Mana whenua and regional councils have worked over decades to develop strong relationships to support shared decision-making particularly around environmental management to ensure positive outcomes for us all.
These relationships, and Māori input, are now at risk under the government’s proposed local government and RMA reforms. These reforms include getting rid of regional governance including Te Tiriti partnerships.
Many people, including those in local government, agree that some change is needed. However, any change needs to:
- involve mana whenua in determining the change process
- reflect the important role of local government in carrying out the Crown’s Treaty obligations
- uphold Te Tiriti and ensure strong partnerships between local government and mana whenua
What do regional councils do?
They set the long-term strategy for the region’s environment. They also have key responsibilities in:
- supporting biodiversity and biosecurity
- providing regional transport services
- building more resilient communities in the face of climate change and natural hazards.
Importantly, regional councils work closely with mana whenua across these roles.
What is the government proposing?
The government’s proposal for local government reform – Simplifying Local Government – is a two-step process.
Step 1) abolishing democratically elected regional councillors and having the mayors of city and district councils in each region take over their responsibilities. They would form a new group, known as the “Combined Territories Boards”.
There would be 11 of these boards, to match the current regional boundaries. The government has also proposed its own representatives could be installed on the boards to provide greater oversight from the Crown.
Step 2) tasking these boards with developing a strategy (Regional Reorganisation Plan) for how to reorganise council responsibilities in the long term.
What do the proposals say about Treaty settlements and Māori representation?
The government’s draft proposal states the government has “considered the impact of the proposal on Māori rights and interests” . It states that:
all existing Treaty settlement obligations that are administered by regional councils would remain unchanged. This includes Māori participation on council committees and joint management agreements as provided for in Treaty settlements. Broader obligations for regional councils to provide opportunities for Māori to participate in local government decision-making under the Local Government Act 2002 would also remain unchanged.
Under the proposal, regional councillors would no longer exist. This includes any councillors elected by general and Māori constituencies undermining Māori regional representation.
In terms of future arrangements, Combined Territories Boards would have to consult the public, iwi/Māori, and regional stakeholders on a draft regional reorganisation plan.
So what are the issues?
- The current government has released its current proposals without consultation with regional councils or iwi
- The timeframe for submissions is very short – from 26th November 2025 to 20th February 2026. The government aims to have legislation drafted by mid-2026 and passed by mid-2027.
- Current councillors, including Māori constituency councillors, who were only democratically elected in October, may not see out their full term.
- The proposed changes work in concert with a series of government actions which undermine environmental protection and Te Tiriti rights including – RMA reform, fast track legislation and the Regulatory Standards Act.
- The fundamental promise of Te Tiriti was tino rangatiratanga over whenua, waters, the natural environment and other taonga. This commitment must be upheld in any local government system; there is no clear commitment to upholding tino rangatiratanga in these proposals.
- As in other areas, the government is attempting to limit enduring Te Tiriti rights and promises to specific mechanisms arising from Treaty settlements. While the government has said that all Treaty settlement obligations will be carried over to the new system, there is no guarantee that enduring Te Tiriti rights will be upheld or that mana whenua voices will be represented in the future structures.
- There is no commitment to retaining the current regional partnerships with mana whenua which have been created outside Treaty settlements. These existing relationships play a vital role in environmental protection. Local government acts with delegated authority from the Crown; this must come with clearly delegated Te Tiriti responsibilities.
- To undermine the representation of Māori in relation to the management of natural resources breaches the Crown’s obligations and undermines the progress of the last 50 years.
What are leaders saying about the Tiriti implications of the changes?
Partnership and participation in regional council governance is one of the really key platforms through which Māori can influence decision making over the environment.
This proposal will really likely take away those arrangements that are in place between regional councils and Māori and remove the ability for Māori to be involved in that type of decision making.” Dr Mahina-a-rangi Baker, Māori environmental planning scholar
Regional councils and district councils act effectively with Crown authority when they regulate the environment, so undermining that representation is a pretty serious attack on treaty obligations.”
The proposals … look like they are diluting, or in fact completely removing that Māori representation on that important function and that cannot be consistent with the Crown’s obligations under the Treaty. Andrew Little, Mayor of Wellington City and former Minister of Treaty Negotiations
“Poutini Ngai Tahu have had a seat on the West Coast Regional Council’s resource management committee for about 35 years. This council was a pioneer in terms of valuing Māori representation at the table and it has worked well for three decades.”
The government’s idea that Māori would in future be represented on the regional board by the mayor of their district was “specious”, Madgwick said. “They can’t possibly represent the values of manawhenua.” Paul Madgwick, Iwi representative on West Coast Regional Council
What can I do?
- Make a submission to the review here and encourage others to do so
- Use ideas from the issues outlined above
- Insist that any future local government structure reflects Te Tiriti o Waitangi – by ensuring meaningful mana whenua involvement in structure formation, on going decision-making and upholding Treaty settlement agreements.
- Share this information and learn more about the issues via the links in this document.
More information about the proposed local government reforms and their impacts:
Regional councils demise – The plans, timeline and thorny issues RNZ backgrounder
Regional council overhaul an attempt to narrow Māori influence, yet again, expert warns Te Ao Māori News
Regional council revamp ‘pretty serious attack’ on Treaty rights – Andrew Little RNZ interview
West Coast Iwi Chair says Mayors can’t represent Māori RNZ
You can find the government’s draft proposals here
Te Ao Māori News – RMA shake-up: Māori input ‘minimal’ under new planning rules
Spinoff Article – The resource management reform is a direct hit on Te Tiriti
RNZ – National Iwi Chairs Forum files court proceedings over RMA reforms
You can find the government’s proposals for RMA reform here
Tiriti Action Group Pōneke 