Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Process after Minister receives referral application

18: Report on Treaty settlements and other obligations

You could also call this:

"A report is needed to check how a project affects Māori settlements and rules."

Illustration for Fast-track Approvals Act 2024

When you make a referral application, the Minister needs a report about Treaty settlements and other obligations. The Minister must get this report from the responsible agency and think about what it says. The report must talk about things like iwi authorities, Treaty settlements, and court orders that affect the project area.

The report also needs to discuss things like the Resource Management Act 1991, the Marine and Coastal Area (Takutai Moana) Act 2011, and the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019. You can find these acts on the New Zealand legislation website, which has links to the Resource Management Act 1991, the Marine and Coastal Area (Takutai Moana) Act 2011, and the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019. The report must say if the project area includes any special fishing areas or areas with bylaws made under Part 9 of the Fisheries Act 1996.

The agency making the report must talk to other departments and send a draft to the Minister for Māori Development and the Minister for Māori Crown Relations: Te Arawhiti. These Ministers must respond within 10 working days. The agency must also think about whether it would be better to deal with the project under a different law.

The report must include comments from Māori groups and any other information they provide. It must also talk about any other Māori groups with interests in the project area. The agency must give advice on whether the project should be handled under a different law because of the things found in the report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS965767.


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Part 2Fast-track approvals process
Referral of project to fast-track approvals process: Process after Minister receives referral application

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:
    1. any Treaty settlements that relate to land, species of plants or animals, or other resources within the project area:
      1. 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:
        1. any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the project area:
          1. any court orders or agreements that recognise protected customary rights or customary marine title within the project area:
            1. 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:
              1. 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):
                1. 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):
                  1. 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):
                    1. 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
                        1. the relevant principles and provisions in those Mana Whakahono ā Rohe and joint management agreements:
                        2. any other Māori groups with relevant interests:
                          1. a summary of—
                            1. comments received by the Minister after inviting comments from Māori groups under section 17(1)(d) and (e); and
                              1. any further information received by the Minister from those groups:
                              2. 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.
                                1. In preparing the report required by this section, the responsible agency must—

                                2. consult relevant departments; and
                                  1. provide a draft of the report to the Minister for Māori Development and the Minister for Māori Crown Relations: Te Arawhiti.
                                    1. Those Ministers must respond to the responsible agency within 10 working days after receiving the draft report.

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