New Zealanders will pay more for their electricity and have less security of supply as a result of Maori spiritual arguments over the Resource Management Act, says National's Environment spokesman Nick Smith. He is commenting on yesterday's Environment Court decision that will allow power generator Genesis to use water from the Whanganui River for only a further 10 years. "It is political correctness gone mad when key decisions on infrastructure are made on the basis that diverting the Whanganui River for hydro development will adversely affect Maori spiritual beliefs and self-esteem," Dr Smith says.

Northland Regional Council has granted resource consent to New Zealand Refining Company Ltd to dredge the entrance to Whangarei Harbour. Dredging will allow larger crude cargoes of around 1 million barrels to be shipped to Marsden Point. Conditions of the resource consent include payments of $1.15 million (plus GST if any) to local tangata whenua to form a Kaitiaki Group.

A Staff Report on submissions noted the potential for "conflict between the Māori worldview and the western worldview including lack of proper consideration of cultural effects such as the ability of tangata whenua to exercise kaitiakitanga and manaakitanga".

Mr Simmons (on behalf of Refining New Zealand) submitted that "significant efforts have been made by the Applicant to address concerns expressed regarding cultural issues. RNZ has been inclusive and had engaged in a culturally sensitive way following input from the NRC’s cultural liaison officer and iwi resource management representatives, and had listened to comments made at several hui held at different marae. He submitted the Applicant’s cultural engagement, and the project itself, have also been shaped by its independent cultural expert, Mr Coffin. He said that RNZ had very carefully scoped and designed the project to minimise all environmental and cultural effects, and had responded to outstanding cultural concerns by proactively and constructively proffering mechanisms, including establishment and funding of a ‘Kaitiaki Group’ (KG), ecological enhancements, and steps to protect avifauna. Overall, he submitted that we can be confident that the consultation effort has been robust and genuine. On the basis of the evidence provided by RNZ, he further submitted that all relevant cultural effects have been appropriately addressed". 

Refining New Zealand is also required under the Consent conditions to mitigate environmental effects of the dredging, including providing a Biosecurity Management Plan (Clauses 9 - 12); Marine Mammal Management Plan (Clauses 21 - 28); Coastal Bird monitoring (Clause 29); Korora (Little penguin) breeding enhancement consultation (Clauses 30 - 33); Oi (Grey Faced Petrel) contribution (Clauses 34 - 35); Harbour Restoration and Enhancement Monitoring Programme (Clauses 56 - 60); Benthic [seabed] Ecology Management Plan (Clauses 66 - 106) and Water Quality monitoring (Clause 107).

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Kaitiaki Group (KG)
44 The Consent Holder shall, at least six months prior to the date that the capital dredging is intended to commence, provide a written offer to the relevant representative entities of tangata whenua groups of Whangārei Te Rerenga Parāoa to establish and maintain a Kaitiaki Group (‘KG’).
(a) For the purposes of these resource consents the ‘relevant representative tangata whenua groups’ are: Patuharakeke, Te Parawhau, Ngāti Kahu o Torongare, Te Waiariki, Ngāti Korora, Ngāti Tu, Te Uriroroi, and Ngātiwai; (b) The entities nominated to represent the tangata whenua groups listed in clause (a) of this condition shall be identified by tangata whenua. Tangata whenua shall advise both the Consent Holder and the council as to whom their representative entities will be; and (c) Other tangata whenua groups may be invited to join the KG where they have been endorsed by the majority of the members of the KG and confirmed by the council.
Advice Note: There are several existing groups exercising various roles aimed at improving the health of Whangārei Te Rerenga Parāoa, including, for example the “Kaitiaki Roopu” which was established under resource consents granted to Northport for its port expansion.

