Some impact on the natural environment is inevitable when development occurs, but what I really object to is the thoughtless and irresponsible development that has taken place. Local bodies have a habit of putting rubbish dumps and oxidation ponds and sewerage plants by waterways.⁷

In essence, the claimants assert that the Crown has breached the Treaty by:

► failing to allow Māori to exercise rangatiratanga and kaitiakitanga over their taonga,⁸ and;

► inadequately protecting their taonga when exercising its powers of governance. This has allowed their natural environment, resources, and iconic landmarks to be polluted, depleted, degraded, and destroyed.⁹

Claimants argue that these Treaty breaches continue today, because the legislation that structures the management of the natural environment and its resources still denies Tauranga Māori authority and control over their taonga. Nor does it always adequately protect their taonga.

The Crown does not accept any of these claims, and has made no concessions regarding them. The Crown maintains that it has behaved appropriately, according to the standards of the time and the options and resources available to it. It argues that the current legislation governing environmental management gives significant protection to Māori interests, and is consistent with the principles of the Treaty of Waitangi.

7.2 THE ISSUES

When the stage 2 inquiry began, an initial set of issues was drawn up to guide the hearing process. In light of the evidence and submissions we heard, we have now refined those issues as follows:

► What customary rights did the Treaty protect over the natural resources and the taonga of Tauranga Moana?

► Has the Crown provided for the rangatiratanga and kaitiakitanga of Tauranga Māori over their natural resources and taonga?

► Does the Crown bear any responsibility for the degradation and pollution of the natural resources and taonga of Tauranga Māori?

► Can Māori now exercise rangatiratanga and kaitiakitanga over their natural resources and taonga?

These issues provide the organising framework for this chapter.

7. Desmond Matakokiri Tata, brief of evidence, undated (doc F20), p 19

8. Document U31, p 28

9. Ibid, pp 20–21