Your search

Norman v Tūpuna Maunga o Tāmaki Makaurau Authority is a judicial review of the Tūpuna Maunga o Tāmaki Makaurau Authority's decision to fell and remove all the exotic (non-native) trees on Ōwairaka/Mt Albert. Whilst the High Court dismissed the review and allowed the operation to proceed, that decision was overturned by the Court ofAppeal because the Maunga Authority failed to consult in accordance with statutory requirements. The Norman litigation has implications and lessons for all co-governance arrangements in Aotearoa New Zealand. This article argues that whilst the relevant Treaty of Waitangi settlement legislation allows for meaningful power-sharing within the Maunga Authority, and the co-governance partners sought to meaningfully share power, the Maunga Authority could have done more to consult and act in good faith. It also contends that tikanga Māori gives rise to a duty to consult and ought to be contemplated by counsel as a basis for a duty to consult in the future.

This article considers the relevance of identity and history for Māori development policy. It explores community-based priorities for socioeconomic development in defining “gaps” and compares this with programmes initiated and implemented by government. This article argues that major gaps are historically based and provide clues for present gaps that are measured cross-culturally in, for example, education, health, housing, justice and employment, as well as for some gaps that are not represented in statistical analysis and are inadequately considered in officialdom. Moreover, cultural principles remain fundamental to individual and group identity and, therefore, socio-economic and political survival. Thus, some major gaps are measured internally within the group and are concerned with cultural vitality. However, in order for cultural principles to have proper legitimacy and development programmes to have rigour, it is necessary to consider carefully various shades of meaning and establish which dimensions are applicable to particular gapclosing policies. And while history and identity are essential features of community development policies, it is important that there is a clear relationship between analysis, policy and practice.

In February 1840, Maori co-signed the Treaty of Waitangi with the British Crown. Partnership, protection, and participation are the fundamental principles provided in the Treaty. In April 2010, the New Zealand government endorsed the Declaration on the Rights of Indigenous Peoples. These two instruments provide indigenous peoples with the right to participate fully in decision-making that will affect their legal, social, economic, cultural, and political rights. Having endorsed the Declaration on the Rights of Indigenous Peoples, the New Zealand government is morally obliged to comply with the intent of the Declaration. The focus of this chapter is on the right of Maori to participate and be represented on the governing councils of local government. It will be demonstrated that the refusal by the New Zealand government in 2010 to provide dedicated Maori wards on the Auckland Council is contrary to the intent of the Declaration. The principles of the Treaty of Waitangi require the government to act with integrity toward the indigenous people of New Zealand. It will be argued that the failure of local government to utilize electoral options that will enhance Maori representation in local government breach obligations inherent in both the Declaration on the Rights of Indigenous Peoples and the Treaty of Waitangi.

How is it that the New Zealand government’s process for re-establishing Indigenous fishing rights has failed to deliver thriving Māori fisheries? This paper examines why, at Te Waihora, a coastal lake, and site of one of the nation’s longest running and best-funded state-Māori co-governance agreements, Māori fishers have been unable to use their rights to support their fishery. As of 2018, the lake’s culturally and ecologically significant eel population was no longer commercially viable, a decline fishers have attributed to rampant dairy industry expansion upstream. Drawing on environmental justice literatures, we deploy a multi-dimensional framework to identify factors shaping possibilities for justice in the wake of rights reconciliation, as experienced by Māori fishers, scientists, and leaders. We engage theories of political economic relations to interpret the implications of these experiences for environmental justice theory and politics. Ethnographic accounts demonstrate that the New Zealand government’s process for re-establishing Māori rights falls short of achieving distributional, procedural, and recognition-based dimensions of environmental justice, and that these effects are interlinked. In particular: (i) downstream fishers are placed to bear disproportionate costs of runoff from upstream land use change; (ii) Māori fishers have little influence over governance decisions that affect land use; and (iii) government claims, including that Māori should, “move beyond grievance mode,” obscure logics for resistance. We suggest that the government’s support for dairy industry expansion represents an attempt to mitigate crises of overaccumulation, characteristic of competitive markets. Unlike those who identify persistent injustice as a logic for turning away from the state, we argue that the recurring nature of these crises, and the role state organizations play in directing responses, indicates a rationale for continued engagement with state governing bodies to advance justice.

