The National Iwi Chairs Forum has today filed proceedings, through member Chair Tukoroirangi Morgan, seeking declarations clarifying what is required to uphold Treaty of Waitangi settlements in the context of resource management reform.

The National Iwi Chairs Forum was established in 2005 and its membership presently comprises approximately 85 iwi from across Aotearoa New Zealand, represented through their respective Chairpersons. Mr Morgan is the Chair of Te Pou Taiao, which advances the environmental work of the Forum.

The move comes as the Government’s proposed timeframe for introducing replacement RMA legislation by the end of the year approaches.

“Treaty of Waitangi settlements are a solemn compact between iwi and hapū and the Crown, giving rise to a series of obligations on the Crown to uphold those settlements with honour and integrity”, says Morgan.

Despite this Government’s statement that it intends to uphold Treaty settlements, the National Iwi Chairs Forum say iwi and hapū engagement on RMA reform has given them no confidence that the Government has any true understanding, ability or capacity to uphold the integrity, intent and effect of our settlements.

“The Government’s announcements about replacement RMA legislation show that decisions on the new regime have been substantively made, and iwi and hapū are being engaged on our settlements as an afterthought.”

The Crown chose to intrinsically interweave the settlement of iwi and hapū historical claims with existing resource management law. Treaty settlements must therefore be foundational to the development of the new regime; the Crown cannot unilaterally change settlements in a manner that diminishes that compact.

“That will give rise to fresh grievances and the need to re-negotiate all of our compacts”, says Morgan. “So we are going to Court to seek that confirmation, because this Government is not listening, so it needs to be told.”

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