Setting the Scene: The Role of Iwi Management Plans in Natural Hazard Management.

Transcription

1 See discussions, stats, and author profiles for this publication at: Setting the Scene: The Role of Iwi Management Plans in Natural Hazard Management. Technical Report July 2017 DOI: /G26D2V CITATIONS 0 READS 55 1 author: Wendy Saunders GNS Science 51 PUBLICATIONS 251 CITATIONS SEE PROFILE Some of the authors of this publication are also working on these related projects: Resilience Governance: a programme within Resilience to Nature's Challenge View project Mātauranga Māori: Resilience to Nature's Challenges (National Science Challenge) View project All content following this page was uploaded by Wendy Saunders on 15 October The user has requested enhancement of the downloaded file.

2 Setting the Scene: The Role of Iwi Management Plans in Natural Hazard Management. W.S.A. Saunders GNS Science Consultancy Report 2017/30 July 2017

3 DISCLAIMER The Institute of Geological and Nuclear Sciences Limited (GNS Science) and its funders give no warranties of any kind concerning the accuracy, completeness, timeliness or fitness for purpose of the contents of this report. GNS Science accepts no responsibility for any actions taken based on, or reliance placed on the contents of this report and GNS Science and its funders exclude to the full extent permitted by law liability for any loss, damage or expense, direct or indirect, and however caused, whether through negligence or otherwise, resulting from any person s or organisation s use of, or reliance on, the contents of this report. BIBLIOGRAPHIC REFERENCE Saunders, W.S.A Setting the scene: the role of iwi management plans in natural hazard management. Lower Hutt (NZ): GNS Science. 34 p. (GNS Science report 2017/30). doi: /G26D2V. W.S.A. Saunders, GNS Science, PO Box 30368, Lower Hutt, New Zealand Institute of Geological and Nuclear Sciences Limited, ISSN (Online) ISBN (Online)

4 CONTENTS GLOSSARY... III ABSTRACT... IV KEYWORDS... IV 1.0 INTRODUCTION IWI MANAGEMENT PLANS LEGISLATIVE CONTEXT FOR IWI MANAGEMENT PLANS THE TREATY OF WAITANGI RESOURCE MANAGEMENT ACT Mana Whakahono-a-Rohe new iwi participation arrangements LOCAL GOVERNMENT ACT IWI MANAGEMENT PLANS AND NATURAL HAZARD MANAGEMENT AN ALTERNATIVE PLANNING FRAMEWORK CO-GOVERNANCE ARRANGEMENTS STATUTORY ACKNOWLEDGMENTS IWI MANAGEMENT PLANS AS AN ENGAGEMENT TOOL RESOURCE MANAGEMENT ACT LOCAL GOVERNMENT ACT MĀTAURANGA MĀORI IN SCIENCE AND RESEARCH IN REGIONAL AND LOCAL GOVERNMENT Case study: Bay Of Plenty Regional Council SUMMARY ACKNOWLEDGEMENTS A2.0 APPENDIX 2 BAY OF PLENTY REGIONAL COUNCIL S MĀTAURANGA MĀORI FRAMEWORK FIGURES Figure 1.1 Figure 2.1 Research programme investigating the role of iwi management plans in natural hazard management Some of the many issues which can be addressed in IMPs (Bay of Plenty Regional Council n.d.)... 4 Figure 2.2 Benefits to Councils of IMPs (Waikato Regional Council 2017) Figure 3.1 The influence of iwi management plans under the Resource Management Act Figure 3.2 Legislative tools available to manage natural hazards, with linkages shown Figure 3.3 Proposal natural hazard planning framework based on the Treaty of Waitangi principles, showing the dual nature of knowledge (adapted from Harmsworth and Awatere 2013, p282) GNS Science Report 2017/30 i

5 Figure 4.1 Key components of a collaborative process applicable to natural hazard planning and policy making (Harmsworth et al (2015, p2); Robb et al (2015, p13) APPENDICES A1.0 PROVISIONS IN RMA PROVIDING FOR MĀORI INTERESTS IN RESOURCE MANAGEMENT A2.0 BAY OF PLENTY REGIONAL COUNCIL S MĀTAURANGA MĀORI FRAMEWORK ii GNS Science Report 2017/30

6 GLOSSARY Hapū A section of a large kinship group and the primary political unit in traditional Māori society. It consisted of a number of whānau sharing descent from a common ancestor. A number of related hapū usually shared adjacent territories forming a looser tribal federation (iwi). Iwi Extended kinship group, tribe, nation, people, nationality, race - often refers to a large group of people descended from a common ancestor and associated with a distinct territory. Kaitiakitanga Kāwanatanga Mana Whakahono-a-Rohe Mātauranga Māori Rūnanga Rohe Tangata whenua Tino rangatiratanga Wāhi tapu Exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources; and includes the ethic of stewardship (RMA). Government, dominion, rule, authority, governorship, province. Iwi participation arrangements under the Resource Management Act Knowledge, wisdom, and/or understanding Council, tribal council, assembly, board, boardroom, iwi authority - assemblies called to discuss issues of concern to iwi or the community. Boundary, district, region, territory, area, border of land. Local people, hosts, indigenous people - people born of the whenua, i.e. of the placenta and of the land where the people's ancestors have lived and where their placenta are buried. Self-determination, sovereignty, autonomy, self-government, domination, rule, control, power. Sacred place or site - a place subject to long-term ritual restrictions on access or use, e.g. a burial ground, a battle site or a place where tapu objects were placed. ( GNS Science Report 2017/30 iii

7 ABSTRACT This report forms the first stage in a four-stage research programme investigating the role of iwi management plans in natural hazard management. Iwi management plans provide a valuable strategic tool for natural hazard management, however their potential influence and role within Council planning is uncertain. The aim of this Stage 1 report is to provide the context for the next stages of the overall research project. Key findings of this report include that: IMPs provide an opportunity to include information on natural hazards, their preferred management options, action points for reducing risks, and engagement processes to assist with the transfer of natural hazard science and mitigation measures. They provide a valuable strategic tool for natural hazard management, however their potential influence and role is uncertain. IMPs are legislated under the RMA, and therefore have the potential to provide very strong guidance to users of IMPs. IMPs can contribute to the co-management and/or co-governance tools available to both iwi and local government by providing important guidance as to priorities, issues, actions, and engagement processes. The following research stages will review how councils and others use IMPs, to assess if they are being used to their full potential. Underpinning IMPs is mātauranga Māori; it is therefore essential that researchers, scientists, and council staff understand what mātauranga Māori is, and how the transfer of knowledge between iwi and others can benefit all those involved in natural hazard management, including Māori communities. IMPs provide an initial first step as an engagement tool with iwi. They may outline principles for engaging with their iwi; a process for engaging on policy development and resource consents; information requirements; the iwi s process for assessing proposals; and may stipulate a preferred method of contact. This report forms the first stage in a four-stage research programme: Stage 2 will investigate how natural hazards are incorporated into IMPs in the Bay Of Plenty region; Stage 3 will explore the relationship between IMPs, science translation, and council use of natural hazard information within IMPs; and Stage 4 will provide a summary discussion of the findings, and a potential alternative planning framework to strengthen the links between mātauranga Māori, IMPs, councils, and scientists/researchers. KEYWORDS Iwi management plan, mātauranga Māori, natural hazard, engagement, science, governance iv GNS Science Report 2017/30

