Additional Resources and Definitions

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.

35A

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 www.tkm.govt.nz.

36B (1)(b)(i)

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.

39(2)(b)

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)

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).

46(a)

If the Minister considers it desirable to issue a national policy statement, the Minister must seek and consider comments from the relevant iwi authorities.

58(b)

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 tangata whenua, including wāhi tapu, tauranga waka, mahinga mātaitai and taonga raranga.

Purpose of Mana Whakahono a Rohe is 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 decision-making processes under this Act; and 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.  

ust use their best endeavours— 

(a) to achieve the purpose of the Mana Whakahono a Rohe in an enduring manner: 

(b) to enhance the opportunities for collaboration amongst the participating authorities, including by promoting— 

(i) the use of integrated processes: 

(ii) co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono a Rohe: 

(c) in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono a Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities: 

(d) to work together in good faith and in a spirit of co-operation: 

(e) to communicate with each other in an open, transparent, and honest manner: 

(f) to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise: 

(g) to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes: 

(h) to recognise that a Mana Whakahono a Rohe under this subpart does not limit the requirements of any relevant iwi participation legislation or the agreements associated with that legislation. 

Invitation from 1 or more iwi authorities 

(1) At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001, 1 or more iwi authorities representing tangata whenua (the initiating iwi authorities) may invite 1 or more relevant local authorities in writing to enter into a Mana Whakahono a Rohe with the 1 or more iwi authorities. 

Obligations of local authorities that receive invitation 

(2) As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities— 

(a) may advise any relevant iwi authorities and relevant local authorities that the invitation has been received; and 

(b) must convene a hui or meeting of the initiating iwi authority and any iwi authority or local authority identified under paragraph (a) (the parties) that wishes to participate to discuss how they will work together to develop a Mana Whakahono a Rohe under this subpart. 

4) The purpose of the hui or meeting is to provide an opportunity for the iwi authorities and local authorities concerned to discuss and agree on— 

(a) the process for negotiation of 1 or more Mana Whakahono a Rohe; and 

(b) which parties are to be involved in the negotiations; and 

(c) the times by which specified stages of the negotiations must be concluded. 

(6) If 1 or more local authorities in an area are negotiating a Mana Whakahono a Rohe and a further invitation is received under subsection (1), the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the Mana Whakahono a Rohe. 

Other matters relevant to Mana Whakahono a Rohe 

(7) If an iwi authority and a local authority have at any time entered into a relationship agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono a Rohe entered into under this subpart. 

61(2)(a)(iii)

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).

61(2A)(a)

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.

61(2A)(b)

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.

62(1)(b)

A regional policy statement must state the resource management issues of significance to iwi authorities in the region.

65(3)(e)

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 whenua for their cultural heritage in relation to natural and physical resources arise or are likely to arise.

66(2)(c)(iii)

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).

66(2A)(a)

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.

66(2A)(b)

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.

74(2)(b)(iii)

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).

74(2A)

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.

85A

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.

Part 6:
Resource Consents

95E(2)(c)

In determining affected party status, the consent authority must have regard to relevant statutory acknowledgements as set out in Schedule 11.

104

A consent authority's consideration of an application for a resource consent and any submissions received is subject to Part 2 of the RMA.

104 (1)(c)

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.

Part 6AA:
Proposals of national significance

142(3)(a)(vii)

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.

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

165E(2)(b)

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.

165K

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.

165N(5)

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.

165W

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.

Part 8:
Designations and heritage orders

189(1)(a)

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.

Part 9:
Water Conservation Orders

199(2)(b)(v)

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.

199(2)(c)

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.

Part 11:
Environment Court

253(e)

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 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)

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.

cl 3B

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).

cl 5(4)(f)

A local authority shall provide one copy of its proposed policy statement or plan, without charge, to the tangata whenua of the area, through iwi authorities.

cl 20(4)(f) & (g)

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

6H

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).

7(1)

Any person preparing an assessment of effects on the environment should consider the following matters:

(a) Any effect on those in the neighbourhood and, where relevant, the wider community including any socio-economic and cultural effects.

(d) 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.