This section sets out some of the key things tangata whenua need to think about once they decide to get involved in resource consent processes. These are summarised in the checklist below.
Setting up to participate effectively: a checklist
- Make sure you clearly allocate responsibility within your organisation or group for participating in resource consents. Each hapū or whānau should know what their role is.
- Establish internal decision-making processes on resource consent matters that are clear to the council and applicant.
- Determine who (or what legal entity) will be responsible for liaising with the councils. Make sure the councils know who the contact person is.
- Meet with neighbouring tangata whenua resource management organisations to determine areas of separate and common responsibility.
- Set up good office systems to manage the flow of information that could come your way.
- Make sure you have the resources and equipment you need to make the office systems work.
- Budget what the set-up and ongoing costs are and make sure you have access to the money/revenue to cover these costs.
- Signal your intent to enter into a memorandum of understanding or similar agreement with your councils to establish a working relationship.
Sharing the workload - allocate responsibility between and within iwi, hapū and whānau
Shouldering the responsibility for responding to requests for consultation is not something that any tangata whenua group should consider lightly. To make the job easier, consider those issues where your iwi trust board or rūnanga can be called in to assist and teach you. In learning about the consent process it is advisable to approach councils to help you with capacity building (see section 4).
It might be that the iwi has responsibility for some issues, while individual hapū or whānau have responsibility for other issues - it will depend on your iwi. There is no right way to do this, but it makes it easier for everyone if you take a consistent approach.
Sometimes it can be that hapū or whānau have responsibility but there is an understanding within the iwi that hapū and whānau will discuss or confirm important issues with the wider iwi before providing input to the council or applicant. For larger and more complex proposals the iwi, rather than hapū or whānau, may need to assume responsibility for responding (perhaps in consultation with hapū and whānau).
How Kai Tahu o Murihiku has allocated responsibility
Invercargill City Council, Southland District Council, Gore District Council and Environment Southland entered into a Charter of Understanding about matters concerning the Resource Management Act 1991 with Kai Tahu o Murihiku in 1997. This charter defines the process for facilitating Kai Tahu o Murihiku involvement and consultation in the resource consent process. It also clarifies for resource consent applicants the range of Kai Tahu interests in RMA issues.
Governance structure
Kai Tahu o Murihiku represents 18 papatipu rūnanga o Murihiku. Kai Tahu o Murihiku formed Te Ao Marama Inc (Rōpu Whakahaere), which is made up of two representatives each from the Awarua, Hokonui, Oraka-Aparima and Waihopai rūnanga (eight in total). Te Ao Marama Incorporated (Inc.) employs a kaupapa taiao manager to provide a direct link to the local councils, Kai Tahu o Murihiku and the 18 papatipu rūnanga.
Te Rōpu Taiao is a political structure that sits between Te Ao Marama Inc. and the four councils, and is made up of one representative from each of the four papatipu rūnanga o Murihiku (the same representatives form each of the form the Management Committee of Te Ao Marama Inc.) and one elected councillor from each of the four councils. This rōpu now meets eight times a year and negotiates the annual budgets for funding Te Ao Marama. This rōpu also negotiates and adopts protocols for iwi input into plans, policies and consents.
The charter has helped to define the issues concerning iwi values, such as water and water-related activities and land activities. This list helps both councils and applicants for resource consent when engaging in consultation.
Funding for Te Ao Marama Inc.
These four councils fund Te Ao Marama Inc., a business unit providing liaison between resource consent applicants and local rūnanga. Te Ao Marama is a one-stop-shop for iwi liaison for resource management issues. Consent applicants who want to liaise with iwi can contact Te Ao Marama, who can then arrange for consultation with the appropriate rūnanga.
Resource consent applicants requiring iwi consultation are charged on a user pays basis for the time involved in consultation. There are also charges for disbursements and reasonable travel and accommodation costs, where necessary.
One important thing to bear in mind with this example is that Kai Tahu have the advantages of settlement assets, which have enabled the investment in time and money to achieve their structure. They also have statutory acknowledgements, which require mandatory responses from councils, and local rūnanga have the parent rūnanga to support and assist them.
