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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.
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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.
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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.
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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
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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.
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In response to widespread water quality and quantity issues, the New Zealand Government has recently embarked on a number of comprehensive freshwater management reforms, developing a raft of national discussion and policy documents such as "Freshwater Reform 2013 and Beyond" and a National Policy Statement for freshwater management (NPS-FM 2014). Recent resource management reforms and amendments (RMA 2014), based on previous overarching resource management legislation (RMA 1991), set out a new approach and pathway to manage freshwater nationwide. Internationally, there is an increasing trend to engage with indigenous communities for research and collaboration, including indigenous groups as active participants in resource management decision making. What is driving this change toward more engagement and collaboration with indigenous communities is different for each country, and we document the progress and innovation made in this area in New Zealand. The indigenous rights of Māori in New Zealand are stated in the 1840 Treaty of Waitangi and in many forms of New Zealand's legislation. Local and central governments are eager to include local indigenous Māori groups (iwi/hapū) in freshwater management planning processes through meaningful engagement and collaboration. Key to the success of collaborative planning processes for Māori are enduring relationships between local government and Māori, along with adequate resourcing for all partners contributing to the collaborative process. A large number of shared governance and management models for natural resource management have emerged in New Zealand over the past 20 years, and some recent examples are reviewed. We provide some discussion to improve understanding and use of the terms used in these management models such as cogovernance, comanagement, and coplanning, and describe some of the more important frameworks and tools being developed with Māori groups (e.g., iwi/hapū), to strengthen Māori capacity in freshwater management and to support good collaborative process and planning.
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