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Resource Management Act 1991

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

58R: Contents of Mana Whakahono a Rohe

You could also call this:

“This section explains what must be included in an agreement between local authorities and Māori groups about working together on environmental matters.”

A Mana Whakahono a Rohe is a written agreement between iwi authorities and local authorities. You need to write it down and say who’s taking part. In this agreement, you’ll decide how iwi can help make or change policies and plans. You’ll also agree on how to talk to each other, work together on checking things, and follow any special iwi rules.

You’ll need to figure out what to do if there’s a disagreement, and how to handle it if someone has conflicting interests. Each group will pay for their own costs if there’s an argument. The local authority can keep working on their usual jobs even if there’s a disagreement happening.

You can also use this agreement to say how the local authority should let iwi know about resource consent stuff, when iwi should be told about things that might affect them, and any other jobs you want to work on together. If there’s more than one iwi group involved, you can say how they’ll work together.

You can’t change what’s in the agreement unless everyone agrees. If you want to change it, you need to talk about it with the local authority instead of starting a whole new agreement.

Schedule 1 has more information about planning processes. Section 34A(1A) and clause 4A of Schedule 1 talk about consultation requirements. Section 58T(2) is about reviewing policies and processes, section 58T(3) is about checking how well the agreement is working, and section 58T(5) is about extra reporting you might need to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7236267.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Māori affairs > Treaty of Waitangi
Government and voting > Local councils
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58Q: Time frame for concluding Mana Whakahono a Rohe, or

“Explains how long it takes to finish making an agreement between local authorities and Māori groups”

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58S: Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe, or

“How to solve disagreements when making plans with Māori groups and the government”

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

58RContents of Mana Whakahono a Rohe

  1. A Mana Whakahono a Rohe must—

  2. be recorded in writing; and
    1. identify the participating authorities; and
      1. record the agreement of the participating authorities about—
        1. how an iwi authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification or streamlined planning processes under Schedule 1; and
          1. how the participating authorities will undertake consultation requirements, including the requirements of section 34A(1A) and clause 4A of Schedule 1; and
            1. how the participating authorities will work together to develop and agree on methods for monitoring under this Act; and
              1. how the participating authorities will give effect to the requirements of any relevant iwi participation legislation, or of any agreements associated with, or entered into under, that legislation; and
                1. a process for identifying and managing conflicts of interest; and
                  1. the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono a Rohe, including the matters described in subsection (2).

                  2. The dispute resolution process recorded under subsection (1)(c)(vi) must—

                  3. set out the extent to which the outcome of a dispute resolution process may constitute an agreement—
                    1. to alter or terminate a Mana Whakahono a Rohe (see subsection (5)):
                        1. to complete the review of a local authority’s policies and processes (to ensure that they are consistent with a Mana Whakahono a Rohe) at a later date (see section 58T(2)):
                          1. jointly to review the effectiveness of a Mana Whakahono a Rohe at a later date (see section 58T(3)):
                            1. to undertake any additional reporting (see section 58T(5)); and
                            2. require each of the participating authorities to bear its own costs for any dispute resolution process undertaken.

                              1. The dispute resolution process must not require a local authority to suspend commencing, continuing, or completing any process under the Act while the dispute resolution process is in contemplation or is in progress.

                              2. A Mana Whakahono a Rohe may also specify—

                              3. how a local authority is to consult or notify an iwi authority on resource consent matters, where the Act provides for consultation or notification:
                                1. the circumstances in which an iwi authority may be given limited notification as an affected party:
                                  1. any arrangement relating to other functions, duties, or powers under this Act:
                                    1. if there are 2 or more iwi authorities participating in a Mana Whakahono a Rohe, how those iwi authorities will work collectively together to participate with local authorities:
                                      1. whether a participating iwi authority has delegated to a person or group of persons (including hapū) a role to participate in particular processes under this Act.

                                        1. Unless the participating authorities agree,—

                                        2. the contents of a Mana Whakahono a Rohe must not be altered; and
                                          1. a Mana Whakahono a Rohe must not be terminated.

                                            1. If 2 or more iwi authorities collectively have entered into a Mana Whakahono a Rohe with a local authority, any 1 of the iwi authorities, if seeking to amend the contents of the Mana Whakahono a Rohe, must negotiate with the local authority for that purpose rather than seek to enter into a new Mana Whakahono a Rohe.

                                            Notes
                                            • Section 58R: inserted, on , by section 51 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                            • Section 58R(1)(c)(i): amended, on , by section 16 of the Resource Management Amendment Act 2020 (2020 No 30).
                                            • Section 58R(2)(a)(ii): repealed, on , by section 128(1) of the Statutes Amendment Act 2019 (2019 No 56).
                                            • Section 58R(2)(a)(iii): amended, on , by section 128(2) of the Statutes Amendment Act 2019 (2019 No 56).