Honouring Te Tiriti.
The Treaty of Waitangi/Te Tiriti o Waitangi is the foundation of the Māori–Crown partnership. Everybody has a true understanding and yet the basic fundamental elements of the relationship are understood now.
MCC will work alongside iwi and hapū would work with the Crown in developing the country’s future.
The Treaty is typically referenced in legislation, current developments and the opportunities for a partnership approach in achieving the goal of a low-emissions economy.
References to the Treaty or to the principles of the Treaty are found in statutes that govern physical resources and the environment where Māori have strong iwi and hapū relationships, often involving kaitiaki relationships – including land, water, important sites, wāhi tapu and other taonga. Most statutes that contain “Treaty clauses” contain regulatory provisions or confer regulatory powers and responsibilities, and they often create obligations on a range of parties.
A Treaty clause in the legislative framework for a low-emissions economy would be consistent with current practice. It would acknowledge both the importance of the kaitiakitanga role of mana whenua and the stability and longevity of the fundamental constitutional arrangements on which a low-emissions future would be achieved.
The inclusion of Treaty clauses in previous legislation has focused on how the Crown or its agents should “have regard to”, “give recognition to”, “take into account” or “give effect to” the principles of the Treaty of Waitangi. Māori have advocated the Treaty clauses as a means to protect their rights. Many statutes have focused on consultation requirements in satisfying Treaty principles, but often with little specificity or conviction.
A particular example is the current CCRA, which requires under various sections that “the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in” the pre-1990 forest land allocation plan, the fishing allocation plan, regulation-making powers in relation to eligible agricultural activities, regulations relating to unique emissions factors, the gazetting of targets, and regulations relating to targets.