New Plymouth District Council voted to oppose seabed mining in the South Taranaki

Ngāti Ruanui, has been successful in obtaining a Waitangi Tribunal Hearing relating to breaches to Te Tiriti under the new Fast Track Legislation.The Wai 3482 claim has now been entered into the register of claims.

Te Rūnanga o Ngāti Ruanui Trust Kaiwhakahaere Rachel Arnott said the government’s Fast Track legislation excluded iwi and hapu from meaningful engagement when it mattered the most.

“The government has failed comprehensively under Fast Track to consult with tangata whenua, ignored the Supreme Court and is failing to apply the principles of te tiriti.

“Anything worth doing, is worth doing right. And this government is doing it all wrong.”

The tribunal will now consider whether the government has breached Treaty of Waitangi principles when it failed to sufficiently involve or consider rangatiratanga, kaitiakitanga and the customary rights of Ngāti Ruanui.

The claim follows years of legal victories by Ngāti Ruanui, including winning Supreme Court rulings in 2021 that removed Trans‑Tasman Resources’ (TTR) mining consents.

It centres on two core Treaty breaches:

• The Crown’s shift toward fast-tracked approvals for seabed mining under new infrastructure laws, overriding standard environmental and iwi consultation processes

• The Attorney‑General’s intervention supporting TTR’s appeal, which iwi say furthers a “narrow interpretation” of the Exclusive Economic Zone Act and weakens tikanga and Treaty protections

Meanwhile;  Taranaki Regional Council is keenly aware of and understands the desire from the community to state a position on the TTR seabed mining application, says Chair Craig Williamson. 

“The Council is fully committed to its task of engaging with the process as maybe the region’s only ‘relevant local authority,’ which brings certain opportunities to input into and potentially influence the outcome that other councils and the public will not have,” Mr Williamson says. 

“Any formal position taken at this time by the Council will jeopardise its ability to participate, because of bias and predetermination. Council cannot be considered to offer fair and balanced advice, evidence and opinions on the application if it has a fomalised, publicly stated position on the matter.

“Because the Fast Track Approvals Act 2024 introduced by the Coalition Government does not give the public the ability to freely submit on the application, the Council considers it essential that it be able to participate in the process.

“This means that for now, the Council must maintain a neutral stance to ensure that is allowed to continue to participate in the fast-track approvals process but will reassess its position after considering the all the latest information and data made available during the submission process.”

The Council expects to be considered and confirmed by the Environmental Protection Authority (EPA) as a ‘relevant local authority’ in the very near future, although this is still subject to confirmation by the EPA. 

Under the Fast Track Approvals Act, a decision on the application will solely be made by a panel created by the EPA for this purpose

“It is critical for the regional council to have a voice in this process as the legislation provides limited opportunities for public input. Waiting to consider all the information enables the Taranaki Regional Council to have a seat at the table,” adds Mr Williamson.

“If the regional council is identified as a ‘relevant local authority’ our responsibilities are to nominate a member to that decision-making panel, provide written comments on the application and, if a hearing is held, being able to speak to those comments.

“We would also provide additional information if requested by the EPA and provide comments on the conditions if the panel decides to grant the application. If the application is approved, we would expect to be involved in monitoring of the consent conditions.”

The panel is expected to be appointed by mid to late July and the Council will be able to provide details of its appointee when the full panel members are identified. By law, the Fast Track Approvals Act only allows relevant local authorities, identified iwi authorities, and select others to make written comments on the application. Other local authorities and the public are excluded from making submissions unless invited to do so by the panel.