18Report on Treaty settlements and other obligations

1. The Minister must, for a referral application, obtain and consider a report that is prepared by the responsible agency in accordance with this section.

2. The report must include the following matters:

3. any relevant iwi authorities and relevant Treaty settlement entities:
4. any Treaty settlements that relate to land, species of plants or animals, or other resources within the project area:
5. the relevant principles and provisions in those Treaty settlements, including those that relate to the composition of a decision-making body for the purposes of the Resource Management Act 1991:
6. any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the project area:
7. any court orders or agreements that recognise protected customary rights or customary marine title within the project area:
8. any applicant groups under the Marine and Coastal Area (Takutai Moana) Act 2011 that seek recognition of customary marine title or protected customary rights within the project area:
9. whether the project area would be within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou (and, if so, the relevant provisions of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019):
10. whether the project area includes any taiāpure-local fisheries, mātaitai reserves, or areas that are subject to bylaws or regulations made under Part 9 of the Fisheries Act 1996 (and, if so, who the tangata whenua are):
11. whether the project involves an activity that could be the subject of a determination under section 23 (and, if so, who the owners of the land are):
12. if the proposed approvals include an approval described in any of section 42(4)(a) to (d) (resource consent, change or cancellation of resource consent condition, certificate of compliance, or designation),—
    1. iwi authorities and groups that represent hapū that are parties to any relevant Mana Whakahono ā Rohe or joint management agreements; and
    2. the relevant principles and provisions in those Mana Whakahono ā Rohe and joint management agreements:
13. any other Māori groups with relevant interests:
14. a summary of—
    1. comments received by the Minister after inviting comments from Māori groups under section 17(1)(d) and (e); and
    2. any further information received by the Minister from those groups:
15. the responsible agency's advice on whether, due to any of the matters identified in this section, it may be more appropriate to deal with the matters that would be authorised by the proposed approvals under another Act or Acts.

16. In preparing the report required by this section, the responsible agency must—

17. consult relevant departments; and
18. provide a draft of the report to the Minister for Māori Development and the Minister for Māori Crown Relations: Te Arawhiti.

19. Those Ministers must respond to the responsible agency within 10 working days after receiving the draft report.

Compare

• 2020 No 35 s 17
• 2023 No 46 Schedule 10 cl 18(7)