BETWEEN TWO WORLDS

Maori Values and Environmental

Decision-making
Presented in partial fulfilment
of the requirements for the Degree
of Master of Science
in the
UNIVERSITY OF CANTERBURY
. ~ ' " .
by
David Shearer
Centre for Resource Management
ABSTRACT
This study investigates the way in which Maori values are
incorporated into environmental decision-making. Recently,
the implementation of large resource developments have
drawn protest from Maori communities and focussed attention
on these values. The study examines the nature of these
values, associated with the way the Maori people use and
perceive the environment,and determines that these are still
strongly held today. It then establishes that as an indigenous
minority culture Maori values should be specifically considered.
From this basis, environmental decision-making procedures are
examined. The findings reveal that many procedures do not
sufficiently account for Maori values. Two options are
formulated to improve the existing situation. The first option
looks at changes to present procedures. The second option
investigates implementing reforms to encourage earlier
participation with Maori communities.
ACKNOWLEDGEMENTS
"'am grateful for the assistance of a large number of people in the completion of this study.
Special thanks to Anuschka for her understanding and unfailing support. Also to Dr Eric Pawson,
my supervisor whose thoughts and encouragement helped guide this study. Thanks also to
Rodney Hide and Ken Ackley for their critical comments.
I would like also to express my gratitude to R. Mahuta, and.the staff of the Centre for Maori
Studies and Research at Waikato University for their comments and for the two weeks I spent
working for them. Thanks also to Aila Taylor, spokesperson for the Te Ati Awa tribe in Taranaki; Mike
Matunga planner for the Ministry of Works; and Judge Treadwell (Planning Tribunal) for comments
from a legal perspective.
Finally, thank-you to Suzanne McKnight for her perseverance with typing.
"Like a sharp midsummers sunrise reared from a high mountain the sweep of Maoritanga cuts across
the land, illuminating a nation that until recently imagined itself to be influenced by just one culture,
the English way of lite, a way that had developed and endured for more than 1000 years .... Today,
that culture, Maoritanga, the Maori way, in just a few years, even a few months, has asserted itself as
an alternative way of life" (H.R.C. 1981: 7).
CONTENTS
CHAPTER 1 INTRODUCTION 1
1.1 PROBLEM STATEMENT 1
1.2 OBJECTIVES 2
1.3 FORMAT 2
CHAPTER 2 WHAT ARE MAORI VALUES? 4
2.1 TRADITIONAL MAORI ATIITUDE TO THE ENVIRONMENT 5
2.1.1 Adaptation toa new environment 5
2.1.2 Mythology 6
2.1.3 Links with the land 8
2.1.4 Mauri (life principle) 9
2.1.5 Limits to technology 10
2.2 EUROPEAN ATIITUDES TO NATURE 12
2.3 COLON ISING ATTITUDES 14
2.4 CONFLICTS OF PERCEPTION 18
CHAPTER 3 WHY CONSIDER MAORI VALUES? 21
3.1 TANGATA WHENUA 22
3.2 TREATY OF WAITANGI 23
CHAPTER 4 CONSIDERATION OF MAORI VALUES IN DECISION-MAKING 28
4.1 ENVIRONMENTAL LEGISLATION 29
4.1.1 Town and Country Planning Act 1977 30
4.1.2 Water and Soil Conservation Act 1967 31
4.1.3 Environmental Protection and Enhancement Procedures 33
4.1.4 Public Works Act 1981 34
4.1.5 Government Departments 35
4.2 COMMUNICATION 36
4.2.1 Representation 36
4.2.2 Notification 37
4.3 PLANNING TRIBUNAL 39
CHAPTER 5 POLICY OPTIONS 43
5.1 OPTION ONE: CHANGES TO EXISTING DECISION-MAKING
PROCEDURES 43
5.1.1 Environmental Legislation 44
5.1.2 Communication 50
5.1.3 Planning Tribunal 54
5.1.4 Implications of Adopting Option One 56
5.2 OPTION TWO: CHANGES OUTSIDE EXISTING PROCEDURES 58
5.2.1 Taharoa and Ohaaki 59
5.2.2 Mediation 60
5.2.3 Implications of Adopting Option Two 63
CHAPTER 6 CONCLUSION 65
FOOTNOTES 69
REFERENCES 70
GLOSSARY 73
APPENDIX ONE 74
APPENDIX TWO 76
APPENDIX THREE 77
MAPS 38
Map 1 District Maori Council Boundaries
Map 2 Maori Tribes
Map 3 Regional Council Boundaries
1
CHAPTER ONE
INTRODUCTION
1.1 PROBLEM STATEMENT
The past decade has witnessed growing opposition by Maori groups and communities to the
implementation of a n.umber of large development projects such as the Huntly Power Station, the
Motonui Synthetic Petrol Plant, and the New Zealand Steel Mill Expansion. The Maori people have
protested that these projects conflict with their traditional attitudes and values to the environment -
values which they claim are still extremely important. Their opposition prompts a number of
questions: What are Maori environmental values? Why should these be considered? An do
present decision-making procedures allow for their adequate consideration? The examination of
these questions is the principal focus and forms the problem this study addresses. The
development projects cited above provide exemplification of the questions raised.
The relevance of this study has been enhanced by current government moves. Recent
policy statements and initiatives have given specific acknowledgement and recognition to Maori
culture and the position of the Maori in New Zealand society. The new Ministry for the Environment,
for instance, has the stated objective to take into account the principles embodied in the Treaty of
Waitangi and has established a Maori Secretariat. In a further move, the Waitangi Amendment Act
passed at the end of 1985, extends the powers of the Waitangi Tribunal. The Tribunal, established
in 1975, is a recommendatory body to investigate grievances which Maori claimants maintain
contravene the principles of the Treaty of Waitangi. The 1985 Act extends both the number on the
Tribunal and expands its brief to investigate matters which date back to 1840 whereas previously it
had been restricted to matters arising since 1975. The esteem in which this body is held was
demonstrated by recent Government assurances to implement the recommendations of the
Tribunal in its Manukau Harbour decision.
2
There have also been legal moves, as indicated in a recent High Court ruling, to
acknowledge Maori fishing rights under the Treaty. In addition, the Maori Land Appeal Court, in an
historic decision, upheld a principle of tribal rather than individual ownership of Maori land for the
first time (The Star 6.10.86). Further movements have occurred to incorporate bicultural discussion
in the areas of education and social welfare. Together, these initiatives accompany a greatly
increased profile of Maoritanga in general.
1.2 OBJECTIVES
With greater recognition of Maori culture generally, the questions raised above in the
problem statement, concerning the involvement of Maori values in environmental decision-making
are pertinent ones. The objectives below follow essentially from the problem statement.
1) To analyse the nature of Maori values and the evidence for their existence today.
2) To establish why the values of the Maori, as a miniority cultural group, should be
specifically considered.
3) To analyse environmental decision-making procedures to identify the factors which
inhibit Maori values from being taken into account.
4) To formulate optigns by which these values can be given greater consideration in
environmental decision-making.
5) To consider the implications of implementing the options above.
1.3 FORMAT
These objectives provide the basic structure for this study. The following chapter explores
the nature of Maori values and the evidence for their existence today given that considerable
change has occurred since the arrival of the European. Chapter three examines the reasons why
the Maori, as a minority, merits specific consideration. Given that Maori values can be identified and
are worthy of consideration, chapter four examines ctJrrent decision-making procedures relevant to
resource development and other environmental uses. This study has focussed on three specific
components of these procedures considered most fundamental. These are the legislation, the
3
communication between Maori bodies and administrative authorities, and the Planning Tribunal. In
light of the analysis in chapter four, two options are formulated in chapter five to improve the existing
procedures. The first option involves making adjustments to existing decision-making procedures.
The implications of adopting this type of policy option are discussed and the potential need
recognised for the second option which involves more far-reaching changes outside the present
decision-making framework.
4
CHAPTER 2
WHAT ARE MAORI VALUES?
The following analysis seeks to determine the nature of Maori values' in relation to the
environment, and in particular, what is meant when these are spoken of today. This is an essential
step because without establishing the present existence of Maori values there is no basis for
considering them in decision-making procedures. The chapter is divided into four parts. The first
investigates pre-European Maori perceptions ano attitudes to the natural world about them. In this
way, the discussion of values has a framework or reference point in which to place Maori values
today. The predominant Pakeha attitude is then contrasted with that of the Maori in the second
part. The third section examines the process of Pakeha colonisation. Through pOlicies of
integration/assimilation the Maori has become incorporated into Pakeha society and their traditional
attitudes and perceptions modified. There is, therefore, no unified Maori view today but one
ranging, from the more traditional to a perception that is characteristically European. Conflicts
between Maori and Pakeha attitudes which have occurred with the implementation of resource
development projects, however, provide a clear indication of values still strongly held which are
compatible with a traditional perception. These conflicts are discussed in the final section of this
chapter.
5
2.1 TRADITIONAL MAORI ATTITUDE TO THE ENVIRONMENT
2.1.1 Adaptation to a new environment
Estimates of the Maori arrival in Aotearoa fall approximately around the ninth century. They
originated from the Eastern Polynesian group of islands whose present inhabitants exhibit similar
traditions and language. Their arrival would have meant adjusting to an environment totally different
to,the one they had left. The existence of new flora, fauna, and above all climate, would have
rendered many of their practices, founded on a tropical environment, inappropriate. In particular,
the low temperatures would have greatly restricted the growth of traditional crops - cultivation of
yams, the mulberry tree and kumara would have been limited. The early Maori, therefore, relied
heavily on the hunting and gathering of animals, particularly birds, whose habits and, importantly,
rates of natural increase were unknown.
Major environmental modifications which have been attributed to Maoris occurred
predominantly in the early part of Maori occupation. The most notable impacts were the 'extinction
of species of moa and other bird species, and the destruction of large areas of South Island forests. \
,l
These modifications are evidence of an inappropriate response to the environment. To some
degree they can be seen in the context of a group of people attempting to survive within an
environment of which they have little knowledge, nor complete awareness of their actions. Survival
would have been an essential motivation. As Anderson notes on the findings of archeological
excavations in Palliser Bay in the Wairarapa, where the actions of the ancient inhabitants had
disastrous results, "it would be invidious to draw the conclusion that the (Palliser Bay) inhabitants
were ignorant of, or unsympathetic to, the need for shellfish conservation; it may well have been a
lUXUry they could simply not afford" (in Leach: 64).
6
2.1.2 Mythology
Mythology governed the attitude and response of the Maori to their natural world. Tbere-
seems little doubt that the mythology evolved as the Maori adapted more closely to their
environment. There was room for considerable adaptability and flexibility because myths were
transmitted orally. Hence, they could be modified to give relevance to a given set of circumstances
rl
or specific natural conditions. Myths determined J!le._wayjn wbib_Jne within their
_______ ____ ._< _____ . -__ .. ___. ... -.-'
11
environment, and successful adaptations influenced the nature and emphasis of the myths.
-.-- - ,- ...
Myths performed a number of important functions. Through mythology the nature of the
world and the place of human beings in it was explained. In addition, the figures in mythology
provided role models which established patterns of behaviour - providing rewards for acceptable
behaviour and punishments for the unacceptable. Mythology, through the recorded actions of
ancestors, explained the natural world and provided a context into which the Maori could put
(j
themselves.
Creation Myths The creation myths provide an illustration of these points. In the first of these,
Tane separates his father Ranginui and his mother Papa-tu-a-nuku, and releases his brothers from
their embrace. Ranginui becomes the sky and Papa-tu-a-nuku the earth. The separation is
significant not only because it explains the position of the sky and earth, but it also emphasises the
distinction in Maori life between male and female. Rangi is the sky and hence tapu ;Papa the earth
and mother, from whom all life originates, is noa, low and common. In this way, the myth provides a
pattern or model for the actions, of human beings.
Tane plays an important role in the creation myths. First he is the atua (mythical ancestor) of
the forests and responsible for all life within them. In addition, Tane uses the sacred sail of Hawaiki
to make the first woman. He then mates with her to create the first human beings. The Maori,
therefore, is descended from Rangi and Papa through Tane. All other life is also descended from
Rangi and Papa. The Maori are thus part of, and related,
- - ------
being separated from their environment, with humans in one compartment and all other life in
another, the Maori perceive themselves as an integral part of the environment.
7
O'Regan explains this relationship further. He points out that a Maori loo.kj!l9 Cit Cl land or
seascape, "if one is a Maori, one is looking at oneself. We are looking at Tangaroa and Tane, we are
looking at the atua from whom we descend, at our own tupuna, we are looking at ourselves." He
goes on to make the point: "I was challenged recently by a very earnest Christian who declared,
'surely nature is for all of us - we share it'. I replied, 'yes I am quite happy to share it but what I want
you to recognise is that If we are sharing it, well and good, but it is we that are the descendants from
it' " (O'Regan1984:14).
A possible contradiction could exist here. If the Maori is related to all living things, then killing
them for food or for other purposes would be a highly tapu act. A subsequent myth which involves
Tu (the atua of war and brother of Tane) solves the dilemma. The myth describes how Tu kills and
eats fish, birds and other living things and by doing this makes them noa (common). Tu provides an
example for human beings who follow to also make use of the living world, but because they are not
atua, like Tu, they have to first remove the tapu by performing the correct rituals.
The descriptions of the ancestors in the creation myths provided a means by which to
understand and perceive the environment. As O'Regan states:
"Tane was a tree, also Tane was a person, likewise water was Tangaroa ... they
knew water was wet but they also knew it as Tangaroa, There was unity in their
perceptions."
(O'Regan1984: 8)
He goes on to parallel this with Catholic theology, where bread and wine are what they appear
before being sanctified; yet afterwards they become the body and blood of Christ. In this way, he
points out, water is still water, but it is also Tangaroa.
"This does not mean that because my river represents an atua they should not be
touched or used. One of the more endearing characterisflCs of Maori is their
capacay to tie the practical together with their theological beliefs." (Ibid: 1 0)
Later myths tell of other ancestors, e.g., Maui,Tawhaki, and Karaki, and give further meaning
to the world and provide additional role models. They are followed by ancestors who make the
voyage from Hawaiki, the mythical land of origin, to Aotearoa. Gradually the names in the whakapapa
become legendary rather than mythical until the realms of history are reached (Orbell 1985).
8
2.1.3 Links with the land
The latter group of myths, which describe arrival in Aotearoa, are important because they
establish the whakapapa (lineage) of different tribes and the rights to land each occupies. These
rights are further validated by stories which record the actions of later ancestors - the sites of battles,
and notable events. Oral traditions tell of these happenings and often an act performed by an
ancestor will be so significant that s(he) will become a distinct feature in the landscape. A rock or )
mountain will become known as that ancestor. Landmarks, therefore, not only denoted tribal areas (
but were visual confirmation of links with previous ancestors. The significance of this was that the (
Maori is surrounded by their ancestors. These took on a living form which was projected into their)
everyday lives. One story from the Ngati Ranginui, for example, tells of the arrival of the Mataatua
Canoe when entering Tauranga Harbour. Here it went aground on a sandbar and was threatened
by rising seas. An old woman Te Kuia jumped over board and laying beneath the canoe, formed a
skid on which the canoe slid into the sheltered waters of the Harbour. The body of Te Kuia is now a
rock which can be seen at the Harbour entrance and it is a customary mark of respect that when
fishing nearby that an offering be made to her (OrbeIl1985: 40).
Links with the land we,re made more sacred by the burial of a child's pito (umbilical cord) with
the accompanying ritual of iho-whenua (connection with the land). For children of rank, it was
customary 10 plant a tree over the spot. Thereafter the tree was oP,r;- 2\' ; ,r t/;':' -' as his
iho-whenua and stood as an expression of belonging to the land (Walker 1981: 69). The
connection to the landscape was also emphasised with regard to the link between the people and
the area they occupied. The Taupo people's motto (pipeha) links the lake, volcanic mountain, and
chief in the saying "Tongariro is the mountain, Taupo is the lake and Te Hauheu the chief". The
attachment to the land is so great that Firth remarks that it almost seems "doubtful whether it is the
tribe who owns the mountain or the mountain who owns the tribe" (Firth 1972: 373).
9
2.1,4 Mauri (life principle)
As all living things are descended from common ancestors, so all elements of the natural
world possessed life and some form of living spirit. Every natural object possessed a spiritual
essence, a non-material core or life principle - a mauri. The preservation of mauri was all important.
Without it an object must inevitably die and decay. Because in everyday life, use was made of the
'-. ".:: .. -. ;". - -.,- ":1
environment there was the constant risk of limiting or affecting the mauri. The dange'r of pollution or
loss of fertility in the forest, was a grave risk. To guard against this, a set of rules governing conduct
and behaviour was implicit. The concept of mauri was used to classify different types of water which
then dictated the way they were to be used (see appendix 2).