8 1.0 INTRODUCTION This report forms the first stage in a four-stage research programme investigating the role of iwi management plans in natural hazard management (see Figure 1.1). Iwi management plans provide a valuable strategic tool for natural hazard management, however their potential influence and role within Council planning is uncertain. Stage 1 - Context Iwi Management Plans Legislative framework Governance Engagement Mātauranga Māori Stage 3 IMP/Science/ Council interface Explore the relationship between IMPs, science translation, and councils Stage 2 IMP Case Study Bay of Plenty Natural hazard context IMP content analysis Opportunities Challenges Stage 4 Summary discussion and recommendations Figure 1.1 Research programme investigating the role of iwi management plans in natural hazard management. Funded through the National Science Challenge Resilience to Natures Challenges Mātauranga Māori research theme, the aim of this Stage 1 report is provide context for the next stages of the overall research project. As such, this desk-top report will: Explain what an iwi management plan (IMP) is; Outline the legislative context for IMPs and natural hazard management; Offer an alternative planning framework that can be explored in the overall project Stages 2-4; GNS Science Report 2017/30 1

9 Briefly define the terms co-governance and co-management and resulting arrangements (including statutory acknowledgements), and if and how IMPs contribute to these arrangements; Discuss the role of IMPs as an engagement tool, including local government responsibilities to engagement with iwi; and Provide an overview of Mātauranga Māori (MM), and requirements for science researchers, and regional and local government to consider MM in undertaking their roles and functions. This provides the context for the Stage 3 component of the overall research project. Following this report, Stage 2 of the research project will involve a case study of IMPs in the Bay of Plenty region. It will identify the iwi management plans that include reference to, and understanding of, natural hazards; review and evaluate how those iwi management plans include natural hazards information to inform planning and policy; how well that information relates to the regional, district and CDEM group plans and vice versa; and any opportunities and barriers to the use of IMPs as a hazard management tool. Based on the Bay of Plenty outcomes, Stage 3 will explore the relationship between IMPs, the transfer of science knowledge into IMPs, and councils. The aim is to understand and improve the system of knowledge transfer (i.e. the way natural hazard information is collected, articulated, and explained), between IMPs, scientists, and councils, so that IMPs can more effectively inform policy and planning. From the findings of the previous stages, Stage 4 will test the hypothesis of an alternative planning framework that links mātauranga Māori, IMPs, science, and council responsibilities. It will present final recommendations made in the previous stages, including a recommended way forward for future research to improve and encourage the role of IMPs in natural hazard management. 2 GNS Science Report 2017/30

10 2.0 IWI MANAGEMENT PLANS An iwi management plan is a document developed and approved by iwi, iwi authority, rūnanga or hapū to address matters of resource management activity of significance within their respective rohe (region). IMPs are often more of a holistic document that will address more issues than just resource management matters. Often they are used to express the economic, social, political and cultural issues in addition to any environmental and resource management issues of an iwi or hapū. For resource management matters, the iwi management plan provides a framework for the sustainable management of natural and physical resources by providing goals and will typically include issues, objectives, tasks, actions, and indicators of environmental health (Nelson and Tipa 2012). The sustainable management of the resources will reflect the cultural and spiritual values and aspirations of each iwi or hapū. The plan can often detail how iwi and hapū expect to be involved in the management of resources within their district as well as outlining the expectations for engagement and participation in RMA processes. At the minimum the iwi management plan will identify the areas of interest to iwi and hapū preparing the plan, and will state the resource management issues of significance within that area (Quality Planning 2017a). IMPs typically commence with a clear statement of who the organisation/group/people are (e.g., tangata whenua, mana whenua), their whakapapa (ancestral lineage), and relationships to their values and natural resources describing their status/authority of a distinct geographic area (tribal rohe, whenua). Within these areas IMPs identify the values and issues that are important to each iwi or hapū group regarding the use of natural or physical resources in their rohe. The plans can contain information relating to specific cultural values, historical accounts, descriptions of areas of interest (hapū/iwi boundaries) and consultation and engagement protocols for resource consents and plan changes (Waikato Regional Council 2017); however, the content of the plans will depend on the priorities of the iwi preparing the plan (Quality Planning 2017a). These plans are taken into account by the council in the management of the region's natural resources, providing a formal way for iwi values and interests to be incorporated into the council's decision making (Waikato Regional Council 2017). Planning documents recognised by an iwi authority provide a mechanism in which iwi interests can be considered in the council processes. There are specific legislative requirements which place a duty on council staff to take these plans into account (see Section 3.2). In practice, local authorities must balance many competing interests, including iwi plans. The RMA establishes three criteria for iwi management plans to be taken into account when making plans under the RMA, they must be: 1. Recognised by an iwi authority; 2. Relevant to the resource management issues of the region/district; and 3. Lodged with the relevant council(s). Natural hazards are one of many issues which may be addressed in IMPs. As Figure 2.1 shows, the issues are varied, and often need to be prioritised. GNS Science Report 2017/30 3

11 Figure 2.1 Some of the many issues which can be addressed in IMPs (Bay of Plenty Regional Council n.d., p1) 4 GNS Science Report 2017/30

12 IMP s are valuable documents for councils, communities, and Māori. The importance of IMPs is well document by the Waikato Regional Council (Waikato Regional Council 2017), who outline benefits for councils of IMPs, provided in Figure 2.2: Iwi Management plans benefit councils by: identifying iwi of the region, their rohe, values and interests aiding decision-making providing a planning tool for engagement and partnerships outlining preferred methods of engagement identifying iwi/hapū are who may be affected by activities subject to resource consent applications. Iwi management plans assist the community by: enhancing understanding building community awareness helping resource consent applicants identify relevant matters for assessments of environment effects. And Iwi management plans assist Māori by: facilitating knowledge transfer and capturing mātauranga Māori providing a framework to articulate values, aspirations and issues identifying specific natural resources and/or sites of cultural significance ensuring iwi/hapū interests are recognised in the resource consent application process providing a template for others developing iwi planning documents. Figure 2.2 Benefits to Councils of IMPs (Waikato Regional Council 2017). IMPs provide an opportunity to include information on natural hazards, their preferred management options, action points for reducing risks, and engagement processes to assist with the transfer of natural hazard science and mitigation measures. GNS Science Report 2017/30 5

