CULTURAL IMPACT ASSESSMENT Rationale, Process & Agenda 4 December 2010, Harataunga Marae

1. CULTURAL IMPACT ASSESSMENT Rationale, Process & Agenda 4 December 2010, Harataunga Marae

2. Principles Protection Participation Partnership Treaty of Waitangi Rights • exist as a people • self-determination • civil, political, social, economic equity • religion, customs and freedom to choose religion

3. Resource Management Act • “the relationship of Māori and their culture and their traditions …” [are of national importance] (TDP, s110:6(e)) • “… particular regard to … kaitiakitanga” (TDP,s110:7(a)) • “… shall take into account the principles of the Treaty of Waitangi (TDP, s110:8) • 27 RMA clauses recognise Māori interests (Bell, Lomax & Payne, 2002)

4. Local Government Act, 2002 • “establish and maintain processes … for Māori to contribute to decision-making …” • “…foster the development of Māori capacity to contribute to the decision-making processes” • “ … provide relevant information to Māori for the purposes of (above) ..” • “a local authority must ensure that it has in place processes for consulting with Māori (in accordance with the Principles of Consultation)”

5. NZ Action Plan for Human Rights, 2010 • the right to freedom from discrimination on the grounds of race, colour or ethnic or national origins • the right to the equal enjoyment of civil, political, economic, social, and cultural rights • the right of Indigenous peoples to self-determination and the protection of their language, culture, heritage, and relationship to the environment • the right to enjoy one's culture and to use one's own language • the right to freedom of religion and belief Key Action: Improve Māori participation/representation in Local Government decision-making

6. TCDC District Plan • “to protect the (Māori) heritage resources … and develop a positive relationship with Māori…”(s153, para 3) • “the relationship of Māori and their culture and traditions ..and other taonga must be strengthened” (s204, para 2) • particular regard for kaitiakitanga … take into account the principles of ToW ... to act reasonably and in good faith … to recognise and provide for Māori use of their resources … to actively protect taonga (s215, para 2-4) • greater awareness and understanding ... to promote effective consultation and communication .. to recognise the values of tangata whenua involved in all resource consents (s215.4, para 1-3)

7. Other Statutes/Conventions/Declarations that highlight the need for LGAs to establish good processes for assessing the cultural impact of developments on Indigenous people • NZ Health & Disability Act • NZ Primary Health Strategy • NZ Māori Health Strategy • NZ Bill of Rights • NZ Human Rights Act • Universal Declaration of Human Rights • International Convenant on Civil & Political Rights • International Covenant on Economic, Social & Cultural Rights • United Nations Declaration on the Rights of Indigenous People • Indigenous Children & Youth Convention on the Rights of the Child • Indigenous People & the Environment

8. Objectives • to pilot a tool that will help LGA’s to assess and understand the cultural impact of developments for Māori (within the context of RMA decisions) • to assess the cultural impact of sub-division in Harataunga from a tangata whenua perspective • to consider the specific cultural impact of 3 sub-divisions that have already been approved for development in Harataunga

9. Hypothesis • Waiora is Māori construct of wellbeing • A Māori construct of wellbeing will provide an acceptable framework/starting place for tangata whenua discussions about the cultural impacts of sub-division

10. Design • introduce the waiora model as a framework and tool for assessing the cultural impact of sub-division • invite tangata whenua/whānau Māori to take part in an assessment process • compare tangata whenua scores against those obtained from an independent panel of people (preferably involved in LGA/RMA decision-making about Māori RMA issues) • produce a report on the pilot outcomes with discussion about possible strategies to minimise potential impacts/mitigate negative effects (if relevant) • send copies to TCDC, LGAs, Govt Depts, Whānau, others