Roto Tangimate: planning for the implementation of the principles of the Treaty of Waitangi under the Resource Management Act 1991

Abstract

Roto Tangimate is a Maori-owned wetland on the Horowhenua coast north of Wellington that has been degraded during the last century by the farming practices of a neighbouring farmer. This situation has been a source of conflict between the Maori owners (Ngati Huia) and the farmer in recent years. The issue has come to a head with the application by the farmer for a resource consent under the Resource Management Act 1991 (RMA) to continue to drain the wetland by means of a culvert. The neighbouring farmer gained planning consent in 1981 to modify the wetland under certain conditions that included the requirement to maintain 10 hectares of open water. This and other requirements of the 1981 planning consent were not adhered to and the wetland/lake has diminished in both quality and quantity. The Maori owners of the wetland are opposing the current resource consent application and are seeking a return to the conditions imposed in 1981. Investigations into relevant legislation and local planning documents and policies reveal that this stakeholder conflict is underpinned by requirements and obligations which specify the need to: a) protect wetlands; and b) protect the resource interests of the tangata whenua. In addition to these obligations, Ngati Huia actually owns a significant portion of the wetland, and they do not consent to the activities of their neighbour, which are causing damage to both a cultural and an ecological resource. A management plan proposal is presented as a step toward conflict resolution through co-management of the wetland and the restoration of the values under dispute.