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Resource Management Act 1991

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

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

You could also call this:

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

If you and other groups have trouble agreeing while making a Mana Whakahono a Rohe, there are ways to solve the problem. You can choose to use a process that makes everyone follow the final decision. If you don’t all agree to that, you must use a process where the final decision isn’t binding.

For both types of processes, you need to do two things. First, you all need to agree on someone to help solve the argument. This person is called an arbitrator or mediator. Second, you need to pay for your own costs in this process.

If you use the non-binding process and still can’t agree, you can ask the Minister for help. The Minister can do two things to help you finish your Mana Whakahono a Rohe. They can pay for someone called a Crown facilitator to help you, or they can tell you to use a specific way of solving arguments.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7236268.

Topics:
Māori affairs > Treaty of Waitangi
Environment and resources > Land use
Government and voting > Local councils
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58R: Contents of Mana Whakahono a Rohe, or

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

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58T: Review and monitoring, or

“Checking and improving how local authorities work with Māori groups”

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

58SResolution of disputes that arise in course of negotiating Mana Whakahono a Rohe

  1. This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono a Rohe.

  2. The participating authorities—

  3. may by agreement undertake a binding process of dispute resolution; but
    1. if they do not reach agreement on a binding process, must undertake a non-binding process of dispute resolution.

      1. Whether the participating authorities choose a binding process or a non-binding process, each authority must—

      2. jointly appoint an arbitrator or a mediator; and
        1. meet its own costs of the process.

          1. If the dispute remains unresolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister.

          2. The Minister, with a view to assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono a Rohe, may—

          3. appoint, and meet the costs of, a Crown facilitator:
            1. direct the participating authorities to use a particular alternative dispute resolution process for that purpose.

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