13 3.0 LEGISLATIVE CONTEXT FOR IWI MANAGEMENT PLANS 3.1 THE TREATY OF WAITANGI The Treaty of Waitangi provides for the exercise of Kāwanatanga, while actively protecting tino rangatiratanga of tangata whenua in respect of their natural, physical and spiritual resources. All persons acting under the RMA (including applicants, councils and tangata whenua) must take into account the principles of the Treaty of Waitangi (s8). Similar obligations are imposed on councils under the Local Government Act 2002 (LGA). The Environment Court has said that consultation, or the need to consult, arises from the principle of partnership in the Treaty of Waitangi; this requires the partners to act reasonably and to make informed decisions (Quality Planning 2017b). 3.2 RESOURCE MANAGEMENT ACT 1991 Part II of the RMA contains a number of specific provisions relating to tangata whenua that must be considered in RMA processes: Sections 6(e),6(f) and 6(g) require that "the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, Wāhi tapu, and other taonga", "the protection of historic heritage from inappropriate subdivision, use and development" and the protection of protected customary rights is recognised and provided for. Section 7(a) requires that all persons exercising functions and powers under the RMA shall have particular regard to kaitiakitanga. Section 8 requires that the principles of the Treaty of Waitangi are taken into account. In addition, there are several other general provisions in the RMA that need to be considered. (Appendix 1 provides a table of the key provisions in the RMA that recognise Māori interests in resource management). The RMA refers to any relevant planning document recognised by an Iwi Authority when taking matters into consideration in developing Regional Policy Statements, Plans and District Plans (s61,66,74). This provides quite a broad scope for a range of Iwi Planning documents to be considered. For example, some Iwi may have a range of planning documents such as Strategic Plans, Co-management Plans, Ecological Restoration Plans that may all be relevant to the RM issues of the district. Thinking about what an Iwi Management Plan might look like more broadly and recognising that all information on RM issues may not sit in one document can provide an opportunity for an iwi to prepare specific Planning Documents that address Natural Hazard issues and for those to be considered as part of the Schedule 1 RMA process to inform Regional and District Policy. In addition, Policy 2(e) of the New Zealand Coastal Policy Statement states: That in taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), and kaitiakitanga, in relation to the coastal environment: (e) take into account any relevant iwi resource management plan and any other relevant planning document recognised by the appropriate iwi authority or Hapū and lodged with the council, to the extent that its content has a bearing on resource management issues in the region or district; and 6 GNS Science Report 2017/30

14 (i) where appropriate incorporate references to, or material from, iwi resource management plans in regional policy statements and in plans; and (ii) consider providing practical assistance to iwi or hapū who have indicated a wish to develop iwi resource management plans. The term relevant planning document refers to an iwi management plan, but there is no formal definition in the RMA for an iwi management plan. The RMA was amended in 2003 and the reference to iwi management plans was strengthened to take into account any relevant planning document recognised by an iwi authority, and lodged with council, to the extent that its content has a bearing on resource management issues in the region. The change from have regard to take into account elevated the importance of iwi management plans under the RMA, and meant local authorities now have a duty to take into account an iwi management plan if one has been lodged with council (New Zealand Historic Places Trust Pouhere Taonga 2012). Figure 3.1 shows the influence hierarchy of plans under the RMA, from national level policy statements and standards, through to non-statutory planning tools. It shows the principles of the Treaty of Waitangi are overarching; and that IMPs are a statutory tool in line with regional policy statements that is, they are applicable at a regional planning level, as well as at district planning level, and to non-statutory planning tools as well. IMPs are also included at the nonstatutory level, as plans yet to be lodged with a council do not qualify as a statutory document; however, they still may exist. GNS Science Report 2017/30 7

15 Figure 3.1 The influence of iwi management plans under the Resource Management Act. As shown in Figure 3.1, IMPs have influence over a large sphere of planning tools. Due to the high level of national policy statements and standards, IMPs have the most influence on the policies and plans under the national level policies. The regional and district level plans must give effect to those national policies and statements Mana Whakahono-a-Rohe new iwi participation arrangements As part of the 2017 amendments to the Resource Management Act, iwi participation arrangements are now also referred to as Mana Whakahono-a-Rohe ( MWR ). MWR are mechanisms for iwi participation in local government RMA planning document development processes. They are written agreements between local government and iwi authorities to record how iwi authorities will participate in the preparation, change or review of a policy statement or plan. MWR are not limited to one iwi authority and one council, there can be more than one party to each side of the agreement. The purpose of MWR in the RMA is for councils and iwi authorities to agree and record how iwi will participate in the preparation, change or review of a policy statement or plan. An additional purpose included in the Act is that MWR will assist councils to comply with their statutory duties under the RMA, including the implementation of sections 6(e), 7(a) and 8 (Tapsell 2017). More broadly, MWRs also offer a good opportunity for 8 GNS Science Report 2017/30

16 Council and Iwi to agree how they work together, and the ability to streamline and regularly review and improve on those processes over time (s18a, s35(2)(ca) RMA). The RMA provides several guiding principles for the participating authorities that wish to initiate a MWR. Amongst other things, parties must use their best endeavours (Tapsell 2017): to enhance the opportunities for collaboration amongst all participating authorities; to work together in good faith and in the spirit of co-operation; to communicate with each other in an open, transparent and honest manner; to commit to meeting statutory time frames and minimise delays and costs for the process; and to recognise that MWR do not limit iwi participation legislation (a new defined term, which is discussed further below). All MWR must be in writing, and must record the participating authorities to the agreement. Furthermore, MWR must record an agreement made on: how an iwi will participate in the preparation or change of a policy statement or plan, including use of pre-notification, collaborative, or streamlined planning processes under Schedule 1 of the RMA; how the participating authorities will undertake consultation requirements under the RMA; how the participating authorities will work together to develop and agree on methods for monitoring the MWR ; how the parties will give effect to relevant iwi participation legislation; a process for conflict of interest; and a process for dispute resolution. A local authority must review all its policies and processes to ensure that they are consistent with any MWR that it enters. Furthermore, every six years from the signing of the agreement, or at any other time that the parties agree, the participating authorities must jointly review its effectiveness, having regard to the purpose of the MWR and the guiding principles set out above (Tapsell 2017). As part of the 2017 amendments to the RMA, provision has been made for iwi participation legislation. This is a new defined term under the Act, which is defined as: any legislation listed in Schedule 3 of the Treaty of Waitangi Act 1975 [a list of settlement legislation] which provides a role for iwi and hapū in the processes regulated by the RMA. The inclusion of this definition and its mention throughout the Act contemplates the place of MWR amongst other relationships for iwi participation, which have been established through settlement with the Crown for past historic breaches of the Treaty of Waitangi. For example, participating authorities must take account of the extent that resource management issues are covered in iwi participation legislation. It is envisaged that these new iwi participation arrangements will provide certainty over the role of iwi in the plan making process, and incentivize early engagement, which is already the current practice of many councils (Tapsell 2017). Further stages of this research will investigate the relationship between these new participation arrangements and the engagement processes outlined in IMPs. GNS Science Report 2017/30 9

