The Resource Consent Process in the Waikato River Catchment

1. The Resource Consent Process in the Waikato River Catchment The Practical Implications of the Co-Management Framework Mark Brockelsby, Waikato Regional Council 30/11/2010

2. This Presentation will cover… • The Settlement legislation - In particular; the Purpose, Vision and Strategy & Waikato River Authority. • Statutory provisions affecting consent processing; and • Implementation and practical implications.

3. Introduction • The Settlement legislation focuses on restoring and protecting the health and wellbeing of the Waikato River for future generations. • Encompasses full catchment area including Waipa and other tributaries. • Three separate pieces of legislation for River Iwi settlements (to give effect to Deeds): - Waikato-Tainui; - Ngati Tuwharetoa, Raukawa and Te Arawa (Upper Waikato River); and - Maniapoto (Waipa River).

4. Co-Management Areas Waikato-Tainui co-management Area A Waikato River Authority Waipa River co-management Area C Upper Waikato River co-management Area B

5. Status of Treaty Negotiations with Government - Legislation • Acts - Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 - Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 • Bill - Nga Wai o Maniapoto (Waipa River) Bill 2010 - Bill no: 231-1 introduced 16/11/10

6. Purpose of the Legislation • Includes (of relevance to consent processing): • Recognising the significance of the River to the different Iwi; • Establishing the Waikato River Authority; • Recognising the Vision and Strategy for the River; • Recognising certain customary activities of the River Iwi; and • Providing co-management arrangements for the River (this includes an Integrated River Management Plan).

7. Vision and Strategy for the RiverTe Ture Whaimana o Te Awa o Waikato • Vision “a future where a healthy Waikato River sustains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and wellbeing of the Waikato River, and all it embraces, for generations to come.” • Applies to the River from Huka Falls to the mouth and its catchment (including Waipa).

8. Vision and Strategy (V&S) (cont) • Vision to be realised through pursuit of 13 objectives and 12 strategies incorporating concepts including: • Restoration and protection of the River and Iwi relationships with the River; • Integrated, holistic management of resources; • Precautionary approach; • Recognition of cumulative effects; • Recognition that River is degraded; • Establishing and monitoring health status of River; • Protecting waahi tapu and other sites of significance

9. Waikato River Authority • Has functions for Areas A, B and C • A body corporate consisting of 10 members • 1 Waikato Raupatu River Trust • 1 Te Arawa River Iwi Trust • 1 Tuwharetoa • 1 Raukawa Settlement Trust • 1 Maniapoto Maaori Trust Board • 1 Environment Waikato appointee • 1 Territorial authority appointee • 3 Government appointees • Yet to be formally established

10. Waikato River Authority (cont) • Purpose: • Set direction through the V&S to achieve restoration of the river • Promote integrated, holistic and co-ordinated approach to implementation of V&S • Fund rehabilitation initiatives through a Clean-up Trust

11. Waikato River Authority (cont) • Functions include to: • Engage with LAs on giving effect to V&S; • Co-ordinate implementation of the V&S; • Engage with and provide advice to the EPA; • Monitor implementation of, and periodically review, the V&S; • Request call-ins under the RMA; • Maintain a register of accredited commissioners; Appoint commissioners to sit on hearings/BOI; and • Within 3 months of establishment, to commence a review of the V&S and consider whether targets and methods should be included.

12. Statutory Provisions affecting Consent Processing • V&S deemed part of Waikato RPS; • Review of consent conditions; • Duty to have regard to V&S; • Joint Management Agreements (JMA) • Giving notice of applications to Iwi; • Joint representation on hearing committees; • Iwi environmental plans.

13. V&S deemed part of the Waikato Regional Policy Statement (RPS) • Took effect 25th November 2010 • Applies to whole River and its land catchment area • Means V&S prevails over any inconsistent provisions and planning documents must be amended accordingly • Implications: • Council must now “have regard to” the RPS (including the V&S) under s104; • However, Council must also “have particular regard to” V&S when carrying out any functions under the RMA – including processing a consent (ie equivalent to a s7 RMA matter).

