Reclaiming their estate : an analysis of the debate surrounding treaty claims and conservation lands

Abstract

Debate about Treaty claims over conservation lands has recently become a feature of the discourse surrounding the settlement and redress of Maori grievances under the Treaty of Waitangi. In this study the context of the debate is examined, from the perspectives of Maori, the Crown and the conservation and recreation lobby.

The opposition of the conservation and recreation lobby to the use of conservation lands in claim settlement is identified as the main obstacle to the settlement of such claims. These groups are seen to gamer support for their position from the wider public. This support is found to originate in the environmental attitudes embodied by Pakeha society. Specifically, the perception that lands suitable for exploitation must be separated from those with value for conservation, in order that human impact on conservation values be minimised, is seen to be a factor underlying support for the conservation and recreation lobbies' thoughts on the issue.

As a means for advancing the resolution of the debate, case studies of examples of claim settlement over conservation lands in an international and New Zealand context are examined. While not being advanced as models suitable for application to all claims, these examples provide a starting point for the development of alternative approaches to claim settlement, which may have benefits for all parties involved in the debate.