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Facilitating consultation with tangata whenua

Best Practice Examples

Determining which tangata whenua to consult

Auckland City has defined Maori as three groups:
Iwi Ahikaa - Tangata Whenua Exercising Mana Whenua: Council acknowledges that specific iwi have ahikaa (long unbroken occupation and authority) and exercise mana whenua (maintenance and sustainable management of land) over lands within council boundaries. They will be consulted by council for the purposes of the Resource Management Act 1991 (where there is a duty to consult with tangata whenua) and on projects where there is mutual agreement between council and iwi exercising mana whenua.
Tangata Whenua - Historical Association: Council acknowledges that specific iwi that have historical and spiritual ties to lands within council boundaries as such should be consulted by council for the purposes of the Resource Management Act 1991 in respect to resource consents applications.
Taurahere: The association of Maori individuals or groups who join together to fulfil a common purpose or goal, that share similar aspirations and who either live outside their tribal territories or are urban-based. Council acknowledges that these groups or individuals make up the community within council boundaries and should be consulted by council on community issues.

Relationship agreements

Manuhiri Omaha Kaitiakitanga Ora Trust Board and Rodney District Council have entered into a memorandum of understanding that clearly sets out the common goals and objectives of both parties. Rodney District Council has copies of all memorandums of understanding it has entered into with tangata whenua groups on its website.
The Charter of understanding between Environment Southland, Invercargill City Council, Southland District Council, Gore District Council and Te Ao Marama clearly sets out common goals and objectives. It includes operational arrangements between the councils and Te Ao Marama, as well as capacity building initiatives.
Queenstown Lakes District Council consultation policy and toolkit is a good example of a council policy that sets out how the council will consult with tangata whenua. While the policy is primarily aimed at LGA consultation, it is equally applicable to RMA consultation.

Operational agreements

Dunedin City Council's resource consent protocol with Kai Tahu ki Otago forms a subset of the memorandum of understanding that Dunedin City Council has with the Papatipu Runanga (see Appendix 6 of the linked report). The Council's planning team has established a weekly face-to-face meeting (if required) with Kai Tahu ki Otago Ltd, where a list of current consents is presented and any consents of interest are discussed with the planners. This helps alleviate tangata whenua concerns and develops a greater understanding of the type of issues tangata whenua may be interested in.
Whangarei District Council has developed Whangarei District Council's resource consent response criteria, for use when a tangata whenua group requests consultation on an application. This provides clear expectations for councils and for tangata whenua on what each party will do in particular circumstances.

Tangata whenua council committees

Kaikoura District Council has developed an excellent working partnership with iwi, keeping them informed of any relevant developments within the district. A number of iwi representatives also serve on the Hearings and Applications Committee, the Planning Committee, the Social Services Committee and the Tourism Development Committee.

Environment Bay of Plenty have established a Maori committee, whose role is to consider governance issues relating to the principles of the Treaty of Waitangi and Council's legislative obligations to Maori. It also oversees Council's work to build the capacity of Maori to contribute to Council's decision-making process.

Greater Wellington Regional Council - Ara Tahi - is an inter-iwi representative group with representatives from each of the Wellington region 's seven iwi authorities who meet regularly with Greater Wellington to discuss council business, exchange views, and provide policy advice.

Napier City Council have a Maori standing committee, whose role is to make recommendations to agenda items on other committees ' agendas and to standing committees. The members comprises the mayor (or deputy) and representatives from five hapu or marae.

Resourcing tangata whenua participation

The Auckland Regional Council website on consultation with iwi includes a number of expectations that iwi may have when they are consulted on resource consent applications; this information includes that a fee is likely to be requested by iwi to cover costs.

Section 4 of the Wairoa District Plan encourages applicants to agree with tangata whenua on the payment of reasonable costs for consultation, as an implementation method.

Environment Southland 's fees and charges schedule specifies that there may be charges incurred for iwi consultation, both for resource consent applications and private plan changes.

Kaikoura District Council's land use application form refers specifically to the potential need for an applicant to obtain a cultural impact assessment as part of the preparation of their application.

Environment Southland, Invercargill District Council, Southland District Council, and Gore District Council are all parties to the Charter of understanding with Te Ao Marama Inc. This charter sets out that the councils will fund a set amount annually to Te Ao Marama Inc. Environment Southland also provides funding for a tikanga Maori student for university semester breaks.

Maintaining records and contact databases

Both Northland Regional Council's and Taranaki Regional Council include maps of iwi boundaries with accompanying contact information. These maps are based on Te Kahui Mangai, and provide more certainty on tangata whenua areas of interest.

Auckland Regional Council 's website includes contact lists for tangata whenua groups within the region, including a list of all iwi management plans that the council holds.

Rodney District Council 's website includes a contact list for tangata whenua groups in the district, including all memorandums of understanding that are in place with tangata whenua groups.

