In order to analyse this policy issue effectively, the current state of government law surrounding the issue needs to be identified. At the moment the RMA includes five provisions which involve Maori rights that must be addressed in building and development plans. They are Section 6(e), Section 7(a), Section 8, Sections 61, 66 and 74, and Clause 3, First Schedule.[1] Sections 7(a) and (b) of the Act will only be considered as they identify closely to the purposes of this report that, is the recognition of kaitiakitanga and the management of natural resources. The section states that ‘all persons exercising functions and powers under it [the Act], in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to: a) kaitiakitanga; and b) the effective use and development of natural and physical resources.’[2] Consultation and discussion between Maori and local councils is imperative when commercial developments are being considered. Maori kin groups, as kaitiaki over natural resources in their regions, are dependent on the RMA because the Act determines how iwi and hapu aspirations are included in formal decisions pertaining to environmental management. Although sections 7(a) and (b) are concerned with kaitiakitanga and environmental management, it has been argued that this section (as well as other sections), is at times ambiguous and unclear. This could be troublesome to Maori who may have different views to local councils and developers on how to implement these sections when it comes to public or private development plans. But at the same time, it may be ambiguous to non-Maori who may also find the term kaitiakitanga unclear. Further discussions and policy development, therefore, may be needed to clarify these elements of the Act.
[1] Resource Management Act 1991.
[2] Resource Management Act 1991.