Nga Wai o Maniapoto (Waipa River) Act 2012

1: Title
This Act is the Nga Wai o Maniapoto (Waipa River) Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Overarching purpose of this Act
1: The overarching purpose of this Act is to restore and maintain the quality and integrity of the waters that flow into and form part of the Waipa River for present and future generations and the care and protection of the mana tuku iho o Waiwaia.
2: In subsection (1)
a: the phrase the waters that flow into and form part of the Waipa River
b: the reference to the mana tuku iho o Waiwaia
c: Waiwaia Section 3(2)﻿(a) amended 28 September 2022 section 233(2) Maniapoto Claims Settlement Act 2022
4: Guiding principles of interpretation
1: The vision and strategy is intended by Parliament to be the primary direction-setting document for the Waipa River and the Waikato River and activities within their catchments affecting the Waipa River and the Waikato River.
2: This Act must be interpreted in a manner that best furthers section 3
3: Guiding principles of interpretation are found in—
a: subsection (4), which contains principles to do with mana; and
b: subsection (5), which contains principles to do with practical and effective outcomes; and
c: subsections (6) to (16).
4: The guiding principles to do with mana are—
a: respect for the mana of Waiwaia and recognition that Waiwaia is the mauri and waiora of the Waipa River; and
b: respect for the mana of Maniapoto and recognition of the significance of the Waipa River to the mana of Maniapoto; and
c: recognition that Maniapoto have their own distinct relationship with the Waipa River and that the area encompassing the Upper Waipa River is distinct and the particular characteristics of the Upper Waipa River and its place within the rohe and customs of Maniapoto must be respected.
5: The guiding principles to do with practical and effective outcomes are—
a: acknowledgement that the Crown and Maniapoto are Treaty partners working with one another to achieve positive results for the Waipa River and the Waikato River; and
b: acknowledgement that work is needed to restore and protect the quality and integrity of the waters that flow into and form part of the Waipa River and that this is inextricably tied to the health and wellbeing of the Waikato River; and
c: avoidance of unnecessary bureaucracy in co-governance and co-management arrangements with a focus on practical arrangements that will work now and over time.
6: A guiding principle is rangatiratanga, which, to Maniapoto,—
a: means only Maniapoto can represent Maniapoto interests within the Maniapoto rohe; and
b: includes Maniapoto decision-making within the Maniapoto rohe and tino rangatiratanga over Maniapoto knowledge and resources.
7: A guiding principle is kawanatanga, which means that—
a: the Crown provides laws and makes decisions for the community as a whole having regard to the economic and other needs of the day; and
b: Parliament has sovereign authority to make laws for the good and security of the country, including Maori and the wider community; and
c: obligations and agreements entered into by the Crown (including Ministers) depend upon the capability, resources, and mandated work programmes of the responsible departments, Crown agencies, statutory officers, and chief executives, and the priorities of the government of the day.
8: A guiding principle is the Treaty of Waitangi, because Maniapoto and the Crown are partners under the Treaty of Waitangi and the agreements in the deed in relation to co-governance and co-management of the Waipa River, which are given effect through this Act, are sourced in this Treaty relationship.
9: A guiding principle is te mana o te wai (the quality and integrity of the waters), which is paramount to Maniapoto, and, historically, was such that it would provide all manner of sustenance to Maniapoto including physical and spiritual nourishment that has over generations maintained the quality and integrity of Maniapoto marae, whanau, hapu, and iwi.
10: A guiding principle is nga wai o Maniapoto, meaning the deep felt obligation of Maniapoto to restore, maintain, and protect all waters within the Maniapoto rohe (nga wai o Maniapoto), including the waters that flow into and form part of the Waipa River, whether the waters are above, on, or under ground.
11: A guiding principle is te mana o te Waipa. The relationship between Maniapoto and the Waipa River is historic, intellectual, physical, and spiritual. To Maniapoto, the Waipa River has mana and in turn represents the mana of Maniapoto. This relationship requires the restoration and maintenance of te mana o te wai. The restoration and maintenance of the Waipa River, as part of a larger catchment, needs to be coordinated as a whole, consistent with the desire of Maniapoto to keep intact the mauri of the Waipa River, ko Waiwaia, in its entirety.
12: A guiding principle is te mana tuku iho o Waiwaia, meaning the deep felt obligation of Maniapoto to care for and protect te mana tuku iho o Waiwaia and to instil knowledge and understanding within Maniapoto and the Waipa River communities about the nature and history of Waiwaia.
