Section 32 report: Māori values - GW · Section 32 report: Māori values 1392760-V1 PAGE 1 OF 49...

Section 32 report: Māori values For the draft Natural Resources Plan

For more information, contact the Greater Wellington Regional Council:

Wellington PO Box T 04 384 5708 F 04 385 6960 www.gw.govt.nz

Masterton PO Box 41 T 06 378 2484 F 06 378 2146 www.gw.govt.nz

#1392760

September 2014

www.gw.govt.nz [email protected]

Contents

1. Whakapapa (background) 1 1.1 Ara Tahi and the regional plan review 2 1.2 Māori values in the draft Plan 3

2. Overview and purpose 5 2.1 Report methodology 5 2.2 Reference to other evaluation reports 6

3. Resource management issues 6 3.1 Issue 1: Tangata Whenua Relationships with Land and water 6 3.2 Issue 2: Areas and Sites of Significance 7

4. Regulatory and policy context 7 4.1 Legislative background 7 4.1.1 Resource Management Act 7 4.1.2 Settlement legislation 7 4.2 National level 7 4.2.1 National Policy Statement for Freshwater Management 7 4.2.2 New Zealand Coastal Policy Statement 8 4.3 Regional level 9 4.3.1 Regional policy statement 9 4.3.2 Operative Regional Plans 11 4.3.3 Draft regional plan 11

5. Summary of the appropriateness of the objectives 12 5.1 Draft objectives 13 5.1.1 Objective RP.O3 Mauri is sustained and enhanced 13 5.1.2 Objective RP.010 Māori relationships 14 5.1.3 Objective RP.011 Kaitiakitanga 15 5.1.4 Objective RP.019 Mahinga kai 16 5.1.5 Objective RP.024 Ngā Taonga Nui a Kiwa 16 5.1.6 Objective RP.025 Sites of Significance to Mana Whenua 17 5.1.7 Conclusion 18

6. Summary of the appropriateness of the policies, rules and methods 18

6.1 Mauri is sustained and enhanced 18 6.2 Māori relationships with air, land and water 20 6.3 Kaitiakitanga 21 6.4 Mahinga kai 23 6.5 Ngā Taonga Nui a Kiwa 24 6.6 Sites with significant mana whenua values 28

7. Bibliography 29

Appendix A 30 Table 1: Issues 30

Appendix B 31 Table 1: Assessing the appropriateness of the objectives 31

Appendix C 40 Table 1: Identifying alternative policies and methods (rules and other

methods) 40

Section 32 report: Māori values

1392760-V1 PAGE 1 OF 49

1. Whakapapa (background) The review of the regional plan has been conducted in partnership between Wellington Regional Council (WRC) and the six mana whenua iwi of the Wellington region. The establishment of Te Upoko Taiao, the Natural Resources committee responsible for the review, as a partnership body is an innovative process built from the longstanding relationship between Wellington Regional Council and iwi of the region.

Iwi of the region have invested significant time and expertise in development of the Draft Natural Resources Plan for the Wellington region (the draft Plan). Their interest and commitment is evident in policies that explicitly identify Māori values and the places of significance, objectives, rules and methods that give effect to them. Of equal importance is the understanding that in conjunction with Council, mana whenua have reviewed all matters within the compass of the plan review. The result of this partnership approach to the plan review is a draft plan that has taken a significant step forward in giving effect to the requirement for recognition of Māori values and the role of iwi in decision making explicit in Resource Management Act (RMA) and national policy statements and iwi specific treaty settlement legislation.

This relationship was formalised in 1993 with the establishment of Ara Tahi, a governance partnership formed to develop a relationship of mutual benefit based on the Treaty of Waitangi, Te Tiriti o Waitangi. The Ara Tahi Charter of Understanding (1993) replaced by a Memorandum of Partnership (2013) recognised that WRC and iwi shared a common goal in supporting the environmental, social, cultural and economic wellbeing of the region. The Memorandum of Partnership also emphasises Treaty of Waitangi principles of shared decision making, active protection and tribal self-regulation as fundamental to the relationship.

The stronger relationships resulting from the formation of Ara Tahi enabled the development of new and more operational expressions of partnership and a better understanding of how the partnership could best give effect to legislative requirements of the RMA, Local Government Act (LGA) and treaty settlement. The Regional Policy Statement for the Wellington region (RPS), which sets the policy framework for regional resource management, identified the most important issues shared by mana whenua and established objectives for local Government to achieve them.


PAGE 2 OF 49 1392760-V1

These issues are the following:

1. Kaitiaki decision making: Lack of tangata whenua involvement in resource management decision-making

2. Loss of mauri: Loss of mauri, particularly in relation to fresh and coastal waters

3. Mahinga kai: Continuing loss of quality, quantity, and access to mahinga kai and natural resources used for customary purposes

4. Wahi tapu: Degradation and destruction of places, sites and areas with spiritual, cultural or historic heritage value to tangata whenua.

1.1 Ara Tahi and the regional plan review Ara Tahi identified that the mauri of water is a matter of the greatest concern, fundamental to the wellbeing of the region. They determined to develop a combined iwi management plan for fresh water that identified Māori values and provided direction to regulatory authorities, resource planners and users as to how these should be utilised to support improved water quality. Their principle intention was to have regulatory effect on resource use activities affecting water. As the development process got underway Ara Tahi became aware of the limitations of legislation supporting iwi management plans which required that Councils only give consideration to plans submitted by iwi.


1392760-V1 PAGE 3 OF 49

In light of this understanding Ara Tahi recognised that they would have greater regulatory effect through direct involvement in the review of the regional plans. Ara Tahi also wished to ensure that not only would long standing mana whenua issues be recognised in the plan but thatspecific objectives and methods would be carried through to implementation. This decision led to the formation of Te Upoko Taiao ( which can be translated as The Environmental Leadership Group) Natural Resource Planning Committee as a partnership committee for the review of the regional plan. The establishment of Te Upoko Taiao was acknowledged as an innovative and progressive resource management partnership at the 2012 Institute of Public Administration New Zealand awards for Iwi – Crown partnerships, and also received the Geok Ling Phang Memorial award from the New Zealand Plannning Institute in 2010.

The review of the Ara Tahi Charter of Understanding as a Memorandum of Partnership has also been formative in setting the context for the plan in that it expresses the intention of iwi and WRC to have a more operational partnership. This was considered very important in responding to an increased expectation identified through national legislation, treaty settlements and local policy development processes that mana whenua concerns would be addressed.

1.2 Māori values in the draft Plan The recognition of Māori values and mana whenua interests in water are integral to the draft Plan. This is due to the deliberate approach of the plan review process which has sought to integrate mana whenua perspectives through the partnership with mana whenua as appointed members to the review process. All matters pertaining to the plan review have been considered by mandated mana whenua appointees in conjunction with councillors. Individual mana whenua groupings have been engaged as partners to ensure their views are formative in the process and kaitiaki fora established to develop and test that proposed approaches are reflective of partnership.

The draft Plan has developed objectives in response to issues identified by mana whenua in the RPS. These issues and the objectives, policies, rules and methods that respond to them are interrelated and need to be understood together. They combine people and place with values and intend to support the role of mana whenua as decision makers and kaitiaki in providing for their values and supporting the mauri of the region in partnership with local government, resource users and the general community. The integration of Māori values occurs at three different scales in the draft Plan—regional, catchment and site specific. This pyramid illustrates these scales:


PAGE 4 OF 49 1392760-V1

Regional: Objectives, policies and methods have been developed that require mana whenua decision making, recognise mana whenua roles as kaitiaki and specify Māori use and mahinga kai values as overarching values that all water will be managed for. Mana whenua of the region have supported the inclusion of mahinga kai and Māori use as fundamental precepts for the management of all water in order to provide for the intrinsic nature of their values throughout the water cycle and the mauri of the region’s fresh and coastal waters. The review process has enabled mana whenua committee members to review all policies in the draft plan. An example of this is the review of all permitted activity conditions pertaining to activities in the beds of lakes and rivers to ensure that impacts on mahinga kai species are limited.

Catchment: Recognition of mana whenua relationships with their most significant entities; rivers, lakes and harbours is provided through Ngā Taonga Nui a Kiwaprovisions. Ngā Taonga Nui a Kwia provisions support iwi relationships with these places through increased involvement in decision making, the monitoring of mana whenua values and restoration. The whaitua chapters in the plan will provide further recognition of mana whenua values through increased specificity as to how both individual waterways and whole catchments will be managed. This will include the development of catchment and sub catchment specific rules and methods to provide more specific responses to the protection of values. The whaitua chapters will address ngā kawa, tikanga and tohu a iwi (iwi specific constructs, processors and indicators) and specify how these will apply to local regulation and non-regulatory processes that support the identification and achievement of water quality limits within the whaitua.


1392760-V1 PAGE 5 OF 49

Site: The draft Plan also provides greater protection for specific sites scheduled for mana whenua values through more stringent rules that restrict activities at scheduled sites. Iwi kaitiaki have been involved in the development of the draft natural resources plan. Each iwi authority nominated a representative to work to identify their values and interests in water, to advise on the development of water management provisions and identify sites of significance and Ngā Taonga Nui a Kiwa for scheduling. Mana whenua will have an increased role in limiting and managing adverse effects on scheduled places and associated values including mahinga kai and their relationship with Ngā Taonga Nui a Kiwa.

2. Overview and purpose This section is the analysis of the appropriateness of the draft mana whenua objectives, polices and methods contained in the draft regional plan.

This should be read in conjunction with other evaluation reports to understand the context and approach for evaluation undertaken for the development of the draft Plan.

2.1 Report methodology Section 32(2) of the RMA states:

(2) An assessment under subsection (1)(b)(ii) must—

(a)identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—

(i)economic growth that are anticipated to be provided or reduced; and

(ii)employment that are anticipated to be provided or reduced; and

(b)if practicable, quantify the benefits and costs referred to in paragraph (a); and

(c)assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions

This section of the report is a discussion about the methodology chosen to evaluate the extent to which the draft provisions (policies, rules and other methods) are the most effective and efficient means of achieving the draft objectives. The discussion will focus on how WRC identified and assessed the benefits and costs of the full range of the effects anticipated from the implementation of the provisions.

The analysis of these plan provisions is qualitative. There is currently no baseline of quantitative data about mana whenua values for the regional plan. Development of an information and monitoring strategy consistent with


PAGE 6 OF 49 1392760-V1

Mātauranga Māori is one of the goals for the new natural resources plan. We expect to gather quantitative data over the life of the new regional plan. The draft provisions are based on the strong values held by the region’s mana whenua. Kaitiakitanga does not fit neatly into a Resource Management Act framework, but the draft provisions provide for it. The wider regional community has indicated that they would like to see an improvement in environmental quality; this view is shared by mana whenua. The draft regional plan reflects these shared values, but expresses them in both Māori and Pākehā ways.

