Section 4: What can tangata whenua expect, and what is expected of tangata whenua?

This section acknowledges that consultation with, and involvement of, tangata whenua is a right not a privilege. But it also acknowledges that:

• there is a strong element of reciprocity in consultation - there are, in other words, obligations associated with the right to be consulted
• tangata whenua can be most effective in protecting their interests in resource management by conducting their involvement in a business-like and professional way.

This section looks at:

• mutual expectations
• what tangata whenua can expect of councils and applicants
• what councils and applicants expect of tangata whenua.

General expectations of all parties

There are three general expectations that all parties should hold about the RMA consent process and associated consultation. These are that all parties:

• enter into consultation processes in good faith
• acknowledge that resource consents often involve potential economic and social benefits for the community as well as environmental and cultural costs, and that these need to be weighed in the responses provided
• participate positively by, where possible, looking for solutions to issues that might work for all parties.

What tangata whenua can reasonably expect from councils and applicants

Facilitation of consultation

You can expect that councils will not trouble you with trivial issues. This of course depends very much on the level of information a council has on your concerns.

There can be a danger when councils decide on what is of importance to you if you are not involved in defining those issues. What may seem trivial to a council may not be trivial in cultural terms. One example may be losing some flax as part of a swamp drainage, where there is seen to be plenty of flax in an area. The council may not be aware that that flax is the only good weaving flax that maintains a tradition of korowai making.

However, you can reasonably expect:

• to be consulted about issues that might concern you
• that councils will routinely advise applicants that you have an interest in particular applications, and supply applicants with:
  • the name of the appropriate tangata whenua contact
  • the contact details of that person
  • advice about the preferred consultation method of your particular tangata whenua organisation or group (if known)
  • any particular protocols that may apply.

Manner of consultation by the applicant

You can reasonably expect that applicants will consult in a genuine manner. Those consulting should:

• understand that true consultation involves the presentation of a proposal, not the final version
• undertake consultation early, allowing enough time for you to respond
• be prepared to listen and consider responses
• provide enough information to enable you to respond meaningfully - including offering a site visit
• acknowledge that merely providing people with an opportunity to make a submission will not, in itself, generally be regarded as acceptable consultation.

If consultation by an applicant hasn't been adequate, then you can reasonably expect that councils will take this into account in considering the application.

Recognition of the costs of consultation incurred by tangata whenua

Tangata whenua can reasonably expect that both councils and applicants will understand and acknowledge the realities facing them, including that they:

• incur costs in responding to resource consents
• are generally not well resourced
• often have internal decision-making processes (and in particular a preference for consensus), which means they need a reasonable time period within which to respond.

Many organisations and groups that represent tangata whenua expect applicants to recompense them for the actual and reasonable costs incurred in responding to requests for consultation. They also expect that as part of their project planning, applicants will make allowances for the time it takes tangata whenua to provide a response on a particular application.

Support for participation

Councils are increasingly providing resources to tangata whenua to enable them to participate in consultation effectively. This might involve one or more of a variety of measures, including:

• providing funding assistance
• assisting in capacity building (see adjacent text box)
• appointing liaison officers to facilitate good information exchange and consultation between tangata whenua, applicants and councils
• providing access to information held by councils that might assist tangata whenua make useful responses to applicants
• making commitments to attend regular hui, and review processes and practices.

The nature of the support will depend on the commitment and resources of the council, the needs of tangata whenua, and the ongoing number of applications of interest to tangata whenua.

If the council does not provide the advice suggested above, you should raise these matters in your discussions over any relationship agreement you might have, or that you may be seeking to reach.

What councils and applicants expect from tangata whenua

In terms of developing and maintaining good relationships in resource consent processes, you should be aware of the following expectations.

Timeliness

Councils and applicants expect that, in responding to requests for comment or information, tangata whenua will:

• recognise the commercial pressures faced by applicants and the statutory timeframes and political pressure often imposed on councils, and respond within a reasonable timeframe, with no undue delay
• keep to timeframes that have been agreed to by their representative organisations or groups
• inform the parties in advance if they can't keep to a timeframe (because of unforeseen circumstances) and offer a new timeframe
• inform the council of changes in contact details as soon as possible.

Often an extended period of silence after a request for consultation will be interpreted by councils, and particularly applicants - however erroneously - as a sign that tangata whenua have no view, or no concerns, about an application.