Flavell Te Ururoa: Resource Management (Simplifying and Streamlining) Amendment Bill — Procedure Second Reading In Committee Third Reading 
Flavell Te Ururoa: Resource Management (Simplifying and Streamlining) Amendment Bill — Procedure Second Reading In Committee Third Reading 
[Volume:657;Page:6146] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Speaker. Kia ora tatou katoa i tenei ata. I do not intend to use all of our allocation for the second reading to open up all of the questions in respect of the Resource Management (Simplifying and Streamlining) Amendment Bill but I will make some general comments in regard to the Maori Party’s stand and then I will focus on some of the things we want to put to the House by way of Supplementary Order Papers as we go to the Committee stage. 
The Maori Party is committed to keeping our natural resources and environment healthy safe and intact for everyone. Within this we are committed to assisting whanau hapu and iwi as tangata tiaki to take whatever measures are necessary to ensure the well-being and future good health of the environment. And so we welcome this bill to amend the Resource Management Act 1991 because of the two key words: “simplifying” and “streamlining”. We fully support the intention to reduce costs uncertainties and delays by simplifying procedures and streamlining appeal processes. At the same time we realise that the penalties must be sufficient to discourage inappropriate practices. Those general statements put fairly clearly the Maori Party’s position in general terms. 
I am advised there was a strong theme in the submissions from iwi to the select committee. They seemed to focus on the notion that the Crown guaranteed to protect the special relationship between tangata whenua and their landscapes and natural environments. It is a consistent theme. We are likely to hear it at many hui with Maori. A Maori world view would be that the Treaty relationship should be accorded respect in any aspect to do with environmental integrity. In fact Maori spend so much time telling agencies about the need for respect for the Treaty of Waitangi Te Tiriti o Waitangi that some members might have heard about a new concept that has risen throughout the Maori world called “hui fatigue”. “Hui fatigue” was expressed as an issue at the Sustainable Water Programme of Action hui which closely followed hui on the foreshore and seabed land access and aquaculture reforms and the review of the Resource Management Act 1991 with Treaty negotiations also proceeding in some areas. For those unaware of what “hui fatigue” is it comes from the notion I suppose of saying the same thing over and over again without actually being heard. 
And so we are here today putting forward four Supplementary Order Papers—maybe more as we investigate the bill even further—to ensure that the Treaty is acknowledged and the implementation is secure in any development of the resource management legislation. The Maori Party is tabling amendments to strengthen the role of tangata whenua in the Resource Management Act. The first of our Supplementary Order Papers strengthens and elevates Te Tiriti o Waitangi provisions already included in the Act and the second will enable hapu and iwi to initiate a transfer of powers from the councils so that mana whenua can manage their lands their waters wahi tapu and other taonga. 
The Treaty of Waitangi is the basis of resource management law and practice and it needs to be recognised as such. We want to ensure that local governments acknowledge the mana and authority of mana whenua. This will require robust and accountable work practices by local government and regional authorities when working with mana whenua as well as a commitment to establish effective strategies for engaging Maori communities and advancing Maori representation. Issues around water must include mana whenua including water rights and privatisation. Treaty claims to water ownership and interests in fresh water must be resolved in the context of the Resource Management Act and to do so requires respect for Treaty provisions. So our amendments will strengthen the requirement for all persons to uphold the Treaty of Waitangi in the implementation and administration of the Resource Management Act. This addresses the concerns of whanau hapu and iwi that resource management appropriately reflects obligations under the Treaty of Waitangi. 
The second set of amendments address the transfer of powers from the councils to hapu and iwi authorities which for some is probably a fairly radical move. These amendments will allow hapu and iwi authorities to request a transfer of powers for them to manage their lands water sites wahi tapu and other taonga when they determine that they are better able to meet the purposes of the Act. We think this is a pretty innovative line to take. Local authorities will be required to give full consideration to the matter including completing a comprehensive evaluation of the request for transfer reporting on the evaluation and making the report publicly available. At present hapu and iwi authorities are not empowered to initiate a consideration of transfer of powers. It relates too to the need to strike the best balance between conservation and the use of natural resources. The law already allows councils to transfer their functions powers and duties under the Act and our amendments simply take that one step further to specify that mana whenua can initiate a transfer of powers process and if they decide to do so the councils must seriously consider their proposal. 
The rationale for our approach comes from the common call for a shared understanding about the relationship of Te Tiriti o Waitangi to everyday life. We believe that many so-called Treaty issues are community issues that are best handled through face-to-face discussion and debate at the local level between the people who are directly affected. There is nothing people need to fear when the Treaty of Waitangi is in discussion. 
The third set of amendments we will be submitting to the House focus on the removal of security for costs and the reinstatement of the ministerial veto for coastal permits. These amendments reinstate the provisions of the principal Act whereby the Environment Court does not have the power to order a party to give security for costs. We noted in the report of the Local Government and Environment Committee that many submitters were opposed to the repeal of the provisions preventing security for costs as it may limit public participation in resource management decision-making to those who are simply able to raise the security. We say that is unfair. The Maori Party also proposes that we reinstate the decision-making powers of the Minister of Conservation in relation to coastal permits for restricted coastal activities. The report of the Local Government and Environment Committee again revealed that many submitters including Maori were opposed to this amendment. The ministerial power of veto remains important to properly protect the coastal environment. 
Finally we will be putting to the House a set of amendments relating to projects of national significance which could go to boards of inquiry and be subject to appeals to the High Court if needed. Some might suggest that these mechanisms make for more bureaucracy and hold up the process even further. But on the other hand we of the Maori Party believe that these protection mechanisms need to stay where they are to ensure that our place the Maori place is still intact if it comes to the crunch. This Supplementary Order Paper introduces a number of amendments to Part 6AA which deals with proposals of national significance. Boards of inquiry will be required to include a representative appointed by mana whenua and will also be required to seek the advice of mana whenua in any matter being considered and to reflect that advice in any decisions and recommendations they make. Any draft and final reports produced by boards of inquiry will be required to be sent to mana whenua and to any other relevant hapu and iwi authorities. The Supplementary Order Paper will remove the limitation applied to appeals so that appeals against decisions based on merit can be brought before the High Court. 
I remind the House that the Maori Party believes in the efficient use of water the conservation of energy and the need for active environmental management. We certainly support the call for simplicity and streamlining and our amendments are put forward in that context. We will be putting up further amendments to address clauses in the bill that hamper Maori involvement in resource management. 
Iwi see the amendment bill now before Parliament as an opportunity to discuss some longstanding issues. As is our practice and our desire we will be advocating on their behalf to ensure their aspirations their voices are heard. We support the second reading of this bill at this stage pending the discussion on the Supplementary Order Papers we will be putting before the House and we reserve our right to vote against the last stage. Kia ora tatou.