2.2 Reference to other evaluation reports As much as possible, Māori values have been integrated into the draft Plan. Therefore, there are a number of related section 32 evaluation reports including the following:

Section 32 report: indigenous biodiversity Section 32 report: recreation and public access Section 32 report: sites with significant values Section 32 report: use and development of the coast Section 32 report: activities in the coastal marine area Section 32 report: ki uta ki tai Section 32 report: other land uses and discharges Section 32 report: discharges to water Section 32 report: water quality

3. Resource management issues Two significant regional resource management issues relating to mana whenua values have been identified for the regional plan review. The relevance and significance of these issues is discussed below. An Issues Table summarising the discussion is included in Appendix A to this report.

3.1 Issue 1: Tangata Whenua Relationships with Land and water The relationship of tangata whenua with land and water is adversely affected by the inappropriate use and/or degradation of natural and physical resources.

The traditional relationships of tangata whenua with their land and water are recognised in the Resource Management Act as a matter of national importance. The relationships of tangata whenua with their ancestral water and land are complex and encompass spiritual as well as resource use and management concepts, including recognition such as the mauri of water and land.

Kaitiaki is held by whanau, hapū and iwi recognising that iwi have a role to play to maintain and enhance their natural and physical resources for current and future generations, shelter, cultural rituals and practices. Kaitiakitanga or the idea of guardianship is the recognition that people have a part to play as guardians to maintain and enhance their natural and physical resources for current and future generation.


1392760-V1 PAGE 7 OF 49

Mauri is the life force that exists in all things in the natural world, including people. Mauri comprises both physical and spiritual qualities and can be harmed by pollutants and by development which diminishes the natural character, life-supporting capacity and ecosystem health activities. For example, the health and vitality of the sea, streams and rivers and the plants and animals they support can be threatened by activities such as discharges of pollutants, stormwater, sewage and runoff of contaminants from land; excessive water use; changing the course of water bodies or diverting water between catchments or rivers.

3.2 Issue 2: Areas and Sites of Significance There are areas and sites of significance to tangata whenua that are at risk of degradation or are threatened by human activities.

Places, sites and areas that are associated with Māori histories, traditions and tikanga are sites of heritage value. These sites are important and valued because of the historical and traditional practices and events that are associated with them. They are an integral part of the region’s heritage and provide links between the past, present and future generations.

Some heritage sites are wāhi tapu, sacred places of immense importance. Places can be considered sacred because of past events or activities (such as a battle or ceremony), where the whenua (placenta) is returned to the earth, or where a valued resource is found. The identification of these heritage values rests with iwi, hapū, whanau and marae in accordance with their kaitiaki responsibilities.

4. Regulatory and policy context

4.1 Legislative background

4.1.1 Resource Management Act Section 6(e) in Part 2 of the Resource Management Act requires that “the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga” be recognised and provided for as a matter of national importance. Kaitiakitanga must be given particular regard to under section 7(a). Section 8 requires that the principles of Te Tiriti o Waitangi (the Treaty of Waitangi) be taken into account.

4.1.2 Settlement legislation

There are two settlement acts that apply in the Wellington region—the Ngāti Toa Rangatira Claims Settlement Act 2014 and the Port Nicholson Block (Taranaki Whānui kit e Upoko o Te Ika) Claims Settlement Act 2009. Both of these acts require that statutory acknowledgements be appended to the regional plan. Further settlement legislation is expected during the life of the new regional plan.

4.2 National level

4.2.1 National Policy Statement for Freshwater Management The National Policy Statement for Freshwater Management 2014 (NPS-FW) “is about recognising the national significance of fresh water for all New


PAGE 8 OF 49 1392760-V1

Zealanders and Te Mana o te Wai.”1 There is one objective and one policy specific to recognising mana whenua interests in freshwater management:

Objective D1

To provide for the involvement of iwi and hapū, and to ensure that tāngata whenua values and interests are identified and reflected in the management of fresh water including associated ecosystems, and decision-making regarding freshwater planning, including on how all other objectives of this national policy statement are given effect to.

Policy D1

Local authorities shall take reasonable steps to:

a) involve iwi and hapū in the management of fresh water and freshwater ecosystems in the region;

b) work with iwi and hapū to identify tāngata whenua values and interests in fresh water and freshwater ecosystems in the region; and

c) reflect tāngata whenua values and interests in the management of, and decision-making regarding, fresh water and freshwater ecosystems in the region.2

4.2.2 New Zealand Coastal Policy Statement Objective 3 of the New Zealand Coastal Policy Statement 2010 (NZCPS) requires that we “take account of the principles of the Treaty of Waitangi, recognise the role of tangata whenua as kaitiaki and provide for tangata whenua involvement in management of the coastal environment” through the following:

recognising the ongoing and enduring relationship of tangata whenua over their lands, rohe and resources;

promoting meaningful relationships and interactions between tangata whenua and persons exercising functions and powers under the Act;

incorporating mātauranga Māori into sustainable management practices; and

recognising and protecting characteristics of the coastal environment that are of special value to tangata whenua.3

Policy 2 The Treaty of Waitangi, tangata whenua and Māori heritage

In taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), and kaitiakitanga, in relation to the coastal environment:(a) recognise that tangata whenua have traditional and continuing cultural relationships with areas of the coastal environment…

1 p 6 2 p 18 3 p 9.


1392760-V1 PAGE 9 OF 49

(b) involve iwi authorities or hapū on behalf of tangata whenua in the preparation of … plans, (c) … incorporate mātauranga Māori in … plans, (f) provide for opportunities for tangata whenua to exercise kaitiakitanga over waters, forests, lands, and fisheries in the coastal environment through such measures as:

(i) bringing cultural understanding to monitoring of natural resources; (ii) providing appropriate methods for the management, maintenance and protection of the taonga of tangata whenua;…

(g)(ii) provide for the identification, assessment, protection and management of areas or sites of significance or special value to Māori.4

4.3 Regional level

4.3.1 Regional policy statement Objective 23 of the RPS seeks to ensure the development and maintenance of a collaborative relationship between mana whenua, WRC and the territorial authorities of the region in the sustainable management of the region’s natural and physical resources. Objectives 24-28 of the RPS recognise the principle tenets and foundations of Māori culture, such as the concept of kaitiakitanga and mauri, as integral to a collaborative model of sustainable resource management, and a commitment to the maintenance of the cultural relationship Māori have with their ancestral lands, water, sites, wāhi tapu and other taonga.

In order to achieve the objectives of the RPS, policy 48 provides for particular regard to be given to the principles of the Treaty of Waitangi and any Waitangi Tribunal reports and settlement decisions relating to our region when considering a resource consent or plan change. Policy 49 is more specific still and directs that matters of significance to tangata whenua, such as the exercise of kaitiakitanga, be recognised and provided for. Non-regulatory method Policy 66 underlines the importance of enhancing Māori involvement in resource management decision-making.

The following objectives and policies in the operative Regional Policy Statement relate to mana whenua priorities for and involvement with resource management:

Objective 23 The region’s iwi authorities and local authorities work together under Treaty partner principles for the sustainable management of the region’s environment for the benefit and wellbeing of the regional community, both now and in the future.

Objective 24 The principles of the Treaty of Waitangi are taken into account in a systematic way when resource management decisions are made.

4 p 11-12


PAGE 10 OF 49 1392760-V1

Objective 25 The concept of kaitiakitanga is integrated into the sustainable management of the Wellington region’s natural and physical resources.

Objective 26 Mauri is sustained, particularly in relation to coastal and fresh waters.

Objective 27 Mahinga kai and natural resources used for customary purposes, are maintained and enhanced, and these resources are healthy and accessible to tangata whenua.

Objective 28 The cultural relationship of Māori with their ancestral lands, water, sites, wāhi tapu and other taonga is maintained.5

Policy 48: Principles of the Treaty of Waitangi – consideration

(a) When considering an application for a resource consent, notice of requirement, or a change, variation or review of a district or regional plan, particular regard shall be given to:

(b) the principles of the Treaty of Waitangi; and

Waitangi Tribunal reports and settlement decisions relating to the Wellington region.

Policy 49: Recognising and providing for matters of significance to tangata whenua – consideration

When preparing a change, variation or review of a district or regional plan, the following matters shall be recognised and provided for:

(a) the exercise of kaitiakitanga;

(b) mauri, particularly in relation to fresh and coastal waters;

(c) mahinga kai and areas of natural resources used for customary purposes; and

(d) places, sites and areas with significant spiritual or cultural historic heritage value to tangata whenua.6

Policy 66: Enhancing involvement of tangata whenua in resource management decision-making – non-regulatory

5 p 75-6 6 p125-8.


1392760-V1 PAGE 11 OF 49

To enhance involvement of tangata whenua in resource management decision-making by improving opportunities for iwi authority representatives to participate in local authority decision-making.7

4.3.2 Operative Regional Plans The operative regional plans had some good intentions, but not enough follow-through to be effective in recognising and providing for the relationship of Māori with natural resources. The Coastal Plan has a number of objectives and policies relating to tangata whenua matters, except the policies do not explicitly protect values significant to tangata whenua. One policy is to record the location of significant sites, but it has not been implemented. The objective that recognises and provides for tangata whenua values limits it only to when it is “practicable”. The Freshwater Plan has one method about investigating methods of identifying sites and consider including them in the Plan via a plan change, but it has also not been implemented. Another method about tangata whenua participation in resource consents does occur. The operative regional plans have not been specific enough to be effective.

4.3.3 Draft regional plan The draft Plan has been developed in partnership with mana whenua of the Wellington region. Wellington Regional Council recognises that Māori have a unique perspective on resource management and these concepts have been integrated into the draft Plan.

The draft Plan has identified Māori values at different scales. Mauri, often described as the intrinsic and regenerative life force inherent in everything, is an example of a primary value shared by all Māori of the region. The mauri of fresh water, in particular, is regarded by mana whenua as the basis for all wellbeing. At a regional scale, the draft Plan identifies mauri as a principle and overarching objective by requiring that the mauri of all fresh and coastal water is maintained and improved.

Also at a regional scale, the draft Plan requires that all water be managed for the shared values of aquatic ecosystem health and mahinga kai, and contact recreation and Māori use. The draft Plan defines these Māori values as follows:

Mahinga kai – The customary gathering of food and natural materials, the food and resources themselves and the places where those resources are gathered.

Māori use – The interaction of Māori with fresh and coastal water for cultural purposes. This includes the cultural and spiritual relationship with water expressed through Māori practices, recreation and the harvest of natural materials.

These values are regarded by Māori as important indicators of the health or mauri of the natural world, and the draft Plan supports the identification, measurement and protection of these values. This requires all resource users to

7 p 145


PAGE 12 OF 49 1392760-V1

consider Māori values when their resource use may affect fresh or coastal water. For example, an application to extract gravel may require the user to consider the effect the proposed activity may have on mahinga kai species.

