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Scoop
01-07-2025
- Politics
- Scoop
Revamped Agreement Spells Out Iwi Role In Resource Consenting
West Coast Regional Councillors are voting today on an updated version of their historic agreement with iwi to work together for the benefit of the Coast. The Mana Whakahono a Rohe document is recognised under the Resource Management Act and spells out how the council will collaborate with the region's two rūnanga, Ngati Waewae and Makaawhio on issues including wastewater, drinking water, planning and flood protection. The revised version clarifies and strengthens the role of manawhenua in resource consenting and has drawn objections from the council's former chair Cr Allan Birchfield who first signed the document in 2020. Cr Birchfield has argued that the intention was to consult the rūnanga on matters important to them, rather than require their approval for every resource consent, which he claims is happening now. The original agreement says the council will process resource consents in a way that appropriately recognises the effects of activities on Poutini Ngāi Tahu. The revised clause goes further. 'The parties agree that to ensure timely, efficient and cost-effective resource consent processing, applicants and planners must both recognise and provide for the rights, interests and values of Poutini Ngāi Tahu as manawhenua.' That is consistent with the principles of the Resource Management Act (RMA), the draft says. 'As such, the council will treat Poutini Ngāi Tahu as an affected party for all applications for resource consent where there is potential for adverse cultural effects, unless it is demonstrated otherwise.' A new clause, added to the agreement, states that the Council will strongly encourage consent applicants to consult the rūnanga early on, through their environmental entities, Poutini Environmental or Pokeka Poutini Ngāi Tahu. 'Where consultation has not occurred, and a written approval letter has not been supplied, the Council will need to consider limited notification ... to Poutini Ngāi Tahu which can result in increased processing time and costs for applicants." The draft also spells out how the Council will support monitoring by manawhenua. 'Achieving a culturally relevant monitoring programme will require dedicated and consistent resourcing for Pokeka Poutini Ngāi Tahu Limited ... a specific funding agreement dedicated to environmental cultural monitoring will be needed before this programme can commence." WCRC chief executive Darryl Lew said last month the agreement and its protocol document, Paetae Kotahitanga ki Te Tai Poutini, were still fit for purpose and needed only minor changes. Because the council had been through some turbulent times with changes of leadership, key pieces of work had not been done including its practical implementation and the five year review was the opportunity to do that, he said. Cr Birchfield has argued that the agreement effectively gives iwi a sign-off right that was not intended by the RMA and has added to the delays and costs of obtaining resource consents on the West Coast. In a supplied statement he said the changes were far from minor. 'The role of Ngāi Tahu is strengthened to having, effectively, the same functions and powers as local government in certain areas.' However, Ngāi Tahu was not accountable to West Coasters in the same way as local government was, Mr Birchfield said. A particular issue in the agreement was the use of the term, "joint planning' which elevated Ngāi Tahu to the same level as the council, Mr Birchfield said. The changed proposal moved the region towards co-governance, and if Ngāi Tahu were to have a greater role in regional government, West Coast electors should be consulted on the changes by way of a referendum, Cr Birchfield said. The Regional Council says the changed wording in the agreement confers no additional powers on Ngāi Tahu but clarifies the existing rights of manawhenua under the RMA and the Treaty of Waitangi, and operational processes for council staff. During a meeting in May, Ngāti Waewae representative Francois Tumahai defended the iwi's current role in resource consenting. Tumahai said the rūnanga were required to give feedback on consent conditions. 'The decision is still made by the consents team on council. We don't make a decision on it,' The new document with the changes outlined, is available on the WCRC website in the agenda for today's council meeting. The Council this morning agreed to hold some clauses over for further advice and clarity, and the meeting continues this afternoon.