13: A guiding principle is kaitiakitanga, which is integral to the mana of Maniapoto and requires—
a: restoration of the relationship of Maniapoto with the wai; and
b: restoration and maintenance of the ability of nga wai o Maniapoto to provide for the practice of manaakitanga; and
c: recognition and respect for the kawa, tikanga, and kaitiakitanga of the marae, whanau, hapu, and iwi of the Waipa River; and
d: encouragement and empowerment of active involvement by Maniapoto in the expression of their kaitiaki responsibilities.
14: A guiding principle is co-governance and co-management, as Maniapoto and the Crown have committed to a new approach involving co-governance and co-management through	a collaborative approach that reflects partnership, the highest level of good faith engagement, and consensus decision-making as a general rule, while having regard to statutory frameworks and kaitiakitanga responsibilities of Maniapoto.
15: A guiding principle is integration because, to be effective, co-management must be implemented and achieved at a number of levels and across a range of agencies including the Crown and local and regional authorities and within a co-governance framework that reflects the shared aspirations of each of the iwi for whom the Waipa River and the Waikato River have significance.
16: A guiding principle is integrity, as Maniapoto and the Crown share a commitment to act to protect the integrity of the deed in relation to co-governance and co-management of the Waipa River and the Waiwaia Accord and to do so in a manner that is consistent with and achieves co-governance and co-management of the Waipa River.
5: Interpretation
1: In this Act,— Council Trust
a: the Maniapoto Maori Trust Board; or
b: an entity nominated by the Trust for the purpose described in subparagraph (i), in the manner described in subparagraph (ii), and with the effect described in subparagraph (iii), as follows:
i: the Trust may nominate an entity to carry out a duty or function for it, or exercise a power for it, under this Act:
ii: the Trust makes the nomination by giving written or electronic notice to the Crown, the Council, a local authority, or other person affected by the carrying out of the duty or function or the exercise of the power:
iii: the Trust is not relieved of liability for the carrying out of the duty or function or the exercise of the power by making the nomination, unless the Crown agrees that it is.
2: In this Act, unless the context requires another meaning,— appointer clause 2 clause 2 business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period starting on 20 December in any year and ending with 10 January in the following year; and
d: the days observed as the anniversaries of the provinces of Auckland and Wellington catchment C Clean-up Trust section 32 section 33 co-governance entity section 22 section 23 commencement date section 2 component section 11(3) consent authority Resource Management Act 1991 conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 Crown Public Finance Act 1989 deed department Public Service Act 2020 effective date environmental plan
a: means the Maniapoto Iwi Environmental Management Plan prepared by the Trust and issued by it on 19 March 2007; and
b: if the plan described in paragraph (a) is amended or replaced, means the plan as amended or the replacement plan joint management agreement sections 17 to 31 local authority
a: for the purposes of sections 17 to 31
i: the Council; and
ii: the Waikato District Council; and
iii: the territorial authorities whose boundaries fall within, or partly within, the area marked C
b: for the purposes of any other provisions of this Act, has the meaning given to it by the Resource Management Act 1991 Lower Waipa River A Maniapoto
a: the collective group of individuals who are beneficiaries of the Maniapoto Maori Trust Board within the meaning of the Maniapoto Maori Trust Board Act 1988
b: each individual referred to in paragraph (a); and
c: the part of an iwi, hapu, whanau, or group of individuals made up of individuals referred to in paragraph (a) Maniapoto objectives Minister public notice
a: in 1 or more daily newspapers circulating in the Waikato region; or
b: on an internet site to which the public have free access Resource Management Act 1991 planning document Resource Management Act 1991
a: a district plan:
b: a proposed district plan:
c: a regional plan:
d: a proposed regional plan:
e: a regional policy statement:
f: a proposed regional policy statement Upper Waipa River C vision and strategy Schedule 1 Waikato River
a: means the body of water known as the Waikato River flowing continuously or intermittently from Te Taheke Hukahuka to Te Puaha o Waikato to the extent to which it is within the areas marked A B
b: includes the Lower Waipa River to the extent to which it is within the areas marked A B Waipa River A C Waiwaia Accord Section 5(2) business day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 5(2) business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 5(2) department amended 7 August 2020 section 135 Public Service Act 2020
6: Act binds the Crown
This Act binds the Crown.
2: Co-governance
7: Statement of significance of Waipa River to Maniapoto
1: Te Awa o Waipa is a taonga to Maniapoto; the relationship between Maniapoto and the Waipa River is historic, intellectual, physical, and spiritual; to Maniapoto, their relationship with the Waipa River and their respect for it lies at the heart of their spiritual and physical wellbeing, and their tribal identity and culture.
