Since publishing the article 'Co-governance Sought Over the Waitākere Ranges' in our February newsletter, there has been an important update concerning the Waitākere Ranges Heritage Area. The public is now invited to have a say on a proposed formal agreement involving the Crown, tangata whenua, and Auckland Council regarding the area. This proposal could significantly change the way the Waitākere Ranges Regional Park and the land within the Heritage Area is managed.

Considered a national treasure, the Waitākere Ranges encompass an impressive 27,700-hectare area of dramatic landscapes and native forest. This area comprises a significant portion Auckland City’s landmass and is the source of 27% of the city’s water supply.

In 2022, Te Kawerau ā Maki – a West Auckland based iwi - presented a draft Deed of Acknowledgement (the Deed) to Auckland Council relating to the Waitākere Ranges Heritage Area (WRHA), as provided for under the Waitākere Ranges Heritage Area Act 2008. The Act states that the purpose of a Deed is to identify opportunities for contribution by tangata whenua to the management of the land concerned by the Crown or the Council, (section 30 (1)).

Te Kawerau ā Maki, (and to a lesser extent another Auckland iwi - Ngāti Whātua), is already involved in many initiatives within the Heritage Area. However, Te Kawerau ā Maki is seeking to formalise and extend its level of involvement further – advancing an ambition to partner with Auckland Council and the Crown.

Te Kawerau ā Maki has requested that the Deed applies to all lands within the Heritage Area that are owned in fee simple by Auckland Council or the Crown, and to include those coastal areas not held under any title.

In response to the request by the iwi, Auckland Council set up a working group to explore options on progressing a Deed.  Several entities are involved in this working group - but notably not one elected councillor.

The entities represented on the working group are:

• Ngā Mātārea/Māori Outcomes at Auckland Council. 
• Department of Conservation
• Independent Māori Statutory Board
• Te Kawerau ā Maki iwi
• CCO Tataki Auckland Unlimited
• Auckland Transport

While the Waitākere Ranges Heritage Area Act 2008 makes provision for Auckland Council to enter into a Deed of Acknowledgement with tangata whenua, it is not mandatory. However, the public discussion document released by the council, following recommendations made by the working group, implies that a decision has been made to do so and is currently seeking public feedback on proposed key elements of a Deed.

Key elements of the proposed Deed

As affirmed by the Auckland Council’s Policy and Planning Committee, the key elements proposed for public consultation are:

• developing a strategic plan for the Waitākere Ranges Heritage Area;
• creating a work programme to deliver the goals of that plan;
• monitoring progress and outcomes, and making recommendations;
• establishing a joint committee with equal representation from tangata whenua, Auckland Council and the Crown to undertake the above elements.

It is proposed that the joint body’s mandate would concern matters that either occur within the Heritage Area or have an impact on the Heritage Area. N.B. Although the proposal specifies that the Deed would not relate to water or private land, it does not address the issue of the road network.

Further information on each of the above key elements is available at: Waitakere Ranges Heritage Area Deed of Acknowledgement consultation document

Make-up of the joint committee

It is proposed that the membership of the joint committee would consist of 50/50 tangata whenua and Crown/Council. The Crown would be represented by the Department of Conservation, (which must be noted has expressed a keenness to support the aspirations of

iwi with interests in the Heritage Area). The Crown and Council would provide the secretariat support and funding.

The proposals would have a significant impact on the management of the Waitākere Ranges Regional Park and the land within the Heritage Area. While the Act allows for exploring opportunities for tangata whenua to contribute to the management of the Heritage Area, this proposed joint body - in effect a co-governance structure - exceeds the requirements of the legislation.

With the authority to veto decisions, iwi would acquire significant influence and control over the management of the Heritage Area. Conversely, other citizens would experience diminished democratic influence and accountability.

The public consultation document provides limited information regarding the impact of the proposed plan. While an overview has been shared with the public, the actual draft deed has not been included. As a result, the public is being requested to give feedback without sufficient details to come to a well-informed opinion. For example, many questions remain unanswered, including:

• What legal authority would the proposed strategic plan have? Would it override other plans such as the Regional Parks Management Plan, the Unitary Plan and Local Board Plans?
• Would the joint committee be the decision-makers on the conservation management plan, and/or the regional park and reserve management plans?
• What responsibilities would remain with the Local Boards. How would the relationship between the Local Boards and the joint committee be managed?
• Could public access to the park be affected? Te Kawerau ā Maki has already made it clear that they seek to restrict public access to 35% of the regional park's total land. If this restriction goes ahead the public are at risk of losing much of the wilderness experience of being in the Waitakere Ranges.
• What would the implications be for the road network if this joint body were to take on the role of decision-makers? Auckland Transport's involvement in the working group examining the options suggests that this is a factor being considered.
• What would the relationship be between the joint committee and regional parks staff? Who would regional parks staff ultimately be responsible to? Would this arrangement affect the management of other regional parks?
• Who will be making the decisions regarding the granting of concessions, permits, and leases?
• Would the committee be the decision makers as to the location and construction of structures, signs, or tracks?