Otago Daily Times
01-07-2025
- Politics
- Otago Daily Times
Revamped deal spells out iwi role in resource consenting
The revised version clarifies and strengthens the role of manawhenua in resource consenting and has drawn objections from the council's former chair Cr Allan Birchfield who first signed the document in 2020. Cr Birchfield has argued that the intention was to consult the rūnanga on matters important to them, rather than require their approval for every resource consent, which he claims is happening now. The original agreement says the council will process resource consents in a way that appropriately recognises the effects of activities on Poutini Ngāi Tahu. The revised clause goes further. 'The parties agree that to ensure timely, efficient and cost-effective resource consent processing, applicants and planners must both recognise and provide for the rights, interests and values of Poutini Ngāi Tahu as manawhenua.' That is consistent with the principles of the Resource Management Act (RMA), the draft says. 'As such, the council will treat Poutini Ngāi Tahu as an affected party for all applications for resource consent where there is potential for adverse cultural effects, unless it is demonstrated otherwise.' A new clause, added to the agreement, states that the Council will strongly encourage consent applicants to consult the rūnanga early on, through their environmental entities, Poutini Environmental or Pokeka Poutini Ngāi Tahu. 'Where consultation has not occurred, and a written approval letter has not been supplied, the Council will need to consider limited notification ... to Poutini Ngāi Tahu which can result in increased processing time and costs for applicants." The draft also spells out how the Council will support monitoring by manawhenua. 'Achieving a culturally relevant monitoring programme will require dedicated and consistent resourcing for Pokeka Poutini Ngāi Tahu Limited ... a specific funding agreement dedicated to environmental cultural monitoring will be needed before this programme can commence." WCRC chief executive Darryl Lew said last month the agreement and its protocol document, Paetae Kotahitanga ki Te Tai Poutini, were still fit for purpose and needed only minor changes. Because the council had been through some turbulent times with changes of leadership, key pieces of work had not been done including its practical implementation and the five year review was the opportunity to do that, he said. Cr Birchfield has argued that the agreement effectively gives iwi a sign-off right that was not intended by the RMA and has added to the delays and costs of obtaining resource consents on the West Coast. In a supplied statement he said the changes were far from minor. 'The role of Ngāi Tahu is strengthened to having, effectively, the same functions and powers as local government in certain areas.' However, Ngāi Tahu was not accountable to West Coasters in the same way as local government was, Mr Birchfield said. A particular issue in the agreement was the use of the term, "joint planning' which elevated Ngāi Tahu to the same level as the council, Mr Birchfield said. The changed proposal moved the region towards co-governance, and if Ngāi Tahu were to have a greater role in regional government, West Coast electors should be consulted on the changes by way of a referendum, Cr Birchfield said. The Regional Council says the changed wording in the agreement confers no additional powers on Ngāi Tahu but clarifies the existing rights of manawhenua under the RMA and the Treaty of Waitangi, and operational processes for council staff. During a meeting in May, Ngāti Waewae representative Francois Tumahai defended the iwi's current role in resource consenting. [ Tumahai said the rūnanga were required to give feedback on consent conditions. 'The decision is still made by the consents team on council. We don't make a decision on it,' The new document with the changes outlined, is available on the WCRC website in the agenda for today's council meeting. The Council this morning agreed to hold some clauses over for further advice and clarity, and the meeting continues this afternoon. - By Lois Williams, Local Democracy Reporter


Scoop
08-05-2025
- Politics
- Scoop
Iwi Defends Role In West Coast Consent Process
Article – Lois Williams – Local Democracy Reporter The Whakahono a Rohe agreement is due for a review as Resource Management Act changes loom, the West Coast Regional Council said. An historic deal to work together for the good of the West Coast is under review by iwi and the West Coast Regional Council. The Whakahono a Rohe agreement – sealed at Arahura marae in 2020 – was recognised with an excellence award by the NZ Planning Institute as the first of its kind under the Resource Management Act (RMA). Five years on, the agreement is due for reappraisal – especially with RMA changes on the horizon, the council says. The protocol document, Paetae Kotahitanga ki Te Tai Poutini, was signed by the council's chair at the time, Allan Birchfield and by Ngāi Tahu, Ngāti Waewae and Makaawhio rūnanga leaders. And while a staff report says the review will be a 'light touch' one because there's no need for substantive changes, Cr Birchfield is pushing for change. At the time of the signing, the former chair – and Greymouth goldminer – praised the rūnanga for having positive attitudes to economic development. But at Tuesday's council meeting Birchfield challenged Ngāti Waewae representative Francois Tumahai over the iwi's role in resource consenting. Councillors were told they would be able to work through some recommended changes at a workshop later this month. 'Will we still require iwi sign-off on all our consents?' Cr Birchfield asked. Mr Tumahai responded: 'I should hope so.' That was the intention, council staff confirmed. 'So any resource consent requires an iwi sign-off? That wasn't really my understanding when I signed that agreement,' Cr Birchfield said. Mr Tumahai said the rūnanga were required to give feedback on consent conditions. 'The decision is still made by the consents team on council. We don't make a decision on it,' he said Cr Birchfield said his understanding was that iwi signoff was about consultation, not a statutory requirement. Mr Tumahai said it was a statutory requirement. 'But the process is we engage together around the issues and agree on conditions … that's always been the case. We don't have the ability to stop it.' Cr Birchfield said he had been told by the council's chief executive Darryl Lew that if iwi did not sign off on a resource consent, it had to go to a hearing. Mr Lew said in some circumstances, the matter would proceed to a hearing. 'But that comes from the RMA, it doesn't come from the Mana Whakahono agreement.' Overall, the document was fit for purpose and just needed minor amendments, Mr Lew said. After the agreement was signed the council had gone through a challenging time, with 'a bit of unstable leadership,' and management change, Mr Lew said. 'Which really meant that the work required upon signing to work out efficient and effective ways of implementing the agreement with Poutini Ngāi Tahu did not happen.' That was the key piece of work the council and iwi now needed to do, Mr Lew said. However, Cr Birchfield said there is no statutory sign-off for iwi in the RMA – 'the only one who got a statutory sign-off was Fish and Game'. Mr Tumahai said that was incorrect. 'At the end of day Allan, what we're trying to achieve is to get to a point where that sort of shit doesn't happen .. otherwise everything will be going through court and we'll go nowhere fast.' Iwi were advocates in the process and did all they could to get consents across the line, he said. 'However, we need to make sure compliance is right. That's what it's about. If you decide to challenge it then I'm going to challenge it. And we'll go backwards,' the Ngati Waewae chair warned. Cr Birchfield said he wanted consents for West Coast people to be processed and granted in a timely manner at a minimum cost. 'We'll have it out in the workshop on the 20th May,' he said. Mr Birchfield has been at odds with the council over a number of issues, including staff numbers and resource consenting since he was deposed as chair in 2023 and censured for allegedly leaking confidential information to news media. -LDR is local body journalism co-funded by RNZ and NZ On Air.