The preservation of mauri was closely associated with the practices of tapu. The prohibition
?"" - - -'-' - - -. -
of certain prClGUces and the sacredness of certain places ensured their protection and hence their
mauri. For it was tapu to leave the feathers of snared birds in the forest because other

birds would sense danger and leave the area. Similarly, the cleaning of fish in the sea constituted
only phY,sical pollution but spiritual pollution. A specific form of tapu could be imposed by
someone of high ranking or mana. Known as a rahui, it consisted of a sign or a mark which restricted
access to an area or resource. Violation of the rahui was likely to bring death or misfortune. (See
Best 1904, Mead) The development of these concepts and practices had a sound pragmatic logic
'-----_._ ..... .
that can be appreciated in the contemporary era of environmental awareness and management.
There is much validity in Walker'S comment that "magic is the bastard brother of science."
Firth notes,that the belief in the mauri of natural resources and their protection in this manner
exerted a real influenoe over economic affairs. First, it fostered an atmosphere of respect and also
fear obviating deliberate or negligent destruction of essential resources. Also, through the
ritualised prohibitions, the conduct of people was regulated towards their natural environment" ...
its importance was kept before them and their whole psychological attitude stabilised, handed down
to them already moulded by tradition" (Firth 1972: 263). It onceagaifl reinforced ideas already in
place through the mythology in a practical way.
" .. ,. .
10
From their intimate relationship with the environment, the Maori developed a profound
knowledge of fellow lifeforms. This was reflected in their language where enormous numbers of
plants and animals were named. Moreover, their thinking was subtle and analytical ...
the Maori "displayed considerable accuracy of observation, enabling him to
discover certain of the less obvious of natural phenomena and also to elucidate
the affinities of a number of animals and plants" (Firth 1973: 59).
Colenso, an early missionary and botanist, remarked that the Maori had perceived affinities of some
species of plants which are botanically allied, but superficially dissimilar and had given expression to
this by assigning to them parallel names (Firth: 60).
Because they saw themselves being related to their environment with the natural world their
kin, their observations reflected an emotional relationship. As Orbell notes:
"the Maori were free to project human presences and values on the world.
Thought and feeling were one. Their poets drew confidently upon a rich store of
shared imagery and ideas; and while there was a term for 'ritual', karakia, no words
were needed to distinguish 'science' from 'religion'." (1985: 217).
Parallels from the living world were naturally drawn into everyday language. This
"identification with nature was woven into figures of speech on the marae when the death of a chief
was likened to the 'fall ofthe shelter giving totara'. The perception of giants of the forest as symbols
for men of rank enhanced respect for nature" (R. Walker 1981: 69).
2.1.5 Limits of technology
Maori behaviour toward the environment was restricted by the technology available to them.
This set limits to the degree of modification able to be effected and the means by which they
produced their material requirements. Production over and above any material need was highly
institutionalised and represented a great cost in labour. This is not to say surpluses were not
produced. Indeed they were a most important part of Maori economic and social life, but they did
not go towards supporting large numbers of dependent and unproductive groups within society.
Furthermore, any surplus produced was generally perishable, unable to be transformed into
accumulated capital (Worsley 1984: 67). Thus, once basic needs were met, a different set of
priorities came into play. Surpluses were converted into mana through conspicuous displays and
11
feasts in which neighbouring whanau or hapu were invited to share. Such contests augmented the
mana of the chiefs who organised them and the kinsfolk they mobilised and the only way to
outshine them was to stage an even more ambitious feast later. Therefore. a chief was more or less
obliged to ensure redistribution amongst his followers or dependents. Distributing wealth in such a
way built loyalty and a 'moral credit' which would be cashed in later for other services. often military
(ibid: 68).
Over time developed a greater awareness of their actions within the environment
which resulted in the evolution of more divers" responses. often guided by mythology. and hence
a more appropriate relationship. The story of Rata, for example, emphasises the need to observe
the correct rituals. It tells of Rata who cut down a tree for a canoe several times. each time without
performing the correct rites and each time he found. in the morning. the tree standing again. Finally
he did heed the correct rituals. and when he arose the following morning a canoe was there already
made for him. The story explains the importance of following the correct rituals and in so doing
adopting a pattern of behaviour which lessens the possibility of careless destruction.
Given their available technology. Maori society had adapted to the environment in such a way
that survival was guaranteed. The evolution of the subsequent social structure was legitimised by a
prevailing mythology which placed their life into some form of context. This mythology had not
evolved in isolation. nor was it divorced and different from the life of the Maori - it instead
perpetuated a lifestyle that was relevant to the environment. Maori life was. therefore, a reflection of
the mythology and vice versa.
The Maori perceived themselves as part of the environment related to the life forms that
surrounded them. Thus their attitude to nature was not one of utility - a resource for the benefit of
humankind (although there is no mistaking the environment was there for their use). but rather an
acceptance of the living world as existing in its own right for its own sake.
In the words of Orbell:
Maori thought and mythology were centrally concerned with the human situation
and human experience, as all systems of thought have necessarily been, but in
their thought, as in their way of life, a balance was maintained between human
beings and the environment. Their closeness to nature and the immediacy of
their dependence upon it; their intimate and profound knowledge of plants,
animals and landscape, led to a view of the world which recognised the tapu, the
sacredness, of other life forms and the landscape itself. By seeing themselves in
the natural world and thus personifying all aspects of the environment, they
acquired a fellow-feeling for the life forms and other entities that surrounded
them, and they saw a kinship between all things." (1985: 216-217).
2.2 EUROPEAN ATTITUDE TO NATURE
12
In contrasUothe Maori, the European aJtitude to the environment was. derived {rom very
large literature concerns itself with Western perceptions of the environment; it is
not the intention to discuss this at length here, but merely to point out the differences. The
historical'roots of a Western perception are located in what Lynn White (1967) calls the Judaeo and
Christian doctrine of creation, and lie in the belief that "man was made in God's image and shares in
God's transcendence of nature, and that the whole natural order was created for the sake of
humanity." (Athfield 1983:20-21). The implication of such a belief, says Athfield, was that" in place
of the respect for the guardian spirits of groves, streams and hills afforded by pagan animism,
'Christianity made it possible to exploit nature ina mood of indifference to the feelings of natural
objects' " (ibid:23).
Although it is difficult to substantiate whether a Judaeo-Christian derived attitude necessarily
implies a belief in a more exploitative attitude to nature, as White maintains (for instance Glacken
1967 argues the Judaeo-Christian legacy can be argued in exactly the reverse way) it nevertheless
has other implications for the way the Western mind perceives the environment. Most importantly, it
establishes the hierarchy of God, humankind and the environment and authorises humans to be
responsible for nature. Whether that responsibility is to be exercised in a despotic manner ora
manner more in the line of stewardship, is again debatable (see Black 1970, Passmore 1974).
However, it does exhibit the belief in the duality of humankind and nature as separate entities. The
work of Bacon and Descartes during the 16th and 17th centuries in the development of classical
science puts the belief in duality into more practical effect.
13
Descartes focussed on the way in which humans were distinguishable from the rest of
nature. He deduced that what separated humans from other living things was the thought-process.
Whereas the body could be reduced or analysed into its component parts, the mind could not.
Descartes thereby introduced a most fundamental dualism in modern thought-that between mind
and matter. Cartesian dualism, as Descartes' work became known, i n v o l v ~ d mind and matter, and
had a profound implication for the human-nature relationship because nature became composed of
objects metaphysically separated from humankind (Pepper 1984). The separation enabled
explanations of nature by universal principles which applied only to matter. These principles,
because they were separate from human existence could, therefore, be tested.
Bacon's method, while different from that of Descartes (being inductive rather than
deductive) shared the same view of the separateness of humans from nature. Moreover, Bacon
claimed that science was both progressive and a philanthropic activity. It first built on a secure basis
of facts, advancing them towards greater truth. Second, this steady advance would be the way to
obtain a progressive improvement in the material circumstances of humanity (ibid:1984). Scientific
method, and scientific rationality was to be given greater validity than that which was non-scientific.
Scientific explanations replaced explanations which had previously been based on mythology or
religious beliefs. The role of religion as an explanation of natural events was increasingly usurped,
'"
and the division between scl3nce and religion became more pronounced. Thus the European
looks to science to predict the consequences of using the environment rather than to religious
explanations. But while science can possibly predict the outcome of different actions, the decision
of whether or not to proceed with a particular option is a moral one for humans and not determined
by a religious precept. This separation constitutes a fundamental difference between Maori and
Pakeha attitudes.
14
The prevailing Western attitude towards nature, unlike the Maori, is fundamentally
anthropocentric. Because of the mind-matter separation, science constructs universal truths, which
explain how the environment functions and are able to be tested. Scientific activity and the
formulation of truths and laws is seen as a progressive and positive step in human development.
Moreover, because of the distinction between humans and their environment, the environment is
understood to be in existence for the sake of humans. It is therefore a resource-whether it be for
consumption or to be enjoyed for its aesthetic beauty-and the fundamental attitude is that of utility.
2.3 COlONISING ATTITUDES
Many of the early Europeans (pre 1840) recognised the existence and coherence of Maori
values and custom. Indeed, James Stephens who appeared to be responsible for official British
policy on the subject instructed Governor Hobson in 1840:
"(The Maori people) have established by their own customs a division and
appropriation of the soil... with useages having the character and authority of
law ... it will of course be the duty of the protectors to make themselves
conversant with the native customs, and to supply the Government all such
information."
(in Frame 1981: 105-6)
The New Zealand Constitution Act drawn up in 1846, gave some recognition to the
continuation of Maori custom which would also apply to Pakehaswithin certain areas. However, by
1852 when it was finally brought into effect, it was more limited. Furthermore, sectio n 71- "provision ~
as to Maori laws and customs", which advocated the establishment of districts under Maori)
jurisdiction, was never used.
These early examples illustrate the attempts by the Pakeha to come to terms with Maori
customs and values and provide some means of bringing these together with their own institutions. -
What is most notable, however, is how over a period of 40 years after the signing of the Treaty of
Waitangi in 1840, the recognition of Macri values diminish. By the 1850s the settfer Government
was re-evaluating its position. Richmond in a speech to the General Assembly perceived three
possible choices available to the government of the day. First, to maintain Maori custom as it had L.----
been recognised previously. Second, to supercede Maori custom with British law, without v
v
reference to the opinions of the Maori. Both options were considered either unpalatable, or
15
unworkable. Richmond's third option was "to insinuate or induce the acceptance of British law ..... v
amongst the Maori. It was this last course which was actively followed (Frame 1981).
Other important changes were occuring during this period, one of the most significant being
land commodification. The Native Lands Act 1862 and the Maori Land ,Court 1865 was "devoted
chiefly to the purpose of ascertaining the Maori customary title and transforming it into freehold title"
(Haughey 1976). The individualisation of land was a concept foreign to the Maori to whom rights
were invested in the social structure and not the land itself. Misunderstandings arose when the
Pakeha attempted to buy land. Many Maori interpreted payment for land as a lease or gift rather than
purchase. Moreover, often the Maori who did agree to sale lacked the authoritative capacity on
behalf of the tribe. When combined with the insistent Pakeha demand for land, such confusion
resulted in hostility, the first outbreak occuring in Taranaki in 1859. Furthermore, realising that their
land was likely to be eroded by land sales, the Waikato confederation of tribes combined under the
first Maori King Te Wherowhero. The resistance on the part of the King Movement or, Kohitanga,
provoked a military response on the part of Pakeha which resured in the Land Wars.
By 1877, after the Land Wars, a new perspective to Maori customs and values emerged.
This was simply to deny Maori custom existed at all. Chief Justice Prendergast in the case Wi Parata
v the Bishop of Wellington 1877, stated:
"Had any body of law or custom capable of being understood and administered
by the Courts of a civilised country been known to exist, the British Government
would surely have provided for its recognition ......
This conclusion marked the end point of an evolution of Pakeha thought which had
witnessed some acceptance of Maori customs in the 1840s to its total rejection in law some 37 years
later. The period was one of great change in New Zealand. The European population had risen
from being a tiny minority in a Polynesian land, to where they held a majority. And then had
demonstrated their authority by defeating the Maoris in the Land Wars. Colonial law from 1877
onwards was all embracing and did not allow for operation of Maori customary law outside its
jurisdiction.
16
Furthermore, it did not expressly acknowledge or provide for Maori values and customs
within its statutes. Ludbrook states: "We tend to assume our law has some universal quality that
transcends national and cultural boundaries .... We are inclined to forget when we speak of the law
we are talking about pakeha law-a body of laws which derived from the custom and usage of Great
Britain, developed in the British social and political climate and transplanted in New Zealand ... ". The
evolution of settler law in New Zealand can be seen as a reflection of a prevalent Pakeha attitudes.
The predominant attitude was one of integration and assimilation, although in the 19th
century there is no doubt on whose terms this was to be achieved. The Land Wars and the Native
Land Act in this context were instruments to bring about this policy. New Zealand's first
Attorney-General wrote in 1853:
"It shall be given to the founders of this colony to be also the instruments of
preserving a barbarous native race, and of raising them in the scale of civilisation
to a level with ourselves." (in Ludbrook)
The comment echoed the desire expressed earlier by the missionary, Wakefield, to lead "a
savage people to embrace the religion, language, laws and social habits of an advanced country" (in
Pawson 1986:8). Records from the 19th century are replete with similar sentiments (Ward 1978).
Throughout the 20th century the underlying policy of integration has remained. As late as
1960 the Hunn Report, which formed the basis of Maori Affairs policy, "reiterated the promotion of
'integration' in order to bring the Maoris into the modern world." (ibid 1986:35). The Listener in
1973 stated in an editorial that to "suggest that there exists a 'Maori' culture in which some New
Zealanders could find a life pattern sufficient to sustain a 'sense of identity, distinct from 'European'
culture is just as fallacious as saying the Scots, Dutch and others could isolate themselves in the
culture of their particular tribal backgrounds. We New Zealanders are one people together on a
common voyage to an irresistable future." (Cross 1973 quoted in Pawson, 35)
Integration or assimilation has historically been the racial policy in New Zealand. As indicated, 7
"
I
however, it has basically amounted to a rejection of Maori values in favour of European ones. This is ;.
illustrated most clearly in the legal arena. Maori customary law has been replaced by colonial or
settler law. Within settler law, little or no recognition, with the exception of some recent Acts (e.g.,
the 1983 Fisheries Act) has been given to traditional Maori attitudes to the environment.
17
Yet despite 200 years of culture contact with Europeans, and an active policy of integration, a
distinctive Maori culture has survived. A group consisting of about 10% of the NZ population still
identify themselves as Maori, in the 1981 census. This group, notes Stokes, "refuse to be
assimilated into some vague, amorphous cultural amalgam called New Zealand culture" (1979:1).
This does not mean, however, that there is one cohesive set of attitudes amongst this group. Pat
Hohepa comments:
"To speak of the Maori people is of course to simplify issues greatly, because that
sector has many faces and attitudes. There is a majority of under twenties, mainly
urbanised, and with little knowledge of Maori. There are rural belts where there is
a measure of autonomy of Maori tribal groups and where traditional and cultural
practices have been continuous since original ancestors of the group peopled
the area. There are rural belts where migration from other areas has been
relatively recent and post-European. Then there are areas in or near cities where
the voices of the young and dislocated are often heard, and these contrast vividly
with entrenched communities virtually untouched by the rumblings of discontent.
And if there is discontent in the entrenched and solid Maori communities the
voices rarely reach the outside world but echo forlornly around the near-empty
maraes. There are persons of Maori descent who are Pakeha in all but
appearance and there are persons who are more European in appearance than
Maori but are Maori culturally. (Stokes 1979: 1)
Maori culture today is obviously different from that which existed before the arrival of
Europeans. Culture can never be considered a static phenomenon; it is dynamic and subject to
constant change. The Maori people have undergone different degrees of incorporation into a
European system. Thus while a more or less cohesive picture of pre-European Maori life can be
built up which provides some means of establishing what a Maori attitude to the environment was
essentially like, today a much greater diversity of views exists. A legitimate question is how relevant
are the mythical and spiritual values which classify the traditional Maori view of the environment to
the Maori today?
An examination of recent development projects, show clearly that traditional values are still
strongly held. Conflicts over the way in which the environment is used indicate a clash of values
between those of the Maori and of the Pakeha developer. These have been made particularly
evident through the hearings of the Waitangi Tribunal. Here for the first time a forum has been
established with the expressed brief of considering Maori grievances. The claims brought before it
illustrate a perception that is rooted in a traditional Maori view of the environment. The following
examples are evidence of this.
18
2.4 CONFLICTS OF PERCEPTION
These conflicts have gathered most attention with the implementation of large development
projects. Many of these were instigated under the National Government policy of "Think Big" which
aimed to utilise the natural resources of New Zealand in order to reduce the reliance on overseas
imports. There have, however, been other areas of conflict associated with more local projects
which have raised the ire of many Maori. Three examples are focussed on here to illustrate the
current values held by many Maori today.
