Māori rights are once again caught in the firing line as the government proposes the removal of Te Mana o te Wai under the new Resource Management Amendment Bill.
That’s the expert legal analysis from Te Tai Kaha Māori Collective’s chair Kingi Smiler, a Māori legal expert who fears the coalition government is aiming to remove Māori from the statute books.
He calls this week’s development another act of the government removing Māori consultation from consent processes.
“Māori should be extremely concerned about the removal of Te Mana o te Wai from the Resouce Management, resource consent process. Like the Oranga Tamariki bill, this is both ideological and irrational and is merely removing matters to deal with Māori concepts and Māori names just for the sake of it,” he says.
Te Mana o te Wai is a part of the National Policy statement formed to protect the quality of fresh waterways, embodying Māori and bi-cultural values to encourage local councils’ collaboration with Māori.
However, the coalition government is working to remove this consent process that was introduced in 2020 by the Labour government.
“All of these changes are going to have a significant impact on the degradation and the quality of our waterways and also is removing Māori from being a part of the decision-making process on the consenting process.”
What is Te Mana o te Wai?
The National Policy Statement - Freshwater Management (NPS-FM) includes the fundamental concept Te Mana o te Wai, which contains a hierarchy of obligations. The hierarchy of obligations prioritises:
• first, the health and well-being of water bodies and freshwater ecosystems;
• second, the health needs of people (such as drinking water); and
• third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and into the future.
The hierarchy of obligations plays a key role in the development of environmental outcomes in regional policy statements and plans looking across all freshwater activities in a catchment. It also informs the content of and guides decision-making on, resource consent applications.
Te Mana o te Wai is a bicultural framework that ensures appropriate water allocation in everyone’s interests.
Smiler says the coalition government is proritising economic growth over the quality of waterways.
“This has been a significant attack on Māori and bi-culturalism in this country and it’s really disappointing that this government would pursue such a course of action,”
The removal of Te Mana o te Wai follows the Oranga Tamariki section 7AA repeal where consultation with Māori is disregarded and is no longer required.
Smiler is concerned Māori are going to be in for a lot worse in the coming years.
“There is significant support for the notion of Te Mana o te Wai, and I think if this government resets, there will be a recognition that they’re listening and that the contribution that we all make to the environment is really important,” he says.
The Tai Kaha Māori Collective wants to see the government pay mind to the quality and survival of fresh waterways and the environment.
Government response
Acting Minister Responsible for RMA Reform, Hon Tama Potaka responded to Te Ao Māori News saying the RMA bill is looking at removing a hierarchy system to ‘better reflect the interests of all water users.
“The Resource Management (Freshwater and Other Matters) Amendment Bill proposes to exclude the hierarchy of obligations in the National Policy Statement for Freshwater Management (NPS-FM) from individual resource consenting.
“We are aware that some councils are continuing to require individual resource consent applicants to demonstrate how their activity adheres to the Te Mana o te Wai hierarchy of obligations in the NPS-FM. Excluding the hierarchy from resource consenting will reduce burden for resource consent applicants while a review and replacement of the NPS-FM is undertaken.
This Bill does not change the requirement on regional councils to give effect to Te Mana o te Wai (including the hierarchy of obligations) in their regional policy statements and plans.
The Government has committed to replacing the NPS-FM within this parliamentary term to rebalance Te Mana o te Wai to better reflect the interests of all water users.
The Primary Production Committee is currently considering the Bill and is due to report back at the end of September. I look forward to receiving the Committee’s recommendations on the Bill.”