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New Zealand Planning Institute An Introduction to Planning for Māori Values Workbook

An Introduction to Planning for Māori Values

Reading Material


Session XX Treaty and Legislation, Continued

Legal status of the Treaty

It’s complicated.

It is a valid and binding treaty at international law.

Privy Council in Te Heu Heu Tukino vs Aotea District Māori Land Board (1941) – Treaty not part of domestic law of NZ and cannot be relied upon as a source of rights in NZ courts – except where incorporated into domestic law by statute.

Are some indirect influences as well and other sources of rights.

Common law doctrine of aboriginal title and customary rights (eg Foreshore and Seabed).

Statutory interpretation.

Huakina Development Trust v Waikato Valley Authority (1987). Even where Treaty has not been incorporated into statute – important part of the social fabric of NZ so decision makers to take it into account in limited situations.

© New Zealand Planning Institute of 33


Session XX Treaty and Legislation, Continued

Historic and not so historic legislation

Land has been alienated from Māori in a variety of ways. Some was sold to the government or other buyers, often for very low prices; other areas were confiscated after the New Zealand wars and used for Pakeha settlement. The Native Land Court converted customary title to freehold, often leading to further losses of land.

Early legislation focused on encouraging European settlement and individualising Māori land titles, replacing customary communal ownership. This created problems for retaining Māori land.

When the first Europeans settled in New Zealand, some Māori allowed them to use land for missions, wharves, or cutting timber. Some chiefs gave land to Pakeha who had married Māori women.

The New Zealand Company made deals with Māori over land for its planned settlements.

After British sovereignty was proclaimed in 1840, the government looked into deals to decide whether they were valid.

From 1840 to 1865, Māori could sell land only to the government. Chiefs were encouraged to sell their land at low prices, and the government bought about two-thirds of New Zealand – almost all of the South Island, and large areas in the North Island. It was then sold to Pākehā settlers.

After the New Zealand wars of the 1860s, the government confiscated large areas of Māori land. At first they planned to take land just from tribes that had fought against the government, but later they also took land from other tribes.

Continued on next page



Session Three: Treaty and Legislation, Continued


Native Land Acts:

The Native Land Court was set up in the 1860s to make decisions about titles to Māori land. But it created problems:

It was expensive for Māori. They had to pay for surveying their land and for food and a place to stay in the town where the court was held.

After the title was decided, it was easy for land to be sold, and many Māori lost their land.

Most Māori land was owned by a number of people. Blocks with many owners were hard to administer, especially as they were passed down to children over time.

Native Land Act 1862 - allowed for up to 5% of crown-granted Māori land to be taken for public works without compensation.

1873 – title could no longer be held by iwi or hapū. All individuals had to be named on the title.

Native Townships Act 1895 – Crown could compulsorily acquire land Māori would not sell.

Native Land Settlement Act 1907 – required Māori land boards to sell 50% of surplus lands vested in them and lease 50%

By 1891 Māori had virtually no land in the South Island and less than 40% of the North Island.






Laws incorporating Māori customs

Some laws attempted to take account of customary practice:

The Native Exemption Ordinance 1844 and the Resident Magistrates Act 1867 allowed Māori convicted of theft to pay the victim a sum of money in compensation – a form of muru (a form of utu, usually a ritual seizure of personal property as compensation for an offence).

The Resident Magistrates Courts Ordinance 1846 required legal disputes involving only Māori to be heard by a resident magistrate assisted by two Māori chiefs. The chiefs would generally decide the verdict.

Section 71 of the New Zealand Constitution Act 1852 set apart districts where Māori laws and customs would be observed. However, this section of the act was never implemented.

Tohunga Suppression Act 1907

The colonial administrators who proposed incorporating Māori traditional law and custom into New Zealand’s early legislation regarded this as a temporary measure. They assumed that Māori would become assimilated into settler society, and that everyone in the new country would then be subject to a body of laws that no longer took account of Māori customary law.

