Tukoroirangi Morgan moves to uphold Treaty Settlements in the face of RMA Reform

Waikato Executive Chair, Tukoroirangi Morgan, has today filed proceedings on behalf of the National Iwi Chairs Forum and the iwi of Waikato, seeking declarations clarifying what is required to uphold Treaty of Waitangi settlements in the context of resource management reform.

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 who, together with the late Lady Raiha Mahuta, negotiated the Waikato River Settlement and Kiingitanga Accord. 

Despite this Government’s statement that it intends to uphold Treaty settlements, iwi and hapuu engagement on RMA reform has given he and other iwi and hapuu leaders no confidence that the Government has any true understanding, ability or capacity to uphold the integrity, intent and effect of settlements.

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

The Crown chose to intrinsically interweave the settlement of iwi and hapuu 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.”