Re: Waitangi Tribunal report: Ngā Mātāpono – The Principles: The Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry Panel on The Crown’s Treaty Principles Bill and Treaty Clause Review Policies

The New Zealand Conservation Authority (Authority) appreciates the Waitangi Tribunal’s strong advocacy for section 4 of the Conservation Act 1985. The Authority also has concerns for the future of the section.

We agree with the report when it says that the safeguards contained in treaty principles clauses of legislation are “extremely important, particularly in resource and environmental management, matters which are of significant concern to Māori.” We also applaud the Tribunals recognition of the role of the Department of Conservation (DOC) when they note that DOC is responsible for “eight million hectares of precious landscapes and ecosystems, marine reserves, and all species of indigenous flora and fauna.”

The Tribunal says that DOC’s role is crucial to Māori because “DOC has charge of much of the remaining environment in which mātauranga Māori evolved, and which Māori culture needs for its ongoing survival”. We agree that treaty clauses such as section 4 safeguard our natural environment for all New Zealanders, including future generations. That means that any proposal to change to such a safeguard has to be done in collaboration and co-design with Māori, with great care and consideration.

We remain committed to our responsibilities to acting consistently with section 4 and upholding the values of all New Zealanders, including the values of kaitaikitanga, manaakitanga and rangatiratanga.

We do not think there is any need to review, let alone change section 4 of the Conservation Act. In this respect we are very concerned with the policy that requires a review of section 4 along with other treaty principles clauses in legislation. The Options Development Group report has provided a detailed analysis of how the department might better meet its section 4 obligations.

That report is still very current and could be considered a sufficiently recent review with relevant recommendations. We are committed to assisting the department to address those recommendations and make any necessary improvements.

We welcome a conversation with you about the future implementation of section 4, the Options Development Group report and how we might together, continue to improve the relationship of Māori to the public conservation lands.