Kāwana accountability to Tangata Whenua
3
Rangatiratanga
Kāwanatanga
Tangata Whenua
Kāwana
Kāwanatanga
The Kāwana considers its responsibilities to Māori
in the enactment of the legislation, especially
more recent laws where such responsibility is
explicitly stated – for example, the Ministry for
the Environment and oversight of the Resource
Management Act 1991 (RMA). This fits the
constructive accountability process in terms of
monitoring, review, and remediation. However,
although accountabilities are identified in the
RMA, at Kāwana and local government level,
accountability is weak or lacking and mechanisms
for redress do not satisfy Māori concerns. As
Hudson and Russell note: “Over the years, Māori
have made repeated claims to the Waitangi
Tribunal that their rights, as guaranteed under
the Treaty of Waitangi, have been breached …
[and] the State has an obligation to both recognise
Māori aspirations for self-determination and
protect the interests of Māori.”78 While this may
be intended through legislation, the response to
Māori, that is, the Kāwana accountability to Māori,
requires strengthening. This systemic failure can
be explained by different ways of knowing and
doing, and “to ignore the reality of inter-cultural
differences is to live with outdated notions”.79
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An example relating to lack of responsiveness or
application of the RMA is the conflict of values of
whenua as a commodity and as an identity for
Māori.
Both the Human Rights Commissioner and
the Auditor-General have drawn attention
to accountability. In his report on public
accountability the Auditor-General stated:
The way we think about public accountability
needs to change. Long-term stewardship
of New Zealanders’ well-being needs to be
valued as much as short-term management of
current issues.80
The Auditor-General’s comments refer to the way
in which all public organisations demonstrate
to Parliament and the public their competence,
reliability, and honesty in using public money
and resources. However, although this is vital
for the Kāwana and the public sector, in this
Kāwana system, Te Tiriti is not recognised
and “accountability arrangements related to
Te Tiriti continue to evolve”.81 This report did
Te Kāhui Tika Tangata New Zealand Human Rights Commission Housing Inquiry