Waitangi Tribunal Finds Treaty Breach in Geothermal Strategy
The Waitangi Tribunal has concluded that the Crown’s omission of the Treaty of Waitangi from a draft strategy aimed at significantly increasing New Zealand’s geothermal energy output constitutes a breach of the Treaty. The draft strategy, titled “From the Ground Up – A draft strategy to unlock New Zealand’s geothermal potential,” was developed by the Ministry of Business, Innovation, and Employment (MBIE) with the goal of doubling the nation’s geothermal energy capacity by 2040.
Ministers Tama Potaka (Māori Development and Māori Crown Relations), Chris Bishop (RMA Reform), and Shane Jones (Resources) were involved in the strategy’s development. Resource Minister Jones indicated during a November 7 Tribunal hearing that the objective was to finalize the strategy for Cabinet approval later this year.
While claimants at the hearing largely supported the draft strategy as a promising initiative for Māori economic development, the Tribunal highlighted several critical issues. It urged the Crown to collaborate with Māori to strengthen the strategy, noting that specific actions for economic development within the proposed action plan remained significantly underdeveloped.
Exclusion of Treaty Principles Deemed Unreasonable
A central finding of the Tribunal was the lack of integration of protective measures within the action plan. The report emphasized that the Treaty principle of active protection mandates the Crown to safeguard taonga (treasures), a particularly serious concern given the strategy’s ambition to double geothermal energy production within 15 years. Geothermal resources are considered taonga of immense significance to Māori, directly impacting the exercise of tino rangatiratanga (self-determination) and kaitiakitanga (guardianship) by Māori in relation to these treasures. The Tribunal asserted that the strategy should also reflect robust Crown-Māori cooperation on a major economic development platform.
The Tribunal found the exclusion of the Treaty from the strategy to be unreasonable, especially considering that the same MBIE team and minister had included the Treaty in the Minerals Strategy seven months prior. The report underscored that the Treaty partnership necessitates the utmost good faith and mutual respect for each other’s authority, which should be evident in any strategy involving collaborative efforts between the Crown and Māori to achieve significant outcomes.
Mischaracterization of Taonga and Economic Opportunities
Another significant concern raised was the Crown’s inaccurate characterization of geothermal taonga in the strategy as mere “surface features,” such as geysers. The Tribunal stated that this definition would constitute a Treaty breach unless corrected, though it acknowledged there was still time for amendments before the strategy’s finalization. This mischaracterization risks undermining the profound cultural and spiritual connection Māori have with geothermal resources, which extend far beyond their visible manifestations.
Furthermore, the Tribunal noted a dearth of specific opportunities for iwi and hapū (tribes and sub-tribes), distinguishing them from broader Māori landowners. This highlights a critical gap in recognizing and empowering specific Māori entities traditionally linked to these resources. The report stressed the necessity of addressing Māori rights and interests, particularly regarding questions of customary title or ownership, to ensure equitable participation and benefit-sharing.
As this interim report was released mid-way through the Tribunal’s hearings, it indicated that it was not yet in a position to make definitive findings on these broader issues of Māori customary title and ownership. However, the Tribunal welcomed the Crown’s commitment to consider the findings and recommendations of its forthcoming stage 3 report. In the interim, it advised the Crown to engage directly with the groups holding these specific rights.
Broader Implications for Energy Sector and Indigenous Rights
This ruling by the Waitangi Tribunal underscores the growing scrutiny of how modern economic development initiatives in New Zealand integrate the principles of the Treaty of Waitangi. The development of renewable energy sources, while critical for national climate goals, must also align with indigenous rights and partnerships. This situation echoes similar challenges faced globally where ambitious infrastructure projects intersect with aboriginal or indigenous land claims and customary practices.
The New Zealand government, currently grappling with economic stabilization, faces the imperative of balancing energy expansion with its Treaty obligations. Recent reports from the International Monetary Fund (IMF) highlight Pakistan’s efforts in structural energy reforms to stabilize its power sector and broader economy [imf.org](https://www.elibrary.imf.org/view/journals/002/2024/310/article-A001-en.xml). While the contexts differ, the fundamental challenge of reforming critical sectors while ensuring equitable and sustainable outcomes remains a common thread. The Tribunal’s findings serve as a potent reminder that economic progress must not come at the expense of established societal and legal commitments, particularly those concerning indigenous populations.
The Crown’s response to these findings will be crucial, not only for the future of New Zealand’s geothermal industry but also for setting a precedent on the integration of Treaty principles into national policy-making. Engaging with Māori on the nuances of kaitiakitanga and tino rangatiratanga will be essential for developing a strategy that is both economically viable and culturally resonant, fostering genuine partnership rather than mere consultation.
The full report from the Waitangi Tribunal sheds further light on these complex interactions, emphasizing the need for comprehensive and respectful engagement with Māori stakeholders in all stages of resource management and economic development [rnz.co.nz].
