Introduction
Thank you for the opportunity to present Democracy Action’s submission on the proposed Waitākere Ranges Heritage Area Deed of Acknowledgement.
Democracy Action is a not-for-profit incorporated society established to champion the importance of democracy and equality of citizenship in New Zealand. Based in Auckland (with supporters throughout New Zealand), we have actively advocated for the protection of democratic principles since 2012. https://www.democracyaction.org.nz/who_we_are
Democracy Action has two points we would like to raise regarding the proposed Deed of Acknowledgement.
Firstly, the Waitākere Ranges Heritage Area Act 2008 makes provision for Auckland Council to enter into a Deed of Acknowledgement with tangata whenua, but it is not mandatory under the Act.
While some suggest that the word "will" in S.29 of the Act implies a statutory requirement (as in the case of the online information session on April 3, 2025), we contend that this interpretation is being taken out of context. If the authors of Sections 29 to 33 intended to establish a mandatory obligation, they would have utilised stronger terms like "must" or even the less powerful "shall." The terms "will" and "may" in Section 29 suggest a deliberate differentiation among duties, options, and guidelines, with "will" falling into the guide/option category. Moreover, S.29(3) reinforces this point by stipulating that the Deed of Acknowledgement is conditional upon consultation and agreement. As such, a Deed of Acknowledgement is not mandatory. Recognising this point is important, as it allows Auckland Council the flexibility to negotiate a Deed that takes into account the interests of all Auckland citizens.
Secondly, the proposed Joint Committee is undemocratic in nature. It is one thing to honour the provision “to identify opportunities for contribution by tangata whenua to the management of the land concerned by the Crown or the local authority concerned” (S.30(1) WRHA Act). It is quite another to seek to grant an unelected, and therefore unaccountable group, 50% control of a committee to develop an overarching strategic plan, work programmes, and monitoring.
Democracy Action is opposed to the composition of the Joint Committee, which is designed as a co-governed body composed of 50% tangata whenua representatives and 50% combined representatives from the Auckland Council and the Crown. Under this arrangement, the representatives of the primary stakeholders in the Heritage Area—namely, the Auckland Council on behalf of all the citizens of Auckland— would be relegated to a minority role on the committee.
While the Council is required to facilitate the participation of Ngati Whātua and Te Kawerau ā Maki in its decision-making processes under S.33 (1) of the Waitākere Ranges Heritage Area Act, the proposed joint committee goes well beyond what is required under the Act. Calling on provisions in the Local Government Act to establish this joint committee highlights this point. However, there is no requirement in the Local Government Act 2002 to establish 50/50 joint committees either.
Although referred to as a ‘Joint Committee,’ the associated key elements outlined in the consultation document suggest that it would function as a steering group. As the details of the committee’s role are unknown, it is impossible for the public to assess the extent of its authority. But steering groups generally have significant decision-making powers. Notably, as the committee would be established under the Local Government Act, there is provision for granting the committee the capacity to exercise statutory powers, functions, and responsibilities through delegated authority from the Governing Body, local boards, and/or the Crown.
In response to a question posed in the Council’s consultation document, we oppose the concept of delegated decision-making, where the Governing Body, local boards, and/or the Crown transfer decision-making powers on specific matters to the proposed Joint Committee.
Please note that we oppose any private groups being granted a governance/decision-making role over public land.
In this case, our concern is exacerbated by the sheer size of the Waitākere Ranges Heritage Area, a substantial part of Auckland's total territory. Furthermore, not only does public parkland make up much of this area, but it also contains significant public assets, infrastructure, an extensive coastal region, and distinct communities.
Further reasons for our opposition to the proposed Joint Committee
The composition of the committee would undermine democratic governance of this public space in the following ways:
- It would place disproportionate power within a small community sector, disregarding the principle of political equality.
- It would diminish accountability to the community. Citizens could not hold the unelected tangata whenua committee members to account every three years or determine whether to replace them, as they can under democratic governance. Consequently, the tangata whenua members would have little incentive to consider the wishes and interests of the wider community, or even the public good.
- The influence of the public would be significantly diminished. Feedback from our membership group and other members of the public indicates that they are alarmed that their concerns and involvement in the Regional Park would be sidelined.
- The make-up of the Committee is disrespectful to the wider community, but especially so to other key stakeholders who also have close ties to and care deeply about the Waitākere Ranges. This includes community groups and individual volunteers, who significantly contribute their time and resources towards maintenance, planting programmes, habitat enhancement, species recovery, pest plant and animal control, and protecting the area’s cultural heritage. It also shows a disregard for the rights of other citizens who have strong historical, traditional, and cultural connections to the area and deserve an equal voice in the management of the Heritage Area.
Furthermore, the racialised make-up of the Joint Committee risks fostering racial division, potentially harming social cohesion and negatively impacting race relations. This risk is particularly pronounced if decisions made by the committee adversely affect the wider community's interests.
Recommendation
We acknowledge that Te Kawerau ā Maki and Ngāti Whātua have a strong connection to the Waitākere Ranges Heritage Area and have a valuable contribution to make to its management and care. Identifying opportunities for contribution by tangata whenua to the management of the land concerned by the Crown or the Council should be honoured, but not at the expense of democratic governance and equal rights for all citizens.
Therefore, we strongly urge the Auckland Council to ensure that any Deed of Acknowledgement outcome maintains democratic governance, whereby decision-making remains with the democratically elected members of Auckland Council and Local Boards.
Thank you.