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Exploration Of Māori Participation In Freshwater Management

• 1.0 Executive Summary
• 2.0 Introduction
• 3.0 Literature Review
• 4.0 Interviews
• 5.0 Further Discussion
• 6.0 Conclusions
• Appendix 1 – List and summary of literature reviewed
• Appendix 2 – Regional policy statement review table and summaries
• Appendix 3 – Regional plan review table and summaries
• Appendix 4 – Long-term council community plan review tables
• Appendix 5 – Iwi management plan review tables

Appendix 3 – Regional plan review table and summaries

1. Regional plan review table

Reference key for “nature of methods” in table above

Statutory          

Provides a policy or rule in relation to Māori involvement in water management

Operations       

Operational tasks and activities that are already part and parcel of services provided by a statutory body (would continue regardless of its reference in the document/are required by legislation)

Projects           

Temporary activities or tasks that are will require resourcing, a detailed plan and management

Education         

Programmes or publications designed to raise awareness, educate and guide management

Consultation     

Requests to applicants to liaise, discuss, or engage with Māori regarding a proposal

Relationship     

Cooperation, partnership, relationship to resolve matters as they arise

Governance      

The establishment of a new governance or management structure that includes Māori in decision-making process

Levies              

The consideration of a tax, rate or levy on an activity as financial contribution to environmental impacts

Monitoring        

Measuring water quality and quantity

Information       

The provision of relevant information (outside resource consent process)

2. Regional plan summaries

Bay of Plenty Regional Water and Land Plan

The Bay of Plenty Regional Water and Land Plan has a specific section afforded to kaitiakitanga (Chapter 2). A number of resource management issues of importance to tāngata whenua are identified in this part of the plan as follows:

• there being a significant gap between tāngata whenua claim of rangatiratanga for water and the role assumed by the Crown and delegated to the regional council
• the extent to which tāngata whenua seek to assume the management of water and other taonga within their tribal rohe has yet to be described or achieved
• the role of tāngata whenua as kaitiaki of water resources is given token regard or not recognised at all
• tāngata whenua may feel their concerns about water resources are not being fully addressed or considered during resource management decisions
• consultation with tāngata whenua on water issues may not be occurring to the extent tāngata whenua consider necessary to recognise and provide for the status Māori have under the RMA
• iwi/hapū resource management planning documents may not be recognised in resource management decisions
• wāhi tapu and taonga and sites of traditional cultural activities are being damaged or destroyed by use and development activities.

The policies in the plan seek to deliver environmental outcomes that take into consideration the above mentioned issues. The rules framework is also thorough, with Māori cultural values assessment criteria for most discretionary activities. The policies establish appropriate objectives and methods of implementation, with explanations and principal reasons.

Of note, methods of implementation to assist in achieving the intent being the policy framework include an undertaking by EBOP to:

• educate, promote and provide information
• work with other resource management agencies and the community
• use regulatory methods appropriately
• consider matters relevant to resource consent applications and processing
• provide works and services
• undertake monitoring and investigation of the environment
• when appropriate, provide an advocacy role.

Canterbury Natural Resources Regional Plan

Chapters 4 (water quality), 5 (water quantity), 6 (beds and margins of lakes and rivers), and 7 (wetlands), all refer to the significance of tāngata whenua values and the legislative requirement for tāngata whenua to have involvement in resource management procedures.

Each chapter has an introduction, background, the statutory framework for management and resolution of each issue through objectives, policies and rules.

At 4.1.1, a specific section is devoted to Ngāi Tahu values. It states: “Ngāi Tahu seeks the following outcomes:

• maintenance of the mauri of natural and physical resources and the restoration of mauri where it has been degraded by the actions of humans
• recognition of tāngata whenua as kaitiaki of water
• protection of wāhi tapu sites from inappropriate activities
• protection of the integrity of water bodies for cultural uses by prohibiting “unnatural” mixing of waters from different water bodies
• maintenance or enhancement of water quality by controlling the discharge of point and non-point sources of contaminants to water and the prohibition of the direct discharge of human effluent to water
• the discharge of water containing industrial or agricultural effluent be required to pass through land before it enters a water body
• the restoration of wetlands and riparian margins to be encouraged because of their pollution abatement functions.”

