Principles of the RMA
Decisions made under the RMA must follow its purpose and principles. Decision makers must balance these principles against other provisions and sections in the RMA. This means that a decision may not always be in your favour. But you can challenge a decision if you believe decision makers have not considered the principles.
Principles that incorporate a Maori perspective
Some of the principles direct decision makers to think about Maori values, practices and interests. Decision makers must:
- recognise and provide for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga (Section 6e)
- have particular regard to kaitiakitanga (Section 7a)
- take into account the principles of the Treaty of Waitangi (Section 8).
Section 6(e)
The relevant elements of section 6(e) that decision makers have to consider include:
recognise and provide for...
Decision makers must think about and recognise the relationship Maori may have with any resource, and also must be able to show that the relationship is practically provided for.
the relationship of Maori and their culture and traditions with their...
You must show that some sort of cultural relationship exists between your whanau/hapu/iwi and the resource.
For example: general–the cultural importance of water to all Maori; specific–the traditional importance of a particular wahi tapu, awa or maunga to your whanau/hapu/iwi.
ancestral land...
Under the RMA, ancestral land is not defined but you must be able to show that you have a strong relationship to that land. It is not necessary for you to still own the land for it to be considered ancestral [Royal Forest and Bird Protection Society v Habgood [1987] 12 NZTPA 76]
For example: demonstrating continual occupation of ahi kaa with the land can be evidence of a strong relationship to your land.
water...
Water is defined by the RMA and means water in just about any form (see section 2 of the RMA for the definition of water).
sites...
wahi tapu...
If you can prove that the land is tapu, that may be enough to have the area considered as wahi tapu even though there may be no evidence that it is an archaeological site [CDL Land NZ Ltd v Whangarei District Council (1996) A99/96].
Note: Historic Places Act 1993 provides for registration of wahi tapu.
and other taonga...
The courts recognise that taonga includes anything that is highly valued and prized by Maori [Waitangi Tribunal, Te Reo claim, Wai 11 (1986)].
Section 7(a)
The relevant elements of section 7(a) that decision makers have to consider include:
have particular regard to...
Decision makers must have particular regard to kaitiakitanga.
To have particular regard to is less of a duty than to recognise and provide for [Minister of Works v Waimea County Council [1976] 1 NZLR 376].
However decision makers must think about any kaitiakitanga obligations of tangata whenua when making any decisions under the RMA.
If you can prove that a relationship exists under section 6(e), then there is stronger evidence that kaitiakitanga exists.
kaitiakitanga...
Kaitiakitanga is defined in the RMA as meaning:
the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship.
The act doesn't give examples of what kaitiakitanga is. This is up to whanau/ hapu/ iwi to determine.
Section 8
The relevant elements of section 8 that decision makers have to consider include:
take into account...
To take into account means that a decision maker must weigh up the matter with other considerations when they are making a decision, and be able to show that they have done so [Haddon v Auckland Regional Council [1994] NZRMA 49].
It is generally recognised that to take into account is not as strong as to recognise and provide for in section 6(e), but is stronger than have particular regard to in section 7(a).
...the principles of the Treaty of Waitangi
The term Treaty principles comes from section 6 of the Treaty of Waitangi Act 1975.
The principles are not the actual words of the Treaty. They act as a guide to interpreting the meaning of the Treaty.
Note: For a closer look at identified Treaty principles and where they are from, see Appendix 1.
Note: The principles in Part II provide a basis for arguing that greater weight should be given to these matters when weighed against other matters in Part II of the RMA.
Section 6(e), 7(a) and 8 should arguably be read collectively rather than independently to give them greater weight.
'Principles' of the RMA that incorporate a Maori perspective
Text description of the flowchart:
Note: These principles must be balanced against other considerations in the RMA.
Before a decision is made under the RMA decision makers must consider:
- Part II of the RMA
- Section 5 Sustainable Management
- Section 6(e) - recognise and provide for the relationship of Maori to :
- Water
- Wahi tapu
- Sites
- Ancestral lands
- Other taonga
- Section 7(a) - to have particular regard to kaitiakitanga
- Section 8 - take into account the principles of the Treaty of Waitangi
Terms in the RMA relevant to Maori
Section 6(e)
- recognise and provide for ...
This phrase means decision makers must think about and recognise the relationship Maori may have with any resource and show how that relationship is practically provided for. - the relationship of Maori and their culture and traditions with their ...
You must show that some sort of cultural or traditional relationship exists between your whanau/hapu/iwi and the resource. - ancestral land ...
Under the RMA, ancestral land is not defined, but you must be able to show that you have a strong relationship to that land.
You don't have to still own the land for it to be considered ancestral [Royal Forest and Bird Protection Society v Habgood [1987] 12 NZTPA 76]. - water ...
Water is defined by the RMA and means water in just about any form. - sites ...
- wahi tapu ...
If you can prove that the land is tapu, that may be enough to have the area considered as wahi tapu even though there may be no evidence that it is an archaeological site [CDL Land NZ Ltd v Whangarei District Council (1996) A99/96].
Note: Historic Places Act 1993 provides for registration of wahi tapu. - and other taonga ...
The courts recognise that taonga includes anything that is highly valued and prized by Maori [Waitangi Tribunal, Te Reo claim, Wai 11 (1986)].
Section 7(a)
- have particular regard to ...
Decision makers must have particular regard to kaitiakitanga obligations of tangata whenua when making any decisions under the RMA. To have particular regard to is less of a duty than to recognise and provide for [Minister of Works v Waimea County Council [1976] 1NZLR 376]. However, decision makers must think about any kaitiakitanga obligations of tangata whenua when making any decisions under the RMA.
If you can prove that a relationship exists under section 6(e), then there is stronger evidence that kaitiakitanga exists. - kaitiakitanga ...
Kaitiakitanga in the RMA means:
"the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship."
The Act doesn't give examples of what kaitiakitanga is. This is up to whanau/hapu/iwi to determine.
Section 8
- take into account ...
To take into account means that a decision maker must weigh up the matter with other considerations when they are making a decision, and be able to show that they have done so [Haddon v Auckland Regional Council [1994] NZRMA 49].
In general, take into account is not as strong as to recognise and provide for in section 6(e), but is stronger than have particular regard to in section 7(a). - ... the principles of the Treaty of Waitangi
The term Treaty principles comes from section 6 of the Treaty of Waitangi Act 1975. The principles aren't the actual words of the Treaty. They act as a guide to interpreting the meaning of the Treaty. For a closer look at identified Treaty principles and where they are from, see Appendix 1.