The laws named above were all eventually repealed or replaced by others that dealt alike with Māori and non-Māori. Some later laws actually banned traditional Māori customs.

The Tohunga Suppression Act 1907 made it an offence to practise as a tohunga. In practice, however, this law was seldom enforced.

Public Works

The government continued buying large areas from Māori, up to the 1920s. Māori land was sometimes taken for public works in preference to other land. From the 1950s, Māori who owned a share in land worth less than £25 were forced to sell it.

Under the Public Works Act 1928, Māori customary land was excluded from exemptions on compulsory takings and from other requirements such as the requirement to notify owners. This was not changed until the 1970’s.






Māori Affairs Act 1953

The Māori Affairs Act 1953 forced unproductive Māori land into use. Anyone who could show the Māori Land Court that a piece of good land was not being used could apply to have it vested in trustees. This act, which allowed some flexibility in land management (such as under trusts), remained the governing legislation for Māori land for 40 years

Māori Affairs Amendment Act 1967

The Māori Affairs Amendment Act 1967 introduced compulsory conversion of Māori freehold land with four or fewer owners into general land. It increased the powers of the Māori Trustee to compulsorily acquire and sell so-called uneconomic interests in Māori land.




Local Government Act

Includes a statement that the Crown, not local government, is the Treaty partner.

In recognition of the Crown’s obligations local government has certain responsibilities (Article 3):

o involve Māori participation in decision-making processes,o enhance Māori capacity to participate and options for

enhanced representation by Māori (Māori seats).

Relevant sections:

4) In order to recognise and respect the Crown’s responsibility to

take appropriate account of the principles of the Treaty of

Waitangi and to maintain and improve opportunities for Māori to

contribute to local government decision-making processes, Parts

2 and 6 provide principles and requirements for local authorities

that are intended to facilitate participation by Māori in local

authority decision-making processes

14) Local authorities must provide opportunities for Māori to

contribute to councils’ decision-making processes

77) Councils must take into account the relationship of Māori with

their ancestral land, water, sites, wahi tapu, valued flora and fauna

and other taonga when making significant decisions relating to land

and bodies of water

81) Councils must facilitate contributions to decision-making

processes by Māori by:

• establishing and maintaining processes to provide

opportunities by Māori to participate in decision making

processes

• considering ways of fostering Māori capacity to contribute to

decision-making processes

• providing relevant information to Māori for these purposes.





Local Government Act, Continued

Schedule 10 LGA

A long term plan must include what a council intends to do to.

Foster Māori capacity to contribute to decision-making processes.

An annual plan must include a statement on what has been done to foster that capacity.

Resource Management Act

Promotes the sustainable management of natural and physical resources in a way that enables communities to provide for their environmental, social, economic and cultural well-being.

Recognises Māori interests in natural and physical resources and contains specific provisions for consulting and working with tangata whenua.

Slides 65-68Resource Management Act

Key relevant sections:

6(e) - The relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

6(g) - The protection of protected customary activities.

7(a) – Kaitiakitanga.

8 – In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi.

Note: there are limitations of the word “guardianship” as this word is not a direct or wholly accurate translation of kaitaikaitanga. Many Māori comment on the shortcomings of “guardianship” to explain kaitaikaitanga (which is a holistic and more culturally complex concept). It is fine to use “guardianship” as it is possibly the closest English word, but it requires explanation to do the concept of kaitiakitanga justice.





Slide 69 Māori involvement in plan development

Clause 3 – must consult with iwi authorities pre-notification. That iwi authorities may also have commercial interest in a matter does not override this requirement (Waikato Tainui Te Kauhanganui Inc v Hamilton City Council).

Clause 3B - how a council should consult with tangata whenua.

Iwi Management Plans, relevant planning documents recognised by an iwi authority and lodged with the council, must be taken into account.

