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ĀteaApril 14, 2025

A new agreement to protect the Waitākere Ranges is on the table – here’s what it means

Ātea editor
A digital artwork depicting a lush green forest with an overlaid square grid of similar forest images. The background shows a gradient sky with shades of blue and pink, resembling sunrise or sunset.
Design: Liam Rātana.

Auckland Council, the Crown and tangata whenua are proposing a formal deed of acknowledgement to help guide the protection of Te Wao Nui a Tiriwa.

For many West Aucklanders, growing up meant having the Waitākere Ranges – also known as Te Wao Nui o Tiriwa – at your back door. Long afternoons spent popping manus into waterholes off muddy tracks, exploring the bush beneath towering kauri, and watching the sun drop behind the surf along the coast. The ngahere – thick, damp, and full of life – was both a playground and a sanctuary.

Now, nearly two decades after the area was formally recognised in law as a heritage area, the Crown, tangata whenua and Auckland Council are proposing a formal agreement to protect and steward this place together.

What is the Waitākere Ranges Heritage Area?

The Waitākere Ranges Heritage Area spans more than 27,000 hectares of forest, coastline and small communities in West Auckland, including the 17,000-hectare Waitākere Ranges Regional Park. It’s one of the most biologically and culturally significant landscapes in the country – home to dense native ecosystems, ancient walking tracks, and a living connection between tangata whenua and their ancestral lands.

This significance was recognised in 2008, when parliament passed the Waitākere Ranges Heritage Area Act. The act was designed to protect the area’s “heritage features”, including its diverse ecosystems, landscapes, cultural sites, and the long-standing relationships tangata whenua have with the whenua.

One of the most pressing challenges in recent years has been kauri dieback, a soil-borne pathogen threatening the iconic native trees. In 2017, Te Kawerau ā Maki placed a rāhui across forested areas of the ranges to help stop its spread. Auckland Council followed with formal closures in early 2018. These decisions were made in collaboration with Te Kawerau ā Maki and the Department of Conservation, reflecting a shared commitment to protecting the area’s ecological and cultural integrity.

A specimen in Karamatura Stream, Waitakere Ranges. (Photo: Shaunswildlife via Wikimedia).

The 2008 act also allowed for the creation of deeds of acknowledgement – formal agreements that recognise the special relationship of mana whenua with the land, and outline how they can contribute to its management.

Seventeen years later, the first such deed is now on the table.

What is being proposed?

At the heart of the current proposal is a formal agreement – known as the Waitākere Ranges Heritage Area Deed of Acknowledgement – being developed between the Crown, Auckland Council, and tangata whenua, specifically Te Kawerau ā Maki. Discussions are also ongoing with Ngāti Whātua regarding their potential involvement.

The deed is grounded in the Waitākere Ranges Heritage Area Act 2008 and sets out how these parties might work together to care for and enhance the area. It acknowledges the deep cultural, spiritual and historical connection tangata whenua have to the land and aims to support the long-term stewardship of its natural and cultural values.

The proposed deed would:

  • Formally recognise tangata whenua relationships with the heritage area;
  • Outline how the Crown, Auckland Council and tangata whenua can work together to manage and protect it;
  • And identify practical opportunities for tangata whenua to contribute to the care and management of public land.
‘He mea tautoko nā ngā mema atawhai. Supported by our generous members.’
Liam Rātana
— Ātea editor

In December 2024, Auckland Council agreed in principle to four key elements of the proposed deed:

  1. Developing a long-term strategic plan for the heritage area;
  2. Creating a coordinated work programme to deliver that plan;
  3. Establishing joint monitoring and reporting of progress and outcomes;
  4. And forming a joint decision-making committee, under the Local Government Act 2002, with 50% representation from tangata whenua and 50% representation from Auckland Council and the Crown.

Importantly, the deed:

  • Applies only to public land owned or managed by the Crown or Council;
  • Does not affect private land or water;
  • And does not override existing governance structures or statutory powers.

Instead, it’s designed to support better coordination, transparency and long-term partnership between the parties involved.

How is the area currently managed?

The Waitākere Ranges Heritage Area is managed by Auckland Council, with support from the Department of Conservation and input from community groups, volunteers and tangata whenua.

The current management framework is based on the 2008 act, which set out the area’s heritage values and established legal responsibilities for their protection. Following the 2010 local government amalgamation, Auckland Council inherited the functions of the former Auckland Regional Council, Waitākere City Council and Rodney District Council. Today, it oversees the Waitākere Ranges Regional Park, monitors environmental outcomes, and updates park management plans.

Te Kawerau ā Maki are regularly consulted on decisions, but no formal shared governance structure exists. The proposed deed is intended to change that – not by transferring ownership or statutory power, but by creating a more structured and enduring framework for cooperation, with tangata whenua recognised as active kaitiaki.

Why now?

Seventeen years on from the passing of the act, Auckland Council says the time is right to deliver on its intent.