Good practice
- Once you have worked out the best way of allocating responsibility within your organisation or group, tell the council who it should deal with and for what issues. Do this by writing a letter to the Chief Executive. Or, if you haven't already done so, get it included in a formal relationship agreement.
- If the allocation of responsibility between iwi, hapū or whānau is complex, try to make sure it is written down and available as part of an in-house resource management manual.
- If you make any changes in the allocation of responsibilities, notify the council as soon as possible, so they are informed and can let applicants know.
A lack of any clear agreement within your group or organisation about representation can affect your ability to respond to requests for consultation. This can in turn reduce your influence in the process, and your effectiveness in dealing with applicants. Also, without a clear allocation of responsibilities, the council might receive multiple responses and become confused about the 'officially' endorsed view of your people.
Set up internal decision-making processes
It is important to think about what process to use when deciding how to respond to resource consent applications. This may be an existing process or a new process. The decision-making process may vary according to the type of issue you are addressing, and who holds the knowledge needed to respond.
The decision-making process you use will depend on what your organisation or group is comfortable with. What is important is that you establish a process and follow it consistently. Councils and applicants look for certainty that you represent the views of your organisation or group on the relevant matters. Consistency gives them confidence that the advice provided by you is an accurate reflection of your people's views.
That doesn't mean you can't have different processes depending on the importance of the issue. As a general rule the more important the decision, the more people within your organisation or group might be involved. For example, where resource consents are minor, the decision on whether to make a comment or what your organisation or group should say might be a matter that your resource management specialist can deal with. On more important issues the resource management specialist might need to get confirmation through hui, a standing committee or kaumātua.
Good practice
- Make sure councils and applicants understand how decisions are made. This can help them appreciate the importance of the issue to you and understand your timeframes for putting together a response.
- Make sure any decision-making process is as simple as possible and can reach decisions without too much delay. This will mean that your input can be timely and more effective.
Internal decision-making processes - how Kai Tahu ki Otago does it
Kai Tahu ki Otago has developed separate protocols with Dunedin City Council, Waitaki District Council, Clutha District Council, Central Otago District Council, Queenstown Lakes District Council and Otago Regional Council for defining the process for facilitating iwi consultation in the resource consent process.
KTKO Ltd, a stand-alone company established by Kai Tahu ki Otago, has developed a guidelines manual to assist Otago Regional Council staff identify what is of interest to iwi so that affected party status can be determined. This guideline manual will be extended to all district councils.
The decision-making process
The protocols cite the Te Runanga o Ngai Tahu Act 1996. This provides Te Runanga o Ngai Tahu with greater responsibility, accountability and certainty in the decision-making process regarding their resources and assets. The Act prescribes that where consultation is required with any iwi or with any iwi authority, that consultation shall, with respect to matters affecting Ngai Tahu Whanui, be held with Te Runanga o Ngai Tahu.
Te Runanga o Ngai Tahu is the tribal representative body of Ngai Tahu Whanui, a body corporate established under the Te Runanga o Ngai Tahu Act 1996. Ngai Tahu Whanui refers to the collective of the individuals who descend from the primary hapū of Waitaha, Ngati Mamoe and Ngai Tahu namely, Kati Kuri, Kati Irakehu, Kati Huirapa, Ngai Tuahuriri and Kai Te Ruahikihiki.
The Te Runanga o Ngai Tahu Act also acknowledges that consultation in the first instance is with the papatipu rūnanga. The four papatipu rūnanga of Otago and their whānau rōpu have combined to create KTKO Ltd, a stand-alone company independent of the regional and district councils.
What is the role of KTKO Ltd?
KTKO Ltd facilitates consultation between resource consent applicants and kaitiaki rūnanga. KTKO Ltd seeks written approvals on the applicant's behalf with the papatipu rūnanga within the region. Where applicants are applying for a non-notified application, KTKO Ltd will seek written approvals on behalf of the applicant from the relevant rūnanga. Where applicants are applying for a notified consent, KTKO Ltd will put the applicant in contact with the relevant rūnanga for their views or concerns.
