Revamped Agreement Spells Out Iwi Role In Resource Consenting
The Mana Whakahono a Rohe document is recognised under the Resource Management Act and spells out how the council will collaborate with the region's two rūnanga, Ngati Waewae and Makaawhio on issues including wastewater, drinking water, planning and flood protection.
The revised version clarifies and strengthens the role of manawhenua in resource consenting and has drawn objections from the council's former chair Cr Allan Birchfield who first signed the document in 2020.
Cr Birchfield has argued that the intention was to consult the rūnanga on matters important to them, rather than require their approval for every resource consent, which he claims is happening now.
The original agreement says the council will process resource consents in a way that appropriately recognises the effects of activities on Poutini Ngāi Tahu.
The revised clause goes further.
'The parties agree that to ensure timely, efficient and cost-effective resource consent processing, applicants and planners must both recognise and provide for the rights, interests and values of Poutini Ngāi Tahu as manawhenua.'
That is consistent with the principles of the Resource Management Act (RMA), the draft says.
'As such, the council will treat Poutini Ngāi Tahu as an affected party for all applications for resource consent where there is potential for adverse cultural effects, unless it is demonstrated otherwise.'
A new clause, added to the agreement, states that the Council will strongly encourage consent applicants to consult the rūnanga early on, through their environmental entities, Poutini Environmental or Pokeka Poutini Ngāi Tahu.
'Where consultation has not occurred, and a written approval letter has not been supplied, the Council will need to consider limited notification ... to Poutini Ngāi Tahu which can result in increased processing time and costs for applicants."
The draft also spells out how the Council will support monitoring by manawhenua.
'Achieving a culturally relevant monitoring programme will require dedicated and consistent resourcing for Pokeka Poutini Ngāi Tahu Limited ... a specific funding agreement dedicated to environmental cultural monitoring will be needed before this programme can commence."
WCRC chief executive Darryl Lew said last month the agreement and its protocol document, Paetae Kotahitanga ki Te Tai Poutini, were still fit for purpose and needed only minor changes.
Because the council had been through some turbulent times with changes of leadership, key pieces of work had not been done including its practical implementation and the five year review was the opportunity to do that, he said.
Cr Birchfield has argued that the agreement effectively gives iwi a sign-off right that was not intended by the RMA and has added to the delays and costs of obtaining resource consents on the West Coast.
In a supplied statement he said the changes were far from minor.
'The role of Ngāi Tahu is strengthened to having, effectively, the same functions and powers as local government in certain areas.'
However, Ngāi Tahu was not accountable to West Coasters in the same way as local government was, Mr Birchfield said.
A particular issue in the agreement was the use of the term, "joint planning' which elevated Ngāi Tahu to the same level as the council, Mr Birchfield said.
The changed proposal moved the region towards co-governance, and if Ngāi Tahu were to have a greater role in regional government, West Coast electors should be consulted on the changes by way of a referendum, Cr Birchfield said.
The Regional Council says the changed wording in the agreement confers no additional powers on Ngāi Tahu but clarifies the existing rights of manawhenua under the RMA and the Treaty of Waitangi, and operational processes for council staff.
During a meeting in May, Ngāti Waewae representative Francois Tumahai defended the iwi's current role in resource consenting.
Tumahai said the rūnanga were required to give feedback on consent conditions.
'The decision is still made by the consents team on council. We don't make a decision on it,'
The new document with the changes outlined, is available on the WCRC website in the agenda for today's council meeting.
The Council this morning agreed to hold some clauses over for further advice and clarity, and the meeting continues this afternoon.
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