3.0 Literature Review
3.1 Previous reviews and studies
There are a number of reviews, surveys, consultations and case studies regarding Māori participation or engagement in local government. The Ministry for the Environment (the Ministry), Local Government New Zealand, the Department of Internal Affairs and Te Puni Kōkiri are the main authors of these.
Apart from a report developed for the Ministry for the Environment Review of the effectiveness of Iwi Management Plans – An iwi perspective (available at http://www.mfe.govt.nz/publications/rma/review-effectiveness-iwi-management-plans-jul04)there does not appear to have been a survey of iwi authorities to assess the level of iwi capability and capacity, the tools and mechanisms used by iwi authorities, or the status of relationships with local and central government agencies. Furthermore, the reviews, surveys and consultation have seldom assessed the effectiveness of the participation and engagement.
A list of literature referred to above is included in Appendix 1.
3.2 Summary of regional policy statement review
The following is a summary of the main points following review of 17 RPSs (Appendix 2).
- Contrary to the popular perception of Māori (recorded in literature) that regional planning documents do not recognise Māori relationships and roles, all RPSs reviewed identify and describe relationships between Māori and fresh water and the role of Māori (often as kaitiaki) in freshwater management.
- All RPSs reviewed provide a wide range of methods of implementation to address issues aligned with relevant Part II matters of the RMA.
- The key methods of promoting Māori engagement in RPSs are:
- requirements and considerations for inclusion in district plans or during resource consent processes
- standard operational tasks and services provided by a statutory body
- programmes or publications designed to raise awareness, educate and guide management of Māori resources
- consultation with Māori regarding a proposal.
- Several RPSs identify specific iwi and hapū groups and their representative organisations.
- A number of RPSs include references to statutory acknowledgements. Many of these relate specifically to bodies of fresh water and the relationships and values of iwi and hapū with those water bodies.
- Some RPSs provide a specific section on Māori or iwi issues and have incorporated methods of implementation.
- Some RPSs provide methods in specific resource sections such as water quality, water allocation, and wastewater. In these cases there was often no obvious link to the Māori issues and policies.
- Some councils are developing sophisticated tools under their responsibilities pursuant to the Local Government Act 2002 for monitoring the effectiveness of their RPSs and RPs.
3.3 Summary of regional plan review
The following is a summary of the main points following a review of 17 RPs (Appendix 3).
- All RPs reviewed identify and describe relationships between Māori and fresh water.
- With the exception of three plans, all other RPs identify the role of Māori in freshwater management.
- All RPs reviewed identify issues and concerns for Māori regarding freshwater management.
- With the exception of three RPs reviewed, all others provide a wide range of methods of implementation to address issues aligned with relevant Part II matters of the RMA.
- RPs have either taken a broad-brush approach to issues, objectives, policies and methods, or have provided a high level of detail.
- The key methods of participation being promoted in RPs are:
- consideration of cultural values during resource consent processes
- ongoing monitoring of environmental effects
- education and raising awareness of cultural matters
- provision of relevant information to iwi authorities
- consultation with Māori regarding a specific proposal
- general liaison with tāngata whenua
- incentive funds for conservation projects
- use of Māori commissioners in relevant hearings
- development of, and links to, iwi planning documents
- identification of sites of significance
- standards and codes of practice
- resolution of Treaty claims between the Crown and Māori.
- Some RPs have a high level of detail articulating issues, objectives, policies and methods. These include the South Island RPs of Southland, Otago and Canterbury. All these RPs appear to have had a high level of input from Te Rūnanga o Ngāi Tahu and Papatipu Runanga.
- The Southland Proposed Regional Water Plan stood out as a good example of recognising cultural values in a policy framework.
- The Otago Regional Plan Water 2004 (Chapter 4) provides a thorough analysis of the issues and clearly links policies to methods in various sections of the plan.
- The Bay of Plenty Regional Water and Land Plan provides for an advocacy role for the Council in matters of Māori participation.
- The Waikato Regional Plan includes a diverse range of issues from many sources, reflecting the large number of iwi and hapū interests in their region. The plan demonstrates a strong policy framework on the management of water resources and the consideration of Māori cultural values in this context.
3.4 Summary of long-term council community plan review
The following is a summary of the main points following review of four LTCCPs (Appendix 4).
- All LTCCPs include references to maintaining relationships with iwi/tāngata whenua.
- All LTCCPs include the required statement (under the Local Government Act 2002 (LGA)) of how the council will improve Māori capacity to participate in decision-making processes. Whilst these were seldom related specifically to freshwater management, they would be relevant. The range of specific activities that councils will be undertaking include:
- employing Māori students
- creating awareness of Māori electoral opportunities
- making Māori appointments to specialist working parties, committees and hearing panels, where appropriate
- participating in a review of iwi planning documents and regional documents
- assisting iwi monitoring of mahinga kai
- provision of advice and information
- formalising relationships
- assisting in the development of, and taking into account, iwi planning documents
- putting in place responsive forums for effective iwi representation in council processes.
- In all but one plan there are specific projects relating to improving water resources in partnership with iwi.
- One LTCCP (Waikato) included specific community outcomes for three individual iwi.
3.5 Iwi planning documents (Appendix 5)
- The iwi planning documents that have been reviewed all prioritise the recognition of the role of kaitiaki and multi-level partnerships.
- The iwi planning documents reviewed provide a wide range of methods of implementation relating specifically to important freshwater resources.
- Many of the iwi planning documents identify specific water bodies that are particularly significant to the group, and many also present a tāngata whenua classification for water quality.
- All iwi planning documents supported education as a method of implementation. Some examples such as iwi wānanga were provided.
- Most iwi planning documents promoted relationships and governance arrangements to be established and maintained with councils and other statutory bodies.
- Most iwi planning documents promoted specific projects to be undertaken in partnership with regional and district councils to improve water quality and recognise Māori cultural values.
- All but one iwi planning document promoted requirements or considerations of Māori values, relationships and roles in district plans and/or resource consent processes.
- One iwi planning document suggested the use of levies on all development that affected water.
- Less than half of the iwi planning documents identified consultation regarding a proposal that affected fresh water or other taonga as an effective tool.
- Two iwi planning documents identified information provision as a method of implementation. It is possible this is not considered as important as other methods, or alternatively it may be considered commonplace and not worthy of mention.
- The more recent iwi planning documents prepared by post-settlement governance entities were comprehensive, articulate and professional documents.