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Taiao expert warns RMA reforms could weaken Treaty settlements

Nā Shakayla Andrews-Alapaki tēnei atikara. 


The Government is facing mounting criticism over resource management reforms that Māori leaders say will reduce iwi influence and undermine Treaty settlements.

Kaupapa Māori environmental expert Tina Porou (Ngāti Porou, Ngāti Kahungunu) said the proposed changes to the Planning Bill, alongside changes affecting Treaty settlements, would weaken Māori participation in environmental decision-making. 

“The Bill gives every settled iwi two years to renegotiate their Treaty settlements. That goes to the heart of the principle that settlements are ‘full and final’. Now they are saying it is only ‘full and final’ when they say it is, and they are going to cherry-pick what they want to negotiate with iwi”, Porou said.

The concerns follow the Government's announcement that Mana Whakahono ā Rohe agreements will be removed from the new resource management system. The agreements, established under the Resource Management Act (RMA), set out how iwi and councils work together on planning and environmental management matters.

Te Rūnanga o Makaawhio chair Paul Madgwick says Poutini Ngāi Tahu was blindsided by the decision.

“There was no consultation on this whatsoever and the first we knew of it was the Minister's statement,” Madgwick said.

Poutini Ngāi Tahu and the Tai Poutini Regional Council became the first iwi-council partnership to sign a Mana Whakahono ā Rohe agreement in 2020. Madgwick says replacing the framework with proposed iwi partnership agreements appears to weaken the relationship Māori have built with councils.

Resource Management Reform Minister Simon Court said the Government acknowledged some iwi would be concerned about losing existing arrangements but argued the changes were necessary to create a consistent nationwide planning framework.

“We recognise that there’ll be groups like Ngāi Tahu actually concerned that they have good relations with the council and they want to continue those. They think the ways of working might be appropriate but, we had to reset the system for the whole country,” Court said.

“There will be treaty settlements which provide for involvement and plan making, and setting rules, for certain activities: having an input into how rules are set and having an input to how environmental limits are set -  so that's where the government intends, the best engagement to be with iwi and hapu groups” he added.

The legislation is expected to proceed to its second reading in Parliament, with iwi leaders and Māori advocates warning that the reforms could further diminish Māori influence over resource management decisions.

Kua kaha rangona e te kāwanatanga ngā kōrero whakahē ō ngā kaupapa here mō ngā whakaritenga hōu mō te whakahaere rawa, ka mutu, ko tā ngā iwi Māori ka mimiti haere te whakaawenga o iwi me ngā whakataunga Tiriti. 

 

E ai ki a Tina Porou (Ngāti Porou, Ngāti Tūwharetoa), ko ngā ngā panonitanga e marohitia ana i raro i te Planning Bill, me ngā whakarerekētanga e pā ana ki ngā whakataunga Tiriti, ka ngoikore ake te whai wāhi mai ā te Māori ki ngā whakataunga e pā ana ki te taiao.

 

“The Bill gives every settled iwi two years to renegotiate their Treaty settlements. That goes to the heart of the principle that settlements are ‘full and final’. Now they are saying it is only ‘full and final’ when they say it is, and they are going to cherry-pick what they want to negotiate with iwi”  hei tā Porou.

 

I ara ake ēnei māharahara whai muri i te pānuitanga a te Kāwanatanga kia whakakorea ngā kirimana o te Mana Whakahono ā-Rohe i raro i te pūnaha whakahaere rauemi hōu. I whakatūria ēnei whakaaetanga i raro i te Ture Whakahaere Rauemi (RMA) hei whakarite i te āhua o te mahi ngātahi a ngā iwi me ngā kaunihera mō ngā kaupapa whakamahere me te whakahaere taiao.

E ai ki te heamana o Te Rūnanga o Makaawhio, ki a Paul Madgwick, i ohorere rawa a Poutini Ngāi Tahu i taua whakatau.

“There was no consultation on this whatsoever and the first we knew of it was the Minister's statement,” ko tā Madgwick.

Nō te tau 2020, ko Poutini Ngāi Tahu me te Kaunihera ā-Rohe o Tai Poutini ngā rangapū mahitahi tuatahi kia hainatia i tētahi whakaaetanga Mana Whakahono ā-Rohe. Hei tā Madgwick, ko te whakaaro kia whakakapia taua anga mahi ki ngā whakaaetanga rangapū iwi e marohitia ana, ka whakaiti pea i te hononga kua roa e whakatūria ana e te Māori me ngā kaunihera.

 

E ai ki te Minita mō ngā Whakahoutanga Whakahaere Rauemi, ki a Simon Court, e mōhio ana te Kāwanatanga ka māharahara ētahi iwi mō te ngaro i ā rātou whakaritenga o nāianei, engari e whakapono ana a Court e tika ngā anonitanga kia whai pūnaha whakamahere mō te katoa, puta noa i te motu.

 

“We recognise that there’ll be groups like Ngāi Tahu actually concerned that they have good relations with the council and they want to continue those. They think the ways of working might be appropriate but, we had to reset the system for the whole country,” hei tā Court.

“There will be treaty settlements which provide for involvement and plan making, and setting rules, for certain activities: having an input into how rules are set and having an input to how environmental limits are set -  so that's where the government intends, the best engagement to be with iwi and hapu groups” hei āpiti atu ki ngā kōrero o Court. 

Ka anga whakamua te pire ki tana pānuitanga tuarua ki te Whare Pāremata, ā, e whakatūpato ana ngā kaiārahi iwi me ngā kaitautoko Māori ka kaha ake pea te whakaiti i te mana me te whai wāhi o te Māori ki ngā whakataunga whakahaere rauemi.

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