Recognise and provide for any planning documents prepared for customary marine title area.

How these obligations have been met should be clear in the council’s report and decision.

Slide 70RMA duty to keep and maintain records

Requirement for councils to keep and maintain an iwi register.

Contact details of each iwi authority.

Any IMPs lodged with the council.

Any area where one or more iwi/hapū exercise kaitiakitanga.

Te Puni Kokiri website www.tkm.govt.nz (Te Kahui Mangai).

Slide 71Māori involvement in RMA resource consents

No duty to consult on resource consent applications.

But is considered to be good practice, particularly where a proposal may involve effects on matters of significance or relevance to Māori.

Māori may be:

o commissioned to prepare a cultural impact assessmento considered to be an affected partyo notified and may make a submission.



http://www.tkm.govt.nz/



Slide 72Other relevant RMA provisions

Joint management agreements

Transfers of powers

Statutory acknowledgments

Takutai Moana (Marine and Coastal Area Act) instruments.

Slide 74Treaty settlements

What are they?

What is the process?

Why do they affect and involve local government?

What are the implications for local government?

There are two distinct processes for addressing historical Treaty claims.

o claimant groups with demonstrable and accepted Treaty breaches may choose to being the process through direct negotiations with the Crown, or

o they may prefer to await the findings and recommendations of a Tribunal inquiry before approaching the Crown for negotiations.

Both of these process options require that a group (or, in the case of the Waitangi Tribunal, a person or persons of Māori descent) must first have registered its claims with the Waitangi Tribunal. The closing date for registering historical Treaty of Waitangi claims was 1 September 2008

Once its claim has been registered, a group is then eligible to enter into direct negotiations with the Crown, or it may instead elect to have its claims heard by the Tribunal before entering into negotiations.

Although the Tribunal may deliberate extensively and produce detailed findings and recommendations in relation to the claims of an iwi or other group, redress for grievances and full and final settlements can only be reached through negotiations directly with the Crown.





Slide 75Treaty settlements – what are they?

An agreement between the Crown and a claimant group to settle all of that claimant group’s historical claims against the Crown.

Claimant group usually iwi or large hapu.

Any overlapping claims need to be addressed before a settlement can be completed.

Must be ratified by claimant community.

A representative, accountable and transparent governance entity needs to be established to receive the settlement.

Complainant group must accept that it is fair and final and settles all of the historical claims of the complainant group.

As not possible to fully compensate, redress focusses on providing complainant groups with an economic base for future development.

No ongoing Treaty or other rights are extinguished.





Slide 76The negotiation process

Deeds of Mandate are assessed by the Office of Treaty Settlements and Te Puni Kōkiri (the Ministry of Māori Development). If a Deed is found to be properly inclusive and representative by these two agencies, it is then publicised in local and national newspapers to ensure that all members of the claimant community have a chance to comment, as well as neighbouring claimant groups. The Minister in Charge of Treaty of Waitangi and Minister of Māori Affairs make the final decision on behalf of the Crown, and a mandate may be recognised subject to certain conditions.





Slide 77 Key elements of a settlement





Slide 77, Continued

Key elements of a settlement

A Treaty settlement is usually made up of the following:

Historical acknowledgements and Crown Apology - an outline of historical events that are agreed between the Crown and the claimant group. The acknowledgements provide the basis for the Crown Apology to the claimant group for its actions or inactions.

Cultural redress - provides claimant groups with a mixture of mechanisms that aim to:

o Safeguard the claimant group’s rights and access to customary food-gathering sources.

o Provide opportunities for input into the management or control or ownership of sites, areas or customary resources with which the claimant group has traditional and cultural associations. The sites or areas are all on crowned-owned land.

o Crown-owned land. o Provide opportunities for developing future relationships with

government agencies and departments in areas of importance to the claimant group.

o Facilitate the development of future relationships with other agencies, such as local bodies, that play significant roles in the area to which the claimant group has traditional and cultural associations.

