Additional Resources and Definitions

Iwi Management Plans: A guide for Māori working in resource management and planning (NZHPT), PDF 1.4 MB). The New Zealand Historic Places Trust Pouhere Taonga prepared this guide for inclusion within the Sustainable Management of Historic Heritage Guidance Series. The guide is designed to assist in the preparation of IMP for the identification and protection of Māori heritage.
Review of the Effectiveness of Iwi Management Plans: An Iwi Perspective. July 2004. Prepared for the Ministry for the environment, by KCSM Consultancy Solutions.

Provisions within the Resource Management Act 1991 providing for Māori interests in resource management
Below are some key provisions within the Resource Management Act 1991 (RMA, the Act) that recognise Māori interests in resource management. Full provisions of the RMA can be viewed on the New Zealand Legislation website.

 

 

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.

 

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

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:

(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.

 

Definitions

Cultural impact assessment: a report documenting Māori cultural values, interests and associations with an area or a resource, and the potential impacts of a proposed activity on these.
Source: Frequently Asked Questions on Cultural Impact Assessments

Hapū: clan, tribe, sub tribe - section of a large tribe.
Source: Māori Dictionary www.maoridictionary.co.nz

Iwi: tribe, nation, people, race.
Source: Māori Dictionary www.maoridictionary.co.nz

Iwi authority: the authority which represents an iwi and which is recognised by that iwi as having authority to do so.
Source: s2 of the RMA

Iwi planning document: a planning document that is 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 or district. An iwi planning document is also commonly known as an iwi management plan.
Source: s61 of the RMA

Kaitiaki: trustee, minder, guard, custodian, guardian.
Source: Māori Dictionary www.maoridictionary.co.nz

Kaitiakitanga: the 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.
Source: s2 of the RMA

Mana whenua: customary authority exercised by an iwi or hapū in an identified area.
Source: s2 of the RMA

Rangatiratanga: sovereignty, chieftainship, right to exercise authority, self-determination, self-management, ownership, leadership of a social group.
Source: Māori Dictionary www.maoridictionary.co.nz

Rūnanga: council, tribal council, assembly.
Source: Māori Dictionary www.maoridictionary.co.nz

Tangata Whenua: the iwi, or hapū, that holds mana whenua over a particular area. For the purpose of this guidance document, the term tangata whenua has been used to apply to both singular tangata whenua groups and multiple tangata whenua groups.
Source: s2 of the RMA

Whānau: extended family, family group.
Source: Māori Dictionary www.maoridictionary.co.nz


Te Rūnanga o Ngāi Tahu criteria for endorsing hapū environmental management plans as 'iwi management plans'
Te Rūnanga o Ngāi Tahu, as an iwi authority, has a set of criteria for endorsing environmental management plans prepared by Papatipu Rūnanga:
'The Kaiwhakahaere has the discretion to endorse environmental planning documents prepared by Papatipu Rūnanga, and at the request of Papatipu Rūnanga, as planning documents recognised by Te Rūnanga o Ngāi Tahu as the Iwi Authority subject to the plan meeting the following criteria:

  1. The plan has been initiated and developed solely by the Papatipu Rūnanga and is an expression of rangatiratanga.
  2. The plan has been formally approved/signed off by the appropriate Papatipu Rūnanga.
  3. The plan shows consistency with existing tribal policy and plans.
  4. The plan appropriately recognises other Papatipu Rūnanga, hapū and Te Rūnanga o Ngāi Tahu.
  5. The development of the plan has involved the input and participation of relevant units of Te Rūnanga o Ngāi Tahu. '

Standing criteria passed by Te Rūnanga o Ngāi Tahu April 2003