FMC has written a submission to the proposed Principles of the Treaty of Waitangi Bill. Our submission focuses on areas related to the negative effects the Bill will have on the governance and management of public conservation lands.
We are concerned that the Principles of the Treaty of Waitangi Bill will affect the Conservation Act 1987. Section 4 of the Conservation Act 1987 directly incorporates the ‘principles’ of the Treaty of Waitangi, requiring the Conservation Act 1987 to be “interpreted and administered as to give effect to the principles of the Treaty of Waitangi.”
Since the Conservation Act 1987 was enacted, we have been engaging with the Department of Conservation, iwi Māori and others in terms of implementation of the Act. This gives us a solid and grounded understanding of the Conservation Act 1987 and how it should be implemented, including Section 4 of the Act. As a result, we take a constructive approach to working with iwi Māori. We believe that this enriches all New Zealanders’ experiences in the backcountry.
Section 4 of the Conservation Act 1987 already provides guidance on implementing the Treaty of Waitangi / Te Tiriti o Waitangi. Any challenges in applying or interpreting this section have arisen from departmental and governmental inaction, rather than from a lack of direction.
We are concerned about the current government’s willingness to centralise decision-making on conservation issues in the hands of the Minister of Conservation. The government has also recently signalled plans to weaken key sources of independent advice—the New Zealand Conservation Authority and Conservation Boards. We view Section 4 of the Conservation Act 1987 and the New Zealand Conservation Authority as essential safeguards against potential ministerial overreach or ill-judgements.
FMC does not support the Principles of the Treaty of Waitangi Bill and believes the subject of the Treaty of Waitangi is too complex for a referendum. If the referendum proceeds and the Bill becomes law, we are concerned it will lead to unnecessary and undesirable uncertainty and detrimental effects for conservation and backcountry recreation outcomes.
Photo: Glenys Robertson