Cost recovery
KTKO Ltd provides this service to applicants on a user pays cost recovery basis.
Once again, as with the previous example, Kai Tahu have the benefit of statutory acknowledgements, settlement assets and a very large rohe, which enable them to operate this structure. While this arrangement is unique in Aotearoa, there are lessons that can be learnt by smaller tangata whenua groups from how they operate.
Getting the structure (or person) in place
Tangata whenua resources and needs will vary greatly. For some hapū and iwi it will be both possible and necessary to establish a resource management unit as a separate legal entity with a number of staff. In other cases, hapū or whānau might simply nominate one person who oversees resource consent matters on a part-time and/or voluntary basis. It is essential that a formal mandate is determined for the structure or person to speak on behalf of the tangata whenua, and the degree to which this autonomy is confirmed.
While some iwi have developed effective resource management units, many have little capacity in this respect. There may be no developed skills for you to draw on near to your rohe. Networking with other more distant tangata whenua groups may help provide critical support. Although resource management professionals in councils and private practice can be helpful, you are likely to find many situations where they fail to understand your kaitiaki perspective and may not provide the sought-after level of assistance. Networking with other tangata whenua groups will provide you with access to others' experience and understanding that you can build on.
While you may be fortunate in being able to access funding and other resources from your iwi, councils or other sources, this is not always the case. Establishing and maintaining resource management capacity, at least in the early stages, is likely to have real costs. You need to be realistic about how these will be resourced.
Options for establishing a separate legal entity include companies, trusts (of various kinds) and incorporated societies. Different options present different legal and tax implications. If you're going to set up a new entity - or use an existing entity for a new resource management purpose - you should seek expert legal advice.
Your local Te Puni Kōkiri (TPK) office will be able to provide advice on trust and business structures.
Skill level required
Where one or more people are nominated as the resource management representative, they should have the following skills:
- a grounding in kaitiakitanga and tikanga of the tangata whenua concerned
- at least a basic knowledge of the RMA, the consent, submission-making and hearing processes, and the policy statements and plans prepared by the relevant councils
- a basic understanding of the professional disciplines brought to bear during the consent process (eg, civil engineering, environmental science, archaeology, ecology, etc.)
- excellent administrative and organisational skills - meeting constant deadlines is an important aspect of participation in the consent process
- the time to devote to the task - dealing with resource consents can be a demanding and relentless job. It does take time, and those appointed should not be over committed with other responsibilities.
Where you are working in a team situation, it is not essential that all team members have the above skills, but that collectively the necessary skills are possessed.
Commitment to the job
Being committed to the job is critical. While it is important for the person appointed to have some knowledge of the RMA and some appreciation of the environment, this understanding can be furthered on the job and assistance can be sought by networking with other tangata whenua representatives in similar roles, and with councils.
Administrative support and relationships
Having a part-time volunteer in this role can work, but they do need to be supported by good systems and processes and have a supportive relationship with councils. You also need to factor in likely costs relating to the need for transport, office supplies and information for any volunteers.
Training
Make use of iwi and hapū networks to find out what hui are taking place that might offer training opportunities on resource management or business topics.
You may be able to make arrangements with your council to have somebody from your organisation or group spend some time working with and/or observing the work of council staff and decision-makers involved in processing applications for resource consent. This can give you a real familiarity with and insight into the process, and the pressures and timeframes under which councils operate, as well as building relationships with the people concerned. Councils may also be able to offer other assistance in capacity building (see section 4).
You should spend time becoming familiar with council and Environment Court decisions that affect your rohe, particularly where tangata whenua have not been active in resource consent processes. Although district and regional plans give direction to decisions, there can be wide interpretations, and precedents can be set in terms of what values are important in decision-making. One of the most important, but challenging, tasks is to begin to understand previous decisions that have been made, and to begin to influence resource consent decisions to support tangata whenua values.
The Māori Business Facilitation Service run by Te Puni Kōkiri (TPK) provides mentoring, advice, facilitation, guidance and information on business matters. The service is available to new or existing Māori businesses, individuals, landowners, trusts, rūnanga, trust boards and other Māori organisations. Contact your local TPK office for more information.
