Māori and Minerals: Revisiting Taonga and the Treaty

<p><strong>The return to government in November 2023 of a National Party coalition saw the return of support for the mining sector in New Zealand following two terms of a Labour Party coalition that banned new offshore petroleum exploration, and promised there would be no new mines on conservation land. Since their return to government, the National Party coalition has introduced the Crown Minerals Amendment Bill 2024 which will, amongst other things pro-mining, reverse the ban on offshore petroleum exploration. In addition, the Coalition has legislated the Fast-track Approvals Act 2024 aimed at making it easier and quicker to gain approvals for development including mining, and have committed $200 million for co-investment in petroleum exploration. What was a natural resource of declining interest to Māori given the Labour Party’s transitioning of New Zealand towards a zero-carbon economy, might still be something of relevance today and into the future. The Waitangi Tribunal found in favour of a Māori ownership interest in petroleum in The Petroleum Report 2003, a logical and persuasive report which was rejected by the Crown. The Waitangi Tribunal was ambivalent in its conclusions on a Māori ownership interest in gold in The Hauraki Report 2006 and Te Tau Ihu Report 2008. This thesis revisits that debate. It reconsiders the guarantee of active protection under Article two of the Treaty in relation to the Crown Mineral Estate. It contends the Tribunal did not fully consider the arguments submitted, nor consider other potential arguments. Had it done so, different conclusions might well have eventuated and the Crown’s response might also have been different.</strong></p>