The planning framework for Maori land : a thesis presented in partial fulfilment of the requirements for the degree of Master of Resource and Environmental Planning at Massey University

Abstract

The thesis examines the relationship between Maori land and the resource management planning framework within New Zealand, within an analytical framework of the Treaty of Waitangi and contemporary indigenous collaborative management regimes. Maori land is a unique class of land in New Zealand, representing the remains of tribal lands still in Maori ownership. Maori traditional forms of resource management were integrally linked with tenure and the allocation of use-rights, but legislation and practices introduced following the signing of the Treaty of Waitangi transformed the tenure system and gave no recognition to Maori resource management practices. Maori land and Maori needs were virtually ignored by planning legislation while the Maori Land Court carried out a central role in planning decisions relating to Maori land. From 1977, planning law gave some recognition of Maori values, which over time influenced the development of district scheme provisions relating to the use of Maori land. The 1991 Resource Management Act gave Maori issues greater prominence, but when translated into district plan provisions failed to give Maori any significant role in resource management on their own land. Contemporary Maori concerns about the planning framework include its lack of recognition of Maori as a legitimate resource authority, the lack of incorporation of the principles of the Treaty of Waitangi, and the failure to give any real effect to the concept of rangatiratanga. The Waitangi Tribunal has also identified shortcomings of the current planning framework in terms of the principles of the Treaty. These findings, together with current trends such as the development of iwi/hapu management plans; the growth of parallel services for Maori in education and health; and the increasing international recognition of indigenous land and resource management rights, challenge the current planning regime as it relates to Maori land.

Contemporary planning needs to recognise its basis in a dual heritage by reshaping its institutions and laws so as to accommodate the co-existence of an indigenous planning system. It is suggested that this be by way of collaborative management agreements whereby resource management planning responsibilities for Maori land are largely devolved to iwi within a framework delineating national requirements for sustainable management.