Post-colonialism, indigenous power and resource management: does s33 of the Resource Management Act 1991 have its intended effect for iwi authorities?

Abstract

In many countries, the empowerment of indigenous people has been a dominant theme in post-colonial planning discourse. As a means of empowering indigenous people in New Zealand there are numerous legislative provisions provided through the Resource Management Act 1991 (RMA). One such provision is through the ability of local authorities to transfer functions, powers or duties to public authorities (including iwi authorities) under s33 of the RMA. The last comprehensive study of s33 RMA transfers was completed in 2000, and this study found that there had been no transfers made to iwi authorities. One of the reasons provided for this was that iwi were focused on settling Treaty claims, of which there have been many settlements since 2000. A number of other barriers were also suggested as reasons for the lack of transfers to iwi authorities, including a lack of formal process for local and iwi authorities to follow, a lack of capacity for iwi authorities to undertake transferred functions and a lack of clarity as to what defines an iwi authority. This research project comprises a stock take of the situation in 2017 and investigates whether there has been any progress in transferring powers to iwi authorities, and the reasons behind this. In particular, this study tests the 2000 finding that the lack of Treaty settlements remains a factor in the lack of transfers to iwi authorities.