17 3.3 LOCAL GOVERNMENT ACT 2002 The Local Government Act 2002 (LGA) contains a number of provisions that relate specifically to Māori. The LGA requires that, in order to recognise the Crown's responsibilities, councils must take appropriate account of the principles of the Treaty of Waitangi. The LGA sets out specific requirements for councils to facilitate participation by Māori in local authority decisionmaking processes. The LGA requires councils to consult with persons who may be affected by or have an interest in their decisions. Iwi authorities and other representatives of Māori interests must be consulted in relation to any decision or matter of interest to Māori (Quality Planning 2017b). There are some clear synergies between the consultation required with tangata whenua under the LGA and RMA. The LGA provisions require councils to establish and maintain processes to provide opportunities for Māori to be involved in local government decision-making. Subject to some limitations, Clause 3C of Schedule 1 of the RMA provides for plan and policy-making consultation to be undertaken as a part of consultation under another Act, such as the LGA. The period for such consultation under other Acts, that can be used for RMA plan and policy making purposes, is 36 months. This provides more opportunity to combine LGA and RMA consultation exercises (Quality Planning 2017b). 3.4 IWI MANAGEMENT PLANS AND NATURAL HAZARD MANAGEMENT The legal responsibilities for natural hazard management are spread across a number of statutes, as shown in Figure x and explained in Glavovic et al (2010). Recent changes to the RMA (i.e. April 2017), in particular Part 2, Section 6(h) Matters of National Importance, now includes the management of significant risks from natural hazards. Natural hazard risks must now be a key consideration at national, regional and district levels. It is now important that there is clear direction regional and district plans on how natural hazard risks should be addressed, particularly in relation to mātauranga Māori, so that appropriate consideration can be given when developing new policies or assessing resource consents. As this is a new provision in the RMA is a result of the RMA amendments, existing plans may not currently provide this. During subsequent reviews of district plans, there is an opportunity for IMPs to inform new policy. At present, no literature was found that discussed where IMPs fit into the tools available to help plan for, or manage, natural hazards. Figure 3.2 (adapted from Glavovic et al. 2010). Figure 3.2 indicates that IMPs could occur in two places: 1) as a non-statutory document, e.g. where a plan is yet to be lodged with a council, or the plan is an iwi-only planning document; and 2) at a regional level, aligned with regional policy statements (RPS). In this position, RPS s, regional plans, district plans, and other non-statutory planning tools must recognise and provide for the contents of the IMP. From a natural hazards perspective, there is also a link between IMPs and Civil Defence Emergency Management (CDEM) Group Plans, particularly in regards to reduction. 10 GNS Science Report 2017/30

18 Figure 3.2 Legislative tools available to manage natural hazards, with linkages shown. Of the statutes shown in Figure 3.2, there is no reference to iwi or MM in the Building Act (only in relation to Māori land); no reference in the CDEM Act; and only minor reference in the Local Government Official Information & Meetings Act (i.e. information can be withheld to avoid serious offence to tikanga Māori (s7)). The RMA and LGA responsibilities have been outlined in the previous subsections. This gap (and opportunity) to improve linkages between IMPs and CDEM Group Plans particularly around reduction will be explored in Stages 2-4 of the overall research project. GNS Science Report 2017/30 11

19 3.1 AN ALTERNATIVE PLANNING FRAMEWORK It has been realised that mātauranga Māori is sometimes included as an appendage in planning, and is generally misunderstood in a western planning and policy context (Harmsworth and Awatere 2013). Rather, a planning system should reflect the dual nature of knowledge, moving beyond the incorporation of mātauranga Māori into the dominant western planning system. There are many alternative frameworks available to assist with the reframing of natural hazard knowledge sharing, across a number of sectors - for example land, freshwater and marine (Scheele et al. 2016); health (Canterbury District Health Board 2017), and governance (Auckland Council 2017). One specific example is from Harmsworth & Awatere (2013), who provide an example of a knowledge sharing framework for ecosystem management. This has been amended for natural hazard management, and is provided in Figure 3.3. Figure 3.3 Proposal natural hazard planning framework based on the Treaty of Waitangi principles, showing the dual nature of knowledge (adapted from Harmsworth and Awatere 2013, p282). Similar to the Harmsworth and Awatere approach for ecosystem services, it is intended that natural hazard risk management can be located within a framework using a suite of tools based equally on mātauranga Māori and Western knowledge (as part of a pātaka or storehouse) to help inform Māori and non-māori resource managers. Using a co-planning approach, resource management planners can draw upon a range of planning frameworks, models, and tools based on the dual paradigms to help inform planning and policy. This approach (including Figure 3.3), will form the basis of the following stages of this research (i.e. Stage 2, 3 and 4). Regardless of which framework, part of involving Māori in the planning process involves understanding what the Māori world views are, and their approach to environmental planning and resource management. Iwi management plans have become the key tool for facilitating involvement of Māori in resource management as they are able to present particular attitudes, 12 GNS Science Report 2017/30

20 values and beliefs, as well as introducing Mātauranga Māori into resource management and planning (Harmsworth 2005). However, there is no procedure set out in the RMA for producing such plans. This contrasts with the extensive procedures for producing regional and district plans and policy statements. Following stages of this research (i.e. Stages 3 and 4) will test different knowledge sharing frameworks for natural hazard and risk information. GNS Science Report 2017/30 13

21 4.0 CO-GOVERNANCE ARRANGEMENTS In resource management the terms co-governance, co-management and co-planning are used to describe negotiated arrangements between iwi, central government, local government, and/or local groups to achieve effective management of an environmental or conservation resource. These terms are sometimes used interchangeably because their definitions are poorly understood. Governance focuses on strategic matters, while management is concerned with day-to-day operational responsibilities. When used correctly, the terms can describe the extent of decision-making powers (Auditor General 2016). Within the context of freshwater management, Harmsworth et al (2015, p1) and Robb et al (2015, p13) propose the following explanation of these terms, to avoid confusion about the role of Māori, and the expectations of Māori groups and councils: Co-governance: Formal arrangement to share decision-making. In terms of iwi/hapū and the Crown this should be based on the Treaty of Waitangi. Through principles and collaborative guidelines, the Treaty provides the basis for meaningful ongoing relationships. Co-governance agreements between iwi/hapū and the Crown are essential early on in the collaborative process. Co-planning: Planning together under co-governance agreements. A shared process where iwi/hapū/tangata whenua interests and values, and the use and understanding of mātauranga Māori are incorporated into local or regional planning, including the development of policies, goals and objectives in council, regional and district plans, and/or urban design. Co-management: Actions and responsibilities implemented jointly by the parties. Deciding how a desired goal, objective or outcome is best achieved (e.g. catchment, wetland, and farm plans, consents, riparian planting, river clean-ups, restoration, etc.). Iwi/hapū groups work together with partner agencies. While taken from a freshwater perspective, the explanations are also applicable for natural hazard management. From a Māori perspective, these three steps (represented in Figure 4.1), make up the key steps in a collaborative process, which aim to achieve desired and mutually agreed outcomes (Harmsworth et al 2015). Figure 4.1 Key components of a collaborative process applicable to natural hazard planning and policy making (Harmsworth et al (2015, p2); Robb et al (2015, p13). Where natural resources are managed as part of or after a Treaty settlement, co-governance often means that there are equal numbers of iwi representatives and council members involved. Usually (an exception is the Waikato River Authority), councils retain final decision- 14 GNS Science Report 2017/30

