Joint-management agreements in New Zealand: Simply empty promises?

Journal of South Pacific Law

Volumn 13, Issue 1, 2009, Pages 32-39

  Coates, Natalie ^a  

^a UNIVERSITY OF OTAGO   (New Zealand)

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[No Author keywords available]

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EID: 77953894923     PISSN: 16845307     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (52)

1. RM , section 8
2. RMA, section 5
3. RMA, section 7
4. RMA, section 6
5. Resource Management Amendment Act 2005 (NZ)
6. RMA, section 36B
7. RMA, section 2
8. See discussion in T Taiepa 'Māori Participation in Environmental Planning: Institutional Reform and Collaborative Management' (1999) 5(1) He Pūkenga Kōrero, Koanga 34
9. RMA, section 36B(1)(c)
10. RMA, section 36B(1)(b)(ii)
11. Gail Tipa Indigenous Communities and the Co-management of Natural Resources: the Case of New Zealand Freshwater Management (PhD thesis, University of Otago, 2003) 124
12. Diane Crengle, Taking Account the Principles of the Treaty of Waitangi - Ideas for the Implementation of Section 8 of the Resource Management Act 1991 (2003)
13. RMA, section 36E
14. Dr Berkes is a Professor at the Natural Resources Institute at the University of Manitoba
15. Co-Management: The Evolution in Theory and Practice of the Joint Administration of Living Resources
16. For the purposes of this paper co-management and joint management can be used interchangeably and both signify an agreement between two or more parties
17. Diane Crengle, above n 12, 17
18. See H Rennie, J Thompson and T Tutua-Nathan, Factors Facilitating and Inhibiting Section 33 Transfers to Iwi (2000)
19. Diane Crengle, above n 12, 44
20. Linda Te Aho, 'Contemporary Issues in Māori Law and Society' (2005) 13 Waikato Law Review http://www.waikato.ac.nz/law/wlr/2005/wlr_2005_teAho.pdf (Accessed 1st October, 2008).
21. This statement is based on the decision made in Hauraki Māori Trust Board v Waikato RC (2004) 9 NZED 374, that held that it is beyond the jurisdiction of the Environment Court to direct that a local authority must transfer its powers under section 33 of the RMA. This reasoning is also likely to apply to joint management agreements.
22. This is a point that was recognised by Rennie et al (above n 17) in their discussion on section 33 transfers to iwi. They indicated that unless councils see it in their own interest to initiate transfers to iwi, it is improbable that these transfers will occur.
23. See also H Rennie, J Thompson and T Tutua-Nathan, 'Towards Transferring RMA Powers, Functions and Duties to Iwi: A Case Study with Ngāti Awa' (Unpublished report commissioned by the Minister for the Environment's Sustainable Management Fund, 2000)
24. Diane Crengle, above n 12
25. This was also a point addressed by A Castro and E Neilson 'Indigenous people and co-management: implications for conflict management' (2001) 4(4-5) Environmental Science & Policy 229
26. Note that whether such conflicts can actually occur within joint management agreements is dependent on the interpretation of 'relevant community of interest'. If for example 'relevant community of interest' is interpreted as requiring an iwi to represent all those with an interest in the resource, then conflicts of interest will clearly not arise.
27. RMA, section s36D
28. This is stated by the Controller and Auditor General, 'Guidance for members of local authorities about the law on conflicts of interest' (2007) http://www.oag.govt.nz/2007/csonflicts-members/part1.htm (Accessed 6 October 2008).
29. Diane Crengle, above n 12, 43
30. Riverside Casino Ltd v Moxon [2001] 2 NZLR 78
31. Note that this argument is made in regards to section 33 transfers by Robert Joseph, 'Māori Values and Tikanga Consultation under the RMA 1991 and the Local Government Bill - Possible Ways Forward' (Paper presented at the Inaugural Maori Legal Forum Conference, Te Papa Tongarewa, Wellington, 9 - 10 October 2002) http://lianz.waikato.ac.nz/PAPERS/Rob/2002TePapa2.pdf (Accessed 6 October, 2008).
32. See, for example, Watercare Services Ltd v Minhinnick [1998] NZRMA 113
33. [1996] NZRMA 77
34. For example see the criticisms that the Waitangi Tribunal in the Whanganui River Report directs at the RMA
35. Todd Taiepa 'Collaborative Management: Enhancing Māori Participation in the Management of Natural Resource' (1999) 4(2) He Pūkenga Kōrero Ngāhuru 31
36. Orakei Act 1991 (NZ)
37. The former Chairperson of the Orākei Reserves Board
38. H Rennie, J Thompson and T Tutua-Nathan, above n 17
39. See the second reading of the Resource Management & Electricity Legislation Amendment Bill by Hon David Benson Pope (Associate Minister for the Environment) (2005) 627 NZPD 22272
40. These characteristics are in addition to the fact that the Treaty settlement process that such agreements emerged from arose after a politically charged and long debate about what the Treaty, New Zealand's founding document, meant and how to deal with promises contained therein and historical breaches of promises
41. See for example see the Ngāti Tūwharetoa (Bay of Plenty) Claims Settlement Act 2005, the Te Arawa Lakes Settlement Act 2006 and the Ngai Tahu (Tutaepatu Lagoon Vesting) Act 1998
42. For example in the Ngati Tahu (Tutaepatu Lagoon Vesting) Act 1998 a former wildlife reserve was vested in Ngai Tahu for management purposes
43. An example of this is the co-management agreement that exists between the Hutt City Council and Te Runanganui o Taranaki Whānui ki Te Upoko o te Ika a Maui that concerns Te Whiti Park. This park is administered under the Reserves Act 1977.
44. For example the Taharoa Domain Committee which is made up of representatives of Kaipara District Council in partnership with tangata whenua representatives from Te Roria and Te Kuihi. This committee establishes long term outcomes and actions for the Taharoa Domain, which is made up of Crown land that has been set aside as a recreation reserve.
45. Memorandum of Understanding: Rotorua Lakes Restoration http://www.ebop.govt.nz/media/pdf/Rotorua-Memorandum-of-understanding.pdf (Accessed 6 October, 2008).
46. The text of the Agreement can be found at http://www.taupodc.govt.nz/Documents/Policy/Tuwharetoa%20Council%20Joint%20Management%20Agreement/Joint%20Management%20Agreement.pdf (Accessed 20 September 2009).
47. See Statistics New Zealand 2006 census figures, available at http://search.stats.govt.nz/nav/ct2/population_censuscounts/ct1/population/0 (Accessed 10 October 2009).
48. See Taupo District Council, 'Towards 2019: Community outcomes and monitoring' http://www.taupodc.govt.nz/Documents/Policy/LTCCP%202009%20to%202019%20Towards%202019/Vol%201%20Community%20Outcomes%20and%20monitoring.pdf (Accessed 6 October 2009).
49. See FAO, 'In search of excellence: exemplary forest management in Asia and the Pacific' http://www.fao.org/docrep/007/ae542e/ae542e07.htm (Accessed 10 October 2009).
50. The definitions part of the Agreement defines Māori land as 'land which is subject to the Te Ture Whenua Act 1993 and land that is registered at the Māori Land Court.' Multiply owned Māori land is defined as being 'where there are 3 or more owners of Māori Land.'
51. There is also a provision in the agreement requiring all parties to declare potential conflicts of interest, which helps to limit concerns about bias