Rangitāne continues to engage on Proposed East Coast Bylaw

In September 2021, Rangitāne submitted on the Marlborough District Council’s Proposed East Coast Bylaw.  At the time, Rangitāne raised two key points concerning the proposed Bylaw: the first was a concern about a serious procedural misstep in the process of developing the Bylaw and the second related to matters of substance.

Following this, a hearings panel was appointed with two independent commissioners (Commissioner Rob Enright and Commissioner Ma-rea Clayton) and one Councillor (Councillor David Croad).

The Council received nearly 200 submissions on the Proposed East Coast Bylaw.  The hearings panel heard from submitters at hearings held 23-25 November 2021 at the Marlborough Events Centre.

At the hearing of the Bylaw on 23 November 2021, Rangitāne made the following points, which had been previously made in our written submission:

  1. The procedure adopted by Council in developing, notifying and consulting in relation to the Bylaw had seriously misfired on account of the Council’s mistaken belief (which was peppered throughout the documents promulgating the Bylaw) that Ngāti Kuri, a hapū of Ngāi Tahu, was the only iwi which held tangata whenua, mana whenua and mana moana status in the area the subject of the Bylaw
  2. The Bylaw was flawed in substance because, as proposed, it will unlawfully remove the ability of tangata whenua, including Rangitāne, to exercise customary rights in the Subject Area.

Rangitāne considers that it is a breach of the Treaty of Waitangi (Article 2) for legislation (including secondary legislation) to extinguish or curtail Māori customary rights.  In making bylaws, Council is a delegate of the Crown and has the responsibilities of the Crown, including the Crown’s obligations to meet its obligations under the Treaty of Waitangi.

Rangitāne have submitted a proposed way forward (as outlined fully in our Second Substantive Response):

  1. Rangitāne needs to be acknowledged as having tangata whenua, mana moana and mana whenua status in the Subject Area
  2. The Bylaw must not apply to the exercise by tangata whenua of their customary rights

Further information in relation to Rangitāne’s position and submissions on the Proposed East Coast Bylaw can be read at the links below:

Rangitāne now awaits the hearings panel’s recommendation to Council on the Proposed Bylaw.

By |2022-03-02T08:20:29+13:00March 2nd, 2022|Categories: Iwi, Pānui|0 Comments