HUMAN RIGHTS IN NEW ZEALAND 20 1 0 The Historic Places Act 1993 provides for the recognition on Auckland Governance considered Mäori representa- of ”the relationship of Mäori and their culture and tion when making recommendations on the composition traditions with their ancestral lands, water, sites, wähi of the new Auckland Council,14 but the final legislation tapu (sacred sites), and other taonga”. The act establishes establishing the council did not include Mäori wards. the Mäori Heritage Council, which comprises a minimum of three appointed or elected Mäori members of the Historic Places Trust Board, one other board member, and four people appointed by the Minister of Culture and Heritage. The functions of the council include: protecting and registering wähi tapu and wähi tapu areas; assisting the Historic Places Trust to develop and reflect a bicultural view in the exercise of its powers and functions; and providing assistance to whänau, hapü and iwi in the preservation and management of their heritage resources. The Bay of Plenty Regional Council (Mäori Constituency Empowering) Act 2001 was passed after an extensive process of public consultation. It gives Bay of Plenty Mäori on the Mäori electoral roll the right to vote for regional councillors in Mäori constituencies. The number of constituencies is determined by a formula, set out The Local Government Act 2002 gives recognition to the Crown’s responsibilities under the Treaty of Waitangi. This includes the maintenance and improvement of opportunities for Mäori to contribute to local government decision-making processes. Specific processes are set out for consulting Mäori, and annual reporting is required to illustrate what has been done to strengthen Mäori participation. The Resource Management Act 1991 incorporates a number of tikanga Mäori concepts and provides for local authorities to have particular regard for kaitiakitanga and the principles of the Treaty. It also declares the relationship of Mäori, and their culture and traditions, with their ancestral lands, water, sites, wähi tapu and other taonga to be a matter of national importance. in section 6 of the act, that preserves the democratic The Ministry for the Environment, the Ministry of principle of ‘one person, one vote’ across both general Fisheries, the Ministry of Agriculture and Forestry and and Mäori constituencies. There are currently three Mäori the Department of Conservation have important roles wards in the Bay of Plenty which return councillors to in relation to Mäori resource management issues. For what is now called Environment Bay of Plenty. example, the Ministry of Fisheries can establish protective The Local Government Electoral Amendment Act 2002 extended the option of Mäori wards or constituencies that had been established in the Bay of Plenty to all regional councils and territorial local authorities. As a result of the mechanisms (taiapure-local fisheries and mätaitai reserves) in conjunction with iwi to protect significant sites for Mäori. Since 1996, eight taiapure-local fisheries and 10 mätaitai reserves have been established. amendment, section 19Z of the Local Electoral Act 2001 The Resource Management Act 1991 also established the provides that a territorial authority may resolve that its Environment Court (previously the Planning Tribunal), and district be divided into one or more Mäori wards, and any two of the judges of the Mäori Land Court hold alternate regional council may resolve that its region be divided warrants to sit and hear cases on it. The Environment into one or more Mäori constituencies, for electoral Court is continuing to build its own capacity through purposes. The council must notify the public of their right training and the experience of hearings commissioners to demand a poll of all voters on the question. knowledgeable in Mäori issues to deal with matters of The resolution takes effect for the next two triennial kaitiakitanga and the relationship, culture and traditions elections and continues thereafter subject to any further that Mäori have with their ancestral lands, water, sites, resolution or poll demanded by voters. waahi tapu and other taonga. A number of councils have considered the option since The Mäori Language Act 1987 recognises Mäori as an then, but none have taken it up. The Royal Commission official language of New Zealand. It established Te Taura 14 Royal Commission on Auckland Governance (2009), Report of the Royal Commission on Auckland Governance (Auckland: Royal Commission), volume 1, part 4: Structural Reform, section 22: Maori, pp 477–496. Accessible online at http://www.royalcommission.govt. nz/rccms.nsf/0/553AC2E8BDABC593CC25758500423FA5/$FILE/Vol1Contents.pdf?open 47