Giving effect to section 4 of the Conservation Act 1987
Treaty House, Waitangi
The Authority held a workshop at Waihi Marae on 8 December 1999 in order to identify the means by which it would give recognition to its responsibilities under section 4 of the Conservation Act 1987 which reads:
"This Act shall be so interpreted and administered as to give effect to the principles of the Treaty of Waitangi."
The following motives supported its agreed actions:
- the desire to develop a process within the legislative framework which would give certainty and ensure that matters are considered appropriately;
- the desire to provide leadership to conservation boards and society at large on substantive matters through the development of that process;
- the desire to give effect to section 4 on specific matters in practical ways; and
- the desire to deal with issues arising from the aspirations and concerns of Maori and the wider community.
The Authority identified three principles guiding its actions:
- section 4 is the responsibility of every member;
- reasonableness and mana recognition should be exercised;
- decisions should always contain an explicit statement of how section 4 was addressed.
The Authority decided to require the Department to consider in any papers prepared for the Authority and to similarly require of itself in any papers generated by itself, the following information:
- what the section 4 considerations are;
- what consultation with tangata whenua/mana whenua has been undertaken or, if none, then how an informed decision can still be made;
- whether adequate information was provided for the consultation, and what was the nature of that process and information;
- what comments those consulted had to make, and
- how those comments have been taken into account in reaching a recommendation or any decision.
The Authority has also agreed to:
- keep a record of current section 4 issues of importance;
- meet with tangata whenua/mana whenua when travelling out of Wellington in the context of field trips, when appropriate;
- conduct an annual self-review of its performance;
- advocate for the adoption of similar processes by the conservation boards;
- keep a record of agreed positions arising from section 4 considerations.
Revised June 2007
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