Section 3: What do tangata whenua need to participate effectively?

Setting up to participate effectively: a checklist

• Make sure you clearly allocate responsibility within your organisation or group for participating in resource consents. Each hapū or whānau should know what their role is.
• Establish internal decision-making processes on resource consent matters that are clear to the council and applicant.
• Determine who (or what legal entity) will be responsible for liaising with the councils. Make sure the councils know who the contact person is.
• Meet with neighbouring tangata whenua resource management organisations to determine areas of separate and common responsibility.
• Set up good office systems to manage the flow of information that could come your way.
• Make sure you have the resources and equipment you need to make the office systems work.
• Budget what the set-up and ongoing costs are and make sure you have access to the money/revenue to cover these costs.
• Signal your intent to enter into a memorandum of understanding or similar agreement with your councils to establish a working relationship.

How Kai Tahu o Murihiku has allocated responsibility

Invercargill City Council, Southland District Council, Gore District Council and Environment Southland entered into a Charter of Understanding about matters concerning the Resource Management Act 1991 with Kai Tahu o Murihiku in 1997. This charter defines the process for facilitating Kai Tahu o Murihiku involvement and consultation in the resource consent process. It also clarifies for resource consent applicants the range of Kai Tahu interests in RMA issues.

Governance structure

Kai Tahu o Murihiku represents 18 papatipu rūnanga o Murihiku. Kai Tahu o Murihiku formed Te Ao Marama Inc (Rōpu Whakahaere), which is made up of two representatives each from the Awarua, Hokonui, Oraka-Aparima and Waihopai rūnanga (eight in total). Te Ao Marama Incorporated (Inc.) employs a kaupapa taiao manager to provide a direct link to the local councils, Kai Tahu o Murihiku and the 18 papatipu rūnanga.

Te Rōpu Taiao is a political structure that sits between Te Ao Marama Inc. and the four councils, and is made up of one representative from each of the four papatipu rūnanga o Murihiku (the same representatives form each of the form the Management Committee of Te Ao Marama Inc.) and one elected councillor from each of the four councils. This rōpu now meets eight times a year and negotiates the annual budgets for funding Te Ao Marama. This rōpu also negotiates and adopts protocols for iwi input into plans, policies and consents.

The charter has helped to define the issues concerning iwi values, such as water and water-related activities and land activities. This list helps both councils and applicants for resource consent when engaging in consultation.

Funding for Te Ao Marama Inc.

These four councils fund Te Ao Marama Inc., a business unit providing liaison between resource consent applicants and local rūnanga. Te Ao Marama is a one-stop-shop for iwi liaison for resource management issues. Consent applicants who want to liaise with iwi can contact Te Ao Marama, who can then arrange for consultation with the appropriate rūnanga.

Resource consent applicants requiring iwi consultation are charged on a user pays basis for the time involved in consultation. There are also charges for disbursements and reasonable travel and accommodation costs, where necessary.

One important thing to bear in mind with this example is that Kai Tahu have the advantages of settlement assets, which have enabled the investment in time and money to achieve their structure. They also have statutory acknowledgements, which require mandatory responses from councils, and local rūnanga have the parent rūnanga to support and assist them.

Internal decision-making processes - how Kai Tahu ki Otago does it

Kai Tahu ki Otago has developed separate protocols with Dunedin City Council, Waitaki District Council, Clutha District Council, Central Otago District Council, Queenstown Lakes District Council and Otago Regional Council for defining the process for facilitating iwi consultation in the resource consent process.

KTKO Ltd, a stand-alone company established by Kai Tahu ki Otago, has developed a guidelines manual to assist Otago Regional Council staff identify what is of interest to iwi so that affected party status can be determined. This guideline manual will be extended to all district councils.

The decision-making process

The protocols cite the Te Runanga o Ngai Tahu Act 1996. This provides Te Runanga o Ngai Tahu with greater responsibility, accountability and certainty in the decision-making process regarding their resources and assets. The Act prescribes that where consultation is required with any iwi or with any iwi authority, that consultation shall, with respect to matters affecting Ngai Tahu Whanui, be held with Te Runanga o Ngai Tahu.

Te Runanga o Ngai Tahu is the tribal representative body of Ngai Tahu Whanui, a body corporate established under the Te Runanga o Ngai Tahu Act 1996. Ngai Tahu Whanui refers to the collective of the individuals who descend from the primary hapū of Waitaha, Ngati Mamoe and Ngai Tahu namely, Kati Kuri, Kati Irakehu, Kati Huirapa, Ngai Tuahuriri and Kai Te Ruahikihiki.

