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Legislation enables customary management and EBM- rāhui
Current New Zealand law partially supports Māori customary management, but more holistic policies are needed for meaningful ecosystem-based management.
Introduction to customary management
This research focuses on how current legislative frameworks in Aotearoa New Zealand enable customary management, particularly in marine and coastal areas. It examines the adoption of ecosystem-based management (EBM) and analyses its alignment with traditional Māori strategies, such as rāhui, for managing natural resources. Rāhui, a form of resource management restriction based on Māori customary law, is considered alongside contemporary governance practices, investigating both the potential and constraints offered by current legislation.
Detailed analysis of legislation and policy
The paper scrutinises various national and regional legislation and policies, including the Fisheries Act, the Resource Management Act, and the Marine and Coastal Area Act, to evaluate their efficacy in incorporating traditional Māori approaches to resource management. Treaties and special legislation that provide for co-management between Māori and the Crown are also assessed. These include the recent legal recognitions of Te Urewera and the Whanganui River as entities with their own rights, marking significant advances in aligning legislation with Indigenous values and EBM principles.
Challenges, solutions, and future directions
While certain Treaty settlements and special legislation have begun to offer better resource governance frameworks, the paper argues that the majority of environmental legislation in New Zealand is not holistically conducive to either EBM or customary management. Therefore, an urgent reform of environmental policy is needed to effectively empower Māori as Treaty partners, facilitate the practice of kaitiakitanga, and provide holistic and sustainable management of marine and coastal resources. The paper suggests looking towards integrative approaches that have emerged from special legislation as models for future policies that uphold both EBM and Māori resource management principles.
Key insights
Need for policy overhaul to integrate Māori values
The analysis shows existing legislative frameworks lack comprehensive support for Māori customary management and EBM. There's a call for significant policy revision to incorporate Māori environmental ethics, enabling the guardianship principle of kaitiakitanga and holistic ecosystem consideration.
Treaty settlements fostering ecosystem-based management
Treaty settlements are providing models for resource governance that respect Māori traditions and EBM. The paper highlights Te Urewera and Whanganui River settlements as examples where the environment itself is granted legal personhood, empowering Māori through concepts like rāhui for holistic resource management.
Challenges in empowering Māori as Treaty partners
Despite advancements, systemic obstacles hinder full Māori participation as Treaty partners in resource management. The document suggests that even when frameworks appear promising, there is often inconsistency in enabling the authority of Māori, as necessary for true partnership governance, to maintain resource integrity.
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Knowledge guiding change.
© Copyright 2024 - Tohorā
© Copyright 2024 - Tohorā
Knowledge guiding change.
