Upholding the Agreement
Maori Consultation and Landscape Architecture - Practice Note
Maori Consultation and Landscape Architecture - Practice Note
Abstract –Whakarāpopoto
New Zealand was founded on anagreement between Maori and English to protect the country’s resources,character and people. It is this agreement for protection that landscapearchitects have a great deal of impact on and a responsibility to uphold. Theway that the landscape is either utilised by people or preserved for futuregenerations is often decided by a landscape architect and it is theirresponsibility to consider all of the stakeholders with a vested interest inthe site.
Purpose – Koronga
The purpose of this document is tooutline the importance of consultation with tangata whenua on a design project,explore the key provisions of what the consultation should aim to achieve, andexplain how to effectively consult with Maori to engage them proactively andinclude them in the design process.
Introduction– Whakatuwheratanga
It is plain fact that Maori havebeen in New Zealand hundreds of years longer than Pakeha and because of thisthey have developed an understanding and connection to the New Zealandlandscape that is different to any other. Like Maori, landscape architects arealso experts of the landscape. They employ their knowledge of design,technology and systems of ecology and society to manipulate and improve theenvironment around us. Consultation with Maori gives landscape architects theunique chance to view the landscape from a new perspective and gain additionalknowledge to ensure that all negative effects of a design are mitigated and stakeholder’sviews are addressed. The unique perspective that the Maori have of thelandscape can also be utilised to enrich their designs
First and foremost, consultationwith Maori aims to learn of any adverse effects that would require mitigatingdue to proposed development may have on land use or the environment that tangatawhenua have an interest in (Maynard, 1997, p21). There are many pieces oflegislation that outline the importance of consulting Maori on a proposal. TheTreaty of Waitangi and the Resource Management Act 1991 are both documents thatrecognise the important role that Maori play in the protection of the landscapeand why they should be consulted.
Matauranga Maori is referred to asMaori science and demonstrates Maori’s unique perspective on the landscape thatcould be employed by landscape architects to enrich their design. Thedifference between Matauranga Maori and Western science arises from Maori’salternative perspective and extensive history with the New Zealand landscape. MataurangaMaori offers solutions to preserve and protect the land and taonga related tothe land and it is believed that it should contribute to sustainable managementof New Zealand’s resources and the advancement of science and technology (Williams,1997, p15). Landscape architecture interacts with all three of these things andthrough consultation it is possible to gain knowledge of Matauranga Maori andways in which a designer could employ Matauranga Maori in design. This liftsMaori from just stakeholders in the landscape to experts, turns consultationinto a form of technical advice and proactively engages Maori in the designprocess (Te Puni Kokiri, 2006, p8).
Provisions– Wāhanga
There are already several documentsand pieces of legislation in place, which outline issues that consultationshould aim to address. Two of the most important provisions to consider inconsulting Maori are The Treaty of Waitangi and the Resource Management Act1991. These two documents also form the basis of many other pieces oflegislation concerned with Maori consultation.
The Treaty of Waitangi – TeTiriti o Waitangi
The Treaty of Waitangi is thefounding document of New Zealand and is an agreement between the British Crownand about 540 of the Maori chiefs. It was intended that the creation of the Treatyand the annexing of New Zealand could protect Maori interests whilst regulatingthe settlers (Ministry for Culture and Heritage, 2011). The Waitangi Tribunaland the Court of Appeal have recorded their interpretations of what theybelieve the principles of the Treaty are. Some of the relevant interpretationsare:
“- [The Treaty of Waitangirepresents] an exchange of gifts... The gift of the right to make laws, and thepromise to do so as to accord the Maori interest an appropriate priority.
-The Treaty of Waitangi signifies a partnership betweenthe Crown and the Maori people and the compact between them rests on thepremise that each partner will act reasonably and in the utmost good faithtowards the other.
-The Treaty of Waitangi obliges the Crown not only torecognise the Maori interests specified in the Treaty but actively protectthem.
-The duty of the Crown is not merely passive but extendsto active protection of Maori people in the use of their lands and waters tothe fullest extent practicable.”
