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Natural Environment Bill

Preliminary provisions

8: Treaty of Waitangi/Tiriti o Waitangi

You could also call this:

"Recognising the Treaty of Waitangi in New Zealand's environment law"

Illustration for Natural Environment Bill

The proposed Natural Environment Bill aims to recognise the Crown's responsibilities under the Treaty of Waitangi/te Tiriti o Waitangi. You will see changes that affect Māori interests, such as Māori participation in planning and protection of special sites. The bill also requires consultation with iwi authorities when making important decisions about the environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528790.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningMāori affairs > Treaty of WaitangiMāori affairs > Māori land
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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 70 requires the Minister to consult with iwi authorities before publicly notifying a proposed national instrument:

            1. Natural environment plans

          1. in relation to natural environment plans,—
            1. clause 97(4)(b) requires regional councils to have regard to any statutory acknowledgement, and relevant planning document recognised by an iwi authority, when preparing and deciding a natural environment plan; and
              1. clause 3 of Schedule 3 of the Planning Act 2025 requires regional councils to prepare and change their natural environment 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 of the Planning Act 2025 require regional councils to do the following before notifying a proposed natural environment 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; and
                      1. have regard to any advice they provide.