The first example is the claim made by the Ngati Pikiao, a sub-tribe of Te Arawa, to the
Waitangi Tribunal. These people objected to a proposed sewerage outfall that was to pipe treated
effluent from Rotorua City's sewerage system and discharge it into the Kaituna River. The intention
of the scheme was to reduce the quantity of nutrients entering Lake Rotorua. The claimants
maintained that the Kaituna River was of great significance to the Te Arawa people as a whole,
particularly where it met the sea at the Maketu Estuary. It was here that the Te Arawa canoe first
landed on its arrival in Aotearoa. Furthermore, the estuary and a surrounding coastal strip of about
50km in length was the only piece of coastline where kaimoana (food from the sea) was collected.
The claimants asserted that "to mix waters that had been contaminated by human waste with 7
waters that were used for gathering food was deeply objectionable on Maori spiritual grounds .... " ')
Maori custom ... requires water used for the preparation of food to be kept strictly separate from any
kind of other purposes" (Waitangi Tribunal 1984:11-12). If the pipeline was to go ahead elders of
the Ngati Pikiao tribe made it clear that a tapu would need to be declared over the area and this
would constitute" a grave loss of tribal mana" (ibid:12). Other submissions to the Tribunal stressed
the ancestral links with the Kaituna River area and demonstrated the deep-seated spiritual
attachment to the region. An elder warned on television of the possibility of violent resistance if
their concerns were ignored (29 October 1986).
19
The claim made to the Waitangi Tribunal by the Te Ati Awa Tribe in relation to the fishing
grounds in the Waitara District (Taranaki) illustrates further the feelings of the Maori people to
despoilation of traditional areas. This case centred on the fishing reefs of the north Taranaki bight.
"Collectively they constitute one of the most extensive traditional fishing reefs of the Maori people.
They are referred to in the songs and legends of the Te Ati Awa people and were a source, not only
of food, but of tribal pride and prestige." (Waitangi Tribunal 1981 :9). The Tribunal goes on to say:
"Kaimoana has an intrinsic cultural value manifested in manaaki (token of esteem)
for manuhiri (visitors)." The attitude was expressed in a submission to the tribunal
... mataitai (seafood) is very valuable, more valuable than meat-without that our
table is nothing ... "
(in ibid)
Particular cultural practices and preferences govern the Te Ati Awa stewardship of their reef and
river resources. The Tribunal found that the discharge of sewerage and industrial wastes violated
the cultural significance of the reefs and that they were likely to be further deleteriously affected by
the outfall from the Synthetic Petrol Plant.
In another example a case was brought against the NZ Steel Company for the expansion of
its mill south of the Manukau Harbour. Water for the project was to be pumped from the Waikato,
used and treated at the mill, and discharged into the Manukau Harbour. The Maori objection was
based on the cultural and spiritual relationship of the Tainui people with the Waikato River and
Manukau Harbour. The Tainui Trust Board submission to the Waitangi Tribunal stated:
According to the spiritual beliefs of the Maaori, the Waikato River has its own
"mauri" (life force). The wellbeing of all Jiving things in the River and its environs is
dependent on the "mauri" of the river. Similarly the Manukau Harbour has its own
"mauri" which is the source of life-giving good for marine creatures that reside
there and tribes living on its shoreline. The spiritual essences of the Waikato and
the Manukau provide the aboc:Je for their respective taniwha (guardians).
Because the Waikato is Wai Maaori (freshwater) and the Manukau is Wai Mata tai
(saltwater), it is inimical to the spiritual beliefs of the Maaori to mix water from the
Waikato with the waters of the Manukau. This mixing gives offence to their
respective taniwha.
Not all Maori - Pakeha conflicts have been associated with large projects. Many are local and
small in scale. An example of such a reaction is reflected in a letter sent by the Raukawa
Development Trust to the Waipa County Council in TeAwamutu. It protested against the
construction of a water reservoir by the local Council on a site sacred to the Ngati Raukawa. This
very erudite protest is included in appendix 3.
20
It is evident,therefore,that despite the wide spectrum of attitudes held by Maoris today, a
great number still hold the elements of their traditional cultural heritage in common. Furthermore,
these form not only an important part of the way in which they view the world but constitute a
unifying basis of Maori culture itself. Because these values to date have not been appreciated, or
have fallen outside the realm of understanding of the predominant Pakeha perception, they have
tended to have been overlooked. Moreover, the prevailing attitude of early colonisers in New
Zealand, as it was throughout other parts of the world, was one of superiority. Their expressed
intention was to elevate the "inferior" values and customs of the Maori to the "heights" of the
European. The continuance of the belief that "we are one people" nurtured these policies of
integration, and has resulted in the dominant Pakeha view of the world being accepted as the only
, one. It is only recently when Maori values have come into conflict with those of the Pakeha,
frequently through the forum of the Waitangi Tribunal, has there been a realisation that different
values exist, and are strongly and genuinely held.
This chapter has established, therefore, that despite 200 years of contact with Europeans,
values uniquely Maori are still held. It has attempted to indicate by the use of examples their nature
and existence. While it would be impossible to state all of these values here, given also that values
vary between different tribes, it is easy to establish that they have derived from a particular
perception of the world-and that this conflicts with a European perception. The next step is to
investigate why these values should be recognised in decisions concerning resource development
and environmental use.
21
Chapter 3
Why consider Maori Values?
The identification of strongly held customs and values in the previous chapter raises the next
question of why these merit specific consideration. It is important to justify why Maori values, as
opposed to those of other minority groups, should be specifically considered before any attempt
can be made to incorporate these more adequately into environmental decision-making. Following
a general discussion on the need to respect the rights and values of minorities, two aspects which
relate to the Maori situation are investigated: first, their position as the tangata whenua or original
inhabitants of New Zealand; and second the significance of the Treaty of Waitangi.
On a general level, society is based on respect for the values of minority groups. This
principle is a recognised pre-requisite for a fair and equitable society. Moreover, the principle is a
fundamental because society is ostensibly a composite of minority groups, whether they be
cultural, religious or whatever. There is, therefore, an inherent element of reciprocity - one respects
another's values in order that they in turn respect one's own. The Maori is a minority cultural group
within New Zealand. Despite the difficulty ascertaining the boundaries of such a group, given the
policies of assimilation and that most Maori are no longer full-blooded, there remains a sector of the
population who identify themselves as Maori as opposed to any other cultural group. Society,
therefore, in accordance with the principle above, should respect the values held by them.
To respect the values of others for the most part involves little or no cost. For example, Jews
as a minority have the freedom to worship and structure their lives according to their values and this
does not infringe upon the values of others. Nor are these values ascendent above those of
another minority group or interest. There is, however, a distinction with the consideration of Maori
values. These are often elevated to a position of greater significance, to be taken into specific
account. Moreover, their inclusion into the decision-making process may involve costs to be borne
by others in society. The following section establishes the basis on which the Maori has to be
specifically considered.
22
3.1 TANGATA WHENUA
The Maori are the tangata whenua (original inhabitants) of New Zealand. As such, they have
added claim that their values be given specific recognition. Three reasons are advanced in support
of this statement. First, the Pakeha who came later, has traditionally ascribed some importance to
the right of discovery and previous occupation. This has, however, been commonly applied only to
those who conform to a European concept of statehood. Nevertheless, it would be argued that
Maori in principle, despite the tribal nature of their occupancy, possessed the attributes of both
discoverers and occupiers. Therefore, on the grounds that the European colonisers should apply
their policy consistently, the Maori have additional standing as original inhabitants under European
tradition.
Second, the Maori had no choice concerning the arrival of the Pakeha. Colonisation
occurred, and would have occurred, regardless of whether the Maori wanted it to. Unlike other
minority cultures who have since migrated to New Zealand, and who have chosen to come, the
Maori lacked this option. Moreover, the Maoris had, as indicated in l!le.previQyQ.hagter, an intimate " ~
relationship with the landscape. This attachment had special social and cultural significance I,.
particularly within their tribal area and precluded any option of migration elsewhere. For this reason .J
they deserve special regard.
Third, the values and customs which make the Maori culture distinctive are found only in New ~
Zealand. If these are lost there is no other place where they can be rejuvenated and they will,
therefore, die. The Maori in this respect, join with others (e.g., the Inuits of Canada, Aborigines of
Australia) who are commonly termed the fourth world - indigenous inhabitants of nations who live
within the laws and institutions of another culture (Dyke 1985). This does not mean, however, that
the Maori culture should be preserved as it was 200 years ago. Culture is a dynamic concept and V ~
constantly changing. There are aspects of it, however, as shown in chapter three, that remain
strongly held. It is the Maori who must decide what in their culture is important and to be preserved.
In light of these arguments it therefore behoves the majority culture, who occupy the position of
power, the responsibility to ensure that the values and customs recognised by the Maori people are
respected and preserved.
23
3.2 TREATY OF WAITANGI
The Treaty of Waitangi when signed in 1840 by chiefs ot many North Island tribes and
representatives of the Crown, acknowledged the position of the Maori as the tangata whenua
(original inhabitants). This recognition by the European colonisers gives historical support to the
three arguments above. The Treaty, however, has long been a focus for debate. Sir James Carroll
speaking ot the Treaty noted:
So complete has the contusion both in law and practice become that
lawyers of high standing and extensive practice have testified on oath that if the
legislature had desired to create a state of confusion and anarchy in native land
titles, it could not have hoped to be more successful than it has been. Were it not
that the facts are vouched upon the testimony of men whose character is above
suspicion and whose knowledge is undoubted, it would be well-nigh impossible
to believe that such a state of disorder could exist.
(in Haughey 1976)
Despite the confusion, the Treaty is still regarded as a critical document. The Waitangi
Tribunal 1985 stated that it "obliges the Crown not only to recognise Maori interests but actively
protect them". For this reason, it is worthy of comment here. The fol/owing discussion examines
first the content of the Treaty, second its validity as a binding document, and third, what it means
today.
Confusion is apparent between the English and Maori translations. One Maori version (the
one that was actually signed) and five English versions of the Treaty exist. The first of the three
articles, for instance, ceded 'sovereignty' to the Crown, a concept most closely matched by that of
'mana'. But the Maori text uses 'kawanatanga', a word created by missionaries for governership, and
fitling more readily with the flexibility inherent in 'ariki', or leadership (Pawson 1986: 11). Had the
chiefs believed they were ceding their mana it would have been highly unlikely they would have
signed.
In Article II, the Crown confirmed and guaranteed to the Maori signatories the full exclusive
and undisturbed possession of their lands and estates, forests, fisheries and other properties. Mr
Williams, who was responsible for preparing the Maori version, translated the guarantee as one of
" ... te tina Rangatiratanga". He went on to specify the land (ratou whenua), the estates (ratou
kainga) and included the English references to "forests fisheries and other properties" in the
phrase "ratou taonga katoa" (all things highly prized) (Waitangi Tribunal 1984).
24
By including the phrase ratou taonga katoa, the Maori version goes further than the English.
In the 1986 Te Reo Maori claim to the Waitangi Tribunal, the Maori language was established on this
basis as something 'highly prized'. Frame (1981) also notes the expression 'ratou taonga katoa'
might be regarded as extending beyond physical property and encompassing culture generally,
including customary law. Thus Maori values would also be relevant under Article 11- these, like the
Maori language, would constitute a "taonga".
Moreover, the word "guarantee" in Article " of the English text was emphasised in a
submission by the International Commission of Jurists to the 1986 Te Reo Waitangi Tribunal case.
This stated:
the word (guarantee) means more than merely leaving the Maori people
unhindered in their enjoyment of their language and culture. It requires active
steps to be taken to ensure that the Maori people have and retain the full
exclusive and undisturbed possession of their language and culture ... rThe
situation could be different if the Treaty merely required the Crown to permit to
the Maori people the full exclusive and undisturbed possession of the Taonga.
Having so permitted, it could be argued that a policy of benign neglect amounted
to compliance: However it adds, 'The word guarantee imposes an obligation to
take active steps within the power of the guarantor, if it appears that the Maori
people do not have or are losing, the full, exclusive and undisturbed possession
of the Taonga .. '
(in Waitangi Tribunal Findings 1986)
The Treaty of Waitangi, therefore, guarantees (in an active sense) the full exclusive and
undisturbed possession of taonga - which can be construed to include Maori environmental values.
Since its signing, however, the Treaty has been rejected as a binding document in law. In 'fjj
Parata v the Bishop of Wellingon etc, 1877, Judge Prendergast the Chief Justice noted "that so far
as it ... purported to cede sovereignty ... it must be regarded as a simple nullity". In 1941 the Privy
Council in the case of Hoani Te Heu Heu v Aotea District Maori Land Board further described the
position of the Treaty in law. It stated:
It is well settled that any rights purporting to be conferred by such a treaty of
concession cannot be enforced in the Courts, except insofar as they been
incorporated into the municipal law ...
(in Waitangi Tribunal 1984: 20).
25
The main reason cited for not recognising the Treaty has been the question of its validity in
international law. In that context, it can be deemed valid only on the basis that the Maori signatories
were possessed of the characteristics essential for legal personality. "This requires: first a
permanent population, next a defined territory, third a government to which the mass of the people
render habitual obedience, and, finally independence" (Molloy 1971 :2).
Quite obviously, these stipulations reflect a European attitude and concept of the state. It
was the third characteristic on which Prendergast delivered his judgement of the Court in 1877. He
stated:
"On the foundation of this colony, the aborigines were found without any kind of
civil government, or any settled system of law. There is no doubt that during a
series of years the British Government desired and endeavoured to recognise
the independent nationality of New Zealand. But the thing neither existed nor at
that time could be established. The Maori Tribes were incapable of performing
the duties, and therefore of assuming the rights of a civilized community."
(in Molloy 1971: 2)
Recent research, however, has indicated that the Treaty does have legal standing. McHugh
(1984) claimed the decision made by Prendergast to be wrong because it was based on a concept
of international law and not on established principles of colonial law. The colonial policy of the
British Crown, he maintained, is demonstrated as far back as 1609 and was recognised in a number
of subsequent decisions by the Privy Council, and in various West African settlements where
treaties were concluded. In these, the policy included "punctilious recognition of the rights of
indigenous peoples wherever the British flag was raised" (in Waitangi Tribunal 1984: 23).
Furthermore, a recent ruling by the International Court of Justice would seem to validate the
status of the Treaty even under international law. In its Western Sahara opinion in 1975, the
International Court of Justice recognised that even nomadic tribes were possessed of certain rights
over their migratory routes. It nomadic tribes could exercise territorial rights, it would seem that the
more territorially based Maori would possess rights pursuant to the promises exchanged in the
Treaty (P. Joseph pers. comm 22.9.86).
26
In conclusion, the Treaty of Waitangi when signed, acknowledged the Maori position as
original inhabitants, and guaranteed to protect their :taonga' or treasures. Taonga has been
interpreted broadly and can therefore be construed to apply also to Maori values. Although the
Treaty was dismissed as a binding legal document in the nineteenth century, the evidence on
which the dismissal was based has of late been seriously and the validity of the Treaty
upheld. Consequently, its present status isthat it still represents an agreement on the part .of the
Crown to protect Maori interests.
Most importantly, asfurther validation to the argument above, the status of the Treaty has
been recognised and held in sufficient regard for It to be enshrined into recent legislation. In 1975
the Treaty of Waitangi Act established the Waitangi Tribuna/. The purpose of the Tribunal is to
investigate concerns which the Maori claimants to it felt were "inconsistent with the principles of the
Treaty" (section 6(1) Treaty o(Waitangi Act 1975). Furthermore, the 1983 the Fisheries Act
(Section 88(2)) expressly protects Maori fishing rights that are guaranteed in Article II of the Treaty.
And in December of 1985 the Treaty of Waitangi Amendment Act expanded the size and extended
the brief of The Waitangi Tribunal to cover issues dating back to 1840. Although its powers remain
oiles of recommendation and not enforcement, it is clear that the move to establish such a body
indicates continued acknowledgement of the Treaty of Waitangi as an agreement to respect the
traditional values of the Maori people.
The Treaty today, therefore, remains an acknowledged commitment to protect the cultural
interests of the Maori. The Waitangi Tribunal in 1986 stated that "because of the Treaty, Maori New
:::ZeaIanders stand on a special footing reinforCing, if reinforcements be needed, their historical
position as the original inhabitants, the tangata whenua of New Zealand" (1986: 34). Recognition-of
the Treaty in statute is a recent occurence, and attempts to reconcile what it guarantees, and the
extent to whiGh this guarantee is absolute, in the context of today is still evolving. One of the most
f Significant features of the Treaty is that it has become a focal paint in the recent resurgence of Maori
culture. It has been identified as a symbol which guarantees the Maori recognition and protection of
their culture. Given the present volatility of debate, the precise status and degree to which the
Treaty will be applied in the future is difficult to forecast.
27
The Maori, therefore, holds a special position as a minority as compared to other minorities in
New Zealand. Because of their position as original inhabitants, their culture, customs and values, 2
which determine their relationship with the environment, are found solely in New Zealand. 5
Moreover, their position was acknowledged and their customs and values guaranteed protection
under the Treaty of Waitangi. The Treaty has been shown to still be a valid document and is being
increasingly recognised as such. For these reasons then, the Maori has a right for their values to be
specifically considered in environmental decision-making.