Councillor Richard Hills, chair of the council’s Planning and Environment Committee, describes the deed as a way to formalise the collaboration already happening between tangata whenua, local communities, rangers and volunteers.

For Te Kawerau ā Maki, the deed reflects their long-standing role as kaitiaki and signals a move toward shared decision-making that benefits both the whenua and those who use it. Council’s tumuaki huanga Māori, Nick Turoa, has called it an opportunity to honour past promises and build a shared long-term plan for the future.

Dying kauri near Maungaroa Ridge Track in the Waitākere Ranges. (Image: Supplied).

The Waitākere Ranges have been inhabited and cared for by Māori for centuries. The 2008 Act includes the words of Te Waatarauihi, a rangatira who spoke at the 1860 Kohimarama Conference. His kōrero described the ranges as inseparable from the life of his people – land handed down by ancestors who had walked its ridgelines long before Auckland existed.

For tangata whenua, that relationship is not symbolic. It’s exercised daily through the practice of kaitiakitanga.

The deed goes beyond acknowledgement. With 50% representation proposed on a joint committee, it offers the foundation for genuine co-governance. While details of the committee’s role are still being developed, it would represent a significant step toward shared decision-making.

Similar models already exist across the motu. The Waikato River Authority, for example, has equal representation from iwi and Crown appointees and plays a statutory role in river health. In Te Urewera, governance is shared between Ngāi Tūhoe and the Crown through a board that manages the area as a legal entity in its own right. While the Waitākere proposal doesn’t go that far, it reflects the broader shift toward embedding mana whenua in the governance of ancestral lands – not as advisors, but as partners.

Is there any opposition?

Yes – not everyone supports the proposal.

Earlier this month, the group Walk, Tramp, Run – which represents recreational users of the ranges – circulated a letter to Auckland tramping clubs urging individuals to oppose the deed. The group argues that a joint committee with equal tangata whenua representation could conflict with the intent of the 2008 act, which they interpret as limiting executive authority for any single group.

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What happens next?

It’s important to note that the decision to develop a deed of acknowledgement has already been made. Auckland Council has stated clearly that consultation is not about whether or not to have a deed – that was provided for under the 2008 act. Instead, feedback is being sought on what the deed should contain and how it should work – including the strategic plan, work programme, monitoring framework and the role of the joint committee.

Consultation is open until Monday April 28. Feedback will be analysed and presented to Auckland Council, with final decisions expected in July or August 2025.

This is Public Interest Journalism supported by NZ On Air.

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Design: The Spinoff

ĀteaApril 10, 2025

New report reveals public organisations are falling short on treaty settlements

Ātea editor
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Design: The Spinoff

A new report from the auditor general reveals serious failings in how public agencies are honouring treaty settlement commitments and outlines what needs to change.

When iwi and hapū sign Treaty of Waitangi settlements with the Crown, they’re not just accepting redress for historic breaches. They’re entering into a renewed, long-term relationship with the state – one built on acknowledgment, apology and partnership. Already fragile and with a fraught history, those relationships are constantly under strain.

A new report from the controller and auditor general makes it clear that public organisations are not meeting the commitments laid out in treaty settlements. Despite a system that now spans more than 12,000 active obligations across roughly 150 public agencies, the Crown is underperforming and putting the durability of settlements at risk.

What are Treaty settlement commitments and why do they matter?

Since 1989, the Crown has been settling historic treaty breaches through legally binding deeds and legislation. These settlements include financial redress, cultural recognition, and mechanisms like co-governance or rights of first refusal on surplus Crown land. At the time of reporting, the Crown had paid $2.7 billion in financial and commercial redress, amounting to less than 3% of the estimated value of what was taken from Māori.

However, perhaps the most important part of each settlement is the promise of a new relationship between the Crown and Māori. One based not on grievance, but on partnership.

Public organisations like government departments, Crown entities, local authorities and state-owned enterprises are responsible for upholding these commitments. Unfortunately, says today’s report, they’re failing to do so consistently.

Treaty settlements impose a wide range of legally binding obligations on public organisations – from transferring Crown land and offering iwi rights of first refusal, to restoring traditional place names, making financial redress, and establishing relationship agreements or co-governance arrangements over rivers, mountains and conservation land. Agencies are also often required to consult iwi on planning or regulatory matters and to maintain ongoing engagement through formal protocols. While these obligations are clearly set out in settlement documents, the report found many public organisations either misunderstand them, fail to prioritise them, or lack the systems to track and fulfil them consistently.

Promises within treaty settlements are failing to be met by the Crown. (Design: The Spinoff).

Why was the report launched and what did it look at?

In response to concerns raised in 2022 that public agencies were struggling to meet Treaty settlement commitments – potentially undermining the settlements themselves – Cabinet approved the He Korowai Whakamana framework to improve oversight and accountability. Initially led by Te Arawhiti, the framework’s implementation and related responsibilities were transferred to Te Puni Kōkiri in February 2025. The auditor-general’s report, based on evidence gathered throughout 2024, aimed to assess whether current public sector arrangements are fit for purpose and whether agencies understand the legal, contractual and reputational risks involved.

