Ngāi Tahu Heads to Court to Protect its Treaty Settlement

Te Rūnanga o Ngāi Tahu is taking the Crown to the High Court over proposed Conservation Act changes that threaten its Treaty Settlement.

Kaiwhakahaere Justin Tipa announced the legal action at an annual tribal hui at Waihao Marae this morning.

He says the iwi was left with no choice.

“This is not a step we take lightly. Our Settlement was made in good faith, to move forward together, with the Crown promising ‘a new-age of co-operation’.

“Now, nearly thirty years on, the Government is proposing large-scale reforms that undermine those commitments.”

In August, Conservation Minister Tama Potaka confirmed plans to ‘modernise conservation land management’.

Ngāi Tahu says the proposals are deeply concerning as they would lock in long-term concessions and shift decision-making from Conservation Boards and the Conservation Authority to the Minister. The iwi says concentrating power to the Minister undermines the value of local knowledge and decisions, and that the proposals also risk diminishing the application of the Treaty principles.

“Our Settlement wasn’t negotiated in a vacuum, nobody is more affected by changes to conservation legislation than Ngāi Tahu,” says Justin Tipa. “Two-thirds of the conservation estate lie within our takiwā and contain a huge range of culturally significant sites and species.

“Our people are deeply involved in conservation, and much of that involvement stems from our Settlement and the statutory context it was negotiated in.”

Justin Tipa says while the Government keeps saying it will uphold the intent of Treaty settlements, it’s becoming increasingly clear that the integrity of the Ngāi Tahu Settlement is under threat.

“We are not asking for more than what was agreed. We simply want the Crown to keep its promises.

“If the Crown can override Treaty settlements decades later, what message does that send to New Zealanders and our partners? Seven generations of Ngāi Tahu ancestors fought for the Crown to honour its promises. We will not stand by while our Settlement is eroded,” he says.