28
CHAPTER 4
CONSIDERATION OF MAORI VALUES IN DECISION-MAKING
The previous chapter established the case for specifically considering Maori values. Chapter
two outlined Maori cultural values within the context of the traditional way in which the Maori
understood and used the natural world. Conflicts that have arisen from recent development
projects have served to illustrate two things. First, that Maori values, consistent with a traditional
perspective, are still in evidence today. Second, the existence of conflicts from resource
development projects indicates that these values have not been taken into account to the
satisfaction of their adherents. The next step, which is the objective of this chapter, is to investigate
the present environmental decision-making procedures and identify the obstacles which inhibit the
consideration of Maori values and, therefore, prevent resolution to these conflicts.
Decision-making, is concerned with making choices between competing uses of the
environment. These can be made on a number of different institutional levels from a governmental
level, such as is illustrated by the present transformation of environmental administration, to a local
"on site" level. Ciriacy-Wantrup (1967) has formalised the hierarchial structure of decision-making
and maintains that decisions occur at three different levels - an operational (the lowest), an
institutional, and a policy level. Bromley (1977) has expanded this framework and added a
constitutional level. A summary of this hierarchical decision-making structure can be seen below:
1. Decisions at constitutional level determine the basic rules and statutes of society.
e.g., Parliament, Parliamentary select committees, cabinet committees, caucus
committees.
2. The second level is the legal framework. This includes the interpretation of laws
which determine the range of institutional relationships and structures. e.g., Planning
Tribunal, High Court.
3. The organisational level gives meaning and substance to the policies and laws above.
It will include regional and local bodies, government departments.
29
4. At the operational level decisions are implemented from the decisions of the agencies
at the organisationalleve/. Here changes result more from second level legal or policy
changes than from changes at the organisational level.
(Neeson 1983: 47-48)
With respect to the consideration of Maori values, attention is directed here at the upper levels of
the decision-making. It is beyond the scope of this study to analyse the entire decision-making
process. As a result, three components considered integral to the incorporation of Maori values are
investigated. The first examines the provision within the major environmental legislation for the
inclusion of Maori values. Such an examination is important because the legislation establishes the
rules and parameters within which decision makers, at the levels identified, operate. The second
component investigated is the communication which exists between Maori groups and those
people within decision-making bodies. As Maori values are foreign to many within these bodies, it is
essential that they are given the opportunity to understand Maori concerns, and that in turn, Maori
people are able to articulate proficiently with the decision-making procedure. Finally, the Planning
Tribunal, established under legislation, .is the primary judicial body involved with the resolution of
environmental use and conflict. For this reason, attention is centred on the means by which it
considers Maori values.
4.1 ENVIRONMENTAL LEGISLATION
For most of the period since 1875 when Chief Justice Prendergast became head of the New
Zealand judiciary, the Treaty of Waitangi which guaranteed the protection of Maori interests as
mentioned in chapter two, has not had recognition in statutory law. Because of this, the Treaty has
been unable to be enforced in New Zealand courts. Moreover, Kenderdine (1985) notes that in the
145 years since the signing of the Treaty 14 Statutes have been introduced which impose upon
principles of the Treaty.2 In addition, 3,000,000 acres of land were confiscated after the Land Wars,
60,000,000 acres transformed from communal title to individual title, and various other Acts and
bodies established to direct and oversee fisheries, harbours, and waterways. State departments
and authorities have taken the place of traditional Maori authorities with regard to environmental
(
~
30
management. The following discussion investigates the degree of credence given to Maori values
and cultural concepts both by major environmental legislation and within government departments
concerned with resource management.
4.1.1 Town and Country planning Act 1977
The submissions made by the New Zealand Maori Council to the planned amendment of the
Town and Country Planning Act in 1973, pointed out that "in the Maori view land was endowed with
an intrinsic value 'infinitely greater than its commerical worth'" and that in spite of the fact that the
majority of Maoris lived in the cities, the emotional ties which link Maoris to their land are as strong
today as they ever were (Isaac 1980: 5-6). Largely in response to these submissions the 1977 Act
gave specific recognition to Maori concerns. Section 3(1)g stated:
.. , the following matters which are declared to be of national importance shall in
particular be recognised and provided for: the relationship of the Maori people
and their culture and traditions with their ancestral land.
Together with seven other sections,3 s3(1)g was considered to be of national importance in
environmental management. In addition, s4 of the Act ensores that Regional District and Maritime
Planning:
"shall have for their general purposes the wise use and management of the
resources, and the direction and control of the development of a region, district
or area in such a way as will safeguard the health, safety, convenience and the
economic, cultural and social and general welfare of the people and the amenities
of the region.
Further on in s36, provisions are also included for Local Authorities to have regard to different Maori
and minority uses. This includes provision for Marae and ancilliary uses, urupa reserves, pa and
other traditional and cultural Maori uses, and the relationship between land and water use.
31
Although statutory recognition to this degree led to the belief that Maori interests were
adequately protected, difficulties have still arisen. In particular, debate has focussed on the
Planning Tribunal interpretation of "ancestral" land. In the 1978 case, Quiltet v Mongonui County
Council the appellant wanted to construct a shed on land that Maori people regarded as important
ancestral land because it was the site of an old burial ground. The Tribunal ruled that as the land was
no longer in Maori ownership , it could not be considered ancestral land. The Judge in this case
considered it a "startling proposition" that land not owned by Maoris be considered ancestral.
However, as Palmer (1982: 35) comments:
... nothing in the paragraph 3(1)g specifically requires the ancestral land to be in
Maori ownership and, with respect, it is considered that this interpretation is too
narrow and it is the history of the land which is important, not the issue of
ownership.
The issue has yet to be debated fully in court. Planning Court Judges appear reluctant to rule on
ancestral land without a Parliamentary directive (Treadwell pers. comm 28.7.86).
Furthermore, Kenderdine points out that the section providing for Maori interests is but one
of a number of other issues of national importance. Citing Orton V Taupo County 0 no. A93/84,
she notes:
"precedence has established that s3(1)g of the Town and Country Planning Act should be
considered in the context of the whole Act and that the section is not to be read as relating
to absolutes but merely to important factors to be taken into account with everything else.
The degree of national importance apportioned to one of the criteria detailed in this
section may be in direct conflict with another and in pursuing the conservation, protection
and enhancement of the physical, cultural and social environment, account must be taken
of all New Zealanders" (1985:254)
4.1.2 Water and Soil Conservation Act 1967
The long title of the Water and Soil Conservation Act (W SC Act) outlines the philosophy
adopted for the use of water.
An act to promote a National policy in respect of natural water and to make greater
provision for the conservation, allocation, use and quality of natural water and for
promoting soil conservation and preventing damage by flood and erosion, and for
promoting and controlling multiple uses of natural water and the drainage of land,
and for ensuring that adequate account is taken of the needs of primary and
secondary industry, community water supplies, all forms of water based
recreation, fisheries, and wildlife habitats and of the preservation and protection
of the wild, scenic and other natural characteristics of rivers, streams and lakes.
32
Neither in the title nor elsewhere in the Act is recognition specifically given to Maori values. They
are, by assumption, part of the public interest, and therefore, have no special standing. Any case
for their protection, therefore, must be claimed under a general criteria for their consideration. The
Act also provides for rivers and waterways to be used for the transport of waste and sewerage and
water rights are able to be issued for this purpose. Section 21 (3) specifies that one of the functions
of natural water is for the carriage of wastes, and acknowledges the right of regional authorities to
use waterways for the emergency discharge of effluent if sewage treatment should fail. This' clearly
conflicts with a Maori perception of water, as illustrated in the Kaituna River case mentioned in
chapter two. Traditional practices regarding water centred around the preservation of its mauri, of
which there were several classifications (see appendix 2) which determined how they were to be
used. In addition, rivers and estuaries have been traditional centres for food collection, and many
had special significance to particular tribes for their medicinal and spiritual qualities.
The consideration of spiritual values associated with water was dismissed in the 1982 case
Minhinnik V Auckland Regional Water Board and Waikato Valley Authority. The objectors had
maintained that the mixing of water from the Waikato River and Manukau Harbour in conjunction with
the New Zealand Steel Mill expansion, would be spiritually and culturally polluting. However, the
Judge concluded that "there is nothing in the Act which will allow us to take those purely
metaphysical concerns into account. To the extent that spiritual and cultural values are incorporated
in technical and factual considerations they are recognised under the Act but not further."
(Minhinnik v the Auckland Regional Water Board and Waikato Valley Authority (1982) Recent Law
190.)
33
4.1.3 Envjronmental protection and Enhancement Procedures
Following initiatives in North America, New Zealand introduced in 1974 its own eAvironmental
protection and enhancement procedures (EPEP). These were to form the basis for environmental
impact assessment (EIA) and reporting (EIR). The EIA process introduced in the EPEP was not a
statutory system, its authority stems from a cabinet directive, not legislation (Morgan 1983). The EIA
process is included in only two statutes, the Mining Act 1971 and the National Development Act
1979 - which is soon to be repealed. The Commission for the Environment, established in 1972 as
an independent advisory body to the Minister of the Environment, is responsible for administering
the EIA process. The Commission audits EIAs and presents any evidence on the environmental
consequences it considers to be relevant. It too has no statutory powers.
Although the initial reaction by many to the introduction of the EPEP procedures and EIA in
the 1970s was optimistiC, expectations were not fulfilled by the general operation of the system.
First, subsequent revisions introduced four alternative approaches to evaluation, the formal EIR
process being reseNed for major projects of significant impact. ot the three other alternatives, only
one guaranteed public involvement (Morgan 1983: 149). The National Development Act further
limited public participation by restricting the breadth of issue the Planning Tribunal was able to
consider. Second, although impact assessments take place before the granting ot consents by the
Planning Tribunal, the audits are not admissable as evidence at any Tribunal hearings (Kenderdine
1985).
The result has been that many EIAs have been conducted by the Authority concerned with
granting consents to a project with little, or any, public and therefore Maori involvement. In cases
where a more tormal EIR has been undertaken, audits have been carried out by the Commission for
the Environment. These have frequently supported the protection of Maori values. Among the
more notable where the Commission for the Environment addressed itself to Maori concerns, have
been the Ohaaki Geothermal Power Station in 1978 near Taupo, where the preferred option at the
Commission was eventually adopted; the Synfuels Plant in Taranaki; the New Zealand Steel.
expansion in South Auckland; and the Kaituna River Pipeline where the Commission backed up the
Maori concerns and recommended against the pipeline (ibid). However, because these audits are
34
unable to be used as evidence in Tribunal. hearings, they have had little bearing on the cases heard.
4.1.4 Public Works Act 1981
Following the introduction of the Public Works Act 1981 (PWA) the power to take land.
compulsorily has been limited to defined "essential works" (Palmer 1982).4 The list of essential
works defined in s2 PWA is stilllong.
S
Where land is deemed to be needed for an essential work,
the PWA emphasises that prior negotiation must take place beforehand. The owner, if negotiations
do not produce agreement, has a further opportunity to object at the Planning Tribunal. Here, both
the objector and the Tribunal have the right to inquire into the extent to which alternatives will meet
uie objectives of the Minister or local authority. In the discussion of alternatives, the matters of
national importance identified in the TCPA 1977, for example, s3(1)g, are able to be taken into
consideration. Under the PWA, the Tribunal is directed to prepare a report as to "whether the
proposed taking is fair, sound and essential for achieving the objectives of the Minister or local
authority. "
The Tribunal findings, however, are not binding under the PWA and the Minister is able to
proceed with a work regardless of the recommendations of the Tribunal. Where acquisition
proceeds, compensation for land taken is calculated on current market values, although an attempt
has been made to facilitate an exchange of land. The only allowance for compulsory taking of land
(see s62, 72) is a $2000 home loss solatium grant for a person dispossessed from a private home
(Palmer 1982). In the removal of the Rotowaro township, as part of the Waikato Coalfield
developments, this was found to be insufficient to cover the extensive costs of shifting house.
6
More importantly, monetary compensation for acquisitioned land, raises the question as to whether
this is an appropriate means to compensate Maori people whose attachment to land is demonstrably
more significant than can be measured simply in terms of market value. In short, the question to be
asked is that whether ancestral land be measured in dollar values.
35
4.1.5 Government Departments
Our present state authorities have originated from a Western cultural foundation. For the
most part, the functioning of these insititutions have been accepted as being universally applicable,
given the policy integration. Recently, however, there has been some questioning of how culturally
appropriate these are. The most notable examination has been the Ministerial Report on the
Department of Social Welfare. The findings of this report noted that the Department did not provide
for the cultural requirements of Maori people. It concluded that while in general the staff were
dedicated and committed, the Department itself reflected aspects of institutional racism.
The task of Government departments is to put into practice the policy of the elected
government. Although their range of activity is determined by these policies and the legislation
under which they operate, they also possess them considerable discretion. While present
departments are making some moves to accommodate and incorporate Maori values, the factors
above which guide their operation are frequently used as an explanation as to why these initiatives
do not progress further (see Douglas 1984: 46-49). Mahuta argues that state authorities have
considerable flexibility which would allow them to be more sensitive of Maori concerns if they wished
to be. In support of his argument, he questions, for example, why in the space of one decade there
have been two other possible sites found for a thermal power station, when during the proposals for
the Huntly Number One, it was maintained by the departments concerned there existed only one
suitable site - directly adjacent to the Waahi Marae. In another example he refers to the taking of
land under the Public Works Act. Here, Mahuta maintains, the understanding has been that once
the land has been taken, and no longer required, for instance by the Ministry of Works, it should be
returned to its original owners - yet in the cases of Bastion Point, Raglan and Awhitu this has not
occurred. He adds, these are examples "of where, when Maori try to interact with departments and
authorities, the rules are being changed all the time, but only from one side. Our people see
themselves continually as the victims" (ibid 1984: 48). Often, insensitivity is the result of a poor
understanding of the values and activities of the other group. Communication therefore, is an
essential component and is the subject of discussion below.
4.2 COMMUNICATION
"The critical issue is communication, between the planners and the
community and within the community. This implies that there must be some
people available to do the communicating; people who can comprehend the
complexities of the project, including formal planning processes, and convey
these to the affected community and transmit local concerns back to the
planners" . . (E. Stokes 1980: 11)
36
In order for Maori values to be taken into account they need to be communicated to those in
decision-making positions. Similarly, proposals for development projects or environmental change
need also to be communicated to Maori people most likely to be affected. The following section
investigates the means by this occurs and to what extent it can be deemed adequate.
4.2.1 Representation
The introduction of the Town and Country Planning Act in 1977 included a provision for the
first time for Maori representation on regional planning bodies. Its aim was to increase the number of
Maoris in decision-making and provide for greater input. The Act states:
"Where in the opinion of the united or regional council there are significant Maori
landholdings within its region, the Council may request such Maori District Council
as it considers most appropriate to nominate a representative of the Maori people
in the region as a member of the regional planning committee."
Although the provision is a first step towards the inclusion of a greater Maori presence, it has
also created some difficulty. First, as Anderson (1983) notes, the decision to include Maori
representation is discretionary. It is dependent on the phrase "significant Maori landholdings"
which is that land under Maori ownership. This could be taken to mean the size of landholdings,
t ~ _ p ~ ~ a l , or their cultural significance to the people, particularly if the land area is
diminished from traditional times (Asher 1980). A valid question would be to ask why size of
population is not a factor. Furthermore, the decision to include Maori representation is made by the
regional body. In the case of the Auckland Regional Authority Planning Committee, representing
an area with a large Maori population, this was only passed by the consenting vote of the
chairperson after a Maori deputation had presented its case (Anderson 1983).
/
37
Second, tribal boundaries, Maori District Council boundaries, and united or regional council
boundaries do not correlate, as can be seen in maps 1-3. There is a problem therefore, of which
Maori District Council is "most appropriate" to be represented on the regional body. Moreover, the
member chosen by the District Maori Council may not represent the greatest number of people, or
conversely, the greatest land area, or even the dominant tribe. Whatever the outcome, it is likely
that some tribe within the regional council area may not be represented (ibid). Mahuta, with
reference to the Tainui Trust Board, adds, "local Maori groups, whether they are tribal or whatever,
clearly identify the most appropriate Maori authority they believe should represent them. But they
have no status in terms of local authority" (in Douglas 1984).
An additional problem with the District Maori Councils is their lack of resources. Although
they receive copies of regional and district planning schemes, there is commonly too few
sufficiently qualified staff, who would be required on a voluntary basis, to scrutinise and lodge
objections to these. The underfunded and staffed nature of these organisations reduces their
effectiveness in communicating particular Maori concerns.
4.2.2 Notification
The construction of Huntly Power Station in the 1970s presented the Tainui people in the
region with the task of dealing with bureaucratic procedures. On the subject of public notification of
projects such as the Huntly Power Station, Stokes writes:
The form of public notification of a public work is usually a Public Notice in
the newspaper which may not be seen, or a letter, written in a language which is
often incomprehensible to the average layman, Maori or Pakeha."