Te Wānanga o Aotearoa is one of a number of institutions that runs small business courses. Te Wānanga o Aotearoa also offers extramural courses in iwi environmental management and trusteeship. For further information, phone 0800 355 553.
Mauriora ki te Ao scholarships are offered by various ministries, including the Ministry for the Environment, to Māori studying in environmental science and resource management. For more information, contact Riki Ellison in the Maruwhenua unit at the Ministry for the Environment on (04) 916 7668.
Both the New Zealand Planning Institute (NZPI) and the Resource Management Law Association (RMLA) offer conferences, seminars and other professional development opportunities. These cost, but assistance may be available from your local TPK office or your council.
Good practice
- Don't nominate people who are too busy with other responsibilities placed on them by your organisation or group.
- If you are not well resourced and are appointing someone on a volunteer and/or part-time basis, make sure they have the willingness and the time to devote to the job.
- Always make sure the council knows who the appropriate contact is.
- Advise the council if the contact changes or if his/her contact details change.
- Even if you're a well resourced organisation or group, the most important skills to devote to resource consent processes are good organisational skills. Technical skills must be backed up by administrative ability. The best qualification is a good track record in organisation and administration.
Getting the systems in place
Being involved in the RMA can take a lot of time and involve a lot of paper. If your organisation or group is going to make the most of the opportunities available to it, you are going to have to be well organised. That means getting good office systems in place to keep track of all the information that comes your way. The types of systems you will need to consider are set out in the following text box.
Some basic systems
No matter whether you are a big organisation or a one-person-band, you will need basic office systems. These will include the following.
Recording incoming mail
Keep a record of the correspondence you receive. When you open the mail, record the date, writer and subject of the letter in a book or computer file. If you do this you have a clear record of what you have received and when. This can save you arguments about when you received something - or even whether you got it at all.
It's not always necessary to do this (especially if you get most of your correspondence by email), but you should always stamp incoming mail with the date stamp. That way at least you always know when you received the letter.
It is always a good idea to separately log any resource consent applications that come in the mail.
Maintaining a bring-up system
A bring-up system is simply a way of making sure you don't forget to do things that are important. There are all sorts of bring-up systems. Often you get letters that you don't have to deal with straight away but you do need to deal with them by a specified date. You can simply file these letters in a desk file that you look at every day. The desk file can be organised so that you can file letters to be looked at a day, a week or a month out. Many computer software packages have electronic bring-up systems and reminders.
Recording key dates and commitments
In addition to a bring-up system, you will need a system to keep track of critical dates (such as when meetings are scheduled, when submissions end, or when hearings are to be held). A simple paper diary or wall chart will work fine, but those with access to a computer might find an electronic system better. Computer-based systems have the advantage of allowing you to change dates easily, and they can give you reminders.
No matter what system you use, the trick is to keep it regularly updated. Every time you get a letter, an email or phone call make sure any key dates are transferred into your dairy.
A filing system
Any office needs a filing system. As a general rule every resource consent application that your organisation or group decides to get involved with should be given a separate file with a unique identifying number. That way you can store them in some logical order and find the information you need easily.
Templates
A simple way of reducing the work of running any office is to have model letters and forms (or templates) for the things you do most often. Templates can be in electronic form, or they can just be photocopies where you fill in the blanks.
Your organisation or group might use templates for:
- acknowledging an application forwarded by a council and advising when you expect to provide comment
- advising that your organisation or group has no interest in a particular application
- requesting more information about a proposal
- invoicing (where charging is appropriate).
Charging policy
If you are going to charge for your involvement in RMA processes, you need to be clear and open about your charging policy. Two approaches are common:
- you can offer a fixed price to look at an application and another fixed price for subsequent tasks (like preparing a report, or holding hui), or
- you can charge according to the time spent on a project.
