Waitangi Tribunal report extracts relating to the RMA and Māori-owned land

Interface with Te Ture Whenua Māori Act 1993

Wai 2478: He Kura Whenua ka Rokohanga- Report on Claims about the Reform of Te Ture Whenua Maori Act 1993

“As in 2013 (and in the research and reviews leading up to it), many people raised the issue of barriers to development that had not been addressed by the Crown and that were not the subject of the proposed reforms:

There is a clear view among hui participants that the success of any reforms does not rest on legislation alone but also needs to be backed with access to resources such as fresh water and financial support. At almost every hui we heard significant concerns about landlocked Māori land and the impact of other legislation, particularly the Resource Management Act 1991, the Local Government (Rating) Act 2002, and the Public Works Act 1981.” (p122)

Wai 785: Te Tau Ihu o Te Waka a Maui: Report on Northern South Island Claims

“The Tribunal also highlighted problems with resource and fishery management regimes and recommended changes and improvements to ensure that these regimes were more consistent with the Treaty. The Crown admitted that the Resource Management Act 1991 was not being implemented in a manner that provided fairly for Māori interests. The Tribunal’s report highlighted a number of shortcomings with respect to the current ‘offer-back’ regime under the Public Works Act 1981. It recommended amendments to Te Ture Whenua Māori Act 1993 and the Public Works Act to address these issues.”

Issues impeding multiply-owned Māori lands

Wai 38: Te Roroa Report

“That the Crown resource an advocacy service to represent all Maori with interests in multiply-owned Maori land and provide advice to Maori in relation to resource management and conservation issues”

Remove impediments to Papakāinga across planning legislation including RMA

Wai 903: He Whiritaunoka – The Whanganui Land Report Volume 3

“We recommend that the Crown reviews the Resource Management Act and other planning legislation, policy, and practice, to ensure that Whanganui Māori are not unduly prevented from building houses on, or developing, their own land. It should work with local authorities to ensure that they have proper regard to the importance of Māori being able to maintain their papakāinga. It should also engage with iwi Māori on the kaupapa of regional development, with a view to creating opportunities for people to participate in economic ventures that make it viable for them to occupy their ancestral kāinga”. (P1176)