22 making powers over the management of natural resources. This is in keeping with councils responsibilities under the Resource Management Act 1991 and the Local Government Act 2002 (Auditor General 2016). An IMP can contribute to the co-management and/or co-governance tools available to both iwi and local government by providing important guidance as to priorities, issues, actions, and engagement processes. 4.1 STATUTORY ACKNOWLEDGMENTS A statutory acknowledgement is the means by which the Crown has formally acknowledged the statements made by Iwi of their cultural, spiritual, historical, and traditional association with a statutory area. Often made as part of Treaty settlements, statutory acknowledgements may apply to land, rivers, lakes, wetlands, landscape features, or a particular part of the coastal marine area. Where a statutory acknowledgement relates to a river, lake, wetland, or coastal area, the acknowledgement only applies to that part of the bed in Crown Ownership or control (e.g. Raukawa Chartiable Trust 2015; Tau et al. 1992). The purpose of statutory acknowledgements is to: Require consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgements. Require consent authorities to forward summaries of resource consent applications for activities that would affect the area to which the statutory acknowledgements apply to that governance entity. Enable the governance entity and any member of the relevant iwi to cite a statutory acknowledgement as evidence of the association of the iwi with the areas to which the statutory acknowledgement relates. Iwi management plans can provide guidance on how to local authorities can have regard to statutory acknowledgements, and include spatial plans showing the location of areas subject to the acknowledgement. GNS Science Report 2017/30 15

23 5.0 IWI MANAGEMENT PLANS AS AN ENGAGEMENT TOOL The relationship between local authorities and Māori can be diverse, and often begins at different starting points. Each group brings a diverse set of values and unique understandings of the world to the table. It is the different perspectives and aspirations each group holds that can make it difficult for the other groups to understand each other s needs. Additionally, each group also has access to different sets of resources, capabilities, and ways of implementing policies. As such, the diversity between Local Government and Māori groups makes it difficult to establish one set way of engaging with each other. Rather, there are likely to be many ways of engaging that will need to reflect the capability and resources of each group. Councils have a statutory obligation to engage with Māori under various pieces of legislation, and to recognise the Treaty of Waitangi. A side from these requirements there is an understanding that early and meaningful engagement with one another can result in more informed decision-making and better quality outcomes for all parties. There are a number of statutes that place a responsibility on local authorities to consult with Māori, recognise cultural values, or give effect to the Treaty. The two most significant pieces of legislation that impact on council activities are the RMA and the Local Government Act 2002 (LGA), which are discussed further below. IMP s can provide a useful first step in engaging with iwi. For example, they may outline principles for engaging with their iwi; a process for engaging on policy development and resource consents; information requirements; the iwi s process for assessing proposals. They may also stipulate a preferred method of contact (e.g. Raukawa Chartiable Trust 2015). The remainder of this section will outline the RMA and LGA provisions and expectations for local authorities when engaging with Māori. 5.1 RESOURCE MANAGEMENT ACT The RMA requires councils to consult with iwi authorities when developing or changing resource management related plans and on resource consents issues if an iwi authority may be adversely affected. Part II of the RMA contains the specific provisions that relate to Māori, and that must be considered in the planning process: - Section 6(e),6(f), and 6(g) that require the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga, protection of historic heritage from inappropriate subdivision, use, and development, and protection of protected customary rights are recognised and provided for. - Section 7(a) particular regard to kaitiakitanga. - Section 8 requires the principles of the Treaty of Waitangi to be taken into account. - Numerous sections in Schedule 1 Preparation, change and review of policy statements and plans (see Appendix 1). - Schedule 4 section 7(a) and (d) requires the consideration of cultural effects, spiritual and cultural values as part of an Assessment of Environmental Effects. These RMA provisions sit alongside other provisions, including the requirement to take into account any iwi planning documents. There are different requirements for consultation under the RMA for resource consents, notices of requirements, and plan development it can 16 GNS Science Report 2017/30

24 therefore be difficult for a planner to understand effects and other implications without consulting iwi. The RMA provides for participation of iwi, hapū, and tangata whenua as kaitiaki. Under section 35A(2) of the RMA, the crown must provide information to each local authority on iwi authorities and groups who represent hapū for the purposes of the RMA. Section 35A (2)(b) states that each local authority must include in its records all the information provided to it by the Crown. Section 36A of the RMA states that there is no duty to consult with any person about a resource consent application or notice of requirement. This provision applies to both the applicant and the local authorities. However, for some resource consent applications and notices of requirements, consultation with Māori will be an important role in assessing the effects on Māori cultural values and other matters that are set out in Part II of the Act. In the First Schedule of the RMA, under clause 3B the process for consulting with iwi authorities has been established. Consultation with Māori is mandatory when developing plans and policy statements (Quality Planning n.d.). This process has been based on a number of principles in order to achieve good consultation outcomes, and not on a check box methodology. 5.2 LOCAL GOVERNMENT ACT Local government undertakes a number of activities that require the interaction and communication with Māori. Engagement involves a number of activities and occurs across a spectrum for low to high involvement, including: Information sharing Consultation Joint action Shared decision-making Co-management The LGA contains explicit recognition for the Treaty of Waitangi, which requires local authorities to recognise and respect the Crown s responsibility to take into account the principles of the Treaty. The LGA outlines the requirements for local authorities to facilitate participation with Māori in local authority decision-making. Iwi authorities and other representatives must be consulted with in relation to any decision or matter of interest to Māori. The LGA includes requirements for councils to: Ensure they provide the opportunity for Māori to contribute in the decision-making processes; To establish and maintain the processes for Māori to the decision-making process; Consider ways to foster the development of Māori capacity to contribute to the decision making process; Provide relevant information to Māori; and Take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga. The LGA charges local authorities with the responsibility to be informed about how their decision-making processes can impact on Māori community well-being. Māori are not defined in the LGA, nor does the LGA direct council toward dealing with any particular Māori groups. GNS Science Report 2017/30 17

25 This means that participation in decision making under the LGA may involve a wide range of groups and individuals beyond those affiliated with iwi or hapū groups. 18 GNS Science Report 2017/30

