Council engagement with tangata whenua for RMA processes - a Ngāi Tahu case study

Abstract

This guidance note provides information on the ways that councils may engage with tangata whenua in Resource Management Act 1991 (RMA) processes. The guidance is based on interviews in 2005 and 2006 with the 26 South Island councils located within the Ngāi Tahu takiwā.  

Some of the engagement that the councils undertake with Ngāi Tahu is mandatory, established through Statutory Acknowledgments and First Schedule requirements for RMA plan and policy preparation and review. Other areas of engagement are voluntary but, when based on best practices, can ultimately lead to better RMA decision making.  Underlying any engagement are the specific matters set out in Part II of the RMA, particularly sections 6(e), 6(f), 7(a) and 8.

The best practice information within this guidance note relates specifically to the councils within the Ngāi Tahu takiwā. While this is a unique situation within New Zealand (Ngāi Tahu has mana whenua over most of the South Island and is the only iwi within many council areas),the tools and techniques discussed are relevant and applicable to other New Zealand councils when applied on a case-by-case basis and taking into account the variations between and within regions.

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Guidance note

• Introduction
• Background
• Relationships and Internal Policies
• Plan and policy development processes
• Resource consent processes
• RMA Monitoring
• Public and applicant information and guidance
  

 

Introduction

This guidance note is based on the findings of a series of interviews undertaken by the Ministry for the Environment with 26 South Island councils within the Ngāi Tahu takiwā in 2005 and 2006.  The interviews focussed on the councils’ relationships and engagement with Te Rūnanga o Ngāi Tahu and were based on a set of qualitative questions developed as part of the Ministry’s obligations under the Ngāi Tahu Deed of Settlement.

This guidance note is based on the relationships and engagement that councils within the Ngāi Tahu takiwā have with the iwi.  It provides guidance to those and other New Zealand councils on tools and techniques to engage with tangata whenua in RMA processes, whether mandatory or as best practice. 

While this guidance focuses on examples of good practice, there is still much scope for improving tangata whenua engagement in RMA processes. Much of the existing good practice relies on interpersonal relationships developed between council and tangata whenua practitioners.
For the purpose of this document, iwi, whānau, hapū and rūnanga are collectively referred to as tangata whenua.

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Background

Ngāi Tahu

Ngāi Tahu is tangata whenua over all but the most northern part of the South Island.  Ngāi Tahu is made up of whānau and hapū within 18 Papatipu Rūnanga, who hold mana whenua over particular areas within the takiwā.  For more information on Ngāi Tahu, see their website.

The extent of the Ngāi Tahu takiwā is defined in the Te Rūnanga o Ngāi Tahu Act 1996 and recorded on Te W Kāhui Māngai, a website directory of iwi and Māori organisations maintained by Te Puni Kōkiri.

Te Rūnanga o Ngāi Tahu was established as a body corporate under Te Rūnanga o Ngāi Tahu Act 1996 as a legal entity that represents the tribal collective of Ngāi Tahu. This Act also establishes Te Rūnanga o Ngāi Tahu as the iwi authority for the purposes of the RMA.

As the iwi authority, Te Rūnanga o Ngāi Tahu is required under the Te Rūnanga o Ngāi Tahu Act 1996 (section 15) to seek the views of Papatipu Rūnanga and hapū. In some areas, Papatipu Rūnanga have formed representative bodies to assist with engagement:

• The four Papatipu Rūnanga of Southland have established Te Ao Mārama Inc to provide liaison between applicants for resource consents and local Papatipu Rūnanga.
• The four Papatipu Rūnanga of Otago have established Kāi Tahu ki Otago Ltd, a resource management consultancy based in Dunedin.  Its clients include local authorities and applicants.

The Ngāi Tahu Deed of Settlement and Ngāi Tahu Claims Settlement Act 1998

The Ngāi Tahu Claims Settlement Act 1998 provides full and final settlement of historic Ngāi Tahu Treaty claims against the Crown. This Act provides legislative means to implement the 1997 Deed of Settlement between Ngāi Tahu and the Crown. 

