Key Takeaways
- The Waitangi Tribunal found that the Crown’s decision to exclude the Treaty from a draft geothermal development strategy would be a Treaty breach.
- The strategy aims to double New Zealand’s geothermal energy by 2040, but the Tribunal noted that it raised several issues, including the need for stronger protection of Māori taonga and more opportunities for iwi and hapū.
- The Tribunal called on the Crown to take the time to strengthen the strategy with Māori, noting that specific actions for economic development in the action plan remained underdone.
- The Crown’s characterization of geothermal taonga as "surface features" was also found to be incorrect and potentially breaching the Treaty.
Introduction to the Waitangi Tribunal’s Findings
The Waitangi Tribunal has released a report on the Crown’s draft geothermal development strategy, finding that the decision to exclude the Treaty from the strategy would be a breach of the Treaty. The strategy, developed by the Ministry of Business, Innovation, and Employment, aims to double New Zealand’s geothermal energy by 2040. The Tribunal held a discrete hearing on the strategy, during which Minister for Resources Shane Jones noted that the objective was to finalize the strategy later this year for Cabinet approval.
The Tribunal’s Concerns with the Strategy
The Tribunal found that most claimants at the hearing supported the draft strategy, but it also raised several concerns. The strategy did not adequately protect Māori taonga, and the Tribunal noted that the Crown had a responsibility to actively protect these taonga under the Treaty principle of kaitiakitanga. The Tribunal also found that the strategy concerned the development of geothermal taonga of immense significance to Māori and the exercise of tino rangatiratanga and kaitiakitanga in respect of those taonga. The Crown’s decision to exclude the Treaty from the strategy was found to be unreasonable, particularly given that the same Ministry of Business, Innovation, and Employment team and minister had included the Treaty in the Minerals Strategy just seven months earlier.
The Importance of Treaty Partnership
The Tribunal emphasized the importance of the Treaty partnership, which requires the utmost good faith and mutual respect of each other’s authority. The Tribunal found that this partnership should be reflected in any strategy aimed at the Crown and Māori working together to achieve important outcomes. The Tribunal noted that the Crown’s characterization of geothermal taonga as "surface features" was incorrect and potentially breaching the Treaty. The Tribunal also found that there were few specific opportunities in the strategy for iwi and hapū as distinct from Māori landowners, and that the issue of Māori rights and interests needed to be addressed.
The Tribunal’s Recommendations
The Tribunal welcomed the Crown’s inclusion of an action to consider the findings and recommendations of its stage 3 report, when this was released. The Tribunal noted that for the time being, the Crown should engage directly with the groups who hold Māori rights and interests. The Tribunal also called on the Crown to take the time to strengthen the strategy with Māori, noting that specific actions for economic development in the action plan remained underdone. The Tribunal’s findings and recommendations highlight the need for the Crown to work closely with Māori to develop a strategy that respects and protects Māori taonga and promotes Māori economic development.
Conclusion and Next Steps
The Waitangi Tribunal’s report highlights the importance of the Treaty partnership and the need for the Crown to work closely with Māori to develop a strategy that respects and protects Māori taonga. The Tribunal’s findings and recommendations provide a clear direction for the Crown to strengthen the strategy and ensure that it is consistent with the Treaty. The Crown’s next steps will be critical in determining the success of the strategy and the relationship between the Crown and Māori. The Tribunal’s report is an important reminder of the need for the Crown to prioritize the Treaty partnership and to work collaboratively with Māori to achieve important outcomes.
