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Future proactive steps for Maori participation in the RMA

Iwi/hapu environmental management plan

This plan should:

  • identify and describe the environmental aims and desires of your hapu or iwi
  • establish methods for achieving these (whether or not it involves using the RMA).

Why have an environmental management plan?

The RMA requires local authorities to have regard to relevant planning documents of iwi/hapu during that local authority's planning process. An iwi or hapu plan could prove to be an effective tool for empowering hapu or iwi in any resource management dealings with local authorities.

Local authorities are only obliged to have regard to the sections in your plan that fall within the RMA. So, it may be in your best interests to clearly distinguish within your plan the statements that the local authority in your area should particularly consider.

When developing your plan you should try to make sure that at all stages the whanau, hapu or iwi are involved and kept informed of progress.

First steps to developing your plan

The following steps will give you an idea of what you need to think about before developing an environmental management plan for your area. Most of the guidelines and ideas have been taken from Mauriora ki te Ao (a Te Puni Kokiri publication) [1993].

Step 1: Consider before developing the plan

Who will develop the plan?

You need to know who will have the main responsibility for developing the plan. The group chosen to develop the plan will need to be fully supported by the whanau, hapu or iwi.

Do you have adequate resources?

You will need to make sure that you have the necessary resources to develop the plan. Resources that may be required include:

  • people with appropriate experience and skills
  • an appropriate place to work in
  • appropriate equipment to work with
  • access to necessary information
  • funding for any salaries
  • funding for holding hui and other costs.

Have you prepared an outline of your plan?

It is good to have an idea about what your plan should include. Preparing an outline of your plan will help you to decide on its purpose and key messages.

You should identify:

  • why are you putting the plan together?
  • what methods will achieve this purpose?
  • what resource management issues are important to your iwi/hapu?
  • what process will you use to gather information?

For example: interviewing kaumatua, holding hui, communicating with local authorities to use their information resources.

  • what is your estimated budget for developing the plan?
  • what is the estimated time frame for completing the plan?

Step 2: Identify who the plan applies to and the area it covers

This would include:

  • describing your hapu or iwi
  • describing your tribal boundaries
  • stating whether this plan will apply to taura here in your area (by discussing this with a taura here representative group in your area)
  • describing the natural features and/or resources within your rohe
  • describing the association you have with these features and/or resources.

For example: you may wish to include the whakapapa of your hapu/iwi to these resources.

Step 3: Develop the content of the plan

Once you have provided a general description of the natural features within your rohe, you should then provide a more detailed description of each of the following resources.

Papatuanuku/land planning

Describe the resources located within your rohe. Also, consider some of the following:

  • outline any specific aims your people might have for the land
  • describe any activities that are currently being performed on the land
  • describe any effects these activities may have on the land
  • list any tribal aspirations you may have for developing the land.

For example: you may wish to build papakainga, kaumatua flats, or establish a kohanga reo on parts of the land.

Wahi tapu/wahi tupuna

You may wish to create a database of any:

  • wahi tapu sites
  • wahi tupuna sites
  • other sites and localities of ancestral or historic significance.

Confidential information

Some of this information may be confidential. So you should think about:

  • making sure that any information you have been given from your whanau remains the intellectual property of that whanau and also remains confidential
  • developing a process for communicating parts of this information to your local authority. This would give them an idea of the general location, without giving away the exact site.

Tangaroa/water management

You should consider:

  • where your land management ends and water management begins.
    For example: identify fishing or shellfish gathering places, any commercial ventures such as marine farming, recreational activities such as boating, and any ceremonial activities
  • identifying any effects these activities may have on your water resources.
    For example: pollution, depletion or maintenance of kaimoana, care of plant life
  • how you would go about making sure these activities don't badly affect your water resources
  • identifying all water bodies, islands, taiapure and mahinga mataitai, and including them in your plan.