2: The particular characteristics of the Upper Waipa River and its place within the rohe and customs of Maniapoto are of special significance to Maniapoto.
3: The Waipa River is a significant contributor to the region’s social, cultural, environmental, and economic wellbeing.
8: Vision and strategy
Extension
1: This section applies once the vision and strategy is extended to include the Upper Waipa River and activities in its catchment affecting the Upper Waipa River under section 36(3) Status
2: Sections 10 to 17 sections 11 to 18
a: apply for the purposes of this Act as if they were written to achieve the overarching purpose of this Act; and
b: apply for the purposes of this Act as if they were written to apply to the Upper Waipa River; and
c: apply for the purposes of this Act as if they were written to apply to the Trust; and
d: apply for the purposes of this Act as if they were written to apply to the territorial authorities whose boundaries fall within, or partly within, the area marked C
e: apply for the purposes of this Act to the Council. Subsequent reviews
3: Section 19 section 20
4: The co-governance entity's purpose in reviewing the vision and strategy is to determine whether the co-governance entity should recommend to the Crown and the other appointers that the vision and strategy should be amended.
5: When reviewing the vision and strategy, the co-governance entity—
a: must ensure that the vision and strategy contributes to achieving the overarching purpose of this Act; and
b: if it decides that amendments are required, must take into account the environmental plan and the Maniapoto objectives.
6: When reviewing the vision and strategy, the co-governance entity must follow the process in part 2 of the schedule of the deed with the following enhancements:
a: the co-governance entity must consult with Maniapoto when the review relates to amendments to achieve the overarching purpose of this Act:
b: during the preparation of a draft vision and strategy, the co-governance entity must consult with Maniapoto in relation to any amendment of the vision and strategy to achieve the overarching purpose of this Act:
c: in making a decision under clause 7.2, the co-governance entity must—
i: seek to identify all reasonably practicable options for the achievement of the overarching purpose of restoring and maintaining the quality and integrity of the waters that flow into and form part of the Waipa River for present and future generations and the care and protection of the mana tuku iho o Waiwaia; and
ii: assess the options by considering the benefits and costs of each option in terms of the present and future social, economic, environmental, and cultural wellbeing of the communities associated with the Waipa River, including if practicable a quantification of the benefits and costs of each option.
7: The co-governance entity may recommend that the vision and strategy include—
a: targets to achieve the vision and strategy; and
b: methods to implement the vision and strategy.
8: The co-governance entity may make only those recommendations for amendments to the vision and strategy that are consistent with the overarching purpose of this Act.
9: Amendments made by Order in Council
1: The Governor-General may amend the vision and strategy by amending Schedule 1
2: The Governor-General may make an Order in Council under subsection (1) only on the advice of the Minister given under subsection (3).
3: The Minister must advise the Governor-General to make an Order in Council to amend the vision and strategy if—
a: the Crown, the Trust, and the other appointers each receive a written or electronic recommendation from the co-governance entity to amend the vision and strategy; and
b: the recommendation sets out the amended vision and strategy in full and identifies the amendments; and
c: the recommendation complies with section 8(8)
d: the Crown, the Trust, and the other appointers agree in writing or electronically with one another to accept the recommendation.
4: An Order in Council made under this section must specify the date on which the amendments to the vision and strategy take effect.
5: An Order in Council under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Co-governance entity
Other enactments applied with enhancements
1: Sections 22 to 34 Schedules 5 6 sections 23 to 35 Schedules 3 4
a: apply for the purposes of this Act as if they were written to achieve also the overarching purpose of this Act; and
b: apply for the purposes of this Act as if they were written to apply also to the Upper Waipa River; and
c: apply for the purposes of this Act as if they were written to apply also to the territorial authorities whose boundaries fall within, or partly within, the area marked C
d: apply for the purposes of this Act to the Council.
