After applicants have checked the Taranaki Regional Council’s plans and policy statements for an overview of the rules and resource management issues they need to find out which tāngata whenua groups might be affected by their proposed activity.
When the relevant tāngata whenua groups have been identified it’s important to check whether those groups have a hapū and iwi management plan in place, and if so read it. These planning documents describe the resource management issues of most importance to that group.
By familiarising themselves with this information first, applicants will be better prepared for their discussions with tāngata whenua about potential effects on cultural values by their proposed activity.
Understanding cultural effects is an important and valuable part of the consenting process.
Although the RMA acknowledges the importance of consulting tāngata whenua as part of the resource consent process, it does not specify how this consultation should be conducted. Regardless, the best way for an applicant to learn about any potential cultural effects is to contact the relevant tāngata whenua representatives directly prior to lodging a consent applicant.
Helpful consultation hints:
- Remember, engagement is fundamentally about building effective relationships. Wherever possible pick up the phone, or make contact kanohi ki te kanohi (face-to-face), rather than sending letters or emails.
- If you are contacting the tāngata whenua group by phone make sure you have a copy of your proposal and application handy so you can answer any questions they may have. You may need to send copies of these documents later.
- If you are contacting them by email make sure you include a copy of your draft proposal and application, highlighting key points of the activity.
Applicants should keep a written record of their communications with tāngata whenua and include it as part of the cultural effects assessment section of their consent application.
Depending on the scale of activity and potential effects, tāngata whenua may need to charge a fee for the time they spend:
• Considering an application;
• Conducting a site visit;
• Meeting with applicants and their experts, and/or;
• Preparing a Cultural Impact Assessment, if one is needed
It is important that applicants and tāngata whenua representatives discuss and agree on the proposed methodology, timing and costs for the assessment before they begin (if one is required). The hourly rate is often based on market rates for technical services.
Similar to how a tradesperson might prepare a quote, it’s important that applicants ask:
• How the tāngata whenua group will identify potential cultural effects
• How long it’s likely to take for any agreed work to be completed
• What form the response will take, i.e. email, report or other
Depending on the activity and scal of potential effects, a short report summarising the effects and any proposed mitigation may be sufficient to cover off the cultural effects section of the AEE that accompanies a consent application. Alternatively, applicants can do an assessment of the policies. If the cultural effects are more than minor (likely to cause a noticeable adverse impact but could be potentially mitigated or remedied) then a more detailed Cultural Impact Assessment (CIA), prepared by tāngata whenua may be required.
A CIA is a planning tool that helps to facilitate Maori participation in the consenting process. It formalises the assessment of cultural affects and takes a thorough look at potential effects from the proposed activity on Maori cultural values, interests and associations with an area or a natural resource.
When the relevant tāngata whenua groups have identified it’s important to check whether those groups have a hapū and iwi management plan in place, and if so read it. These planning documents describe the resource management issues of most importance to that group.
By familiarising themselves with this information first, applicants will be better prepared for their discussions with tāngata whenua about potential effects on cultural values by their proposed activity.
Understanding cultural effects is an important and valuable part of the consenting process. Take a look at some examples of the benefits applicants may get from consulting with tāngata whenua.
Not all activities will have an effect on cultural values. If through the initial assessment it becomes clear that the proposed activity is unlikely to negatively affect areas of cultural significance to tāngata whenua, then tāngata whenua therefore have no further need to be involved or consulted on the application.
‘Avoid’, ‘remedy’, and ‘mitigate’ are terms used in the Resource Management Act 1991 (RMA). While they are not defined in the RMA, they are management mechanisms that applicants must consider when they have identified that their proposed activity may generate adverse environmental or cultural effects. Significant adverse effects must be avoided, remedied or mitigated irrespective of the benefits of a proposed activity.
The AEE process works out whether an effect needs to be managed, and the best way of doing this. If through the draft proposal applicants have themselves identified potential adverse environmental or cultural effects, they should look at ways to avoid, remedy or mitigate these effects and outline those in the AEE.
If tāngata whenua can see opportunities for cultural effects to avoided, remedied or mitigated they too can suggest ways to adjust the proposed activity or introduce consent conditions to do that.