Mana whenua are Māori with ancestral claims to a particular area of land and resources. Kaitiakitanga is the role of mana whenua in sustaining mauri and upholding their customary responsibilities. The draft Plan recognises this role and supports the management of natural resources in accordance with Māori principles and practices. The draft Plan also supports the involvement of mana whenua in resource management planning and decision making.

Mana whenua values in the draft Plan provide for the relationship of the region’s six iwi with land and water. These relationships are fundamental to the identity and wellbeing of mana whenua, who derive their status as mana whenua and their responsibilities for maintaining customary authority over their tribal area directly from their association with their environment.

At a catchment scale mana whenua have identified Ngā Taonga Nui a Kiwa, entities of particular importance to them, in schedules for the draft Plan. The draft Plan encourages protection and enhancement of the relationship between mana whenua and Ngā Taonga Nui a Kiwa through involvement in decision making about these entities. Mana whenua are naturally the best source of information regarding their values and how to give effect to them.

Mana whenua have also identified sites of significance at a smaller scale, which are scheduled in the draft Plan. The schedules list the values that mana whenua wish to be protected in these areas and they are supported by rules and methods that will enable values to be protected or enhanced. The rules place restrictions on certain activities to ensure protection of mana whenua values in their most significant places. For example, the discharge of contaminants into a site of significance to mana whenua is discouraged and requires consent as a non-complying activity.

The draft Plan proposes that iwi are supported to engage with the community to share their knowledge and promote a broader understanding of their values. Mana whenua are also integral to the development of the whaitua chapters in the draft Plan. These chapters will specify water quality and quantity limits for the six largest catchments in our region and recommend rules and methods that will enable local communities to achieve them. Understanding what Māori values are, and showing how they are provided for in when setting catchment scale water quality and quantity limits is a legislative requirement of the regional plan process.

5. Summary of the appropriateness of the objectives Section 32(1)(a) requires that an evaluation report must “examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of the Act”. Also of relevance to this part of the assessment is section 32(3) which states that the evaluation of the appropriateness of the objectives must relate to:


1392760-V1 PAGE 13 OF 49

(a) the provisions and objectives of the amending proposal; and

(b) the objectives of the existing proposal to the extent that those objectives;

(i) are relevant to the objectives of the amending proposal; and

(ii) would remain if the amending proposal were to take effect.

The following assessment and the accompanying Appendix B seeks to provide an assessment against both relevant sections of the Act.

The appropriateness test applied consists of four standard criteria: relevance, usefulness, reasonableness and achievability. These criteria can be summarised as follows:

Relevance – is the objective related to addressing a resource management issues? Will it achieve one or more aspects of the purpose and principles of the Resource Management Act?

Usefulness – will the objective guide decision-making? Does it meet sound principles for writing objectives?

Reasonableness – what is the extent of the regulatory impact imposed on individuals, businesses or the wider community?

Achievability – can the objective be achieved with tools and resources available, or likely to be available, to the local authority?

The existing operative objectives have been analysed against the appropriateness criteria to provide guidance as to what degree the objectives required amendment (if any) to achieve the purpose of the Act, and give effect to the relevant statutory documents. In response to this assessment, some amendments have been proposed.

5.1 Draft objectives A brief description of each of the proposed objectives is provided below. Appendix B provides a summary evaluation of the appropriateness of the proposed and operative objectives against all four criteria discussed above.

5.1.1 Objective RP.O3 Mauri is sustained and enhanced

Mauri is sustained and enhanced, particularly the mauri of fresh and coastal waters.

This objective represents the primary interest of mana whenua who are seeking to enhance, not just maintain, the mauri of fresh water as the fundamental source of wellbeing for the region. In this respect, this objective is in alignment with their role as kaitiaki in draft objective RP.O11.

The objective is intended to guide decision making by ensuring that the mauri of the region’s natural resources, particularly our fresh and coastal water resources, should be enhanced and not be further degraded; and that


PAGE 14 OF 49 1392760-V1

consideration is given to the relationship mana whenua have with the natural environment when activities that may have an adverse impact on the mauri of the natural environment. Māori consider all things in the natural world to have mauri (life force) and wairua (a spiritual dimension). Each of the rivers in the region has its own mauri. The mixing of water from two different sources such as two different rivers or water that contains or has contained human, animal, toxic or industrial waste is considered counterproductive to a river’s health and jeopardises that waterway’s mauri.

Mauri is a principle and fundamental objective that links mana whenua roles, values and aspirations as kaitiaki with resource management practice and measurement of the health of the environment. Mana whenua determine the mauri of the region’s water through their role as kaitiaki and their ability to sustain attendant values including mahinga kai, wāhi tapu and wāhi tupuna/tipuna. In this way the objective of sustaining and enhancing the mauri of the region’s freshwater must be seen as integral to the plan as a whole and particularly contingent on the implementation of other Māori objectives and attendant polices.

Mauri is addressed directly in objective RP.O54: Discharges of wastewater containing human effluent to fresh water and coastal water avoid the adverse effects on mana whenua and community values. The associated policy LW.P77 wastewater discharges requires that community wastewater systems discharge to land. The policy also emphasises consultation with mana whenua in identifying other mechanisms for reducing the impact of wastewater on the mauri of fresh water.

By enhancing the relationship of mana whenua with the region’s natural resources, these objectives will give effect to section 6 and 7a of the Act and its purpose.

5.1.2 Objective RP.010 Māori relationships

Māori relationships with air, land and water are recognised and adverse effects on these relationships are minimised.

This objective restates requirements and expectations for Māori relationships with land and water specified in RMA (sections 6(e) and 6(g)), the NPS-FW (Objective and Policy D1) and RPS (Objective 15 and Policies 21, 22 and 46). The proposed objective requires regulatory authorities and applicants to inform themselves of and better understand Māori relationships with the environment and to provide for them in resource management processes, activities and decision making. RP.O10 is closely linked to RP.O3 and RP.O11.

Māori relationships with air, land and water are traditionally connected to people’s identity and wellbeing. The environment is not seen as a separate entity, but something intrinsically linked to people. Mana whenua of a given area enact their authority over the land and water to ensure that the mauri of their environment is supported in accordance with their kaupapa (principles) and tikanga (practices). Lack of recognition of Māori perspectives, values, roles and relationships in resource management has driven implementation of new national policy and treaty settlement legislation to provide redress.


1392760-V1 PAGE 15 OF 49

The proposed objective requires regulatory authorities and applicants to inform themselves of and better understand tangata whenua relationships with the environment and to provide for them in resource management processes, activities and decision making.

The RPS makes it clear that the identification of places, sites and areas with significant spiritual or cultural historic values to tangata whenua rests with iwi, hapū, whanau and marae in accordance with their kaitiakitanga responsibilities. For this reason, the ongoing successful implementation of policies, rules and methods required for the achievement of this objective is also intrinsically related to the implementation of policies and methods to achieve Objective RP.011, Kaitiakitanga.

5.1.3 Objective RP.011 Kaitiakitanga

Kaitiakitanga is recognised and tangata whenua actively participate in planning and decision making.

Kaitiakitanga refers to the kaupapa (principles) and tikanga (practices) by which tangata whenua give effect to their responsibilities as mana whenua in providing for the mauri of their environment and community. Kaitiaki roles and responsibilities include all fields of human activity from advocacy and spiritual guidance to the physical protection, monitoring and restoration of specific places, entities and concepts. Kaitiaki are recognised and valued by mana whenua as repositories and providers of knowledge, skills and physical strength who care for the environment and by extension the people.

The objective requires mana whenua to be actively involved in resource management decision making. Kaitiakitanga is regarded as matter to which decision makers should have particular regard under section 7(a) the RMA. It is related to Policy 66 of the RPS, which seeks to ensure that the involvement of mana whenua in decision making is enhanced. Methods 13, 19, 32, 33 and 38 of the RPS, each of which emphasise the role of mana whenua in decision making in various areas of resource management, are also given effect to in the development of this objective. Proposed objective RP.O11 also seeks to give effect to objective D1 and policy D1 of the NPS-FW in respect of the management of freshwater resources in the region.

The draft Plan seeks to implement operative kaitiakitanga. Method 2 will develop a monitoring and information strategy inclusive of Māori values, which will inform resource management decision making.

The participation of iwi mandated representatives on Te Upoko Taiao, the Natural Resources Committee of Wellington Regional Council responsible for the regional plan review is one important mechanism supporting iwi decision making in the region. The partnership intends to ensure that all aspects of the regional plan are informed by mana whenua perspectives, an approach further augmented through the whaitua chapters in the plan, which are in turn informed by local hapū and iwi values. The Committee is made up of six elected councillors and six iwi representatives and is jointly chaired by a councillor and an iwi mandated representative.


PAGE 16 OF 49 1392760-V1

5.1.4 Objective RP.019 Mahinga kai

Mahinga kai in rivers, lakes, natural wetlands and the coastal marine area is maintained and restored so that taonga species are:

a) Safe to eat and free of pollutants that can cause harm to the species and to people;

b) Suitable for a range of cooking/preparation techniques and will elevate the mana of tangata whenua if served on a marae; and

c) Available in quantities to support Māori customary harvest for hui.

Threats to mahinga kai and natural resources include degradation of water quality in fresh water and marine environments through poor stormwater, sewage and run off management; loss of water resources and associated ecosystems through water abstraction, drainage and flood management works; and exclusion from access to sites where cultural resources are found.

This objective describes an outcome whereby resources are managed so as to ensure that cultural resources found in our lakes, wetlands and coastal areas are of a quality and abundance good enough to support cultural as well as physical and social health and wellbeing.

Given that the threats to the health, quality and quantity of mahinga kai in our fresh and coastal waters is affected by such a broad range of activities, the achievement of this objective is interconnected and indeed dependent on not just the achievement of the other objectives associated with Māori values, but also those describing outcomes for water quality and land use management more generally. The monitoring and information strategy described in method 2 will be used to measure achievement of this objective.

The objective is related to both issues discussed earlier in this report, section 5 and 6(e) of the RMA, and seeks to give effect to Policy 49 of the RPS which states that mahinga kai and areas of natural resources used for customary purposes shall be recognised and provided for.

5.1.5 Objective RP.024 Ngā Taonga Nui a Kiwa

To protect and restore the relationship of mana whenua with Ngā Taonga Nui a Kiwa.

This proposed objective emphasises the importance of mana whenua relationships with their most significant entities and requires that these relationships are provided for in the resource management of these places. The objective recognises that iwi identity and well-being is inextricable from that of Ngā Taonga Nui a Kiwa and requires applicants and regulatory authorities to provide mana whenua with opportunities to limit adverse effects on these place and their associated values.

Ngā Taonga Nui a Kiwa are those most important places from which mana whenua derive cultural and spiritual identity, their status as mana whenua and


1392760-V1 PAGE 17 OF 49

associated responsibilities, including those of kaitiaki. These places are in most instances the larger entities; rivers, lakes, estuaries and harbours that have a long history of multiple and complex resource use associated with large populations. As a result they are some of the more degraded places in our region evidenced by poorer water quality and greater pressure on resources.