Scoop
08-05-2025
- Politics
- Scoop
Iwi Defends Role In West Coast Consent Process
An historic deal to work together for the good of the West Coast is under review by iwi and the West Coast Regional Council. The Whakahono a Rohe agreement - sealed at Arahura marae in 2020 - was recognised with an excellence award by the NZ Planning Institute as the first of its kind under the Resource Management Act (RMA). Five years on, the agreement is due for reappraisal - especially with RMA changes on the horizon, the council says. The protocol document, Paetae Kotahitanga ki Te Tai Poutini, was signed by the council's chair at the time, Allan Birchfield and by Ngāi Tahu, Ngāti Waewae and Makaawhio rūnanga leaders. And while a staff report says the review will be a 'light touch' one because there's no need for substantive changes, Cr Birchfield is pushing for change. At the time of the signing, the former chair – and Greymouth goldminer - praised the rūnanga for having positive attitudes to economic development. But at Tuesday's council meeting Birchfield challenged Ngāti Waewae representative Francois Tumahai over the iwi's role in resource consenting. Councillors were told they would be able to work through some recommended changes at a workshop later this month. 'Will we still require iwi sign-off on all our consents?" Cr Birchfield asked. Mr Tumahai responded: 'I should hope so.' That was the intention, council staff confirmed. 'So any resource consent requires an iwi sign-off? That wasn't really my understanding when I signed that agreement,' Cr Birchfield said. Mr Tumahai said the rūnanga were required to give feedback on consent conditions. 'The decision is still made by the consents team on council. We don't make a decision on it,' he said Cr Birchfield said his understanding was that iwi signoff was about consultation, not a statutory requirement. Mr Tumahai said it was a statutory requirement. 'But the process is we engage together around the issues and agree on conditions … that's always been the case. We don't have the ability to stop it.' Cr Birchfield said he had been told by the council's chief executive Darryl Lew that if iwi did not sign off on a resource consent, it had to go to a hearing. Mr Lew said in some circumstances, the matter would proceed to a hearing. 'But that comes from the RMA, it doesn't come from the Mana Whakahono agreement.' Overall, the document was fit for purpose and just needed minor amendments, Mr Lew said. After the agreement was signed the council had gone through a challenging time, with 'a bit of unstable leadership,' and management change, Mr Lew said. 'Which really meant that the work required upon signing to work out efficient and effective ways of implementing the agreement with Poutini Ngāi Tahu did not happen.' That was the key piece of work the council and iwi now needed to do, Mr Lew said. However, Cr Birchfield said there is no statutory sign-off for iwi in the RMA - "the only one who got a statutory sign-off was Fish and Game". Mr Tumahai said that was incorrect. 'At the end of day Allan, what we're trying to achieve is to get to a point where that sort of shit doesn't happen .. otherwise everything will be going through court and we'll go nowhere fast.' Iwi were advocates in the process and did all they could to get consents across the line, he said. 'However, we need to make sure compliance is right. That's what it's about. If you decide to challenge it then I'm going to challenge it. And we'll go backwards,' the Ngati Waewae chair warned. Cr Birchfield said he wanted consents for West Coast people to be processed and granted in a timely manner at a minimum cost. 'We'll have it out in the workshop on the 20th May,' he said. Mr Birchfield has been at odds with the council over a number of issues, including staff numbers and resource consenting since he was deposed as chair in 2023 and censured for allegedly leaking confidential information to news media. -LDR is local body journalism co-funded by RNZ and NZ On Air.