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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.
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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.
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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.
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For the past decade, collaboration has been the preferred method of devising land and water policy in Aotearoa New Zealand to achieve agreed outcomes. However, the use of collaboration in policymaking is at a crossroads, as some argue it is unrealistic to expect stakeholders and tangata whenua with competing interests to work in partnership on contentious policy issues. To help clarify the future direction of collaboration, this paper provides authorising agencies (those with responsibility for the policy problems) with prompts to reflect ex ante on the advantages and disadvantages of pursuing collaboration. Based on a retrospective review of collaborations in New Zealand’s land and water policymaking, and a two-day symposium with collaboration practitioners, we identify situations that are potentially less suited to collaboration owing to factors that are challenging to overcome through process design. Four issues that affect the success of collaborations are identified: the nature of the policy problem, the personal and collective qualities of those involved, power relationships, and the collaborative process. Finally, we draw together practical lessons from history, the symposium, and the literature to develop a list of questions for authorising agencies to use to reflect on the advantages and disadvantages of pursuing collaboration.
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In this article I examine some of the challenges for Māori and Local Government on the path to Treaty-based Local Government relationships. I suggest significant challenges exist in three core areas. The first relates to the attitudes towards the ideas of Treaty-based Local Government and evident in common terminology which has a narrow focus on the identity of Māori as ‘representatives' rather than ‘Treaty partners’. The second area of challenge is in having Māori wards/constituencies established which, when they are established, are symbolically the beginnings of an acknowledgment of Treaty obligations and relationships. The third challenge is the lack of good data which limits understandings of Māori involvement in Local Government. In the second part of the article I ask whether any specific challenges can be seen that might impact on Treaty-based relationships in regard to Māori involvement as candidates and voters in Local Government elections.
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The emphasis on strengthening Maori Crown relationships in the Public Service Act 2020 and the establishment of Te Arawhiti signalled a new era in the public service's interactions with tangata whenua. Carl Billington investigates whether this is changing the way public sector agencies approach their interactions with Maori.
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