Mana whenua relationships with Ngā Taonga Nui a Kiwa are increasingly recognised through treaty settlements due to the significant displacement and loss that occurred through colonisation. The Crown acknowledges that their actions led to iwi losing their traditional relationships and interactions with their taonga and legislation requires (with varying levels of specificity) that regulatory authorities recognise and provide for the restoration of these.

Long term, mana whenua would like Ngā Taonga Nui a Kiwa to be pristine and protected in the same way outstanding freshwater bodies are protected in the draft regional plan, but they recognise that this is not practical or achievable within the life of this regional plan. In a sense, the kaitiaki see Ngā Taonga Nui a Kiwa as a list of priorities for restoration, particularly for the whaitua to note. In this regard identifying Ngā Taonga Nui a Kiwa can assist the whaitua in their discussions at the catchment scale. Key in this is that these sites should be the focus of actions to restore their status by improving their condition over time, even beyond the expected lifespan of this regional plan.

Ngā Taonga Nui a Kiwa aligns with the policy direction set by the Memorandum of Partnership, RMA, NPS-FW, NZCPS, RPS and treaty settlements in that it seeks a relational rather than a regulatory outcome in the first instance. Mana whenua seek recognition of the importance of natural resources to them and shared decision making for their most important relationships.

5.1.6 Objective RP.025 Sites of Significance to Mana Whenua

Sites with significant mana whenua values are protected and restored.

This objective is directly related to Issue 2 above, and gives effect to section 6(e) and (f) of the RMA, and Policy 49 of the RPS. It acknowledges that many places in the region are associated with Māori histories, traditions and tikanga. These sites have heritage as well as cultural value and importance because of the historical and traditional practices and events associated with them. Sites with significant tangata whenua values include tauranga waka (canoe landing places), residential sites such as pā, marae and papakainga and urupā (burial sites).

The RPS makes it clear that the identification of places, sites and areas with significant spiritual or cultural historic values to tangata whenua rests with iwi, hapū, whanau and marae in accordance with their kaitiakitanga responsibilities. For this reason, the ongoing successful implementation of policies, rules and methods required for the achievement of this objective is also intrinsically related to the implementation of policies and methods to achieve Objective RP.O11, Kaitiakitanga.


PAGE 18 OF 49 1392760-V1

5.1.7 Conclusion The proposed alternative objectives are relevant as they:

Give appropriate effect to the RMA, the RPS, the NZCPS and the NPS-FW in respect of tangata whenua values and their recognition and protection

Use language and terminology that is consistent with the RMA, the NPS-FW, the NZCPS and the RPS

Reflect current best cultural practice, information, research and data

The proposed alternative objectives are useful in achieving the purpose of the Act as they are:

Consistent with the guidance and direction provided in the RPS and the NPS-FW

Provide decision makers with assessment tools that will enable consistent and comprehensive consideration the impacts of activities on values important to tangata whenua in the region.

An assessment of the proposed objectives against the relevant tests is included in Appendix B of this report.

6. Summary of the appropriateness of the policies, rules and methods The discussion of the policies and methods to achieve the objectives has been organised according to the objectives the policies and methods are seeking to achieve. These are the enhancement of mauri; recognition of mana whenua relationships with air, land and water; recognition of kaitiakitanga; protection and restoration of the relationships of mana whenua with Ngā Taonga Nui and Kiwa; and protection and restoration of sites with significant mana whenua values.

Appendix C provides summary tables of the reasonably practicable options for achieving the objectives and the purpose of the RMA. The following sections below undertake a more detailed analysis of the appropriateness of the objectives, policies and methods, including rules and schedules, of the preferred option in each case.

6.1 Mauri is sustained and enhanced The protection of mauri is identified in operative plan objectives and policies supporting the relationship of tangata whenua with fresh water. Waste and storm water policies in operative plans allow for continued discharge of sewage to freshwater and stormwater as a permitted activity. As contamination and the mixing of waters are the primary means by which mauri is diminished, the operative plans are not able to demonstrate or provide for the protection of mauri.


1392760-V1 PAGE 19 OF 49

The draft Plan goes further both in intention and practice by requiring that mauri is sustained and enhanced. Supporting policies directly address the primary issue of contamination and the mixing of waters; wastewater discharges are encouraged to go to land, stormwater discharges are no longer permitted activities and the mixing of waters is regarded as inappropriate. The draft Plan also provides for mauri through increased recognition of the Māori values that support it and the role of mana whenua in decision making and monitoring. Principle examples of this include the inclusion of mahinga kai and Māori use as overarching values for which fresh and coastal waters will be managed for, the identification of places of significance for mana whenua and Māori values at a range of scales and the development of indicators for Māori values that enable mana whenua to measure the mauri of fresh water.

Mauri will be recognised at a catchment scale through the whaitua committee process which is a primary method that derives from objective RP.O1 ki uta ki tai, which requires land, freshwater bodies and the coast to be managed as integrated and connected resources. Through these objectives and whaitua processes, mana whenua values for land and water will be identified and limits, rules and methods developed to provide for them.

There are a number of draft Plan provisions that could sustain and enhance mauri. The table below shows the most relevant objectives, policies, methods and schedules:

Objective: RP.O3: Mauri

RP.O54: Discharges of wastewater

RP.O1 Ki Uta ki Tai

Policies: GP.P19: Mauri

GP.P20 Māori values

GP.P21 Exercise of kaitiakitanga

GP.P22 Statutory acknowledgements

LW.P64:Mixing waters

LW.P77 Wastewater Discharges

Methods: M2: Kaitiaki information and monitoring strategy

M6: Whaitua

M7: NPS Freshwater Management strategy

M17: Wetlands

M18: Integrated management of the coast

M20: Understanding and providing for mana whenua values and relationships

M20a: Encouraging the involvement of kaitiaki

M21: Improving water quality in priority water bodies

Schedule B: Ngā Taonga Nui a Kiwa

Schedule D: Statutory Acknowledgements

D1: Statutory Acknowledgements from the Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Act 2009

D2: Statutory Acknowledgements from the Ngati Toa Rangatira Claims Settlement Act 2014


PAGE 20 OF 49 1392760-V1

6.2 Māori relationships with air, land and water The draft Plan as a whole directly and specifically responds to the key issues identified by mana whenua in the regional plan review. This enables the draft Plan to move beyond the supportive approach of the operative plan and more clearly direct responses that enable and improve Māori relationships with air, land and water.

The achievement of the objective is also assisted through policy GP.P1 that identifies the catchment as the spatial unit for land and water management. This is known to mana whenua as ki uta ki tai, which roughly translates as ”from the mountains to the sea.” It enables an inclusive and all-encompassing approach that is consistent with and a prerequisite for responding to the loss of mauri as applied to fresh and coastal waters.

Recognition of iwi interests in water is provided through a number of mechanisms in the plan including a more restrictive approach to the discharge of wastes and storm water. The foremost of these is the plan review process itself which has sought to integrate mana whenua perspectives through the inclusion of iwi as appointed members to the review process. All matters pertaining to the plan review have been considered by mandated iwi appointees in conjunction with Councillors. Individual iwi have been engaged as partners to ensure their views are formative in the process and kaitiaki fora established to develop and test approaches reflective of partnership.

These responses are integrated throughout the draft Plan and are not restricted to the sections that present Māori objectives and policies. This deliberate approach derives from the overview mana whenua have had in applying their values to all aspects of plan development as members of Te Upoko Taiao Natural Resource Committee. The committee also wished to emphasise the significant common interests, benefits and responsibilities that derive from the integration of Māori values, along with those of community into all elements of the plan. The challenge of an integrated approach is that inclusion does not result in the sublimation of the minority perspective. To this end whilst Māori values are often implicit in that they have formed an element of the plan not necessarily identifiable as Māori, they are also clearly explicit where the construct best expresses the values as they apply to mana whenua relationships with the environment. Examples of both of these are evident in the values (eg; combined values – aquatic eco system health and mahinga kai), objectives (eg; mauri) and policies (eg; storm water as a controlled activity) of the plan.

There are a number of draft Plan provisions that specifically recognise Māori relationships with air, land and water, and minimise adverse effects on those relationships. The table below shows the most relevant specific policies, methods and schedules:


1392760-V1 PAGE 21 OF 49

Objective: RP.O10: Mana whenua relationships with air, land and water are recognised and adverse effects on these relationships are minimised.

Policies: GP.P1: Ki uta ki tai

GP.P19: Mauri

GP.P20: Mana whenua values

GP.P21: Kaikiatikitanga

GP.P22: Statutory acknowledgements


M6: Whaitua


M17: Wetlands








6.3 Kaitiakitanga Proposed objective RP.O11 seeks that kaitiakitanga is recognised and mana whenua actively participate in planning and decision making. A policy that supports mana whenua role as kaitiaki is a further response.

Kaitiakitanga decision making in context of the draft plan is the role of mana whenua in resource management. This role ranges from hands on activities (eg; monitoring and restoration) involved in providing for values in accordance with ngā tikanga a iwi (appropriate processes) through to the development of policy and attendant regulatory provisions supporting iwi environmental relationships identified and required in legislation.

Te Upoko Taiao Natural Resources Committee has established iwi at the highest level of non-legislated regulatory decision making. Whilst Council retains the legal responsibility for approving the plan, Te Upoko Taiao is the regulatory committee that provides Council with a recommended plan for regional resource management.

The involvement of mana whenua in the development of the draft Plan signals their ongoing involvement in resource management. The draft Plan seeks operative kaitiakitanga through whaitua and the development of a monitoring and information strategy. Mana whenua kaitiaki will be key to implementing the draft Plan.

The draft plan specifies how mana whenua role as kaitiaki is given effect to in resource management processes. Iwi have scheduled sites of significance where their site specific values must be protected through the control of activities, and broader areas where their relationships must be recognised.


PAGE 22 OF 49 1392760-V1

Mana whenua have also supported the inclusion of their values in the management of all water (aquatic eco system health and mahinga kai and contact recreation and Māori use) to provide for the intrinsic nature of their values throughout the water cycle. The whaitua chapters in the plan will provide further recognition of the role of kaitiaki through the NPS-FW requirement for increased specificity as to how both individual waterways and whole catchments will be managed for values inclusive of mana whenua.

The kaitiaki decision making objective and policies are also closely linked to those addressing mahinga kai and Māori use. This is because the ability for mana whenua to access mahinga kai (species, places and activities) and utilise resources those for Māori use (places and the ritual and customary activities associated with them) are the primary indicators by which they determine the health of the environment, particularly the mauri of water. Providing for these resources and assessing the health of them is the fundamental role of iwi kaitiaki.