The Te Runanga o Ngai Tahu Act also acknowledges that consultation in the first instance is with the papatipu rūnanga. The four papatipu rūnanga of Otago and their whānau rōpu have combined to create KTKO Ltd, a stand-alone company independent of the regional and district councils.

What is the role of KTKO Ltd?

KTKO Ltd facilitates consultation between resource consent applicants and kaitiaki rūnanga. KTKO Ltd seeks written approvals on the applicant's behalf with the papatipu rūnanga within the region. Where applicants are applying for a non-notified application, KTKO Ltd will seek written approvals on behalf of the applicant from the relevant rūnanga. Where applicants are applying for a notified consent, KTKO Ltd will put the applicant in contact with the relevant rūnanga for their views or concerns.

Cost recovery

KTKO Ltd provides this service to applicants on a user pays cost recovery basis.

Once again, as with the previous example, Kai Tahu have the benefit of statutory acknowledgements, settlement assets and a very large rohe, which enable them to operate this structure. While this arrangement is unique in Aotearoa, there are lessons that can be learnt by smaller tangata whenua groups from how they operate.

Some basic systems

No matter whether you are a big organisation or a one-person-band, you will need basic office systems. These will include the following.

Recording incoming mail

Keep a record of the correspondence you receive. When you open the mail, record the date, writer and subject of the letter in a book or computer file. If you do this you have a clear record of what you have received and when. This can save you arguments about when you received something - or even whether you got it at all.

It's not always necessary to do this (especially if you get most of your correspondence by email), but you should always stamp incoming mail with the date stamp. That way at least you always know when you received the letter.

It is always a good idea to separately log any resource consent applications that come in the mail.

Maintaining a bring-up system

A bring-up system is simply a way of making sure you don't forget to do things that are important. There are all sorts of bring-up systems. Often you get letters that you don't have to deal with straight away but you do need to deal with them by a specified date. You can simply file these letters in a desk file that you look at every day. The desk file can be organised so that you can file letters to be looked at a day, a week or a month out. Many computer software packages have electronic bring-up systems and reminders.

Recording key dates and commitments

In addition to a bring-up system, you will need a system to keep track of critical dates (such as when meetings are scheduled, when submissions end, or when hearings are to be held). A simple paper diary or wall chart will work fine, but those with access to a computer might find an electronic system better. Computer-based systems have the advantage of allowing you to change dates easily, and they can give you reminders.

No matter what system you use, the trick is to keep it regularly updated. Every time you get a letter, an email or phone call make sure any key dates are transferred into your dairy.

A filing system

Any office needs a filing system. As a general rule every resource consent application that your organisation or group decides to get involved with should be given a separate file with a unique identifying number. That way you can store them in some logical order and find the information you need easily.

Templates

A simple way of reducing the work of running any office is to have model letters and forms (or templates) for the things you do most often. Templates can be in electronic form, or they can just be photocopies where you fill in the blanks.

Your organisation or group might use templates for:

• acknowledging an application forwarded by a council and advising when you expect to provide comment
• advising that your organisation or group has no interest in a particular application
• requesting more information about a proposal
• invoicing (where charging is appropriate).

Charging policy

If you are going to charge for your involvement in RMA processes, you need to be clear and open about your charging policy. Two approaches are common:

• you can offer a fixed price to look at an application and another fixed price for subsequent tasks (like preparing a report, or holding hui), or
• you can charge according to the time spent on a project.

You also need to decide whether to charge separately for the cost of disbursements (things like the use of your vehicle and phone calls), and whether you will charge for travel time and, if so, at what rate. Disbursements can be charged at either an as incurred rate (eg, the actual cost of phone calls associated with a particular application), or on a fixed rate basis (eg, a standard 5% on top of the time spent looking at an application, to cover fixed costs such as phone and computer use, power, etc.).

Sometimes you might encounter applicants who are unwilling to pay you. When you have been approached by an applicant for your comment, you should not assume that the applicant will pay. You should make sure that you address the issue of payment and agree on this with the applicant from the start. In doing so, ensure you make it clear to the applicant what service they should expect.

