Hi Friend,

Over the weekend, the Government announced a suite of changes to its Fast-Track Approvals Bill and it's fair to say it's a bit of a mixed bag. On the co-governance front though, it's not good news.

Expert panel now final decision makers, co-governance provisions watered down.

Making the expert panel, not ministers, the final decision makers is to be applauded – it mitigates the risk of expensive Muldoon-style 'white elephant' projects while also reducing the ability for Ministers to improperly influence who does and does not get fast-tracked.

The second big change is that there will only be an iwi authority representative on the expert panel when required by Treaty settlements. Putting unelected iwi appointees on the panel would not have done anything to speed up the consenting process. Instead, we would have seen impossibly high conditions imposed that would have completely stonewalled development.

I'm told MPs' electorate offices have been flooded with locals voicing their frustration. These changes are in no small way a result of the thousands of New Zealanders putting pressure on the Government and contacting their local MPs raising concerns.

But the third change is more concerning.

The Government intends to replace the requirement for "mātauranga Māori expertise" on the panel with requirement for "Māori development" and "te ao Māori expertise" instead. 

Te ao Māori means the Māori worldview, encompassing a deep respect for nature and a holistic understanding of the interconnectedness between humans and the environment. Mātauranga means “Māori knowledge” or “traditional knowledge”. 

The Government has not explained what this change actually means in practice. Is it a widening of the grounds for which conditions for a consent can be imposed? We simply don't know.

From some of the correspondence that was shared with me prior to these recent announcements, I am concerned that even our Government MPs and Ministers aren't entirely sure what they're proposing.

Check out this copy/paste reply from a Minister's office, Friend 👇

Click to see larger image

At the time this response was sent to many Taxpayers' Union supporters, all of the co-governance provisions outlined in Peter's email below remained.

Either some Members of Parliament were downplaying to their constituents what the Bill did – or they genuinely didn't know what was in their own Bill. Either way, I'm worried – and you should be too, Friend.

 Iwi still get enhanced consultation rights, greater than any other New Zealander and the new te ao Māori provisions appear to act as a catch-all for whatever the 'expert' wants it to mean. while some of the co-governance provisions outlined in Peter's email below are now going to be removed, others remain. 

Swapping "Mātauranga Māori" co-governance with "te ao Maori" co-governance is not the equality of rights we were promised before the election,Friend.

While the changes in the proposed Bill are a partial improvement – we need to keep the pressure on and use people power to demonstrate to the Government that Kiwis outright reject undemocratic co-governance. 

Since Peter raised the alarm, more than 16,600 Kiwis have added their names to our petition calling for co-governance to be scrapped from the proposed legislation. 

Even in these new changes, te ao Māori is given the same status on the decision making committee as the expertise on the environment and local government. If you haven't already, please forward the petition link to friends and family to add their names.

>>> Forward the petition <<<

For our part, we continue to work around the clock putting pressure on elected Members and Ministers so they can see the light.

Much like the fight against Three Waters, we are raising public awareness through our 'Fast Track' banners (available here), paid advertising and social media campaigns – but this takes resources.

If you want to support this fight further, please donate here – every dollar given on this page goes towards keeping Co-Governance out of New Zealand.

Thank you for your support,

Jordan Williams Executive Director New Zealand Taxpayers’ Union

From: Peter Williams
Date: Tuesday, 2 July 2024 at 10:11 AM
Subject: URGENT: Luxon's Government is fast-tracking co-governance 🚨

Dear Friend,

Maybe I'm misremembering, but I could have sworn the new Government was elected on a platform of ending undemocratic, race-based 'co-governance' last year.

I'm emailing because I've just been briefed by the Taxpayers' Union research team on what the new Government is doing with its "Fast-track Bill". It is enough to make your blood boil.

In short, rather than delete 'co-governance' from the statute books, the new 'fast-track' consenting scheme proposes giving local iwi the same rights of representation on the most powerful committee as local councils.

It shuts the public out, while giving new legal rights to iwi (and only iwi) to have their say.

While it isn't as explicit as David Parker or Nania Mahuta's attempts under the last government for full co-governance, the Bill before Parliament hands over special powers to iwi leaders, all at the expense of democratic decision making and democratic accountability. 

Friend, I wanted a change of Government last year, and I certainly don't want to go back to the old one. But we have to blow the whistle on this one.

Will you stand with me to put a stop to race-based decision making in our public services once and for all?

Let me explain what's going on.

What is the Fast-track Approvals Bill?

While we all want to protect our country's beautiful environments and landscapes, we also want our kids to be able to afford decent housing, get from A to B with high-quality roads, and have sufficient energy resources to heat our homes. For many years the balance hasn't been right and the Fast-track Approvals Bill aims to fix that. 

As the ever-restrained Minister for Regional Development, Shane Jones, put it: “...if there is a mining opportunity and it’s impeded by a blind frog, goodbye, Freddie.”

So it will come as no surprise that any suggestion of taking a slightly more sensible approach to these issues has been met with protests, howls of anger from environmental activists, and lots of criticism from the mainstream media and left-wing political commentariat.

There is, however, something missing from the discussion around the Fast-track Approvals Bill: Co-governance.

Iwi get special consultation rights while the public is shut out

Under the Bill, the public will be cut out of the decision-making process in the interests of speeding up decision making, but this isn't the case for everyone. 

Before an application is lodged, applicants must consult with the following groups:

Iwi, hapū, Treaty settlement entities, applicant groups for customary marine title, and, where relevant, ngā hapū o Ngāti Porou get enhanced consultation rights, denied to all other citizens.

In fact, only local councils get the same right to be consulted for applications under the 'fast-track' regime.

And note what's missing! Neighbouring land owners – who will be directly impacted by a consent – don't get an invite. But the local iwi do, as of right.

Click here to see original document

From the Taxpayers' Union's perspective, the role of councils is to represent everyone living in the local area – not just non-Māori.

Whether you think skipping public consultation or not is justified, what surely cannot be right is to exclude some members of the public from the process but not others for, it seems, no other reason than their ethnicity.

If like me, Friend, you believe that all New Zealanders should have the same rights in the planning process, please support the Taxpayers' Union's campaign to end co-governance once and for all.

Expert Advisory Panel: Co-governance by the back door

While the Fast-track Approvals Bill gives the final decision to ministers, the Minister must rely on what is called an "Expert Advisory Panel" that will evaluate each project before making a recommendation to approve or reject the project.

Even that probably understates the power of the Panel. Given the concerns around Ministers having too much power, the Select Committee will change it to put the ultimate decision for approval into the hands of the "Expert Advisory Panel".

Here’s what the legislation says about the makeup of the panels:

Click here to see original document

So, just like David Parker’s RMA replacement, this Bill reserves a seat on one of the most influential bodies in the planning process – a panel of just four members – for an unelected representative of an ‘iwi authority’.

And check out what skills are required. Note the contrast: Treaty of Waitangi expertise – is required. Conservation – only, "if appropriate"...

Click here to see original document

What’s more, by having a sole representative from a council alongside a representative of an iwi authority, the new Government is giving unelected, unaccountable iwi authorities the same clout as our democratically elected local councils. Sound familiar? 

That’s exactly what happened with Nanaia Mahuta’s Three Waters, and what we all thought we were voting to stop!

As much as I hate to say it, we have to put pressure on the new Government to end these policies that continue to give rights to some New Zealanders but not to others.

Two steps forward, one step back?

To be fair to all of those who support the governing parties, Three Waters has gone (thank goodness), as has the separate Māori Health Authority, but the Government seems to be walking on eggshells when it comes to iwi involvement in the resource management process.

While a case can be made for temporarily limiting public consultation to get on and build stuff, it is simply not tenable to do this for most people, while letting iwi authorities – who only represent a certain section of the population – continue to be consulted and have a seat on the expert recommendations panel of equal standing with elected councils.

The election saw us start to turn a corner, but the Government continues to come under attack from the Left, the bureaucratic blob, the trade unions, and the mainstream media for promoting the pretty basic idea of equality before the law, one-person, one-vote, and the principle of democratic accountability.

That's why we need an organisation like the Taxpayers' Union that is prepared to tackle the tough issues – no matter who is in power – promote the value of democratic decision making, and ensure that New Zealand has a proper debate about the undermining of our democracy. 

But they can only do it with support from the likes of you and me. Join me in making a donation to the Taxpayers' Union today so that we can put co-governance of public services to bed once and for all.

Thank you for your support.

Peter Williams Financial Supporter and Former Board Member New Zealand Taxpayers’ Union

ps. The Taxpayers' Union relies on donations from supporters like me and you to keep fighting the good fight to uphold democratic accountability and put and end to co-governance for once and for all.

pps.You saw how the team blew the whistle on Three Waters. We have to do it all again now, so that National, ACT, and NZ First face down the powerful interests (and protest movement) determined to get a race-based resource management regime. Unless we act now and nip this in the bud, what hope is there for the full RMA replacement due in the new year?