The policies designed to achieve this objective are also very similar to those to achieve Objective RP.O10, which address Māori relationships with land, air and water. However, in this case, the most significant policy tool is policy GP.P21, which sets out how kaitiakitanga shall be recognised and provided for in the implementation and administration of the draft Plan. The policy links a generic Māori value, kaitiakitanga with the role of individual mana whenua groupings in giving effect to this through their own specific policies and practices (ngā kaupapa me ngā tikanga). The following table shows the policies, methods and schedules that will recognised kaitiakitanga:

Objective: RP.O11: Kaitiakitanga is recognised and mana whenua actively participate in planning and decision making.

Policies: GP.P1: Ki uta ki tai

GP.P19: Mauri

GP.P20: mana whenua values

GP.P21: Kaitiakitanga

GP.P22: Statutory acknowledgements


M6: Whaitua


M17: Wetlands







1392760-V1 PAGE 23 OF 49

Schedule C: Sites with significant mana whenua values:

C1: Sites of significance to Ngā Hāpu o Ōtaki

C2: Sites of significance to Te Ātiawa ki Whakarongotai

C3: Sites of significance to Ngāti Toa

C4: Sites of significance to Taranaki Whānui ki te Upoko o te Ika a Maui

C5: Sites of significance to Ngāti Kahungunu ki Wairarapa and Rangitāne o Wairarapa




6.4 Mahinga kai Identification of overarching values (mahinga kai and Māori use) and policies and methods that include educative and monitoring strategies inclusive of mana whenua values and indicators also enable the proposed objective to be achieved efficiently and effectively. The primary response to this issue is the identification of mahinga kai as an overarching value for which all water will be managed. Methods support the monitoring of mahinga kai as a measure for water quality and the role of mana whenua as kaitiaki in determining tohu (indicators) and tikanga (processes) to achieve this.

Mahinga kai sites have been identified in schedules of significance to mana whenua (schedule C) and given additional protection from the adverse effects of development through the Plan in the activity rules. For example, a condition of many permitted activities in the Plan such as the construction of dams and culverts, is that the activity does not occur within a site identified in schedule C as a site with significant mana whenua values. Further discussion of schedule C is in sections 6.6, 9.6 and 10.4 below.

Schedules of water quality values in the draft Plan include narratives that measure the health and abundance of mahinga kai species from a mana whenua values framework. The review of permitted activity rules and policies pertaining to water quality and quantity have taken into account the need to reduce the impact on mahinga kai species, their habitat and life cycle.

The achievement of the objective is also assisted through policy GP.P1 that identifies the catchment as the spatial unit for land and water management. This is known to mana whenua as ki uta ki tai, which roughly translates ‘from the mountains to the sea’, and to local Government as integrated catchment management. It enables an inclusive and all-encompassing approach that is consistent with and a prerequisite for responding to the loss of mauri as applied to fresh and coastal waters.

The whaitua chapters in the plan will provide further recognition through increased specificity as to how both individual waterways and whole catchments will be managed for values inclusive of tangata whenua.

The following table lists the objective, policies, rules, methods and schedules that will achieve objective RP.O19:


PAGE 24 OF 49 1392760-V1

Objective: RP.O19: Mahinga kai in rivers, lakes, natural wetlands and the coastal marine area is maintained and restored so that taonga species are:

a) Safe to eat and free of pollutants that can cause harm to the species and to people;

b) Suitable for a range of cooking/preparation techniques and will elevate the mana of mana whenua if served on a marae; and

c) Available in quantities to support Māori customary harvest for hui.

Policies: GP.P23 Aquatic ecosystem health and mahinga kai

GP.P24 Adverse effects on aquatic ecosystem health and mahinga kai

Rules: LW.R63: Discharges inside scheduled areas

LW.R127: Small river crossings, culverts, small dams and small structures within Schedule C (mana whenua) sites

LW.R131: Reclamation of the beds of rivers or lakes inside significant sites

CM.R158: Additions and alterations to a structure inside significant sites

CM.R161: Removal or demolition of a structure or part of a structure

CM.R168: Replacement of a structure in scheduled sites

CM.R170: Structures in sites of significance

CM.R185: Seawalls inside significant sites

CM.R199: Disturbance and damage in scheduled areas

CM.R205: Dredging for flood protection purposes or erosion prevention in scheduled areas

CM.R210: Dredging inside sites of significance

CM.R214: Deposition inside sites of significance

CM.R216: Dumping and incineration of waste within scheduled areas


M6: Whaitua


M17: Wetlands











6.5 Ngā Taonga Nui a Kiwa Ngā Taonga Nui a Kiwa: Ka moe a Kiwa ki a Parawhenuamea rāua ko Hinemoana. Ko ngā tamariki o ēnei hononga ko ngā awa, roto, manga, repo, moana hoki. He taonga nui ētahi o ēnei wāhi ki a ngāi tāua te Māori, arā ko ngā wāhi rongonui, ko ngā wāhi whakaharahara ki ngā iwi o ngā whaitua nei.


1392760-V1 PAGE 25 OF 49

This whakapapa identifies the lineage from which all forms of water flow and emphasises their importance to Māori. Water descends from the union of Kiwa with his wives Parawhenuamea and Hinemoana. The offspring of the union with Parawhenuamea includes rivers, lakes, streams, wetlands and freshwater areas. The union with Hinemoana gave rise to wai-tai, or saltwater entities, which were the oceans and harbours of our world. All of these areas are of the utmost significance to Māori who regard them both as ancestors and an inheritance for which they have responsibilities of care. Iwi of our region share this view due to the well-known and outstanding qualities of the water bodies found within the whaitua that make up our region.

Ngā Taonga Nui a Kiwa are those places from which mana whenua derive cultural and spiritual identity, their status as mana whenua and the associated responsibilities that come with that including those of kaitiaki. These places are in most instances the larger entities; rivers and harbours that have a long history of multiple and complex resource use associated with large populations. As a result they are some of the more degraded places in our region. The construct captures the important and direct relationships between mana whenua and a number of large bodies of water across the region. Ngā Taonga Nui a Kiwa emphasises the importance of mana whenua relationships with their most significant entities of water.

Ngā Taonga Nui a Kiwa is an indigenous construct and has its own cultural context. The concept is an extension of the existing shared values approach to the regional plan and it seeks to establish acknowledgement of important mana whenua relationships with these places. Existing practice around many of the processes and relationship between iwi and WRC involve consideration of areas described here as Ngā Taonga Nui a Kiwa.

It is important to note that this policy provides for the protection of the relationship mana whenua have with an identified area as opposed to the protection of the identified area per se. This is consistent with the RMA, Treaty Settlement legislation and the NPS which requires Councils to identify and give effect to catchment scale values of mana whenua.

Each iwi has submitted a schedule of Ngā Taonga Nui a Kiwa and ask that the plan clearly recognise these most important associations in order to enable them to give effect to their values and attendant responsibilities as kaitiaki. Many of the places identified as Ngā Taonga Nui a Kiwa also have accompanying statements of association in schedule D. Some of the region’s iwi have not yet negotiated settlement, but would like their most important relationships acknowledged in the plan.

Through a range of current processes and relational approaches iwi are actively involved in the management of Ngā Taonga Nui a Kiwa. Iwi have existing responsibilities and interactions as part of the resource consent process and a range of other WRC activities. The identification of Ngā Taonga Nui a Kiwa offers the opportunity for an extension of the existing relationships surrounding these places. Ngā Taonga Nui Kiwa policies seek to protect the relationship through increased involvement in the management of the places identified and where these are in a degraded condition deliver an improvement over time.


PAGE 26 OF 49 1392760-V1

There is an expectation among iwi that they will have a greater role in the management of their values relating to their most substantive relationships. This is reflected in the purpose of the Memorandum of Partnership between Wellington Regional Council and tangata whenua, which is, “to describe a partnership of mutual benefit.”8

The identification of Ngā Taonga Nui a Kiwa in a schedule provides stakeholders and the wider community with certainty about which places are of special interest to iwi. By identifying Ngā Taonga Nui a Kiwa at the catchment scale, they also serve to establish areas where the whaitua can focus attention. A large percentage of the population also values these places and would be supportive of efforts to improve their condition over time. A number of existing programmes are already focused on improving these areas and are doing so in partnership with iwi. Through working in partnership, over time mana whenua will have more influence over how these taonga are managed and can also help educate other stakeholders about their values and the importance of their relationships with Ngā Taonga Nui a Kiwa.

Schedule B identifies Ngā Taonga Nui a Kiwa and their associated attributes, or Ngā Huanga. It has been developed by mana whenua, and includes the intergenerational experiences, the social interaction and the historical significance of an entity. The table below further explains the meaning of Ngā Huanga.

Ngā Huanga

Te Hā o te Ora The breath of life (te hā o te ora) exists within our water-bodies. Taonga water-bodies have an essence within them that provide for wairua and mauri. This hā supports these water-bodies in their ability to provide kai, provide resources and, heal the body and spirit.

Ngā Mahi a ngā Tūpuna The interaction of tangata whenua with fresh and coastal waters for tangata whenua purposes. This includes the cultural and spiritual relationship with water expressed through tangata whenua practices, recreation and the harvest of natural materials for tangata whenua purposes. This also includes connections to the land via tūpuna and whakapapa.

Te Mahi Kai Places where tangata whenua manage and collect food and resources and undertake activities to uphold tikanga Māori. This is not only about the bounty collected but the transmission of knowledge through the act of collection.

Wāhi Whakarite Sites and places where particular practices and activities take place. These are often places that have been used for centuries and require a certain environment. These practices differ from day to day activities outlined above in Ngā Mahi a Ngā Iwi. These include very important and often restricted activities that are undertaken by Māori that have been used for centuries.

8 Clause 1.


1392760-V1 PAGE 27 OF 49

Te Mana o te Tangata Many water-bodies are recognised by neighbors as being of particular value to not only those that hold rangatiratanga of a water-body but also to those who interact and rely on their neighbors for certain resources. In this case a requirement could be the support or endorsement by another iwi. This would provide an opportunity for whanaungatanga and mutual mana enhancement.

Te Manawaroa o te Wai Some water-bodies have sustained intense pollution over a long period of time. In many cases these water-bodies are seen as having a level of resilience unseen in other water entities. In the minds of tangata whenua the restoration of many of these water-bodies provides an excitement. The potential of particular taonga water-bodies provides a special opportunity for iwi to be able to once again provide their guests with kai-rangatira, relearn practices of the past, and identify themselves with a water-body that will be healthy.

Te Mana o te Wai Some water-bodies of our region are inherently connected to our identity and the mana of the area. Te Whanganui a Tara and Wairarapa Moana are two apt examples of this and could easily be included as a tohu of taonga entities.

Wāhi Mahara Wāhi mahara are places of learning and where local knowledge and histories are etched in the landscape. These are essentially a place that was central to intergenerational knowledge transmission of our tūpuna, and could be used as such again in our future.

There are a number of policies and methods to achieve this objective, as shown in the following table:

Objective: RP.O24: The relationships between mana whenua and Ngā Taonga Nui a Kiwa shall be protected and restored.