Financial and commercial redress - This is made up of an overall quantum or value in dollar terms that the Crown offers the claimant group in settlement of their historical claims against the Crown. The quantum is taken by the claimant group in the form of cash or Crown-owned property or some combination of the two. For example, from a total quantum of $10 million, a claimant group may receive $2 million in cash and the remainder in Crown-owned property.





Slide 77, Continued

Key elements of a settlement

Factors taken into account by the Crown when determining quantum offers include:

o The nature and scale of the breaches of the Treaty of Waitangi

o The amount of land lost by the claimant group o Other settlement benchmarks for comparable grievanceso The combination of cash and property is a matter for the

claimant group, but also depends on the extent of the Crown’s property holdings in the area relevant to the claimant group.

The claimant group may also receive as part of the financial and commercial redress package a Right of First Refusal to purchase certain Crown-owned property within a specified geographic area. This RFR usually lasts for a specific time-period.

Deed of Settlement

The settlement is expressed in detail in a document known as a Deed of Settlement. The Deed must be ratified by the wider claimant community before it can be signed by both the Crown and the claimant group. Legislation is usually required to fully implement the Deed of Settlement.





Slide 78 Local Government and Settlements





Local Govt and settlements

Before mid-2000s, local authorities had little involvement in Treaty settlements (beyond the Te Arawa Lakes and Lake Taupo), and they mostly involved Crown land.

However, many of the more recent claims have involved natural resources, such as water, which has meant that local authorities need to have an increased role in the settlement process.

Regional government gave these messages to the Government:

o The constitutional role of local government is significant – settlement legislation must be compatible with the LGA and RMA

o Local authorities make decisions on behalf of communities. Settlement legislation should not marginalise the important role of local decision making. Settlements should not leave room for uncertainty or ambiguity

o The meaning of co-management must be clear and compatible with the role of local government

o Local government needs an advisory voice in the settlement process – to reflect issues of relevance to local government, such as cost

The right of local authorities to make the final decisions on natural resource management was confirmed by Cabinet in 2010.

Two key principles were endorsed:

o that final decision-making should remain with local authorities o that local authorities must be engaged in the negotiation

process from an early stage.



Session Four: Contemporary Māori Organisations, Continued

Early changes post colonialisation

Māori - The term ‘Māori’ first came into use in New Zealand in the 1820’s. The adoption of this term signalled the very beginnings of a gradual process of de-tribalisation in most parts of the country that culminated in the drift of most Māori to urban areas in the 1950’s and 60’s. It means ‘normal’ or ‘ordinary’.

Iwi began to replace hapū as the main political body.

The Crown preferred to deal with fewer bodies (iwi), rather than numerous hapū.

Set up of tribal trust boards post 1945 – to settle historical Māori grievances.

Today most Māori tribal organisations are formed at an iwi rather than hapū level. Usually they are legally constituted tribal trust boards and rūnanga.

Effects of urbanisation - In 1936, 83% of Māori lived in rural areas and 17% lived in urban areas. By 1945 it was 26%; by 1966, 62%; and by 1986, 80%. Most urban migrants were young single Māori escaping landlessness, poverty and a lack of opportunity.

Winds of change

The 1970’s saw a resurgence of Māori language and culture, a refocus on tribal structures within a relationship with the Crown referencing the Treaty of Waitangi.

The establishment of the Waitangi Tribunal in 1975 signalled a fundamental institutional response by the Crown that set a course for the Crown-Māori relationship for the next four decades.

The 1980’s and 90’s were characterised by a ‘re-tribalisation’ and a proliferation of iwi and Māori organisations around:

o The mainstreaming of the Department of Māori Affairs and an attempt at devolution of government services to iwi Rūnanga (under the Rūnanga Iwi Act 1990 – now repealed) or tribal authorities

o the ‘pan-tribal’ Māori Fisheries settlemento the first major historical settlements with Waikato-Tainui in the

North Island and Ngāi Tahu in the South Island.