(1980:10)
By law, notification of a development proposal needs only to be made, other than via public
notification in a newspaper, to those landowners who will be directly affected. Many Maori people
are likely to have cultural affiliations.with the area, despite it not being in their ownership. M o r e o v e r ~
projects do not have isolated geographic impacts. The coal mining operations a number of
kilometers from Waahi Marae, for instance, have still had a deleterious effect on the number of puhi
(eels)caught in a stream close to the Marae - traditionally puhi have been a source of mana for hui
A COMPARISON OF THE BOUNDARIES BETWEEN
THE DISTRICT MAORI COUNCILS, MAORI TRIBES
AND REGIONAL COUNCILS
MAP: 2
MAmI TRIBES OF NE\v ZEALAND
ttJrth Island Tribes
1. Te Aupiiuri
2. Te Rarawa
3. Ngapuhi
4. Ngiiti
5. ttJat i Akarana
6. N"giiti Tai
7. Ngiiti Paoa
6. Ngati M3ru
9. Ngiiti Tanatera
10. Ngiiti Whanal.OJ3
11 Ngati Haua
12. Ngati M3huta
11 Ngliti M3niapoto
14. Ngai Te Rarqi &
Ngati Rangloo
15 Te Arawa
16. Ngati Tilwharetoa
17. Te Ati Awa
lB.l!lhoe
19. WhakatChea
20.Te Whhlu-a-Aparui
21 Ngati Porou
22.
23. Te Aitanga-a-Miihaki
24. Ngiiti Kmungunu
25. Nga ti POneke
Toa
27. Rang i tline
28. Muaupoko
29. Ngah Apa
30. Ngati Raukawa
31. Ngiiti !-Iau
32. Ngarauru
31 Ngiiti Ruanui
34. Taranaki
35. Ngati Tim!.
.......
... 36
.....
south Island Tribes
36, Ngai Tabu
TI Ngati Apa
38. Kuia
39. Ngati Mamoe
40. Rangitane
39
MAP:1
DISTRICT MAORI COUNCILS.
NOTE: TE WAI POUNAMU DISTRICT MAORI COUNCIL
IS RESPONSIBLE FOR WHOLE OF SOUTH
ISLAND
MAP : 3
UNITED AND REGIONAl.. C.OUNCIL BOUNDARIES
AUCKLAND
REGIONAL
AUTHORITY
COASTALI NORTH
OTAGO
tlORTHLAtlD
Anderson (1983)
39
and other occasions. No requirement presently exists for Maori authorities, whether they be tribal
trust boards or the District Maori Council representative, to be notified of any impending resource
development in the area, other than the general public notification through the newspaper.
Furthermore, this form of notification is generally written in complex lanaguage which is
incomprehensible to those not skilled in reading it.
Stokes goes on to say that the same can be said of much of the planning legislation and
environmental impact statements. She adds, "Admittedly, the technical data must be included and
the processes described may be complex. Unless all this is translated into simple terms and
communicated effectively to the people most concerned, the owners and residents in and around
the project site, the result is anxiety and stress about changes that are perceived as imposed from
outside by government" (ibid:10). This is particularly the case in the Waikato region, where land
confiscations following the Waikato Land Wars last century have produced a strong sense of
distrust of government authorities which is still foremost in the minds of the Tainui Maori.
4.3 PLANNING TRIBUNAL
The Planning Tribunal has similar powers to that of a District Court and is presided over by at
least two members of the Tribunal, "of whom a Planning Judge or alternate Planning Judge is one"
(s 134 TCPA 1977). The Tribunal was established in 1977 with the Te . P A and is the principal
body which passes judgement on different uses of the environment. For example, the Tribunal
may decide whether to grant a right to discharge effluent into a particular water regime. Evidence in
cases such as these are heard from both those in opposition and in favour, and each is able to cross-
examine the other during the hearing.
Such a procedure can be a daunting prospect for a Maori community with little knowledge of
court procedure and insufficient resources to engage legal experts. The Te Ati Awa challenge to
the discharge of waste from the "Think Big" Projects sited in Taranaki illustrates the point. Both the
Methanol Plant and the Motonui Synthetic Petrol Plant required water rights to discharge waste.
Aila Taylor tells of the formidable task of appearing against large development concerns with their
retinues of scientists, engineers and lawyers (pers.comm,15.5.86, Douglas 1984). In an unfamilar
40
environment Aila Taylor over the period of weeks the Tribunal was sitting, headed the opposition of
the people of Te Ati Awa, many of whom, because of the history of the area, were extremely
suspicious of appearing before a "Pakeha" court. Even in the more familar surrounds of the
Manukorihi Marae, where the later hearing of the Waitangi Tribunal took place, Taylor explained that
"It has been quite an exercise for the elders to participate in an exercise such as this. We are a
proud people. There are certain things we don't wish to advertise, and neither do we seek to make
a spectacle of ourselves" (Waitangi Tribunal 1982).
The Planning Tribunal contains limitations for the adequate hearing of Maori values. First, for
many Maori it is an alien environment in which they feel uncomfortable communicating their
concerns. Although they might participate with the aim of safeguarding their interests, the
procedure of cross-examination in the hearings often serves to make them feel the guilty party for
opposing developments (A Taylor pers. comm.). Second, the Tribunal hearings are quite often
lengthy and require active participation for considerable periods of time. This may require objectors
to take time from work, necessitate mobilising other witnesses, and entail expensive preparations in
order to conduct a convincing case. Unlike a developer who possesses and sets aside resources
to employ experts and legal help, the Maori community usually lacks resources, and is not eligible (at
present in any case) for financial assistance. Although ideally the Planning Tribunal will take this into
consideration, it can often mean that Maori concerns are not as fairly represented as those
proposing a development. As the Waitangi Tribunal (1982) comments on the lack of a Maori
presence when a water right was granted to the jOint scheme of Borthwicks Freezing Works and
Waitara Borough Council:
. "The Te Ati Awa people were not represented when the Waitara Borough Council
obtained its water right in 1973. We were advised that the Aotea District Maori
Council voiced a concern but due to ignorance of planning procedures and
financial constraints did not pursue its concern at the hearing. Not only were the
Maori people unaware of procedures but also the general public." (1982:20)
The Planning Tribunal is presided over by one or more Planning Court Judges. The Tribunal
passes judgement based on the evidence presented and the discretion the law provides. They
naturally possess a view of the world that reflects their cultural and social environment, typically a
Pakeha perception. This perception, as discussed in chapter two, places most weight or value
41
upon evidence that is seen to be "scientific" - most commonly data collected and .interpreted by
physical scientists. Cultural evidence by comparison, is generally either rejected, given less weight,
or misunderstood, often because it is outside the realm of experience of the decision-maker. The
most obvious example has been the consideration of Maori spiritual and cultural concerns, when a
development is opposed on non-scientific grounds.
Judge Turner (1985) in a recent address, voiced opposition to evidence that is not rational.
On the subject of spiritual values he states:
"It is possible that (a) particular spiritual belief had its origin in some natural event
long past and that the Maori people have spiritualised what they could not explain
rationally." (emphasis added)
He goes on to say that to give spirits power over human activity "would be rejected by most people
as sheer superstition, as beliefs which restrict mankind unreasonably." He states in reference to
those who hold these spiritual beliefs, "we have been promised that we shall know the truth and
that the truth shall set us free. But perhaps some have difficulty in recognising the truth when they
see it." Furthermore, the adoption of a perspective that acknowledges the physical world has a life
or spirit of its own is rejected. To adopt such a view, he notes, is to "denigrate the status of
mankind ... It fails to give man his rightful mana and dignity with the physical world" (1982:23).
Ironically, the main focus of his address (entitled "Decision-making: is reason sufficient?") is
that decisions cannot be made on purely scientific grounds, because some matters are not
suceptible to proof, but need to include a value judgement. For himself, Judge Turner accepts only
. one possible relationship between humankind and nature" ... (that) is a steward on behalf of the
one who created it. .. (and) accept the responsibility God has placed in humans." He quotes from
Genesis to support his view. Thus, although Judge Turner accepts that in many cases a value
judgement is required, for him this should essentially reflect a Western oriented Judeao-Christian
perspective. Similar sentiments have also been communicated by Judge Treadwell who finds it
difficult to understand Maori attitudes which ignore scientific evidence (pers. comm. 28.7.86). The
attitude ofthe Judge above is indicative of a person with a particular perception of the world
attempting to another perception which was derived from an alien background. It
raises the question of whether the values of one culture can be compared and evaluated alongside
42
those of another. More generally, these judicial attitudes mark the end of decision-making
procedures, which as with the other areas examined, highlight obstacles which preclude the
specific consideration of Maori values.
43
CHAPTER 5
POLICY OPTIONS
The problems identified within the areas discussed in chapter four, have meant that Maoris
do not articulate adequately with the various procedures and bodies, and as a consequence, the
consideration of their values is compromised. In light of the findings in chapter three, maintaining
this present situation as a tenable proposition can be excluded. Attention, therefore, is directed at
ways in which decision-making procedures might be changed to improve the consideration of Maori
values.
The aim of this chapter is to investigate some means to improve the status quo. Two options
are considered. The first option is based on the proposition that tinkering with the present system
will produce an acceptable solution. Essentially this entails the need to modify and clarify existing
legislation, improve channels of communication, and generally enhance Maori access to the
appropriate bureaucratic structures. The implications of adopting this alternative are discussed, and
in light of these, a second option forwarded. This option investigates a change outside present
decision-making procedures. The thesis here is that through early mediation a solution can be
found which avoids many of the conflicts characteristic of many present deciSions. The two options
are not separate, but complementary - the second advanCing the case further than the first option.
5.1 OPTION ONE: CHANGES TQ EXISTING DECISION-MAKING PROCEDURES
This option investigates the way in which existing procedures can be altered to take more
adequate account of Maori values. It follows essentially the three main areas identified in chapter
four of namely legislation, communication and the functioning of the Planning Tribunal.
44
5.1.1 Environmental Legislation
Town and Country Planning Act 1977. The present provisions in the TCPA under
s3(1)g and in s4, give adequate account to Maori values. The problem here is not in thewording of
the provision, but in the way the idea of 'ancestral land' is interpreted. Kingi (1983) maintains that
"framing of the term within restrictive legal partitions or frameworks ... is tantamount to negating (or
ignoring) the importance of these terms in a cultural context." So long as 'ancestral land' is ruled by
the Planning Tribunal as being only that under Maori ownership, decisions which reflect the Maori
attachment to land will be stymied. One possible solution is to amend the legislation to give a
broader definition of 'ancestral land', - an unnecessary action if the interpretation of s3(1)g was
wider.
While the Planning Tribunal is hesitant to introduce a broader definition of ancestral land on
non-Maori owners, precedents do exist for restrictions which limit the activities of landowners,
whether these owners be private or the Crown. For example, under the Historic Places Act 1980,
the New Zealand Historic Places Trust has the power to classify buildings as having sufficient
historic significance to merit preservation. A protection notice, therefore, may be served on the
council and owner/occupier by the Trust. Likewise, important ecological areas on private or Crown
l a ~ d can also have restrictions placed on them - wetland areas or areas of native forest can be
subject to certain controls, for example. A parallel can be drawn between the protection of places
for historic or ecological reasons and a waahi tapu (sacred site) or urupa (burial site) which Maori
people may consider sacred. Both will suffer irreparable damage if unrestricted use is allowed to
proceed.
In the case of urupa, the most sacred of Maori sites, three Acts govern the way in which these
are protected. These are the Historic Places Act 1980, the Maori Affairs Act 1953, and the Town
and Country Planning Act 1977. Under the 1980 Historic Places Act an historic or archeological site
like a urupa can be protected by the Historic Places Trust serving a notice on the local authority and
landowner. A problem, however, occurs when other sites or natural features which Maori consider
valuable, and therefore wish to protect, are not known to the local authority before the application to
develop an area is heard. In many cases this is because there is a lack of communication between
45
the Maori group and the authority. On other occasions the kaumatua and kuia of a tribe, who may
know of particular areas of special significance, are not willing to divulge the information to local
authorities.
On the Maori position with regard to waahi tapu sites (sacred sites) Kingi (1983) states:
a) The tangata whenua must be in a position to discuss issues among themselves and
make decisions about the immediate and future value of waahi tapu in the area. They
must also clarify their wish to promote the preservation and enhancement of particular
waahi tapu which may be under threat from development or from fossickers.
b) The elders of tangata whenua must also be prepared to make decisions on waahi tapu
which may be in danger of becoming 'lost' through not being identified to younger
generations and through the loss of knowledge associated with them as tribal elders
pass on. Other decisions must be made about waahi tapu which have been known
but which cannot be locally identified, particularly when these are exposed by
land-use developments of various kinds. Knowledge about these places should be
retained because they are part of the history, culture, and tradition of the tribes
associated with them. Because it is also the cultural heritage of descendents of these
tribes there is a responsibility by those who still exist to communicate this
c) Tangata whenua or representatives appointed by them must be capable of
communicating directives to public authorities when the need arises. Appropriate
regulations including policies and statements concerning waahi tapu must be
approved by these representatives or the tangata whenua as a whole. This will ensure
that locations and knowledge of waahi tapu is regulated according to the wishes of
these people.
It goes on to add that waahi tapu can be protected most adequately if their position is known
approximately. There is a degree of onus on Maori communities to communicate these to public
authorities. However, it acknowledges that such information may not want to be publicised. The
decision must, therefore,be one for the people concerned.
Ancestral land, however, has been given a wider definition by Maori groups than one which
applies just to sacred sites. In addition to waahi tapu, Kingi (1982) maintains ancestral land includes
"areas of water and land traditionally utilised for cultivated and uncultivated foods and other
resources; traditional fishing grounds; traditional recreational grounds and waters; and areas
containing features and structures which contribute to parts of or the overall spiritual, historical and
cultural heritage of a tribe, sub-tribe, or whanau." This definition is supported by the Auckland
District Maori Council (1980) who claim ancestral land is "land of our ancestors. In this sense
Aotearoa is the Maori peoples' ancestral land .... "
46
The above definition presents difficulties for land under ownership other than that of Maori.
For the purposes of this discussion, it is possible to distinguish three categories of land tenure.
The first is ancestral land under Maori ownership. This type of tenure presents no problem to the
legislative interpretation of ancestral land (except for some cases where compulsory acquisition can
occur). The second category is land under Crown ownership: Here the Maori, as with other public
groups, can make their interests known through decision-making procedures, for example, in a
water right hearing. There is, therefore, some capacity for Maori concerns to be recognised.
Finally, the third tenure type is land under private non-Maori ownership. A definition of ancestral
land as defined above could restrict the actions of landowners who feel it is their legal right to make
use of the land as they see fit.
A real problem, therefore, exists between ancestral land as defined by the Auckland District
Maori Council, and land under the above forms of tenure - each of which will recognise Maori
interest in land to a different degree. No solutions are proffered here. The problem is a
manifestation of the wider issue of applying a European concept of land as a commodity with
definite rights of ownership upon a concept of land where the cultural link assumes greater
importance than tenure. Overcoming the gulf between the two perceptions requires
accommodation both on the side of the Maori and the public authority.
Water and Soil Conservation Act 1967 Unlike the TCPA, there is a need to amend this Act
to include provision to recognise the specific cultural relationship between the Maori and their use
of water. To date there has been no specific recognition which would distinguish this relationship
from a/l other public users - despite the very different attitudes to water. The provision would need
to contain reference to both cultural and spiritual concerns, because as judgements in previous
cases have shown, (see Minhinnik v Auckland Regional Water Board) it is evident that those in
decision-making roles who possess a different perception of the environment will not uphold
spiritual values unless these are specifically stated in the legislation. At the time of writing a new
provision was planned to consider Maori concerns in the draft Water and Soil Conservation Bill
The new clause reads:
The physical, or cultural resources, or interests associated with any lands,
waters, sites or fishing grounds, in so far as they contribute to the heritage and to
the general, or to particular aspects of the well being of Maori people of the
affected area or its surrounding environment.
47
The Public Works Act 1981 The PWA permits the acquisition of land for a public work,
regardless of the designation for that area of land in the district scheme. This means that even
though an area of land is in Maori ownership, protected under the district scheme or through the
section 3 provisions of national importance in TCPA, it is still able to be taken by the Crown. The
example of the Ohaaki Geothermal Development in the case Maori Land Trust v Minister of Works
and Development provides a good example of this situation but also illustrates some means by
which resolution might occur. In this case, the Ngati Tahu, who owned the area needed for
geothermal development, opposed the acquisition of their traditional land (Ohaaki is located on the
western side of Lake Taupo). They argued to the Planning Tribunal that their land should be
protected under s3(1)g of the TCPA and that this section by implication empowered the Tribunal to
set conditions controlling the degree of land alienation (1980 NZTPA 108). In particular, the Ngati
Tahu favoured a lease arrangement, but ,opposed compulsory acquisition.