(Department of Conservation, 2002, p285-286)
All of these principles speak of amutual relationship between Maori and Pakeha with emphasis on the protection ofMaori’s interest in the landscape and environment. It is clear to see how thisrelates to landscape architects. It suggests that they should make an effort toprotect or address Maori interests when designing the landscape. Consultationwith relevant iwi or hapu is an essential step to take if a landscape architectis to truly act to the best of their ability.
Resource Management Act 1991(RMA)
The RMA was created to “promote thesustainable management of natural and physical resources” (Te Puni Kokiri,2006, p3). The extensive involvement of Maori in the development of the RMA ledto parts of it being devoted to enhancing the role and participation of Maoriin the new system. This aims to improve protection of Maori resources andinterests, recognise the validity of their indigenous knowledge, tikanga andvalues, and recognise the Crown’s obligations to Maori under the Treaty ofWaitangi. There are three principles in particular which are of relevance toconsultation with Maori. They are:
Section 6 (e) – recognise and provide for therelationship of Maori and their culture and traditions with their ancestorallands, water, sites, waahi tapu and other taonga
Section 7 (a) – have particular regard to kaitiakitanga(The ethic of stewardship)
Section 8 – take into account the Treaty of Waitangi
(Environmental Defence Society)
Consultation allows a designer to gobeyond simply adhering to legislative requirements. Instead, a strongrelationship with Maori allows the designer to appreciate the role of tangatawhenua in the community and recognise what the unique indigenous knowledge canadd to the final result of the design process. (Te Puni Kokiri, 2006, p7)
Good Practice– Tikanga Pai
There are many different ways inwhich a designer can approach engaging Maori in consultation but there areimportant considerations to make to ensure that the consultation in worthwhileand effective for all involved. To understand what should be done in effectiveconsultation with tangata whenua, a starting point is to explain the nature ofconsultation. It is about:
COMMUNICATING – both listening and responding to whatthey have to say
BEING PATIENT – Allowing time and making a genuine effort
PROVIDING INFORMATION – adequately informing the consultee to allow for intelligent and useful responses
KEEPING AN OPEN MIND – be open to change and even starting over following theintroduction of knowledge gained through the consultation
(Maynard, 1997, p22)
These 4 initial principles are agood starting point for understanding how to undergo effective consultation,but there are further considerations such as when consultation should occur inthe design process as well as the nature in which the different parties shouldengage with one another.
Engaging in consultation atdifferent stages of a design process can have a great effect on theeffectiveness of both the consultation itself as well as the final outcome ofthe design. If consultation occurs too late then it is harder to implement theknowledge learnt into the design. It can also demonstrate a lack of interestfrom the designer in acknowledging Maori interests to the best of theirability. Consulting Maori early in the process is crucial to ensuring the bestresults. Consulting early in the design process ensures that Maori have time.Time to evaluate the information provided to them, time to identify the issuesand time to respond. Early consultation allows Maori to act in a more proactiveand engaged manner with the designer rather than a reactive one (Maynard, 1997,p22)
The manner in which the designer andthe consultee engage also has an impact on the effectiveness of theconsultation and the final outcome of the design. Informal engagement, such asmeeting on a marae, with Maori is one of the major ways in which consultationis usually done on a project. However, as a less professional method ofengagement and without a legally binding contract on how the results ofconsultation will be addressed in the decision making process of a design,there is definitely a large element of trust that should be established betweenMaori and designer. That said, the informality and face to face nature can beseen as an “invaluable means to maintaining close working relationships withtangata whenua” (Te Puni Kokiri, 2006, p11). Findings of a report by theMinistry of Maori Development recall the experiences of several councils whohave engaged in consultation with Maori. They found that “good relationshipstend to be initiated and built through ongoing informal engagement, and dependon trust, transparency and goodwill” (2006, p7). They also found that there wasgreat importance in entering the consultation process with an appreciation ofthe importance of engaging Maori and the value that a Maori perspective can addto resource management (Te Puni Kokiri, 2006, p11). The informal method ofconsultation helps to foster relationships which, in turn, can encourage theexchange of information. A positive relationship also encourages designers toenter the consultation with an open mind and with honest intent, and the directcommunication with iwi or hapu in a relaxed environment in which they arecomfortable will assist the consultation process (Maynard, 1997, p23).