Policies: GP.P27 Maintain mana whenua relationships with Ngā Taonga Nui a Kiwa

GP.P37: Significant values of Te Awarua o Porirua Harbour

GP.P38: Significant values of Wellington Harbour

GP.P39: Significant values of Lake Wairarapa

GP.P40: Managing the significant values of Te Awarua o Porirua Harbour, Wellington Harbour, and Lake Wairarapa

GP.P41: Restoring Te Awarua o Porirua Harbour, Wellington Harbour, and Lake Wairarapa

GP.P45: Public access to, along and within the coastal marine area and in the beds of lakes and rivers


M6: Whaitua


M17: Wetlands







PAGE 28 OF 49 1392760-V1

6.6 Sites with significant mana whenua values Sites with significant mana whenua values are those discrete places that have particular values that require protection. Each iwi has, or intends to, identify these places and their related values. Many of these are places are valued for their natural resources, such as sources for food, medicine or weaving materials. Some of the places are associated with past occupation, though they continue to be important. Others were once places of great importance, such as baptismal sites, but can no longer be used due to pollution. It is hoped that identifying these sites will result in greater protection of their values, and that those sites that are degraded can be improved and restored over time. Achievement of restoration is also linked to the whaitua and the wider water quality objectives of the draft Plan.

The table below shows the provisions in the draft Plan that will help achieve protection and restoration of these important sites. The policies explain how adverse effects will be managed. Avoidance of degrading activities altogether within these sites will be encouraged, and where the sites cannot be avoided, users will be required to avoid, remedy or mitigate adverse effects. Offsetting is not considered appropriate. In addition, there are a number of rules that seek to minimise damage to these important sites.

Objective: RP.O25: Sites with significant mana whenua values are protected and restored.

Policies: GP.P31 Protection and restoration of sites with significant mana whenua values

GP.P32 Managing adverse effects on sites with significant mana whenua values

Rules: LW.R63: Discharges inside scheduled areas

LW.R127: Small river crossings, culverts, small dams and small structures within Schedule C (mana whenua) sites

LW.R131: Reclamation of the beds of rivers or lakes inside significant sites

CM.R158: Additions and alterations to a structure inside significant sites

CM.R161: Removal or demolition of a structure or part of a structure

CM.R168: Replacement of a structure in scheduled sites

CM.R170: Structures in sites of significance

CM.R185: Seawalls inside significant sites

CM.R199: Disturbance and damage in scheduled areas

CM.R205: Dredging for flood protection purposes or erosion prevention in scheduled areas

CM.R210: Dredging inside sites of significance

CM.R214: Deposition inside sites of significance

CM.R216: Dumping and incineration of waste within scheduled areas





1392760-V1 PAGE 29 OF 49







7. Bibliography Cameron, G and Forsyth K 2005. The iwi environment management system—background report. Greater Wellington Regional Council.

James, B 2006. Resource Management Issues of Significance to Iwi Authorities of the Wellington Region. Report prepared for Greater Wellington Regional Council by Public Policy & Research.

Marr H and Moore P 2013. Protection of sites of significance to tangata whenua in the Wellington Regional Plan—Working document for discussion version. Report prepared for Greater Wellington Regional Council by Perception Planning Ltd and Whaiao Ltd.

Memorandum of Partnership between Tangata Whenua ki Te Upoko o te Ika a Maui and Wellington Regional Council Te Pane Matua Taiao. 26 March 2013.

Moore P, Mellish L and Solomon R 2014. Ngā Taonga Nui a Kiwa: Outstanding Water-bodies for Tangata Whenua Greater Wellington Regional Plan Review. Prepared on behalf of Kaitiaki group.

The Wairarapa ki Tararua Report, Waitangi Tribunal, 2010.

Te Whanganui a Tara me ona Takiwa: report on the Wellington District, Waitangi Tribunal, 2003.


PAGE 30 OF 49 1392760-V1

Appendix A

Table 1: Issues

Tangata Whenua issues summary

Issue Significance Need to be in Plan

Different from operative Plan?

Information Sources

Appropriate level of information?

The relationship of tangata whenua with land and water is adversely affected by the inappropriate use and/or degradation of natural and physical resources

Clear direction from RMA, RPS and NPSFWM

Demonstrates Greater Wellington leadership on issue, provides clear foundation for objectives and policies, and reflects mana whenua requirements and aspirations.

Not really, though expressed slightly differently, mana whenua have the same concerns now that they did when the operative plans were being developed

Data obtained through collaborative engagement with mana whenua

Yes.

There are areas and sites of significance to tangata whenua that are at risk of degradation or are threatened by human activities

Direction from RMA and RPS and from collaborative engagement with mana whenua during plan development

Demonstrates Greater Wellington leadership and provides clear foundation for objectives and policies

Not really, though expressed slightly differently, mana whenua have the same concerns now that they did when the operative plans were being developed

Data obtained through collaborative engagement with mana whenua; historical sources

Yes.


1392760-V1 PAGE 31 OF 49

Appendix B

Table 1: Assessing the appropriateness of the objectives

Objective RP.O3 Mauri is sustained and enhanced, particularly the mauri of fresh and coastal waters

Relevance

Directly related to resource management issue? Yes, issue 1.8

Will achieve one or more aspects of the purpose and principles of the RMA?

Directly related to s6 and 7a of the RMA

Relevant to Māori environmental issues? (sections 6(e), 6(g), 7(a) and (8))

Yes.

Relevant to statutory functions or to give effect to another plan or policy (ie, NPS, RPS)?

Gives effect to NPSFWM objective and policy D1 and objective 3 and policy 2 of NZCPS. Particularly gives effect to objective 26 and policy 49 of RPS.

Usefulness

Will effectively guide decision-making? Yes, by ensuring that the mauri of the region’s natural resources is considered in assessing potential activities, mana whenua kaitiaki will have a role in assisting with the decision making.

Meets sound principles for writing objectives? (specific; state what is to be achieved where and when; relate to the issue; able to be assessed)

The objective states what is to be achieved and is directly related to the issue.

Consistent with other objectives? Yes, the proposed objective is consistent with the other objectives of the draft Plan.

Achievability

Will it be clear when the objective has been achieved in the future? Is the objective measureable and how would its achievement be measured?

The plan anticipates the development of an information and monitoring strategy with kaitiaki in accordance with mātauranga Māori that will assist in determining whether mauri is being sustained and enhanced.

Is it expected that the objective will be achieved within the life of the Plan or is it an aspirational objective that will be achieved sometime in the future?

Achievement of the objective will be ongoing. While some enhancement of mauri can be achieved within the life of this plan, the objective is expected to continue beyond this plan.

Does the council have the functions, powers, and policy tools to ensure that they can be achieved? Can you describe them?

Yes. The Council also has a productive and positive relationship with mana whenua in the region, which will also be important to achieve the objective over the long term.

What other parties can the Council realistically expect to influence to contribute to this outcome?

Key stakeholders include mana whenua in the region, applicants and resource users.

What risks have been identified in respect of outcomes?

The risk is that a lack of understanding of mauri and how activities can affect it will undermine the achievement of the objective. The combination of this objective and RP.010 and RP.011 will ensure that this risk is mitigated.


PAGE 32 OF 49 1392760-V1

Reasonableness

Does the objective seek an outcome that would have greater benefits either environmentally or economically/socially compared with the costs necessary to achieve it?

Ongoing costs will be related to Council staff time and resources needed to assess consents and maintain good relationships with key stakeholders. The costs are significantly outweighed by the direct benefits to cultural and social wellbeing, not just for mana whenua but for the whole of the region.

Who is likely to be most affected by achieving the objective and what are the implications for them?

Mana whenua in the region and beyond will be positively affected by the achievement of the objective. Resource users and developers may also be affected where potential impacts on mana whenua relationships with natural resources may require avoidance or mitigation measures to be implemented.

Existing objectives

Is the operative objective in the operative Plans for the Wellington Region still relevant or useful?

The operative Freshwater Plan has an objective specific to mauri (4.1.2) but the operative Coastal Plan does not. Mauri is everywhere, so the objective should be more general as well. Also, as mauri has been degraded over time, it is more appropriate to seek that it be sustained and enhanced rather than protected.

Objective RP.O10 Mana whenua relationships with air, land and water are recognised and adverse effects on these relationships are minimised

Relevance

Directly related to resource management issue? Yes, it is related to issue 1.8.


Yes, particularly sections 6(e), 6(g), 7(a) and 8.


Yes, very relevant.



Usefulness

Will effectively guide decision-making? Yes. The objective emphasises the need for regulatory authorities, applicants and resource users to become informed about mana whenua relationships with air, land and water, and provide for these relationships in the consideration of activities and resource use in the region.


The objective states what is to be achieved and is directly related to the issue. The associated provisions provide a means by which assessments as to whether the objective is being achieved can be made.



1392760-V1 PAGE 33 OF 49

Achievability


Yes, achievement of this objective can be measured by surveying kaitiaki to determine their satisfaction levels both with involvement in decision making and also the environmental results of activities. The plan anticipates the development of an information and monitoring strategy with kaitiaki in accordance with mātauranga Māori that will assist in determining whether the objective is being achieved.


Achievement of the objective will be ongoing. Council and stakeholders would anticipate greater awareness of mana whenua relationships with air, land and water with the publication of the plan, and an improvement of wider public understanding of the aims of the objective over time.


Yes, the Council has the staff to assess and issue consents which may involve assessment against the objective and related policies. The Council also has a productive and positive relationship with mana whenua in the region, which will also be important to achieve the objective over the long term.


Key stakeholders include mana whenua in the region, applicants and resource users.


The risk is that the relationship mana whenua have with air, land and water are not appropriately understood by Council and the wider public. However, this risk is substantially mitigated by a strong policy approach.

Reasonableness


There may be additional costs for some resource users to engage the expertise of mana whenua kaitiaki for resource consent applications. Ongoing costs will be related to Council staff time and resources needed to assess consents and maintain good relationships with key stakeholders. The costs are significantly outweighed by the direct benefits to cultural and social wellbeing, not just for mana whenua but for the whole of the region.


Mana whenua in the region and beyond will be positively affected by the achievement of the objective. Resource users and developers may also be affected where potential impacts on mana whenua relationships with air, land and water may require avoidance or mitigation measures to be implemented.

Existing objectives

Are the operative objectives in the regional plans still relevant or useful?

The operative objectives fulfil the requirements of the RMA, however, are not specific enough to ensure the outcomes expected by the Council and key stakeholders.


PAGE 34 OF 49 1392760-V1

Objective RP.O11 Kaitiakitanga is recognised and mana whenua actively participate in planning and decision making.

Relevance

Directly related to resource management issue? Yes, it is related to issue 1.8.


Kaitiakitanga is regarded as matter to which decision makers should have particular regard under section 7(a) the RMA


Yes, particularly 7(a).



