MAOR212 W10
L1
Introduction to Environmental Development
The Scope of Study: This week focuses on the various dimensions and contexts surrounding environmental development. This includes reviewing past frameworks like the Resource Management Act (RMA) and looking forward to topics such as environmental restoration and co-governance.
Ethical and Practical Significance:
Maori and Indigenous Impact: Maori and other indigenous groups are disproportionately affected by environmental disasters and environmental harm. Their industries and livelihoods are heavily reliant on the health of the ecosystem.
Value Systems: Environmental development is critical due to specific values Maori hold regarding the protection of the natural world.
Global Concerns: In a general sense, environmental development is vital for controlling pollution, mitigating climate change, preventing resource depletion, and stopping species extinctions.
Political Agency: For Maori, environmental development is a core component of Tino Rangatiratanga (Self-determination).
Core Maori Values and Principles (Te Tai Ao)
Historical Context: Pre-contact Maori values emphasized a non-extractive, sustainable relationship with natural resources. They practiced conscious harvesting, ensuring resources would regrow and be available for future generations.
Key Principles:
Whakapapa (Genealogy): Everything in the universe is related and connected. Mountains (maunga) and rivers are viewed as literal ancestors.
Utu (Balance and Reciprocity): The relationship between humans and the environment is one of give-and-take rather than dominance.
Kaitiakitanga (Guardianship): This involves protection, preservation, and sheltering of the environment. Note that animals can also be regarded as kaitiaki.
Mauri (Life Force): The capacity of an environment to support life. A river with strong mauri is evidenced by flourishing plants and abundant wildlife.
Mana (Prestige/Authority): Recognition that authority and prestige are possessed by the natural world, not just human beings.
Shape Shifting: Maori recognize the spiritual significance of shape-shifting, where animals may act as signs or vessels for those who have passed, providing further incentive for their protection.
The Whakapapa and Genealogy of Water
Visual Representation: The "whakapapa of water" is famously depicted in a painting by Robin Kahukiwa. This symbolizes that water is not an inanimate resource but a family member.
Genealogical Flow (Atua/Gods):
At the pinnacle are Ranginui (Sky Father) and Papatuanuku (Earth Mother).
Their son is Tane Mahuta (God of the forests and birds).
Parafenua Mea represents the fresh water that springs forth from the earth.
Conceptual takeaway: Environment components are viewed as kin (whanau) and ancestors, mandating respect and preservation.
Theoretical and Spiritual Framework of Wai (Water)
Spiritual Attributes: Water (Wai) is linked to identity and well-being. It possesses its own Wairua (spirituality), Mauri, Mana, and Ho (breath of life).
Ritual Use: Water is used extensively in rituals for healing, purification, and protection, a practice paralleled in many global religions.
Rights and Interests:
Maori hold Kaitiakitanga duties rather than ownership in a Western sense.
Mana Whenua status over a territory includes authority over the bodies of water within it.
Waitangi Tribunal Findings: Lakes, rivers, and springs are recognized as Taonga (treasured possessions). Under Article 2 of the Treaty of Waitangi, the undisturbed possession of Taonga is guaranteed.
Traditional Environmental Management and Ethics
Waste Management (Tikanga): Traditional laws (Tikanga) strictly prohibited discharging any waste into water. This included bodily waste, food scraps, fish scales, guts, or even pippi shells. All waste was required to be discharged to land to keep waterways clear.
Water Contamination: Water becomes haparu or paru (contaminated) when its natural flow is modified by unnatural means or when separate water courses are fused, mixing the mauri unnaturally.
Linguistic Analysis of Water and Identity
Etymology of Wairua: Comprised of Wai (water) and Rua (two). This implies two entities that are simultaneously oppositional and complementary, reflecting a "balanced wholeness."
Wai can mean unique/special/unprecedented.
Rua can mean abyss or container.
Together, Wairua means "that which is unique, special, and contained within."
Ko Wai Koe? (Who are you?): Literally translates to "Who is the water?" Identifying oneself involves stating which waters (river, lake, spring) one descends from.
Pepeha (Introduction): A formal way of introducing oneself that prioritizes landmarks over personal names. The typical order includes:
Maunga (Mountain)
River/Waterway
Waka (Canoe)
Iwi (Tribe)
Hapu (Sub-tribe)
Marae
Whanau (Family)
Name
Categorization of Water and Geographical Place Names
Types of Water in Te Ao Maori:
Wai Ora: Pure water.
Wai Maori: Fresh water with normal mauri (potable water).
Waikino: Polluted water where mauri is negatively affected.
