160. There are many examples of iwi participating successfully in resource management processes. However, engagement is inconsistent across the country, and the effectiveness of existing relationships between iwi and councils varies. In some regions, poor working relationships have meant that Māori have not been engaged with resource management processes. The lack of any requirement to establish effective working relationships with iwi often leads to increased disagreement (and litigation) later in the planningprocess.
161. Iwi participation, and transparency over how Māori interests in the resource management system are considered, can be enhancedby:
· requiring councils to invite iwi to form iwi participationarrangements
· enhancing consultationrequirements
· enhancing participation in decisionmaking
162. Under this proposal, councils will be required to invite iwi to form an iwi participation arrangement. The iwi participation arrangement will detail how the iwi and the council will work together through the planning process. The iwi participation arrangement will set out the agreed processes for the way in which parties will give effect to Treaty settlement legislation provisions and the way in which iwi authorities can identify resource management issues of concern. If iwi do not respond within a specified timeframe, the council is not required to suspend the preparation of the policy statement or plan, or any other part of the plan making process (as prescribed under Schedule 1 of theRMA).
163. The council must comply with the processes agreed to under the arrangement when preparing their plans under Schedule1.
164. Additionally, the following changes to the RMA will increase consultation requirements with iwi on plan makingprocesses:
· require councils to invite iwi to participate in planning processes, as part of an iwi participationarrangement
· require councils to provide a relevant draft policy statement or plan to iwi authorities for comment andadvice
· require councils to have particular regard to any advice received on the draft plan, and to allow adequate time and opportunity for the iwi authorities to consider and provide advice;
· require councils to summarise all advice received by iwi authorities and outline their response in section 32reports
· require councils to consult tangata whenua if it is appropriate to appoint a commissioner with understanding of tikanga Māori and of the perspectives of local iwi orhapū.
165. Membership of the collaborative group must include representatives of tangata whenua (in recognition of the Crown’s partnership obligations under the Treaty of Waitangi) and iwi are to be consulted on the draft plans (unless an applicable iwi participation arrangement provides otherwise). Further, at least one member, who has an understanding of tikanga Māori and the perspective of tangata whenua, must be appointed to the review panel which makes recommendations tocouncil.
166. The proposed Streamlined Planning Process also provides that in preparing an application, councils would need to consider any implications of streamlined process on iwi participation arrangements and Treaty settlement legislation and the Minister’s decision could not be inconsistent with any requirements of any Treaty settlement legislation or iwi participation arrangement.
167. It is noted that Treaty settlements will explicitly be referred to and prevail over any changes to the RMA. Where iwi have agreed a role in the planning process that is greater than what will be provided for in the RMA, those obligations will bemaintained.
168. 83% of local authorities currently already have some form of structured arrangement with Māori. The arrangements vary between Memorandum of Understandings (MOUs), joint committees, advisory boards, and forums.4 However, implementing the proposal may incur additional costs. These costs will vary across different councils, and will depend on scale, scope and complexity of the arrangements. Costs will generally be short term (3-4 years), but for meaningful relationship building and outcomes, ongoing maintenance isrequired.5
169. There may also be initial (voluntary) costs for Māori from greater participation in the resource management system. These costs may be greater for Māori with limited planning experience from investing in capacity and capability to engage effectively in the amended planning process. There would also be upfront costs for iwi authorities (eg, to execute the arrangement and fund administrative costs) but this could result improved efficiencies and potential cost sharing in the longterm.
170. It is difficult to calculate the impacts of greater iwi participation in resource management issues due to a lack of robust data; however a study found benefits outweigh costs in all scenarios and for all components.6 Māori will have a stronger voice and Māori perspectives will be better reflected in council planning documents. Application of Treaty-based relationships to the local government arena would also benefit Māori over time. Moreover, the gain to society (as opposed to Māori specifically) from further Māori involvement in planning processes is estimated to be over four times greater than thecosts.
Provide non-statutory guidance on engaging with iwi in the plan developmentprocess
171. The provision of non-statutory guidance to both local authorities and iwi on how they can and should engage with each other during the early stages of the plan development process could encourage local authorities and iwi to develop processes for working with each other. The cost implications on both iwi and local councils could potentially be less than the preferred approach depending on what processes (if any) the local councils and iwi establish to provide iwi with a greater participation role in plan developmentprocesses.
172. However, without statutory weighting and the imposition of direct obligations on local authorities to engage with iwi there is no guarantee that councils and iwi would formulate processes to ensure that iwi had greater opportunities to participate in the early stages of the RMA planning process. There is a risk that such guidance will not achieve the objective of enhancing iwi participation in the plan makingprocess.
173. The proposal is the preferred option as it provides greater legislative weight to councils’ collaborative processes withiwi.
174. This will enable robust plan making under the RMA, taking into account iwi values and interests early on in the planning process, and thereby reduce litigation costs and lengthy delays at the end of the plan makingprocess.
175. We consider that this proposal will have a significant impact on encouraging higher value participation and iwi engagement in resource management processes, leading to more robust and durable planningdecisions.
4 Ministry for the Environment, 2014. Resource Management Plans Database. Unpublisheddata.
5 Te Puni Kōkiri, 2013. Kaitiaki Survey – Results Report. Unpublisheddraft.
6 NZIER, 2011. Māori participation in theRMA.
http://tepuna.mfe.govt.nz/otcs/cs.dll?func=ll&objaction=overview&objid=3720667
