Katene Rahui: Resource Management (Simplifying and Streamlining) Amendment Bill — Procedure Second Reading In Committee Third Reading 
Katene Rahui: Resource Management (Simplifying and Streamlining) Amendment Bill — Procedure Second Reading In Committee Third Reading 
[Volume:657;Page:6218] 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 I rise to speak to Supplementary Order Papers 48 and 50. Supplementary Order Paper 48 proposes to insert new clause 21A into the Resource Management (Simplifying and Streamlining) Amendment Bill. This amendment focuses on the transfer of powers from councils to hapu and iwi authorities. At present hapu and iwi authorities are not empowered to initiate the consideration of a transfer of powers. Our amendment 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 Resource Management Act. Local authorities are required to give full consideration to the matter including completing a comprehensive evaluation of the request for transfer. They are required to report on the evaluation and to make the report publicly available. We would hope that whanau hapu and iwi would include section 33 of the Resource Management Act the provision pertaining to the transfer of powers in their iwi management plans and promote it to their respective councils. 
The context of this amendment is simply that regional councils have shown an absolute inability to protect harbours from pollution foreshores from coastal erosion and seabeds from marina developments. I give the example of Waikawa Marina in the Marlborough Sounds which is powering ahead with its development proposal regardless of the adverse impacts on the local hapu the local community the biodiversity and the wishes of the many people affected. We absolutely believe that whanau hapu and iwi could do a much better job in respecting and protecting their lands water sites wahi tapu and other taonga. 
I draw the attention of the House to the current  
Regional Policy Statement for the Wellington Region 
 as a good case study to substantiate our position on the transfer of powers. The policy statement explicitly facilitates a transfer of powers with the added commitment of providing assistance to the transition as long as there is a formal request to trigger it by the iwi. The provisions were written into the policy 3 years ago and provide us with a very strong basis for this amendment. Chapter 4 of the statement entitled “The Iwi Environmental Management System” states: “The Wellington Regional Council in consultation and partnership with tangata whenua will investigate opportunities for iwi management of resources and opportunities for joint management where appropriate.” It goes further in subsequent sections to state that it will “support tangata whenua to administer transferred powers functions or duties where appropriate.” It will also “support iwi to prepare iwi management plans where appropriate and where iwi wish to do so.” These are great initiatives that “focus on improving opportunities for iwi management of resources and on formal recognition of the role of kaitiaki. These methods are consistent with a partnership approach to resource management as required by the Treaty of Waitangi and the transfers of powers provisions of the Act.” These initiatives provide us with an excellent context within which we put forward these amendments which we are proud to present to the House today and which we hope will be supported including those to clause 91 relating to the projects of national significance boards of inquiry and appeals to the High Court. 
Our Supplementary Order Paper 50 introduces a number of amendments to new Part 6AA which deals with proposals of national significance. As a result of this amendment boards of inquiry will be required to include a representative appointed by mana whenua. They will also be required to seek the advice of mana whenua on any matter being considered and to reflect that advice in any decisions and recommendations they make. Any draft and final report produced by boards of inquiry will be required to be sent to mana whenua and any other relevant hapu and iwi authorities. Finally the Supplementary Order Paper removes the limitation applied to appeals so that appeals against decisions based on merit can be brought before the High Court. These amendments are necessary to ensure that local government acknowledges the authority of mana whenua. 
We believe that it is desirable that there be robust and accountable work practices by local government and regional authorities when working with mana whenua. We are also committed to establishing effective strategies for engaging Maori communities and advancing Maori representation. These amendments fulfil these aspirations by ensuring that at least one member must be a representative appointed by mana whenua under new Subpart 3 of new Part 6AA. There is also provision to ensure the involvement of any other relevant hapu or iwi authorities. 
This amendment and indeed all the amendments we have put before the House today are one way that the Crown can demonstrate active protection of article 2 of the Treaty of Waitangi—the rangatiratanga rights of hapu and iwi Maori. That seems to me as good a reason as any to support them.