The Tribunal, however, did not accept that section 3(1)g of the TCPA by implication could set
conditions on another Act. It ruled that "the Town and Country Planning Act 1977 is concerned
with (inter alia) land use - the Public Works Act 1928 (inter alia) with land acquisition" (in Anderson
1983:12). Anderson notes that "section 3(1)g, therefore, did not in this case, provide any
protection for continuing land tenure of Maori land in Maori ownership." The case illustrates the
limitations of the TCPA and, therefore, the Planning Tribunal, and indicates a need for the PWA to
be brought under the jurisdiction and kept consistent with the TCPA (especially section 3). The
case above was successfully negotiated on a lease arrangement whereby the Crown leased the
land required for development, and the Ngati Tahu also held firmly to the prinCiple of Kia mau Ki te
whenua (hold onto the land). The solution though, because of the situation described, had to be
resolved between the parties outside the forum of the Tribunal.
48
Environmental Protection and Enhancement Procedures: The environmental
protection and enhancement procedures established in 1973 in New Zealand prescribe the need
for EIRs to be commissioned for major developments. Generally the reports have been
wide-ranging in the detail of the envisaged impact. Many have, however, lacked detail on Maori
values other than a resume - of archeological sites considered to be of importance. The very
extensive EIR on the Motonui Synthetic Petrol Plant, for example, contains a brief section on
"historical sites." Other sections of concern, for instance, chemical and ecological effects and
impacts contain exhaustivelycomprehensive information prepared by scientists.
There are two points to be made with respect to this current trend of impact reporting. First,
to itemise only the known historic sites is to omit fundamental information. For instance, some sites
or natural features may be unknown outside of the tribe or hapu being considered. Most
importantly, it is the total relationship with the landscape that is generally of significance, and this
cannot be constrained to isolated sites. This point relates back to the definition of ancestral land.
Thus in the Motonui example, the possible disecration of important sites from the siting of the
Synfuel Plant did not become the real issue, but rather the relationship of the Ati Awa people to
their traditional food gathering areas located on the coastal reefs. Second, the only means of
collating this type of culturally significant information is through direct contact with the appropriate
Maori authority,> in most cases the tribe or hapu concerned. This entails, therefore, seeking out the
expertise of Maori "experts" or kaumatua (respected elders) who possess the wealth of knowledge
of an area and its significance, and are able to speak on behalf of the people they represent. It
reinforces the need expressed in chapter four, for the clear identification of the appropriate Maori
authority. Although the kaumatua may lack the formal education of the scientists, they are
nonetheless, valid experts in their own right. They should, therefore, be respected as such and
paid for their services as consultants.
49
The activities of the Ministry of Energy in the development of the Waikato Coalfields give
some indication that these recommendations might already be heeded. For the preparation of the
EIR for the Huntly West Mine Number One and Rotowaro Mine the Ministry employed the services
of kaumatua, through the Tainui Trust Board, as consultants on spiritual and cultural matters
pertaining to the development (see Shearer 1986). Somewhat incongruously, these reports have
been labelled as "technical" reports, reflecting the difficulty of dove-tailing what are effectively
metaphysical concerns into a scientific framework. An important characteristic common to both
reports is that they are not confined to the specific sites. The geographic boundary of the concerns
of the kaumatua extends throughout the tribal region. Kinship ties link people who live away from
the affected area but return to the marae for important occasions or to make use of the natural
environment during different seasons-fishing grounds, for instance (Nottingham 1986). As
Minhinnik states:
You affect us in the Manukau and you affect the rest of our people throughout
Tainui ... Let me repeat to you what affects one, affects all of us.
(Douglas 1984: 34-35)
Environmental and social impact assessments, therefore, must also be cognisant of the boundaries
and the limits by which Maori feel themselves to be affected and not be constrained to an arbitrarily
designated area defined monoculturally.
More generally, the problem with the present environmental protection and enhancement
procedures is that they tend to be grafted on to existing planning procedures and sit outside
planning law. At present the audit may recommend "alternative sites for outfalls, different
approaches to infrastructure and so on" ... however it ... "does not alter the fact that at the end of
the day that law under the Town and Country Planning Act 1977 a site does not have to be a best
site and that under the Water and Soil Conservation Act 1967 alternative points of discharge do not
have to be considered. Methods by which discharge waste can be treated are not examined"
(Kenderdine .1985).
50
There is a need, therefore, for the EPEP to be incorporated more closely in to legislation to
enable Commission for the Environment, ' audits to be used as evidence by the Planning Tribunal.
By increasing the flexibility of the Tribunal to enable it to use the recommendations of the audit, and
also allowing it to consider other options rather than just the proposal put forward, there is greater
likelihood of an outcome that is more sensitive to the concerns of Maoris (although it should be
noted that the Tribunal is presently able to set safeguards and conditions to be observed by the
developer when granting, for example, a right to discharge waste). Different alternatives
recommended by the Commission for the Environment, that can be investigated further within the
forum of the Planning Tribunal, have greater potential to produce an outcome which does not
conflict with Maori values, or at worst lessens any cultural impact. The option chosen, therefore, has
most chance of being the "best" option for the greatest number of people.
5.1.2 Communication
Improvement in communication is a two-way process. This involves initiatives from both
institutional bodies, increasing their awareness of Maori issues and concerns and improving the
process of communication; and from the Maori community enhancing the means by which they
articulate with particular institutional bodies. On the topic of representation, Rikys notes that "it is
absolutely vital for the development of a strong and vigorous racial climate in New Zealand that
opportunities are created at all levels in the power structure for Maori people to participate in and
contribute to decision-making" (1980: 27).
Representation: On a national level there is an increasing awareness amongst government
departments and other less formal bodies, quangos for instance, involved with resource
exploitation and management, to include a Maori input. The 1986 Ministry of Environment Draft
Plan contains extensive consideration of Maori concerns. A number of problems can emerge,
however. First, the Maori representative who may have considerable expertise in their own tribal
area may have less knowledge, or more importantly, feel they lack the authority to comment on
other tribal areas. The problem is indicative of a centralised bureaucratic system that wishes to have '
a Maori representative, attempting to accomodate a decentralised tribal structure. Representation
51
at a centralised level, therefore, must be cognisant of this. The department concerned must
attempt to seek input from the most appropriate Maori organisation to put forward a representative.
This may not be an easy task and may involve, for instance, nomination of a longer term
representative and frequent secondment of others when dealing with particular tribal areas. To do.
othelWise smacks of tokenism - a representative simply to fulfill a requirement (Mahuta pers. comm.).
Second, the Maori representatives while asked to contribute their services to the authority
concerned, are often unfamiliar with bureaucratic and planning procedures. Thus while these
authorities will gain expertise from Maori representation, the representatives themselves are unable
to advance their own concerns to the same extent (Ritchie pers. comm. 28.10.86). It would be
helpful, therefore, if Maori input was supported in these forums by skilled personnel in order that
they too can benefit.
Third, Maori representatives often do not receive any monetary reward for the services they
render. Aila Taylor, t h ~ spokesperson for the Te Ati Awa tribe in the Taranaki "Think Big" disputes,
has been called upon to give advice at a number of different forums. This has been given willingly
and generally free despite the considerable time it entails. A similar situation occurs at a regional
level. In the Auckland region, for example, the Auckland Regional Authority representative is seen
as the Maori representative and is called upon to given advice and articulate with an enormous
number and variety of groups on a voluntary basis (Matunga pers. comm. 30.10.86). These
representatives should be recognised for the expertise they possess and not expected to perform
these duties purely from their own resources. If it is accepted that people should pay for the
services of an engineer or other professional, so too should Maori spokespersons, experts in their /'
own field, expect renumeration.
On a regional level, furthermore, the Maori representative nominated for the regional
planning council has the opportunity to influence and facilitate greater communication between the
authority and Maori community. However, the sheer size of this task is prohibitive. More resources
are needed to enable these representatives to perform more effectively. Anderson (1983)
comments that one way to ensure more effective participation would be for local authorities to assist
District Maori Councils to understand schemes by having staff members attend District Maori Council
52
meetings for the purpose of explaining the schemes.
A primary obstacle to overcome is the choice of the appropriate Maori authority to represent
the Maori people. The problem, as identified earlier, with the District Maori Council organisation is
that they are based on defined boundaries which are not tribal - and are, in effect, an artificial
construction. Membership of Trust Boards, on the other hand, are generally composed of elders of
a tribal group who act as spokespersons for the various subtribes and marae within the area. The
most developed of these is the Tainui Trust Board in the Waikato, which stretches from Auckland in
the north to beyond Lake Taupo in the south. It demonstrates the advantages of pooling
resources through a traditional framework in order to secure benefits for the tribe as a whole. It
owes its cohesiveness primarily to the Kohitanga (King Movement) to which the tribes and subtribes
in the area have pledged allegience, and also to the unifying influence of being forced to react to
large resource developments which have been implemented within Tainui boundaries. Trust
boards appear in most cases, especially with regard to resource developments in an area, to be the
most appropriate authority and, therefore, should be recognised by outside institutions. However,
in some cases the District Maori council may be a better representative body. The decision is one
for the Maori people of each region.
The wording of the provision under the TCPA 1977 for the nonimation of a Maori
representiative, as noted in chapter four, has led to considerable wrangling between regional
authorities and Maori communities who felt they should be represented. To a degree this problem
will be ameliorated by the Town and Country Amendment Bill 1986. The new section 6(2)c
provides for "a representative of the Maori people in the region appointed by the District Maori
Council or other Maori authority or organisation as the united or regional council considers
appropriate" (Town and Country Amendment Bill).
Although the appointment of a Maori representative under this. Bill is mandatory, regardless
of landholding, the new provision does, however, raise another possible problem. The regional or
united council is asked to choose the Maori authority ("the District Maori Council or other Maori
authority"), which it "considers appropriate". This authority will then nominate a representative. The
choice as to which is most appropriate is, however, a decision for local Maori communities to make. It
53
is imperative that the Maori representative be that - representative - and be in contact with, and have
the confidence of, the local Maori people. It would be hoped, therefore, that the regional authority
contacts all Maori organisations in the area and allows them to make the choice of the nominee.
While tribal trust boards have shown to offer a number of advantages, these boards need to
maximise their relationship with local and regional networks. This entails establishing between
themselves the boundaries of tribal and hapu territories, and the formation of stronger
organisational structures. Some agreement can then be reached concerning sacred sites that each
group may wish to be preserved and, where possible, the local authority notified for their protection
(Matunga 30.10.86 pers. comm). Furthermore, the identification of one representative structure will
improve contact with a developer or institutional body, and "facilitate a more unified reaction to
development proposals. The experience in the Tainui region has shown how effective this can be
(see Egan 1981, and Maori Perspective Report 1984). While a degree of onus lies with tha tribal
groups, the development of the skills to articulate more closely with outside institutions requires
assistance. A scheme whereby planners, or persons of similar professional background, could be
associated with trust boards would assist with the development of a more effective interface
between Maori organisations and outside bodies. Planners, for instance, currently move easily
between government departments; a scheme whereby they could be seconded to tribal boards
would have the result of providing one group with much needed expertise and the other an
opportunity to gain insight into culturally based problems.
Current trends suggest that the development of tribal trust boards are becoming increasingly
recognised as the representative body for Maoris. In the Huntly Power Station development, the
Tainui Trust Board became the representative body for the Tainui people. More recently ,the Maori
Land Court for the first time upheld the principle' of tribal rather than individual ownership of land,
investing ownership of a returned block of land in the Kaingaroa area to trustees of the Ngati
Manawa (The Star 16 October 1986).
54
Notification: Current channels of notification of an impending development are restricted to an
I'
outline of the proposal in the local newspaper and contact with landowners immediately adjacent to
the project site. While the District Maori Council is sent copies of district regional and planning
schemes, there is no requirement for early notification of project proposals. Many Maori have
important cultural and spiritual attachments with areas of land, waterways etc., which are no longer in
their possession. In light of this, development projects, or other environmental uses should be
required to make contact with the selected Maori authority regardless of whether the land on which
it is to be sited, or other natural feature it may affect, is in Maori ownership. This again re-introduces
the problem of ancestral land and emphasises the need for a recognisable and representative Maori
body. A full and comprehensive statement of intent regarding development will serve to relieve
anxiety carried by an unknown change, and enable a Maori community to respond in a more
effective manner.
5.1.3 Planning tribunal
Perhaps the most inhibiting factor identified that faces Maori people once within the forum of
the Planning Tribunal, is the lack of resources to voice a more effective case. Reacting to a proposal
which may deliteriously affect their cultural practices, they must raise their own funds in order to
make their concerns heard. In the Waitangi Tribunal hearing on the Motonui case, the Te Ati Awa
people without the money to engage legal services were fortunate to have the services of a lawyer
offered to them for no charge.' The Treaty of Waitangi Amendment Act 1985 now contains
provision in section 8 to assist the claimant. Clause (2) states:
The Tribunal may appoint counsel to assist the claimant in respect of any
proceedings or any part of any proceedings before the Tribunal if it is satisfied
that the matter is of sufficient importance 'or complexity to warrant such an
appointment or that it would be unjust to the claimant not to make such an
appointment.
i'
(',
I','
55
This allows, therefore; a Maori group which lacks sufficient expertise to properly conduct a case to
have the assistance of legal counsel. Furthermore, clause (3) of the Act contains provision for
financial assistance to be given to the claimant, as the Tribunal sees fit. It states:
Every counsel appointed under this clause shall be paid out of money
appropriated by Parliament for the purpose such fee as may be agreed between
the Tribunal and the counsel appointed.
Here for the first time a claimant who is reacting to a development proposal, for instance, is able to
participate on a more equal basis to the proponents. This precedent has much to commend itself to
the operations of the Planning Tribunal. The introduction of a similar system of compensation
would redress the balance between, for example, a resourcefully well-endowed developer and an
underfunded Maori community.
Other reforms can be directed at the Planning Tribunal itself. The Tribunal at present does
not have a Maori member, nor does it require a Maori member to be on it during hearings, despite
the culturally sensitive issues it frequently addresses. The inclusion of a Maori advisor or consultant
within the Tribunal could assist it towards more culturally aware solutions. Under the Treaty of
Waitangi Amendment Act 1985, for instance, the Waitangi Tribunal "may appoint counsel to assist it
in respect of any proceedings or any part of any proceedings before the Tribunal." A similar
provision could permit the Planning Tribunal to employ Maori counsel for the purposes of a
hearing. There are levels at which a counsel might operate. They could be a recognisable body
the Tribunal might employ for advice; or alternatively they could perform an intermediary role
between the Tribunal and the Maori community. In the latter case, the concerns of local Maori could
be communicated to the counsel who might assist in the preparation of their case, and possibly
represent the Maori group before the Planning Tribunal. Adopting features such as these would
go some way to allay the fears of Maori people who feel they are immediately disadvantaged in the
face of a mono-cultural body.
56
For particular cases where Maori people are particularly affected, a more appropriate venue to
conduct proceedings could be the marae. Planning Court Judges have characteristically shunned
such a suggestion, fearing that their position might be undermined, or that marae protocol may
clash with court procedure, hence placing them in an invidious position (Judge Treadwell pers.
comm.28.7.86). The marae, however, has been used on previous occasions for judical hearings
and appeared to function without difficulty. Perhaps the most frightening aspect of a marae location
for the Judiciary is simply being in a culturally alien environment - for this reason particularly, the
marae may provide a cultural half-way point.
5.1.4 Implications of Adopting Option One
This option involves enhancing the relative position of the Maori to present institutions to
facilitate decisions that are more cognisant of Maori values. Through the adoption of a policy such
as this, Maori concerns are more clearly demonstrated to decision-makers - even if this is made
mandatory through legislative change. The exercise also becomes an educative process both for
decision-makers of Maori values, and the Maori of the decision-making process.
Current government initiatives appear to parallel this option. Within the new environmental
administration, for example, there has been an expressed objective to abide with and respect the
principles of the Treaty of Waitangi. While these aims are laudable, there is some doubt as to
whether the numbers assigned to, for example, the Maori secretariat within the Ministry for
Environment are adequate, given the extent of their brief. Furthermore, the economic policy of
'user-pays' would appear to work against the promotion of responsive communication. The Ministry
of Works in Auckland, for example, who have initiated closer liasons with local Maori, now finds that it
is required to charge for its services - an untenable proposition for underfunded Maori groups (M.
Matunga pers. comm. 29.10.86).
57
A further implication is that a policy which recognises tribal authorities (although in some
cases some other body might be more appropriate) will place the Maori themselves in a position of
greater strength. They will be able to utilise traditional kinship networks to mobilise resources and
participate more effectively in planning and resource management forums. Increased participation -
through both increased opportunity and with available resources to do so - is again more likely to
bring about culturally aware decisions, and foster amongst Maoris themselves the feeling that their
values have been recognised.
An option such as this, which proposes incremental change, is a non-threatening one for the
Pakeha. It maintains existing structures and improves the means by which Maoris articulate and
communicate within them. While this has positive implications, it raises the question of whether
such a proposition is valid in a bicultural society. Should present decision-making structures which
are essentially English in origin, remain unchanged? Would it be more appropriate if they were
altered to reflect a Maori approach?