Waimate: Dead water where the mauri has departed.
Wai Tai: Salt water/ocean water.
Waiariki: Hot springs or curative waters.
Place Name Meanings:
Waikato: Full flowing river.
Waiarake: Place where pools were used as mirrors.
Waiarapa: Glistening waters.
Waiwhitu: Star waters.
Waitake: Tears of Aauraki.
Wai Makariri: Cold waters (Makariri meaning cold).
The Resource Management Act (RMA) and Maori Interest
Definition: The primary New Zealand legislation for the sustainable management of natural and physical resources.
Recognition of Tikanga: The act incorporates the term Kaitiakitanga, defining it as the exercise of guardianship by Tangata Whenua in accordance with Tikanga Maori.
Significant Sections for Maori:
Section 6 (Matters of National Importance): Authorities must provide for the relationship of Maori with their ancestral lands, water, sites, Wahi Tapu (sacred spaces), and other Taonga.
Section 7 (Other Matters): Authorities shall have "particular regard" to Kaitiakitanga.
Section 8 (Treaty of Waitangi): Authorities "shall take into account" the principles of the Treaty of Waitangi. Critics argue "take into account" is weak phrasing regarding Crown obligations.
Participatory Processes: Local authorities are required to consider Iwi Management Plans. Statistics from and show:
of councils had written criteria for determining if Tangata Whenua were affected parties.
Approximately resource consents (roughly of the total) involved formal consultation with Iwi.
Current Legislative Reforms and Critiques
Labor-led Reforms (Previous Government): Passed the Natural and Built Environment Act 2023 and the Spatial Planning Act 2023. Proposed a Climate Adaptation Act. These aimed to strengthen environmental protections and give greater recognition to Te Ao Maori.
Current Government Policy (National-led): Scrapped the Labor reforms and returned to the RMA temporarily while writing two new laws: a Planning Act and a Natural Environment Act.
Fast-Track Approvals Regime: A "one-stop shop" for development projects aimed at cutting red tape for housing and infrastructure.
Critiques: Opponents argue this privileges private property rights and extractive industries (mining) over environmental protection.
Democratic Concerns: The process bypasses standard environmental law and limits public/Iwi consultation. It centralizes power within three specific ministers.
Organizational Warnings: Groups such as Greenpeace, Forest and Bird, the Environmental Defense Society, and the World Wildlife Fund (WWF) have issued warnings that this regime makes communities unsafe from potentially life-altering developments.
Expert Commentary (Richard KP, Forest and Bird): Claims the minister has been clear that commercial interests precede ecological or biodiversity values.
Expert Commentary (Tina Poro, Environmental Consultant): States the bill is constitutionally flawed and ignores the fact that Te Tiriti o Waitangi is a foundational document in every layer of law.
Questions & Discussion
Question (Student): Regarding the rescheduled Week 12 lecture, what time would that be?
Response (Lecturer): It will be at the normal time on Wednesday. It will function as a course recap.
Question (Lecturer to Audience): Why is environmental development important?
Response (Student 1): Maori are disproportionately affected by environmental issues because of their industries.
Response (Student 2): It relates to the values Maori hold for protecting the environment.
Response (Student 3): Specifically for managing renewable resources.
Question (Lecturer to Audience): Has anyone heard of a taniwha before?
Response (Context): A taniwha is often viewed by Pakeha as a supernatural creature. From a Maori perspective, they are spiritual beings and guardians located at bends in rivers (e.g., the Waikato River) to protect the water and the local hapu.
Question (Lecturer to Audience): What do we usually see in a family tree?
Response (Student): Parents and children; families.
Question (Lecturer to Audience): Regarding the video of the East Coast flooding, what stood out?
Response (Student): The specific river (Te Horoi) was a place where the family washed when they had no running water. It served both a functional and spiritual purpose, and now it is unusable due to silt and runoff.
Question (Lecturer to Audience): Regarding the Christchurch Mahinga Kai video, what was a key takeaway?
Response (Student): The elders' foresight to list all the fish species in the late century so future generations would know what had been lost.
Case Study: Mahinga Kai in Christchurch (Otakaro River)
Context: Restoration efforts in the Christchurch "Red Zone" following the earthquakes.
Habitat Restoration: Movement of structures away from the waterway creates a "cushion" that filters runoff and improves water quality.
Geographic Significance: The Otakaro connects to the Iutai Estuary, which connects to the Opawaho (Heathcote River). This area was historically central for Tuahurui (the primary hapu of the area, whose takiwa extends from Hurunui to Ashburton).