45 Each of the above parties listed in Condition 44 who accepts the Consent Holder’s offer may nominate one representative and an alternate representative to the KG. The Consent Holder may also nominate one representative and an alternative representative to the KG.
46 As soon as practicable after acceptance of the Consent Holder’s above offer by one or more parties, a Charter establishing the KG shall be executed by the Consent Holder and the accepting parties, following which the KG shall be constituted. The Charter shall set out/include the following, as a minimum:
(a) The name by which the KG shall be formally known; (b) The functions of the KG in accordance with Condition 47 below, and how such functions shall be exercised by the KG; (c) The composition of the KG and the process by which membership may be amended; (d) How the KG intends to carry out its functions, including the frequency and format of KG meetings, and methods for decision-making; (e) A dispute resolution process whereby any differences that may arise in establishing and/or operating the KG may be resolved by direct discussions between the parties in dispute, and failing that, by reference to mediation by an AMINZ affiliated mediator (the costs of the mediator to be met by the Consent Holder); (f) The rates of remuneration for members of the KG; and (g) The period the KG shall operate for; which shall be no shorter than is necessary to fulfil the KG’s functions under these resource consents.
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Functions of the KG 47 The functions of the KG are to:
(a) Recognise and provide for the importance of Whangārei Te Rerenga Parāoa as a taonga to tangata whenua, within the framework of these resource consents; (b) Recognise and provide for the kaitiakitanga of Māori who have a kaitiaki relationship with Whangārei Te Rerenga Parāoa, within the framework of these resource consents; (c) Facilitate the involvement of Māori who have a kaitiaki relationship with Whangārei Te Rerenga Parāoa in the exercise of these resource consents; (d) Facilitate the incorporation of kaitiaki responsibilities and values in the exercise of these resource consents; and (e) Provide a forum for engagement between Māori who have a kaitiaki relationship with Whangārei Te Rerenga Parāoa, the Consent Holder and the council regarding the exercise of these resource consents.
Roles of the KG 48 In fulfilling its functions, the role of the KG shall be to:
(a) Nominate up to two people with knowledge of mātauranga Māori to train as marine mammal observers; (b) Nominate a representative to sit on the MPLC; (c) Receive reports and information from the Consent Holder required pursuant to these resource consents, including but not limited to, predator control and installation of nesting boxes for kororā/little penguin (see Condition 30), and notification of any discovery of archaeological material (see Condition 66); (d) Review and comment, as necessary, on the following (amongst other things): the MMMP required by Condition 21; the Harbour Restoration and Enhancement monitoring programme required by Condition 56; the BEMP required by Condition 99; and the RMP required by Condition 124; (e) Review and comment, as necessary, on the monitoring reports produced by the Consent Holder prior to them being submitted to the council to ensure the KG views are made known to council prior to any review; (f) Work collaboratively with the council and the Consent Holder to determine and implement appropriate procedures to control any adventive pests and weeds present within any disturbed area; (g) Receive updates every five years on new technology and processes related to the Dredge Management Plan; (h) Develop a Matauranga Māori Monitoring Framework; (i) Receive from the Consent Holder notification of any receiving water quality limit exceedances (see Condition 108); and consult with the council’s Compliance Manager regarding any receiving water quality limit exceedances in accordance with Condition 108; (j) Provide advice on enhancing access to mahinga kai sites;
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(k) Identify, develop, establish and/or approve suitable studies or projects designed to improve water quality, coastal processes, environmental, ecological, and cultural health of the Whangārei Harbour entrance (including its shores) and northern Bream Bay; and (l) Receive requests from Māori who have a kaitiaki relationship with Whangārei Te Rerenga Parāoa for the undertaking of any cultural ceremonies relating to the exercise of these resource consents, including without limitation in the event of discovery of kōiwi; and for facilitating the provision of any such cultural ceremonies the KG reasonably deems to be appropriate.
49 The Consent Holder shall provide written confirmation to the council’s Compliance Manager within two weeks of execution of the Charter establishing the KG pursuant to Condition 46.
50 The first KG meeting shall be held as soon as practicable after execution of the Charter establishing the KG. The KG shall determine how it conducts/administers its functions under these resource consents.
51 The Consent Holder shall:
(a) Meet the reasonable costs, up to a maximum of $10,000 per year, incurred by the KG in fulfilling its functions under these resource consents, including KG meetings and remuneration of KG members; subject to normal business practices, including invoicing and accounting, and in accordance with the Charter produced under Condition 46; (b) Give members at least three weeks’ advance notice of the date, time and location of KG meetings; (c) Take Minutes of KG meetings, which shall be forwarded to KG members and the council within three weeks of each meeting; (d) Provide copies of the relevant reports and documentation required by the conditions of this resource consent to the KG; (e) Provide the KG with opportunities to review and comment on the following documents: the MMMP required by Condition 21, the Harbour Restoration and Enhancement monitoring programme required by Condition 56, the BEMP required by Condition 99, and the RMP required by Condition 124; (f) Have particular regard to any relevant comments provided by the KG under Condition 51(e) in the preparation and implementation of the documents (including any subsequent amendments) referred to in that condition; and (g) Provide monthly email updates to the KG on any dredging undertaken, and on the outcomes of monitoring conducted in general accordance with these resource consents.
52 The Consent Holder shall provide funding to the KG as follows:
(a) An initial payment of $150,000 (plus GST, if any) within one month of the KG being constituted in accordance with Condition 46 (referred to below as the ‘Initial Kaitiaki Fund’); (b) Ten annual payments of $50,000 each (plus GST, if any), with the first payment to be made within six months of completion of the capital dredging authorised by these resource consents (referred to below as the ‘Ongoing Kaitiaki Fund’); and
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(c) Ten annual payments of $50,000 each (plus GST, if any), with the first payment to be made within six months of completion of the capital dredging authorised by these resource consents (referred to below as the ‘Poupouwhenua Fund’).
53 The Initial Kaitiaki Fund in Condition 52(a) above is intended to provide immediate working capital for the KG to assess the effects of the capital dredging authorised by these resource consents on Whangārei Te Rerenga Parāoa. The Ongoing Kaitiaki Fund in Condition 52(b) above is intended to enable the KG to continue to monitor the effects of the exercise of these resource consents on Whangārei Te Rerenga Parāoa, including maintenance dredging. Nothing in this condition, however, is intended to limit the use of the funding provided by the Consent Holder pursuant to Condition 52, provided such use is consistent with the KG’s Charter. 54 The Poupouwhenua Fund in Condition 52(c) above is to be utilised towards restoration or enhancement projects at Poupouwhenua, including (without limitation) the examples set out in Condition 59 below. The Poupouwhenua Fund shall be held and administered separately to the Initial Kaitiaki Fund and Ongoing Kaitiaki Fund. The use of the Poupouwhenua Fund shall be determined by the Patuharakeke representative to the KG at their discretion. The Patuharakeke representative may, entirely at their own discretion, include other members of the KG in determining how the fund is used. 55 Except where the context requires otherwise, all the Consent Holder’s obligations with respect to the KG under these resource consents are conditional on the KG being validly constituted, including execution of the KG Charter through agreement by the relevant parties.

