Frequently asked questions about Cultural Impact Assessments (CIAs)
The following questions and answers have been prepared to help with Cultural Impact Assessments (CIAs) and include examples of reports.
What is a Cultural Impact Assessment (CIA)?
A CIA is a report documenting Māori cultural values, interests and associations with an area or a resource, and the potential impacts of a proposed activity on these. CIAs are a tool to facilitate meaningful and effective participation of Māori in impact assessment. A CIA should be regarded as technical advice, much like any other technical report such as ecological or hydrological assessments.
Some iwi/hapū use the terms 'Tangata Whenua Impact Assessment ', 'Tangata Whenua Values Report ' or 'Manawhenua Impact Assessment ' to describe the impact assessment process and prepared report.
Examples
There is no statutory requirement for applicants or the council to prepare or commission a CIA. However, an assessment of impacts on cultural values and interests can assist both applicants and the council in meeting statutory obligations in a number of ways, including:
- consideration of appropriate conditions of resource consent under s108 of the RMA.
Cultural values reports (CVR) are variations of CIAs. These can be used in assessing or providing background information when preparing plans.
Cultural values reports can identify and describe values pertaining to an area or resource. They differ from CIAs in that they may not include a description of effects as they do not relate to a specific activity. However, they may address broad level impacts of development occurring or anticipated in that area. Cultural values reports can provide direction as to the relevant issues and how these should best be addressed.
What is a Cultural Impact Assessment (CIA) used for?
A CIA can form part of an Assessment of Environmental Effects (AEE) in relation to an application for resource consent.
A CIA can:
- provide iwi/hapū with comprehensive information about and improved understanding of the proposed activity
- assist both the applicant and the council in decision-making under the RMA.
The assessment of impacts on cultural values, interests and associations can be an important part of the resource consenting process under the RMA, particularly where activities are likely to have an effect on Māori historic heritage or the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga.
The need for a CIA can emerge from:
CIA methodologies can be applied to processes and requirements under other legislation, such as the Historic Places Act 1993 and Hazardous Substances and New Organisms Act 1996. The information within this document is focused on CIAs commissioned to assist RMA processes.
Who prepares a Cultural Impact Assessment (CIA)?
A CIA is generally prepared by, or on behalf of, the iwi/hapū who hold mana whenua in the area of the proposed activity.
It is important that the person preparing the CIA has a good understanding of the Māori cultural values and interests in the area affected by the proposal. Ideally, the writer of the CIA report will have a clear mandate from the tangata whenua they are preparing the assessment for. This ensures the trust needed for their work to be effective is present. Members of the iwi/hapū are often the best source of this expertise and information.
Some iwi/hapū groups have resource management units, officers, or preferred service providers who undertake resource management work. Where a professional writer or consultant is used to prepare a CIA report, these people should actively engage tangata whenua in the preparation of the report, through hui, interviews or other appropriate methods. To ensure the consent process is a smooth one, the final report should have the mandate or sign off from the iwi/hapū.
How do I find out which iwi/hapū has an interest in the area and/or proposed activity?
Local authorities are required to keep and maintain records about iwi authorities and groups that represent hapū within their region or district for the purposes of the RMA (s35A). As a starting point, Te Puni Kōkiri has developed a national web-based database (www.tekahuimangai.govt.nz). Te Kāhui Māngai provides information on the iwi authorities within each region and district and the areas over which one or more iwi exercise kaitiakitanga.
In addition to the information provided by Te Puni Kōkiri, local authorities are likely to hold more specific information on iwi and hapū groups within their district or region. This information may include contact details and areas of kaitiaki responsibility for iwi/hapū groups or mandated representatives, officers, or preferred service providers with the capacity and expertise to prepare CIAs.
Why commission a Cultural Impact Assessment (CIA)?
A CIA can identify likely effects of a proposal on cultural values and interests. Early identification of potential effects can enable modification of the proposal, if required, to avoid potential effects and assist in identifying how the effects can be remedied or mitigated.