Ranginui/air planning

You should consider describing the:

  • activities that take place within your area, and the effect these activities may have on your airspace.
    For example: the amount of noise that occurs within your area, bad smells that are put into the air by industries, pollution caused by planes or discharges.

Nga hua o te Taiao

You may wish to identify and describe resources that were traditionally managed and used by your tupuna.

For example:

  • plants used for medicine and weaving
  • water for drinking, cleaning and ceremonial purposes.

You may wish to describe how these resources are currently being used and the present ahua of these resources.

For example:

  • the seafood that you traditionally gathered may be less plentiful and water may look paru.

In assessing the ahua of your resources, you may need to develop a set of criteria for measuring whether the quality of your resources is acceptable or changing over time.

Criteria for determining whether the quality of a river is acceptable or is changing could include:

  • smell
  • level of water
  • what it looks like.

You might also want to identify who is currently managing these resources within your area, and whether or not those resources are being well managed.

Step 4: Identify any other matters of importance to your planning

Treaty claims or issues

You may wish to identify in your plan:

  • any Treaty settlement claims in your area
  • the possible impact these may have on environmental management and decision-making.

Participation in resource management decision-making

You may also wish to:

  • identify (for local authorities) how you would like to be involved in environmental management and decision-making
  • set out the types of situations and types of powers and functions the local authorities could transfer to your iwi authority.

Representative groups

It would also be a good idea to:

  • identify appropriate representatives from your whanau/hapu/iwi to consult with local authorities on environmental matters.

Also set out your own procedures for:

  • participating in consultation processes
  • monitoring environmental outcomes
  • possible joint management initiatives with councils.

Step 5: Set goals, objectives and strategies

The final stage of your planning should include setting goals, objectives and strategies. You should identify:

  • high and low priority issues
  • long term and short term goals.

This will give you an understanding of the tasks ahead of you. You may also need to develop a monitoring system to:

  • measure your progress in achieving the environmental goals you have set
  • measure how responsive your local authority has been to including the content of your plan in their resource management decision-making.

Preparing a dispute resolution strategy

Mediation is one of the methods used to resolve disputes without having a formal hearing. A mediation may be held where an appeal has been lodged with the Environment Court.

Mediation is a voluntary process

Both parties must agree to meet before a mediator whose role is to help the parties to:

  • define the issues
  • look at the options
  • assist in resolving matters in a way that is acceptable to both parties.

Generally it involves a compromise by both parties.

There are advantages to mediation

Mediation is flexible, less costly and allows both parties to put their position in a less formal way.

When can mediation occur?

Generally mediation occurs when an appeal is waiting to be heard by the Environment Court. The Court will ask whether the parties are prepared to consider mediation and, if so, the Court can arrange for one of its Commissioners to be the Mediator.

A dispute resolution strategy

A dispute resolution strategy is a detailed description as to how you want to go about settling disputes with other groups outside of a formal process, for example by way of mediation.

You can include this strategy in your iwi/hapu environmental management plan. It can be put together and defined by whanau, hapu or iwi and should include:

  • a statement of what the group wants to achieve
  • a bottom line you'll accept, or a best alternative to the outcome you want
  • weighing up the various options, and whether they are available, appropriate and affordable.

A dispute resolution strategy should allow you to:

  • focus on an outcome that the whanau, hapu or iwi agrees with
  • encourage a pro-active rather than a reactive position
  • empower the whanau, hapu or iwi by finding out what is an appropriate process for you
  • look at how the outcome you want fits in with other environmental objectives
  • think about possible relationships with other groups that could help get what your whanau, hapu or iwi wants
  • consider costs [C Blackford and H Matunga - Maori Participation in Environmental Mediation - Centre for Resource Management Information paper no. 30 - August 1991].

Apply for funding from the Sustainable Management Fund

The information on this web site was partly funded by the Ministry for the Environment's Sustainable Management Fund ('SMF').