Source:

NORTHLAND REGIONAL COUNCIL : Report and Decision of the Hearings Commissioners Meeting held at Toll Stadium, Whangārei and Takahiwai Marae on 26 February – 2 March and 13–14 March 2018

Horowhenua Council’s Chief Executive confidentially agreed to provide nearly a million dollars to Te Runanga o Raukawa provided it did not object to a wastewater scheme.

Chief executive David Clapperton made the confidential agreement to provide at least $880,500 to Te Runanga o Raukawa on the proviso the Runanga withdraw its objection to council’s resource consent application to make discharges from the Foxton Waste Water Treatment Plant to Matakarapa Island.

“This is a huge sum of money distributed to a collective group for purposes which have not been disclosed to the public or debated by council for consideration,” said Councillor Ross Campbell.

Source: Kapiti Independent News, May 13, 2018: https://kapitiindependentnews.net.nz/horowhenua-councils-secret-payout/

New Zealanders will pay more for their electricity and have less security of supply as a result of Maori spiritual arguments over the Resource Management Act, says National's Environment spokesman Nick Smith.

He is commenting on yesterday's Environment Court decision that will allow power generator Genesis to use water from the Whanganui River for only a further 10 years.

"It is political correctness gone mad when key decisions on infrastructure are made on the basis that diverting the Whanganui River for hydro development will adversely affect Maori spiritual beliefs and self-esteem," Dr Smith says.

"Maori families struggle to pay their power bills like everyone else, and keeping their children warm at a reasonable cost is far more important than any spiritual attachment to water hundreds of kilometres away.

"This decision is also concerning in that it invites Maori and Genesis to have 'a meeting of the minds' over the next 10 years to resolve the future use of the water. This is an invitation for backhanders, given the huge value of electricity and the leverage that Whanganui iwi will have over Genesis.

"It highlights the urgent need to reform the Resource Management Act. We have seen roads diverted for the taniwha and now electricity generation is being compromised because of Maori spirits.

"This will send a further shiver down the spine of the electricity industry, which cannot invest with any certainty with this length of consent," Dr Smith says.

