Consultation, Engagement, and Tangata Whenua Matters
Scope
This domain tests consultation and engagement, including Treaty of Waitangi obligations, tangata whenua participation, iwi and hapū engagement, and the quality of consultation evidence.
Core rules
- RMA ss 6(e), 7(a) and 8 require decision-makers to recognise and provide for the relationship of Māori with ancestral lands, water, sites, wāhi tapu and other taonga; have particular regard to kaitiakitanga; and take into account the principles of the Treaty.
- Consultation principles from Wellington International Airport Ltd v Air New Zealand require genuine consultation: sufficient information, a real opportunity to comment, and an open mind. Consultation is not negotiation and does not require agreement.
- Schedule 1 requires consultation with iwi authorities during plan preparation. Councils must also maintain records of iwi authorities and hapū under s 35A and have regard to statutory acknowledgements and Treaty settlement arrangements.
- Effective engagement identifies the right tangata whenua group, starts early, provides plain-language information, records issues and responses, and feeds the results into the assessment.
Worked example
A plan change affects a river used for customary fishing. The planner engages the relevant iwi authority and hapū at the issues-and-options stage, not after notification. The hui records identify concerns about sediment and access. The planner commissions a cultural impact assessment, incorporates the concerns into the s 32 evaluation, and proposes conditions requiring an erosion and sediment control plan. The consultation record shows who was consulted, what was provided and how responses were addressed.
Traps
Treating consultation as a box-ticking exercise or as requiring iwi approval; engaging only after the decision is made; assuming all Māori are tangata whenua for the area; and ignoring statutory acknowledgements.