The main purpose of SMF is to support the community (including iwi and community groups) in a number of environmental management initiatives. Funding is provided to help the community to identify and participate in developing solutions to sustainable management issues.

Who can apply?

The fund is open to any individual, group or organisation able to deliver any of the outputs in the topic areas listed in the SMF guide. Outputs listed in the topic areas change from year to year. Applicants must be able to meet the eligibility criteria and demonstrate that they have the expertise necessary to deliver the proposed project.

When should you apply for funding?

There are two funding rounds each year, one in February and the other in August. It is important when making an application for funding to make sure you submit it to the Ministry for the Environment in the first round if possible.

How do you apply for funding?

Each year in November the Ministry for the Environment publishes a SMF booklet listing the new outputs for topic areas. The SMF booklet also describes how to go about applying for funding and contains a section that shows you how to fill out an application form.

If you are considering applying for funding make sure that you have a clear idea of the type of proposal you will submit and how you are going to achieve it.

You will also need to show that your application is consistent with environmental priorities set by the Ministry for the Environment. The Ministry's Environment 2010 Strategy [September 1995] lists a number of environmental priorities. You can obtain a copy of this strategy from the Ministry for the Environment in Wellington.

You will need to show how your proposal fits in with the priority outputs in the topic areas set out in the SMF booklet.

Your application should also include a project title and description of the project outlining:

  • the objective of the project
  • what you expect to achieve
  • how the information is to be distributed
  • when you expect to complete the project
  • who the project is for.

The application should also include a description of the issue you will address by your project.

For example:

Your hapu does not have an environmental management plan and would like to develop one.

You would also include in your application:

  • the community demand for this type of project and community support
  • a description about how you are going to achieve your project outcome
  • a work programme outlining the milestones (or estimated dates for completing certain parts of the project)
  • an estimated budget and breakdown of costs for the project
  • a description of how you are going to measure the effectiveness and efficiency of the project.

For example:

If part of your project is to hold workshops with hapu members, then you may wish to develop a survey for participants to provide feedback on the effectiveness of the workshops.

Eighty per cent is the maximum amount of funding you can get from SMF. You should expect to cover the rest of the costs or apply for additional funding from another agency.

The Ministry for the Environment is currently considering changing the SMF criteria to help more Maori groups obtain funding. Presently only 2% of all applicants obtaining funding have been Maori groups.

For more information on how to go about applying for funding, contact the SMF Contracts Manager at the Ministry for the Environment in Wellington.

Establishing a relationship with your local authority

Establishing an effective working relationship with local authorities could assist in better hapu/iwi participation at all stages of environmental planning and decision-making.

A number of councils and iwi authorities have made progress in their relationships by developing a memorandum of understanding.

A memorandum of understanding sets out the details

A memorandum of understanding is an agreement that sets out the details of a relationship.

For example: if a memorandum were agreed to between your whanau/hapu/iwi and the local authority, it could set out when and how you would like to be involved in resource management matters.

Considerations when developing a memorandum of understanding

A memorandum of understanding should be developed jointly between representatives of the hapu/iwi and your local authority (or authorities) to be most effective.

You may wish to consider including the following matters into the memorandum of understanding between your ropu and the local authority. These include:

  • identifying who you are and who you represent
  • making sure that an ongoing communication process is set in place (for example, a monthly meeting).
  • making sure that there are clear processes in place for your consultation (for example, processes for planning and resource consent applications).
  • identifying the types of resource consent applications you would like to be contacted about regardless of whether these have been publicly notified or not
  • providing for your participation in environmental decision-making which may affect the use of resources that are particularly important to you
  • providing for your participation in monitoring the effects of certain resource uses
  • making sure that you are able to use and develop the resources that are important to you
  • identifying the types of situations you would expect the local authority to consider transferring functions and powers to you
  • ensuring that your participation in resource management planning and decision-making is to be properly resourced both in terms of skill training and funding by the local authority.