2: The enactments referred to in subsection (1) apply with the enhancements described in this section. Requesting call-in
3: The following provisions apply when the co-governance entity is considering requesting the call-in of an application relating to the Upper Waipa River (under subsection (1)'s section 23(2)﻿(h) section 24(2)﻿(h)
a: the co-governance entity must consult the Trust about whether a call-in should be requested:
b: the co-governance entity must have particular regard to the views expressed by the Trust in deciding whether to request a call-in. Appointing members to hearing committees
4: The following provisions apply to the co-governance entity's decision on appointees to hear an application relating to the Upper Waipa River (under subsection (1)'s section 28(2)﻿(b) section 29(2)﻿(b)
a: the co-governance entity must consult the Trust about who should be appointed:
b: the co-governance entity must include in its proposed appointees 1 or more appointees identified by the Trust, unless good reason exists to do otherwise:
c: if the co-governance entity fails to comply with paragraph (a) or (b) for an appointee, the appointment cannot be questioned on the ground of the failure:
d: having to comply with paragraphs (a) and (b) does not excuse the co-governance entity from complying with timeframes prescribed under the Resource Management Act 1991 Appointing members to boards of inquiry
5: The following provisions apply to the co-governance entity's decision on appointees to hear a called-in application relating to the Upper Waipa River (under subsection (1)'s application of section 29 section 30
a: the co-governance entity must consult with the Trust about who should be appointed:
b: the co-governance entity must include in its proposed appointees 1 or more appointees identified by the Trust, unless good reason exists to do otherwise:
c: if the co-governance entity fails to comply with paragraphs (a) and (b) for an appointee, the appointment cannot be questioned on the ground of the failure:
d: having to comply with paragraphs (a) and (b) does not excuse the co-governance entity from complying with the timeframe in section 29(4) section 30(4) Operation of Clean-up Trust
6: The following provisions apply in addition to, and without derogating from, subsection (1)'s application of section 32 Schedule 5 section 33 Schedule 3
a: the trustee of the Clean-up Trust may apply any part of the income or capital of the trust (including any additional funding) on a contestable basis for use in projects in the Upper Waipa River:
b: when deciding on the process for considering applications for funding, the trustee must include the factor of adequate regard for the extent to which projects based on the mauri of the Upper Waipa River would further the environmental plan:
c: when deciding whether an application to the trust for funding is based on the mauri of the Upper Waipa River, the trustee must seek advice from the Trust and make its decision based on the advice received:
d: when dealing with applications for funding for a project in the Upper Waipa River, the trustee must be satisfied that—
i: the application complies with the requirements of the terms of trust; and
ii: the project will promote or advance the overarching purpose of this Act; and
iii: funding the project will contribute to the object of the trust as set out in the terms of the trust; and
iv: funding the project is not inconsistent with the trustee’s strategy document. Recommendations for appointments by Council and territorial authorities
7: The following provisions apply when the Council and the territorial authorities are recommending a person for appointment to the co-governance entity (under subsection (1)'s application of clause 2(1)﻿(f) or (g) clause 2(1)﻿(f) or (g)
a: the Council and the territorial authorities must apply clause 2(3) clause 2(3)
b: the Council and the territorial authorities whose boundaries fall within, or partly within, the area marked C Appointments by Minister
8: The following provisions apply when the Minister is considering whom to appoint to the co-governance entity (under subsection (1)'s application of clause 2(1)﻿(h) clause 2(1)﻿(h)
a: the Minister must apply clause 2(2) clause 2(2)
b: the Minister must have regard to the persons recommended by the Council and territorial authorities as well as the members already appointed to the co-governance entity:
c: the Minister must ensure that the membership of the co-governance entity reflects a balanced mix of knowledge and experience in relation to—
i: both the Waikato River and the Waipa River, including the Upper Waipa River; and
ii: the purpose of the co-governance entity.
9: The following provisions apply when the Minister must appoint a person to the co-governance entity (under subsection (1)'s application of clause 2(5) or (6) clause 2(5) or (6)
a: the Minister must apply clause 2(5) or (6) clause 2(5) or (6)
b: the Minister must appoint a person who has the skills, knowledge, and experience to contribute to achieving the overarching purpose of this Act. Maniapoto vacancy in membership
10: Clause 5(2) Publication of notices in Waikato region
11: Clause 7(5)﻿(a) and (b) clause 7(5)﻿(a) and (b) and in the area marked C Quorum
12: Clause 8(6) clause 8(6) If the meeting is considering matters affecting the Upper Waipa River, the quorum must include the member appointed under clause 2(1)﻿(e). Upper Waipa River integrated management plan
11: Meaning of Upper Waipa River integrated management plan
1: An Upper Waipa River integrated management plan is a plan that—
a: has the purpose described in subsection (2); and
b: contains all or some of the components described in subsection (3).
2: The purpose is to achieve an integrated approach between the Trust, relevant departments, relevant local authorities, and appropriate agencies to the management of aquatic life, habitats, and natural resources within the Upper Waipa River consistent with the overarching purpose of this Act.
