Full Journal of Contemporary Water Research and Education, Issue ...

IWRM in New Zealand: Legislative Framework and Implementation91the 1974 Act. The new Local Government Act,similar to the 1974 Act, provides rules under whichdemocratically elected governments can operate. Itis simpler and empowers local government, whilealso providing more accountability and publicinput. Overall, the Local Government Act requiresmore rigorous and transparent decision-making bylocal governments (Department of Internal Affairs2005).The Act (a) states the purpose of localgovernment, (b) provides a framework and powersfor local governments to decide which activitiesthey undertake and the manner in which theyundertake them, (c) promotes accountability oflocal governments to their communities, and (d)provides for local governments to play a broad rolein promoting the social, economic, environmental,and cultural well-being of communities, takinga sustainable development approach. The statedpurpose of local government is: (a) to enabledemocratic local decision-making and action by,and on behalf of, communities and (b) to promotethe social, economic, environmental, and culturalwell-being of communities in the present and forthe future (Government of New Zealand 2004).The Act requires local governments to facilitatea process with their communities at least everysix years to identify community outcomes for theintermediate and long-term future of the districtor region, with the premise that the communitytakes ownership of the identified outcomes. TenyearLong Term Council Community Plans arerequired and must be reviewed every three years.The Long Term Council Community Plans describethe community outcomes and priorities and theactivities that the local government will undertaketo contribute to the outcome. “Significant activities”must be put forward in accordance with the LongTerm Council Community Plans. The localauthorities are charged with defining “significantactivity” and how priorities are determined,both subject to public review and concordance(Government of New Zealand 2004).The Treaty of Waitangi and Natural ResourceManagementThe 1841 Treaty of Waitangi, an agreementbetween the English Crown and the Maori, hasconstitutional significance that underlies thefoundation of society in New Zealand. The treatyand implementation are not without controversyand differing interpretations (Orange 1987,Brookfield 1999).The principles of the treaty are influential in thearea of environmental protection and natural resourcemanagement. Under the 1987 ConservationAct, 1991 Resource Management Act, and 2002Local Government Act, the principles of the treatymust be observed and the relationship of the Maoriand their culture and traditions are considered tobe a matter of national importance and must berecognized and provided for (Government of NewZealand 1987, 2004, 2005). Further, the LocalGovernment Act is based on a quadruple bottomline (culture, social, economic, and environment)that distinguishes cultural aspects as separate fromsocial aspects for added emphasis. The Maori believefor example, that the forest, waters, and alllife supported by them, together with natural phenomenonlike wind, mist, and rocks, possess maurior life force (Barlow 1991, Llewell 2004). Theprimary management principal for the Maori isprotection of mauri of a resource from desecration.The Maori worldview does not separate spiritualand intangible aspects from non-spiritual aspectsof resource management (Tipa 2006).Historically, a rift between treaty obligationsand modern legal obligations existed. Prior topromulgation of these three Acts, New Zealandlegislation did not refer to specific obligationsregarding aspects of the treaty. A further breachoccurred between treaty obligations and regionaland local council governance, the level ofgovernment that undertakes actions that mostoften affect the Maori (Tunks 2002). The 1974Local Government Act lacked treaty guarantees.This breach was rectified with inclusion of treatyprovisions in the 1991 Resource Management Actand the 2002 Local Government Act. The ongoingchallenge remains how to incorporate culturalaspects, including spiritual, into decision-makingwhile also addressing the colonial and post-colonialhistorical legacy.Some maintain that Maori viewpoints andvalues are not incorporated sufficiently intodecision-making (Mutu 2002, Tunks 2002, Tipa2006). This situation is a result of various factorsincluding (a) lack of understanding of Maori issuesJOURNAL OF CONTEMPORARY WATER RESEARCH & EDUCATIONUCOWR