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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Resource Management Act 1999

Resource Management Act 1999

SECTIONOBLIGATION TO MĀORI

5

Purpose

(1)        The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2)        In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—

(a)        sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b)       safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c)        avoiding, remedying, or mitigating any adverse effects of activities on the environment.

6

Matters of national importance

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance;

...

(e)      the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga;

...

(g)     the protection of protected customary rights.

7

Other matters

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(a)      kaitiakitanga;

...

8

Treaty of Waitangi

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi(external link) (Te Tiriti o Waitangi).

14

Restrictionsrelating to water

(3)      A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if:

...

(c)      in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or

...

33

Transfer of powers

(1)        A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.

(2)        For the purposes of this section, public authority includes—

...

(b)     an iwi authority; and

...

(4)        A local authority shall not transfer any of its functions, powers, or duties under this section unless—

(a)        it has used the special consultative procedure set out in section 83(external link) of the Local Government Act 2002; and

(b)       before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and

(c)        both authorities agree that the transfer is desirable on all of the following grounds:

(i)         the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty;

(ii)        efficiency;

(iii)       technical or special capability or expertise.

(5)        [Repealed]

(6)        A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.

(7)        A public authority to which any function, power, or duty is transferred under this section may accept such transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.

(8)        A local authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.

(9)        A public authority to which any function, power, or duty has been transferred under this section, may relinquish the transfer in accordance with the transfer agreement.

35A

Duty to keep records about iwi and hapu

(1)        For the purposes of this Act or regulations under this Act, a local authority must keep and maintain, for each iwi and hapū within its region or district, a record of—

(a)        the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapū for the purposes of this Act or regulations under this Act; and

(b)       the planning documents that are recognised by each iwi authority and lodged with the local authority; and

(c)        any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga.

(2)        For the purposes of subsection (1)(a) and (c),—

(a)        the Crown must provide to each local authority information on—

(i)         the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and

(ii)        any groups that represent hapū for the purposes of this Act or regulations under this Act within the region or district of that local authority and the areas over which 1 or more hapū exercise kaitiakitanga within that region or district; and

(iii)       the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and

(b)       the local authority must include in its records all the information provided to it by the Crown under paragraph (a).

(3)        In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—

(a)        on iwi, obtained directly from the relevant iwi authority; and

(b)       on hapū, obtained directly from the relevant group representing the hapū for the purposes of this Act or regulations under this Act.

(4)        In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapū unless a hapū, through the group that represents it for the purposes of this Act or regulations under this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapū in the record.

(5)        If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—

(a)        the provision of the other enactment prevails; or

(b)       the advice given under the other enactment prevails; or

(c)        the determination made under the other enactment prevails.

(6)        Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act.

36B

Power to make joint management agreement

(1)        A local authority that wants to make a joint management agreement must—

(a)        notify the Minister that it wants to do so; and

(b)       satisfy itself—

(i)         that each public authority, iwi authority, and group that represents hapū for the purposes of this Act that, in each case, is a party to the joint management agreement—

(A)       represents the relevant community of interest; and

(B)       has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and

(ii)        that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and

(c)        include in the joint management agreement details of—

(i)         the resources that will be required for the administration of the agreement; and

(ii)        how the administrative costs of the joint management agreement will be met.

(2)        A local authority that complies with subsection (1) may make a joint management agreement.

39

Hearings tobe public andwithout unnecessaryformality

...

(2)      In determining an appropriate procedure for [a hearing], the authority shall—

...

(b)     recognise tikanga ori where appropriate, and receive evidence written or spoken in ori and the ori shall apply accordingly;

42

Protection of sensitive information

(1)        A local authority may, on its own motion or on the application of any party to any proceedings or class of proceedings, make an order described in subsection (2) where it is satisfied that the order is necessary—

(a)        to avoid serious offence to tikanga ori or to avoid the disclosure of the location of waahi tapu; or

(b)       to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information,—

and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available.

(2)        A local authority may make an order for the purpose of subsection (1)—

(a)        that the whole or part of any hearing or class of hearing at which the information is likely to be referred to, shall be held with the public excluded (which order shall, for the purposes of subsections (3) to (5) of section 48(external link) of the Local Government Official Information and Meetings Act 1987, be deemed to be a resolution passed under that section);

(b)       prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.

(3)        An order made under subsection (2)(b) in relation to—

(a)        any matter described in subsection (1)(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the local authority considers appropriate in the circumstances;

(b)       any matter described in subsection (1)(b) may be expressed to have effect from the commencement of any proceedings to which it relates but shall cease to have any effect at the conclusion of those proceedings—

and upon the date that such order ceases to have effect, the provisions of the Local Government Official Information and Meetings Act(external link) 1987(external link) shall apply accordingly in respect of any information that was the subject of any such order.

(4)        Any party to any proceedings or class of proceedings before a local authority may apply to the Environment Court for an order under section 279(3)(a)(external link) cancelling or varying any order made by the local authority under this section.