Māori Fisheries Settlement

The Māori Fisheries settlement in 1992 led to the decision in 1995 by Te Ohu Kaimoana (the Commission set up to hold Māori fisheries assets in trust until allocation to representative iwi organisations) to embark on a project of ‘iwi identification’ to confirm ‘iwi status’ for fisheries allocation purposes.

For the purpose of receiving fisheries assets under that settlement, an iwi must be able to show that it had the following characteristics:

o shared descent from tipuna, hapū, maraeo a rohe / takiwāo an existence traditionally acknowledged by other iwi.





Urban Māori A major challenge to the traditional governance frameworks has

been the increase in the number of urban Māori; Māori who migrated to cities for employment and who no longer have ready access to their whānau and hapü, and their marae.

Groups of urban Māori can be classified as follows:

o ‘Taura-here’ and ‘mataawaka’ are terms used to describe an urban or dislocated segment of an iwi that operate as a hapū and who retain affiliation to their iwi. The key factor of a taura-here group is that all members are connected by whakapapa

o Urban Māori Authorities – these differ from taura-here in that whakapapa does not define them. Urban Māori Authorities are pan-tribal and are not waka or iwi based. Their purpose is to address the needs of the urban members rather than any specific relationship with Māori history other than their being tangata whenua.

The urban Māori authorities have been established by Māori in various urban centres to foster the economic, social and community development of urban Māori and have established relationships with central government and local bodies. Many are active in education, commercial ventures, health, pre-employment and other social services.

In 1994, Te Whānau o Waipareira Trust made a claim to the Waitangi Tribunal for recognition as a legitimate representative of urban Māori. Subsequent law changes recognise the Trust as a social service provider to Māori. The urban Māori authorities also successfully challenged the proposed allocation model for the Māori Fisheries settlement of 1992 and secured benefits from that settlement as a consequence.

Other Urban Māori Authorities include:

o Manukau Urban Māori Authority (South Auckland)o Te Rūnanga o Kirikiriroa Trust (Hamilton)o Te Rūnanga o Nga Maata Waka (Christchurch)o Te Roopu Awhina ki Porirua Trust (Wellington.

In 2003 a National Urban Māori Authority (NUMA) was formed as a national body for city-dwelling Māori. Its members are the authorities referred to above. NUMA was established for the strategic co-ordination of NUMA affiliates by bringing them together as a national collective.





Slide 100Māori Trust Boards

Historically, direct access to government funding for iwi organisations required formation of a Māori Trust Board, based on tribal boundaries. Board members were hapü representatives. Each Board had a chairperson who reported to the Minister of Māori Affairs. Examples are the Tainui and Te Arawa Māori Trust Boards.

Their primary purpose was to administer monies from the Crown for unjustly confiscated land or promises not honoured, for the general benefit of the beneficiaries.

Slide 101Rūnanga

Means “council” or “assembly”.

Provided Government formal recognition of iwi structure (Rūnanga Iwi Act 1990).

Set up in late 80’s as corporate bodies to provide social services.

Used to devolve responsibilities to iwi – to enable Māori to use more traditional structures to deliver services.

Most common tribal entity.

Slide 102The Māori Trustee

Māori Trustee Act 1953, Te Ture Whenua Māori Act 1993.

Independent Trustee managing land and assets fairly for all beneficial owners.

Carries out administration and compliance functions for Māori land owners.





Slide 103Māori Land Trusts and Incorporations

The Māori Land Court can constitute a Māori incorporation over one or more blocks of Māori freehold land provided that at least one of the blocks has more than two owners. Incorporations constituted under Te Ture Whenua Māori Act 1993 have power to do everything a body corporate can do.

The capacity and powers of Māori incorporations are set out in the order of incorporation, constitution and the Te Ture Whenua Māori Act 1993.

