Council engagement with tāngata whenua for RMA processes - a Ngāi Tahu case study
Specific Statutory Acknowledgements requirements for the Environment Court and the Historic Places Trust:
Statutory Acknowledgements can be used in submissions to the Environment Court and the Historic Places Trust as evidence of the association of Ngāi Tahu with a statutory area.
Relationship agreements:
Generally, relationship agreements do not focus solely on the RMA. Some aim to develop a wider council/tāngata whenua relationship, including links to the Local Government Act where relevant. There are various types of relationship agreements including:
- memoranda of understanding
- charters of understanding
- protocols.
Providing assistance to allow tāngata whenua practitioners to participate in council RMA and LGA processes:
- Council assistance could include:
- employing iwi liaison officers
- payment or contracts for technical advice
- payment of meeting expenses and/or meeting fees
- support for developing iwi planning documents
- training tāngata whenua representatives in resource management
- student cadetships
- participation in hearings committees (including the development of policy to identify when using Māori Commissioners may be appropriate)
- support for tāngata whenua to identify sites for inclusion in district/regional plans, or through alternative processes.
A formal process for determining whether tāngata whenua are an adversely affected party within Statutory Acknowledgement areas:
Some of the methods to identify whether tāngata whenua are an adversely affected party within Statutory Acknowledgement areas include:
- establishing formal processes in consultation with tāngata whenua
- promoting pre-application contact with tāngata whenua
- having clear rules in the plan including clear activity status
- developing good relationships with tāngata whenua to understand issues of interest outside those issues addressed through plan rules.
Agreeing on sites of significance within accessible databases:
- Identifying sites of significance in databases should include some, if not all, of the following elements:
- the identification of sites on planning maps
- alert layers (maps/flags) for internal processes where sites are not identified on planning maps
- an acknowledgement that the sites are more than just archaeological sites
- a systematic recording system
- tāngata whenua involvement in updating information
- input from the New Zealand Archaeological Association
- agreements on how to handle sensitive or confidential information.
Documentedprotocols for using iwi planning documents:
Protocols can include:
- maintaining an accurate list and copies of all iwi planning documents recognised by iwi authorities within the district or region
- ensuring that all iwi planning documents are available and clearly located on the Council's intranet
- ensuring that any new iwi planning document is analysed as soon as the council receives it.
Procedures and systems to ensure staff are aware of issues of concern to tāngata whenua:
Some of the procedures and systems that can be used to ensure staff awareness include:
- identifying issues in council planning documents, such as, district or regional plans or regional policy statements
- commissioning cultural impact assessments for specific plans or reports
- effectively using iwi planning documents
- using Statutory Acknowledgements
- using key staff (for example, iwi liaison officers) to provide information
- holding wananga (workshops) on specific issues
- establishing processes to raise staff awareness, such as, induction and ongoing training
- identifying issues through Memoranda of Understanding
- holding regular meetings with tāngata whenua to confirm issues and identify new or emerging issues.
Staff training on tāngata whenua issues:
Methods to provide staff training include:
- using key staff (for example, iwi liaison officers) to provide information
- holding wananga (workshops) on specific issues
- providing training for new staff as part of their induction
- providing ongoing training
- ensuring staff are familiar with the relevant iwi planning documents in the region or district.
Understanding of Māori protocol:
Methods to ensure that Māori protocol is understood and provided for include:
- having information on Māori protocol in all council information about holding hearings
- a prompt on submission/application forms to ensure that any special requirements (such as a translator) can be provided for.
Developing an accessible database:
An accessible database should include some, if not all, of the following elements:
- sites are identified on planning maps
- an acknowledgement that significant sites are more than just archaeological sites
- a systematic recording system
- tāngata whenua involvement in updating information
- input from the New Zealand Archaeological Association
- alert layers or flags for use in internal processes
- agreements on how to handle sensitive or confidential information.
Section 95E of the RMA sets out the tests for a council to form an opinion as to who may be adversely affected by a resource consent application. Section 95E(2)(c) specifically requires that a council must have regard to every relevant statutory acknowledgement when forming an opinion on who may be adversely affected.
