Maori Expectations for Consultation

James Barnes is Managing Director of James Barnes & Associated Ltd which is a company that has invested ten years of development to provide developers with a transparent, user friendly consultation framework that identifies who needs to be consulted, how they are to be consulted and procedures required to manage the risks associated with getting all the wrong! Despite the assertion above, this paper is not about to provide delegates with the answer to whom they ought to consult or identify the expectations that Maori might have in regard to the consultation process. It would be a very brave person indeed who would venture an opinion on such a sensitive subject. There are no short cuts to finding out what expectations Maori might have on any given situation. Nothing can be taken for granted. What this paper will attempt to do however is provide practical insights into what might be on the minds of Maori interests as they deal with the issues associated with mineral resources, particularly those under Treaty of Waitangi Claim. The Treaty of Waitangi has a significant bearing on the current debate between Maori and the Crown regarding ownership of mineral resources in New Zealand. The Waitangi Tribunal is currently hearing a case presented by a number of Iwi over the ownership of oil and gas resources in Taranaki and Hawkes Bay. Others will follow. The Crown and Maori have never been able to settle differences over ownership rights without resorting to legal action and it looks like this scenario is about to be repeated in regards to minerals. The Crown has a duty to actively protect the Maori interest. This is a fundamental expectation in the relationship between Maori and the Crown. In the case of minerals, Maori have yet to see the Crown do its duty. The impact on developers has become evident through Maori objections to consent applications as the issues of mineral right remain unresolved.