Auckland Council did consider another option – an improved status quo

The second option involved improving existing structures and processes to implement the three key elements (joint development of strategic plan, agreement of work programmes and joint monitoring of outcomes). Possible improvements under this approach were suggested, including:

• establishing a Heritage Area Coordinator role within Auckland Council and/or the Crown to have oversight of activities occurring within the Heritage Are and coordinate Te Kawerau ā Maki involvement, and/or
• providing funding for Te Kawerau ā Maki to establish an Auckland Council and/or Crown liaison officer, to streamline all engagements with Te Kawerau ā Maki specifically on Heritage Area matters.

A report presented by council staff to Auckland Council’s Policy and Planning Committee on 10 December 2024 recommended proceeding in principle with the formal joint committee option instead of going with the 'improved status quo' alternative. Although the 'improved status quo' would have been simpler to implement and require fewer resources - thereby making more sense - it is not the preferred option of Te Kawerau ā Maki.

For more information on this issue, please

• read the Waitakere Ranges Heritage Area Deed of Acknowledgement consultation document
• register to attend one of the following webinars:
• Thursday 3 April 2025 at 5:30-7:00pm: online webinar for the general public. The registration link will be made available on the AK Have Your Say page.
• Monday 7 April 2025 at 2-4pm: online webinar specifically for Waitakere Ranges stakeholders. The registration link will be made available on the AK Have Your Say page.

The webinars will be recorded and posted on the AK Have Your Say page.

See also:

• The Democracy Action  February newsletter article ‘Co-governance sought over the Waitakere Ranges’
• Waitākere Ranges Local Board workshop 18 July 2024 Agenda item: Waitākere Ranges Heritage Area Deed of Acknowledgement Progress update and initial advice
• Agenda Item 11, Auckland Council Planning and Policy Committee meeting 10 December 2024

Have your say on the governance of this national treasure!

The Waitākere Ranges are cherished by many. For generations, local communities, volunteers, conservation groups, parks rangers and staff have worked hard to protect and regenerate its forests, waterways, and ecosystems. A substantial portion of the Regional Park was generously donated by various citizens with the stipulation that it be used specifically as a park for the public’s enjoyment.

The Waitakere Ranges are truly a national treasure. We encourage you to have a say on their future management - the consultation period is open until 11:59pm on Monday 28 April 2025.

Along with providing input on the four key elements of the Deed of Acknowledgement, which includes the proposed joint committee, (as outlined above), the council is also inviting public feedback on how key stakeholders could have a role under the proposed arrangements. Additionally, the council seeks opinions on the concept of delegated decision-making, where the Governing Body, local boards, and/or the Crown could transfer some decision-making powers on specific matters to the proposed joint committee.

The council would also like to know why you visit Waitākere Ranges Heritage Area and anything else you want to share about the proposed Deed.

You can send your feedback to [email protected] or to:

Waitakere Ranges Heritage Area Deed of Acknowledgement
Auckland Council
Private Bag 92300
Victoria Street West
Auckland 1142

Or complete the online feedback form (N.B. Be aware that the questions appear to have been designed to ratify a predetermined outcome).

Further details on making a submission are available in the WRHA Deed public consultation document.

As well as making a submission, we suggest contacting the Auckland mayor and councillors asking them to hold a referendum on the proposals so the community can have a proper say.

Points to consider when making a submission

• While the Waitākere Ranges Heritage Area Act 2008 makes provision for Auckland Council to enter into a Deed of Acknowledgement with tangata whenua, it is not mandatory.
• The proposed terms of the Deed of Acknowledgement outlined in the public consultation document go well beyond the requirements of the legislation. The Waitākere Ranges Heritage Area Act 2008 does not suggest a constitutional change to allow non-elected people to have a co-governance role over the publicly owned Heritage Area. 
• The proposed Deed as recommended in the public consultation document would add another layer of bureaucracy with the sole purpose of giving tangata whenua a formal decision-making role in the management of the WRHA.
• Establishing a joint committee with equal representation from tangata whenua on one side, and Auckland Council and the Crown on the other, would place a disproportionate amount of power in the hands of one sector of the community. Such an approach overlooks the principle of equality.
• The joint committee would weaken democratic governance of this public space and reduce accountability to the community. The public would not be able to hold the tangata whenua members of the joint committee to account every three years and decide whether or not to replace them, like citizens can under democratic governance. Therefore, the tangata whenua members would have no incentive to take into account the wishes and interests of the rest of the community.
• It is of concern that the joint committee, with half of its membership not accountable to the wider community, may have the authority to control public access to the park. Te Kawerau ā Maki has already made it clear that they seek to restrict public access to 35% of the regional park's total land.
• The joint committee would institutionalise racial division, which could foster a them and us mentality - with the danger of morphing into a ‘them versus us’ mindset. This has the potential to harm social cohesion and negatively affect race relations.

We urge everyone who supports governance remaining in the hands of our democratically elected representatives to make a submission – otherwise silence will be taken as consent. And please encourage others to take similar action.

It is also important to email all Auckland Councillors to share your concerns.

N.B. If the proposals are approved, this will set a precedent for our other regional parks.

If you need more information or help, contact us at: [email protected]

Thank you for your continued interest and support. If you have any suggestions you would like to offer, or if you need further information or help, please do not hesitate to contact us at [email protected].

And please help spread the message by sharing our newsletters with anyone who may be interested. You can receive further updates by registering or joining us.

Kind regards,

Susan Short

[email protected]