Māori and the EEZ Act
The EEZ Act does not contain a Treaty of Waitangi provision (compare Section 8 of the RMA). The Act states that its provision for aMāori Advisory Committee, iwi feedback on regulations, consideration of existing interests, and notification of consent applications to iwi ensures the legislation gives effect to the principles of the Treaty of Waitangi.
The Māori Advisory Committee provides advice to the EPA on matters relating to policy, process and decisions of the EPA. The advice and assistance is given from a Māori perspective. Iwi authorities (as well as the public, regional councils and persons whose existing interests are likely to be affected) are notified of proposed regulations and given adequate time and opportunity to comment on the proposed regulations.
Iwi authorities, customary marine title groups 1636 and protected customary rights groups 1637 are to be notified of a marine consent application if the EPA considers they may be affected. Full rights of participation (along with everyone else) allow kaitiakitanga to be addressed in submissions and at hearings.
Iwi authorities, customary marine title groups and protected customary rights groups are to be notified of a marine consent application which is for a non-notified activity. Ministers, Maritime NZ, persons with existing interests that may be affected, and affected regional councils may also be notified. Unless EEZ decision-makers specifically require information from groups notified (under s44) there is limited opportunity for these Māori groups to give feedback, potentially inhibiting the ability for Māori to undertake their kaitiakitanga responsibilities.
When considering an application for a marine consent, the EPA must take into account any effects on existing interests of allowing the activity. This is particularly relevant to iwi fishing interests. The EPA must also have regard to any advice received from the Māori Advisory Committee.
EEZ Act section 12
A group to which a customary marine title order applies. A customary marine title order means an order of the Court granted in recognition of a customary marine title of a customary marine title group, customary marine title exists in a specified area if the applicant group holds the specified area in accordance with tikanga and has exclusively used and occupied the area from 1840 to the present day without substantial interruption or received the area after 1840 through a customary transfer. Marine and Coastal Area (Takutai Moana) Act 2011, section 9
A group to which a protected customary rights order applies. A protected customary rights order means an order of the Court granted in recognition of the protected customary rights of a protected customary rights group, a protected customary right is a right that has been exercised since 1840, which continues to be exercised in a particular area in accordance with tikanga by the applicant group (the way it is exercised may evolve over time), and is not extinguished as a matter of law Marine and Coastal Area (Takutai Moana) Act 2011, section 9
Last updated at 2:53PM on December 16, 2014