In New Zealand, the Crown and Local Authorities are required to engage with iwi in resource management matters, yet iwi engagement is a widely recognised weakness in many resource management professionals' skillsets. Coloniality permeates many interactions with iwi, and reflects a profession where practitioners' skillsets have not kept pace with developments in resource management legislation that better recognise the rights and interests of mana whenua. This article explores the real‐life impacts of this skill paucity on Ngāi Tahu environmental kaitiaki, and, through a Braided River methodological approach comprised of Kaupapa Māori research and Narrative Inquiry, offers recommendations for best practice mana whenua engagement. The article concludes by discussing the coloniality of planning, and how this impacts practitioners' ability to implement these best practice recommendations.

This report was written in response to the new freshwater reforms and VMO research objectives. The initial research question to be answered was: What is the role of cultural monitoring to inform the collaborative process? This research question was broadened to “provide Māori values and perspectives that inform collaborative processes and planning for freshwater management”, and includes a section on the role of cultural monitoring in collaborative processes. Key objectives were: • Document the Māori historical and legislative context for the collaborative process, including the role of the Treaty of Waitangi • Collate case study information from around New Zealand, on co-governance, co-management and co-planning and define these terms • Provide a range of useful tools to support successful collaboration by Māori and councils in collaborative freshwater management • Identify future challenges.

Local government in New Zealand faces major challenges. Among the most pressing are continual legislative change, threats to its autonomy, the gradual erosion of community voices in council planning and decision-making, and the need for funding solutions to ensure property rates remain affordable. As well, there is an urgent need for a more coordinated approach across central government on major policy issues such as climate change and housing. This book exposes these challenges and proposes and debates solutions for the future of our local government. Strong local government is vital for ensuring economic growth across and within regions and local communities, for enhancing community wellbeing, for funding and providing the infrastructure needed for, in some cases, rapidly growing and diverse communities, for ensuring our environment is valued and protected, and for planning for development in a time of constraint on resources. This book is a 'one-stop information shop' on local government that can be used by those who regularly interact with or study this area of government, by those working within local authorities, and by those who actively work to ensure their communities grow in a sustainable way.

In December 2002 a new Local Government Act was passed into statute. Much of the literature, submissions, articles and commentaries leading up to the passing of the Act indicated that a new Act had to clarify the relationships and obligations between local government, the Crown, Maori and the Treaty of Waitangi. In this paper I argue that the new Act has not adequately clarified these relationships and obligations, and that there are particular reasons and consequences arising from this situation. The reasons surround denials from local government that they are the Crown and central government's vested interest in allowing slippage to continue. If we examine the example of the General Agreement on Trade in Services we can see that a failure to clarify the relationships may have detrimental consequences for Maori to protect their rights.

This article examines what might be included in a definition of Māori political participation that moves beyond a predominant focus on voting in New Zealand general elections. I suggest that the proliferation of Māori governance organisations in recent years means that Māori participation within these organisations must also be considered as part of wider political participation. In addition, I argue that Māori engagement with local authorities deserves further close examination to explore the multiple ways in which political participation occurs. Using a broader definition of Māori political participation and highlighting its many facets indicate that Māori engage in more varied ways in New Zealand politics than previously recognised

In this article, I outline the existing legislative options available and rationale for Māori representation in local government. I suggest that the arguments and rationale against Māori representation have been exacerbated by a lack of clarity around local government's duties and obligations stemming from the principles of the Treaty of Waitangi. In the second part of this article, I explore more recent arguments by Māori for representation and involvement in local government decision-making on the basis of being mana whenua, which means to have territorial authority and power associated with the possession and occupation of tribal land. This argument foregrounds specific iwi (tribes) as holding territorial authority and therefore rights to representation and involvement in decision-making sourced in tikanga Māori (Māori law), over and above other Māori who live in that area. I examine in detail the Rotorua District Council's establishment of the Te Arawa Partnership Board in 2015 and argue that this Board and its first election results provide unique insights into the relationship between Te Arawa people living in and outside the district and has implications for broader conversations about the rights of Māori living away from their tribal areas.