Links are made in Chapter 4 to the regional policy statement provision to … “protect wāhi tapu and other wāhi taonga of value to tāngata whenua”.

Section 4.3.4 refers to the Ngāi Tahu Freshwater Policy.

Section 5.2.1.5 acknowledges the significance placed on mauri, wāhi tapu, wāhi taonga and mahinga kai. Section 5.2.2.3 refers to tāngata whenua values in and around lakes.

Reference is made throughout the plan to the Ngāi Tahu Claims Settlement Act (1998) and to Ngāi Tahu plans and strategies. Overall, it seems Ngāi Tahu have had significant involvement in the development of the Canterbury NRRP with tāngata whenua values well represented and clearly defined.

Gisborne Regional Discharge to Land and Water Plan (2006)

At 1.4.4.1, the plan identifies the relationships with iwi authorities. Principles have been incorporated from several sources including the reports of Māori working groups. Principles include:

• that the mauri of the district’s environment is protected
• that the principles of the Treaty of Waitangi are taken into account in resource management
• that there are increased opportunities for tāngata whenua to exercise kaitiakitanga in the district
• that there are increased opportunities for cultural aspirations and tikanga of tāngata whenua with regard to natural and physical resources.

There are links to the Gisborne District RPS with respect to Treaty of Waitangi principles.

Chapter 7 ‘Discharges of uncontaminated water to water’ contains the following objective and supporting policy:

• Objective 7.1.2 – discharges of water to water should be managed to recognise and avoid adverse effects on the mauri of the waters
• Policy 7.2.2 – when considering applications to discharge water to water to take into account the values of tāngata whenua that may be affected
• no methods of implementation are provided.

Marlborough District Council Regional Plan (2003)

Chapter 3 (fresh water) has an introduction that discusses the various freshwater resource management issues in the Marlborough region, followed by objectives, policies and methods of implementation. The following issues and policies are identified relevant to tāngata whenua interests:

• Issue 3.2.1 – degradation of the quality of water within wetlands, lakes and rivers due to use and development of resources
• Issue 3.2.2 – objectives and policies
• Objective 1 – maintenance and enhancement of aquatic ecosystems and the management of the effects of activities on water quality in wetlands, lakes and rivers that enables (c) cultural integrity
• Policy 1.3 – avoid the discharge of contaminants into fresh water where it will adversely affect areas identified by iwi as being of special spiritual, cultural or historical significance.

Methods of implementation include rules, education, advocacy, liaison (in particular with tāngata whenua), monitoring and research.

Chapter 6 (tāngata whenua and heritage) specifies issues, objectives, policies and methods of implementation specific to tāngata whenua interests in the management of water. Methods of implementation include:

• management
• resource consents
• prohibited activities
• specific identification.

Nelson City Council Freshwater Plan

Chapter 4 – Resource Management Issues

RI (resource issue) 14 relates to tāngata whenua interests and sets out the following issues:

• adequate recognition of the needs and aspirations of tāngata whenua in resource management processes
• managing the adverse effects of resource use on cultural values and sites of significance to tāngata whenua
• access to culturally important resource such as pingao, flax, and kiekie
• identification and setting aside as wāhi tapu reserves, any sites of significant traditional value
• avoidance of damage to wāhi tapu sites as a result of earthworks or activities
• recognition of Māori communities for resource management purposes
• providing for kaitiakitanga and self management of tribal resources.

RI 18 – Freshwater Environment (section viii) states: “Fresh water is essential for survival and rivers are valued by many people for aesthetic, recreational, spiritual and cultural reasons.”