Time recording

If your organisation or group is charging for time spent providing comment on an application, you will need a system of recording time. As with any business, when you charge for a service there is a reciprocal obligation to be open and transparent about how much time is spent on each task. If someone questions how much you charge, you should be able to supply a detailed record of the hours spent and what was done.

Time recording is simple enough; it's just a discipline on individuals to make sure they record time on a daily basis. You can either use a job sheet approach (where a form sits on the front of every job file so that time is recorded each time anyone works on a project). Or, you can use a diary approach, where anyone working on a project keeps their own diary, with the hours worked against each project clearly recorded.

It is important to remember that it won't be reasonable for everyone who works on a project to be charged out at the same rate, so you need to make sure your time recording shows who has worked on a project and what they did.

Accounting systems

If you are incurring costs and receiving income you will need at least a basic accounting system. This system will include keeping separate records of:

• accounts payable (the money you have paid out) - this will allow you to keep track of what your costs have been and will be important if you are charging for disbursements
• accounts receivable (the money that has been paid to you) - this will allow you to keep track of who and how much you have charged.

Note: the IRD may also require you to keep a cash book, file a tax return and charge GST (depending on how much money is being made). You should check with the IRD if you have any doubt about your tax obligations.

Getting systems in place - how Ngati Wai Trust Board does it

At Ngati Wai Trust Board, consent applications are logged (recorded as having been received) and distributed to the resource management unit. Applications are assessed according to pre-determined criteria to establish the nature of any concern and to set priorities for responding to applicants.

Each application is assigned a cover sheet that summarises location, applicant name, date received, whether it is a notified or non-notified application, and other critical information.

Specific agreements

If an interest is established and more information is required, contact is made with the district council to seek more information via section 92 of the RMA. A specific agreement between Whangarei District Council and the Trust Board guides the subsequent actions of both parties for their ongoing involvement in the consent process. (See text box titled 'Specific agreements - how Ngatiwai does it', on page 25.)

Cost structures

Applicants are contacted immediately after an interest is established and a schedule of costs is sent out to them clarifying the charging regime and itemising costs. Costs are allocated differently depending on the activities (eg, by document perusal, site visit, report writing and vehicle mileage). Disbursement costs are standardised. Costs of administration are incorporated as overheads across the cost items.

The cost structure is explained to the applicant or their agent.

All activities are costed by the hour, apart from disbursement costs, and an estimation of total time spent is made directly by the RMA expert and office administration staff at the end of the consultation process.

Timeframes

Meeting commitments and site visit times and dates are managed individually by the staff member allocated to the particular application. There are no formal systems in place for managing this process.

Filing system

Consent applications are not formally filed until involvement in them has been completed. Completed consent applications are stored in box files according to the type of consent (eg, land use, subdivision, discharges), with a logging sheet that summarises the contents of the box.

Basic office equipment

At a minimum every efficient office will generally have the following:

• a good desk - you'll need a decent-sized one for spreading out plans
• a telephone (you don't need a dedicated number if you're operating from home, but it is good to have one if your home phone is heavily used by the whānau! You have to be contactable so, at the very least, you should have a telephone answering machine or a answering service that can take messages when you're out)
• a filing cabinet/system, or book shelf if you can't get hold of a proper filing cabinet
• an in-tray for putting mail you haven't dealt with yet
• a wall chart/calendar for work planning and noting key dates
• a white board for noting down things to do and prioritising tasks
• stationery - paper for letters and faxes (letterhead if you have it - but it's not essential), a diary (for recording meeting dates and other commitments, and for recording time spent on a job), files that can store all the paper and plans you might get from an applicant or council, and a date stamp to use on incoming mail (to record when you receive something by mail).

Te Tangata Whenua o Te Upoko o te Ika a Mauri and Wellington Regional Council

The seven iwi who are tangata whenua in the Wellington region and the Wellington Regional Council signed a Charter of Understanding in July 2000.

The Charter is a general agreement that contains the following:

• high-level goals for the relationship - what the parties expect to get from it and how they will work together
• acknowledgement of the Treaty of Waitangi and its principles as the starting point of the relationship
• identification of the ways in which iwi representation will occur
• recognition of principles of consultation
• commitment to conflict resolution that is positive, not litigious
• commitment to provide resources for tangata whenua
• an undertaking about how the Council will treat sensitive information provided by tangata whenua
• an acknowledgement of the need to learn more about areas of common interest through education and training.