Abstract:
This Masters Thesis is a study of the Resource Management Act 1991 (RMA) and Māori. The focus is on the tribe and three themes in particular are delved into:- ownership, management and development of natural resources. The study is broken up into two parts. Part I is based primarily on secondary resources, and concludes that while the RMA does not impede tribal sustainable development of natural resources, it is insufficient with its consultative provisions. However, the Act does not address or resolve the issue of natural resource ownership in New Zealand, and until the issue of natural resource ownership is resolved development of such resources is impeded. These conclusions are made within the context of the Treaty of Waitangi.
Part II is a case study of Ngāti Rangiteaorere and the geothermal resource. Most of the information and arguments were gained from reading Waitangi Tribunal archival material at the office of Donna Hall. A significant body of information was also obtained from conducting interviews in Rotorua and Whakatāne in February 1995. The conclusions parallel those in Part I:- Section 8 of the RMA needs to be amended. The consultative obligation should be improved, and Ngāti Rangiteaorere are the rightful owners of the geothermal resource they claim is theirs. Solutions are offered which not only address the issues of ownership and management of the geothermal resource, but which also encourage development of the resource and offer justice to the tribe concerned.