Chapter 5 – District Wide Objectives and Policies, sets out policies providing for the relationship of tāngata whenua with resources. In particular, policy 1.1.6 – water management, which states: “Make policy decisions on water management having regard to the provisions of resource management plans, such as eel management and iwi environmental management plans, that promote the sustainable use of water and associated resources.”

There is a cross reference to Nga Taonga Tuku Iho ki Whakatu Management Plan (Nelson Iwi Management Plan).

Anticipated environmental results include resource management decisions that include perspectives of Māori, increased management by iwi of their resources and iwi input into the present day management of natural resources.

DO 17 – Activities in the beds of rivers lakes and wetlands, refers to Nga Taonga Tuku Iho ki Whakatu Management Plan (Nelson Iwi Management Plan) – protection of wāhi tapu and the avoidance of adverse effects on the mauri of water resources, followed by objectives, policies and rules including monitoring and compliance to ensure cultural values are taken into consideration when dealing with water resources in the region.

Northland Water and Soil Plan

Section 4 of the plan provides specific comment on resource management issues under the jurisdiction of the plan from an iwi perspective. It states that water is a significant resource to tāngata whenua; all water is taonga and mauri is contained in taonga.

Section 5 sets out the management approach of the Northland Regional Council to address resource management issues, including:

• education, provision of information and advice
• codes of practice and guidelines
• rules and environmental standards
• water quality guidelines
• riparian management
• integrated catchment management
• minimum flows
• adoption of best practicable options
• monitoring.

The involvement of tāngata whenua in the above recognises and provides for Māori and their culture and traditions (RMA, section 6) is set out in the issues, objectives, policies, methods of implementation and principle reasons for adopting of those objectives, policies and rules. This section of the plan covering tāngata whenua interests and involvement with resource management of water resources is very comprehensive.

Plan effectiveness in terms of cultural needs (Section 39.7) is measured as follows:

• increased awareness of cultural needs of Māori, including recognition of Māori as a partner to the Treaty of Waitangi
• identification and protection of sites of special value to tāngata whenua in accordance with tikanga Māori including, where appropriate, the direct involvement of Māori in the management of the sites
• provision for the particular cultural concerns regarding the disposal of human and animal effluents to water.

Southland Proposed Regional Water Plan (2008)

Importance of partnership with tāngata whenua (Ngāi Tahu) identified in the introduction of the plan.

Purpose of the plan is to recognise and provide for the relationship of Māori and their culture and traditions with water, lakes, rivers and wetlands.

Strong policy framework that identifies Māori cultural values as being important in decision-making procedures associated with water resources.

The principle elements identified as being important to tāngata whenua in relation to rivers, lakes, and wetlands include:

• protection of mauri and wairua
• adverse effects on mahinga kai
• protection of wāhi tapu and other taonga
• recognition of special significance of particular water bodies.

Rules framework provides for tāngata whenua interests.

Taranaki Freshwater Plan

The purpose of the plan is to assist the Taranaki Regional Council (TRC) to carry out its functions under the RMA to promote the sustainable management of the freshwater resources of the region. The plan identifies how freshwater resources of the region (both surface water and ground water) are to be managed.

It does this by identifying important issues from state of the environment monitoring relating to the use, development and protection of the freshwater resources of Taranaki. Objectives, policies and methods are set out for addressing these issues. Ongoing state of the environment monitoring enables the TRC to assess the effectiveness of the plan and review policy direction where necessary.

Tāngata whenua considerations/Māori cultural values are well canvassed throughout the plan. Chapter 4 specifically relates to tāngata whenua considerations. Issue 4.1 states: “Recognising and providing for the relationship of tāngata whenua and iwi and hapū of Taranaki and their culture and traditions, with their water, sites, wāhi tapu and other taonga.”

Principle issues addressed adequately through policy framework, rules, and methods of implementation include:

• recognition of spiritual values
• adverse effects on mahinga kai
• protection of wāhi tapu and other taonga
• recognition of special significance of particular water bodies.