14. Review of Consent Conditions • After planning documents have been amended as required, s128 of the RMA (review of consent conditions) may be initiated to “make conditions consistent with” V&S. • Implications: • Potentially affects all consents in Waikato River Catchment (2-3000); • Review is discretionary  will need to develop procedures/criteria for triggering reviews; and

15. Joint Management Agreements • JMAs are mandatory; • Must be signed within 18 months from Settlement Date (ie from 14/01/11) or as agreed; and • Must provide for LAs and the Trusts to work together in undertaking duties, functions and powers in relation to processing resource consents (among other things);

16. JMAs for consents • Must provide for the provision of information to the Trusts about certain applications received in relation to the waterways, lakes, wetlands, beds and banks (not the land generally) in specified areas: • Waikato-Tainui – Area A • Tuwharetoa/Te Arawa – Area B • Raukawa – Area B plus any Raukawa interests in Area C • Maniapoto – whole Waipa Catchment • Does not apply to all application types (eg discharge to land/air, s9 of the RMA land uses).

17. Co-Management Areas Waikato-Tainui co-management Area A Waikato River Authority Waipa River co-management Area C Upper Waikato River co-management Area B

18. JMAs for consents (cont) • Trusts and EW must agree on criteria to assist consent process decision-making in relation to: • Pre-application processes; • Direct referrals; • Determining completeness under s88; • Requiring further applications under s91; • Requesting further information under s92; • Determining whether to notify an application under s95-95F; and • Changes to/reviews of consents under s127 and s128 • The criteria must not derogate from mandatory RMA tests.

19. JMA Implications • To-date, preliminary discussions only toward development of JMAs. • JMAs to reflect reinforced focus on: • Enabling pre-application consultation/engagement between applicants and Iwi • Enabling more effective Iwi participation through early advice of applications • Communication protocols and contacts? • Specific guidance on when tangata whenua are “affected parties”? • Need for better cultural impact information with AEEs? • Focus of JMA is on decision-making criteria.

20. Giving Notice of Applications • Separate provision from JMA requirement and applies now • Council must give notice to the WRA and Trusts of specified application types within the catchment: • Take, use, dam, divert water; • Point source discharges to water; and • Activities in the beds of rivers and streams • Already implemented for Waikato-Tainui – automated process, daily email sent of applications received. (Note: confers no formal status to the Trust in itself); and • Developing an agreed protocol/timeframes for engagement with the Trust on those applications in which the Trust has an interest.

21. Giving Notice of Applications Implications • Clearer guidance to applicants on who/when to consult; • More effective and efficient engagement between the Trusts and EW on applications of interest; • More consistency (by EW) in taking account of Maori/Iwi interests in applications; • Over time, increased awareness and recognition of Maori/Iwi interests amongst applicants; and • Timeframe compliance issues should be manageable.

22. Joint Representation on Hearing Committees • Applies to hearings of applications; • Requires equal numbers of accredited Council and Waikato River Authority (WRA) appointed members and an accredited independent chairperson jointly appointed by both parties; and • WRA and EW to liaise to ensure appropriate mix of skills/expertise/experience.

23. Practical Implementation Issues • WRA set-up issues, establishing relationships and working arrangements between WRA and LAs • Minimum of 3 panelists; associated costs • Greater logistical challenges in organising hearings; eg availability of commissioners  impacts on timeframes(?)

24. Iwi Environmental Plans • Discretionary • If prepared, must be lodged with LAs and other agencies • Implication: • EW must have regard to the plan if it considers it is relevant under s104(1)(c) of the RMA.

25. In Summary… • Key messages for applicants: • Don’t expect business as usual; • The bar has been raised as regards the obligation to protect the health and well-being of the River; • Expect greater level of engagement/participation by Iwi; • Expect Iwi Management Plans to be prepared and to be taken account of under s104(1)(c) of the RMA; • AEEs will need to address Waikato River effects explicitly; and • Pre-application consultation with relevant Iwi is recommended.

26. Questions?