Usefulness

Will effectively guide decision-making? Sends a clear directive that mana whenua are to be directly involved in decision making, which is intended to directly impact on the way in which decision making is conducted.


Yes. It describes what is to be achieved, and that it is to be achieved in respect of decision making. It relates to the issue, and can be assessed.


Achievability


The objective is ongoing in nature, and is intended to be applied in all relevant cases and matters. Its achievement will be able to be measured through assessments of decisions, and an analysis of how mana whenua were involved in that process.


The objective is expected to be achieved immediately, and have ongoing implications throughout the life of the Plan.


Yes, Te Upoko Taiao will have a key role to plan in achievement of this objective. It will also be critical to implement the relevant other methods. Mana whenua resource management involvement, advice and guidance are essential.


A positive, productive and transparent relationship between mana whenua and the Council is crucial in the achievement of this objective and the outcomes it seeks.


One of the risks is that mana whenua could lack the resources to be really involved with resource management. Another is that WRC does not have the expertise in-house to implement the Māori values part of the draft Plan.


1392760-V1 PAGE 35 OF 49

Reasonableness





Existing objectives


The operative Coastal Plan has an objective specific to kaitiakitanga (4.1.15) but the operative Freshwater Plan does not. Kaitiakitanga is relevant everywhere, so the objective should be more general as well. The operative objective seeks that opportunities for kaitiakitanga increase, but it is more appropriate to recognise that kaitiakitanga occurs and to involve mana whenua in decision making.

Objective RP.O19 Mahinga kai in rivers, lakes, natural wetlands and the coastal marine area is maintained and restored so that taonga species are:

Safe to eat and free of pollutants that can cause harm to the species and to people;

Suitable for a range of cooking/preparation techniques and will elevate the mana of mana whenua if served on a marae; and

Available in quantities to support Māori customary harvest for hui.

Relevance

Directly related to resource management issue? Yes, it is related to issues 3.10, 3.12, 4.3 and 4.6.


Yes, particularly sections 6(e), 6(g), 7(a) and 8.


Yes.



Usefulness

Will effectively guide decision-making? Sends a clear directive that impacts on mahinga kai must be considered in assessing potential activities.


PAGE 36 OF 49 1392760-V1


Yes. It specifies the aspirations of mana whenua and others for the health of mahinga kai. It relates to the issue, and can be assessed.


Achievability


The objective is measurable through analysis of the health of mahinga kai, and how well mana whenua are able to provide manaakitanga on marae.


The objective is expected to be ongoing, but mana whenua expect to see improvements in mahinga kai values over the life of the Plan.


Yes, Te Upoko Taiao will have a key role to plan in achievement of this objective. It will also be critical to implement the relevant other methods.


A positive, productive and transparent relationship between mana whenua and the Council is crucial in the achievement of this objective and the outcomes it seeks.


The risks are that indicators have not yet been developed to monitor mahinga kai. There may also be conflicts between enhancing mahinga kai resources and other aspirations of regional plan users.

Reasonableness





Existing objectives


There are no specific objectives regarding mahinga kai in the operative regional plans.

Objective RP.O24 To protect and restore the relationship of tangata whenua with Ngā Taonga Nui a Kiwa

Relevance

Directly related to resource management issue? Yes, this objective addresses issues 1.8 and 1.9.


Yes, particularly sections 6(e), 6(g), 7(a) and (8)


1392760-V1 PAGE 37 OF 49


Yes.


Gives effect to NPSFWM (Objective and Policy D1) and RPS (Objective 15 and Policies 21, 22 and 46).

Usefulness

Will effectively guide decision-making? Yes, this objective is a clear directive to decision makers and resource users. Together with the Schedule, it will effectively guide decision-making.


The objective clearly states what is to be achieved, and specifically identifies those resources to which it refers. It relates to the issues and can be assessed.

Consistent with other objectives? Yes.

Achievability


The achievement of this objective will be ongoing, and will be able to be assessed both at the specific case-by-case level, and at a more strategic level over time.


The objective will be achieved over the life of the Plan and beyond.


Yes, the council has, in collaboration with mana whenua, developed the schedule which, in combination with the relevant policies, will contribute to the achievement of the objective. The Council has the staff to assess and issue consents which may involve assessment against the objective. The Council also has a productive and positive relationship with mana whenua in the region, which will also be important to achieve the objective over the long term.


Mana whenua will be involved in the achievement of this objective, and also resource users with interests or activities in Ngā Taonga Nui a Kiwa


Ngā Taonga Nui a Kiwa often involve large, multi-use sites and locations which are under multiple pressures. It will be critical for kaitiaki to be involved with the whaitua implementation programmes so that these important values can be considered alongside other resource user values, and a mutually beneficial way forward can be identified for all parties.

Reasonableness




PAGE 38 OF 49 1392760-V1


Stakeholders and resource users in locations and sites recognised as Ngā Taonga Nui a Kiwa are the most likely to be affected by achieving the objective. Through involvement in whaitua committees, it is expected that all of these viewpoints can be accommodated in management of Ngā Taonga Nui a Kiwa going forward.

Existing objectives


The operative objectives are not specific enough to recognise and provide for Ngā Taonga Nui a Kiwa.

Objective RP.O25 Sites with significant mana whenua values are protected and restored.

Relevance

Directly related to resource management issue? Yes, issue 1.9


Yes


Yes, particularly section 6(e)


Yes, particularly RPS objective 28 and policy 49, policy 2 of the NZCPS and NPSFWM objective D1 and policy D1.

Usefulness

Will effectively guide decision-making? Yes, this objective will guide the processing of resource consents for activities being undertaken in scheduled areas. It will also guide whaitua committee decision making.


This objective is a clear and complete sentence related to an issue. This objective is not time-bound as it aims to deliver benefits over time.

Consistent with other objectives? Yes, all the objectives have been assessed, and work together to achieve the sustainable management of natural resources in the Wellington region.

Achievability


Yes, the achievement of this objective will become clear in the future through monitoring and reporting on the effectiveness and efficiency of this plan.


It is expected that the protection clause of this objective will be achieved in the life of the plan, but the restoration aspects will require a longer timeframe.


This will be achieved in partnership with mana whenua iwi and through the policies, rules, and other methods in the plan.


1392760-V1 PAGE 39 OF 49


All resource-users

Territorial Authorities

Government departments

Mana whenua iwi


The risk to sites of significance to mana whenua will be reduced through the achievement of this objective.

Reasonableness


Yes – this objective will have greater environmental benefits than the costs necessary to achieve it.


Mana whenua and resource users—they will need to work together over time to negotiate how best to achieve the objective.

Existing objectives


No, the operative objectives are not specific enough to address this natural resource management issue.


PAGE 40 OF 49 1392760-V1

Appendix C

Table 1: Identifying alternative policies and methods (rules and other methods)

Mauri (RP.O3), Mana Whenua Relationships with Air, Land and Water (RP.O10) and Kaitiakitanga (RP.O11)

Option 1 – Status Quo (no change from Operative Plan)

Option 2 – Amend Provisions to appropriately recognise Māori values and mana whenua interests

(Preferred Option)

Costs

(of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions)

Council Admin costs associated with addressing relevant material in resource consent applications – no new costs

Costs associated with engagement with mana whenua over resource management matters

Cost associated with not meeting NPS requirements.

Additional cost in representing and explaining requirements associated with partnership. Iwi participation in planning process has increased both nature and rate of change.

Admin cost associated with addressing relevant material in resource consent applications

Additional costs for engagement with mana whenua and for kaitiaki advice, particularly to develop information and monitoring reflective of Māori values

Reduced costs on individual iwi through more consistent and managed engagement requirements

Resource user (consent applicant or permitted use)

The cost of consulting with mana whenua

The cost of consulting with mana whenua, though with better information and systems in place, this could be more straightforward and effective

Community costs (Environmental, Social, Economic, Cultural)

Environmental, social and cultural costs from inadequate consideration of Māori values, including loss or degradation of sites of significance to mana whenua and to the community more generally; erosion of positive and proactive relationships between WRC, Māori and the wider community

Ratepayer costs associated with development of information and monitoring strategy reflective of mātauranga and kaupapa Māori

Benefits


Council Although not particularly effective, the operative provisions ensure mana whenua concerns are given some consideration

Continuation of the status quo would result in no greater benefits than what happens now

Resource management reflects aspirations of Memorandum of Partnership, and more inclusive systems are developed. Environmental and community benefits through inclusion of mana whenua partnerships, values and processes.

Identification of iwi values in Whaitua process contributes to improved water quality.


1392760-V1 PAGE 41 OF 49



(Preferred Option)

Resource user (consent applicant/licensed operator or permitted use)

Continuation of the status quo would mean that resource users would continue to consult with mana whenua on a case-by-case basis

Over the life of the plan, there is expected to be greater understanding of Māori values and greater certainty for resource users and consent applicants

Community benefits (Environmental, Social, Economic, Cultural)

There are some environmental, social and cultural benefits to the way the operative plan identifies some significant sites; these would be continued under option 1

Mana whenua and the wider Māori community see their values reflected in resource management. Treaty partnership is seen in regional and local community environmental practices.

Efficiency (costs vs benefits) and Effectiveness (will the provisions achieve the objective)

Costs are moderate, but because the provisions lack “teeth”, the benefits are not fully realised

Without systems in place, there is less efficiency, which makes effectiveness difficult, particularly for mana whenua kaitiaki.

Though the economic costs will be moderate and similar to the status quo costs, the environmental, social and cultural benefits will be significantly enhanced

The opportunity to develop cost effective kaitiaki programmes is a benefit to WRC, mana whenua and the wider community. This derives from partnership directed by the plan

Through the suite of provisions that reflect Māori values, a more efficient and effective economic, social, cultural and environmental outcome will be achieved

Risks [of acting or not acting]

[If there is uncertain or insufficient information]

The risk of not acting is that the current ad hoc involvement of mana whenua would continue and there would be no further forward movement in understanding or providing for Māori values

There is uncertain and insufficient information about the current state of mauri and mahinga kai, but without starting to gather this information, they are likely to continue to degrade

Appropriateness

[If it is efficient and effective then it must be appropriate]

This option is not appropriate because it does not promote opportunities for better economic, social, cultural and environmental outcomes

Option 2 is appropriate because it is efficient and effective


PAGE 42 OF 49 1392760-V1



(Preferred Option)

Conclusions The status quo has not progressed the issues identified by mana whenua over many years.

The continued decline of water quality is regarded as a national priority. The status quo does not provide for NPS requirements regarding the consideration and inclusion of Māori values and grouping in decision making.