Another approach to consultationwith Maori involves documents such as Memoranda of Understanding or chartersthat formalise the relationship. This approach is potentially not asappropriate for a landscape architecture firms as it is for larger groups suchas a council. The formal nature of this approach to consultation does havebenefits as feedback from some Maori groups state that “a degree offormalisation provides some certainty that the existing relationship willcontinue” (Te Puni Kokiri, 2006, p11). Although the formal approach may not beappropriate for a landscape architecture firm, it is important to note how adegree of formality in the agreement between the two sides can createreassurance and trust.
Whatever method a landscape takes toengage with Maori in consultation, there are several principles that should beemployed to ensure that the consultation is effective and beneficial for boththe designer and the Maori involved. The principles address a combination ofthe nature of consultation, the importance of establishing relationships andthe manner in which a designer should approach the consultation process.Maynard describes 6 principles that should be used for an effective approach toconsultation:
“Inform iwi/hapu of ideas andissues as early in the process as possible,
Be flexible and respectful of cultural differences,
Provide feedback post-consultation,
Be honest and open minded,
Directly consult with tangata whenua in a manner and forumthey feel comfortable with,
Build ongoing working relationships with the tangatawhenua.”
(1997, p23)
Employing these principles shouldensure that a positive relationship is created between the the designer andMaori in consultation and that it produces the most effective and beneficialresult for both parties.
Problems –Rararu
Misinterpretation
In designing with foreign knowledge,such as Matauranga Maori, it is possible for some information to get lost intranslation due to reinterpretation by the designer. In taking the knowledgethat has been passed down through generations of Maori and interpreting it as adesigner there is always the chance that it may lose its meaning. This can beavoided through re-consultation at a later stage in the design process. This isshould be done in a project if possible as it addresses the matter of engagingMaori in the decision making and design process. It shouldn’t be about just ‘tickingthe box,’ rather it should be about seeking the best possible design outcomethrough employing the unique perspective that Maori have of the landscape.
Insensitive Design
Poor consultation or a lack of engagementcan result in a design that doesn’t address important issues of the site aswell as damaging relationships with local iwi or hapu. Anecdotal evidencementioned by Maynard suggests that a lack of engaging in or responsiveness tothe consultation can lead to “suspicion and breakdown in relationships,” and alack of cultural awareness and empathy is also seen to affect responsiveness tothe concerns of the iwi or hapu (1997, p23)
Summary –Whakarāpopoto
Engaging in consultation with Maori hasthe chance to greatly improve the design of the landscape. As well as assistingin mitigating negative effects that a development may have, it is possible fora landscape architect to gain insight into the unique knowledge andunderstanding that Maori have of the New Zealand landscape. There are severallegislative documents in place to ensure Maori are consulted with on issuesaffecting them but truly effective consultation should encourage designers togo beyond just meeting these requirements. Instead they should aim to engageMaori proactively in the design process with the intent to learn and enrichtheir design.
Bibliography– Rārangi Pukapuka
Department of Conservation. (2002).Appendix 1: Principles of the Treaty of Waitangi. In Canterbury ConservationManagement Strategy (pp. 285-286). Department of Conservation.
Environmental Defence Society.(n.d.). Approach to Environmental Management: Part II of the RMA. Retrieved Mar21, 2011, from Resource Management Act: For the community:http://www.rmaguide.org.nz/rma/introduction/approach.cfm?section=here
Maynard, K. (1997, December). KanohiKi Te Kanohi- Consulting with Maori. Planning Quarterly , pp. 21-23.
Ministry for Culture and Heritage.(2011, Feb 12). The Treaty in Brief. Retrieved Mar 21, 2011, fromhttp://www.nzhistory.net.nz/politics/treaty/the-treaty-in-brief
Te Puni Kokiri (Ministry for MaoriDevelopment). (2006). Te Kotahitanga o te Whakahaere: Maori and CouncilEngagement Under the Resource Management Act 1991. Te Puni Kokiri.
Williams, D. (1997). MataurangaMaori. In Matauranga Maori and Taonga: The Nature and Extent of Treaty RightsHeld by Iwi and Hapu in Indigenous Flora and Fauna Cultural Heritage Objectsand valued Traditional Knowledge (pp. 13-26).