26 6.0 MĀTAURANGA MĀORI In its simplest form, mātauranga is translated as knowledge, wisdom, and/or understanding (Te Aka Online Maori Dictionary). A key aspect of IMPs is to facilitate knowledge transfer and capture mātauranga Māori (Waikato Regional Council, 2017). The link between MM, IMPs and the science information transfer process will be explored in Stages 3-4 of the overall research project. 6.1 IN SCIENCE AND RESEARCH There is no requirement in the Crown Research Institutes (CRI) Act 1992 to engage or involve in with Māori in any research. Notwithstanding this lack of requirement, CRI s do engage with iwi, and include mātauranga Māori where possible, which is encouraged by the Ministry of Business, Innovation and Employment (MBIE). According to MBIE, mātauranga Māori is: [the] distinctive knowledge traditionally held within Māori communities has developed in New Zealand over at least 600 years. Brought here by Polynesian ancestors, this oral-based knowledge responded to life in these islands. It changed during encounters with European in the 19th and 20th centuries when colonisation endangered Mātauranga Māori in many substantial ways. However, all was not lost. Mōrehu (remnants) of Mātauranga Māori notably the Māori language remain today and are catalysing a new creativity in Māori communities and beyond. Scientific knowledge has superseded traditional Māori knowledge in many ways, however, Mātauranga Māori contains suggestions and ideas that may yet make a contribution to RS&T (Ministry of Research Science & Technology 2007, p16). In addition, Vision Mātauranga is a New Zealand government science policy framework whose mission is to unlock the science and innovation potential of Māori knowledge, resources and people for the benefit of all New Zealanders (National Science Challenge 2017). Vision Mātauranga: Unlocking the Innovation Potential of Māori Knowledge, Resources and People is a policy framework that was implemented into Vote Research, Science and Technology in July It was developed by the Ministry for Research, Science and Technology (now MBIE), in consultation with research funders, researchers and research users including Māori communities. The framework is designed to assist research funders, researchers and research users when they consider research of relevance to Māori particularly its distinctive aspects and how this might be supported through Vote Research, Science and Technology. This policy framework is important as it guides research investment decisions. The mission statement is: To unlock the innovation potential of Māori knowledge, resources and people to assist New Zealanders to create a better future (Ministry of Research Science & Technology, 2007, p4). This is supported by four themes, one of which is Mātauranga: Exploring Indigenous Knowledge and RS&T. This exploratory theme aims to develop a body of knowledge, as a contribution to RS&T, at the interface between indigenous knowledge including Mātauranga Māori and RS&T (Ministry of Research Science & Technology 2007). This theme is relevant for this research as it makes the link between mātauranga Māori and science; its contribution to research and science at this interface. While not explicit in the theme, it should also explore how indigenous knowledge can inform research and science, i.e. the knowledge should be shared both ways between scientists and iwi, not just iwi inputting into science. GNS Science Report 2017/30 19

27 The purpose of this theme is: To discover the distinctive contribution that indigenous knowledge can make to RS&T particularly its potential to create knowledge and help develop inventive and entrepreneurial people (Ministry of Research Science & Technology, 2007, p16). This is followed by the objective: To develop a distinctive body of knowledge at the interface between indigenous knowledge and RS&T that can be applied to aspects of RS&T. This theme will explore ways to accelerate the creation of knowledge and the development of people, learning, systems and networks (Ministry of Research Science & Technology, 2007, p16). Science therefore has a role to play in contributing to the interface between Māori knowledge and research. As such, any research proposal to MBIE funding has a requirement to explain the relationship of the proposal to mātauranga Māori. 6.2 IN REGIONAL AND LOCAL GOVERNMENT As well other legislative responsibilities, the Local Government Act 2002 (LGA) requires councils to consider and promote the current and future well-being of communities. It also provides opportunities for engagement and co-operation between councils and Māori. Councils have legislative obligations to provide for the role of tangata whenua as Kaitiaki in its processes and practices. National Policy Statements (i.e. Freshwater and Coastal) give clear directions about the importance of Māori values and interests. These Māori values are underpinned by mātauranga Māori (McDonald 2016) Case study: Bay Of Plenty Regional Council In 2015 the BOPRC, through the Long Term Plan process, gained two-year funding to develop and implement a Mātauranga Māori Framework. The purpose of the project was to develop a framework capable of recognising, receiving, recording, and utilising mātauranga Māori to inform Council decision making (McDonald 2016). The high level framework will include key principles and objectives to guide Council and staff to better understand and apply mātauranga in Council planning and processes. It will provide direction and enable better quality decision making, and demonstrate commitment to meeting legislative obligations and promote best practice (McDonald 2016). The framework is provided in Appendix 2. This initiative will be investigated further in Stages 2 and 3 of the overall research project. 20 GNS Science Report 2017/30

28 7.0 SUMMARY The purpose of this report is to set the context for further research investigating the role of iwi management plans in natural hazard management. IMPs provide an opportunity to include information on natural hazards, their preferred management options, action points for reducing risks, and engagement processes to assist with the transfer of natural hazard science and mitigation measures. They provide a valuable strategic tool for natural hazard management, however their potential influence and role is uncertain. IMPs are legislated under the RMA, and therefore have the potential to provide very strong guidance to users of IMPs. IMPs can contribute to the co-management and/or co-governance tools available to both iwi and local government by providing important guidance as to priorities, issues, actions, and engagement processes. The following research stages will review how councils and others use IMPs, to assess if they are being used to their full potential. Underpinning IMPs is mātauranga Māori; it is therefore essential that researchers, scientists, and council staff understand what mātauranga Māori is, and how the transfer of knowledge between iwi and others can benefit all those involved in natural hazard management, including Māori communities. IMPs provide an initial first step as an engagement tool with iwi. They may outline principles for engaging with their iwi; a process for engaging on policy development and resource consents; information requirements; the iwi s process for assessing proposals; and may stipulate a preferred method of contact. As part of further stages of research, this engagement aspect of IMPs will be assessed, particularly in relation to the transfer of natural hazard knowledge between iwi and scientists/researchers. This report forms the first stage in a four-stage research programme: Stage 2 will investigate how natural hazards are incorporated into IMPs in the Bay Of Plenty region; Stage 3 will explore the relationship between IMPs, science translation, and council use of natural hazard information within IMPs; and Stage 4 will provide a summary discussion of the findings, and a potential alternative planning framework to strengthen the links between mātauranga Māori, IMPs, councils, and scientists/researchers. GNS Science Report 2017/30 21

29 8.0 ACKNOWLEDGEMENTS This research was only possible with funding from the National Science Challenge Resilience to Nature s Challenges Mātauranga Māori and Governance research programmes; and the Natural Hazard Research Platform Societal Impact of Hazards Policy and Planning task. Jonathan Proctor of Massey University, lead of the Mātauranga Māori research programme; and Vivienne Ivory, Opus Research, lead of the Governance research programme, both provided support which was appreciated. Particular thanks to all those who helped review this report: Bevan Hunter and Maureen Coomer from GNS Science; Garth Harmsworth of Landcare Research, who also provided great support and mentoring; three Māori planners/practitioners: James Whetu of Whetu Consultancy Group, Jade Wikaira of Boffa Miskell, and Jacky Bartley of Bartley Planning Ltd. Your valuable feedback has made this report even better. 22 GNS Science Report 2017/30