The key element of the settlement package for RMA practitioners is the recognition of the role of Ngāi Tahu in environmental management, primarily through the RMA requirements relating to Statutory Acknowledgements and the recognition of areas and species of importance to Ngai Tahu.

Such Deeds of Settlement and associated legislation are not unique to Ngāi Tahu.  There are many settled treaty claims throughout New Zealand, and several more under negotiation.  See the Office of Treaty Settlement website to view all the Deeds of Settlement, any associated legislation that has been entered into, and the progress of Treaty Claims negotiations between tangata whenua and the Crown throughout New Zealand.

Statutory Acknowledgements

A Statutory Acknowledgement is an acknowledgement by the Crown that recognises the mana of a tangata whenua group in relation to specified areas, particularly the cultural, spiritual, historical and traditional associations with an area.  These acknowledgements are only given over Crown-owned land.  ‘Statutory areas’ include areas of land, geographic features, lakes, rivers, wetlands and coastal marine areas.  The locations of statutory areas are shown on Survey Office plans held by Land Information New Zealand, with the text of each statement of association set out in Schedules to the Act that establishes them.  There are 70 Statutory Acknowledgements contained in the Ngāi Tahu Claims Settlement Act 1998. 

The Deed of Settlement and the Ngāi Tahu Claims Settlement Act 1998 set out a series of requirements for councils, the Environment Court, the Historic Places Trust and the Ministry for the Environment in respect of Statutory Acknowledgements.  These requirements are described below.

See the brochure Ngāi Tahu Statutory Acknowledgments: A Guide for Local Authorities for more information.

Council Obligations for Statutory Acknowledgement areas within the Ngāi Tahu Takiwā

A council’s obligations are to:

• identify all statutory areas within the region/district (see Recognising Statutory Acknowledgements)
• send Te Rūnanga o Ngāi Tahu summaries of all new resource consent applications that affect statutory areas as soon as practicable after the applications are received, and before any determinations are made under sections 93 and 94 of the RMA (see Specific requirements for Statutory Acknowledgements)
• have regard to Statutory Acknowledgements when determining whether Te Rūnanga o Ngāi Tahu is adversely affected by an application (under section 94 of the RMA)
• attach information relating to Statutory Acknowledgements to the regional/district plan (see Recognising Statutory Acknowledgements).

None of these obligations limit or affect the council’s overriding obligations under the RMA; particularly those matters contained in Part II.

The Ministry for the Environment’s Obligations under the Deed of Settlement

Under the Deed of Settlement, the Ministry for the Environment has an obligation to meet with all local authorities within the Ngāi Tahu takiwā in order to monitor the performance of each council in implementing the Treaty provisions in the Resource Management Act 1991.  This monitoring has formed the basis for this guidance note.

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Relationship Agreements and Internal Council Policies

There are a number of ways a council can choose or be required to engage with tangata whenua in RMA processes.  These include engagement to:

• improve understanding and awareness of tangata whenua values and concerns to be able to give due and appropriate consideration of sections 6(e), 6(f), 7(a) and 8 of the RMA matters
• inform plan and policy development processes under Clauses 3 and 3B of the First Schedule of the RMA
• determine how to take iwi planning documents into account under sections 61, 66 and 74 of the RMA
• determine whether tangata whenua are an affected party for a resource consent application or a notice of requirement
• determine potential effects on the environment when considering a resource consent application under section 104 of the RMA.

Some of the means to ensure that such engagement occurs include:

• having good administrative systems & practices
• entering into relationship agreements with tangata whenua within the region or district
• having clear internal council policies.

Relationship Agreements

The first step in entering any formal or informal relationship agreement with tangata whenua is to develop a good and effective working relationship.  Whanaungatanga, or relationship building, is a pervasive concept of Māoritanga.   To tangata whenua, relationships (with people, the spiritual world, and the physical world) are everything.

