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Cultural Values Assessments. Negotiating Kāwanatanga And Cultural Values Assessments Negotiating kāwanatanga and rangatiratanga through local government planning processes in Aotearoa, New Zealand: A review of the literature Claire Gooder May 2018 Technical Report 2018/008 Cultural Values Assessments Negotiating kāwanatanga and rangatiratanga through local government planning processes in Aotearoa, New Zealand: A review of the literature May 2018 Technical Report 2018/008 Dr Claire Gooder Research and Evaluation Unit, RIMU Auckland Council Technical Report 2018/008 ISSN 2230-4525 (Print) ISSN 2230-4533 (Online) ISBN 978-1-98-856404-3 (Print) ISBN 978-1-98-856405-0 (PDF) This report has been peer reviewed by the Peer Review Panel. Review completed on 11 May 2018 Reviewed by one reviewer Approved for Auckland Council publication by: Name: Eva McLaren Position: Acting Manager, Research and Evaluation (RIMU) Name: Alison Reid Position: Acting Manager, Economic and Social Research and Evaluation (RIMU) Date: 11 May 2018 Recommended citation Gooder, C (2018). Cultural Values Assessments. Negotiating kāwanatanga and rangatiratanga through local government planning processes in Aotearoa, New Zealand: a review of the literature. Auckland Council technical report, TR2018/008 Cover photograph by Luke Harvey, Te Puia o Maungarei Springs Reserve, Tephra Boulevard, Stonefields, Auckland © 2018 Auckland Council This publication is provided strictly subject to Auckland Council’s copyright and other intellectual property rights (if any) in the publication. Users of the publication may only access, reproduce and use the publication, in a secure digital medium or hard copy, for responsible genuine non-commercial purposes relating to personal, public service or educational purposes, provided that the publication is only ever accurately reproduced and proper attribution of its source, publication date and authorship is attached to any use or reproduction. This publication must not be used in any way for any commercial purpose without the prior written consent of Auckland Council. Auckland Council does not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or data (including third party data) made available via the publication and expressly disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on the publication or the information and data provided via the publication. The publication, information, and data contained within it are provided on an "as is" basis. Table of contents 1.0 Executive summary ................................................................................. 6 2.0 Introduction ............................................................................................. 8 2.1 Background ..................................................................................................... 8 2.2 Contexts .......................................................................................................... 9 2.2.1 The Treaty of Waitangi/ Te Tiriti o Waitangi ............................................. 9 2.2.2 Colonisation ...........................................................................................10 2.2.3 Planning .................................................................................................11 2.2.4 Te Ao Māori ...........................................................................................12 2.2.5 Mātauranga Māori ..................................................................................14 2.2.6 Legislation and local government ...........................................................17 2.3 Structure .........................................................................................................17 2.4 Methodology ...................................................................................................18 2.5 A conceptual tool: boundary work, boundary objects and negotiated space ...19 2.6 Section conclusion..........................................................................................20 3.0 Legislation ............................................................................................. 21 3.1 Background ....................................................................................................21 3.1.1 International legislation ..........................................................................21 3.1.2 Aotearoa New Zealand legislation ..........................................................22 3.2 The Resource Management Act 1991 ............................................................24 3.2.1 Cultural Values Assessments – the resource consent process...............27 3.2.2 Resources/costs for mana whenua ........................................................30 3.2.3 Transfer of powers – Section 33 .............................................................32 3.2.4 Joint management agreements – Section 36 .........................................34 3.2.5 Mana Whakahono a Rohe agreements – Section 58 .............................36 3.2.6 Language: the use of te reo in the RMA .................................................37 3.2.7 Educating planners in mātauranga Māori and tikanga Māori ..................41 3.3 Iwi/hapū Management Plans ..........................................................................43 3.4 The Waitangi Tribunal ....................................................................................48 3.5 Local Government Act 2002 ...........................................................................49 3.5.1 Local governments and Māori – unequal partners ..................................49 3.5.2 Local and diverse ...................................................................................52 3.6 Section conclusion..........................................................................................55 4.0 Auckland Council .................................................................................. 56 4.1 The Auckland Unitary Plan .............................................................................57 4.2 CVAs and Auckland Council ...........................................................................61 _____________________________________________________________________________ Cultural Values Assessments: Negotiating kāwanatanga and rangatiratanga 4 4.3 Section conclusion..........................................................................................64 5.0 Cultural Values Assessments – ‘collaborative management tools with potential’ ...................................... 65 5.1 CVA background ............................................................................................65 5.2 CVAs – partnership potential ..........................................................................68 5.3 CVA documents as boundary objects/negotiated space .................................69 5.4 Section conclusion..........................................................................................72 6.0 Reframing and decolonising planning in Aotearoa New Zealand .......... 73 6.1 Dual planning models and partnership............................................................74 6.2 Kaitiakitanga tools, frameworks and models ...................................................76 6.3 Collaborative frameworks: Co-management/co-governance/co-planning/partnership/rangatiratanga .............82 6.4 Section conclusion..........................................................................................87 7.0 Conclusion ............................................................................................ 88 7.1 Te wero ..........................................................................................................88 8.0 Acronyms .............................................................................................. 91 9.0 Glossary of frequently used te reo terms .............................................. 92 10.0 Bibliography ........................................................................................ 94 _____________________________________________________________________________ Cultural Values Assessments: Negotiating kāwanatanga and rangatiratanga 5 1.0 Executive summary This literature review considers the intersection between indigenous knowledge and local government planning regimes as expressed through the Cultural Values Assessment (CVA) process that is part of the Resource Management Act 1991 (RMA).1 This review focuses on the use of CVAs within a local government context, but recognises that they have broader application than this. Within a local government context, CVAs are documents prepared by mana whenua to assist local authority planners in decisions regarding resource consents. They are an example of a planning tool that facilitates engagement between local authorities and mana whenua. CVAs outline a range of information, including past, present and future cultural values and aspirations associated with the natural resources of an area. The CVA process cannot be understood outside its broader context. This literature review is designed to contribute to the assessment of mana whenua values and interests by placing CVAs within the literature on colonisation, Crown/Māori interaction, the Treaty of Waitangi, mātauranga Māori, Māori and Western planning models, and indigenous rights. Drawing from the literature on boundary objects and negotiated space, the CVA process can be seen
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