Case study: A partnership between the Department of Conservation and Ngāi Tahu

Two pieces of legislation passed in the late 1990s changed the way government departments worked with South Island iwi Ngāi Tahu. They heralded a new way of doing things that has ensured Ngāi Tahu is properly consulted and fully involved in decisions that impact on the iwi. The legislation is:

• the Te Rūnanga o Ngāi Tahu Act 1996, which establishes a clear tribal structure and provides specific direction on whom government agencies should consult in the Ngāi Tahu takiwā (area)
• the Ngāi Tahu Claims Settlement Act 1998, which specifies matters on which Ngāi Tahu wants to be consulted, in particular in relation to Department of Conservation's (DOC) work.

Under the Conservation Act 1987, DOC also has clear legal responsibilities in terms of the Treaty of Waitangi. Section 4 of the Conservation Act directs DOC to "give effect to the principles of the Treaty of Waitangi". It has an excellent Treaty training course (Pukenga Atawhai) as well as Kaupapa Atawhai managers (or Māori liaison officers) in all regional offices.

There is also a regional officer responsible for the implementation of the Ngāi Tahu Settlement as it relates to DOC and the relationship with Ngāi Tahu. This helps provide a strategic and consistent approach across the five regional offices with which Ngāi Tahu works.

As a result of the settlement of its Treaty of Waitangi claim, Ngāi Tahu has chosen to use some of its resources to set up an environmental unit, including a dedicated position for DOC liaison. The liaison officer's role is to:

• help ensure good processes with DOC
• ensure the iwi contributes to DOC policy and planning at local, regional and national levels
• ensure DOC fully understands Ngāi Tahu's views and priorities and considers them in all its policies and plans.

The liaison officer has regular meetings with DOC managers and staff, which provide her with a good understanding of any issues, plans and policies being developed.

To help ensure understanding and commitment at local and regional levels, Ngāi Tahu and DOC have established rōpū kaitiaki (guardianship groups) in each of the five DOC regional offices in the South Island. These rōpū meet with local DOC staff every six to eight weeks. In most cases the rūnanga representatives are volunteers. This is an ongoing challenge as the same volunteers are also dealing with social issues such as health and education, and having to respond to a vast range of agencies and community groups wanting their input.

The meetings are formal and action-oriented and have done a great deal to develop the relationship between DOC and the rūnanga. In most cases the same people attend, mandated by their rūnanga, and over time trust has developed and there are opportunities for frank and open discussions. The whole process is assisted greatly by having DOC staff who are empathetic, supportive and committed to a positive relationship with iwi.

Through the Claims Settlement Act, Ngāi Tahu has the right to contribute to DOC's annual business plan.

The liaison officer meets with the rūnanga in each of the DOC offices at the end of each year to identify issues and projects they'd like DOC to work on in the year ahead. It's important that this process starts about six months before the end of the financial year to give iwi the opportunity to influence decisions before DOC has made its own plans for spending.

The rūnanga, with support from the liaison officer, then put their priorities to the DOC staff. The Conservator often gives an initial verbal response to rūnanga suggestions at the meeting, followed by a written response a month or two later. This allows DOC the opportunity to consult internally to see how it fits with its priorities and budgets before making final decisions.

If the rūnanga is unhappy with the final decision they let the liaison officer know and she attempts to negotiate a more acceptable outcome at DOC's regional level. This has happened about four times in the past four years. In some instances, DOC has resolved the problem by committing funding from regional rather than local sources.

There are a number of factors that make the difference. These include:

• a strong legislative framework
• DOC staff and Ngāi Tahu representatives who are dedicated to the process
• involving iwi at the early drafting stages of DOC policy or project
• active and willing rūnanga volunteers.

Overall, Ngāi Tahu has an excellent relationship with DOC and an ability to influence national, regional and local policy and processes within DOC.

It's not perfect and there are still some areas to work on, but DOC has shown that it's willing to meet and keep the rūnanga in touch with what it's doing, and to consult on the issues of concern to Ngāi Tahu. The dedicated positions within DOC and Ngāi Tahu help to ensure this happens.

The case study is based on an interview with Rachel Puentener, DOC liaison officer for Te Rūnanga o Ngāi Tahu. Rachel previously worked for DOC, which has been very useful for her role in Ngāi Tahu.

Prepared for publication September 2003 and revised in July 2005

For more information contact:
Rachel Puentener, DOC Liaison Officer for Te Rūnanga o Ngāi Tahu
PO Box 13-046
Christchurch
Tel: 03 371 2619
Fax: 03 366 4257