Customary and Treaty Rights
There are situations where, due to issues of possible remaining customary rights or Treaty of Waitangi claims or settlements, the underlying ownership of resources is either in question or held outside the Crown or the standard private title system. In such circumstances, there will be questions regarding the availability of access to those resources and the terms on which such access will be granted. How such questions are answered will be shaped by generic considerations of public expectations and Treaty obligations, as well as by the specific circumstances.
Approaches to managing Maori interests in natural resources are varied and evolving, and will influence royalty design.
Arrangements for Lake Taupo and the Rotorua Lakes have demonstrated some approaches to managing these issues. Agreements have included acknowledging underlying ownership by iwi, confirming existing rights, defining how future access will be managed, and identifying where and how iwi can control and charge for certain types of access.
The Crown can either act as an intermediary in managing access rights, and build associated costs into its own funding and cost recovery arrangements, or step aside. The final outcomes of the foreshore and seabed process will offer further examples and lessons. Solutions may vary widely.