It is important to make sure that before you sign the memorandum of understanding you and your local authority have the same understanding of hapu/iwi involvement in resource management processes. Make sure that your involvement in resource management processes is not on a consultation basis only and that the agreement provides for your clear active participation in all stages of resource management planning and decision-making that may have an impact on you and your resources.

Becoming involved in local authority decision-making

Representation on the local authority

Encourage and nominate members of your whanau/hapu/iwi to stand for your local council elections. Your hapu/iwi should benefit by having a representative on council, as it is often the elected council representatives who make the final decisions on a number of environmental matters in your rohe.

Your representatives (if elected to council) will be a voice for your hapu/iwi interests and may be in a position to influence change.

Make sure that you support any representative and that those eligible to vote are registered and aware that you have a representative standing in the council elections.

If you would like further information on how to apply for a councillor position, the local authority in your area should be able to assist you with this.

You should also contact your local authority if you would like to know more about voting in council elections or standing for council elections.

Consider the environmental initiatives of other indigenous peoples

International indigenous initiatives

It is important to keep in touch with environmental initiatives indigenous peoples are involved with around the world. Through the Internet you can get to know what's going on in the international arena, form relationships with other indigenous people and support each other on environmental matters.

We could also share our traditional environmental knowledge with other indigenous peoples and find ways together of pushing for better participation by indigenous peoples in environmental management and decision-making worldwide.

Some of the indigenous environmental initiatives taking place around the world

1. Indigenous Hawaiians have been pushing their views into international forums through non-governmental organisations.

The Wai'anae indigenous Hawaiian community tries to keep its traditional environmental practices alive by actively pursuing pre-colonial, traditional Hawaiian environmental philosophy and rituals [P Laenui - Director of the Institute for the Advancement of Hawaiian Affairs - An Introduction to Some Hawaiian Perspectives on the Environment - Oct 1993].

2. In a growing number of cases around the world, indigenous peoples have been regaining management and control of their resources through negotiated partnerships with national agencies.

For example: in Alaska the Inuit people regulate their own whale harvests through the Alaska Eskimo Whaling Commission.

Indigenous Alaskans are also represented on special management boards established by national legislation, to regulate harvests of migrating herds of caribou.

3. There are also a few cases in which indigenous peoples have been able to preserve or regain complete territorial control of their land, including environmental protection and wildlife management.

Some 300 Indian tribes in the United States have territorial authority over Indian reservations. These reservations comprise about 5% of the country. Tribal government has the same status as state government under a growing number of national environmental laws. These laws entitle them to financial assistance, and to participation in co-ordinating bodies.

They are also devising their own environmental assessment procedures and have already established their own technical co-operation organisations, such as the Council of Energy Resource Tribes (CERT) [International Indigenous Commission - Indigenous Peoples' Traditional Knowledge and Management Practices - A report prepared to the UN Conference on environment and development - June 1991].

4. Other indigenous peoples form environmental lobby groups to successfully oppose exploitation of resources by large industries and companies.

For example: groups like the 'Standing Rock Sioux' and the 'Northern Cheyenne' in America are beginning to enforce federal laws protecting their land, water and air from pollution [D Lewis - Essay on Native American Environmental Issues - Native America in the Twentieth Century: An Encyclopaedia - 1994].

5. The first nation peoples in Canada are developing protocols in order to empower them when negotiating and forming relationships with non-native environmentalists [Kakwirakeron and D Good - First Nations Protocol - 1995].

International law

A number of international conventions and declarations provide for the aspirations of indigenous peoples and the environment.

For example:

The Convention on biological diversity (to which New Zealand is a party) contains a reference to indigenous peoples' environmental knowledge and practices.

Article 8(j) says that each country should try to respect the knowledge and practices of indigenous peoples and apply it generally with their approval and involvement.

This Convention is not legally binding on the New Zealand Government, but it is highly influential because we are a party to it.

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