Te Awa Tupua (Whanganui River Claims Settlement) Act 2017

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Schedule 7 Further provisions relating to authorised customary activities

ss 75, 77

Notification requirements

1 Requirement for annual notice

(1)

Not later than 30 November each year, the trustees must give written notice (annual notice) to any relevant authority of—

(a)

the authorised customary activities that will be carried out in the 12-month period beginning on 1 January of the following year; and

(b)

the likely dates and locations of those activities.

(2)

When a relevant authority receives an annual notice, it must not grant a resource consent, permit, or authorisation for an activity at the locations and for the dates specified in the annual notice.

(3)

Subclause (2) applies—

(a)

if the activity for which a resource consent, permit, or authorisation is granted would have the effect of preventing, or would have a significant adverse effect on, the carrying out of the authorised customary activity specified in the annual notice; or

(b)

unless the trustees have given their consent to granting a resource consent, permit, or authorisation.

2 Requirement for confirmation notice

(1)

Not less than 20 working days before an authorised customary activity is to be carried out, the trustees must give written notice to the relevant authority of the exact date on which, and location at which, the authorised customary activity is to be carried out (a confirmation notice).

(2)

If a relevant authority receives a confirmation notice, it must give public notice of the date on which, and location at which, the proposed activity is to be carried out.

(3)

The public notice required by subclause (2) must be given not later than 10 working days before the date on which the authorised customary activity is to be carried out.

3 Significant adverse effects on the environment

(1)

This clause applies if the trustees or the relevant Minister consider that there is, or is likely to be, a significant adverse effect on the environment—

(a)

from the carrying out of an authorised customary activity; or

(b)

that affects the ability of members of Whanganui Iwi to carry out an authorised customary activity.

(2)

The trustees or the relevant Minister may give written notice to the other of the significant adverse effect.

(3)

If written notice is given under subclause (2), the trustees and the relevant Minister—

(a)

must agree a process for investigating and, if necessary, dealing with the significant adverse effect; and

(b)

must work together in a timely and constructive manner to deal with any significant adverse effect or likely significant adverse effect.

(4)

The trustees and the relevant Minister may seek and obtain any information they consider relevant for assessing the nature and extent of the significant adverse effect, including by commissioning any reports.

(5)

In this clause, Minister means—

(a)

the Minister of Conservation in the case of a potential effect on public conservation lands or resources managed under—

(i)

the Conservation Act 1987:

(ii)

the National Parks Act 1980:

(iii)

the Reserves Act 1977; or

(b)

in all other cases, the Minister for the Environment.

4 Arrangements with relevant local authorities

The trustees and relevant local authorities must consider—

(a)

whether customary activities other than the authorised customary activities may, or at any time could,—

(i)

be carried out by members of Whanganui Iwi on the Whanganui River without the need for a statutory authorisation from a local authority:

(ii)

be provided for as permitted activities in relevant regional plans or district plans; and

(b)

developing protocols for the customary practice of placing rāhui (restrictions) on or in relation to any part of the Whanganui River.

5 Exemptions to certain requirements

(1)

In relation to carrying out a tangihanga activity,—

(a)

clauses 1 and 2 do not apply; but

(b)

as soon as is reasonably practicable, the trustees must give written notice to any relevant authority of the time at which, and location at which, that activity will be carried out.

(2)

Coastal occupation or other charges provided for in a regional coastal plan do not apply to members of Whanganui Iwi carrying out an authorised customary activity specified in a confirmation notice given under clause 2.