You also need to decide whether to charge separately for the cost of disbursements (things like the use of your vehicle and phone calls), and whether you will charge for travel time and, if so, at what rate. Disbursements can be charged at either an as incurred rate (eg, the actual cost of phone calls associated with a particular application), or on a fixed rate basis (eg, a standard 5% on top of the time spent looking at an application, to cover fixed costs such as phone and computer use, power, etc.).
Sometimes you might encounter applicants who are unwilling to pay you. When you have been approached by an applicant for your comment, you should not assume that the applicant will pay. You should make sure that you address the issue of payment and agree on this with the applicant from the start. In doing so, ensure you make it clear to the applicant what service they should expect.
Time recording
If your organisation or group is charging for time spent providing comment on an application, you will need a system of recording time. As with any business, when you charge for a service there is a reciprocal obligation to be open and transparent about how much time is spent on each task. If someone questions how much you charge, you should be able to supply a detailed record of the hours spent and what was done.
Time recording is simple enough; it's just a discipline on individuals to make sure they record time on a daily basis. You can either use a job sheet approach (where a form sits on the front of every job file so that time is recorded each time anyone works on a project). Or, you can use a diary approach, where anyone working on a project keeps their own diary, with the hours worked against each project clearly recorded.
It is important to remember that it won't be reasonable for everyone who works on a project to be charged out at the same rate, so you need to make sure your time recording shows who has worked on a project and what they did.
Accounting systems
If you are incurring costs and receiving income you will need at least a basic accounting system. This system will include keeping separate records of:
- accounts payable (the money you have paid out) - this will allow you to keep track of what your costs have been and will be important if you are charging for disbursements
- accounts receivable (the money that has been paid to you) - this will allow you to keep track of who and how much you have charged.
Note: the IRD may also require you to keep a cash book, file a tax return and charge GST (depending on how much money is being made). You should check with the IRD if you have any doubt about your tax obligations.
Getting systems in place - how Ngati Wai Trust Board does it
At Ngati Wai Trust Board, consent applications are logged (recorded as having been received) and distributed to the resource management unit. Applications are assessed according to pre-determined criteria to establish the nature of any concern and to set priorities for responding to applicants.
Each application is assigned a cover sheet that summarises location, applicant name, date received, whether it is a notified or non-notified application, and other critical information.
Specific agreements
If an interest is established and more information is required, contact is made with the district council to seek more information via section 92 of the RMA. A specific agreement between Whangarei District Council and the Trust Board guides the subsequent actions of both parties for their ongoing involvement in the consent process. (See text box titled 'Specific agreements - how Ngatiwai does it', on page 25.)
Cost structures
Applicants are contacted immediately after an interest is established and a schedule of costs is sent out to them clarifying the charging regime and itemising costs. Costs are allocated differently depending on the activities (eg, by document perusal, site visit, report writing and vehicle mileage). Disbursement costs are standardised. Costs of administration are incorporated as overheads across the cost items.
The cost structure is explained to the applicant or their agent.
All activities are costed by the hour, apart from disbursement costs, and an estimation of total time spent is made directly by the RMA expert and office administration staff at the end of the consultation process.
Timeframes
Meeting commitments and site visit times and dates are managed individually by the staff member allocated to the particular application. There are no formal systems in place for managing this process.
Filing system
Consent applications are not formally filed until involvement in them has been completed. Completed consent applications are stored in box files according to the type of consent (eg, land use, subdivision, discharges), with a logging sheet that summarises the contents of the box.
Resources and equipment
Anyone involved in responding to requests for consultation will need basic office equipment. It makes dealing with the paper deluge a lot easier.
Basic office equipment
At a minimum every efficient office will generally have the following:
- a good desk - you'll need a decent-sized one for spreading out plans
- a telephone (you don't need a dedicated number if you're operating from home, but it is good to have one if your home phone is heavily used by the whānau! You have to be contactable so, at the very least, you should have a telephone answering machine or a answering service that can take messages when you're out)
- a filing cabinet/system, or book shelf if you can't get hold of a proper filing cabinet
- an in-tray for putting mail you haven't dealt with yet
- a wall chart/calendar for work planning and noting key dates
- a white board for noting down things to do and prioritising tasks
- stationery - paper for letters and faxes (letterhead if you have it - but it's not essential), a diary (for recording meeting dates and other commitments, and for recording time spent on a job), files that can store all the paper and plans you might get from an applicant or council, and a date stamp to use on incoming mail (to record when you receive something by mail).
