The feedback period concerning the Deed of Acknowledgment with Te Kawerau ā Maki has now finished and the results should be made public in the near future.
The discussion was somewhat skewered by a debate in the media about what it was not.
Two senior cabinet ministers chose to criticise the proposal on the basis that it involved ceding co-governance to local iwi.
One went as far as to suggest a change to the Waitakere Ranges Heritage Area Act 2008 was needed, even though this is a local act and subject to special considerations and even though he voted for the Act including the deed proposal when it was passed.
Newstalk ZB also became involved and talkback radio burned brightly for a couple of days with people complaining about the measure.
It is helpful to understand what the proposal is, and what it is not.
Firstly the deed does not affect private land.
Formation of the deed is a statutory provision that has been part of the Waitakere Ranges Heritage Act since it was passed in 2008.
It requires Council to “identify opportunities for contribution by tangata whenua to the management of the land concerned by the Crown or the Council”.
Council’s proposal for allowing this contribution is for the establishment of a joint committee of Te Kawerau ā Maki representatives and Council and other representatives.
The consultation report states “[t]o implement the strategic plan, work programmes and joint monitoring, it is proposed that a joint committee be established. The Local Government Act 2002 allows Auckland Council to appoint a joint committee with another public body (in this case, the Department of Conservation) and others with relevant skills/attributes (in this case, tangata whenua).”
Is it co-governance? The short answer is no.
The difficulty with this debate is that co-governance is often confused with the giving of Iwi the slightest say in any way that natural resources are managed.
The proposal is quite modest. It is for the establishment of a Council subcommittee. Council will retain ultimate control. And budgeting decisions, where the true power lies, will continue to be made by Council as a whole.
For those upset about the perception that Te Kawerau ā Maki is receiving some form of “privilege” can I ask them to research Te Kawerau ā Maki’s treaty settlement and the history of the Waitakere Ranges?
Part of the claim involved the sale of the Hikurangi Block in 1853. This is a vast stretch of land which encompassed most of West Auckland.
It was Te Kawerau ā Maki land. It was purchased by then sold by the Crown without even asking Te Kawerau ā Maki for permission. And actions taken by the Crown to compensate when it discovered what had happened were hopelessly inadequate.
Article 2 of the Treaty of Waitangi contains a promise by the Crown to protect iwi rights over their lands, forests and other things of importance to them.
To allow Te Kawerau a Maki to have a say about the management of publicly owned land, land which was taken from them in breach of the Treaty, and over which they have a long standing historical interest in is in my view a very modest proposal that should be supported.
Leave a Reply