He rangahau ki te aria ko te Tiriti te putake e whakatuturutia ai nga tikanga mo te taiao
Exploring the concept of a Treaty based environmental audit framework

Report summary

A scoping study undertaken through 2001 and early 2002 into the concept of an audit framework for environmental management and obligations under the Treaty of Waitangi. The Commissioner's study evaluates the concept, its potential applications in environmental management, and the principles and processes by which such a framework could be developed.

Executive summary

Local and central government agencies with responsibilities for environmental management have various obligations under law and policy to the principles of the Treaty, to involve tangata whenua, and to provide for Māori values and interests in their environmental work. But New Zealand has few formal accountability systems in these areas. The concept of a Treaty based audit framework was suggested as a mechanism that could assess the performance, effectiveness and progress of tangata whenua and local and central government agencies in relation to these obligations.

The basic concept is for a framework which could be applied to evaluate the work of central and local government agencies with environmental and resource management responsibilities, and the work of tangata whenua, in relation to:

• Te Tiriti o Waitangi / the Treaty of Waitangi 1840 and the principles derived from it
• the various provisions in NZ's environmental legislation for Māori values and interests
• processes for iwi and hapu participation in NZ's environmental management
• improved environmental outcomes that recognise and provide for the values, interests, knowledge and tikanga of tangata whenua in the natural taonga, resources, sites and landscapes of significance to them

The report is accompanied by:

• Nga Ture - a summary of the relevant environmental legislation
• Nga Whakatutakitanga Hou - a survey of current initiatives being undertaken by central government agencies
• Nga Whakamaramatanga - case studies of audit and evaluation projects in New Zealand

Findings

There is wide support for improving the accountability of councils, central government agencies, and tangata whenua in relation to their responsibilities to the principles of the Treaty in the context of environmental management. However there is no clear consensus about the concept of an audit framework, its desirability, or the processes for its development. The Commissioner will not proceed with the development of an audit framework at this point in time.

It is clear nevertheless that there would be greater relevance and feasibility of an audit framework at local and regional levels, compared to a possible over-arching nation-wide system. Any effective audit framework will need to be based firmly in the experience and practical requirements of the people who will be using it. Where agencies and tangata whenua do decide to explore or develop a local framework, the Commissioner will contribute suggestions and advice.

Key principles for the development of any audit framework include:

• Active participation of all the relevant parties
• A clear focus on kaitiakitanga and environmental outcomes.

Other mechanisms and processes that could address many of the difficulties currently experienced by agencies and tangata whenua in environmental management include:

• Improved dialogue to build understanding and awareness
• Training and capacity-building
• Co-management and collaborative partnerships
• Improvements in agencies' procedures and methods.