It is increasingly difficult to work without a fax machine and a computer with internet access. Without them you will be cut off from ready access to information and to other tangata whenua groups. Your ability to produce professional standards of documentation depends on computing and printing capacity.
You will need to have a copy of the RMA so you can check what it says when applicants and others refer to particular sections. Some companies will supply you with updates on case law and amendments, which you can use to keep your copy of the RMA current. You should also get hold of copies of the relevant district and regional plans for your rohe. Councils are required by law to provide copies of these (including any updates), without charge, to tangata whenua of the area through iwi authorities and tribal rūnanga. If you haven't got a copy, ask your council. It may not provide a copy free of charge to every whānau or hapū group, but they should be able to give you some key sections, direct you to where you can find it on the web, or email you an electronic copy.
Budgeting
Even if you are represented in RMA processes by people acting in a voluntary, unpaid capacity, there will be costs that need to be met if you are to be effective in the consent process over the long term.
These include:
- set-up costs - these will be the costs associated with purchasing the resources and equipment identified above (capital costs) and any one-off costs like getting expert advice
- costs associated with ongoing involvement - these will be mostly operating costs (like costs of rent, hui, travel, wages, gathering information and minor office supplies), and the cost of depreciation on capital items (computers and other expensive office equipment).
Organisations or groups that participate in the resource consent process may need a simple business plan. This will include an estimate of likely annual costs and forecast annual income. Income might come from several sources (eg, from other activities, from donations and grants and/or from fees, and from charges on resource consents). While you shouldn't aim to make a profit from participating in resource consent processes, you will need to ensure that you can cover your costs.
You will also need to ensure you have adequate cash flow and that your expenditure is phased to match your income. If you are relying on a grant that is paid in an annual lump sum, for example, you will need to ensure that you don't overspend early in the financial year, leaving you with a cash flow crisis at the end of the year. Many grants come with a requirement that they be separately recorded in financial statements, and that those accounts clearly show how the money was spent.
The Māori Business Facilitation Service run by TPK can help with budgeting matters. Contact your local TPK office for more information.
Relationship agreements
In some situations a verbal agreement between your organisation or group and the council will work well. But in most cases it will be better to have your relationship formalised in a written agreement. That way both parties know exactly what has been agreed, the relationship is less dependent on goodwill between particular people, and the agreement remains in place to be understood by others when those originally involved move on.
Written agreements between tangata whenua organisations or groups and councils generally come in two forms:
- general agreements (often referred to as relationship agreements or charters)
- detailed agreements specifically aimed at resource consent processes (often referred to as memoranda of understanding, protocols or service contracts).
General relationship agreements
Many tangata whenua organisations or groups have found general relationship agreements with councils to be of real value. These agreements don't just relate to resource consents - they cover the overall way in which the organisation or group and a council interact on all issues. They establish a way of working together, of giving meaning to partnership and other Treaty principles (see text box).
The relationship agreement - suggested content
It is not possible to provide a model agreement because every case will be different. However, it is possible to provide an outline of the matters that can be covered by such an agreement.
The sort of provisions your organisation or group might want to get into a general relationship agreement may include:
- mandate - get your organisation or group acknowledged by your council as having status (mana whenua) within the district or region
- recognition - ensure the council knows how you are associated to the place and what your relationships are with other whānau, hapū and iwi in the area
- representation - ensure there is a clear understanding about how tangata whenua will be represented in decision-making (eg, through committees, regular hui)
- issue resolution - ensure there is an understanding between your organisation or group and the council on how you are going to discuss issues and resolve any differences, including how you might develop more detailed agreements to deal with specific issues
- governance and decision-making process - ensure the council knows what level within your organisation or group to contact on resource consent matters (ie, they need to know whether to speak to the iwi, hapū, trust boards, marae committee, rūnanga).