This option should be selected

Mahinga kai (RP.O19)


Option 2 – Amend provisions to specifically provide for mahinga kai in the draft Plan (Preferred Option)

Costs


Council Under status quo, the Council is unable to develop collaborative relationship provided in option 2, inconsistent with the Memorandum of Partnership

The Council’s understanding of mahinga kai would not improve under option 1

There will be economic costs of implementation for collecting information about mahinga kai and monitoring effects on mahinga kai habitats and for making this information available


Very little economic costs associated with assessment of effects on mahinga kai under status quo, though relationships between resource users and mana whenua could deteriorate resulting in further costs

Resource users may be required to pay for costs to assess effects on mahinga kai or to avoid, remedy or mitigate any adverse effects

There may be additional costs associated with undertaking consultation with mana whenua


There are environmental, public health social and cultural costs of not measuring or improving the quantity and quality of mahinga kai

Cost to ratepayers for information that identifies the health of mahinga kai species and habitats


1392760-V1 PAGE 43 OF 49



Benefits


Council Administrative costs would remain relatively low because monitoring doesn’t specifically measure mahinga kai values

The benefits of the status quo are limited, as the plans have not been thoroughly implemented

This objective is integral to the whole plan as it connects to many other objectives, policies and methods; it becomes another way to measure the effectiveness of the environmental enhancement provisions of the draft Plan and incorporates Māori interests reflective of the partnership enables collaborative engagement

More inclusive monitoring and resource management regime would be socially and culturally beneficial


The status quo has relatively low costs in respect of identifying mahinga kai and mitigating the adverse effects of activities

Potentially low time costs for consultation with mana whenua

Greater certainty for resource user regarding impacts of activities

More advice and expertise will be available to assist resource users to provide for mahinga kai

Benefits are also expected through improved collaborative relationships between resource users and mana whenua


The benefits of the status quo are limited, as the plans have not been thoroughly implemented

Greater certainty amongst community regarding mahinga kai and effects of activities

Improvements in water quality and quantity are expected as a result of the mahinga kai objective; this will in turn positively impact recreational, cultural and social values and sustainable management of the water resource


Overall, the status quo is a low cost approach, but equally the benefits are correspondingly low and over time have the potential to deteriorate

Continuing the status quo would be ineffective in achieving the objective with respect to mahinga kai

While there are costs to gather the information, the increased certainty about the effects on mahinga kai over time will result in environmental, social and cultural benefits

Option 2 would be more effective in achieving the objective than the status quo



Continuing with the provisions in the operative plans result in a risk that mahinga kai values continue to decline

The provisions in the operative plans reflect the limited information available at the time of the plans’ development; it took a cautious approach

The development of the draft Plan has enabled the Council to work collaboratively with mana whenua partners to develop a greater understanding of the importance of mahinga kai

The provisions in the draft Plan enable the Council and its partners to gather further information over time about mahinga kai


PAGE 44 OF 49 1392760-V1



Appropriateness


Option 1 is inappropriate Option 2 is more efficient and effective and therefore more appropriate than option 1

Conclusions Option 1 is inappropriate The benefits of increased protection of mahinga kai outweigh the costs of gathering information and monitoring effects on mahinga kai habitat

Ngā Taonga Nui a Kiwa (RP.O24)


Option 2 – Amend provisions to include acknowledgement and protection of the relationship between mana whenua and Ngā Taonga Nui a Kiwa (Preferred Option)

Costs


Council The council has existing agreements with iwi authorities about assessment of resource consents that are resourced, so already incurs some economic costs.

Continuing with the status quo would not reflect mana whenua values as required by the NPS-FW, nor would it achieve the aspirations stated in the Memorandum of Partnership, which would result in social and cultural costs

There may be some changes to the resourcing of consent assessment activities, but this could happen regardless of implementing option 2


Resource users currently consult with mana whenua as needed which incurs some costs for cultural impact assessments

Resource users would continue to consult with mana whenua, and may be required to pay for consultation in some circumstances


Some uncertainty about what places are really important to mana whenua and why

If people are unable to understand what this option is about, they may find it challenging to achieve this objective


1392760-V1 PAGE 45 OF 49


Option 2 – Amend provisions to include acknowledgement and protection of the relationship between mana whenua and Ngā Taonga Nui a Kiwa (Preferred Option)

Benefits


Council Under the status quo, mana whenua are involved with resource management, though not at the same level of specificity as that described in option 2

Recognition of these important places reflects the Memorandum of Partnership, so would have social and cultural benefits


Some resource users are very familiar with the status quo, and would take some time to adjust to the way option 2 operates

The values specified in the schedule assist resource users to understand the aspirations of mana whenua, providing an environmental, social and cultural benefit

Being upfront about these values may mean that there are fewer economic costs as these matters can be addressed early on in planning for an activity


Some members of the community may be familiar with the status quo and could find option 2 somewhat confusing

Increased understanding of mana whenua values will bring environmental, social and cultural benefits


The status quo is less efficient as it leaves the identification of mana whenua values to a case by case basis as resource applications are submitted

There is less specificity with the status quo, which makes it less effective

The objective, policy, schedule and methods are an efficient and effective way to recognise and provide for the relationships between mana whenua and Ngā Taonga Nui a Kiwa



Continuing with the status quo allows uncertain and insufficient information to continue to inform resource consents in a confusing way, and there are risks with this option

The information is certain and sufficient, so the risk is greater if we do not act

Appropriateness


Option 1 is neither efficient nor effective

Option 2 is efficient and effective and therefore must be appropriate

Conclusions The status quo is inappropriate The draft provisions are appropriate


PAGE 46 OF 49 1392760-V1

Sites of significance to mana whenua (RP.O25)


Option 2 – Amend Provisions to be more directive and reflect strategic outcomes sought by Plan

(Preferred Option)

Costs


Council While the economic costs of continuing the status quo would be very low for the Council, it would not reflect the Memorandum of Partnership, and WRC would suffer environmental, social and cultural costs.

The costs to WRC of providing resources to iwi to identify sites of significance have mainly already been expended. There may be some ongoing economic costs for WRC to ensure that sites are protected or restored.


Costs associated with ongoing engagement with mana whenua stakeholders to maintain relationship.

Costs (moderate) associated with undertaking and participating in collaborative work to identify sites of significance.

Ongoing costs (low to moderate) associated with maintaining and improving collaborative and positive relationship with mana whenua.

Costs associated with processing applications for activities that trigger a consent because of non-compliance with permitted conditions designed to protect scheduled sites. Some of these costs will be recoverable. Commissioning of external advice may be required, the costs for which will be recoverable from applicant.


Some costs may be attracted by applicants in engaging and consulting with mana whenua stakeholders in some, most likely high profile, development situations. Otherwise costs of status quo low on resource users.

Costs associated with some applications triggering need for resource consent on basis of not complying with permitted conditions designed to protect scheduled sites. Costs will be resource consent fees, possibly public notification fees and hearing fees; commissioning expert cultural and other necessary advice; engagement and relationship building with mana whenua stakeholders.

Additional development costs may be attracted, in designing, or amending designs, to avoid, remedy or mitigate impacts on sites of value to mana whenua.


1392760-V1 PAGE 47 OF 49



(Preferred Option)

Benefits


Council Maintaining status quo position may result in sites of significance to mana whenua, and which also have significance and value to the community as a whole, being lost or degraded. Cultural integrity and identity and social values have the potential to be lost, undermined or degraded.

Preferred policy approach does not guarantee the avoidance of adverse effects on sites of significance to mana whenua (Policy GP.P32), so environmental, social and cultural costs cannot be wholly avoided. However, policy structure seeks to ensure that these outcomes are rare and justified in terms of other policies in the Plan.


Light touch is relatively low cost. Status quo does not preclude positive engagement and collaboration with mana whenua.

Preferred approach enables Council to improve and develop its relationship and partnership with mana whenua stakeholders, and take a leadership role in the protection and restoration of sites of significance to mana whenua over the long term. The protection and restoration of sites of significance also contributes to the protection of other values identified as important to the regional community in the Plan.


Light regulatory touch and low cost for resource users and applicants.

Resource users and applicants enabled to undertake development and contribute to protection and restoration of cultural assets that benefit the wider community.


High profile sites of significance likely to be able to be protected where applications for discretionary or non-complying applications are made

Communities will benefit improved protection of sites of significance to mana whenua throughout plan structure. Importance and value of such sites recognised at the outset. Other values indirectly associated with mana whenua values also protected. Cultural, historical and social integrity better protected.


PAGE 48 OF 49 1392760-V1



(Preferred Option)



The Operative Freshwater Plan acknowledges the relationship of tangata whenua with freshwater, and seeks to enable the identification of sites of significance through the Plan, particularly operative Method 8.1.1. However, the light touch adopted through the operative Plan has failed to ensure that the Plan’s objectives in this respect can be achieved. Undoubtedly, Method 8.1.1 has been important to developing the groundwork for the draft Plan, but overall the status quo has, and will continue to be, ineffective in achieving the objectives and inefficient and the costs to cultural, social and environmental values will outweigh the benefits of the overall approach. 1

The preferred approach is more costly, in economic terms, than the status quo. Costs have and will fall to Council in preparing and maintaining the Schedule of significant sites; in assessing applications that are made as a result of the provisions; and in maintaining and developing a productive and positive relationship with mana whenua in the region. Costs will also fall to developers and applicants that will need to take into account the impacts of development on sites of significance and design or relocate development accordingly. However, the benefits of implementing the provisions will far outweigh the economic costs. Benefits will accrue in terms of ensuring that important sites to mana whenua, and which also have resonance and value for the regional community as a whole, will be protected and restored under the Plan. This reaffirms the region’s cultural, historical and social identity, which is of significant benefit to the region. The proposed provisions are the most effective means of achieving not just Objective 25, but other objectives in the Plan with relevance to mana whenua outcomes, and will do so efficiently over the life of the Plan.

Appropriateness


At the time of the notification of the operative plan, Council’s understanding of the location and nature of sites of significance to mana whenua was incomplete. The operative plan provided a set of provisions that sought to protect sites of significance as efficiently and effectively as was reasonable given the information available. The development of the schedule provides Council with certain information upon which to determine an alternative set of provisions that will be effective and efficient.

The work undertaken to develop the schedule of significant sites has provided a firm basis upon which to develop provisions which are directive and have the ability to achieve the objectives. To not act in the light of this information presents far more of a risk to the Council, mana whenua and the wider community than acting.


1392760-V1 PAGE 49 OF 49



(Preferred Option)

Conclusions This option is not appropriate as it fails to achieve the objective or meet the purpose of the RMA.

The new provisions are appropriate given the high level of efficiency and effectiveness for achieving the Plan’s objectives and meeting the purpose of the Act.

Option 1 is not considered to be the most effective or efficient means of achieving the proposed objectives or meeting the purpose of the RMA.

Option 2 is considered to be the most effective and efficient means of achieving proposed Objective 25, related objectives, give effect to the RPS and meet the purpose of the RMA.

Section 32 report: Māori values - GW · Section 32 report: Māori values 1392760-V1 PAGE 1 OF 49...

Documents

Transcript of Section 32 report: Māori values - GW · Section 32 report: Māori values 1392760-V1 PAGE 1 OF 49...