Source: Scoop Independent News: Press Release New Zealand National Party, Tuesday 25 May 2004

http://www.scoop.co.nz/stories/PA0405/S00515/folly-of-maori-spiritual-argument-highlighted.htm

Waitaha (te Runanga O Waitaha Me Mata Waka Inc) appeal against the granting of RMA consents by Waitaki District and Otago Regional Councils, claiming the Councils had failed in their resource consents process to apply the Treaty of Waitangi, Resource Management Act, New Zealand Bill of Rights Act and Local Government Act. Waitaha representative Stephen Bray said it was "not his organisation's intention to apply undue pressure or to influence anyone, but to give clear understanding of its concerns and its perspectives of the appeal process it had been part of". "Waitaha values were not tradeable, nor could they be compromised by others. Only Waitaha after consultation could alter those values"

Source: Otago Daily Times: Holcim Land held sacred by Waitaha, David Bruce, Friday, 15 May 2009

https://www.odt.co.nz/regions/north-otago/holcim-land-held-sacred-waitaha

From one of a myriad of examples of soft coersion:

“The signing of a Relationship Agreement between Genesis Energy and six Huntly Marae and the Huntly based Waahi Whaanui Trust was the culmination of five years of engagement and dialogue. The agreement records the parties’ intention to establish an enduring, positive and beneficial relationship which directly addresses the effects of the Huntly Power Station on local Marae, while recognising the Huntly Power Station is a key strategic asset for Genesis Energy and New Zealand. Through regular engagement and funding provided by Genesis Energy, the parties seek to deliver the broad objectives of developing a long term relationship, assisting Marae development, fostering cultural understanding, supporting the kaitiaki role of the Marae and enhancing the environment and supporting education and training initiatives”.

Source: Genesis Energy Ltd Annual Report 2010: https://www.genesisenergy.co.nz/documents/10180/14637/Annual+Report+2009-2010/92fce4ae-f2aa-4dff-925f-daaa05037b77 : Pg 5

“the third point I want to make is a broader question. It is in respect of the Resource Management Act. At the weekend we saw reported what I think is a very sad development for New Zealand. This country takes great pride in being a corruption-free country, a country where things are done upfront. 

We saw through the resource management process, a payment to Tainui of over $1 million. On exactly the same day the deal was drafted, an Environment Court Appeal was withdrawn. We are to believe that it is a co-incidence that the funding agreement just happens to expire on 1 January 2023, the day that the resource consent expires. This is a very sad reflection on Carter Holt Harvey. It is a sad reflection on Tainui. I believe that there are dozens of such cases. The only thing that is unique about this one is that it was reported because of the internal wrangles within Tainui” .

Dr Nick Smith, June 13 2001 

Sources:

1. New Zealand Hansard archives: Wednesday, June 13 2001; Dr Nick Smith: Hauraki Gulf Marine Park Amendment Bill: Third Reading http://www.vdig.net/hansard/archive.jsp?y=2001&m=06&d=13&o=70&p=74

In some situations, consenting authorities and courts are required to deliberate on the effects of a matter on tribal “spiritual values”. The courts have accepted that ancestral land is land that has been "owned" by ancestors (i.e. it need not have remained in Māori ownership). Generally, once a relationship with Maori is recognised, consultation is imperative. 

A Maori official “assisting” the Auckland Council preparing a billion dollar under-water rail tunnel told Council that the proposed route would trespass upon the territory of “horotiu” the taniwha (ancestral demon) The official noted to the Committee “there are always ways to placate taniwha”.

Sources:

Round, D --- "Here Be Dragons?" [2005] OtaLawRw 3; (2005) 11 Otago Law Review 31

http://www.nzlii.org/nz/journals/OtaLawRw/2005/3.html

See also: "Horotiu the Taniwha Stirs" David Round: https://www.nzcpr.com/horotiu-the-taniwha-stirs/

Models for the allocation of fresh water were under discussion at a meeting between Prime Minister Bill English and the Iwi Chairs Forum on Friday at Waitangi.

Iwi leaders want allocation of a proportion of water in each catchment to iwi as well as direct involvement in decision making.  See http://www.maniapoto.iwi.nz/wp-content/uploads/2016/07/FINAL-Regional-Iwi-Hui-Presentation-July-2016.pdf

The Government wants to deal with this demand by shuffling the responsibility to local government.