Methods of implementation include application of regional rules, consultation, participation of tāngata whenua in resource consent procedures, investigation of potential funding to assist tāngata whenua, and encouragement by TRC for iwi or hapū to participate in environmental monitoring.

Tasman District Regional Plan Water

Chapter 30 has an introduction which sets out the water resources of the Tasman region and discusses values associated with water. A specific section is afforded to discussion of tāngata whenua values. Here, the plan states (amongst other things):

• water is of great significance to tāngata whenua
• as kaitiaki, or guardians, tāngata whenua believe that the maintenance of the mauri, or life-supporting capacity of water, is fundamental to ensuring the physical and spiritual survival of all living things
• water bodies provide tāngata whenua with mahinga kai
• tāngata whenua have a long association with water bodies in the Tasman region
• statutory requirements to recognise and provide for Māori cultural values when dealing with resource management issues associated with water.

A suite of issues, objectives and policies are then set out, but in terms of Māori cultural values, there is no specific objective other than avoiding adverse effects on ‘cultural values’.

Methods of implementation include statutory (primarily through rules (Chapter 31)), education and advocacy, financial contributions (incentives for wetland enhancement etc), and investigations and monitoring (to ensure that anticipated environmental outcomes are occurring and, in turn, measure the effectiveness of the plan).

Waikato Regional Plan

Chapter 1 sets out approaches to resource management. Environment Waikato (EW) has chosen to develop a resource-based regional plan. The Waikato Regional Plan is an integrated plan covering the parts of the environment for which EW has functions under Section 30 of the RMA: for water, river and lake beds, land and soil, air, and geothermal resources (Section 1.2.1.1).

Policies provide direction and certainty to resource users, tāngata whenua, and the general public regarding the use, development and protection of natural and physical resources of the region.

Policy 10 – Consultation with tāngata whenua, provides that Assessment of Environmental Effects (AEEs) for resource consent applications include, where appropriate:

• a record of consultation conducted with tāngata whenua
• information on how the activity will affect the relationship of tāngata whenua with the natural and physical resources EW is responsible for managing in this plan.

Section 1.2.5 provides broad implementation methods, including monitoring permitted activities, good practice guides, environmental education, economic incentives, assessment criteria and principles of good consultation.

Chapter 2 discusses matters of significance to Māori. The introduction sets out the statutory context for consideration of Māori cultural values and the key resource management issues of importance to Māori in the Waikato region. The chapter then covers the issues specific to each iwi in the Waikato region, including Hauraki, Raukawa, Waikato-Tainui, Ngāti Maniapoto and Ngāti Tuwharetoa. Water is highlighted as a key resource management issue for all iwi.

Section 2.3 – Tangata Whenua Relationship with Natural and Physical Resources, sets out at resource management issues with objectives and policies. Issues relating to water include:

• Issue 2.3.1 – There is no clear process to define the relationship between tāngata whenua and the natural and physical resources for which they are kaitiaki. This creates uncertainty and costs for resource consent applicants, council, tāngata whenua, and the community, and hinders the ability of tāngata whenua to give effect to kaitiakitanga.
• This leads to Objective 2.3.2 (a) to minimise the uncertainty for all parties regarding the relationship between tāngata whenua and resources for which they are kaitiaki; and (b) for tāngata whenua to be able to give effect to kaitiakitanga.
• Supporting policies in section 2.3.3 establish processes for defining and maintaining the relationship and increasing awareness.

Implementation methods in section 2.3.4 include:

• identification of iwi authorities
• establishing working relationships
• integration with territorial authorities
• consideration of Treaty claims
• support and encouragement of tāngata whenua with iwi management plans
• collection and collation of information to make it available publicly
• identification of culturally sensitive information
• establishment of consultation protocols
• transferring of powers to tāngata whenua (where appropriate)
• consideration of tikanga in appointing hearings commissioners/scheduling hearings at marae
• careful consideration of discharge of human-based sewage effluents
• careful consideration of customary uses
• tāngata whenua participation in resource monitoring.