Relationship agreements are documents that formally acknowledge and identify the scope and extent of understanding and/or working relationships between a council and a specific tangata whenua group who has mana whenua over a particular area or claims ahi kā (historical and spiritual ties to land within their boundaries).  

Relationship agreements are not a mandatory requirement; however, they provide certainty to both the council and tangata whenua of how they will work together.

See the Consultation with Tangata Whenua Guidance Note for more information on relationship agreements.

When entering into Memoranda of Understanding (MOU), protocols, terms of reference, or other form of relationship agreement, councils should consider:

• developing them with each mandated or representative tangata whenua group within the district or region 
• using multi-council MOU for areas of shared council and tangata whenua interest to provide for consistent practice across councils (refer to the Southland Best Practice Example)
• the need to keep any agreement up to date with a regular review process, and to acknowledge both Local Government Act 2002 (LGA) and RMA processes.

Some components of agreements can include:

• agreeing on a formal process for how the council will deem whether tangata whenua are an affected party within any Statutory Acknowledgement areas
• agreeing on how to identify sites of significance to tangata whenua in a database that is accessible to people outside the council, and what elements to include in the database (refer to the Kaikoura District Council’s Best Practice example)
• providing assistance to allow tangata whenua to participate in council RMA and LGA processes (refer to the Southland Best Practice example and Kaikoura District Council Best Practice example ). 

Internal Council Policies

Having clear internal council policies will help the council engage with tangata whenua by ensuring consistency in approach and awareness of tangata whenua values and concerns.  Some of the matters that policies can address include:

• Identifying tangata whenua groups within the district or region in an easily accessible way (refer to the Otago Regional Council Best Practice example and Environment Canterbury’s Best Practice example
• Having documented protocols in place for council use of iwi planning documents (refer to the Otago Regional Council Best Practice example and the Environment Canterbury Best Practice example).
• Putting in place procedures and systems to ensure that staff throughout the council are aware of issues of concern to tangata whenua (refer to the Dunedin City Council Best Practice example).
• Providing staff training (through a mix of formal and informal measures), to raise awareness of tangata whenua issues – both specific to their position and more widely relevant to their district or region (refer to the Environment Southland Best Practice example).
• Providing clear direction on where and when Māori Commissioners should be used in RMA decision making.   Any policy should specifically address conflict of interest issues.  The Use of Commissioners Guidance Note provides guidance on the use of Māori Commissioners (refer to the Kaikoura District Council Best Practice example).
• Ensuring that there is an understanding of Māori protocol among council staff and Councillors, and that this protocol is used at relevant hearings (refer to the Otago Regional Council Best Practice example). 

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Plan and Policy Development Process

To enable effective tangata whenua participation, and understanding and awareness of tangata whenua values and resource management issues in RMA plan and policy development processes, councils should:

• Maintain an accurate list and copies of all iwi planning documents that are recognised by iwi authorities within the district or region.  Iwi planning documents should be:
  • Available in electronic and hard copy
  • Available and clearly located on the council’s intranet
  • Analysed by council on receipt of the plan (refer to the Environment Canterbury Best Practice example and the Dunedin City Council Best Practice example).
• Use iwi planning documents as a starting point for policy development and consultation (refer to the Queenstown Lakes District Council Best Practice example).
• Document the use of relevant iwi planning documents in plan preparation (from the issue identification stage and onward) showing how they have been taken into account.
• Hold regular hui for tangata whenua participation in plan preparation.
• Involve tangata whenua in working parties.
• Work with tangata whenua to develop and maintain an accessible database of sites of significance to tangata whenua to inform plan and policy development (refer to the Kaikoura District Council Best Practice example).
• Consider resourcing tangata whenua for the development of cultural impact assessments and iwi planning documents, participation in hearings committees, and meeting costs and fees, etc.

These methods of engaging and involving tangata whenua in plan and policy development processes can be included as particular matters in any relationship agreement.  Refer to the Environment Southland Best Practice example.