30 9.0 REFERENCES Auckland Council 2017: A plan for all Aucklanders: Te Tiriti o Waitangi - The Treaty of Waitangi. [accessed July]. Auditor General Principles for effectively co-governing natural resources. Wellington: Auditor General New Zealand. 68. Bay of Plenty Regional Council. n.d. Using iwi and hapu resource management plans in our work. In: Bay of Plenty Regional Council, editor.: Bay of Plenty Regional Council. p. 4. Canterbury Maori Health Framework Canterbury District Health Board; [accessed July 2017]. Framework/Pages/default.aspx. Glavovic B, Saunders WSA, Becker JS Land-use planning for natural hazards in New Zealand: the setting, barriers, 'burning issues' and priority actions. Natural Hazards. 54(3): Harmsworth G, Awatere S, Robb M Māori values and perspectives to inform collaborative processes and planning for freshwater management. Policy brief No. 14. Palmerston North: Landcare Research. Harmsworth GR Good practice guidelines for working with tangata whenua and Maori organisations: consolidating our learning. Palmerston North: Landcare Research. (Landcare Research Report LC0405/091. Harmsworth GR, Awatere S Indigenous maori knowledge and perspectives of ecosystems. In: Dymond JR, editor. Ecosystem services in New Zealand - conditions and trends. Lincoln: Manaaki Whenua Press. p McDonald M Toi Moana Matauranga Maori Framework Project Update. In: Bay of Plenty Regional Council, editor. Komiti Maori Agenda and Minutes, 31 August Bay of Plenty Regional Council. p Ministry of Research Science & Technology Vision Matauranga: Unlocking the innovative potential of Maori knowledge, resources and people. Wellington: Ministry of Research, Science & Technology. 28. Matauranga Maori Resilience to Nature's Challenges; [accessed May]. Nelson K, Tipa G Cultural indicators, monitoring frameworks and assessment tools. Christchurch: Tipa & Associates. New Zealand Historic Places Trust Pouhere Taonga Iwi management plans: A guide for Māori working in resource management and planning. Quality Planning 2017a; Consent support guidance note: FAQ's about Iwi Management Plans. [accessed May]. Quality Planning. 2017b Treaty of Waitangi obligations. [accessed May]. treaty-of-waitangi-obligations. Raukawa Charitable Trust Te Rautaki Taiao a Raukawa: Raukawa Environmental Management Plan Tokoroa: Raukawa Charitable Trust 244. GNS Science Report 2017/30 23

31 Robb M, Harmsworth G, Awatere S Māori Values and Perspectives to Inform Collaborative Processes and Planning for Freshwater Management. Palmerston North: Landcare Research. Landcare Research Contract Report No. LC2119. Scheele S, Carswell F, Harmsworth G, Lyver P, Awatere S, Robb M, Taura Y, Wilson S Reporting environmental impacts to Te Ao Maori: a strategic scoping document. Lincoln: Landcare Research. Tapsell, A Mana Whakahono-a-Rohe: Iwi participation arrangements [accessed May 2017]. Kensington Swan Lawyers; Events/Newsflashes/A-1st-XI-of-New-Zealand-insolvency-cases-in-20-(1).aspx Tau TM, Goodall A, Palmer D, Tau R Te Whakatau Kaupapa: Ngai Tahu Resource Management Strategy for the Canterbury Region. Ngai Tahu Te Aka Online Maori Dictionary. [accessed May]. Waikato Regional Council; Iwi management plans [accessed May]. Management-Plans/. 24 GNS Science Report 2017/30

32 APPENDICES

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34 A1.0 PROVISIONS IN RMA PROVIDING FOR MĀORI INTERESTS IN RESOURCE MANAGEMENT Below are the key provisions in the RMA that recognise Māori interests in resource management. Part Section Provision Part 2: Purpose and Principles 5 (2) Sustainable management means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety 6 In achieving the purpose of the RMA, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (e)... the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga. (f) the protection of historic heritage (as defined in s2 to include sites of significance to Māori, including wāhi tapu) from inappropriate subdivision, use and development. (g) the protection of protected customary rights 7(a) In achieving the purpose of the RMA, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall have particular regard to kaitiakitanga 8 In achieving the purpose of the RMA, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) Part 3: Duties and Restrictions under this Act 14(3)(c) Restrictions relating to water: a person is not prohibited from taking, using, damming or diverting any water, heat or energy if - in the case of geothermal water, the water, heat or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment Part 4: Functions, Powers, and Duties of Central and Local Government 33 1) A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section. (2) For the purposes of this section, public authority includes any local authority, iwi authority, government department, statutory authority, joint committee set up for the purposes of section 80, and local board (within the meaning of section 4(1) of the Local Government (Auckland Council) Act 2009) 34 (1) A local authority may delegate to any committee of the local authority established under the LGA 2002 any of its functions, powers or duties under this Act GNS Science Report 2017/30 27

35 35A 36B(1)(b)(i) 39(2)(b) Local authorities must keep and maintain, for each iwi and hapū within its region or district, a record of: The contact details of each iwi authority and group that represents hapū for RMA purposes. Any planning documents 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. Section 35A (2)(a) states that the Crown must provide local authorities with information on iwi authorities within the region or district, groups that represent hapū for RMA purposes, and the areas over which one or more iwi or hapū exercise kaitiakitanga. The Crown provides this information via Te Puni Kōkiri at A local authority that wants to enter into a joint management agreement with an iwi authority or group that represents hapū for the purposes of the RMA to exercise a function, power or duty jointly with the local authority must ensure that the iwi authority or group represents the relevant community of interest and has the technical or special capability or expertise to perform or exercise the function, power, or duty In relation to hearings, in determining an appropriate procedure, a local authority, a consent authority, or a person given authority to conduct hearings shall recognise tikanga Māori where appropriate, and receive evidence written or spoken in Māori and the Māori Language Act 1987 shall apply accordingly 42 A local authority may make an order for a resource consent hearing to exclude the public or restrict the publication or communication of any information supplied to avoid serious offence to tikanga Māori, or to avoid the disclosure of the location of wāhi tapu (protection of sensitive information) Part 5: Standards, Policy Statements, and Plans 44(2) The Minister for the Environment must not recommend to the Governor- General the making of any national environmental standards unless: The Minister has notified the public and iwi authorities of the proposed standard and the reasons for considering that standard is consistent with the purpose of the Act; and Established a process that gives adequate time and opportunity to comment on the proposal, and prepared and publicly notified a report and recommendations on those comments received 45(2)(h) 46(a) 58(b) In determining whether it is desirable to prepare a national policy statement, the Minister for the Environment may have regard to anything which is significant in terms of s8 (Treaty of Waitangi) If the Minister considers it desirable to issue a national policy statement, the Minister must seek and consider comments from the relevant iwi authorities A New Zealand coastal policy statement, prepared and recommended by the Minister of Conservation, may state policies about the protection of the characteristics of the coastal environment of special value to the 28 GNS Science Report 2017/30

