6.2 Te Tiriti o Waitangi, co-governance and Auckland Council

Te Tiriti o Waitangi / the Treaty of Waitangi is New Zealand’s founding document and is considered of the highest constitutional importance. It is an agreement that documents the promises made by Māori and the Crown in 1840 and lays the foundation for an ongoing and sustainable partnership.  Auckland Council’s relationship with, and responsibilities to, Māori are grounded by the Treaty and guided by law. 

Principles of Te Tiriti

Treaty principles bridge the differences between the two versions of the Treaty - the English and te reo Māori texts. They are the core concepts that underpin both versions of the Treaty, reflecting the spirit and intent of the Treaty as a whole. They also enable the Treaty to adapt to future circumstances.  

The Waitangi Tribunal has identified an evolving number of Treaty principles. Drawing on Waitangi Tribunal reports, to date the Courts have recognised and applied the following three interrelated principles of the Treaty: 

While the Crown remains the primary Tiriti / Treaty partner, Parliament has also placed responsibilities on Auckland Council through various laws. There are over 30 pieces of legislation that detail council’s statutory obligations to Māori, most notably, in Parts 2 and 6 of the Local Government Act 2002.  

The main obligations across key legislation are: 

For more details, visit How the council makes decisions.

The council affirms its commitment to recognising and respecting the significance of Te Tiriti / the Treaty. This commitment is reflected in the Auckland Plan 2050, and the principles of Te Tiriti / the Treaty should guide how council approaches decisions affecting Māori. 

How the council responds to its responsibilities 

To meet its commitments and statutory obligations under Te Tiriti / the Treaty, the council has developed several key practices and frameworks. 

Kia Ora Tāmaki Makaurau (KOTM) – Māori Outcomes Performance Measurement Framework

KOTM is Auckland Council’s performance measurement framework for Māori outcomes. It was adopted in 2020 and ensures Māori aspirations, priorities and partnerships are actively supported and embedded across the council.  

KOTM is currently undergoing a refresh which is due for approval in mid-2025. 

For more information on the current policy, visit Kia Ora Tāmaki Makaurau.

Māori impact statements

All reports prepared for the Governing Body, local boards and committees must include a Māori impact statement so that decision-makers can take into account any impact on Māori in their decision-making. These statements should: 

Relationship agreements with Māori 

Various parts of the Auckland Council Group have entered into relationship agreements with mana whenua or mataawaka entities. These agreements formalise how the parties will work together. 

Treaty settlements and statutory co-governance arrangements

Many iwi and hapū in Tāmaki Makaurau have made claims of Crown breaches of te Tiriti / the Treaty under the Treaty of Waitangi Act 1975. While the claims – and negotiation about how those claims can be settled – are with the Crown, Treaty settlement redress may: 

Examples of co-governance structures established through Treaty settlements include: 

These partnerships can enhance quality of life for all Aucklanders and involve mana whenua in the co-governance of natural resources. 

This model represents a natural progression from the settlement of historical Treaty grievances and a maturing of the relationship between Māori and Auckland Council. Te Waka Tai-ranga-whenua is a specialist unit within Auckland Council that supports the co-governance arrangements with mana whenua. 

Ngāti Whātua Ōrākei Reserves Board

Board structure and role

For further information, visit Ngāti Whātua Ōrākei Reserves Board.

Te Poari o Kaipātiki ki Kaipara (formally the Parakai Recreation Reserve Board) 

Established under the Ngāti Whātua o Kaipara Claims Settlement Act 2013 following the signing of a deed of settlement [4]. 

Governs Kaipātiki (the Parakai Recreation Reserve) [5]. 

Board structure and authority

Operates as an administration body and local authority under the Reserves Act 1977. 

Membership comprises: 

Tūpuna Maunga o Tāmaki Makaurau Authority

The meaning of Ngā Mana Whenua o Tāmaki Makaurau in the Collective Redress Act is the collective group of the following iwi and hapū: 

Authority structure

Responsibilities 

Non-statutory co-governance and co-management

Auckland Council also participates in non-statutory governance arrangements with Māori across Tāmaki Makaurau. These include separate entities or local board committees — to which iwi may be appointed — overseeing a park or facility. 

Example: Te Pūkaki Tapu o Poutūkeka Joint Management Committee

Te Pūkaki Tapu o Poutūkeka Joint Management Committee was first established in 2010 by Te Ākitai (Pūkaki Māori Marae Committee) and the former Manukau City Council. It was refreshed by the iwi and the Māngere- Ōtāhuhu Local Board in 2023. 

Purpose and operation

Footnotes

[1] Ngāti Whātua Orākei Claims Settlement Act 2012, ss 13 and 13A.  

[2] Ngāti Whātua Orākei Claims Settlement Act 2012, ss 66 and 67. 

[3] Ngāti Whātua Orākei Claims Settlement Act 2012, s 4, 46(7) and 69. 

[4] Ngāti Whātua o Kaipara Claims Settlement Act 2013, s 14. 

[5] Ngāti Whātua o Kaipara Claims Settlement Act 2013, s 46. 

[6] Ngāti Whātua o Kaipara Claims Settlement Act 2013, s 2