Participation of Māori in the Decision-making Process

Although the Treaty of Waitangi is between Māori and the Crown, the Local Government Act 2002 (LGA) imposes certain obligations on local government to reflect those Treaty obligations. Section 81 of the LGA requires all local authorities to develop ways that it can involve local Māori in the Council decision-making process. Council values the contribution Māori make to Council decision-making. We are committed to giving effect to the principles and intent of the Treaty of Waitangi and to engaging in genuine and appropriate consultation with Māori, taking into account the principles of the LGA provisions and recognising the special relationship between and with Māori, their culture, tikanga, land and taonga. The LGA requires all Councils to take specific actions with regard to Māori.

The relevant sections of the Act are as follows:

In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes.

Section 14(1)(d) reads:

In performing its role, a local authority must act in accordance with the principle that a local authority should provide opportunities for Māori to contribute to its decision-making processes.

Section 77(1)(c) reads:

A local authority must in the course of the decision-making process, - …if any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna and other taonga.

Section 81(1) requires that a local authority must:

(a) Establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and

(b) Consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority; and

(c) Provide relevant information to Māori for the purposes of paragraphs (a) and (b)

Section 82(2) states:

A local authority must ensure that it has in place processes for consulting with Māori in accordance with subsection (1).

Council-led initiatives

To address these requirements, Council will pursue the following initiatives:

• Work together with Māori organisations and individuals, to identify citizens who are considered to be Māori with an interest in the community in accordance with the requirements of Section 81(1) of the Act. This includes all Māori, regardless of tribal affiliation, who reside in the district, who own land within the district or who have a recognised cultural affiliation with the district. This will also include Māori organisations that are directly involved in the interests of local Māori.
• Meet with representatives of Te Runanga o Waihao at least once a year, to discuss current issues and the progress of the Long Term Plan. These meetings are in addition to other contact as part of the consultation process.
• Provide meetings, on request, to explain current issues and proposals for consultation specifically for Māori groups, whenever practical considerations permit. These meetings can be, by request, limited to specific Māori group participation.
• Continue to involve tangata whenua in all relevant deliberations with regard to the application of the Resource Management Act. The Council will adhere to the basic principle that all its citizens are of equal importance in the community and are all part of that community. Accordingly, it will always strive to ensure that the interests of all its Māori citizens are fully addressed and considered in all decision-making processes and recognises the special need to ensure the capacity of Māori to play a full part in the decision-making process.