tapu and other taonga1.

Section 7(a) of the RMA states that:

In achieving the purposes of this Act, all persons exercising functions and powers under it in relation to the use, development and protection of natural and physical resources shall have particular regard to:
(a) kaitiakitanga.

Maori have expressed concern that the concept of kaitiaki2 in the RMA does not acknowledge that kaitiakitanga is an integral part of a complex cultural system, where each iwi, hapu or whanau defines who are its kaitiaki and what they must do. Kaitiakitanga is fundamental to the relationship of tangata whenua and the environment, and has been developed by tangata whenua to fulfil their responsibilities towards the environment. Tangata whenua will each have their own interpretation of the concept of kaitiaki, however, there are two important overriding principles for kaitiaki, firstly there is the ultimate aim of protecting mauri and secondly, there is a duty to pass on the resources to future generations in a state which is as good as, or better than the current state.

Provision for practical expression of kaitiakitanga in relation to the natural and physical resources of the Region will require mutual understanding of the issues and co-operation within the resource management process between local authorities and tangata whenua.


Summary of Significant Resource Management Issues

The following is a summary of the significant resource management issues that have been identified for tangata whenua within the Waikato Region:
  1. The principles of the Treaty of Waitangi have been defined by the Crown, the Waitangi Tribunal and the Courts, who have emphasised the evolving and fluid nature of Treaty interpretation. Tangata whenua and local authorities may differ in their interpretations of the principles of the Treaty which may result in conflict in the management of natural and physical resources.
  2. The relationship tangata whenua have with the environment is given special recognition in the purpose and principles of the RMA. To date there has been limited involvement of tangata whenua in resource management decision making regarding the protection and enhancement of ancestral lands, water, sites, waahi tapu and other taonga, and in the practical expression of kaitiakitanga. This lack of involvement has the potential to lead to conflict about the management of natural and physical resources under the RMA.

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Footnotes

  1. Section 6(e) of the RMA.
  2. Guardian, steward.

Copyright Waikato Regional Council © 1999-2007
Date Printed: 20 September 2007
Page: www.ew.govt.nz/index.asp
Environment Waikato:   Box 4010 Hamilton East   Fax 07 859 0998   Freephone 0800 800 401

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