Benefits of a CIA can include:
When is commissioning a Cultural Impact Assessment (CIA) good practice?
Like all assessment of environmental effects (AEEs), the comprehensiveness of the report and the need for a CIA will be proportional to the potential effects of the proposed activity
See Assessing the application and assessment of environmental effects.
A CIA can enable applicants to file a more comprehensive application for resource consent. A CIA can be useful in identifying potential adverse environmental effects for a proposal for any type of application (controlled, restricted discretionary, discretionary or non-complying). Preparation of a CIA report to accompany, or form part of an AEE, will be good practice for any proposal that may have a significant effect on Part 2 matters pertaining to tangata whenua.
See Commissioning reports from other people for more information.
Commissioning a CIA is good practice when the proposed activity is on, adjacent to, or likely to impact on:
A CIA may also be appropriate where:
Under s36A there is no duty on either the applicant or the council to consult on applications for resource consent or notices of requirement. However a CIA can help ensure that Part 2 matters are appropriately addressed.
See Facilitating consultation with tangata whenua for more information.
When CIAs are not considered necessary, but some understanding of the interests of tangata whenua is desirable, provision for a form of minor CIA may be established through referral procedures from the council or through direct contact with tangata whenua. These enable initial identification of potential effects on cultural values or the need for a CIA. This process also provides benefits in establishing a regular relationship with tangata whenua.
At what stage of the consent process should a Cultural Impact Assessment (CIA) be prepared?
Early is best. Applicants should be encouraged to contact tangata whenua at least at the pre-application stage, but preferably during the concept formulation stage.
See "Pre-application advice to an applicant" for more information
Commissioning a CIA early in the application process can assist in developing the proposal and preparing a complete application. Early input could also provide opportunity for iwi/hapū to influence or have input into the design and planning of project to address potential adverse effects on cultural values before commitments are finalised. Thus a CIA may be a staged process, with the final assessment taking into account the early consultation and input. It allows time for a report to be prepared and potential effects on cultural values to be considered and incorporated into the proposal. Preparing a CIA early in the process allows the opportunity for a relationship to develop between the applicant and tangata whenua.
Other reports or research may be useful when commissioning a CIA as these may identify effects that may need to be considered in the CIA (eg, technical reports such as a marine ecology survey). Coordinating the timing of such reports is important.
However, a CIA can be prepared at any stage of the consent process and can be commissioned by various parties including:
What is included in a Cultural Impact Assessment (CIA)?
The content and structure of a CIA may differ between iwi/hapū groups and with the nature and scale of the proposed activity. Generally, a CIA will include:
A CIA may also include an Archaeological Assessment or survey (as a subcontracted separate report that provides tangata whenua with information needed to assess impacts on archaeological values from a cultural perspective).
How do I commission a Cultural Impact Assessment (CIA)?
You can request a CIA directly from the iwi/hapū who hold mana whenua in the area.
The register of iwi authorities and hapū groups held by councils should contain a list of contact details for each iwi authority or hapū group within the district or region. This should provide either direct contact details or referral to the people who can prepare a CIA on behalf of the tangata whenua of the area.
CIAs are most effective when their terms of reference and the CIA process are developed as part of a collaborative process between the applicant (or other party commissioning the report) and tangata whenua. Terms of Reference should outline:
Sample terms of reference (PDF 77KB)
How long will it take to prepare a Cultural Impact Assessment (CIA)?
The time taken to prepare a CIA will depend on the scale and nature of the proposed activity, what stage in the consent process the assessment is undertaken and the time and resources available to the mana whenua carrying out the work.
The time frame for preparing the CIA is an important part of the terms of reference and needs to be incorporated into the project formulation and application process. Timing may be affected by the frequency of meetings of the iwi/hapū group (for obtaining a mandate and, later, sign off) or other community events of cultural significance and priority. Some flexibility in timing expectations is therefore recommended.
How much will it cost?