(5)        Where, on the application of any party to any proceedings or class of proceedings, a local authority has declined to make an order described in subsection (2), that party may apply to the Environment Court for an order under section 279(3)(b)(external link).

61

Matters to be consideredby regional council (policy statements)

(1)        A regional council shall prepare and change its regional policy statement in accordance with its functions under section 30(external link), the provisions of Part 2(external link), and its duty under section 32(external link) and any regulations.

(2)        In addition to the requirements of section 62(2)(external link), when preparing or changing a regional policy statement, the regional council shall have regard to—

(a)        any—

(i)         management plans and strategies prepared under other Acts; and

(ii)        [Repealed]

(iia)    relevant entry in the Historic Places Register; and

(iii)       regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial ori customary fishing); and

(iv)       [Repealed]

to the extent that their content has a bearing on resource management issues of the region; and

(b)     the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils.

(2A)   When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

(a)        the council must take into account any relevant planning document recognised by an iwi authority; and

(b)       in relation to a planning document prepared by a customary marine title group under section 85(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93(external link) of that Act,—

(i)         recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

(ii)        take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

(3)      In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition.

62

Contents ofregional policystatements

(1)      A regional policy statement must state—

...

(b)     the resource management issues of significance to iwi authorities in the region; and

...

64A

Imposition of coastal occupation charges

...

(4A)   A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011.

65

Preparationand changeof other regional plans

...

(3)      Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise;

...

(e)      any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources;

...

66

Matters to be consideredby regional council (plans)

...

(2)      In addition to the requirements of section 67(3) and (4)(external link), when preparing or changing any regional plan, the regional council shall have regard to—

...

(c)      any—

...

(iii)           regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māoricustomary fishing);

...

to the extent that their content has a bearing on resource management issues of the region; and

(2A)   When a regional council is preparing or changing a regional plan, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

(a)        the council must take into account any relevant planning document recognised by an iwi authority; and

(b)       in relation to a planning document prepared by a customary marine title group under section 85(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93(external link) of that Act,—

(i)         recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

(ii)        take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

...

74

Matters to be consideredby territorial authority

...

(2)      In addition to the requirements of section 75(3) and (4)(external link), when preparing or changing a district plan, a territorial authority shall have regard to—

...

(b)     any—

...

(iii)           regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing),—

to the extent that their content has a bearing on resource management issues of the district; and

(2A)  A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.

85A

Plan or proposed plan must not include certain rules

A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to; have an adverse effect that is more than minor on a protected customary right carried out under Part 3(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011.

85B

Process to apply if plan or proposed plan does not comply with section 85A

(1)        If a protected customary rights group considers that a rule in a plan or proposed plan does not comply with section 85A(external link), the holder may—

(a)        make a submission to the local authority concerned under clause 6(external link) of Schedule 1; or

(b)       request a change under clause 21(external link) of Schedule 1; or

(c)        apply to the Environment Court in accordance with section 293A(3)(external link) for a change to a rule in the plan or proposed plan.

(2)        A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A(external link), must consider the following matters:

(a)        the effects of the proposed activity on the exercise of a protected customary right; and

(b)       the area that the proposed activity would have in common with the protected customary right; and

(c)        the degree to which the proposed activity must be carried out to the exclusion of other activities; and

(d)       the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and

(e)        whether the protected customary right can be exercised only in a particular area.

87A

Classes of activities

(1)        If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

(2)        If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—

(a)        the consent authority must grant a resource consent except if—

...

(ii)      section 55(2)(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; ...

95B

Limited notification of consentapplication

(1)        If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E(external link) and 95F(external link)) if there are any affected persons, an affected protected customary rights group, or affected customary marine title group in relation to the activity.

(2)        The consent authority must give limited notification of the application to any affected person unless a rule or national environmental standard precludes limited notification of the application.

(3)        The consent authority must give limited notification of the application to an affected protected customary rights group or affected customary title group even if a rule or national environmental standard precludes public or limited notification of the application.

(4)        In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities.

95F

Status of protected customary rights group

A consent authority must decide that a protected customary rights group is an affected protected customary rights group, in relation to an activity in the protected customary rights area relevant to that group, if—

(a)        the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011; and

(b)        the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.

95G

Status of customarymarine title group

A consent authority must decide that a customary marine title group is an affected customary marine title group, in relation to an accommodated activity in the customary marine title area relevant to that group, if—

(a)        the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3(external link) of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and

(b)        the customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a decision under this section.

104

Consideration of applications

...

(3)        A consent authority must not,—

(c)        grant a resource consent contrary to—

(iv)       wāhi tapu conditions included in a customary marine title order or agreement;

(v)        section 55(2)(external link) of the Marine and Coastal Area (Takutai Moana) Act 2011;

...