What did the report find?

The team assessed how well the public sector is honouring settlement obligations. It reviewed both core Crown agencies (like ministries) and non-core agencies (like councils and Crown entities), as well as the wider system for monitoring progress.

The findings were scathing – widespread confusion, weak accountability, and a lack of systems to monitor or escalate risks. Despite nearly four decades of settlements, many agencies still treat them as one-off tasks, not as the beginning of long-term relationships with iwi and hapū.

Key problems the report identified include:

  • A transactional mindset

Many agencies view settlements as checklists to be completed, not living commitments. Some didn’t even know what obligations they held or had conflicting records.

  • No holistic framework

There’s no overarching strategy guiding agencies to coordinate with each other or manage overlapping responsibilities. This leads to duplication, delays and confusion.

‘He mea tautoko nā ngā mema atawhai. Supported by our generous members.’
Liam Rātana
— Ātea editor
  • Inconsistent delivery

Some commitments are delayed by years, while others aren’t implemented at all. Gaps and breakdowns erode trust – and in some cases, have already triggered legal action.

  • Lack of monitoring and reporting

Most agencies don’t track progress on their settlement obligations in a meaningful way. That means ministers, parliament and the public have little visibility over what’s working and what’s not.

  • Inadequate support and guidance

Non-core agencies, which hold about 20% of all obligations, are especially under-supported. While core agencies have access to guidance under He Korowai Whakamana – a framework to improve how core Crown agencies monitor, report on, and uphold their Treaty settlement commitments – others are left to figure it out on their own.

  • Te Haeata isn’t cutting it

The central online portal meant to track progress has major limitations. It doesn’t capture the full picture, and treats all updates as equal, regardless of scale or impact.

  • Significant risks

The government has already paid tens of millions in compensation for failing to meet its obligations. However, the real cost is harder to quantify as it includes lost opportunities, damaged relationships and the threat of new grievances.

What’s changing and who’s responsible now?

Until recently, the agency responsible for overseeing post-settlement implementation was Te Arawhiti, the Office for Māori Crown Relations. But that’s now shifting. Earlier this year, those responsibilities were handed to Te Puni Kōkiri, the Ministry of Māori Development – which is fast becoming the “aunty with all the jobs”.

Already responsible for areas as wide-ranging as housing, whānau ora, te reo Māori, employment and Māori enterprise, Te Puni Kōkiri is now tasked with overseeing how public agencies fulfil their settlement commitments, managing post-settlement relationships, advising the Crown on Māori rights and interests, and leading on Takutai Moana matters.

Announced by minister for Māori affairs Tama Potaka in August last year, the changes are part of a broader government strategy to double the Māori economy by 2035. But they’ve also drawn criticism.

Labour leader Chris Hipkins warned the restructure could repeat the Crown’s past mistakes, while the Public Service Association – which represents 200 staff at Te Arawhiti – called the changes demoralising and poorly communicated. “It sends a signal that the agency will be left doing the bare minimum,” said PSA Kaihautū Māori Janice Panaho.

Others, like Leith Comer (former Te Puni Kōkiri chief executive), cautiously welcomed the move, saying the real test would be in how it’s implemented. That implementation now falls to Te Puni Kōkiri, under chief executive Dave Samuels – whose ministry is already under pressure, with mixed results across key indicators like Māori housing and economic development.

What does the report recommend?

To restore credibility and ensure settlements are honoured, the report calls for a major system reset:

  • Develop a holistic framework

Te Puni Kōkiri should lead a cross-agency approach to settlement delivery that reflects the full, long-term intent of these agreements.

  • Improve planning and risk management

All public agencies should review how they plan for and monitor settlement responsibilities – including how they identify risks and escalate them.

The courts have declared the Crown has breached the Sealord deal. (Design: Tina Tiller)
  • Strengthen expectations on leadership

Ministers, boards and the Public Service Commission need to ensure Treaty obligations are built into performance expectations for chief executives and governance bodies.

  • Fix the right of first refusal process

Land Information New Zealand must urgently improve how it handles the right of first refusal process for land titles and give better support to agencies. These rights grant a long-term option for iwi to purchase or lease Crown-owned land and are essential tools for iwi to build their economic base.

  • Upgrade Te Haeata and annual reporting

Agencies need to report more clearly and publicly on their progress. Transparency matters, especially to iwi waiting for answers.

  • Extend He Korowai Whakamana

This oversight framework should apply to all agencies with settlement duties – not just those in the core public service.

  • Regularly assess the system

Te Puni Kōkiri should report annually to the Māori Affairs Select Committee on how well the public sector is honouring its promises.

What’s the bottom line?

The auditor general’s report reads as a clear warning that if public organisations continue to treat settlements as paperwork, they risk undoing decades of progress.

This is Public Interest Journalism funded by NZ On Air.

Ātea