Catherine Delahunty, in Committee, to move the following amendment:
Clause 42
Replace clause 42(1)(b) (lines 18 to 22 on page 41) with:
Clause 43
In clause 43(2)(h), omit “tangata whenua,”
(lines 21 and 22 on page 43).
In clause 43(2)(h)(ii)replace “occurred.”
(line 29 on page 43) with “occurred:”
.
After clause 43(2)(h) (after line 29 on page 43), insert:
Explanatory note
This Supplementary Order Paper amends the Heritage New Zealand Pouhere Taonga Bill by ensuring that the manawhenua hapū associated with a site would be required to be consulted before an activity could take place. This is to provide a level of protection for sites that look insignificant but may in fact be significant from a Te Tiriti perspective.
The Green Party supports this bill, however, we are concerned that the use of the expression, “if the effects of that activity on the site” will be “no more than minor” in relation to sites that can be modified and destroyed, creates a risk of marginalising manawhenua concerns. Consultation is not required before a site can be modified or destroyed. It is very difficult to assess whether effects will be no more than minor, let alone of importance to tangata whenua, when no on-site investigation has been carried out.