165E

Applicationsin relation to aquaculture settlementareas

(1)        No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Māori Commercial Aquaculture Claims Settlement Act 2004(external link)), for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—

(a)        relates to that space and activity; and

(b)       was provided to the trustee under section 13(external link) of that Act.

(2)        A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—

(a)        to the extent that that activity is compatible with aquaculture activities; and

(b)       after consultation with the trustee and iwi in the region.

(3)        Subsection (1) does not affect any application received by a consent authority—

(a)        after 1 January 2005; but

(b)       before the space became an aquaculture settlement area.

(4)        In subsection (2)(b), iwi has the same meaning as in the Māori Fisheries Act 2004(external link).

187

Meaning ofheritage order and heritage protection authority

In this Act—

...

heritage protection authority means—

(a)        any Minister of the Crown including—

(i)         the Minister of Conservation acting either on his or her own motion or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and

(ii)        the Minister of Māori Affairs acting either on his or her own motion or on the recommendation of an iwi authority;

(b)       a local authority acting either on its own motion or on the recommendation of an iwi authority;

....

189

Notice of requirement to territorial authority

(1)        A heritage protection authority may give notice in the prescribed form to a territorial authority of its requirement for a heritage order for the purpose of protecting—

(a)        any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to thetangata whenua for spiritual, cultural, or historical reasons; and

...

(2)        For the purposes of this section, a place may be of special interest by having special cultural, architectural, historical, scientific, ecological, or other interest.

199

Purpose of water conservation orders

...

(2)        A water conservation order may provide for any of the following:

...

(b)       the protection of characteristics which any water body has or contributes to, and which are considered to be outstanding,—

...

(v)      for recreational, historical, spiritual, or cultural purposes;

(c)        the protection of characteristics which any water body has or contributes to, and which are considered to be of outstanding significance in accordance with tikanga Māori.

353

Notices and consents in relation to Māori land

Part 10(external link) of Te Ture Whenua Māori Act 1993 shall apply to the service of notices under this Act on owners of Māori land, except that in no case shall the period fixed for anything to be done by the owners be extended by more than 20 working days under section 181(4)(external link) of that Act, unless otherwise provided by the local authority.

Schedule 1

2 Preparation of proposed policy statement or plan

(1)        The preparation of a policy statement or plan shall be commenced by the preparation by the local authority concerned, of a proposed policy statement or plan.

(2)        A proposed regional coastal plan must be prepared by the regional council concerned in consultation with—

(a)        the Minister of Conservation; and

(b)       iwi authorities of the region; and

(c)        any customary marine title group in the region

 

3 Consultation

(1)        During the preparation of a proposed policy statement or plan, the local authority concerned shall consult—

(a)        the Minister for the Environment; and

(b)       those other Ministers of the Crown who may be affected by the policy statement or plan; and

(c)        local authorities who may be so affected; and

(d)       the tangata whenua of the area who may be so affected, through iwi authorities; and

(e)        any customary marine title group in the area.

(2)        A local authority may consult anyone else during the preparation of a proposed policy statement or plan.

(3)        Without limiting subclauses (1) and (2), a regional council which is preparing a regional coastal plan shall consult—

(a)        the Minister of Conservation generally as to the content of the plan, and with particular respect to those activities to be described as restricted coastal activities in the proposed plan; and

(b)       the Minister of Transport in relation to matters to do with navigation and the Minister's functions under Parts 18 to 27 of the Maritime Transport Act 1994; and

(c)        the Minister of Fisheries in relation to fisheries management, and the management of aquaculture activities.

(4)        In consulting persons for the purposes of subclause (2), a local authority must undertake the consultation in accordance with section 82 of the Local Government Act 2002.

3B Consultationwith iwi authorities

For the purposes of clause 3(1)(d), a local authority is to be treated as having consulted with iwi authorities in relation to those whose details are entered in the record kept under section 35A, if the local authority—

(a)        considers ways in which it may foster the development of their capacity to respond to an invitation to consult; and

(b)        establishes and maintains processes to provide opportunities for those iwi authorities to consult it; and

(c)        consults with those iwi authorities; and

(d)        enables those iwi authorities to identify resource management issues of concern to them; and

(e)        indicates how those issues have been or are to be addressed.

Schedule 3

Class C Water (being water managed for cultural purposes)

The quality of the water shall not be altered in those characteristics which have a direct bearing upon the specified cultural or spiritual values.

Schedule 4

2 Matters that should be considered when preparing an assessment of effects on the environment

Subject to the provisions of any policy statement or plan, any person preparing an assessment of the effects on the environment should consider the following matters:

(a)        any effect on those in the neighbourhood and, where relevant, the wider community including any socio-economic and cultural effects;

(b)        any physical effect on the locality, including any landscape and visual effects;

(c)        any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity;

(d)        any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural, or other special value for present or future generations;

(e)        any discharge of contaminants into the environment, including any unreasonable emission of noise and options for the treatment and disposal of contaminants;

(f)         any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations.

 

 

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