Co-governance

Co-governancein New Zealand consists of various negotiated arrangements whereMāori peopleandthe Crownshare decision-making, or Māori exercise a form ofself-determinationthrough adevolutionof state power. Notable examples include the co-management of natural resources as part of the provision of Māori social services by Māori-focused entities, andstatutory Māori representationin local government bodies.In additionTreaty of Waitangi settlementsfrom 2008 often had co-governance agreements where theiwiinvolved worked with significant rivers, watersheds, coastlines and landmarks.

During the53rd New Zealand Parliamentaryterm (2020–2023), theSixth Labour Governmentimplemented several co-governance arrangements across several public service provisions including healthcare, water management and resource management includingMāori wards and constituenciesinlocal government,Te Aka Whai Ora(Māori Health Authority), theNatural and Built Environment Act 2023,andThree Waters reform programme.These expanded co-governance policies attracted vocal opposition from theNational,ACT,andNew Zealand Firstparties.Following the2023 New Zealand general election,the newly-formedNational-led coalition governmenthas announced that it would reverse several of Labour's public service co-governance policies including the Māori Health Authority.

Definitions

There are various definitions for co-governance within a New Zealand framework. TheHuman Rights Commissionhas defined co-governance as "the various arrangements where Māori and theNew Zealand Crownshare decision-making power or where Māori exercise a form of self-determination, albeit as a delegation of state power. "Notable examples of co-governance arrangements include the co-management of natural resources as part ofTreaty of Waitangisettlements, the provision of social services to Māori by Māori-focused entities such asTe Aka Whai Ora(the Māori Health Authority), and the guaranteed inclusion of Māori in local governance (viaMāori wards and constituencies).

Massey Universitysenior lecturer Giles Dodson describes co-governance as "arrangements in which ultimate decision-making authority resides with a collaborative body exercising devolved power – where power and responsibility are shared between government and local stakeholders." Dodson distinguishes co-governance from co-management, stating that the former deals with strategic matters while the latter deals with operational administrative responsibilities including decision making and problem-solving.

FormerAttorney-GeneralandMinister for Treaty of Waitangi NegotiationsChris Finlaysonhas likened co-governance to co-management, stating that "it is not an opportunity to micromanage the officials' work, but a chance to set priorities and to have a say in how to manage a resource." Within a national framework, formerTe Whatu Ora(Health New Zealand) Chair and ethical business advocateRob Campbellhas described the framing of co-governance as "sharing responsibility between Māori and [Pākehā]. "According to Campbell, the most common co-governance arrangements are those" between the Crown and sometangata whenua( "People of the Land" ) structure, often one created by the Crown for the purpose, to partially accommodate Treaty of Waitangi obligations. "

University of AucklandMāori studies ProfessorMargaret Mutuhas described co-governance as "we [Māori] making decisions about their own lives, the government making its own decisions about its people's lives, and both parties meeting to make decisions on matters that relate to us both." Mutu authored theHe Puapuareport, which was commissioned by the New Zealand Government in 2019 to investigate how New Zealand could fulfill the goals of the 2007United Nations Declaration on the Rights of Indigenous Peoples.

Implementation

Resource management

Notable co-governance arrangements for resource management include theWaikato River Authority,the Tūpuna Maunga o Tāmaki Makaurau Authority managing theAuckland volcanic field,the Te Waihora Co-Governance Agreement governingLake EllesmereinCanterbury,the Rotorua Te Arawa Lakes Strategy Group,Tauranga's Ngā Poutiriao o Mauao, the Maungatautari Ecological Island Trust inWaikato,the Ngāti Whātua Ōrākei Reserves Board, the Parakai Recreation Reserve Board,Ngāi Tūhoeand theDepartment of Conservation's shared management ofTe Urewera's forests and lakes, and the Te Awa Tupua (Whanganui River settlement).

In 2003, theBay of Plenty Regional Counciland theRotorua District Councilestablished a joint committee known as the Rotorua Te Arawa Lakes Strategy Group, which grew to include the Te Arawa Māori Trust Board. The Strategy Group became responsible for managing theLakes of Rotoruacatchment area, which consisted of 12 large Rotorua lakes and their catchments. In 2006, the committee was given formal status after theTe Arawa Lakes Settlement Act 2006transferred ownership of the lakebeds back to theTe Arawapeople. In 2007, the Crown signed a memorandum with the two local government councils and the Te Arawa Māori Trust Board to manage the water quality of the Lakes of Rotorua catchment area.

