Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Standards, policy statements, and plans - Mana Whakahono a Rohe: Iwi participation arrangements - Initiating Mana Whakahono a Rohe

58O: Initiation of Mana Whakahono a Rohe

You could also call this:

“Iwi authorities can ask local councils to work together on resource management issues”

You can ask one or more iwi authorities to work with one or more local councils to make a Mana Whakahono a Rohe agreement. This can happen any time except for 90 days before a local election. When a council gets this request, they need to tell other iwi and councils about it. They also need to set up a meeting within 60 working days.

At the meeting, everyone will talk about how to make the agreement, who should be involved, and when things need to be done. The groups that agree on these things will then work together to make the Mana Whakahono a Rohe.

If more than one council is working on an agreement and another iwi asks to join, they can decide the order to work on the agreements. If an iwi and a council already have an agreement about managing resources, they can treat it like a Mana Whakahono a Rohe if they both agree.

When making the agreement, everyone needs to think about other laws that might cover the same things and try not to do the same work twice. Councils can keep working on other projects while they’re waiting to hear back from iwi or while they’re making a Mana Whakahono a Rohe agreement.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7236260.

Topics:
Government and voting > Local councils
Māori affairs > Treaty of Waitangi
Environment and resources > Town planning
Environment and resources > Conservation
Previous

58N: Guiding principles, or

“Rules for working together fairly and kindly when making decisions about land and nature”

Next

58P: Other opportunities to initiate Mana Whakahono a Rohe, or

“Iwi groups and local councils can start working together at different times, even if they said no before.”

Part 5 Standards, policy statements, and plans
Mana Whakahono a Rohe: Iwi participation arrangements: Initiating Mana Whakahono a Rohe

58OInitiation of Mana Whakahono a Rohe

  1. At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001, 1 or more iwi authorities representing tangata whenua (the initiating iwi authorities) may invite 1 or more relevant local authorities in writing to enter into a Mana Whakahono a Rohe with the 1 or more iwi authorities.

  2. As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities—

  3. may advise any relevant iwi authorities and relevant local authorities that the invitation has been received; and
    1. must convene a hui or meeting of the initiating iwi authority and any iwi authority or local authority identified under paragraph (a) (the parties) that wishes to participate to discuss how they will work together to develop a Mana Whakahono a Rohe under this subpart.

      1. The hui or meeting required by subsection (2)(b) must be held not later than 60 working days after the invitation sent under subsection (1) is received, unless the parties agree otherwise.

      2. The purpose of the hui or meeting is to provide an opportunity for the iwi authorities and local authorities concerned to discuss and agree on—

      3. the process for negotiation of 1 or more Mana Whakahono a Rohe; and
        1. which parties are to be involved in the negotiations; and
          1. the times by which specified stages of the negotiations must be concluded.

            1. The iwi authorities and local authorities that are able to agree at the hui or meeting how they will develop a Mana Whakahono a Rohe (the participating authorities) must proceed to negotiate the terms of the Mana Whakahono a Rohe in accordance with that agreement and this subpart.

            2. If 1 or more local authorities in an area are negotiating a Mana Whakahono a Rohe and a further invitation is received under subsection (1), the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the Mana Whakahono a Rohe.

            3. If an iwi authority and a local authority have at any time entered into a relationship agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono a Rohe entered into under this subpart.

            4. The participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono a Rohe.

            5. Nothing in this subpart prevents a local authority from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono a Rohe with, 1 or more iwi authorities.

            Notes
            • Section 58O: inserted, on , by section 51 of the Resource Legislation Amendment Act 2017 (2017 No 15).