Protection of indigenous sacred sites: The New Zealand experience

Maori wahi tapu are cultural sites of spiritual value which can be loosely classed as 'sacred' sites. However, the word 'sacred' does not fully convey the spiritual value of wahi tapu - 'windows to the past' - which provide genealogical links for Maori and often merge recent history into the stories of creation.

The 1840 Treaty of Waitangi assured Maori of tino rangatiratanga, or full authority, over their taonga (treasures, including wahi tapti) but most Maori land, including wahi tapti, has since been alienated and is now in crown or private ownership. The issue of wahi tapu has recently had a higher profile as Maori try to clarify, and assert, their treaty rights, especially tino rangatiratanga, which the Crown has an obligation to 'actively protect'. Increased Maori political participation in the last two decades has catalyzed an increased crown role in the protection of wahi tapu, including the Treaty of Waitangi Act 1975, which established the Waitangi Tribunal to hear Maori treaty grievances and to make non-binding recommendations to the government.

There is a range of legislation which affects wahi tapu, but the Maori Affairs Act 1953 and the Historic Places Act 1980 are the two which have been most commonly used. Events in the last few years have highlighted their protective inadequacy and added to pressure for new legislation which facilitates assertion of rangatiratanga. The Resource Management Act 1991 and a proposed new Historic Places Act will increase the ability of Maori to protect wahi tapti, but it can be argued that the need still exists for a comprehensive act explicitly drafted to enable Maori to assert their full treaty rights - the control and protection of wahi tapu.