3: The components are—
a: a conservation component, which is a component on issues related to conservation management under the conservation legislation:
b: a fisheries component, which is a component on issues related to fisheries management under the Fisheries Act 1996
c: a regional council component, which is a component on issues related to the resource management, biosecurity, and local government functions of the Council under the Resource Management Act 1991 Biosecurity Act 1993 Local Government Act 2002
d: any other component agreed between the Trust and an appropriate agency, including a local authority, responsible for—
i: administering enactments that affect the Upper Waipa River and activities in its catchment that affect the Upper Waipa River; or
ii: carrying out functions or exercising powers under enactments that affect the Upper Waipa River.
12: Preparation and approval of plan
1: An integrated river management plan must be prepared together by the Trust, relevant departments, relevant local authorities, and appropriate agencies,—
a: following the process in Schedule 2
b: acting in a co-operative and co-ordinated manner.
2: A component becomes a component of the plan when it is approved as follows:
a: the conservation component must be approved jointly by the Trust and the Minister of Conservation:
b: the fisheries component must be approved jointly by the Trust and the Minister of Fisheries and Aquaculture:
c: the regional council component must be approved jointly by the Trust and the Council:
d: any other component must be approved jointly by the Trust and the agency that agreed on it.
3: If a component cannot be approved under subsection (2) because the Trust and a relevant department or relevant local authority or appropriate agency have not been able to reach agreement on it, each component on which agreement has been reached may be approved under subsection (2).
4: Within 3 years of the commencement date, an Upper Waipa River integrated management plan for the Upper Waipa River and its catchment must exist containing the components that have been approved under subsection (2).
13: Effect of components
1: This section states the effects of the components of the Upper Waipa River integrated management plan.
2: The conservation component is, for the purposes of the Conservation Act 1987
a: a conservation management plan under section 17E
b: a freshwater fisheries management plan under section 17J
3: The fisheries component is a fisheries plan under section 11A
4: The regional council component means that a relevant local authority that is preparing, reviewing, or changing a Resource Management Act 1991 planning document must have regard to the plan.
5: The other component has the effect agreed between the Trust and the appropriate agency.
14: Review and amendment of plan
The Upper Waipa River integrated management plan may be reviewed and amended—
a: as a combined initiative of the Trust and the relevant departments, relevant local authorities, and appropriate agencies; and
b: wholly or as to an individual component; and
c: from time to time; and
d: following the process in Schedule 2
3: Waipa River co-management arrangements
Maniapoto Iwi Environmental Management Plan
15: Availability
The environmental plan—
a: may be served on the Director-General of Conservation, the chief executive of the Ministry of Fisheries, relevant local authorities, and any other relevant agency:
b: is available to the public for inspection at the offices of the Trust, the relevant local authorities, and any other relevant agency:
c: may be reviewed and amended from time to time by the Trust.
16: Effect
1: A local authority served under section 15(a) Resource Management Act 1991
2: A consent authority considering an application for a resource consent under section 104
3: A person carrying out functions or exercising powers under sections 12 to 14
4: A person carrying out functions or exercising powers under the conservation legislation in relation to the Waipa River and its catchment must have particular regard to the environmental plan to the extent to which its contents relate to the functions or powers. Joint management agreement
17: Duty to make
1: A joint management agreement must be in force between each local authority and the Trust no later than—
a: 18 months after the commencement date; or
b: a later date that they agree on electronically or in writing.
2: Each joint management agreement must—
a: be generally in the form set out in part 5 of the schedule of the deed; and
b: contain mechanisms and processes that recognise and reflect the mana of Maniapoto and the relationship of Maniapoto with the Waipa River.
18: Scope
A joint management agreement—
a: must cover no other subject matter than matters relating to the Waipa River and activities within its catchment affecting the Waipa River:
b: must cover the matters referred to in section 19
c: may cover additional duties, functions, or powers agreed under section 28
19: Contents
A joint management agreement must provide for the local authority and the Trust to work together in carrying out the following duties and functions, and exercising the following powers, in the Resource Management Act 1991
a: monitoring and enforcement, under section 21
b: preparation, review, change, or variation of a Resource Management Act 1991 planning document, under section 22
c: duties, functions, or powers under Part 6 section 23
20: Principles for development and operation
In working together to develop the joint management agreement, and in working together under the joint management agreement, the local authority and the Trust must act in a manner consistent with the following guiding principles:
a: they must promote the overarching purpose of this Act to restore and maintain the quality and integrity of the waters that flow into and form part of the Waipa River for present and future generations and the care and protection of the mana tuku iho o Waiwaia:
b: they must respect the mana of Maniapoto:
c: they must promote the principle of co-management:
d: they must reflect a shared commitment to—
i: working together in good faith and a spirit of co-operation:
ii: being open, honest, and transparent in their communications:
iii: using their best endeavours to ensure that the purpose of the joint management agreement is achieved in an enduring manner:
e: they must recognise that the joint management agreement operates within statutory frameworks and that complying with those statutory frameworks, meeting statutory timeframes, and minimising delays and costs are important.
