Frustration and Failure: The Zero Carbon Bill and the Treaty of Waitangi

37 Pages Posted: 28 May 2020

See all articles by Honor Kelly

Honor Kelly

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: September 2, 2019

Abstract

The Climate Change Response (Zero Carbon) Amendment Bill fails to honour obligations under the Treaty of Waitangi/te Tiriti o Waitangi adequately, in particular the principles of partnership and active protection. The current Treaty clause circumscribes when Māori will be relevant in the decision-making process and implicitly considers Māori as one stakeholder among many others. This approach silences the unique worldview of tikanga Māori and the ability for Māori to practice kaitiakitanga, as well as ignoring the particular vulnerability of Māori and taonga to consequences of climate change. This paper discusses these shortcomings in light of the principles of partnership and active protection. It argues that both procedural and substantive reform is needed if the Bill is to comply adequately with obligations under the Treaty. The possible suggestions aim to give effect to partnership by incorporating tikanga Māori into the decision-making process, and to active protection by granting relevant Māori the ability to exercise kaitiakitanga.

Keywords: tikanga maori, kaitiakitanga, treaty principles the climate change response (zero carbon) amendment bill

JEL Classification: K00, K32

Suggested Citation

Kelly, Honor, Frustration and Failure: The Zero Carbon Bill and the Treaty of Waitangi (September 2, 2019). Victoria University of Wellington Legal Research Paper No. 27/2020, Available at SSRN: https://ssrn.com/abstract=3611496 or http://dx.doi.org/10.2139/ssrn.3611496

Honor Kelly (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni

PO Box 600
Wellington, Victoria 6140
New Zealand

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