Environment Canterbury encourages applicants to consult with local iwi. Staff can supply you with the names of the appropriate contact or contacts. Environment Canterbury cannot make a decision on an application without first assessing and weighing up issues related to the application which may affect Maori.

Who are tangata whenua?

Tangata whenua are the indigenous people of a particular locality. The term literally means people (tangata) of the land (whenua).

Why consult tangata whenua?

The Fourth Schedule of the Resource Management Act 1991 requires an applicant to identify those persons interested in or affected by your proposal. Tangata whenua will very likely be interested in your proposal, and Environment Canterbury is obliged to enquire into what effects, if any, an application may have on tangata whenua.

In most cases, early consultation with tangata whenua will help in the smooth processing of your resource consent application.

How to consult (general guidelines)

The procedures for consulting different tangata whenua groups will vary. Below are some general guidelines that can be applied.

Identify the relevant tangata whenua groups.
Write a letter briefly outlining the proposal, its location, why you want to proceed with the proposal, and indicate a willingness to discuss any concerns held. Enclose any information which you feel may help clarify the proposal.
Follow up with a phone call to confirm that the information has been received and considered (about one week later).
If appropriate, arrange to meet to agree on the consultation process, to identify issues and concerns, and to share information.
Keep a written record of consultation to submit to Environment Canterbury.

Where concerns are raised, you should try to ensure that:

Concerns are clarified, and are relevant to the proposal.
Options are developed to address such concerns, giving appropriate weight to the concerns of other affected parties.
You seek mutual agreement on the best practical option to address tangata whenua concerns, and aim to incorporate this into the proposal.

Remember, consultation does not require agreement. It is to allow you and Environment Canterbury to be informed about the views of tangata whenua. If tangata whenua concerns cannot be resolved and you still want to proceed with your application, then it is imperative that you have made a genuine attempt to consult tangata whenua in an open and honest manner, so that their views are recorded and can be taken into account by Environment Canterbury.

Tangata whenua expectations

In general, when tangata whenua are approached to consult over a proposal, they may have the following expectations of the applicant:

They have access to all relevant documentation.
There is a willingness to meet "face to face" and that their views are respected.
That if a meeting is agreed to on the local marae, any marae costs are met as part of the consultation process.

Tangata whenua may expect the applicant to commission and pay for a "Cultural Impact Assessment" report. Environment Canterbury will not require this for activities that are identified in a regional plan as a controlled activity, but it may be very desirable for a large scale development, and/or where it can be demonstrated that the proposed activity may have a high impact on tangata whenua.

It is important to note that tangata whenua are not the Consent Authority. They are interested and sometimes affected parties. While a "fee" may be required of you from an iwi authority or its members, you are under no legal obligation to meet these expenses. However, there may be circumstances where you could benefit by contracting the services of tangata whenua in a similar way to those of, for example, an environmental consultant. The council does not involve itself in such negotiations. If you are uncertain about the need to consult Maori, contact Environment Canterbury for advice beforehand.

Resource consents circulation

Iwi are also involved in the resource consent process by being sent copies of applications that are publicly notified, which is required by statute. In addition it is Environment Canterbury policy to encourage all applicants to consult with iwi when preparing applications for consent and actively involve iwi in discussing their issues with the applicants informally or at pre-hearing meetings.

Non-notified applications are also sent to iwi and local Maori groups for their information and to enable them an opportunity to identify issues of concern before a decision to grant consent is reached. There is no statutory requirement for this process.