General policy statement

The Resource Management Act 1991 (the principal Act) recognises the role of tangata whenua in various ways. Those exercising power under the law are required to have regard both for kaitiakitanga (section 7(a) of the principal Act) and the principles of the Treaty of Waitangi (section 8 of the principal Act). Consent authorities are required to consult iwi, and to take into account planning documents prepared by them. However, poor integration of iwi management plans into local authority plans and policies leaves Māori no option but to object through the consents process, causing both additional delays and “consultation fatigue”, with few positive outcomes in terms of planning documents.

The purpose of this bill is to strengthen the provisions by which iwi management plans influence regional and district plans and policies, and elevate their status in the planning hierarchy. This will see more weight given to iwi concerns, and encourage front-end participation in planning and the consent process as a whole rather than the current focus on objections to particular consents. The bill also reinforces agreements reached through various treaty settlements to provide for iwi resource management priorities in territorial authority planning documents and policies.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the bill is to come into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the bill amends the Resource Management Act 1991.

Clause 4 sets out the purpose of the bill.

Clause 5 amends sections 61(2A)(a) and 74(2A)(a) to require regional councils and territorial authorities to “recognise and provide for” the contents of iwi management plans, rather than simply take them into account.

Clause 6 amends section 75(2) to allow territorial authorities to state resource management issues of particular interest to local iwi in their district plans.