Waitangi Tribunal report extracts relating to the RMA and Hapū/iwi capacity and resourcing

Capacity and resourcing to participate fairly

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

“Alongside these flaws in the RMA mechanisms themselves, we found that under resourcing has contributed to a lack of capacity and capability for many Māori entities in freshwater management. This has crippled their ability to participate effectively in RMA processes. Examples included the ability to meet the ‘efficiency’ requirements of sections 33 and 36B, to prepare effective iwi management plans, and to participate effectively (or at all) in consultation and RMA hearing processes.”

“..the ongoing problems with resourcing and effective participation mean that some Māori groups will be unable to take proper advantage of this new mechanism in the NPS-FM – as the Ministry’s 2017 review of the NPS-FM has acknowledged.” 

“We recommend that the Crown urgently take such action or actions as are necessary to ensure that under-resourcing no longer prevents iwi and hapū from participating effectively in RMA processes, including freshwater management and freshwater decision-making. We also recommend that, in respect of fresh water, the resourcing measures be developed, and their effectiveness monitored, by the national co-governance body. If the national co-governance body has not been established, that role should be performed by the Crown in partnership with the Iwi Chairs Forum and NZMC. Because this issue of resources is not confined to RMA processes relating to fresh water, we have not specified the ILG and Te Kahui Wai Māori here. Necessarily, this recommendation includes the building of capacity and capability for iwi and hapū to enter into co-governance and co-management arrangements and Mana Whakahono a Rohe arrangements, and support for both councils and Māori to establish those arrangements.”

Wai 262: Ko Aotearoa Tēnei

“Accordingly, we recommend that the RMA regime be reformed, so that those who have power under the Act are compelled to engage with kaitiaki in order to deliver control, partnership, and influence where each of these is justified, specifically:

A commitment to capacity-building: We recommend that the Ministry for the environment commit to building Māori capacity to participate in RMA processes and in the management of taonga, and that this commitment should include providing resources to assist kaitiaki with the development of iwi resource management plans, and assisting kaitiaki to develop the resources or technical skills needed to exercise their kaitiaki roles.”

Wai 796: The Report on the Management of the Petroleum Resource

“We consider that there are fundamental flaws in the operation of the current regime for managing the petroleum resource which arise from the combined effect of the following features…” “the limited capacity of ‘iwi authorities’ to undertake the role envisaged for them in the regime”

Wai 863: Wairarapa ki Tararua Report

“We recommend that the Government commit to a comprehensive review of these Acts that achieves…” “increased capacity of tangata whenua to engage meaningfully in resource management decision-making (which will involve paying and training them)’”

Wai 215: Tauranga Moana 1886-2006 - Report on the Post-Raupatu Claims Volume 2

The capacity of Tauranga Māori to participate in environmental management as kaitiaki is badly compromised by a lack of resources.

Wai 785: Te Tau Ihu o Te Waka a Maui: Report on Northern South Island Claims

“It has failed to ensure that Te Tau Ihu iwi have adequate capacity to participate in a fair and effective manner. These are significant breaches. As a result, iwi are faced with insufficient regard to, or even understanding of, their values and interests, and an inability to participate on a level playing field with consent applicants and authorities. Although the Crown says that it has devoted ‘significant resources’ to improving this situation, we were provided with almost no evidence of it, despite the importance of this legislation and the compelling claimant evidence about the problems with it. Clearly, the claimants have been prejudiced by these breaches of Treaty principle.”

“The Tribunal also highlighted problems with resource and fishery management regimes and recommended changes and improvements to ensure that these regimes were more consistent with the Treaty. The Crown admitted that the Resource Management Act 1991 was not being implemented in a manner that provided fairly for Māori interests.”