"Thou shalt take into account the principles of the Treaty of Waitangi and/or consider Maori cultural, traditional, and spiritual values" : implications for resource management

Abstract

In recent years a number of statutes have been enacted or drafted which purport to bring fundamental reform to the management of natural and physical resources in this country. Most contain clauses which state that the relevant management practices will be carried out either in consideration of the principles of the Treaty of Waitangi, or with regard for Maori spiritual, traditional, and cultural values. This study examines these "Treaty clauses" in the context of a nascent coastal management policy and assesses their practical implications for resource managers. An hypothetical framework of "Treaty-based coastal management" is constructed, and discussed in terms of how it might be implemented. It is argued that while the framework as a whole appears to lack sharply defined goals and procedures at the present time, this does not preclude its' implementation. Indeed, given the scale and nature of behavioural change implied by the reforms contained in the framework, maximum flexibility may be essential. While the "Treaty clauses" do not appear to offer to the resource manager any means for deciding how much "weight" to assign to Maori values, a closer reading of the "Treaty clauses" shows that they imply critical evaluation of Pakeha values in any management context. This in turn may provide a guide to action. An attempt is made to illustrate this claim, and it is suggested that the "Treaty clauses" require a reassessment of the methodology of resource management if Maori and Pakeha values are to be treated in a consistent manner in the future.