In 2008, theWaikato-Tainuitribe (iwi) and the New Zealand Government reached a settlement over the tribe's claim to theWaikato river.This settlement was reviewed and out of that came theWaikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010,which established the Waikato River Authority as part of a co-governance and co-management framework between the Crown and five local iwi (Tainui,Te Arawa,Ngāti Tūwharetoa,Ngāti Raukawa,andManiapoto). Reflecting the Authority's co-governance structure, its ten-member board consists of five tribal members and five Crown members (including oneregional councilmember and oneterritorial authoritymember).The board operate underconsensus decision-makingand their vision and strategy is long-term, further than a political cycle, to restore and protect the health of the river for generations to come.

Following treaty settlement negotiations between 2010 and 2012, theNgā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014transferred ownership of the 14 volcanoes within theAuckland volcanic fieldtoNgā Mana Whenua o Tāmaki Makaurau(the collective group representing the 13 iwi andhapū(sub-tribes) of Auckland). The Redress Act created aTūpuna Maunga o Tāmaki Makaurau Authoritywith a co-governance leadership structure consisting of six tribal representatives, sixAuckland Councilrepresentatives and one non-voting Crown representative. In addition, the Redress Act split the management of the 14 volcanoes between the Authority, Department of Conservation (DOC) and Auckland Council. As part of the treaty settlement DOC administersNorth Headand Auckland Council administersMount Smart.In addition, the Crown ownsMāngere Mountain's land and part ofMaungakiekie / One Tree Hillbut the Authority administers the two sites for the purposes of theReserves Act 1977.

In March 2012, the Mauao Trust, with the support of the Tauranga Moana Iwi Collective, proposed a joint administering body relationship with theTauranga City Councilfor theMauao Historic Reserve.In July 2004, the Crown had agreed to transfer the reserve's fee simple estate to three local iwi in Tauranga: theNgāi Te Rangi,Ngāti Ranginui,Ngāti Pūkenga.These three iwi subsequently established the Mauao Trust in July 2007 to represent their interests. In mid 2013, the Mauoa Trust and City Council reached a memorandum of understanding and established Ngā Poutiriao o Mauao to jointly run the Mauoa Historic Reserve.

In 2015Ngāi Tahuiwi, the Crown, andCanterbury Regional Councilreached a formal co-governance arrangement to manageLake Ellesmere / Te Waihoraand its surrounding catchment. In 1998, the Government had transferred ownership of Te Waihora's lakebed to Ngāi Tahu as part of a Treaty of Waitangi settlement. Ngāi Tahu's Te Waihora Management Board subsequently worked with DOC to develop a joint management plan for the Lake Ellesmere lakebed and surrounding land. This resulted in the 2009 Canterbury Water Management Strategy, which led to the 2015 co-governance arrangement.

In 2023, theGreen Party of Aotearoaannounced a NZ$100 million Moana Fund for iwi and hapū to carry out coastal restoration projects around theSugar Loaf IslandsnearPort Taranaki,which was inspired by the Kaipara Moana Remediation project.

Public services delivery

During the53rd New Zealand Parliament(2020–2023), theSixth Labour Governmentintroduced several co-governance policies and programmes, including entrenching Māori wards and constituencies inlocal governmentbodies, rolling out theThree Waters reform programme,creating a Māori Health Authority (Te Aka Whai Ora), and theNatural and Built Environment Act 2023(as part of efforts to replace theResource Management Act 1991).The Labour Government's co-governance policies attracted opposition from the oppositionNationalandACTparties,theHobson's Pledgelobby group and right-wing activistJulian Batchelor.

During the2023 New Zealand general election,co-governance was a prominent election issue, with National, ACT, andNew Zealand Firstcampaigning for the reversal of several of Labour's co-governance programmes, including Māori wards, Three Waters, the Māori Health Authority and indigenous biodiversity co-management.

In late November 2023, the newly-formedSixth National Governmentcommitted to reversing the Labour Government's public sector co-governance policies as part of its coalition agreement with ACT and New Zealand First.The Government also pledged to "restore the right of local referendum on the establishment or ongoing use of Māori wards."

On 20 December 2023, the National-led coalition government passed legislation repealing the Natural and Built Environment Act as part of its plans to reform theResource Management Actframework.

On 14 February 2024, the Government passed legislation repealing the previous Labour Government'sThree Waters reform programmeunder urgency. While National, ACT and NZ First supported the bill, it was opposed by the Labour, Green, andMāoriparties.

On 28 February 2024, the Government passed urgent legislation disestablishing Te Aka Whai Ora (theMāori Health Authority).

International parallels

International examples of co-governance for indigenous peoples includeNative Americantribal sovereigntyin the United States andSámi parliamentsinFinland,Norway,Sweden.

Political party views and positions

In the early 2020s political parties in New Zealand have taken a range of perspectives on co-governance. While theLabour,GreenandMāoriparties have supported co-governance as a means of honouring the Treaty of Waitangi, National and ACT have supported co-governance in resource management while opposing its extension into the delivery of public services. Meanwhile, New Zealand First has opposed all co-governance arrangements as racially discriminatory and elitist.It has been a contentious matter. On one hand it is argued that it is non-democraticand a misinterpretation of theTreaty of Waitangi,and on the other it is supported as shared decision-making and partnership in governance, as affirmed from the Treaty of Waitangi.

