The Ministry for the Environment works closely with the Office
of Treaty Settlements – the Crown agency charged with negotiating
Treaty of Waitangi claim settlements. Generally historical land claim
settlements include a range of redress mechanisms relating to resource
management. These include:
- Statutory Acknowledgements – Statutory Acknowledgements
record the traditional significance to claimants of sites that are
in Crown ownership. They require that the claimant group must be informed
whenever a local authority receives a resource consent application
affecting a site that is subject to a Statutory Acknowledgement; and
that a local authority must have regard to the Statutory Acknowledgement
when deciding whether the claimant group is “adversely affected”
by an activity for which a resource consent is sought. When dealing
with a resource consent application, the Environment Court must also
have regard to any relevant statutory acknowledgements in determining
whether the claimant group has an interest in the proceedings greater
than that of the general public.
- Deeds of Recognition – Where a Statutory
Acknowledgement exists over a site that the Crown owns and manages,
the Crown may enter into a Deed of Recognition with the claimant group.
Deeds of Recognition provide that the claimant group must be consulted
on certain matters.
- Monitoring provisions – Settlements generally
include a requirement that the Ministry for the Environment will monitor
the implementation of provisions of the Resource Management Act relating
to the Treaty of Waitangi and other relevant matters in the claimants’
area of interest.
- Memoranda of Understanding with Local Authorities – Settlements often include an offer for the Minister for the
Environment to write to the local authorities in the claimants’
area of interest encouraging them to enter into memoranda of understanding
with the claimants in relation to particular matters. Such matters
can include Resource Management Act processes, the naming of streets
and places, and the management of council-administered reserves.
on Treaty settlements is available on the government's Treaty of
Last updated: 17 September 2007