Key Takeaways:
- The Waitangi Tribunal has 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 and was developed by the Ministry of Business, Innovation, and Employment.
- The Tribunal has raised concerns about the protection of Māori rights and interests, including the definition of geothermal taonga and the need for more specific opportunities for iwi and hapū.
- The Crown has been called on to strengthen the strategy with Māori and to address issues related to Māori customary title or ownership.
- The Tribunal has welcomed the Crown’s inclusion of an action to consider the findings and recommendations of its stage 3 report.
Introduction to the Geothermal Strategy
The Ministry of Business, Innovation, and Employment has developed a geothermal strategy with the aim of doubling New Zealand’s geothermal energy by 2040. The strategy, titled "From the Ground Up – A draft strategy to unlock New Zealand’s geothermal potential", was developed with the involvement of several ministers, including Minister for Māori Development and Minister for Māori Crown Relations Tama Potaka, Minister for RMA Reform Chris Bishop, and Minister for Resources Shane Jones. The strategy was the subject of a discrete hearing by the Waitangi Tribunal on 7 November, which revealed that the Crown planned to finalize the strategy later this year for Cabinet approval.
The Waitangi Tribunal’s Findings
The Waitangi Tribunal has found that the Crown’s decision to exclude the Treaty from the draft geothermal development strategy would be a Treaty breach. The Tribunal noted that the strategy concerns the development of geothermal taonga of immense significance to Māori, and that the exercise by Māori of tino rangatiratanga and kaitiakitanga in respect of those taonga is a critical issue. The Tribunal also found that the Crown’s decision to exclude the Treaty from the strategy was not reasonable, 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 Tribunal emphasized that the Treaty partnership, which requires the utmost good faith and mutual respect of each other’s authority, should be reflected in any strategy aimed at the Crown and Māori working together to achieve important outcomes.
Concerns Raised by the Tribunal
The Waitangi Tribunal has raised several concerns about the draft geothermal development strategy, including the protection of Māori rights and interests. The Tribunal noted that the strategy does not adequately integrate protection into the action plan, and that the definition of geothermal taonga as "surface features" such as geysers is incorrect and would breach the Treaty unless corrected. The Tribunal also noted that there are few specific opportunities in the strategy for iwi and hapū as distinct from Māori landowners, and that the issue of Māori rights and interests, including the question of Māori customary title or ownership issues, needs to be addressed. The Tribunal has called on the Crown to engage directly with the groups who hold these rights and to strengthen the strategy with Māori.
The Way Forward
The Waitangi Tribunal has welcomed the Crown’s inclusion of an action to consider the findings and recommendations of its stage 3 report, which is expected to be released later this year. The Tribunal has noted that it is not yet in a position to make findings on the issues raised, but has encouraged the Crown to take the time to strengthen the strategy with Māori and to address the concerns raised. The Tribunal’s findings and recommendations will be critical in shaping the final version of the geothermal development strategy, and it is likely that the Crown will need to make significant changes to the strategy in order to address the concerns raised by the Tribunal. Ultimately, the success of the strategy will depend on the ability of the Crown and Māori to work together to achieve important outcomes, and to ensure that the rights and interests of Māori are protected and respected.
Conclusion
In conclusion, the Waitangi Tribunal’s findings on the draft geothermal development strategy highlight the importance of protecting Māori rights and interests in the development of New Zealand’s geothermal resources. The Tribunal’s concerns about the definition of geothermal taonga, the lack of specific opportunities for iwi and hapū, and the need for more direct engagement with Māori groups are all critical issues that must be addressed by the Crown. The success of the strategy will depend on the ability of the Crown and Māori to work together to achieve important outcomes, and to ensure that the rights and interests of Māori are protected and respected. By working together and addressing the concerns raised by the Tribunal, it is possible to develop a geothermal development strategy that benefits both the Crown and Māori, and that helps to achieve the goal of doubling New Zealand’s geothermal energy by 2040.