21: Monitoring and enforcement
1: This section applies to monitoring and enforcement relating to the Waipa River and activities within its catchment affecting the Waipa River.
2: The part of the joint management agreement on monitoring and enforcement must provide for the local authority and the Trust to—
a: meet no less than twice each year to—
i: discuss and agree the priorities for the monitoring of those matters set out in section 35(2)﻿(a) to (e)
ii: discuss and agree the methods for and extent of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
iii: discuss the potential for the Trust to participate in the monitoring of those matters set out in section 35(2)﻿(a) to (e)
b: meet no less than twice each year to discuss appropriate responses to address the outcomes of the monitoring of those matters set out in section 35(2)﻿(a) to (e)
i: the potential for review of Resource Management Act 1991 planning documents; and
ii: enforcement under the Resource Management Act 1991
c: agree appropriate procedures for reporting back to the Trust on the enforcement action taken by the local authority:
d: discuss and agree the role of the Trust in the 5-yearly review provided for in section 35(2A)
e: discuss the potential for persons nominated by the Trust to participate in enforcement action under the Resource Management Act 1991
3: The local authority and the Trust each bears its own costs of complying with this section.
4: Schedule 7
22: Preparation, review, change, or variation of Resource Management Act 1991 planning document
1: This section applies to preparing, reviewing, changing, or varying a Resource Management Act 1991 planning document to the extent to which those processes relate to the vision and strategy.
2: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991 planning document must provide—
a: that, before the preparation, review, change, or variation commences, the local authority and the Trust must convene a joint working party to discuss and recommend to the local authority—
i: the process to be adopted for the preparation, review, change, or variation; and
ii: the general form and content of any document to be drafted for the purposes of consultation or notification under clause 5
b: that the local authority and the Trust must decide jointly on the final recommendation to the local authority on whether to commence a review of, and whether to make an amendment to, a Resource Management Act 1991 planning document:
c: that the local authority and the Trust must decide jointly on the final recommendation to a local authority on the content of a Resource Management Act 1991 planning document to be notified under clause 5
d: that the local authority and the Trust must discuss the potential for the Trust to participate in making decisions on a Resource Management Act 1991 planning document under clause 10
3: The part of the joint management agreement on preparing, reviewing, changing, or varying a Resource Management Act 1991 planning document must also provide a mechanism for the Trust to participate in processes under Part 2
4: The local authority and the Trust each bears its own costs of complying with this section.
5: Schedule 7
23: Resource consent process
1: This section applies to—
a: applications to the Council for resource consent to—
i: dam, divert, take, or use, water from or in the Waipa River:
ii: discharge a contaminant or water into the Waipa River:
iii: discharge a contaminant onto or into land in circumstances that will result in the contaminant entering the Waipa River:
iv: discharge a contaminant onto or into land in circumstances that will result in another contaminant emanating as a result of natural processes from the former contaminant entering the Waipa River:
v: alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over the bed or banks of the Waipa River:
vi: drill, excavate, tunnel, or otherwise disturb the bed or banks of the Waipa River:
vii: deposit a substance in, on, or under the bed or banks of the Waipa River:
viii: reclaim or drain the bed of the Waipa River:
ix: enter onto or pass across the bed of the Waipa River:
x: introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waipa River:
xi: damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waipa River:
xii: damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of the Waipa River:
xiii: damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of the Waipa River:
b: applications to a territorial authority for resource consent for the use of or activities on the surface of the water in the Waipa River.