Resource Depletion: Scientists estimate that less than of the original wetlands in Canterbury remain. For years, the river was treated as a "waste pipe."
Species identified by ancestors: Kanakana (lampreys), patiki, eels, unanga (whitebait), kekewai (crayfish), and kakahi (mussels).
Cultural Philosophy: The land and water are inseparable. If the water and fish are healthy, the people will prosper. Restoration is not just a "Maori thing" but a benefit for all New Zealanders (e.g., whitebaiting).
L2
Introduction to Environmental Development and Key Concepts
Today’s lecture continues the topic of environmental development, specifically for students utilizing this for their development framework.
The lecture explores the definition of legal personhood and who or what qualifies as a person.
The discussion includes a look at co-governance, environmental restoration, and measuring success in environmental projects.
A central theme is identifying who makes decisions regarding what success looks like and how those outcomes are measured.
Understanding Legal Personhood
Legal personhood distinguishes between human persons (natural persons) and non-human persons.
Definition of Juridical Person: A juridical person is any non-human entity that the law recognizes as if it were a person for legal purposes. Examples include:
Companies.
Incorporated societies.
Local authorities.
The Crown.
Trust boards.
Legal Personhood in Aotearoa New Zealand: New Zealand has extended juridical personhood to specific natural features through settlement legislation. This is distinct from standard corporate personhood and includes:
Te Urewera (a mountainous forest region).
Te Awa Tupua (the Whanganui River).
Taranaki Maunga (a mountain).
Rights and Liabilities: Legal persons, such as corporations, can own property, sue, and be sued. They can also be charged with most crimes.
A notable exception mentioned is that neither the Pike River mine nor the CTV building disasters resulted in criminal charges being laid.
Section 28 of the New Zealand Bill of Rights Act 1990: This section provides that the Bill of Rights provisions apply, so far as practicable, for the benefit of all legal persons as well as natural persons.
Purpose of Legal Personhood for Nature: Granting a river or forest personhood allows it to have a legal defense. For instance, if a corporation attempts to damage a river, the river (through its representatives) can develop a defense in court.
Case Study: Te Urewera as a Legal Entity
Geography: Te Urewera is a large, mountainous, forested region in the Central Eastern North Island of New Zealand.
People: Beings of Te Urewera are primarily Ngāi Tūhoe, also known as Ngā Tamariki o te Kohu ("the children of the mist").
Te Urewera Act 2014: This Act established a legal entity and protected status for Te Urewera.
Section 3 of the Act: States that Te Urewera is ancient, enduring, a fortress of nature, and alive with history. It is recognized as a place of spiritual value with its own mana and mauri (life force).
Identity: Tūhoe view Te Urewera as an active person in the community, an ancestor, or a whanaunga (family member).
Governance: Under Section 11, Te Urewera is declared a legal entity with all the rights, powers, duties, and liabilities of a legal person.
These rights are exercised by the Te Urewera Board, which acts as the "face and voice" for the land, as it cannot speak for itself.
Case Study: Te Awa Tupua (Whanganui River)
Cultural Philosophy: The river is defined by the quote: "Ko au te awa, ko te awa ko au" (I am the river and the river is me).
Iwi Affiliations: Several iwi whakapapa (have ancestral ties) to the river, including:
Whanganui.
Ngāti Tūwharetoa.
Ngāti Maniapoto.
Ngāti Rereahu.
Ngāti Maru.
Ngāti Apa.
Ngāti Ruanui.
Ngā Rauru Kītahi.
Te Awa Tupua (Whanganui River Claims Settlement) Act 2017:
This Act settled historical claims of Whanganui Iwi.
It recognizes the river as an "indivisible and living whole" from the mountains to the sea, comprising all physical and metaphysical elements.
Te Pou Tupua: This is the "voice of the river." It consists of two people, one elected by the Crown and one by the iwi.
The first Te Pou Tupua (appointed in September 2017) were Dame Tariana Turia and Turama Hawira.
Te Kōpuka: A river strategy group consisting of members, including iwi, local government, commercial, and recreational users.
Financial and Administrative Role: Te Pou Tupua administers a contestable fund of established to support the health and well-being of the river. Their role involves building relationships with agencies and applying the "kawa" (law/protocol) of the river.
Tupua te Kawa: The Intrinsic Values
These are the values decision-makers must recognize regarding the Whanganui River:
Ko te awa te mātāpuna o te ora: The river is the source of spiritual and physical sustenance.
E rere kau mai te awanui mai te kāhui maunga ki Tangaroa: The great river flows from the mountains to the sea.