For guidance, refer to Talking Constructively: A Practical Guide for Building Agreements Between Iwi, Hapu and Whanau, and Local Authorities (May 2000), available from the Ministry's website (www.mfe.govt.nz) or publications team on (04) 917 7506 (24-hour answerphone).
Te Tangata Whenua o Te Upoko o te Ika a Mauri and Wellington Regional Council
The seven iwi who are tangata whenua in the Wellington region and the Wellington Regional Council signed a Charter of Understanding in July 2000.
The Charter is a general agreement that contains the following:
- high-level goals for the relationship - what the parties expect to get from it and how they will work together
- acknowledgement of the Treaty of Waitangi and its principles as the starting point of the relationship
- identification of the ways in which iwi representation will occur
- recognition of principles of consultation
- commitment to conflict resolution that is positive, not litigious
- commitment to provide resources for tangata whenua
- an undertaking about how the Council will treat sensitive information provided by tangata whenua
- an acknowledgement of the need to learn more about areas of common interest through education and training.
Specific agreements
Specific agreements often follow on from a general agreement. They detail how the high-level commitments set out in a general agreement will work in practice.
Specific agreements often take the form of memoranda of understanding or protocols.
Specific agreements - how Ngatiwai does it
The Ngatiwai Trust Board has a specific agreement with Whangarei District Council (WDC) that sets out agreed criteria to be used when an iwi or hapū group requests consultation on a resource consent application. It also sets out the responses WDC will make to such requests.
The agreement specifies what information the iwi or hapū group will provide to WDC (a) when heritage sites may be subject to threat from a resource consent application; and (b) when customary rights might be compromised by a consent application.
The agreement specifies that where WDC is satisfied that a threat exists, it will require that an applicant consult, may require an archaeological assessment, and/or may impose appropriate resource consent conditions (or advice notes).
Provision for securing on-site inspections by Ngatiwai is also provided for.
Specific agreements covering resource consent participation might address the following:
- why, how and when the two parties are going to talk about tangata whenua involvement in resource consent processes
- how the council will recognise tangata whenua interests in resource consent decision-making; for example:
- what information will your organisation or group be prepared to provide to either the councils or applicants, and how will sensitive information be handled
- when will your organisation or group be treated as an interested party
- when will your organisation or group be treated as an affected party?
- what level of information about cultural effects will councils require in AEEs?
- who will councils regard as appropriate to comment on the cultural effects on your people?
- what responsibility for consulting with your organisation or group will the council take, and what responsibility will it encourage applicants to take?
- will it send your organisation or group a summary of applications received? which applications will it send? In what agree timeframe will you be expected to respond?
- what will it do with the feedback your organisation or group provides on applications forwarded to it?
- what level of financial or other assistance is the council able to offer you so your organisation or group can participate effectively
- what reciprocal commitments your organisation or group will make to:
- ensure the council knows who (which person) within the organisation is the primary contact person - and whether this depends on the issue being discussed
- offer the council an idea of the types of issues/decisions you want to have a say in.
Specific agreements do not have to be restricted to those between councils and tangata whenua. Sometimes tangata whenua can enter into agreements directly with applicants - particularly those applicants who are constantly requiring resource consents (often throughout the country).
Agreements of any kind - whether general or specific - should contain a commitment by the parties to regularly review them to see how they are working, and determine whether any changes need to be made.
Good practice
- There is no right way to express a relationship. Do what works for you. Different tangata whenua organisations and groups have relationships expressed in various ways - sometimes formal, sometimes informal. While it's usually best to have things written down, if you've got a relationship that works for both parties, stick with it. If it's not working, you should do something about it.
- In signing up to a specific agreement, work out what needs to be done and don't promise to deliver what can't be done. Explain to the council what is achievable with existing resources.
Often the council may offer to draft the agreement. Make sure that you fully understand what is written down and, if you don't understand or don't agree, ensure that it is explained or altered to your satisfaction, and that your people are comfortable with it before signing.
See more on...
Section 3: What do tangata whenua need to participate effectively?
March 2005
© Ministry for the Environment