2: The part of the joint management agreement on the resource consent process must provide that—
a: the local authority must provide the Trust with information on the applications for resource consents the local authority receives:
b: the information must be—
i: the same as would be given to affected persons through limited notification under section 95B
ii: the information that the local authority and the Trust agree on:
c: the information must be provided as soon as reasonably practicable after the application is received and before a determination is made under sections 95A to 95C
d: the local authority and the Trust must jointly develop and agree criteria to assist local authority decision-making under the following processes or sections of the Resource Management Act 1991
i: best practice for pre-application processes:
ii: section 87E
iii: section 88(3)
iv: section 91
v: section 92
vi: sections 95 to 95F
vii: sections 127 128
3: The criteria developed and agreed under subsection (2)﻿(d)—
a: are additional to, and must not derogate from, the criteria that the local authority must apply under the Resource Management Act 1991
b: do not impose a requirement on a consent authority to change, cancel, or review consent conditions.
4: The local authority and the Trust each bears its own costs of complying with this section.
5: Schedule 7
24: Process for finalising
Convening joint committee
1: The local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 business days of the commencement date. Working together positively
2: The local authority and the Trust must work together in a positive and constructive manner to finalise the joint management agreement with facilitation by the Crown within the timeframe in section 17 section 20
3: The local authority and the Trust may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the joint management agreement. Advising Minister of progress
4: No later than 14 months after the effective date or a later date that the local authority and the Trust agree on in writing or electronically, the local authority and the Trust must give written or electronic notice to the Minister—
a: confirming that all matters relating to the joint management agreement have been agreed; or
b: identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues; or
c: notifying an electronic or written agreement to extend the date by which a joint management agreement must be in force.
5: If notice is given under subsection (4)﻿(a), the notice must also specify the date on which the joint management agreement is to come into force.
6: If notice is given under subsection (4)﻿(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues.
7: The working together may continue for a period of no more than 2 months, unless the Minister and the Trust agree in writing or electronically on a longer period. Agreement finalised without ministerial involvement
8: If, at the end of 2 months, all matters relating to the joint management agreement have been resolved, the local authority and the Trust must finalise the joint management agreement and give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force. Agreement finalised with ministerial involvement
9: If, at the end of 2 months, an issue relating to the joint management agreement remains in dispute, the Minister must determine the issue. In making a determination, the Minister must have particular regard to the principles set out in section 20
10: When the local authority and the Trust have the Minister's determination, they must—
a: finalise the joint management agreement; and
b: give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force.
11: The Minister may appoint a facilitator or take any other action that the Minister considers appropriate to promote the resolution of any issues in dispute between the local authority and the Trust.
12: If notice is given under subsection (4)﻿(c), not less than 4 months before the extended date by which a joint management agreement must be in force, the local authority and the Trust must give written or electronic notice to the Minister and the Trust—
a: confirming that—
i: all matters relating to the joint management agreement have been agreed; and
ii: the joint management agreement will be in force on the extended date; or
b: identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues.
13: If notice is given under subsection (12)﻿(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issue and the provisions of subsections (7) to (11) apply with any necessary modification. Agreement may come into force in stages
14: The local authority and the Trust may agree that a joint management agreement is to come into force in stages. Minister must get copy of agreement
15: When the local authority and the Trust give notice to the Minister of the date on which the joint management agreement is to come into force, they must also give the Minister a copy of the agreement. Schedule 7 of Local Government Act 2002 excluded
16: Schedule 7
25: Suspension
1: The local authority and the Trust may agree in writing or electronically to suspend, wholly or partly, the operation of the joint management agreement.
2: In reaching an agreement, the parties must specify the scope and duration of the suspension.
26: Waiver of rights
1: The Trust may give written or electronic notice to the local authority that it waives a right provided for in the joint management agreement.
2: The Trust must specify the extent and duration of the waiver in the notice.
3: The Trust may at any time revoke a notice of waiver by written or electronic notice to the local authority.
27: Legal framework
1: Sections 36B to 36E
2: The carrying out of a duty or function, or the exercise of a power, under a joint management agreement has the same legal effect as the carrying out of a duty or function, or the exercise of a power, by a local authority.
3: A local authority must not use the special consultative procedure under section 83
4: A joint management agreement is enforceable between the parties to it.
5: Neither party has the right to terminate a joint management agreement.
28: Extension
1: The local authority and the Trust may agree to extend the joint management agreement to cover duties, functions, or powers that are additional to those specified in section 19
2: If the local authority and the Trust agree to extend the joint management agreement to cover additional duties, functions, or powers, subsections (3) to (6) apply.
3: The extended part of the joint management agreement is subject to sections 25 to 27 29 to 31
4: The extended part of the joint management agreement may be terminated wholly or partly by one party giving the other party 20 business days' written or electronic notice.
