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Regional | Te Tiriti o Waitangi

Council steps up Treaty duties despite Act challenge

Councillors and iwi reps broke into small groups to give feedback on the draft Tiriti framework. Photo: LDR.

New Plymouth councillors have begun fusing their Treaty of Waitangi obligations into long-term planning for the district – in spite of an ACT party councillor saying the move isn’t democratic.

A review by Buddle Finlay found the New Plymouth District Council should do more to meet its Treaty obligations under the Local Government Act and the Resource Management Act.

Despite an overall “very positive” impression, the review found the council could do much more to strengthen relationships with iwi and hapū and “achieve genuine partnership in a way that respects and upholds Te Tiriti obligations.”

In response, NPDC has drafted a Tiriti Outcomes Framework so mana whenua can have input into the district’s Long-Term Plan – the key process where the council decides how to spend its money.

A discussion document says the Tiriti framework would “help align NPDC services, infrastructure and decision-making with iwi and hapū aspirations where possible.”

“Given its statutory purpose to promote community wellbeing, NPDC sees investment in iwi and hapū wellbeing as a beneficial to the whole district,” the document says.

Twelve iwi and hapū were consulted, and much of the framework was based on their own strategic and environmental plans, as well as mana whenua input into recent council policies.

On Thursday, 11 of New Plymouth’s 15 councillors took part in a workshop on the framework, mostly praising it as a way forward.

ACT party councillor Damon Fox sounded a caution.

“I think there’s been a pretty strong sentiment from the community against co-governance, co-management, so I think there’s a discrepancy there.

“This perhaps leans one way, and the democratic will of the majority leans another way.”

Fox posted on social media that the Tiriti framework was an entrenched agenda bringing more unelected power over council decision-making and directing ratepayer money to “race-based priorities”.

Councillor Kerry Vossler asked if a Crown representative would take part so councillors could hear “both sides” of the argument.

Officers advised council was part of the Crown as its powers and obligations flow from central government.

Councillor Gordon Brown co-chairs Te Huinga Taumatua, the iwi liaison committee that hosted the workshop and is delegated with approving the framework.

“We are feeding into a long-term plan for a pathway – a formal pathway – for iwi and hapu to have access to that plan,” Brown said.

“To those who have reservations about co-governance … every decision will be made by the full council,”

Taranaki iwi’s committee representative Jacqui King said she was saddened by some councillors’ views that presented a “fundamental problem” to progress.

“I was concerned this morning by some comments … from councillors that they don’t consider tangata whenua, mana whenua, are Treaty partners.”

“You’ve just had an independent expert report advising you of your obligations, which include our role as your partner in local government.”

Councillor Dinnie Moeahu said the Treaty framework was meeting “statutory obligations that council must have with regard to Māori.”

“It’s actually about educating not just our community but also elected members with regard to the why – why we are doing this?”

Councillor Te Waka McLeod said the council couldn’t achieve its ambitions without knowing the history of the district.

“If we were educated from the experts in our iwi and hapū spaces around what happened historically, [that] would better inform us as decision makers that sit around this table.”

Councillors’ views from the workshop will be part of a report to Te Huinga Taumatua next month.

The committee will then decide whether to approve Te Tiriti Outcomes Framework to help shape NPDC’s long-term plan out to 2037.

LDR is local democracy journalism funded by RNZ and NZ on Air

Local Democracy Reporting is Public Interest Journalism funded through NZ On Air

Local Democracy Reporting