Recognising Statutory Acknowledgements

Along with any statutory requirements requiring that Statutory Acknowledgements be attached to any plan, councils should:

• Include the whole text of Statutory Acknowledgements in the plan and not just a reference.
• Ensure reference is made to coastal Statutory Acknowledgements (where applicable).
• Identify Statutory Acknowledgements on planning maps.
• Include appropriate provisions in the relevant district/regional plans, as well as the Statutory Acknowledgements themselves.
• Identify additional areas of importance to tangata whenua in the district/regional plan.
• Clearly define the difference between Statutory Acknowledgements and Deeds of Recognition.

Refer to the Waimate District Council Best Practice example.

The Consultation with Tangata Whenua Guidance Note and Writing Provisions for Regional and District Plans (under development) provide more guidance on Statutory Acknowledgments and incorporating them into Second Generation RMA Plans.

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Resource Consent Processes

Section 36A of the RMA, as introduced by the Resource Management Amendment Act 2005, sets out that there is no duty to consult about resource consent applications and notices of requirement. However, this has not removed the need for a council to be able to determine whether there may be any potential adverse effects on tangata whenua. 

Within the Council
Some of the formal processes that councils can use to determine whether tangata whenua are an adversely affected party include:

• establishing formal processes in consultation and agreement with tangata whenua
• promoting pre-application contact/consultation with tangata whenua
• having rules in the plan that address issues of concern to tangata whenua, including a clear activity status, such as restricted discretionary activities that require consideration of Māori cultural matters
• using iwi planning documents as a guide to identifying issues and concerns to tangata whenua, particularly when the iwi planning document is yet to be taken into account through plan and policy development processes
• requiring a cultural impact assessment to form part of the assessment of environmental effects submitted with an application, where there are potential effects on areas or resources of known interest to tangata whenua (refer to the Marlborough District Council Best Practice example).

By developing good relationships with tangata whenua that go beyond issues formally addressed in plan rules, councils will create a broader understanding of issues of interest to iwi, and thereby enhance their ability to determine whether tangata whenua are an adversely affected party. The Kaikoura District Council Best Practice example provides an example of a process that can be used to identify whether tangata whenua are an adversely affected party.

Helping Applicants

Councils should provide sufficient information and guidance within their RMA planning documents so that applicants can determine issues or resource management activities of concern to tangata whenua, and whether tangata whenua may be adversely affected by a particular proposal.

Some of the methods that councils can use to ensure that applicants are aware of issues or resource management activities of concern to tangata whenua include: 

• identifying relevant issues, objectives, policies and rules in the district/regional plan and regional policy statement
• making copies of iwi planning documents available at their public counters and libraries (refer to the Otago Regional Council Best Practice example)
• referring to, and taking into account, iwi planning documents in the preparation of RMA planning documents (refer to the Queenstown Lakes District Council Best Practice example)
• encouraging applicants to use key staff to source information (for example, iwi liaison officers)
• holding regular wānanga (workshops) with RMA stakeholders on specific issues
• making information brochures, prepared in conjunction with tangata whenua, available to potential applicants (refer to Dunedin City Council example)
• making information easily accessible on the council website as part of resource consent guidance and forms.
• working with resource management consultants operating in the region/district to broker good relationship with tangata whenua.

Conditions of Consent

Councils should use standard conditions to address specific activities of interest to tangata whenua.  Such conditions should be prepared in conjunction with tangata whenua, and provide for an accidental discovery protocol (refer to the Gore District Council Best Practice example).

For more information on the resource consent process, see To Notify or Not to Notify?  That is the Question and the Consent Processing Resource.

Specific Requirements for Statutory Acknowledgements

Generally, Statutory Acknowledgements will require a council to forward copies of all resource consent applications received for a specified area to tangata whenua.  Relationship agreements should include processes established between the council and the tangata whenua to determine the extent of tangata whenua participation in resource consent applications.  Generally, this is achieved by:

• sending a summary of all resource consent applications within a regular timeframe agreed with the tangata whenua; and / or
• sending a full copy of all applications within (either impacting on, or adjacent to) a Statutory Acknowledgement area to tangata whenua. 

