The Waitangi Tribunal & geothermal resource management

Abstract

For over 30 years, the Resource Management Act (1991) (RMA) has required that resource management decisions "take into account" the principles of Te Tiriti o Waitangi (the Treaty of Waitangi), New Zealand’s founding document. Subordinate instruments such as Regional Policy Statements, Regional Plans and District Plans must also recognise and provide for Maori cultural values, ancestral connections to land and water, w?hi tapu, and other taonga. Local authorities, including territorial and regional councils, are required to engage proactively with iwi and hapu, reinforced by obligations under the Local Government Act 2002 (LGA).
Recent legislative reforms, including the Fast-track Approvals Act 2024 (FTAA) and Resource Management (Consenting and Other System Changes) Amendment Bill 2024, are reshaping this framework. Iwi and Maori have raised concerns that these reforms may erode their Treaty rights and limit Maori participation in environmental decision-making, including in the geothermal sector. This paper explains the role of the Waitangi Tribunal and how its inquiries and recommendations can influence geothermal resource management, particularly through the interaction of Treaty obligations, local authority responsibilities, environmental planning frameworks, and ongoing legislative reform.