The most negative implication of maintaining the existing structures is that the Maori position
remains essentially a reactive one. This can be illustrated by use of an example. A hypothetical
development is proposed on grounds that it will provide economic benefits both for the
community and the nation. This project might be opposed by a local Maori community on the
grounds that it will offend their cultural and spiritual values. If the proposal proceeds through the
various procedures towards final approval, it is highly unlikely that opposition by the Maori
community will be upheld - given that the Maori position is judged alongside other issues of national
importance, and within an essentially monocultural institutional framework. In such an example,
where Maori values are overriden by those of another group, there is a danger that the present
mood of optimism,. prevalent with many of the current reforms, will falter. Put simply, the situation is
one where the concessions made by one group fall short in real terms of the expectations of the
other.
58
The example above could easily be that of the slurry pipeline required for the New Zealand
Steel Mill expansion project exemplified in chapter two. It presents a problem of seemingly dealing .
with a conflict between absolute positions. On the one hand, the only apparently feasible option for
the Steel Mill is to take water from the Waikato River, use it to carry ironsand for the smelter, and
discharge it into the Manukau Harbour. For many Maori any mixing of these two types of water is
spiritually offensive. The ultimate decision by the Planning Tribunal to proceed with the project
naturally provoked a negative response from the Maori community. Given the present system,
whereby Maori people have a reactive role, and the entrenched positions of both parties, the
situation would appear unsolvable. Even the Waitangi Tribunal, whose subsequent judgement on
the case was supportive of the Maori position, was a reactive response occuring well after the
decision to proceed was given by the Planning Tribuna/.
Other occasions are likely to occur in the future where a Maori perception of the environment
conflicts with a Pakeha one within similar forums, and both claim their pOSitions to be inalienable or
irreversible. The failure to cope adequately with the conflict between two such groups is perhaps
the most disturbing feature of this policy option, and invites investigation of other alternatives which
might lead to more acceptable resolutions.
5.2 OPTION TWO: CHANGES OUTSIDE EXISTING PROCEDURES
In light of the limitations noted with the first option the second option seeks to identify some
mechanisms outside present deciSion-making procedures which might bring about a more
favourable resolution to conflicts concerning Maori values. While this option is more removed from
present procedures, the suggestions nevertheless, attempt to remain practically oriented. The
basic premise is that a more favourable resolution will result if Maori authorities are contacted at the
earliest possible time. In light of this, the discussion re-examines the New Zealand Steel example,
and then investigates two instances where earlier negotiations took place and resulted in more
satisfactory outcomes. Comment is then made on some initiatives in environmental mediation in
North America and their relevance to the bicultural situation in New Zealand.
59
First, in reference to the earlier example of the Steel Smelter, implementation of this option
would mean that New Zealand Steel would be required to contact the representative Maori body
~ seeking a grant for a water right for use of the Waikato River and Manukau Harbour. In this
particular case, the concerns of the Maori were not fully understood until both were not in a position
to compromise. An earlier investigation of the alternatives available to New Zealand Steel, however,
shows that a favoured option was a rail link between the source of the ironsand to the south and the
Smelter. This was stymied because of opposition by farmers. Although negotiations with other
parties would be necessary, the essential point is that earlier contact with Maori groups would have
alerted New Zealand Steel to Maori sensibilities and encouraged them to investigate other
alternatives; whereas at the culmination of the planning process neither side was in a position to
negotiate other options.
5.2.1 Taharoa and Ohaaki
Two examples of where earlier contact has led to more acceptable solutions by both parties
are also to be found in the Tainui region. The first is at Taharoa, an isolated Maori community on the
West Coast south of Raglan, which is located on large deposits of ironsand. New Zealand Steel
negotiated an agreement with the Maori people to mine the sand from the area subject to a number
of conditions. These were that should any human remains be found they were to be left until a
tohunga was contacted and was able to remove them after following the correct procedures. Two
areas were not to be touched under any circumstances. On these sites major battles had taken
place, and a large number of P!3ople killed, and consequently the areas were regarded as
particularly sacred waahi tapu (Nottingham 1986). In addition, the residents of Taharoa secured
economic benefits from the development.
The second example involved the Te Ohaaki Geothermal Power Project. The project site
comprised some 500 hectares of Ngati Tahu land, the Ministry of Works wished to purchase for
geothermal development. Meetings were arranged on the Te Ohaaki marae with the Maori owners
to establish their standing in relation to the confusion of legislative procedures and also to gather
their own information about the tribe, the location of waahi tapu, and other places of cultural
60
significance. This gave the Ngati Tahu people an opportunity "to sort out their own ideas and
attitudes in discussion in the meeting house. to work out their policy. their kaupapa concerning their
land" (Stokes 1980: 12). Their principal fear was that the land would be acquistioned under the
Public Works Act. In addition. the people were aided by a number of Maori groups and liased with a
Taupo County planner. The hearing itself. when conducted. was preceded by a formal mihi or
greeting by a kaumatua of Te Ohaaki which meant that speakers felt more "relaxed about the ordeal
of expressing their concerns in what was otherwise a very Pakeha judicial hearing" (ibid). The
~ -
conclusion of the affair ended in a leasehold agreement with the Crown. Once again provision was
made for protection of some important cultural features. and t h ~ settlement included economic
benefits for the community which was at that time facing outward migration through a lack of
opportunity in the area.
These cases illustrate that satisfactory solutions are able to be achieved if early notification of
development proposals is given. Two issues arise from the examples. The first is that a Maori
community is more able to participate if sufficient time is allowed for the mobilisation of resources.
As Stokes notes:
It takes many years for all the scientific. technical. and engineering design
work to be done to plan a big power station. Just as much time needs to be
allowed to do the social planning. the discussion and negotiation with local
people so that issues can be talked over as they occur. (1980: 13)
Second. in both cases the land was in Maori ownership. placing them in a stronger position to enter
discussions. If the land instead had been owned by the Crown or private landholders. the Maori
community would have had considerably less opportunity to voice their concerns-indeed. it would
have been unlikely that their values would have been given anywhere near the same consideration.
Given that most developments are likely to occur on land not under Maori ownership. there is a
distinct need for recognition of the nature of Maori attitudes to the landscape regardless of
ownership - and raises again the issue of 'ancestral land'. This option, therefore. rests on the
proposition that ancestral land is not simply confined to that under Maori ownership.
61
5.2.2 Mediation
The thesis presented here, therefore, is that conflicts that arise in resource allocation
decisions, particularly when different environmental per<?eption are involved, have a greater chance
of resolution if negotiation occurs at a much earlier stage. Based on this proposition, there a need
to investigate ways to bring groups together before they meet in a confrontational situation as in the
courts. Application of non-confrontational approaches have gained significant popularity in North
America in the past decade. Mediation programmes, as they are known, are designed primarily to
find effective and satisfying means of resolving disputes outside of courts. This process of
mediation, while common in other areas, such as labour relations for example, is now being applied
in North America to environmental and resource allocation conflict.
Proponents of this process maintain that mediation has a number of advantages over the
usual adversarial approach, because it addresses many of the procedural weaknesses of
conventional dispute resolution mechanisms. Susskind notes:
"The judical process is perhaps the most visible means of dispute resolution. It is
not only a means of decision-making, but it is also a device for contesting
resource allocation decisions made by legislative and administrative bodies. The
adversarial character of legal proceedings, however, discourages joint problem
solving and short circuits the search for mutual gain. Typically, the issue is
whether a given administrative decision is legal, not whether it is wise. Judicial
dispute resolution leaves the disputants with a better working relationship than
they had before the conflict erupted.
(Susskind 1983: 266)
Mediation, allows for more direct involvement of those most affected by decisions than do
rilost administrative and legislative processes; it produces results. more rapidly and at a lower cost
than do courts; and it is flexible and therefore more adaptable to the specific needs of the parties in
a given situation (Susskind 1985). Mediated solutions, therefore, rather than being imposed from
above, as are arbitrated or adjudicated decisions, are reached through the mutual consent of both
parties to a dispute. For this reason, the extensive literature on mediation may provide a framework
. in which to investigate situations where a proposal from a developer confljcts with the values held by
Maori.
62
The process of mediation commonly includes a non-partisan mediator, trusted by both
parties. Representatives from the different parties meet, generally on a voluntary basis, with an
arranged agenda. The mediator assists with negotiations, ensures a common understanding of
technical points among participants, and may suggest courses of action to help resolve disputes.
While the inclusion of a mediator is not an essential feature, it may produce a settlement more
rapidly.
The aim of obtaining a consensus position between parties through mediation processes,
can be parallelled with the traditional functioning of the marae. Here the procedure is divided into
two main parts. The first follows more formal protocol of calling the manuhiri (visitors) on to the
marae. Once there, speeches are given by both the tangata whenua (hosts) and the manuhiri.
Following this a koha (gift) from the manuhiri is presented to the tangata whenua. The formal
greetings are concluded with a hongi - the pressing of the fronts of noses once or twice between
manuhiri and tangata whenua. This symbolises the mixing of breath, and the manuhiri then
becomes one with the tangata whenua and are able to move freely about the marae. The significant
feature of the ceremony is that the two groups are brought slowly together, from a position of
distinct separateness to one where there is close physical contact. The meeting then enters the
second and less formal part, although there are particular practices and customs which are still
followed.
The rna rae , therefore, offers an excellent forum for mediation. Here traditionally, tribal
decisions have been reached on the basis of consensus. Agreements are reached in
r
non-adversarial way - mediation procedures being already in existence within Maori custom.
Moreover, for anyone who has had the opportunity of staying on a marae, the prospect of living
alongside an adversary breaks down many of the barriers of formality which could otherwise impede
negotiation, and is more likely to foster an atmosphere of conciliation. The marae itself encourages
freedom of expression and generally there is no formal order of speaking. Although discussions of
"
this nature do not typically involve the use of a mediator, the inclusion of a neutral party could aid
negotiation in the ways discussed above.
63
In particular, Susskind (1985) has noted that procedural concerns have been raised by a
number of analysts. These are: problems of representation, difficulties of setting an appropriate
agenda, obstacles to joint fact-finding, difficulties binding parties to their commitments, and
obstacles monitoring and enforcing negotiated agreements. While a mediator might not necessarily
playa central role in discussions within the marae, they could provide a valuable function as an
intermediary resolving the above problems, and in addition, organising venues, providing
appropriate information and formalising agreements made within the marae forum. Furthermore, a
mediator whose neutrality is trusted by both sides, could aid a private. developer who lacks the
services of a Maori secretariat or representation, as with the Ministry for the Environment or other
government departments, to make initial contacts with a Maori community. The mediator would play
an important monitoring role to ensure that agreements are kept and impacts are kept within the
agreed limits.
This framework for resolving disputes is based on participation at an early stage in a resource
development proposal and utilises processes of mediation, the essence of which is encapsulated
in traditional marae procedures. It makes no claim to be a comprehensive solution to the
incorporation of Maori values, but pOints to avenues from which a more flexible outcome might arise.
Such an alternative, being a departure, from current procedures, would, however, involve a number
of implications. These are discussed briefly below.
I 5.2.3 Implications of Adopting Option Two
To be effective this option may entail a compulsory requirement to bring both parties
together at an early stage. This would apply not only to private developers but also local and
government bodies who contemplated a development project or some other form of environmental
change. Moreover, Pakeha developers and resource managers will be required to function within a
marae forum and be familiar with cultural procedures. While this could qe construed as an educative
process, it may also be resisted by Pakehas who feel threatened by the prospect of operating within
an alien environment. Its implementation, therefore, may encounter opposition by those who
maintain present procedures are culturally adequate.
64
An option of this nature can operate only if the definition of 'ancestral' land is broadened
sufficiently to allow it to apply to areas not under Maori ownership. Unless this occurs there will be
little difference between this option and the status quo situation. The only Maori communities
which will benefit will be those like Taharoa and Te Ohaaki who own their land. Furthermore, the
option presupposes the existence of a cohesive Maori community who is able to facilitate
negotiations and voice their own concerns. Resources may need to be made available to enable
this to occur. However, such negotiations in a marae forum are unlikely to lead to what has occurred
in other decision-making forums where a Maori perception has been labelled as irrational, but is
more likely to foster respect for the other's position.
Finally itis possible that a negotiated outcome may not occur, in which case the issue may
resort back to judicial processes. Such an option, therefore, while not completely replacing more
conventional legislative procedures would act in partnership. A later judicial hearing, however,
should be made aware of earlier mediation proceedings and the reasons for their abandonment.
Therefore, considering the inordinate time and cost associated with present Planning Tribunal
hearings, an input which produced an agreement or simplified issues would constitute a saving
both in time and money for all parties and would justify its expense. In this way, the two options
above, rather than being distinct in function would be complementary. Their implementation,
together with the present inquistorial nature of the Waitangi Tribunal, might result in
decision-making procedures which reflected the needs of New Zealand, rather than being a
mono-cultural import.
65
CHAPTER 6
CONCLUSION
This study has systematically addressed the questions raised in the problem statement. It
has shown that historically Maori values have been accorded little relevance. Recently, however,
with Maori protestations resulting from resource developments and other uses of the environment,
attention has been focussed on these values. Chapter two illustrated the nature of Maori values
and established that they are still strongly held. Chapter three then investigated the position of the
Maori as a minority group in New Zealand and concluded that as original inhabitants, whose status
has been recognised under the Treaty of Waitangi, their values should be accorded specific
consideration. Following the case established in these chapters, the fourth chapter addressed the
final question raised in the problem statement. It revealed that aspects of current decision-making
procedures inhibited the consideration of Maori values. In light of this, the study formulated two
options to improve the present situation.
Throughout the course of the discussion a number of reccurant issues have arisen.
Elaboration of these is beyond the scope of this study, however, three points in particular merit
further mention. The first concerns the problem of ancestral land. The Maori have cultural and
spiritual links with land regardless of ownership. This can conflict with a dominant European attitude
where land is viewed primarily as a commodity. The problem is a manifestation of land
individualisation which occurred during colonial occupation. Under the existing legal framework, the
communication of Maori concerns and values is restricted because land is not in their possession.
Bridging the gap between a Maori perception and one which bestows most rights on the property
holder requires attention. Given the implications which may flow from a wider interpretation of
ancestral land, it is hardly surprising that the Planning Tribunal has adopted a conservative
approach. The issue is one which more rightfully requires address in political or constitutional
decision-making forums.
66
The second issue concerns the recognition of the appropriate Maori authority to participate
in environmental decision-making. It has been suggested here that a more appropriate Maori
authority would be one that reflected the tribal nature of Maori society. Bodies, such as the tribal
trust boards, have already established kinship networks and possess knowledge of the tribal
relationship with the local environment. They have the potential, therefore, to play an important role
in the communication of Maori values. To be effective, however, these groups require a cohesive
organisational structure and adequate resources to develop the ability and expertise to participate
in decision-making procedures. Public authorities need also to acknowledge the tribal nature of
such an authority - an aspect historically ignored.
Finally, the conflicts mentioned earlier have highlighted the existence of some values which
have appeared irrational or nonsensical to Pakehas. For example, the belief in taniwhas or spiritual
pollution which remains after tertiary treatment of effluent. If a belief were held by one or two
isolated individuals they might well be justifably disregarded by the majority. However, the values
expressed in such examples are held by a recognisable cultural group whose perceptions are
consistent with their traditional view of the world. Therefore, while they may appear irrational to
many, they cannot be simply dismissed as irrelevant. This does not preclude, however, the use of
reason in decision-making. What it does require is that each party recognise the position of
another. Attention can then be directed at the relevant facts or areas of central importance.
Whether, for example, a Maori value is a central or absolute one or whether by following certain
procedures or redressing costs by some other means greater flexibility might be encouraged.
Similarly for a developer, this may involve or lessen
.... ...., .. __ ,' "_d _ ... __ - -. - - -""".,1 "_.
an impact of a resource development. The adoption of procedures outside the conventional
framework as in option two, will stimulate greater tendency towards mutual respect.
67
Thls final issue concerning attitudes to Maori or other cultural values, is ultimately most
important. Traditionally, resource and environmental management have paid little attention to
cultural diversity of perception. However, it is clear from this study that democratic decision-making 7
in a society based on majority rule can only operate effectively for the good of all if the (
\
decision-makers recognise that groups are different and that their values need to be actively taken
into account. Without a change of Pakeha attitude, irrespective of the introduction of reforms,
decision-making is likely to continue as it has done historically, reflecting a policy of integration and
assimilation.
Following the historic signing of the Treaty of Waitangi, Governor Hobson proclaimed "weare
one people". Hobson's counterpart in 1985, Sir David Beatty, reassessed the statement at the
145th anniversary of the signing when he stated "we are two people, one nation". This
reassessment involves re-examining the attitudes and procedures which currently determine the
functioning of New Zealand society. It is within this context that this study has endeavoured to
make a contribution.
68
FOOTNOTES
1. By values ~ is meant:
"ideals, customs, institutions etc., of a society toward which the people of the
group have an affective regard. It (Random House Dictionary 1983)
The term "Maori values" refers particularly to those values the Maori hold which govern the way
they perceive and use the natural environment. It should also be noted that 'these values can
vary significantly between different tribal groups.
