This page provides information on the Council's obligations to the Treaty of Waitangi and enabling Māori contribution to decision-making, kaumātua arrangements and issues of cultural impact and significance.
Treaty of Waitangi
The Council has obligations to take account of the Treaty of Waitangi under a number of statutes such as the Local Government Act 2002 (requiring opportunities for Māori to contribute to the Council's decision-making processes), Resource Management Act 1991, Reserves Act 1977 and Conservation Act 1987 etc.
The spirit of general partnership principles of the Treaty of Waitangi are achieved in consultation with the tangata whenua, Ngāti Toa, through the iwi authority, Te Rūnanga O Toa Rangātira. The Council and the Rūnanga maintain a working relationship for the provision of advice and to raise concerns with the Council on its recommendations in the preparation of policy and development issues. The Chair of Te Rūnanga O Toa Rangātira, Taku Parai, is also the Council's kaumātua, providing tikanga Māori (customary values and practices) advice and support and is able to attend Council meetings with full speaking rights.
The agreed principles that guide the Council and tangata whenua are:
- The Principle of Mutually Beneficial Relationship - Both parties must act reasonably and in good faith, and interact with reason and respect.
- Active Protection - To the fullest extent practicable there must be active protection of Māori resources and other guaranteed taonga.
- Tribal Self Regulation - Māori can retain responsibility and control of the management and allocation of resources they wish to retain control of. This involves the right to develop these resources to meet iwi social and economic needs.
- Shared Decision-Making - Council is to allow the tangata whenua to participate in the decision-making process.
- Iwi/Hapu Resource Development – The Treaty guaranteed to Māori retention of their property rights and the choice of developing those rights. In pursuing development Māori have the right to pursue non-traditional uses of their resources and to take advantage of new technology.
- Consultation - Characteristics of good consultation will include the provision of sufficient information to allow tangata whenua to make informed assessments of proposals; a willingness to change plans or proposals; and sufficient time for tangata whenua to absorb material and to respond.
Assessment of Cultural Issues
There is no statutory requirement to prepare or commission a cultural impact assessment. The Council does not routinely require such assessments to be undertaken. However, the Council will seek the views of Ngāti Toa through the iwi authority Te Rūnanga O Toa Rangātira, on a range of issues and processes. Similarly, the Council may ask an applicant (eg for a resource consent, private plan change or for an activity on a reserve) for evidence of its engagement with Ngāti Toa. A cultural impact assessment could possibly result from these discussions and consideration of the issues and will also help to document Māori cultural values, interests and associations with an area or a resource, and the potential impacts of a proposed activity on these.
For more information, see: