# Waitangi Tribunal Finds Treaty Breach in Geothermal Development Strategy
The Crown’s decision to exclude the Treaty of Waitangi from a draft geothermal development strategy constitutes a breach of the Treaty, according to a recent finding by the Waitangi Tribunal. The strategy, spearheaded by the Ministry of Business, Innovation, and Employment (MBIE), aims to double New Zealand’s geothermal energy production by 2040.
The Tribunal’s assessment, delivered following a discrete hearing on November 7th, centers on the “From the ground Up” draft strategy and its potential impact on Māori rights and interests. While acknowledging the strategy as a perhaps positive initiative for Māori economic development, the Tribunal identified critical shortcomings in its current form.
Concerns Over Māori Partnership and Protection of Taonga
A core concern raised by the Tribunal is the lack of integration of kaitiakitanga – the Māori concept of guardianship – within the strategy’s action plan. The Tribunal emphasized that the Treaty principle of active protection requires the Crown to proactively safeguard taonga, or treasured possessions, and this is notably crucial given the enterprising goal of doubling geothermal energy output within 15 years.
“the Tribunal found that protection was not integrated in the action plan,” the report stated.
The Tribunal further highlighted that the strategy directly concerns the development of geothermal resources holding immense importance for Māori, impacting their exercise of tino rangatiratanga (self-determination) and their role as guardians of these resources. Effective Crown-Māori cooperation is therefore paramount.
According to the report, the decision to exclude the Treaty was deemed unreasonable, especially considering the same MBIE team and relevant ministers had included the Treaty in the Minerals Strategy just seven months prior.The Tribunal underscored that a true Treaty partnership demands “utmost good faith and mutual respect of each other’s authority,” which should be explicitly reflected in any collaborative strategy.
Did you know? – Geothermal energy currently provides roughly 17% of New Zealand’s electricity, and the government aims to significantly increase this contribution by 2040.
Mischaracterization of Geothermal Resources and Limited Iwi Involvement
Another meaningful issue identified was the Crown’s initial characterization of geothermal taonga as merely “surface features,” such as geysers. The Tribunal warned that this definition would represent a Treaty breach unless corrected, but noted that amendments are still possible before the strategy is finalized.
furthermore, the Tribunal observed a lack of specific opportunities within the strategy for iwi (tribes) and hapū (sub-tribes) beyond their roles as landowners. The report stressed the need to address the broader issue of Māori rights and interests, including questions of customary title and ownership.
As the tribunal’s hearings are ongoing, a comprehensive assessment of these issues is still pending. However, the Tribunal has welcomed the Crown’s commitment to consider the findings and recommendations of its Stage 3 report upon its release. In the interim,the Crown is encouraged to engage directly wiht
Pro tip: – Kaitiakitanga isn’t simply environmental protection; it encompasses a broader responsibility to care for and sustain resources for future generations.
Why did this happen? The Waitangi Tribunal found the Crown breached the Treaty of Waitangi by excluding Treaty principles from the “From the Ground Up” geothermal development strategy. This exclusion was considered unreasonable given prior inclusion of the Treaty in a similar strategy. Who was involved? The key parties are the Crown (specifically MBIE), Māori iwi and hapū, and the Waitangi Tribunal.What was the issue? The core issue was the lack of integration of Māori rights, kaitiakitanga, and Treaty principles into a strategy aiming to double geothermal energy production. How did it end? The Tribunal issued a finding of breach and encouraged the Crown to address the concerns before finalizing the strategy. the Crown has committed to considering the Tribunal’s Stage 3 report.
