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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Decisions about referral of projects and process of referral - Process after Minister receives referral application

19A: Report on Treaty settlements and other obligations

You could also call this:

“Report explains how Māori interests and Treaty settlements affect a project”

When someone applies for a referral, the Minister needs to get a report from the responsible agency. This report must include important information about Māori interests and Treaty settlements related to the project area.

The report needs to tell you about any iwi authorities and Treaty settlement groups that are relevant. It should explain any Treaty settlements that involve land, plants, animals, or other resources in the project area. The report must also describe the important principles and rules from those settlements, including how decision-making bodies should be formed under the Resource Management Act 1991.

You’ll find out if there are any current negotiations for Treaty settlements in the project area. The report will mention any court orders or agreements about protected customary rights or customary marine title. It will also list any groups applying for recognition of these rights under the Marine and Coastal Area (Takutai Moana) Act 2011.

The report needs to say if the project affects ngā rohe moana o ngā hapū o Ngāti Porou and explain the relevant parts of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019. It will tell you if there are any special fishing areas or rules in the project area and who the tangata whenua are.

If the project involves certain activities on Māori land, the report will say who owns the land. It will also mention any agreements between iwi and the government about resource management in the area.

The report must include a summary of comments from Māori groups and any extra information they provided. Finally, it will give advice on whether the referral application should be turned down based on what’s in the report.

When making this report, the responsible agency needs to talk to relevant government departments. They must also show a draft to the Minister for Māori Development and the Minister for Māori Crown Relations: Te Arawhiti. These Ministers have 5 working days to respond to the draft 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.

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

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Part 2 Fast-track approval approvals process for eligible projects
Decisions about referral of projects and process of referral: Process after Minister receives referral application

19AReport 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 made under Part 9 of the Fisheries Act 1996 (and, if so, who the tangata whenua are):
                  1. whether the project involves an activity described in section 22D(1)(a) and (b) (and, if so, who the owners of the land are):
                    1. if the proposed approvals include an approval described in any of section 24C(3)(a) to (b) (resource consent, certificate of compliance, or designation), iwi authorities and groups that represent hapū that are parties to any relevant Mana Whakahono ā Rohe or joint management agreements:
                      1. the relevant principles and provisions in those Mana Whakahono ā Rohe and joint management agreements:
                        1. 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 19(1)(ba) and (h) ; and
                              1. any further information received by the Minister from those groups:
                              2. the responsible agency's advice on whether the referral application should be declined under section 22A(5)(a) or for any other reason connected with the content of the report.
                                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 5 working days after receiving the draft report.