How do I consult?
This section provides an outline of some basic elements to a consultation process. Each process will differ depending on the nature of your project or proposal and what the environment and community in which it is proposed is like.
Where do I start?
- Discuss the proposal with the council who may be able to help you list the parties to consult.
- Prepare consultation material such as:
- a brief written description and plans of your idea/proposal
- a tentative assessment of environmental effects
- measures you would propose to reduce the extent or impact of those effects.
- Consult with identified persons and groups:
- by letter (usually) in the first instance with an offer of follow-up contact to discuss the proposal in the following days
- by telephone (where possible) to confirm that they've received the information you sent, and to arrange further communication (preferably face-to-face) to determine any issues
- at an on-site meeting, where you explain your proposal.
- Arrange further information and meetings as necessary.
Your consultation material can form the basis for the assessment of environmental effects (AEE) that you need to submit along with your application. You should be asking those you consult with whether you have accurately described the potential effects of your activity, whether they can identify any you have missed, and whether the way in which you propose to deal with those effects is adequate.
Identify as soon as possible whether the proposal may have significant environmental impacts.
Feel free to suggest timeframes within which you would like a response from those you consult. These timeframes shouldn't be too short unless the party concerned is prepared to make such a commitment. You'll need to be flexible and open to negotiation. Try to reach agreement with the people you consult over when they will be in a position to respond. This discussion will give you a good sense of each others' commitments and obligations.
Avoid large, public meetings because it can be difficult for you and other parties to communicate well. For large proposals, consider open days or evening events (advertise by letter-drop if for a large audience), one-on-one meetings, or a series of small meetings of people with similar interests.
Is consultation with tāngata whenua different?
Generally not, but keep in mind the following:
- There may be more than one tāngata whenua group for an area (iwi, hapū, whānau).
- Tāngata whenua have a special relationship with the environment that is specifically provided for in the RMA.
- Tāngata whenua groups often work to different timeframes than you are familiar with. They often need to reach consensus among marae committees and/or elders on an application before responding. Meetings are often held on a monthly basis. Many of these meetings are voluntary and will be held during weekends, or early week evenings.
- Tāngata whenua usually prefer personal contact and face-to-face meetings. They may not respond to letters.
- Protocols may apply at marae meetings including koha (donations).
- No one person may hold all the information you are seeking. Sometimes information will be held only by specific families who for cultural reasons prefer that others do not speak on their behalf.
- Iwi management plans (if prepared) contain useful information on what matters to a particular tāngata whenua group, and can help you focus your consultation efforts. Councils are required to keep a list of iwi management plans lodged with them and usually make them available for public viewing.
- There may be value in seeking a report from the group that explains these cultural values, interests and associations. Sometimes referred to as a 'cultural impact assessment', this report can form part of your assessment of environmental effects, and help you consider and reach a position on the effects of your proposal. Such reports may range from a simple letter to a substantive report which can be commissioned as a technical report.
- Tāngata whenua groups may need to seek reimbursement for time and expense costs incurred during consultation.
Try to reach agreement with tāngata whenua groups on how you will engage them in your proposal. Ensure the people with whom you are speaking have the authority to represent the view of their iwi, hapū or whānau. This may involve something as simple as an email. On the other hand, it might involve developing a memorandum of understanding or protocol for on-going communication over the operation of your project (once established), or for consultation over future projects.
Find out whether the group has a policy of charging for consultation or advice given. If it does, then ask for a schedule of fees and standard disbursements, and/or establish a terms of reference in advance of any work done.
What next?
- Review your proposal in light of any issues raised.
- Provide feedback (preferably in writing) to parties consulted.
- Continue communication as necessary throughout the resource consent process including further correspondence and meetings.
- Submit a full record of the consultation you have undertaken to the council as part of your application, even where this has been unsuccessful, or has met with continued silence.
Keep copies of correspondence and make notes at consultation meetings to allow an accurate record to be provided to the council.
