Human Rights Commission

Purpose

This relationship is a forum for mutual decision-making. Beginning in 1994, Te Whakaminenga o Kapiti was one of the first iwi-local government relationships. It is based on core Treaty principles of partnership and active protection as set out in the Resource Management Act 1991.

Background

Ngāti Raukawa, an iwi in the Horowhenua-Manawatū region consisting of 24 hapū, belongs to the tribal Āti Awa, Raukawa and Toa Rangatira (ART) Confederation. Raukawa is a member of the Whakaminenga partnership between ART and the Council because its five southern hapū live within the boundary of the Kapiti Coast District Council (KCDC) area in Ōtaki.

Roles

The Council resources both the consultation and the decision-making meetings while Ngāti Raukawa provides information and makes sure the people of the iwi are included. Both iwi and council are responsible for bringing issues of significance to Māori to the table and for working out ways the parties can work together effectively.

What happens

The Council formally recognises ART as mana whenua, and each iwi rūnanga represents their views to the Council. Te Whakaminenga consists of two members from each iwi and two representatives from the Council, including the mayor and a councillor. It is a relationship at governance level with decisions made by consensus and a regular system of meetings and joint activities.

Each iwi asserts mana whenua by dealing with the issues within their own rohe, and may also choose to deal with KCDC directly. Raukawa therefore negotiated with KCDC over the council’s proposal to pipe water from the Ōtaki River southwards to the rest of Kapiti. Vigorous protest from local residents was led by the Iwi, and eventually the council accepted Raukawa’s concerns

Te Whakaminenga draws up an annual work plan to identify wāhi tapu while KCDC provides access to Landonline – the Land Information New Zealand (LINZ) resource, and to resource experts. The wāhi tapu are then listed on the District Plan.

The iwi is involved with non-notified resource consents and would like to be involved with notified resource consents as well.

Declaration on the Rights of Indigenous Peoples

This relationship’s basis in the principles of partnership and active protection provides a useful framework for good faith cooperation and consultation, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples. Under Article 19 such consultation should be undertaken in order to obtain the free, prior and informed consent of indigenous people before measures affecting them are adopted. Article 32 contains similar provision for consultation in order to obtain consent before projects affecting indigenous peoples’ lands and resources are approved. Despite some challenging aspects, there is evidence that Te Whakaminenga provides a useful mechanism for advancing these rights.

What’s working well

“We have a very good relationship with KCDC officials now and they come to us for weekly meetings,” explains Te Waari Carkeek, Tūmuaki of Te Rūnanga o Raukawa and Chairperson of Te Whakaminenga. “We can raise concerns at the beginning of the resource consent process, we can identify district plan requirements and we can also support the Council by monitoring developers to see that they follow the process.”

The Raukawa view of Te Whakaminenga is that it is extremely valuable. It gives them better access to IT and resource management people, and council officials are very supportive. Previous concerns about KCDC’s limited understanding of te reo and tikanga have also been addressed. KCDC now employs a Māori Liaison Officer, and a Workforce Development and Cultural Manager who runs training programmes for staff. These practical demonstrations of KCDC’s commitment to iwi Māori have significantly improved the relationship.

Looking ahead

Iwi note that they can be sidelined to deal with solely “Māori issues” and that power ultimately rests with the council. Despite these reservations Raukawa is committed to Te Whakaminenga. “It is the most important communication tool that council has to deal with local issues,” says Te Waari. “Raukawa is also committed to increasing our own capacity; developing ecological and specialist skills for our own resource management units to take us into the future.”

Documentation

The Memorandum of Partnership which reaffirmed the Whakaminenga o Kapiti relationship in 2008.

Information about Ngāti Raukawa

10 July 2009