Ko au te awa, ko te awa ko au: I am the river and the river is me.
Interconnectedness: The small and large streams flow into one another to form one river.
Management Implications: Decision-making must prioritize the interconnectedness of all water bodies (streams and the sea) and acknowledge that the spiritual illness of the river impacts the people.
International and Future Legal Personhood
Reframing Relationships: Legal personhood aims to shift Western human relationships with land/water from ownership to authority and obligation.
International Examples:
India: Declared the Ganges and Yamuna Rivers (and the two glaciers that feed them) as legal persons.
Bangladesh: In 2019, declared all rivers to have the same legal status as humans.
Taranaki Maunga: The Crown is honoring commitments to Taranaki Iwi via the Te Pire Whakatupua mō te Kāhui Tupua (Taranaki Maunga Collective Redress Bill).
This represents over people from 8 iwi: Ngā Rauru Kītahi, Ngāruahine, Ngāti Maru, Ngāti Mutunga, Ngāti Ruanui, Ngāti Tama, Taranaki Iwi, and Te Āti Awa.
Key Arrangements: Egmont National Park will be renamed Te Papa Kura o Taranaki; the peak will be Taranaki Maunga. The mountain will be recognized as a legal person, and land will be vested in Te Kāhui Tupua.
Whales (He Whakaputanga Moana): Indigenous leaders in New Zealand and the Cook Islands signed a treaty recognizing whales (tohorā) as legal persons.
Focuses on the right to migrate freely and uses Mātauranga Māori (Māori knowledge) alongside science.
Enables human interest groups to potentially sue on behalf of whales for issues like plastic pollution, waste dumping, or climate change.
The Concept of Co-Governance
Definition: Māori and the Crown (or local government) share authority and responsibility for managing natural resources through a joint governance body.
Legal Basis: It draws on Tikanga Māori but exemplifies the "third law" as described by Justice Joe Williams, merging Māori and colonial legal systems.
The Resource Management Act 1991 (RMA): While the RMA remains in effect, legal personhood legislation amends how it is applied by prescribing specific decision-makers.
Current Political Context: The current government is not necessarily dismantling co-governance (like Te Urewera) but may be slowing or narrowing the influence of Māori-led environmental decision-making.
Local Case Study: Te Waihora (Lake Ellesmere)
Significance: Located near Taitapu and Lincoln, Te Waihora was a traditional "food basket" (mahinga kai site) for Māori.
Current Condition: It is now one of New Zealand's most polluted lakes, largely due to farming and nutrient runoff causing algal blooms.
Co-Governance Group Members:
Te Rūnanga o Ngāi Tahu.
Environment Canterbury (ECan).
Selwyn District Council.
Christchurch City Council.
Project Name: Whakaora Te Waihora.
Commitments: Political leadership, long-term funding, intergenerational focus, and evaluating effectiveness over time to ensure all values are being met.
Outcomes of Whakaora Te Waihora (Phase 1: 2012–2017)
Environmental Achievements:
Over plants planted.
Reestablishment of the Te Repo Orariki wetland.
of waterways "re-battered" to reduce sediment.
Significant willow and weed control, particularly on the eastern shore.
Real-time monitoring of lake water.
Scientific trials for macrophytes, fish recruitment, and nutrient cycling.
Community and Educational Outcomes:
Supported the Kids Discovery Plantout (reaching 11 schools and students).
Management of the Te Repo Orariki site was handed over to Te Taumutu Rūnanga.
Unintended Benefits:
Community connection and spiritual healing.
Restoration of mahinga kai practices (food gathering).
Inspiring similar projects in other regions.
Questions & Discussion
Question: Changing names of peaks?
Response: It is important because these features are ancestors; they had names before colonization, and reverting to those names recognizes their identity, especially in a legal personhood context.
Question: Can the government change these settlements?
Response: Settlements like those for the Waikato River are generally finalized. While governments can develop new legislation that might limit certain powers, many of these arrangements are legally entrenched through specific Acts that are difficult to overturn entirely.
Question: Why is the lake so polluted?
Response: Primarily farming, which leads to high nutrient levels and algal blooms.
Audience Contribution: A student from India noted surprise at Indian rivers having legal personhood because they are extremely polluted due to overpopulation and religious practices (e.g., the Ganges where people bathe and throw offerings).
Course Logistics
Development Framework: Due this Friday at .
Final Test: Occurs in week . It opens on a Monday and closes the following Monday. It is not timed, allowing work throughout the week.
Next Week: The topic will be Māori Leadership (pre-contact and contemporary).