Developing plan provisions that recognise the interests of tangata whenua

Part 7.13 of the Auckland City Council's Proposed District Plan - Hauraki Gulf Section 2006 introduces provisions to protect Maori heritage sites in advance of the sites being included in the district plan, as the work had not been completed when the plan was notified. It sets out the process of introducing future sites (by variation or plan change after consultation with tangata whenua) and also sets out how activities in the vicinity of any sites will be assessed.

Rules OL81 - OL87 of the New Plymouth District Plan state that resource consents may be required from the council before carrying out certain activities on, or in close proximity to, a listed wahi tapu or archaeological site. The plan notes that some sites have silent files that are accurate to legal description only, and that this generally means that iwi or hapu have chosen not to publicly disclose its significance or any information that they hold regarding the site. The need to consult the relevant hapu or iwi is signalled in the plan as one of the assessment criteria requires the effect of the proposal on the cultural significance of the site to be assessed by the relevant tangata whenua. It is also signalled in the supporting information outside the district plan that obtaining written approval, for resource consent applications affecting wahi tapu and archaeological sites from the relevant tangata whenua means that the application is likely to be non-notified.

Policy 1.2.4.10 of Environment Waikato 's Regional Plan identifies the need for any record of consultation with tangata whenua to be included where appropriate, as part of the assessment of environmental effects with any resource consent applications. Also to be included is information on how the activity will affect the relationship of tangata whenua with the natural and physical resources covered in the regional plan.

Environment Southland 's Proposed Regional Freshwater Plan and the Waikato District Plan Operative in Part have both taken an integrated approach to plan formulation, addressing issues of importance to tangata whenua throughout the plan, rather than as a separate section. In both cases, issues were identified through direct consultation and engagement with tangata whenua and the use of iwi management plans.

Assisting in the development of iwi management plans and other iwi planning documents

Nelson City Council assisted both in funding and resourcing the Nga Taonga Tuku Iho ki Whakatu Management Plan, prepared for five iwi in the Nelson area. The management plan is referenced in the Nelson City Council Community Plan 2009-2019 (PDF 335KB).

Environment Bay of Plenty has a fund to provide technical and financial support for iwi and hapu to prepare iwi management plans. The council provides hapu and iwi with guidance on applying for the fund, including a brochure, policy and application form. The council also has an official lodgement form for finalised iwi management plans.

Whangarei District Council has developed Guidelines for preparing and taking into account iwi and hapu environmental management plans. These guidelines provide iwi and hapu guidance on preparing iwi management plans as well as council staff guidance on taking iwi management plans into account; this includes determining if the plan will be a public document made available to the general public.

Imposing consent conditions that recognise the interests of tangata whenua

Gore District Council has developed a standard condition in conjunction with Te Ao Marama Inc, as representatives of Murihuku tangata whenua:

If Koiwi (human skeletal remains) are discovered, then work shall stop immediately and Te Ao Marama Inc (Ngai Tahu (Murihuku) Resource Management Consultants) will be advised. They will arrange a site inspection by the appropriate Tangata whenua and their advisors, including statutory agencies, which will determine whether the discovery is likely to be extensive and whether a thorough site investigation is required. Materials discovered will be handled and removed by iwi responsible for the tikanga appropriate to their removal or preservation. Taonga or artefact material other than Koiwi will be treated in a similar manner so that their importance can be determined and the environment recorded by qualified archaeologists alongside the appropriate tangata whenua.

Also see the condition for the Project West Wind resource consent (see paragraph 102) in the  Environment Court decision requiring the consent holder to prepare an Accidental Discovery Protocol to be implemented in the event of discovery of cultural or archaeological material.

Recognising kaitiakitanga through the monitoring of consent conditions

Environment Canterbury involves tangata whenua in a number of RMA areas, including being consulted on monitoring of rivers; and being forwarded resource consents application for proposals in areas with a statutory acknowledgement. Further details can be seen in Chapter two and Chapter 4.11 of the proposed natural resources regional plan.

Building capacity

Northland Regional Council administers an Environment Fund open to individuals and voluntary groups for projects on private land. Tangata whenua groups have received funding through the fund for environmental protection, enhancement and monitoring projects.

Environment Southland uses a range of methods to ensure that its staff are aware of issues that are important to tangata whenua. Some of these measures include:

Horizons Regional Council offers the Don Linklater Memorial bursary to full-time university students in areas relevant to its functions, including Maori studies in relation to resource management.

Using liaison officers, translators and facilitators

Auckland Regional Council has a Maori Relations Unit, Te Pae Hononga Maori . Its responsibilities include providing advice and support across the council in respect to matters Maori. A desired outcome is raising awareness of resource management issues of significance to tangata whenua, consultation processes and tikanga Maori.

Te Ao Marama is a business unit of Te Runanga o Ngai Tahu that represents tangata whenua interests in resource management for the four papatipu runanga within the region. Te Ao Marama provides liaison between resource consent applicants and the four papatipu runanga and is funded in this role by Environment Southland, Southland District Council, Invercargill City Council and Gore District Council. This relationship is set out in the Charter of understanding.