“The lack of coherence indicates that specific legislation is needed to fully recognise Te Rohe Pōtae Māori tino rangatiratanga. In failing to do so, the Crown is acting inconsistently with the principles of the Treaty of Waitangi, namely the principles of partnership, rangatiratanga, and equity and has breached its duty of active protection of Te Rohe Pōtae tino rangatiratanga.”
“The Crown is obliged to ensure that local authorities reflect Treaty principles. We find, in particular, that sections 19ZA to 19ZG of the Local Electoral Act 2001, which allows for polls of electors to decide on whether Māori wards or Māori constituencies can be established, are inconsistent with the principles of the Treaty and breach Te Rohe Pōtae Māori tino rangatiratanga.”
In our view, having to rely on the discretion of the local authority and good-will of the community is another breach of the principle of partnership. “We recognise that some local authorities in the district have taken steps to improve Māori representation and participation in local government decisions, but these are largely dependent on the ‘good-will’ of the local authority and local community. In some cases, such as section 33 of the Resource Management Act, while offering Māori the means to exercise their authority to manage natural resources, local authorities have discretion whether to agree or not they are not obliged to transfer any power to iwi.” “But all the different arrangements and opportunities are ad-hoc and the various legislation that provide for these opportunities lack coherence. Chapter 19: He Kaunihera he Rēti, he Whenua ka Riro - Local Government and Rating in Te Rohe Pōtae 19.12 Treaty Analysis and Findings
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