Slide 104Iwi authorities

Associated with mandate for Treaty Claims - once mandated, formally recognised by the Crown.

Represents an iwi.

RMA: the authority which represents an iwi (for the purposes of the RMA 1991) and which is recognised by that iwi as having authority to do so.

This does not specifically imply formal Crown recognition of that group as an iwi.





Slide 105Post settlement contemporary entities

Treaty of Waitangi settlement processes are driving changes to the governance and organisational structures of Māori organisations.

Māori Trust Boards are being replaced with Māori organisations accountable to the registered beneficiaries of the organisations.

Critical of both the Crown’s pre-requisite settlement criteria around governance frameworks for Māori claimants, and the settlement.

These are called Post Settlement Governance Entities and are organisations that represent the interests of the members of the iwi.

Organisations typically have a board structure, with a Chair, as well as a corporate structure, headed by a Chief Executive Officer.

Examples include:

o Te Rūnanga o Ngāi Tahuo Waikato Raupatu Lands Trust and Waikato Raupatu Rivers

Trusto Te Arawa Lakes Trust.





Slide 106 Te Rūnanga o Ngāi Tahu organisational structure

Te Rūnanga Representatives

Ngāi Tahu has developed a unique organisational structure to reflect the legislation that established it, so that it can act and speak as a single entity.





Slide 107National Māori organisations

New Zealand Māori Council

Established under the Māori Welfare Act 1962.

Reflected a shift away from ‘tribally’ based imperatives of previous Māori Affairs statutes to reflect current society.

One of the roles of the NZMC is to:

“....promote, encourage and assist Māori in social, economic and cultural endeavours, [and to] promote harmonious and friendly relations between Māori and Pākehā and other races within the community”.

Federation of Māori Authorities (FOMA)

Voluntary, subscription-based organisation established in 1985 to foster and promote the development, effective management and economic advancement of Māori authorities, and to raise living standards for Māori.

Has become a national network of Māori businesses, representing a nationwide membership of 150 Māori Trust Boards, iwi settlement bodies and Māori land entities.

Provides business development services, including asset governance and management training, to its members.

Has a strong advocacy role in supporting other national Māori organisations in endeavours on behalf of Māori more generally.

Māori Women’s Welfare League

Established by the government in 1951, with a purpose of “united Māori women in the common objective of home craft and mother craft and the general welfare of the Māori Mother and Child”. Foundation president was Dame Whina Cooper.

Official aims are "To promote fellowship and understanding between Māori and European women and to cooperate with other women's organizations, Departments of State, and local bodies for the furtherance of these objects.”.

A significant player in making Te Reo Māori an official language.

Wider remit today.

What they are doing, how they are doing it and how they can best support one another.





Slide 107, Continued

National Māori Organisations

Iwi Chairs Forum

First convened in 2005. All iwi chairpersons have an open invitation to participate in, and contribute to, this group.

Has hui four times a year to discuss and enable Māori aspirations in the spheres of cultural, social, economic, environmental and political development.

Primary focus is for participants to educate one another about what they are doing, how they are doing it and how they can best support one another.

Regularly invites Crown representatives, Members of Parliament and stakeholder and community groups to present at hui on projects and issues that concern iwi.

Iwi Leaders Groups

Established on particular kaupapa to engage directly with iwi, hapū and Government.

Host regional hui as required, and report to the Iwi Chairs Forum at their quarterly hui. Current kaupapa includes:

o Freshwatero Climate changeo Whanau orao Constitutiono National hauora coalitiono Maataurangao Housingo Iwi collectiveo Foreign charter vessels




Slide 121Spectrum of engagement

There is a spectrum of consultation ranging from informing to empowering. Different issues may require levels of engagement but engaging should always be more than just informing.

Whakamōhio – inform: we will keep you informed of what is happening.

Whakauiui – consult: we will listen to you and make our decisions.