Chapter 3 – Water Module, focuses on water resources, the issues, objectives, policies, rules, and anticipated environmental outcomes. Issue 3.1.1 states:

• contamination of both spiritual and physical attributes of water quality, depletion of flows and other disruption to water bodies has the potential to adversely affect the relationship tāngata whenua as kaitiaki have with their identified taonga, the freshwater fishery, and flora and fauna in and on the margins of water bodies
• the mauri of water can be degraded by changes to flow regimes, discharges of point and non-point source contaminants, abstraction, drilling and drainage of wetlands. These changes can adversely affect the relationship tāngata whenua as kaitiaki have with water and their taonga, such as wāhi tapu and native flora and fauna that have customary and traditional uses that are in or on the margins of water bodies
• the mauri of water is degraded by contaminants and over abstraction and in turn has negative impacts on the mana of kaitiaki.

Objective 3.1.2: The management of water bodies in a way which ensures (a) that people are able to take and use water for their social, economic and cultural well-being; and (b) that significant adverse effects on the relationship tāngata whenua as kaitiaki have with water and their identified taonga such as wāhi tapu, and native flora and fauna that have customary and traditional uses in or on the margins of water bodies are remedied or mitigated.

Supporting policies are primarily scientifically based, eg, water classification. However, policy 6 under the heading ‘discharges’ seeks to ensure that the relationship of tāngata whenua as kaitiaki with water is recognised and provided for to avoid significant adverse effects and remedy or mitigate cumulative adverse effects on: (a) the mauri of water; (b) wāhi tapu sites; (c) other identified taonga.

Chapter 4 deals with river and lake bed resource management issues. Tāngata whenua interests are well canvassed.

Auckland Regional Plan – Air, Land, Water

The statutory context (RMA Part II) is set out in the introduction.

Section 1.7.6 refers to the importance of iwi planning documents.

Chapter 2.3 – Matters of Significance to Tāngata Whenua, provides five main policy directions:

• recognising sites and areas of special value in accordance with tikanga Māori, and providing appropriate levels of protection
• providing for Māori customary activities and actively protecting these from the effects of other activities
• the effective involvement of tāngata whenua in the preparation, implementation, monitoring and review of statutory plans and resource consent processes
• taking into account the effects of managing resources on Treaty claims and customary rights
• enabling the practical expression of kaitiakitanga by tāngata whenua.

These policy directions provide the basis for dealing with issues, and setting objectives, policies, rules and anticipated environmental outcomes within the plan. Tāngata whenua values for water resources are well canvassed.

Tāngata whenua “world view” is set out in Chapter 2.3. Relevant issues include:

• processes and activities adversely affecting relationships with ancestral taonga (2.3.2.1) – includes extensive discussion of relationships and water quality
• direct and effective tāngata whenua involvement in managing their ancestral taonga (2.3.2.2).

Methods of implementation to address the above issues include:

• ensuring plan rules provide opportunities for tāngata whenua to assess the potential effects of resource consent applications on relationships with ancestral taonga
• supporting and protecting kaitiaki initiatives, including rahui and whakatapu, and monitoring, enforcement and enhancement programmes
• local authorities assisting with the preparation of iwi resource management plans and incorporating such plans into statutory processes
• ensuring proactive and quality consultation occurs between tāngata whenua, applicants and local authorities
• ensuring quality information is available regarding tāngata whenua interests
• increasing the representation of tāngata whenua interests in decision-making, including the use of hearings commissioners with recognised expertise in tikanga Māori, where appropriate.

The plan demonstrates a strong policy framework on the management of water resources and the consideration of Māori cultural values in this context.

Horizons Manawatu Regional Land Water Plan (2003)

There is limited discussion and recognition in the plan of tāngata whenua relationships with water, and interests in the management of water through the issues, objectives and policies. Statutory requirements to engage with tāngata whenua are only indirectly acknowledged with no specific mention of Part II. Both regulatory (primarily rules) and non-regulatory methods are used to achieve sound water management and consideration of tāngata whenua interests.