36 tangata whenua, including wāhi tapu, tauranga waka, mahinga mātaitai and taonga raranga 58M 58N 58O 58P 58Q 58R 58S 58T 58U 61(2)(a)(ii) 61(2A)(a) 61(2A)(b) 62(1)(b) 65(3)(e) The purpose of a Mana Whakahono a Rohe is (a) to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decisionmaking processes under this Act; and (b) to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e), 7(a), and 8. Guiding principles when initiating, developing and implementing Mana Whakahono a Rohe ((a) to (h)). Initiation of Mana Whakahono a Rohe (1) invitation from 1 or more iwi authorities; (2) to (6) Obligations of local authorities that receive invitation; (7) to (9) Other matters relevant to Mana Whakahono a Rohe. Other opportunities to initiate Mana Whakahono a Rohe Time frame for concluding Mana Whakahono a Rohe Contents of Mana Whakahono a Rohe Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe Review and monitoring Relationship with iwi participation legislation - Mana Whakahono a Rohe does not limit any relevant provision of any iwi participation legislation or any agreement under that legislation. When preparing or changing a regional policy statement, the regional council shall have regard to any regulations relating to ensuring sustainability, or the conservation, management or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mātaitai or other non-commercial Māori customary fishing) When preparing or changing a regional policy statement, the regional council must take into account any relevant planning document recognised by an iwi authority and lodged with the council, to the extent that its content has a bearing on resource management issues of the region When preparing or changing a regional policy statement, the regional council must recognise and provide for matters set out in planning documents prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, to the extent that they relate to the relevant customary marine title area, and take into account those matters that relate to a part of the common marine and coastal area outside of the customary marine title area A regional policy statement must state the resource management issues of significance to iwi authorities in the region Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any significant concerns of tangata GNS Science Report 2017/30 29

37 whenua for their cultural heritage in relation to natural and physical resources arise or are likely to arise Part 6: Resource Consents 66(2)(c)(ii) 66(2A)(a) 66(2A)(b) 74(2)(b)(ii) 74(2A) 85A 95E(2)(c) When preparing or changing any regional plan, the regional council shall have regard to any regulations relating to ensuring sustainability, or the conservation, management or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mātaitai or other non-commercial Māori customary fishing When preparing or changing a regional plan, the regional council must take into account any relevant planning document recognised by an iwi authority and lodged with the council, to the extent that its content has a bearing on resource management issues of the region When preparing or changing a regional plan, the regional council must recognise and provide for the matters set out in planning documents prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, to the extent that they relate to the relevant customary marine title area, and take into account those matters that relate to a part of the common marine and coastal area outside of the customary marine title area When preparing or changing a district plan, a territorial authority shall have regard to any regulations relating to ensuring sustainability, or the conservation, management or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mātaitai or other non-commercial Māori customary fishing When preparing or changing a district plan, a territorial authority must take into account any relevant planning document recognised by an iwi authority and lodged with the council, to the extent that its content has a bearing on resource management issues of the region A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011 In determining affected party status, the consent authority must have regard to relevant statutory acknowledgements as set out in Schedule A consent authority's consideration of an application for a resource consent and any submissions received is subject to Part 2 of the RMA Part 6AA: Proposals of National Significance 104(1)(c) 142(3)(a)(vii) A consent authority s consideration of an application for resource consent and any submissions received must have regard to any other matter the consent authority considers relevant and reasonably necessary to determine the application In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter is or is likely to be significant in terms of section 8 30 GNS Science Report 2017/30

38 Part 7: Coastal Tendering 154 The Minister shall cause a notice the making of an Order in Council (as per s152) and its effect to be served on the tangata whenua of that region, through iwi authorities Part 7A: Occupation of common marine and coastal area Part 8: Designations and heritage orders Part 9: Water conservation orders Part 11: Environment Court 165E(2)(b) 165K 165N(5) 165W 189(1)(a) 199(2)(b)(v) 199(2)(c) 253(e) A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only after consultation with iwi in the region The Governor-General, on the recommendation of the Minister, as the power to give direction to a regional council regarding allocations of authorisations for coastal space as provided for in a regional coastal plan or proposed coastal plan, in order to: Preserve the ability of the Crown to give effect to its obligations under any agreement in principle of deed of settlement between the Crown and Māori To assist the Crown to comply with obligations under the Māori Commercial Aquaculture Claims Settlement Act 2004 In approving the use of an allocation method for the occupation of space in the common marine and coastal area under s165l(2), the Minister must have regard to: The ability of the Crown to give effect to its obligations under any agreement in principle of deed of settlement between the Crown and Māori The ability of the Crown to comply with obligations under the Māori Commercial Aquaculture Claims Settlement Act 2004 In conducting a tender of authorisations under Part 7 of the Act, a regional council must give effect to any preferential rights of iwi, as conferred under the Settlement Acts listed in 165W(2), to purchase a proportion of the authorisations A heritage protection authority (as per section 187) may require a heritage order to protect any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons. The heritage order can include an area of land surrounding a place as is reasonably necessary for the purpose of ensuring the protection and enjoyment of a place A water conservation order can provide for the protection of characteristics which any water body has or contributes to, and which are considered to be outstanding, for recreational, historical, spiritual or cultural purposes A water conservation order can provide for the protection of characteristics which any water body has or contributes to, and which are considered to be of outstanding significance in accordance with tikanga Māori. When considering whether a person is suitable to be appointed as an Environment Commissioner, regard shall be had to the need to ensure that the court possesses a mix of knowledge and experience, including GNS Science Report 2017/30 31

39 knowledge and experience in matters relating to the Treaty of Waitangi and kaupapa Māori 269(3) The Environment Court shall recognise tikanga Māori where appropriate Schedule 1 cl 2(2) A proposed regional coastal plan shall be prepared by the regional council concerned in consultation with the Minister of Conservation and: Iwi authorities of the region, and Any customary marine title group in the region cl 3(1) cl 3B cl 5(4)(f) cl 20(4)(f) &(g) During the preparation of a proposed policy statement or plan, the local authority concerned shall consult: The tangata whenua of the area through iwi authorities, and Any customary marine title group in the area. A local authority is to be treated as having consulted with iwi authorities in the preparation of a proposed policy statement or plan if it has done all of the following: Considered ways in which to foster the development of the capacity of iwi authorities to respond to an invitation to consult Established and maintained processes to provide opportunities for those iwi authorities to consult Consulted Enabled iwi authorities to identify resource management issues of concern to them Indicated how those issues have been, or are to be addressed. (Iwi authorities are those whose details are recorded under section 35A) A local authority shall provide one copy of its proposed policy statement or plan, without charge, to the tangata whenus of the area, through iwi authorities The local authority shall provide one copy of its operative policy statement or plan without charge to: The tangata whenua of the area, through iwi authorities Schedule 4 1A An assessment of effects on the environment for the purposes of s88 must include, where an activity may or is likely to have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the proposed activity (unless written approval is provided by the protected customary rights group) 2 Any person preparing an assessment of effects on the environment should consider the following matters: Any effect on those in the neighbourhood and, here relevant, the wider community including any socio-economic and cultural effects Any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual or cultural, or other special value for present or future generations Schedule 11 Schedule 11 provides a list of Settlement Acts that contain statutory acknowledgements 32 GNS Science Report 2017/30

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