2. Amongst those are the Coal Mines Act 1979, the Petroleum Act 1937, the Harbours Act 1967,
the Town and Country Planning Act 1977, the Marine Farming Act 1971, the Marine Resources
Act 1971, the Contineual Shelf Act 1964, the Iron and Steel Industry Act 1959, the National
Development Act 1979. (Kenderdine 1985:24)
3. The seven sections of national importance are: "3. Matters of national importance: (1) In the
preparation, implementation and administration of regional, district, and maritime schemes, and
in administering the provisions of Part II of this Act; the following matters which are declared to
be of national importance shall in particular be recognised and provided for:
(a) The conservation, protection, and enhancement of the physical, cultural and social
environment:
, (b) The wise use and management of New Zealand's resources:
(c) The preservation of the natural character of the coastal environment and the margins of
lakes and rivers and the protection of them from unnecessary subdivision and
development:
(d) The avoidance of encroachment of urban development on, and the protection of, land
having a high actual or potential value for the production of food:
(e) The prevention of sporadic subdivision and urban development in rural areas:
(1) The avoidance of unnecessary expansion of urban areas into rural areas in or adjoining
cities:
69
(g) The relationship of the Maori people and their culture and traditions with their ancestral
land."
4. Essential works defined in s2 Public Works Act 1981 cover the following purposes: drainage,
sewerage, rubbish disposal, irrigation, river control, soil conservation, water supply; the
production or distribution of energy; any hospital or health centre; a university, school, or
technical institution; a road, motorway, railway or aerodrome; air and sea navigational aid; post
office, telecommunication installations; defence works; reserves and wildlife habitats for the
protection of rare, endangered or threatened species of flora or fauna.
The list maybe extended s3 by declaration of the Governor General by order in COUncil to cover
any specific public work.
5. The following discussion is based on the paper by Palmer 1982.
6. See Shearer D. 1986 Rotowaro Mines Extension Technical Report. Maori Cultural and
Spiritual Values. Environmental Impact Report for Rotowaro Coalfield Development, M.S.R.C.
University of Waikato.
70
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1981 pp 105-110.
Firth R., 1972. Economics of the New Zealand Maori. Government Printer. Wellington.
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Watkins Ltd., Wellington ..
Haughey E.J., 1976. The Maori Land Court. New Zealand Law Journal. D 203-210.
Human Rights Commission, 1981. Race Against Time. Wellington.
Isaac P., 1980. Preserving Maori Lands. People and planning 15 DD 5-7,
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hapu
hongi
hui
iwi
karanga
kaumatua
kaupapa
kawa
koha
kuia
marae
marae atea
mana
manuhiri
mauri
mihi
papakainga
powhiri
rahui
GLOSSARY
sob;tribe
the nose pressing greeting
gathering of people
tribes
call of welcome on to a marae
an elder
procedures
protocol
gift
women elder
73
a gathering place; the physical dimension of a group's identity, beliefs, mana etc.
forecourt or open space in front of the meeting house.
divine power for leaderhip, prestige
visitors
ethos, life force, life essence
greeting
original area of settlement
-welcome
a mark to warn people against trespassing, used in case of tapu or for temporary
protection of fruit, birds, fish etc.
tangata whenua hosts, people belonging to a particular place
tapu sacred forbidden
tohunga priest
whakapapa lineage
whanau family
whenua land
urupa burial place
APPENDIX ONE
TREATY OF WAITANGI
SCHEDULES
FIRST SCHEDULE
THE TREATY OF WAITANGI
(THE TEXT IN ENGLISH)
HER MAJESTY VICTORIA Queen of the United Kingdom of Great
Britain and Ireland regarding with Her Royal Favour the Native Chiefs
and Tribes of New Zealand and aruc;ious to protect their just Rights and
Property and to secure to them the enjoyment of Peace and Good Order
has deemed it necessary in consequence of the great number of Her
Majesty's Subjects who have already settled in New Zealand and the
rapid extension of Emigration both from Europe and Australia which is
still in progress to constitute and appoint a functionary properly
authorised to treat with the Aborigines of New Zealand for the recognition
of Her Majesty's Sovereign authority over the whole or any part of those
islands-Her Majesty therefore being desirous to establish a settled form
of Civil Government with a view to avert the evil consequences which
must result from the absence of the necessary Laws and Institutions alike
to the native population and to Her subjects has been graciously pleased
to empower and to authorise me William Hobson a Captain in Her
Majesty's Royal Navy Consul and Lieutenant Governor of such parts of
New Zealand as may be or hereafter shall be ceded to her Majesty to
invite the confederated and independent Chiefs of New Zealand to concur
in the following Articles and Conditions.
ARTICLE THE FIRST
The Chiefs of the Confederation of the United Tribes of New Zealand
and the separate and independent Chiefs who have not become members
of the Confederation cede to Her Majesty the Queen of England
absolutely and without reservation all the rights and powers of
Sovereignty which the said Confederation or Individual Chiefs
respectively exercise or possess, or may be supposed to exercise or to
possess over their respective Territories as the sole Sovereigns .thereof.
\ ARTICLE THE SECOND
Her Majesty the Queen of England confirms and guarantees to the
Chiefs and Tribes of New Zealand and to the respective families and
individuals thereof the full exclusive and undisturbed possession of their
Lands and Estates Forests Fisheries and other properties which they may
collectively or individually possess so long as it is their wish and desire to
retain the same in their possession; but the Chiefs of the United Tribes
and the individual Chiefs yield to Her Majesty the exclusive right of
Preemption over such lands as the proprietors thereof may be disposed to
alienate at such prices as may be agreed upon between the respective
Proprietors and persons appointed by Her Majesty to treat with them in
that behalf.
ARTICLE THE THIRD
In consideration thereof Her Majesty the Queen of England extends to
the Natives of New Zealand Her royal protection and imparts to them all
the Rights and Privileges of British Subjects.
W. HOBSON Lieutenant Governor.
Now therefore We the Chiefs of the Confederation of the United Tribes
of New Zealand being assembled in Congress at Victoria in Waitangi and
We the Separate and Independent Chiefs of New Zealand claiming
authority over the Tribes and Territories which are specified after our
respective names, having been made fully to understand the Provisions of
the foregoing Treaty, accept and enter into the same in the full spirit and
meaning thereof: in witness of which we have attached our signatures or
marks at the places and the dates respectively specified.
Done at Waitangi this Sixth day of February in the year of Our Lord
One thousand eight hundred and forty.
[Here follow signatures, dates, etc.]
74
(THE TEXT IN MAORI)
Ko Wikitoria te Kuini 0 Ingarani i tana mahara atawai ki nga
Rangatira me nga Hapu 0 Nu Tirani i tana hiahia hoki kia tohungia ki a
ratou 0 ratou rangatiratanga me to ratou wenua, a kia mau tonu hoki te
Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kea
tukua mai tetahi Rangatira-hei kai wakarite ki nga Tangata maori 0 Nu
Tirani-kia wakaaetia e nga Rangatira maori te kawanatanga 0 te Kuini
ki nga wahikatoa 0 te wenua nei me nga motu-na te mea hoki he
tokomaha ke nga tangata 0 tona Iwi Kua noho ki tenei wenua, a e haere
mai nei.
Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kau ai
nga kino e puta mai ki te tangata Maori ki te Pakeha a noho ture kore ana.
Na, kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana
i te Roiara Nawi hei Kawana mo nga wahi katoa 0 Nu Tirani a tukua
aianei amua atu ke te Kuini e mea aiu ana ia ki nga Rangatira 0 te
wakaminenga 0 nga hapu 0 Nu Tirani me Rangatira atu enei ture ka
,korerotia nei.
KO TE TUATAHI
Ko, nga Rangatira 0 te wakaminenga me nga Rangatira katoa hoki ki
hai i uru ki tau a wakaminenga ka tuku rawa atu ki te Kuini 0 Ingarani ake
tonu atu-te Kawanatanga katoa 0 0 ratou wenua. .
KO TE TUARUA
Ko te Kuini 0 Ingarani ka wakarita ka wakaae ki nga tangata katoa 0
Nu Tirani te tino rangatiratanga 0 0 ratou kainga me 0 ratou taonga
katoa. Otiia ko nga Rangatira 0 te wakaminenga me nga Rangatira katoa
atu ka tuku ki te Kuini te hokonga 0 era wahi wenua e pai ai te tangata
mona te Wenua-ki te ritenga 0 te utu e wakaritea ai e ratou ko te kai
hoko e meatia nei e te Kuini hei kai hoko mona.
KO TE TUATORU
Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga
o te Kuini-Ki tiakina e te Kuini 0 Ingarani nga tangata maori katoa 0
Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki,
nga tangata 0 Ingarani.
,
(Signed) W. Hobson,
Consul & Lieutenant Governor-
Na ko matou ko nga Rangatira 0 te Wakaminenga 0 nga hapu 0 Nu
Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira 0 Nu
Tirani ka kite nei i te ritenga enei kopu, ka tangohia ka wakaaetia katoatia
e malOu, koia ka tonungia ai 0 matoa ingoa 0 matou tohu.
Ka meatia tenei ki Waitangi i te ono 0 nga ra 0 Pepueri i te tau kotahi
mano, e waru rau e wa te kau 0 to tatou Ariki.
75
76
MAORI PERCEPTIONS OF WATER
WAIMAORI, WAIKINO, WAIMATE, WAlTAI
HE T iMA TANGA
WAIORA
Wdiora is the purest form of water, it is the spiritual and physical
expression of Ranginui the sky father in his longed-for embrace with
Papatuanuku, the earth. Pure water is termed Te Waior's a Tane, and to the
it contains the source of life and well-being. Waiora is used in sacred
rituals to purify and to sanctify. The rain is waiora; contact with
gives it its purity as water' for human consumption. Water can
remain pure, as waiora, only if its contact with humans is protected by
appropriate ritual prayers. Waiora has the potential to give life, to sustain
Well-being, and to counteract. evil. At particulai' '.Jani tap'J (38cre':l Si.t.8S) the
sacredness of the and the purity of the other, but
if one is damaged, then so too will the other. At Waitaiki, Arahura, the mauri
of the river, the mauri of pounamu, (greenstone), and the mauri of Kai Tahu the
t.akata whenua, are inextricably linked.
WAINAORJ
.)
Water becomes when it comes into unprotected contact with humans.
It becomes waimaori in contrast to waiora, because it is normal, usual or
ordinary and no longer has any particularly sacred ass:'ciations . \-Jaimaori is
the term used to describe water that is running freely or unrestrained, or to
describe wat.er which is clear or lucid. Waimaori has a mauri (which is
generally benevolent) and which be controlled by ritual.
WAIKINO
As with other statuses of water, waikino has both and temporal
meanings. In the temporal sense, waikino is the term used to describe water
which is rushing rapidly through a gorge, or water where there are large
boulders or stibmerged snags which give the water the potential to cause harm to
humans. In the spiritual sense, waikino is water which has been polluted or
debased, spoilt or corrupted. In waikino, the mauri has been altered so that
the supernatural forces are non-selective and can cause harm to anyone. Despite
protests and warnings of potential danger sewage ponds were constructed at
Whaingaroa (Raglan) on the sIte of one of the lairs of the guardian taniwha l'e
Atai (5 Rongo. That site has been debased,' and as a consequence, the people
there believe that the guardian mauri of Te Atai 0 Rongo has the potential to
cause or calamity, so too does the waikino of that place.
WAIHATE
Waimate is water which has lost its mauri, or life. force. It is dead,
damaged or polluted water which has lost its power to rejuvenate either itself
or oth,;r llving things. Waimate, like vJail<ino, has the potential to cause
ill-fortune, contamination or to the mauri of other living or spiritual
things, including people, their kaimoana Qr their ap.riculture. The subtle
differences between waikino and waimate seem to be based on the continued
nxistence of a mauri (albeit damaged) in the former, and its total loss in the
latter. The waters of the Manukau have been described as waimate, because of
extensive industrial contamination and sewage pollution.
Haimate also has a geogr'aphical meaning; to denote sluggish water', a
backwater to a main stream or tide, but in this sense the waimate retains its
JI'Huri.
WA1TAI
Waitai is the name used to describe the the surf, or the tide. Waitai
has another meaning, rough, angry or boLsterous like the surf, or the surge of
the tide. The term waitai is used also to distinguish sea water from fresh
water (waimori). Although people did not fully comprehend the water
cycle as taught in the elementary science syllabus, particularly the cycle of
evapo:"at.i.oii acd pr'ecipitatjon, waital is water' uhleh returned to Tangaroa,
in the natural process of generation, degradation and rejuvenation. Such a
notion does not seem to be antithical to modern SCience.
(from Douglas 1984)
APPENDIX THREE
LETTER FROM NGATI RAUKAWA TO WAIPA COUNTY COUNCIL
The Chairman,
Waipa County Council,
Bank Street,
TE AWAMUTU.
Dear Sir,
Bulmer Rd.,
PUKEATUA.
September 26,1986.
77
In response to your letter of September 15 1986, we the Raw{awa
Development Trust wish it Jmown that we are still opposed to the
Council's construction plan and determination to proceed with business as
usual. In our earlier submission we stated that while we were not opposed
to development in general we wished the particular site chosen for the
erection of the reservoir to be preserved, as it is sacred to the Ngati-
Raukawa people.
Despite its claims, we feel that the Council has not seriously considered
Maori values or adequately involved the Maori community in the decision
making pertaining to the project. This is a double t.ragedY,for not only
will a sit.e of hist.oric significance to the Raukawa people be
desecrated,but it will also demonstrat.e how limited and unenlightened the
Council is.
The Trust is not opposed to science and its practitioners, but it views
with suspicion a report that upholds only material values and makes no
provision for the non-material dimension of phenomena. Granted, the
archaeologist has fulfilled the requirements of the law, but he has
denied the spirit of the Act at a t.ime when, the Waitangi Tribunal has
been insisting that the 'spirituality' of objects, rivers, mountains,
terrain and other things held sacred to the Maori people be acJmowledged.
Indeed, even a cursory view of current legislation reveals that it does
recognise metaphysical values. (1984: Centre for Maori Studies and
Research, Occasional Paper No. 26; 1985: Occasional Paper No.25).
Beside the legislative attempt to correct past insensitivites,' the
Ministry of Energy has set up a Consultancy composed of elders whose
input into energy related projects has helped prevent the disruption of
historically significant sites. And the recent publication of the
Education Department's Curriculum review shows, finally, that it too must
include and acknowledge the relevance of a Maori perspective. We feel
that it would behove the Council to follow the lead that the above
agencies have provided.
In validating our claim that the hill which the Council' is presently
excavating be preserved, we can think of no better introduction than to
quote one of King Tawhiao's most famous proverbial expressions:
2
Ko Arekahanara toku hoana kaha
Ko Kemureti toku oko horoi
Ko Ngaruawahia toku turangawaewae.
Alexandra (Pirongia) will be a symbol of my strength of
character "
Cambridge a washbowl of my sorrow
Ngaruawahia my footstool.
78
The hill upon which the Council plans to build the reservoir is
incompassed in the geographic parameters expressed above, but what King
Tawhiao was referring to was a symbolic landscape in which according to
the elders who were consulted, the hill occupied a prominent place both
before and during Tawhiao's time. The hill is called Whenuku after
Whenukurangi, the son of Tamati Te Rata, chief and ancestor of Te
Rauparaha .Upon the birth of his son Tamati Te Rata pronounced the
following:
Ka horo katoa tatou i waenganui i te repo. Ko to pare
hei rongoa rna te iwi i raro i tenei maunga 0 Roto-o-rangi.
What Tamati Te Rata meant.' by t.his expression was that his son should
defend the hill and the area below it to prevent his people from becoming
bogged down in the swamp. It follows from what the elders or kaumatua
have said, that the hill named Whenuku was a prominent lookout point for
the Raukawa occupants of Roto-o-rangi. The approach of groups whether on
missions of war or peace could be easily seen from this vantage point.
Indeed, according to our oral hist.orians, ancient battles were fought on
and in the vicinity of Whenuku.
In the 1930's, Princess Te Puea was responsible for removinq the remains
of Tamati Te Rata and fori interring them at Taupiri.The remains of two
other Raukawa chiefs, namely Te Aitu and Haami are still there, and t.he
elders believe that there could be others who fell in past battles.
These beliefs together wit.h the name given to the hill and its role in
the social life of ancient, and more recent occupants are the basis for
attributing sanctity to U{e site and for the Raukawa people regarding it
as such. They have had to ii,: submit to the indignities of confiscation and
the trampling of their mana as a consequence. They have also witnessed
the cultivation of the area by strangers, but this has not detracted from
their belief and regard of Whenw{u as a sacred place occupying, along
with many other sites in the wider locality, a symbol of their ancestors,
of their and of their ancient territory. Such values
can not be measured quantitatively or equated materially. There are more
things in heaven and earth which even hardcore scientists are beginning
to appreciate.
We ,the Raukawa Trust Board as representatives of the Raukawa people ask
no more than that the Waipa County Council cease their present operations
and build on the alternative site selected two years ago.
Yours faithfully,
Secretary
Raukawa Development Trusti,
,1
(from N. Hopa CMSR University Waikato)