Otago Regional Plan Water (2004)

Chapter 4 – Kai Tahu ki Otago, has a thorough analysis of tāngata whenua relationship with water and the legislative requirements to take Māori cultural values into account. Issues of concern to Kai Tahu are clearly set out with a helpful link to relevant issues, objectives and policies throughout the rest of the plan.

Chapter 4 enables Chapters 6 (water quantity), 7 (water quality), 8 (beds and margins of lakes and rivers), 9 (groundwater) and 10 (wetlands) to focus on the science behind achieving good quality outcomes while cross-referencing to chapter 4 for tāngata whenua values.

Section 2.3 – Other Resource Management Documents, states that reference should be had to the Natural Resource Management Plan prepared by Kai Tahu ki Otago.

Regional Freshwater Plan for Taranaki

In Part II, Chapter 4, the plan states that it is important to recognise and provide for the relationship of tāngata whenua and iwi and hapū of Taranaki and their culture and traditions with their water, sites, wāhi tapu and other taonga. The principal issues identified are:

• recognition of spiritual values
• adverse effects on mahinga kai
• protection of wāhi tapu and other taonga
• recognition of special significance of particular water bodies.

These are followed by objectives and supporting policies to address the principal issues identified. Methods of implementation include the application of regional rules, tāngata whenua consultation, provision for tikanga Māori in hearings procedures, support for iwi/hapū initiatives, planning assistance, funding, and encouraging tāngata whenua  monitoring to measure the effectiveness of the plan.

Waitaki Catchment Water Allocation Regional Plan (2005)

The plan sets out in Chapters 1, 2 and 3 the legal framework and introduces the natural and physical resources and communities of the Waitaki catchment.
Chapter 4 provides an overview of requirements for water. A specific section is afforded to tāngata whenua cultural requirements for water.
Chapters 5, 6, 7, 8, and 9 set out the key issues for water allocation, the policy framework, rules, and anticipated environmental outcomes. Tāngata whenua values are taken into consideration.
The plan mentions requirement to take into account the Ngāi Tahu Claims Settlement Act (1998) and that iwi management plans must be considered.

Wellington Freshwater Plan (1999)

Chapter 1 provides a broad introduction to the area covered by the plan and its scope. Chapter 2 identifies key issues. In Section 2.1, the relationship of tāngata whenua with fresh water is identified as a key issue.

Chapter 4 sets out ‘general’ objectives and policies. Sections 4.1.and 4.2 relates to the relationship of tāngata whenua with fresh water.

More specific objectives, policies and rules are provided for in each of Chapters 5 (water quality and discharges to fresh water), 6 (water quality and the taking, use, damming or diversion of fresh water), and 7 (use of beds of rivers and lakes and development on the flood plain).

In section 8.1 the following methods have been identified to deliver on the issues, objectives and policies relating to the relationship of tāngata whenua with fresh water. Wellington Regional Council will:

• assist with collecting and collating relevant information to give effect to policy
• provide opportunities for tāngata whenua to participate in the resource consent process
• liaise with tāngata whenua over water resource issues in the region.

West Coast Proposed Regional Water Plan (2007)

Chapters 1, 2 and 3 introduce the plan, its purpose, the water resources within the West Coast region, and summarise the relevant legislative and policy framework. RMA Part II matters including provisions for Māori cultural values to be recognised and provided for are included throughout the plan.

Section 2.4 states that iwi management plans need to be considered for water management issues.

Chapter 4 specifically focuses on the Ngāi Tahu perspective on water resources. Various issues are identified.

Chapters 5, 6, 7, 8, and 9 contain objectives, policies and rules which refer ‘generously’ to tāngata whenua values.

Chapter 13 sets out methods (other than rules) to achieve the objectives and policies of the plan, including:

• liaison
• information channels
• promotion and education
• monitoring
• codes of practice and environmental management systems.

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