Support

The Labour Party regards co-governance as a partnership based on cooperation, joint decision-making, and sharing information and expertise. Labour has supported co-governance arrangements such as the Waikato River Authority, which it regarded as a model for its Three Waters reform programme,and the expansion of Māori wards and constituencies in local government bodies.

The Green Party has regarded co-governance as a means of honouringtino rangatiratanga(Māori self-determination) within the framework of the Māori version of the Treaty of Waitangi. The Greens have supported the Moana Fund's coastal restoration projects, which involves Māori iwi (sometimes described as "tribes" ) andhapū(sub-groups). The party supports co-governance arrangements that have been endorsed by iwi and hapū as authentic.

Te Pati Māori regards co-governance as a way for both the Crown and Māori to find commonality and cooperation in achieving desired goals. The party has endorsed several co-governance arrangements including the Waikato River Authority and the Tūpuna Maunga Authority inTaranaki.In addition to existing resource management arrangements, Te Pati Māori has supported the extension of co-governance to other areas including education and healthcare.

Mixed

The National Party has supported resource management co-governance arrangements such as the Waikato River Authority, the Tūpuna Maunga o Tāmaki Makaurau Authority, and the Te Awa Tupua (Whanganui River settlement) arrangement. These co-governance arrangements were established as part of Treaty of Waitangi settlements between the Crown and various iwi and hapū, with input from other parties including local governments, farmers, and businesses.Chris Finlayson was the Minister for Treaty of Waitangi Negotiations during many settlements and he has stated: "I do not accept that there is a democratic deficit with co-government agreements."National has opposed the extension of co-governance arrangements into the public services such as the Three Waters reform programme, Te Aka Whai Ora, and Māori wards and councils.

Similarly, the ACT party has supported resource management co-governance arrangements such as the Tūpuna Maunga Authority and the Waikato River Authority. However, the party has opposed the extension of co-governance into the public services. Like National, ACT has advocated repealing the Natural and Built Environment Act 2023, Te Aka Whai Ora, and the Three Waters programme. ACT has also vowed to reverse the introduction of Māori wards and constituencies in local governments.National Party Māori Development spokespersonTama Potakasaid in 2023: "Co-governance agreements have been around for nearly 20 years now and generally work very well".

Opposition

New Zealand First leaderWinston Petershas opposed co-governance, contending that the concept has devolved from cooperation to so-called "racial privilege" and "ethnic elitism." NZ First has rejected the Three Waters programme, claiming it would give local iwi a veto power in decision-making.The party has opposed co-governance in the management of indigenous biodiversity.

In March 2024, Peters controversially likened co-governance toNazirace-based theory during a state of the nation address. His remarks were described as offensive and inflammatory by Holocaust Centre of NZ spokesperson Ben Kepes and Labour Party leaderChris Hipkins.

Public opinion polling

Between June and July 2023, a Talbot Mills Research survey found that 29% of respondents supported co-governance while 36% opposed it. Talbot Mills used Dr Margaret Mutu's definition of co-governance, which was predicated around the idea of Māori exercising self-determination over their own lives while simultaneously negotiating with the Crown on issues relating to both Māori and other New Zealanders. Māori andPasifikawere more likely to agree with co-governance compared withAsianandEuropean New Zealanders.Younger New Zealanders also tended to be more supportive. Talbot Mills surveyed 1,100 nationally representative individuals respondents aged 18 years and over, and had a 3 percent margin of error.

In late September 2023, Horizon Research published the results of a survey on how New Zealanders' voting choices were influenced by their views on co-governance, the Treaty of Waitangi, and racial harmony. The study found a large gulf between Māori and European New Zealand voters on the interconnected issues of co-governance and honouring the Treaty. On co-governance, 28% of European voters surveyed claimed that halting co-governance policies was an important influence on their party vote choice, compared with 17% of Māori respondents. 62% of prospective ACT voters opposed co-governance, compared with 45% of New Zealand First prospective voters and 40% of prospective National voters. Regarding the Treaty, 46% of Māori respondents regarded honouring the Treaty as an important influence on their party vote, compared with 20% of European respondents.

See also

• Māori politics

Further reading

• Principles for effectively co-governing natural resources(Report).Controller and Auditor-General of New Zealand.February 2016.Retrieved29 January2024.
• "Co-governance, human rights & te Tiriti o Waitangi".Human Rights Commission.6 November 2023.Archivedfrom the original on 27 January 2024.Retrieved28 January2024.

External links

• The 2019 Letter of InstructionAn important document on which is based many of the discretionary race based practices of co-governance used by Crown entities