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Land and natural resources are at the core of conflicts between Indigenous peoples and Settlers in settler-colonial nations. This article explores the coloniality of natural resource law in the context of the New Zealand Crown Minerals Act 1991 (CMA) Block Offer process; the annual tender process for mineral prospecting and exploration. While there is often strong Māori participation, we will argue that Aotearoa New Zealand settler-colonial mining law is structured in such a way that Māori views rarely influence the substantive outcomes of mineral exploration decisions. Through a case study of the 2013 Epithermal Gold Block Offer in the Central North Island, we will explore the factors that might contribute to the mismatch between the level of Māori participation and the influence of Māori views on final decisions in the Block Offer process. We examine how different views are valued by bureaucrats within New Zealand Petroleum and Minerals, a government agency within the Ministry of Business, Innovation and Employment, and explore whether the criteria applied to Māori submissions genuinely and appropriately reflect the full range of interests, aspirations and concerns raised by Māori participants. In particular, we consider how mining regulation is structured to exclude Māori law and jurisdiction in order to uphold settler-colonial authority over key natural resources and extractivist economies. Finally, we consider alternatives to the CMA process and explore the potential to ensure substantive outcomes that better reflect the Māori views and interests. In doing so we point to the need to shift from colonial extractivist models of natural resources law towards Settler-Indigenous partnerships in relation to environmental planning in settler-colonial states.
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For the past decade, collaboration has been the preferred method of devising land and water policy in Aotearoa New Zealand to achieve agreed outcomes. However, the use of collaboration in policymaking is at a crossroads, as some argue it is unrealistic to expect stakeholders and tangata whenua with competing interests to work in partnership on contentious policy issues. To help clarify the future direction of collaboration, this paper provides authorising agencies (those with responsibility for the policy problems) with prompts to reflect ex ante on the advantages and disadvantages of pursuing collaboration. Based on a retrospective review of collaborations in New Zealand’s land and water policymaking, and a two-day symposium with collaboration practitioners, we identify situations that are potentially less suited to collaboration owing to factors that are challenging to overcome through process design. Four issues that affect the success of collaborations are identified: the nature of the policy problem, the personal and collective qualities of those involved, power relationships, and the collaborative process. Finally, we draw together practical lessons from history, the symposium, and the literature to develop a list of questions for authorising agencies to use to reflect on the advantages and disadvantages of pursuing collaboration.
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Topic
- land policy
- co-governance (1)
- crown policy (1)
- policy (1)
- water management (1)
Resource type
- Journal Article (2)
Publication year
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Between 2000 and 2026
(2)
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Between 2010 and 2019
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- 2019 (1)
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Between 2020 and 2026
(1)
- 2022 (1)
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Between 2010 and 2019
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