5: Before either party exercises the right in subsection (4), the parties must work together to seek to resolve the issue giving rise to the wish to terminate, in a manner consistent with the principles set out in section 20
6: Termination under subsection (4) does not affect the remaining part of the joint management agreement.
29: Review and amendment
1: The local authority and the Trust may at any time agree in writing or electronically to undertake a review of the joint management agreement.
2: If, as a result of a review, the local authority and the Trust agree in writing or electronically that the joint management agreement should be amended, they may amend the joint management agreement without further formality.
3: If the joint management agreement is amended, the local authority and the Trust must—
a: give written or electronic notice of the amendment to the Minister; and
b: provide a copy of the amended joint management agreement to the Minister.
30: Other powers not affected
The provisions of this Act relating to joint management agreements do not preclude the local authority from—
a: making any other joint management agreement with the Trust under the Resource Management Act 1991
b: making any other co-management arrangement with the Trust under any enactment:
c: making a transfer or delegation to the Trust under any enactment.
31: Exercise of powers in certain circumstances
1: This section applies if—
a: a statutory function or power is affected by a joint management agreement; and
b: either—
i: an emergency situation arises; or
ii: a statutory timeframe for the carrying out of the function or the exercise of the power is not able to be complied with under the joint management agreement.
2: The local authority may carry out the function or exercise the power on its own account and not in accordance with the joint management agreement. Miscellaneous
32: Regulations and bylaws
1: The Governor-General may, by Order in Council, make regulations consistent with the overarching purpose of this Act for the management of aquatic life, habitats, and natural resources in the Upper Waipa River managed under the conservation legislation.
2: Within 24 months of the effective date, the Minister must recommend to the Governor-General the making of regulations under the Fisheries Act 1996
3: Within 24 months of the effective date, the Minister must recommend to the Governor-General the making of regulations under the Fisheries Act 1996
4: The Minister must make any bylaws recommended under subsection (3), unless the Minister is satisfied that the proposed bylaws would have an undue adverse effect on fishing.
4A: Regulations under subsection (1) are secondary legislation ( see Part 3
5: In this section,— Minister Upper Waipa River section 3(2)﻿(a) Waipa River section 3(2)﻿(a) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Accords
1: The Trust may enter into accords with the following Ministers and persons:
a: the Minister of Agriculture:
b: the Minister for Arts, Culture and Heritage:
c: the Minister for Biosecurity:
d: the Minister of Conservation:
e: the Minister of Energy and Resources:
f: the Minister for the Environment:
g: the Minister of Fisheries and Aquaculture:
h: the Minister for Land Information:
i: the Minister of Local Government:
j: the Minister of Maori Affairs:
k: the Director-General of Conservation:
l: the Commissioner of Crown Lands:
m: the chief executive of the Ministry of Fisheries.
2: The accords must be added as schedules to the Waiwaia Accord.
3: The terms of an accord may be varied by agreement between the parties in accordance with the accord's terms.
34: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act, including section 11
a: the Trust and the Waikato River Clean-up Trust may exist in law; or
b: the trustees of the Trust and the Waikato River Clean-up Trust may hold or deal with property or income from property in their capacity as trustees.
2: No rule of law or provisions of an Act, including section 16 Section 34 replaced 30 January 2021 section 161 Trusts Act 2019
35: Trust: public body and public authority
1: The Trust is a public body for the purposes of clause 30
2: The Trust—
a: is a public authority for the purposes of paragraph (a) of the definition of public authority in the Resource Management Act 1991; and
b: is a public authority for the purposes of paragraph (b) of the definition of public authority in the Resource Management Act 1991 only when it makes a joint management agreement under the Resource Management Act 1991 that is not a joint management agreement under any other Act. Transitional provision
36: Process for extending vision and strategy to Upper Waipa River
1: Within 3 months of the effective date, the co-governance entity must examine the vision and strategy for the purpose of considering whether amendments are required to ensure that the vision and strategy contributes to achieving the overarching purpose of this Act.
2: If the co-governance entity decides that amendments are required, it must develop and recommend the amendments, in the course of which it—
a: must take into account the environmental plan and the Maniapoto objectives; and
b: may consider whether the vision and strategy should reflect in its title its application to the Waipa River.
3: If subsection (2) section 9(4)
4: If the co-governance entity decides that amendments are not required, it must notify its decision to the Crown, the Trust, and the other appointers.
5: If subsection (4) applies, the vision and strategy is extended to include the Upper Waipa River and activities in its catchment affecting the Upper Waipa River on the date of the notification.