NewsWai 262 – Greater Māori Involvement in Resource Management Law

The report has been 20 years in the making and assessed a range of Government departments and agencies.  Wide-ranging reforms are recommended to a variety of areas including intellectual property, environmental law and policy, the care and management of biological resources, protection of te reo Māori, the Crown's responsibilities when it assumes a kaitiaki role and Māori involvement in the adoption of international instruments. While the recommendations are not binding, they are significant and far reaching in nature.

The Tribunal considered the kaitiaki relationship with the environment and how this relationship is dealt with by our current laws. It was concluded that, while the RMA provides a mechanism for balancing competing interests, the RMA rarely supports a kaitiaki role or partnership in relation to taonga.  Some of the key resource management recommendations are noted below.

Enhanced iwi management plans

The Tribunal concluded that the lack of compulsion to engage with iwi is the most glaring omission from the present legislation. The implementation of iwi management plans is seen as a way to provide opportunities for formal negotiation regarding partnership.  The Tribunal recommended that iwi management plans have the same status as any district or regional plan or policy statement. This has the potential to influence the current resource consent process.  The Tribunal also recommended identifying any heritage protection authority opportunities in respect to iconic areas for iwi and setting out the general resource management priorities in respect of taonga and resources within their rohe.

Improved mechanisms for decision-making

The mechanisms to transfer decision-making in the RMA are currently being under-used.  The Tribunal recommended changes to remove unnecessary barriers to partnership. The report does not specify what form such changes would make, so the full impact of their implementation is not yet clear.

A commitment to capacity-building

The Tribunal recommended that iwi be funded to ensure the preparation of robust iwi management plans. They also recommended that the Ministry of Environment commit to building Māori capacity to participate in RMA processes.  

Greater use of national policy statements    

The Tribunal noted the current lack of guidance from central Government for effective engagement with Māori and recommended that national policy statements be developed.  This may assist in achieving the nationally consistent implementation of iwi management plans and the consistent use of mechanisms for kaitiaki control and joint management. Such changes may have a practical impact on a day to day basis when dealing with resource management matters.

The Resource Management team at Anderson Lloyd will be following any Government response to the report and subsequent change in legislation.

If you have any questions regarding this article, please contact either Jen Crawford or Rachel Brooking.