As communication, feedback and, ultimately, confidence is built between the council and tangata whenua, then the need to send all applications through may be varied by agreement.  Where agreement is reached, councils and tangata whenua may agree that only certain types of applications and/or applications in specific areas are sent to tangata whenua for review and input.  A screening process should be used to determine the specific nature of activities that are of interest, and the frequency of delivery (refer to the Ashburton District Council Best Practice example). 

The council and tangata whenua should agree on a formal process as to when the council would consider it appropriate to deem tangata whenua an affected party under section 94 of the RMA within any Statutory Acknowledgement area. 

Some of the methods to identify whether tangata whenua may be adversely affected include:

• Establishing formal processes in consultation with tangata whenua (refer to the Dunedin City Council Best Practice example).
• Using the distribution of consents process required for Statutory Acknowledgements to identify where tangata whenua may be adversely affected.
• Promoting pre-application contact/consultation with tangata whenua.
• Having clear rules in the plan that address issues of concern to tangata whenua, including a clear activity status, and where appropriate, either recommending consultation or requiring written approvals.
• Developing good relationships with tangata whenua to understand issues of interest outside those addressed through plan rules.

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RMA Monitoring

Section 35 of the RMA sets out specific matters that councils must monitor within their region or district, including:

• the state of the environment
• the efficiency and effectiveness of its RMA planning documents
• the exercise of resource consents

Section 35A imposes a particular duty for councils to keep records about iwi and hapu within their region or district.  Section 35A requires that councils keep a record of:

• The contact details of each iwi authority within the region or district and any groups within the region or district that represent hapū for the purposes of the RMA.
• The planning documents that are recognised by each iwi authority and lodged with the council.
• Any area of the region or district over which one or more iwi or hapū exercise kaitiakitanga.

The Crown also has obligations under section 35A of the RMA to provide councils with information on the above matters.  Te Puni Kōkiri provides this information for the Crown through the website Te Kāhui Māngai.

Iwi may have internal process or units set up to deal with resource management matters. Councils should also note these processes and include any information obtained from the relevant iwi authority or hapū in their records.

Councils should involve tangata whenua in their RMA monitoring duties under s35 of the RMA where appropriate.  Some ways include:

• involving tangata whenua in monitoring district/regional plans, particularly the cultural chapters and provisions, and where iwi planning documents have been taken into account
• specifically involving tangata whenua in monitoring consent conditions relating to Māori cultural values
• involving tangata whenua in site monitoring when artefacts/sites of significance are discovered
• investigating the use of the Cultural Health Index (CHI) to assess the health of fresh water. 

Refer to the Environment Canterbury Best Practice example.

Specific Requirements for Statutory Acknowledgements

A council should maintain a record of the number of resource consent applications received that affect a Statutory Acknowledgement.  This information should be recorded and easily searchable from within council’s resource consents database. Councils could include a reference on the resource consent application form to identify if a Statutory Acknowledgement is affected.

Refer to the Environment Canterbury Best Practice example, the Gore District Council Best Practice Example and the Otago Regional Council Best Practice example.

For more information on a council’s monitoring responsibilities under s35 of the RMA, see the Monitoring and Reporting One-Stop-Shop.

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Public and Applicant Information and Guidance

In addition to establishing clear objectives, policies and rules within RMA planning documents relating to tangata whenua values and concerns, councils should ensure that both the public and applicants are aware of these values and concerns, and who relevant tangata whenua are.

Some of the methods to achieve this include:

• having copies of all iwi planning documents that are recognised by iwi authorities available at both the public counter and libraries and, where possible, on the internet
• jointly preparing information brochures with tangata whenua
• making information available on the council’s website
• making information available to applicants at the pre-application stage
• sending contact information to regular applicants and including it on application forms
• including contact information in the district/regional plan, such as the name(s) of iwi and hapū in the district/region and where up-to-date contact details can be found.

