Engagement/consultation

Wai 38: Te Roroa Report

“The Crown has identified a problem with multiply-owned Maori land in relation to resource management matters and has provided a solution, the “iwi authority”, which is assumed to be a traditional concept. To provide what is thought to be a “Maori” solution suggests an assumption that it is a Maori problem. It is not. It is a Crown problem…” “In our view there is an urgent need for amendment to the Resource Management Act 1991 in order to overcome problems such as those in relation to s353 “iwi authorities” and the time limits throughout the Act.” 

Wai 2358: The Stage 2 Report on the National Freshwater and Geothermal Claims

“After examining the evidence and submissions, we found that these participation mechanisms were flawed and had not delivered results that were consistent with either the intention behind some of them (sections 33 and 36B) or the principles of the Treaty. Our findings on flaws in the particular RMA mechanisms were as follows: [including]

• The consultation requirements of the RMA have been confined to the plan-making phase of freshwater decision-making (consultation is not required for the consenting phase). The consultation requirements have also suffered from under-resourcing and the lack of a clear path for consultation to take place in a meaningful and effective way. Crown counsel argued that the new Mana Whakahono a Rohe mechanism will provide just such a path (our findings on that new mechanism are summarised below).”

Wai 45: The Muriwhenua Land Claims Post 1865

“While the Act provides for consultation with iwi by local and regional authorities, Muriwhenua people feel that in the past this has either not occurred, or has been inadequate.”

Wai 894: Te Urewera Report Volume VII

“In our inquiry, claimants said that they were not even properly consulted over environmental matters. Management of the Ohinemataroa River, in particular the selling of gravel, was cited as one instance in which the rights and interests of tangata whenua were virtually ignored.”