52
Maranga Mai!
Local authorities operate under the fiction that
they are not the Crown, so they don’t have to
respect or honour Te Tiriti. Local government is
a new forefront for us – they pretend they’re
not the Crown, but the Crown empowered them
(Smith, 2021).
Any history of the development of public works
takings in New Zealand must inevitably include
local authorities, as they and their predecessor
organisations such as provincial councils were
thoroughly and inextricably involved in the history
and evolution of public works takings. In later
years the responsibilities and activities of central
and local government were also often very closely
linked to this activity (Marr, 1997, p. 3).
Public Works and local authority land takings
were typically for the development of projects
and infrastructure needed for the settler state.
Māori rarely benefitted leading to further destitution
(Reid et al, 2017, p. 67).
The Pukekohe Council refused to allow the
development of Māori housing “for decades”.
Landlords were barred from renting houses to
Māori (Bartholomew, 2020, p. 10). This meant
Māori paid rates to local bodies, on which they
were not represented, for services they did not
receive (Ministry for Culture and Heritage, 2016b).
The Whenua Māori Rating
Amendment Act (2021)
Complex land legislation continues to hamper iwi,
hapū and whānau from developing or building on
Māori land today. The new Whenua Māori Rating
Amendment Act (2021) allows councils to waive rates
to make it easier for Māori whānau to utilise their land:
Local Government Minister Nanaia Mahuta said
nearly 100 years of a system that was not fit for
Māori had resulted in the underdevelopment of
Māori land and disadvantage for Māori living on
Māori land. It had also resulted in a level of rates
arrears which unfairly represented the level of
unpaid rates on Māori-owned land (Ellis, 2021).
While progressive, the Act contains no requirement for
the abatement of unpaid rates debt and there is no
provision to compensate for or address the decades
of local council neglect in providing infrastructure to
Māori land. Aotearoa is currently in the midst of a
housing crisis. The Waitangi Tribunal is hearing a claim
concerning housing (Housing Policy and Services
Inquiry, Wai 2750) and Te Kāhui Tika Tangata, the
Human Rights Commission has undertaken an inquiry
into this country’s housing crisis which found that
successive New Zealand governments have breached
Māori and human rights, and Tiriti obligations,
regarding the right to be housed. As the inquiry
Right to a decent home: Measuring Progress states:
Home ownership is one of the main sources
of wealth in Aotearoa. People who own their
own home tend to find housing more affordable,
but in recent years it has become increasingly
difficult for people to become homeowners.
This is particularly true for Māori, Pacific peoples,
and younger people.
Home ownership has declined since the
1980s, with Māori experiencing among the lowest
home ownership rates (45%), just above Middle
Eastern, Latin American and African people
(38%) and Pasifika peoples at 35% (Human Rights
Commission, 2022).
Māori home ownership rates have been falling
nationally since 1999, with the 2021 Census showing
it had plummeted to 26 percent, compared with
home ownership of 41 percent for non-Māori
(NZ Statistics, 2021).
If developers’ demands are met and new
homes are built, tangata whenua will not
be able to afford them in the current market and
freeing up land under the RMA will do nothing
to address the housing instability for tangata
whenua. We can assume that this land and these
new homes will go to an expanding non-Māori
population and likely only to those who are “wellheeled middle classes” (McCarten, M., 2021).