Taupō District Council – Tūwharetoa Māori Trust Board Agreement

May I begin by greeting everyone in the languages of the realm of New Zealand, in English, Maori, Cook Island Maori, Niuean, Tokelauan and New Zealand Sign Language.   Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and as it is the morning (Sign)

May I specifically greet you: Te Ariki Tumu te Heuheu, Paramount Chief of Ngāti Tūwharetoa and Chairman of the Tūwharetoa Maori Trust Board; kaumatua and kuia of Tūwharetoa; Rakei Taiaroa, Secretary of the Trust Board; Your Worship Rick Cooper, Mayor of Taupō and your fellow councillors; Rob Williams, Chief Executive of Taupō District Council and your fellow staff; Peter Buckley and Rob Laing, Chair and Chief Executive respectively of Environment Waikato Regional Council; Louise Upston, MP for Taupō; Hon Nanaia Mahuta, MP for Hauraki-Waikato; Distinguished Guests otherwise; Ladies and Gentlemen.

Thank you for inviting my wife Susan and I to this historic signing of a joint management agreement between Taupō District Council and Ngāti Tūwharetoa.

This is the first occasion that I have been on Tapeka Marae and I wish to pay respects to this historic place and all those who have served it in the past. Saying that has a particular significance for anyone who like myself studied law before 1970.  It took many years for our country to develop a brand of administrative law. Legislation in 1972 provided judicial review of administrative action as a remedy which would be easily accessible to New Zealandlitigants.  It had taken years of litigation and many suggestions about making this sort of court action possible before this happened.

In the mind of any law student before 1970 there is the famous case in the Privy Council in London of Hoani Te Heuheu Tukino and the Aotea District Land Board in 1941 where redress was sought invoking the Treaty of Waitangi.  The case was unsuccessful, then, but the case was an important waypoint towards a better future.  This has been provided both by later legislation and decisions of our courts.

Turning to the agreement which is the pivotal point of this gathering, it marks the first time that local government has granted to iwi, decision-making powers in resource consent decisions under the Resource Management Act.  It arises as a result of an amendment to the law in 2005.

As a result of this agreement, a joint committee will be established in which appropriately qualified iwi appointees will join councillors in considering resource consent and private plan hearings changes that apply to Maori multiple-owned freehold land.Given that more than 50 percent of the freehold land in the Taupō District is in Maori ownership, this could easily be described as a commonsense answer to an obvious situation.

But I believe the agreement is more than that.  In a wider sense, it reflects the wider obligation on those exercising functions and powers, both under the Resource Management Act, and the Local Government Act to take account of the principles of the Treaty of Waitangi.  Hoani Te Heuheu Tukino died in 1944.  He would I feel look at what has been achieved by his mokopuna with pride and satisfaction.

As we all know, the road from the signing of the Treaty in 1840 to the signing of this agreement today has at times been difficult and perilous.  If I can stretch the analogy a little further, at times the bridges across major rivers and ravines were destroyed.But the bridges were rebuilt. Ravines that once seemed unpassable have been crossed.  Rivers that once seemed too wide, have been bridged.

Those obstacles have been surmounted because people and organisations, like the representatives of the Taupō District Council and Tūwharetoa Māori Trust Board here today, have been prepared to negotiate and reach agreements in good faith.  As with all things in life, whether they are agreements between people, contracts between businesses, or treaties between nation states, negotiating and signing an agreement is just the beginning of the relationship.

Once the ink is dry, the implementation of this agreement will require both parties to act honourably with each other and to work together in partnership.  For the Council, past practices and ways of doing business will have to be looked at in a new way.  Some may still be suitable but others may have to be modified or even abandoned.  For any organisation, that can be unsettling.

For the Trust Board, this agreement bestows upon it significant obligations, responsibilities and powers.  Incorporating those responsibilities will also require it to also look afresh at past practices as well as developing new processes.

For both parties, the successful implementation of this agreement is about more than just resource consent applications.I am sure that both parties are very aware that it has the potential to lead to further collaborative initiatives between the Council and Ngāti Tūwharetoa.  Likewise, I am sure that many other local authorities and iwi considering or contemplating similar agreements will be closely watching the experiences of the Council and the Trust Board. The boundaries of Ngāti Tūwharetoa for example, extend far beyond those of the Taupō District Council.

In this sense then, both the Council and Ngāti Tūwharetoa are moving on to uncharted terrain.  But if the values that have brought everyone to this ceremony - partnership and good faith are adhered to, then I am confident of future success.  In this, there is a well known proverb that emphasises the greater gains to be made when we co-operate and work together.  In Maori it goes: Nāu te rourou, nāku te rourou, ka ora te iwi. Which translates as: "Your food basket and my food basket will satisfy the people. 

And on that note, and wishing the participants well, I will close in our country's first language Maori, offering everyone greetings and wishing you all good health and fortitude in your endeavours. No reira, tena koutou, tena koutou, kia ora, kia kaha, tena koutou katoa.