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New Zealand Engineering 1998 November New Zealand Engineering Consulting with Maori
Sustainable management of New Zealand's natural and built environments relies on information and knowledge from a wide variety of sources, including engineering and technical information, economic data and projections, resource use information, environmental knowledge based on generations of experience from tangata whenua and other local residents, and scientific assessments of environmental effects. Information is essential for decision makers (in particular those who
decide on resource consent applications) to make robust decisions and to
reach conclusions that will be viable through the medium and longer term.
Consultation is a practical means of acquiring the necessary information.
Yet often consultation, especially with tangata whenua, is perceived as
a problem, something difficult, complicated and confusing.
PCE investigation In the first half of 1998 my team and I undertook an investigation into the effectiveness of local authorities' consultation with tangata whenua for environmental management. This investigation, returning to a topic first assessed by my office six years ago, encountered various continuing difficulties that councils, iwi and hapu, and developers have in dealing with each other, many of which are matters of process rather than principle. But we also found a number of important and encouraging improvements in tangata whenua participation in RMA processes. Some fundamental principles emerged through the investigation, including: • The natural environment and natural resources of
an area have particular meaning and significance for those iwi and hapu
who are tangata whenua of that place. Such values and the management
priorities that derive from them can only be authoritatively determined
by tangata whenua. These values and priorities must be recognised
and provided for under the RMA (section 6(e)).
The legal requirements are an important part of any consultation process and the report includes an in-depth analysis of the legal background, outlining the statutory provisions and the findings of the courts on relevant cases, to clarify the responsibilities of local government and of resource consent applicants. RMA experiences A 1997 study by Ernst and Young, looking at the impact of the RMA on business, found a need for resource consent applicants to have clearer guidelines to assist them in their consultation with iwi. The study noted that the Act's implementation could be improved with more clarity about consultation, to achieve reduced times and greater certainty about the level and adequacy of the response required. It suggested that businesses could be more proactive about developing networks of iwi contacts so as to overcome uncertainties regarding adequate consultation. To complement the evidence from iwi and councils in our investigation's case study areas, we talked with a select group of developers who have extensive experience working with tangata whenua and councils. The developers we spoke to often have to depend on council advice about who to consult and which iwi or hapu will be affected by a proposal. But frequently this guidance was insufficiently clear, comprehensive or reliable, and complications had arisen. The developers advised that they take a precautionary approach by consulting with every group who identify themselves, although situations of conflict between tangata whenua groups had caused difficulties, and frustrated the development of good environmental solutions. The developers generally emphasised the need for patience, caution, trust and sensitivity, and the importance of keeping clear distinctions between environmental issues and other matters. The question of payments for consultation with tangata whenua was raised by many people in the course of our investigation. There are two different kinds of involvement which often seem to get confused when it comes to payment for services. The key question is - are tangata whenua being consulted as experts, providing assessments and advice on cultural and heritage impacts, or are they being consulted as "affected parties"? There's wide acceptance now that the provision of services by iwi representatives or Maori environmental consultants, to a project developer or to a council in its planning and strategic processes, is an efficient way of bringing in the necessary information to assess environmental effects and values. This is no different from technical or scientific information, and tangata whenua are clear that they should be paid appropriate fees for their expertise and specialist local knowledge. But once a resource consent application has been lodged, tangata whenua may then be in a different role, as a party affected by the proposal. Many developers have established practical relationships with tangata whenua representatives, and now have good networks of reliable contacts. Personal relationships with individuals are important. Some developers' experience over the years has led to greater understanding of tangata whenua values and concerns, and no little pride in their abilities and willingness to develop creative and sensitive design solutions to accommodate those concerns within projects. Examples included such practical options as acknowledging wahi tapu, and designing the project around them, or discharging wastes to land rather than compromising the mauri of waterways or polluting mahinga kai resources in an estuary. A number of iwi representatives also reported positive and productive working relationships with developers. Some tangata whenua felt that a more practical, results-oriented approach, and better outcomes had been possible in their dealings with developers than with councils. Getting good results Our investigation identified a number of initiatives that contribute
to positive environmental outcomes, including:
PCE's recommendations The recommendations arising from our investigation are focused on improving the practical implementation of the RMA in relation to the requirements to consult with tangata whenua and to recognise and provide for tangata whenua values and concerns. The first recommendation is for a National Policy Statement under the RMA, to ensure efficiency, consistency, reliability and accountability in these cultural, traditional, kaitiakitanga and Treaty of Waitangi matters. Other recommendations include: • Coordination of the reviews being undertaken of the statutes and systems
for environmental (eg. the RMA review) and heritage management
Glossary
Copies of the Commissioner's report, Kaitiakitanga and Local Government: Tangata Whenua Participation in Environmental Management, are available from Bennetts Bookshops.
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