One of the country’s largest iwi is taking the Government to court over proposed changes to conservation law that it says violate the iwi’s Treaty settlement with the Crown. 

Whenua – land – is a central part of all iwi settlements. Ngāi Tahu’s area of interest covers most of the South Island, including two-thirds of the country’s conservation estate. This estate includes a wide range of culturally significant sites, species and landmarks that are significant to many New Zealanders, such as Aoraki/Mt Cook. 

Conservation provisions were a core part of the iwi’s 1998 settlement, including guarantees the iwi would be able to participate in environmental area management plans and assurances its conservation estate would be protected. 

New Zealand’s tallest peak Aoraki/Mt Cook is part of Ngāi Tahu’s area of interest. Photo / George Heard 

Ngāi Tahu leader Justin Tipa said the proposed changes to the Conservation Act undermined these assurances. The proposals include making more than 60% of public conservation land eligible to be sold or exchanged if it is deemed surplus or required to support other Government agendas. 

The concession process, which is when permissions are given for activities on conservation land, is expected to be streamlined as part of the Government’s plan to “unleash economic growth on conservation land”. 

Planned changes include removing some concession requirements from the pipeline completely by providing exemptions or pre-approvals for certain activities. Concession allocations are also expected to become more competitive by shifting away from the current “first in, first served” approach. 

Under the proposal, the New Zealand Conservation Authority’s decision-making powers would be given to the Conservation Minister – essentially providing Tama Potaka with sole decision-making powers over the conservation estate. 

Potaka said he had been advised Ngāi Tahu was undertaking litigation around the proposed conservation reform. 

“I am not aware of the details and will find out more in due course,” Potaka said. 

Prime Minister Christopher Luxon and Māori/Crown Relations Minister and Conservation Minister Tama Potaka at Tūrangawaewae Marae. Photo / Kīngitanga 

“This Government is focused on driving clear, decisive conservation reform and ensure strengthened biodiversity and simpler, faster decision-making especially around concessions and greater revenue generation to reinvest into the environment.” 

Tipa said the iwi wants the High Court to make a declaration that required the Crown to act in a manner that was consistent with the iwi’s settlement and an acknowledgment the proposed reforms were inconsistent with those obligations. 

“It’s about that concentration of power that the minister will have,” Tipa told the Herald. 

“Our settlement guaranteed dedicated seats on the Conservation Authority ... these seats are not window-dressing but play a key role in decision-making about conservation lands. To diminish the role the authority plays removes not only Ngāi Tahu from the decision-making table but the public voice.” 

A Department of Conservation consultation document on the changes states “Treaty settlements will be upheld” but “decisions on how specifically this will occur are yet to be made”. 

Te Rūnanga o Ngāi Tahu Kaiwhakahaere Justin Tipa. Photo / Supplied 

Tipa said the legal action was “not a step that we take lightly”. He highlighted a statement in the Ngāi Tahu settlement deed that the iwi and the Crown agreed to enter into “a new age of co-operation”. 

He said under the coalition Government, “in fact, we’re regressing”. 

“If I am really honest and share my frustrations, we do have reasonably good engagements [with the Government] but then it doesn’t go anywhere and that’s when I really have to question the integrity of this Government. 

“We’ve offered our teams, we stand at the ready to help shape the legislation and offer thinking. We don’t have our heads in the sand here, we’re not closed to progress and we’re not closed to new ways of doing things but anything that’s to be changed, it must be done in partnership and it must be done with good faith and integrity.” 

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.