Whakarau – involve: we will involve you in the decision-making process. We will ultimately decide.

Mahi ngātahi – collaborate: we will discuss and decide together.

Whakamana – empower: Māori will decide. Māori may choose to discuss with us.




Slide 110Mandate

A mandate for Treaty settlements is where the Claimant group gives authority – a “mandate” – to a representative body or individuals (mandated representatives) to negotiate the terms of the settlement agreement with the Crown.

Mandate is also increasingly becoming an issue before the Waitangi Tribunal. Since not all claimants can present their claims these days, the question of who has speaking rights becomes more important.

It can be challenging to determine which iwi authority, group representing hapū for the purposes of the RMA, or other tangata whenua group to consult. This is particularly so where a number of groups overlap in interests in a particular locality within a district or region.

The Environment Court has established a set of principles to consider when dealing with mandate issues between different tangata whenua groups. These principles may also apply to individuals within iwi authorities or tangata whenua groups.

When an iwi or hapū has a formal management body, such as a trust board, a marae committee, or something similar, it is entirely appropriate that an applicant and a local authority should consult that body as the iwi / hapū representative.

Unless there is some extraordinary factor plainly signalling that the processes of that body are dysfunctional and cannot be relied upon, the responses given by it should be accepted as authoritatively speaking for the iwi or hapū.

It is human nature that, in any organisation, there will be dissenting views which remain after the decision-making processes have concluded. That can be so even where, as is the custom for Māori organisations, the objective is consensus rather than a majority decision.

The fact that individuals express dissent with an announced decision does not mean that the applicant or local authority, or the Court, cannot rely upon the decision announced by those whose positions appear to entitle them to announce it.

The internal processes of such bodies are for the members of them to control and resolve. Outsiders have no ability to do so and no business in trying to do so.




Slide 110, Continued

Mandate

Unless bodies such as councils or the courts can rely upon the apparent authority of office holders to speak for an organisation, no agreement could be relied upon unless there was a referendum of every member of that organisation. That is obviously completely unworkable and unreasonable.

If there is a serious issue within a Māori organisation, or between Māori organisations, as to who holds mana whenua or who has the right to express an authoritative view, the Māori Land Court is the appropriate tribunal to resolve it.



Session Five: Effectively engaging with Māori, Continued

Slides 124-125, Continued

Tools and techniques

Tool Benefits Limitations

Stakeholder meeting

Provides opportunity to speak

Limits dialogue

May not be representative of Māori community

Many dislike public speaking

Marae hui Provides opportunity for Māori to speak in place they familiar with

Usually preferred method of communication for Māori

Potential to be dominated by vocal minority

Māori committee

Councillors informed of engagement

Assist and support Council to engage with Māori and consider Māori issues

Location and timing of meetings may be problematic/limit attendance

Consultation with committee does not replace wider engagement with Māori

Māori advisory committee

Provides detailed analysis of specific issues/projects

Participants gain greater understanding of issues and perspectives

Recommendations of committee may not be supported

Members may not achieve consensus

Time and labour intensive




Session Five: Effectively engaging with Māori, Continued

Slides 124-125, Continued

Tools and techniques

Tool Benefits Limitations

Working parties

Provides constructive, focused opportunity for involvement

Allows for shared understanding of different perspectives

Members may not achieve consensus

Time and labour intensive

Co-management

Helps build capacity and capability

Promotes effective relationships

Requires sufficient capacity and capability to be effective

Can be time and labour intensive

Co-governance

Helps build capacity and capability

Promotes effective relationships

Requires sufficient capacity and capability to be effective

On-going costs for iwi

Section 33 transfer of powers

A vehicle for iwi to exercise tino ranagatiratanga

Requires special consultative procedure

Can be revoked at any time

On-going costs for iwi



Appendix A: Glossary: Understanding Key Māori Words

Ariki Leader – traditionally the first-born descendant of a line of first-born sons, and in practice the man of senior descent, normally in the male line.