Cost will depend on the scale and nature of the proposed activity. The cost of preparing the CIA should be agreed upon prior to the report-writing process and included in the terms of reference.
See What is included in a Cultural Impact Assessment (CIA)
Advice from iwi/hapū groups through the preparation of a CIA report is the result of their expertise in the matters of cultural values. Advice sought from iwi/hapū on the effects of proposed activities should be regarded as technical advice, much like any other service provider of technical advice, such as ecological or hydrological assessments. Iwi/hapū advice should therefore be paid for at a similar rate to that of other professionals involved in resource management. A contractual arrangement for services is normally entered into (ie, a CIA is commissioned).
See How do I commission a Cultural Impact Assessment (CIA)
How are recommendations from a Cultural Impact Assessment (CIA) implemented/taken into account?
The key to an effective CIA is to foster a genuine relationship between the applicant and tangata whenua.
After the final CIA report is provided to the applicant, the applicant should respond in writing to the recommendations contained within the report. This response should identify how the recommendations will be accommodated and/or where this is not possible.
It can also be useful for the parties to meet after the final CIA report has been provided to identify ways to avoid, remedy or mitigate the potential adverse effects identified in the report. The Terms of Reference or a subsequent Memorandum of Understanding can set out any on-going consultation needs or how recommendations from the report will be addressed.
The assessment of effects on the environment should include the applicant's response to the CIA, including any negotiated outcomes after receiving the CIA report.
Councils should take the issues reported and any agreements reached between the parties and any recommendations into account in assessing the Assessment of Environmental Effects (AEE) and the application for resource consent. The outcomes from the CIA can be reflected in the conditions of consent if granted.
What is the difference between a Cultural Impact Assessment (CIA) and consultation?
The focus of tangata whenua participation in resource management is at the 'front end ' of the planning process (plans and policy). Under s36A of the RMA neither the applicant nor a council has a duty to consult any person in respect of applications for resource consent or notices of requirement.
The RMA however, does not preclude consultation with any party. Consultation with tangata whenua and the gathering of information to inform the assessment of environmental effects and good decision-making is still recognised as best practice. Consultation is particularly important where plan-making processes are yet to fully incorporate tangata whenua values and associations with natural and physical resources, or where proposals for activities are likely to have a significant potential impact on tangata whenua associations with the environment or cultural materials of high importance.
See Facilitating consultation with tangata whenua.
Consultation should form part of the process for preparing a CIA, or may occur when:
The preparation of a CIA is different from consultation in that it is seeking expert advice in project development and/or application for resource consent. This is part of the gathering of information phase of project development and differs from legal "consultation" under the RMA. Tangata whenua in preparing a CIA are acting in a technical capacity, rather than one of advocacy.
Will tangata whenua still submit on the application if it is notified?
Tangata whenua or individuals within iwi or hapū groups may still lodge a submission on a publicly notified application where a CIA report has been commissioned.
This may be because the recommendations in the report have not been addressed to the expectations of the tangata whenua, or groups or individuals within the tangata whenua may feel they have not been adequately consulted or represented in the CIA report preparation process. It may also be to follow through on issues identified or recommendations made in the CIA, and provide a formal opportunity for input into the decision-making process.
Acknowledgements
This FAQ was prepared by Kate Sedgley from the Ministry for the Environment. The FAQ was peer reviewed by Mark Batchelor of MWH New Zealand Ltd, Dyanna Jolly of Dyanna Jolly Consulting Ltd, Christchurch, and Keir Volkerling.
These questions and answers were prepared in June 2006 with a minor update to reflect the RMAA 2009, by Cindy Weir of Brown & Pemberton Planning Group in December 2009.
Additional resources:
Akwé: Kon Guidelines. Voluntary guidelines for the conduct of cultural, environmental, and social impact assessments regarding developments proposed to take place on, or which are likely to have an impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities. Secretariat of the Convention on Biological Diversity, 2004. Montreal, 25 p. (CBD Guidelines Series). Available on www.biodiv.org.
