Mana Whakahono a Rohe agreement
Under the Resource Management Act (RMA), a Mana Whakahono ā Rohe is designed to help councils meet their statutory duties. That is to help iwi authorities and councils “discuss, agree, and record” how tangata whenua will participate in resource management and decision-making processes under the RMA.
It is about RMA participation and process, not transferring a council’s constitutional status or ‘sovereignty’ (power or authority).
No. The Mana Whakahono ā Rohe agreement is a statutory arrangement under the Resource Management Act (RMA) that sets out how iwi and councils will work together in RMA processes (planning, consents, monitoring, etc). The agreement between Far North District Council and Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi does not cede council sovereignty.
The signed agreement contains clear “carve‑outs” that preserve the council’s legal powers.
In the Relationship Protocol, the parties acknowledge that the council has wide statutory functions and that “nothing in this Protocol can restrict or limit Council’s discretion and powers” in undertaking its statutory functions and obligations.
In the Mana Whakahono ā Rohe Arrangement section, it repeats the same protection: “…nothing in this Arrangement can restrict or limit Council’s discretion and powers…” in undertaking its statutory functions and obligations.
Those clauses ensure that the council’s powers are not restricted or limited.
The agreement includes statements recognising the significance of He Whakaputanga for Ngāpuhi as a declaration of Māori as “sovereign people”.
However, this recognition sits alongside (and is constrained by) clauses confirming that the council’s statutory discretion and powers are not restricted or limited by the agreement.
The agreement does not automatically transfer any powers. Instead, it says:
“Upon request” by Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi, the parties will discuss the potential for a transfer of powers or joint management agreement, as provided for under specified RMA sections (including section 33 and section 36B).”
It allows Te Rūnanga-Ā-Iwi-Ō-Ngāpuhi to bring a specific proposal for discussion, and the parties can then agree a process and timeframe to explore options; if they cannot agree, the dispute process applies.
The agreement creates a pathway for discussion, not an immediate transfer. And any transfer/joint management would have to occur through the RMA’s statutory mechanisms.
Mana Whakahono ā Rohe agreements do not cede council authority or ‘sovereignty’ to iwi. They are a statutory tool under the Resource Management Act to record how iwi and a council will work together in RMA planning and consent processes.
The FNDC–Ngāpuhi agreement explicitly states that nothing in the protocol or the arrangement restricts or limits the council’s discretion and powers in carrying out its statutory functions.
Where the agreement refers to potential “transfer” or “joint management,” it is only an option for discussion on request and would need to occur through the RMA’s statutory mechanisms, not through any automatic handover.