Hapū The traditional most significant political unit, consisting of a number of whanau.

Iwi The traditional largest political grouping, usually consisting of several related hapū

Iwi authorities the authority which represents an iwi (for the purposes of the RMA 1991) and which is recognised by that iwi as having authority to do so

Karanga karanga is the first voice to be heard in powhiri. The karanga is traditionally carried out by a female elder. The caller for the Tangata Whenua holds the title of kai karanga and is the first to call.

Kaitiakitanga the intergenerational responsibility inherited at birth to care for the environment, which is passed down from generation to generation The exercise of guardianship by the tangata whenua (local Māori people) of an area in accordance with tikanga Māori (custom) in relation to natural and physical resources; and includes the ethic of stewardship (RMA)

Kaumatua EldersKawa these are ritual or ceremonial actions or protocols which guide the way

that Māori life is ordered.Mana prestige, authority, control, power, influence, status, spiritual power,

charismaManākitanga describes or manifests, in a Māori sense, more of a broader cultural

concept around reciprocity of kindness, respect and humanity. Maōri means “normal” or “ordinary”. Generic term Marae traditionally the space in front of the wharenui where ceremonies such

as weddings, tangi, tribunal reunions, etc., were conducted. It was the area of greatest mana, the place of greatest spirituality, and was the turangawaewae of the Māori. Nowadays, it encompasses the whole complex.

Mātauranga Māori

Māori knowledge’ - the body of knowledge originating from Māori ancestors, including the Māori world view and perspectives, Māori creativity and cultural practices

Mauri is the binding force between spiritual and physical; when mauri is extinguished, death results. Mauri is the life force, passed down in the genealogy through the atua to provide life. Everything has mauri: people, animals, plants.

Poroporaki Farewell, farewell ceremonyPowhiri a ceremony which is most commonly associated with welcoming of

visitors to a marae. However, it is also becoming commonplace for many hui (meetings), openings and other proceedings to include a pōwhiri.




Appendix A: Glossary: Understanding Key Māori Words, Continued

Rangatira traditional “gentry” or chiefsRangatiratanga

political sovereignty, chieftainship, leaderships and self-determination

Rohe or takiwa

the tribal boundaries of iwi and hapū as established through whakapapa and historical occupation

Rūnanga Tribal authorities – means “council” or “assembly”Tangata whenua

meaning people and land and often translated as meaning ‘people of the land’. In relation to a particular area, means the iwi (tribe), or hapū (family group), that holds mana whenua (customary authority).

Taonga is sometimes loosely translated to mean ‘treasures’. Tāonga include tangible and intangible, animate and inanimate objects, such as waiata, ideas, literature, traditional skills and knowledge handed down (tāonga tuku iho)

Taura-here or mataawaka

terms used to describe an urban or dislocated segment of an iwi that operate as a hapü and who retain affiliation to their iwi. The key factor of a taura-here group is that all members are connected by whakapapa.

Te Ao Māori The Māori “world view”, recognising there is no one world viewTikanga this includes Māori customs, rules and methods and when applied to

an action is the right way of doing something. Tikanga is the set of beliefs, practices and procedures to be followed and are established through precedents over time.

Urban Māori authorities

Urban Mäori Authorities are pan-tribal and are not waka or iwi based. Their purpose is to address the needs of the urban members rather than any specific relationship with Māori history other than their being tangata whenua.

Wāhi tapu a literal translation of ‘wāhi tapu’ is ‘sacred place’, but is also refers to ‘restricted places’, a place where restrictions (tapu) apply.

Waiata SongWaka CanoeWhakapapa genealogical descent of all living things from the gods to the present

timeWhanau An extended family - comprised the elders, the pākeke (senior adults

such as parents, uncles and aunts), and the sons and daughters together with their spouses and children

Whenua means land but also means placenta/afterbirth (and ‘pito’, umbilical cord)


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