Waitakere Ranges Heritage Bill

There’ll be people North of the Bombay Hills hoping like mad that in terms of consultation with Maori, the Waitakere Ranges Heritage Bill might strike it lucky, this time.



And they won’t all be brown folk either.



The Waitakere Ranges Heritage Bill has particular meaning for the peoples from the ancestral lands of Ngati Whatua Nga Rima o Kaipara, Ngati Whatua o Orakei, Te Kawerau-a-Maki, and from Te Taou.



They come to this Bill, focused on their precious responsibilities as kaitiaki – seeking to protect their ngahere, awa and puna from further degradation.



They seek to have a voice.



Mr Speaker, the stage has been set for how mana whenua are likely to be recognised by the Waitakere City Council; Rodney District Council and the Auckland Regional Council in working with iwi to promote the long-term protection and enhancement of this area and its heritage features.



We too, the Maori Party, came to this Bill looking to see how the interests of mana whenua are to be respected in caring for the Waitakere Ranges and foothills.



And for Ngati Whatua, the importance of the Waitakere Ranges, foothills and coastal areas is of special significance to two takiwa, hapu and marae trusts of Ngati Whatua – and they are Ngati Whatua o Orakei and the five South Kaipara marae represented by Ngati Whatua Nga Rima o Kaipara.



For all these groups, the affected whenua, waimaori and natural resources of taonga tuku iho identified in this Bill, are invested with much ongoing value in Te Rohe o Ngati Whatua.



And so it has been extremely positive to read and hear that the Runanga and individual whanau, marae and hapu within these two takiwa support the Bill, although they recognised that cultural heritage to tangata whenua is much more than what is being currently portrayed in the Bill.



The Runanga’s submission outlines specific and pragmatic recommendations to enhance the Bill, suggesting

that the clause 9 intent to adopt a precautionary approach be strengthened;
that tangata whenua participation in the governance of Watercare Services needs to be included in the criteria;
and that waimaori, as a basis of their historic, cultural and spiritual relationships with Waitakere be included in the Deed of Acknowledgment between mana whenua and the three councils, that is provided for in the Bill.


So far, so good.



In fact, one of the outstanding features of the separate submission from Ngati Whatua Nga Rima o Kaipara Charitable Trust, was their generosity in pointing out that the waimaori allocation and monitoring rights afforded to Watercare Services Ltd not only excluded Ngati Whatua but also deprived Kawerau a Maki of these assumed rights.



It made me reflect again on the words of the Waitangi Tribunal who concluded that the process of settling claims was damaging more relationships than it is improving. They have stated particularly in the case of Tamaki Makaurau, that the process is creating divisions within Maori society and that are very damaging, “Damage to whanaungatanga, to te taura Tangata, is a great wrong: it affects Maori society at its very core”.



In the light of such division and damage; it is important to point out in this Bill, the Waitakere Ranges Heritage Bill, how mana whenua groups are prepared to maintain our time-honoured traditions of valuing the whakapapa connections and preserving whanaungatanga, through their commitment to working together.



But it appears, it has not been perfect from the start.



As far as Te Runanga o te Taou goes, we learnt that Te Runanga o te Taou initially opposed this Bill, and supported landowners in the Muriwai district. They spoke of ‘token consultation’ taking place at “an extremely late stage”.



Indeed their submission revealed the concern of Te Taou that not only had they not been brought into the frame of consultation until the first reading of the Bill; but that they had also not been cited as having an interest as part of the Tangata whenua relationship within the Waitakere Ranges region. Disappointingly, they are still not named in the Bill's preamble alongside Ngati Whatua and Te Kawerau-a-Maki, despite evidence from the Waitangi Tribunal's Kaipara Report being presented to select committee.



Mr Speaker, there are many issues that this Bill gives cause for debate – cultural heritage, environmental protection, local government relationships, waimaori allocation and monitoring, resource sustainability.



The Maori Party comes to this Bill – as with all others – thinking how best to support the interests of mana whenua in upholding their rights, in defending their responsibilities, and promoting their ongoing status in the best interests of the nation.



And so we have heard –

the views from Te Taou that consultation has been unsatisfactory from their point of view;
the concerns from Ngati Whatua that there are varying governance relationships with the three Councils which in some cases exclude the two takiwa tribal constructs and traditional marae and hapu.


And we would remind the House, that local decision-making needs to involve mana whenua. We know that a mana whenua roopu is currently being established, and it would be great to see that structure specified in the Bill, to ensure their inclusion by Councils.

And I will of course, be writing to all of these Councils, sending them a copy of my speech, and asking them how they hope to consult mana whenua about this Bill.



There are of course structures already in place – section 81,'Contributions to decision-making processes by Maori', of the Local Government Act 2002 is a pretty good place to start – and should be highlighted.



One of the issues that comes through, loudly and clearly, is that of kaitiakitanga – and the huge strain created by the damaging impact of large scale development on the environment.



The view from mana whenua is their absolute commitment towards protecting their ancestral lands, commitment that they expressed in various recommendations to lock-down and extend the regulatory protections. That’s from them.



The key impact of the Bill will be in restricting further private land development so that environmental protection and sustainability objectives are given priority.



And in that respect mana whenua have viewed the Bill as being helpful in protecting the area from the pressure of property developers. Cultural heritage should be protected by resource consents considered in a holistic strategic framework which includes all factors – not just commercial investments, but also as part of our response to climatic change.



Mana whenua therefore welcome the opportunity that a strategic overarching framework would bring to this area – mitigating against the effects of urban growth and going further than the RMA by providing for more long-term consistent planning, monitoring and reporting by the three councils involved.



The Maori Party welcomes the advice and feedback of mana whenua, and respect their wishes in seeing this Bill as a means to continue to support their vital roles within the context of kaitiakitanga.



When my colleague, Hone Harawira spoke at the first reading of this Bill, he asked how will the voices of Ngāti Whātua Ngā Rima o Kaipara, Te Uri o Hau, Ngāti Rongo, Te Kawerau-a-Maki, Ngāti Whātua ki Ōrākei, and all those who share common whakapapa ties to this land be sustained in an ongoing and a meaningful way?



Sections 24 to 28, which provide for a Deed of Acknowledgement with all tangata whenua groups who have a historical, cultural, traditional or spiritual relationship with the land is a step forward in the right direction.



We are pleased to follow their lead, and to support the Waitakere Ranges Heritage Bill at this second reading before the House.