Partnership in parks. A framework for Kai Tahu participation in national park policy and planning

Abstract

The current opportunities for Kai Tahu to participate in national park policy and planning are, in the opinion of most Kai Tahu, inadequate. Kai Tahu are often consulted by the Department of Conservation (DOC) but their advice and comments are usually sought at a late stage in the decision making process. The Court of Appeal has said that the Treaty of Waitangi requires a partnership between Maori and the Crown. The present arrangements for representation and consultation do not provide a basis for a partnership between the Crown and Kai Tahu in policy and planning for national parks.

This study proposes an institutional framework based on a negotiated partnership between the Crown (ie DOC) and Kai Tahu in policy and planning for national parks. Under this framework, the future Iwi Authority of Kai Tahu and the DOC would be required to negotiate with one another over matters of mutual concern. Both parties would have recourse to a tribunal which would be guided by the principles of the Treaty of Waitangi.

The outcome of such an approach is difficult to predict because it would be very dependent on the initial negotiations (and the roles, rights and obligations assigned to each partner. The outcome partnership is also likely to be influenced by the of nature of any remedy Kai Tahu receive, or hope to receive from their claim to the Waitangi Tribunal. However, some general comments can be made. Such an approach would have implications for the funding of both Kai Tahu and the DOC, the role of the Conservation Boards and for park interpretation. The day to day management of the parks could be expected to remain much the same.