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Planning Bill

Preliminary provisions

8: Treaty of Waitangi/Tiriti o Waitangi

You could also call this:

"How the Treaty of Waitangi/Tiriti o Waitangi is recognised in planning decisions"

Illustration for Planning Bill

This proposed law aims to recognise the Crown's responsibilities under the Treaty of Waitangi/te Tiriti o Waitangi. You will see changes to how Māori interests are considered in planning decisions. The proposed law sets out how Māori will be involved in developing national instruments, spatial planning, and land use plans. The Minister must consult with iwi authorities before making a national instrument. You can find more information about this in section 46. When creating regional spatial plans, the Minister must also consult with iwi authorities and relevant customary marine title groups. When preparing land use plans, territorial authorities must consider any statutory acknowledgements and relevant planning documents recognised by iwi authorities. You can find more information about this in section 80(4)‎(b). Territorial authorities must also prepare and change their land use plans in accordance with any applicable iwi participation legislation. Before notifying a proposed land use plan, territorial authorities must consult with tangata whenua and provide them with a draft of the plan. They must also consider any advice they receive. The proposed law also imposes duties on persons exercising powers or performing functions relating to designations, in relation to identified Māori land, as set out in clause 2 of Schedule 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528822.

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Topics:
Environment and resources > Town planningMāori affairs > Treaty of WaitangiMāori affairs > Māori landHousing and property > Land use
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Part 1Preliminary provisions

8Treaty of Waitangi/Tiriti o Waitangi

  1. To recognise the Crown’s responsibilities in relation to the Treaty of Waitangi/te Tiriti o Waitangi,—

    Māori interests goal

  2. section 11 provides for Māori interests through—
    1. Māori participation in the development of national instruments, spatial planning, and land use plans; and
      1. the identification and protection of sites of significance to Māori (including, wāhi tapu, water bodies, or sites in or on the coastal marine area); and
        1. enabling the development and protection of identified Māori land:

          2. Process for making national instrument

        2. section 46 requires the Minister to consult with iwi authorities before publicly notifying a proposed national instrument:

            1. Regional spatial plans

          1. in relation to regional spatial plans—
            1. section 70 requires the Minister to consult with iwi authorities and relevant customary marine title groups throughout the preparation of a regional spatial plan:
              1. clause 10 of Schedule 2 imposes on the spatial planning committee duties relating to identified Māori land:

                2. Land use plans

              2. in relation to land use plans,—
                1. section 80(4)(b) requires territorial authorities to have regard to any statutory acknowledgement, and any relevant planning document recognised by an iwi authority when preparing and deciding land use plans; and
                  1. clause 3 of Schedule 3 require territorial authorities to prepare and change their land use plans in accordance with any applicable iwi participation legislation, any agreement under that legislation, and any existing or initiated Mana Whakahono ā Rohe; and
                    1. clauses 5(1) and 14 of Schedule 3 require territorial authorities to do the following before notifying a proposed land use plan for submissions—
                      1. consult tangata whenua (through iwi authorities) and relevant customary marine title groups:
                        1. provide those groups with a draft of the proposed plan:
                          1. have regard to any advice they provide:

                          2. Designations

                        2. clause 2 of Schedule 5 imposes on persons exercising powers or performing functions relating to a designation, duties relating to identified Māori land.