James Barnes is Managing Director of James Barnes &
Associated Ltd which is a company that has invested ten years of development to
provide developers with a transparent, user friendly consultation framework that
identifies who needs to be consulted, how they are to be consulted and
procedures required to manage the risks associated with getting all the
wrong!
Despite the assertion above, this paper is not about to
provide delegates with the answer to whom they ought to consult or identify the
expectations that Maori might have in regard to the consultation process. It
would be a very brave person indeed who would venture an opinion on such a
sensitive subject. There are no short cuts to finding out what expectations
Maori might have on any given situation. Nothing can be taken for granted.
What this paper will attempt to do however is provide
practical insights into what might be on the minds of Maori interests as they
deal with the issues associated with mineral resources, particularly those under
Treaty of Waitangi Claim.
The Treaty of Waitangi has a significant bearing on the
current debate between Maori and the Crown regarding ownership of mineral
resources in New Zealand. The
Waitangi Tribunal is currently hearing a case presented by a number of Iwi over
the ownership of oil and gas resources in Taranaki and Hawkes Bay. Others will follow.
The Crown and Maori have never been able to settle
differences over ownership rights without resorting to legal action and it looks
like this scenario is about to be repeated in regards to minerals. The Crown has
a duty to actively protect the Maori interest. This is a fundamental expectation
in the relationship between Maori and the Crown. In the case of minerals, Maori
have yet to see the Crown do its duty. The impact on developers has become
evident through Maori objections to consent applications as the issues of
mineral right remain unresolved.