Refer to the Dunedin City Council Best Practice example.

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Best Practice Examples

Identifying hapū / rūnanga and key individuals:
Otago Regional Council contacts database and contacts procedures manual.
Environment Canterbury’s contact information for all rūnanga.

Relationship agreements between tangata whenua and councils:
Environment Southland, Invercargill District Council, Southland District Council, and Gore District Council’s Charter of Understanding with Te Ao Mārama Inc

Iwi planning documents:
Environment Canterbury’s approach
Otago Regional Council’s approach

Assistance for tangata whenua engagement:
Environment Southland, Invercargill District Council, Southland District Council, and Gore District Council’s funding agreement with Te Ao Mārama Inc
Kaikoura District Council's funding for Māori practitioners.

Recording sites of significance:
Kaikoura District Council’s approach

Awareness of issues and resource management activities:
Dunedin City Council’s approach

Council staff awareness of issues of concern to tangata whenua:
Environment Southland’s approach 

Use of Māori Planning Commissioners:
Kaikoura District Council’s policy on the use of Māori Planning Commissioners

Māori protocol at council hearings:
Otago Regional Council’s information on Māori protocol

Tangata whenua involvement in RMA plan development processes:
Environment Southland’s approach to iwi involvement
Queenstown Lakes District Council’s approach to iwi involvement

Identifying Statutory Acknowledgements:
Waimate District Council’s approach to identifying Statutory Acknowledgements. 

Identifying tangata whenua as affected parties:
Kaikoura District Council’s approach

Cultural impact assessments:
Marlborough District Council’s use of cultural impact assessments

Applicant awareness of issues of concerns to tangata whenua:
Dunedin City Council brochure

Identifying whether tangata whenua should be notified about resource consent applications, or consulted:
Ashburton District Council’s approach

Means of making tangata whenua aware of consents of interest:
Dunedin City Council’s resource consent protocol

Conditions of consent for sites of significance:
Gore District Council’s standard condition

Tangata whenua involvement in RMA monitoring:
Environment Canterbury’s approach

Statutory Acknowledgement register:
Environment Canterbury’s recording of consents affecting Statutory Acknowledgement areas.
Gore District Council’s resource consent database

Recording Ngāi Tahu as affected party within Statutory Acknowledgement areas:
Otago Regional Council’s recording system

Public information on consultation with tangata whenua:
Dunedin City Council’s public information

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Case Law

Case law on tangata whenua engagement, both mandatory and as best practice, is still evolving. 
  
The Ministry for the Environment 2003 publication, Guidelines for Consulting with Tangata Whenua under the RMA: An Update on Case Law, provides a summary of case law on consultation with tangata whenua, and applies it to RMA practice and processes.  However, the document does not reflect the changes introduced in the 2005 amendments, particularly s36A of the RMA that sets out that there is no duty to consult for resource consent applications or notices of requirement.

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Related Guidance Notes

• Assessing the application and the assessment of environmental effects
• Consultation
• Consultation process
• Consultation with tangata whenua
• Frequently asked questions about cultural impact assessments
• Historic Heritage
• Indigenous Biodiversity
• Landscapes
• Notified and limited notified resource consent applications
• Writing Provisions for Regional and District Plans
• To notify or not to notify?
• Use of Commissioners

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Relevant Publications

Co-management: case studies involving local authorities and Māori
Published by Local Government New Zealand, January 2007.
This report records practices and experiences of the parties involved in co-management arrangements between local authorities and Māori. Five case studies are reported and key elements identified and discussed.

Council-Māori engagement.
Published by Local Government New Zealand, January 2007.
This information sheet identifies the statutory responsibilities and benefits of council-Māori engagement, along with opportunities for strengthening engagement.

Frequently asked questions on council-Māori engagement – a resource to support councils.
Published by Local Government New Zealand, January 2007.
This report answers the questions frequently asked by councils about council-Māori engagement under the Local Government Act 2002.

Te Kotahitanga o te Whakahaere Rawa - Māori and Council Engagement under the Resource Management Act 1991
Published by Te Puni Kōkiri, 2006.
This report documents the findings from a series of meetings about Māori involvement in RMA processes, held around the country between Māori, local government, and central government. The report identifies examples of processes and structures, with the aim of helping Māori and councils to enhance their working relationships.

Effective participation in resource consent processes
Published by the Ministry for the Environment, 2005.
This document aims to help tangata whenua participate effectively in resource consent decision-making. It explains the Resource Management Act and its importance to tangata whenua; how and when tangata whenua can get involved in resource consent decision making; what tangata whenua need to do to participate effectively; and what tangata whenua can expect and what is expected of them.  Even though it predates the 2005 Amendments to the RMA, it is still of practical application to tangata whenua.

Maori Tribal Governance Arrangements and their relevance to local government
Published 2005; available on the Local Government New Zealand website.
This research paper identifies Māori tribal governance arrangements and determines their relevancy to local government.

Local government engagement with Māori
Published by Te Pūni Kokiri, the Department of Internal Affairs and Local Government New Zealand, 2004.
This document presents the findings of a survey undertaken in 2004 to identify current practices used by councils when working with or engaging with tangata whenua.

Guidelines for consultation with tangata whenua under the RMA
Published by the Ministry for the Environment, 2003.
This document provides a summary of case law on tangata whenua consultation, and provides guidance on how the case law applies to RMA practice and processes.

Whakamau ki Nga Kaupapa - Making the best of iwi management plans under the Resource Management Act 1991
Published by the Ministry for the Environment, 2003.
This guide provides a practical summary of ideas to help local authorities make the most of iwi management plans and other iwi planning documents. It provides suggestions about how council staff and their consultants can work more effectively with iwi and represent their views in district and regional planning processes using iwi management plans as a focus and starting point.

Māori participation in local government webpage
Department of Internal Affairs; www.localcouncils.govt.nz.
This web page on the Department of Internal Affairs website provides Māori with information and guidance on ways that Māori can become involved in council decision making processes.

Ngāi Tahu: Statutory Acknowledgements
Te Rūnanga o Ngāi Tahu and the Ministry for the Environment, 2002.
This flyer provides general information for resource consent applications on the implications for resource consent applications arising from the Deed of Settlement and the Ngāi Tahu Claims Settlement Act 1998.

Talking constructively: A practical guide for building agreements between iwi, hapu and whanau, and local authorities
Published by the Ministry for the Environment, 2000.
This guide is designed to be a practical summary to help iwi, hapū and whānau and local authorities to prepare for all forms of joint discussions including mediation.

Te Raranga a Mahi: Developing Environmental Management Plans for Whanau, Hapu and Iwi
Published by the Ministry for the Environment, 2000.
This manual seeks to provide whānau, hapū and iwi with tools to prepare Iwi Planning Documents.

Ngāi Tahu Statutory Acknowledgements: A Guide for Local Authorities
Published by the Ministry for the Environment, 1999.
This document provides guidance for local authorities on the implications of Statutory Acknowledgements, the Deed of Settlement and the Ngāi Tahu Claims Settlement Act 1998 for RMA processes.

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Challenges in Practice

• Providing assistance to allow for Māori practitioners to participate in council RMA and LGA processes.
• Strategic and succession planning for tangata whenua.
• Recording sites of significance to tangata whenua.
• Sharing information within a council – database, iwi/tangata whenua training programmes.

Identification of Māori Commissioners and providing training for them. 

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Acknowledgements

This guidance document was prepared by Gina Sweetman of Beca Carter Hollings and Ferner Ltd, based on interviews undertaken by the Ministry for the Environment. The document was further shaped and refined by Kate Sedgley of the Ministry for the Environment. The document was peer reviewed by Chris Rosenbrock of Kāi Tahu ki Otago Ltd.

This guidance document was prepared in April 2008.

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