SECTION 42A REPORT PART 1 - TANGATA WHENUA 1 Executive Summary ................................................................................... 2 2 Introduction .............................................................................................. 3 2.1 Author and qualifications ........................................................................ 3 2.2 Code of Conduct .................................................................................... 3 3 Scope / Purpose of Report ......................................................................... 3 4 Statutory Requirements ............................................................................ 4 4.1 Statutory documents .............................................................................. 4 4.1.1 National Policy Statement on Freshwater Management 2020 ........... 5 4.1.2 National Policy Statement on Urban Development 2020 .................. 5 4.1.3 Resource Management Review ..................................................... 6 4.1.4 Treaty Settlements – update ........................................................ 7 4.1.5 Other Statutory Documents .......................................................... 7 4.1.6 Iwi Management Plans – update ................................................... 7 4.1.7 National Planning Standards ......................................................... 9 4.1.8 Statutory Acknowledgement Areas ................................................ 9 4.2 Procedural matters ................................................................................. 9 5 Consideration of submissions received ...................................................... 9 5.1 Overview of submissions received............................................................ 9 5.2 Section 32AA evaluation ........................................................................ 10 5.3 Officer Recommendations ...................................................................... 11 5.3.1 Key Issue 1: Engage tangata whenua as cultural experts in resource management processes ................................................. 11 5.3.2 Key Issue 2 – Strengthen and clarify wording in relation to resource consent notification process for statutory acknowledgements ......... 14 5.3.3 Key Issue 3: Spelling and information relating to iwi and hapū ....... 16 5.3.4 Key Issue 4: Information relating to other Treaty and Council arrangements with tangata whenua ............................................. 20 6 Conclusion ............................................................................................... 23 Appendix 1: Recommended amendments to Part 1 – Tangata Whenua chapter (ECM XXX) Appendix 2: Recommended decisions on submissions to Part 1 - Tangata Whenua chapter (ECM XXX) 1 Executive Summary 1. The Proposed New Plymouth District Plan (“PDP”) was publicly notified in September 2019. The Part 1 -Tangata Whenua Chapter is a stand-alone chapter required by the National Planning Standards (“the Planning Standards”), which requires district plans to include a ‘Tangata Whenua/Mana Whenua’ chapter in Part 1 (Introduction and General Provisions) of the PDP. The provisions in the Tangata Whenua/Mana Whenua chapter must only include context and process-related provisions – not objectives, policies or rules. 2. Thirteen original submissions and 10 further submissions, some covering more than one submission point, were received on the chapter. Only two of the original submissions, from Heritage New Zealand Pouhere Taonga and Kāinga Ora, were not from iwi or hapū submitters. 3. The key issues identified in submissions on the chapter were: a) Engage Tangata Whenua as cultural experts in resource management processes. b) Strengthen and clarify wording in relation to resource consent notification process for statutory acknowledgements. c) Correct spelling and information relating to iwi and hapū. d) Correct the information relating to other Treaty and Council arrangements with Tangata Whenua. 4. Since the notification of the PDP, there have been a number of changes to the relevant regulatory framework, including the Resource Management Act ("RMA"), National Policy Statements ("NPSs"), and other legislation. In addition, Ngāti Maru have settled their historical Treaty claims with the Crown, and two additional Iwi Environmental Management Plans have been finalised (Te Atiawa and Ngāti Mutunga). 5. This report has been prepared in accordance with section 42A of the RMA and outlines recommendations in response to the issues that have emerged from submissions on the Part 1 – Tangata Whenua chapter. The report is intended to assist the Hearings Panel to make their decisions on the submissions and further submissions on the Part 1 – Tangata Whenua chapter. It also provides submitters with an opportunity to see how their submissions have been evaluated, and the recommendations being made by officers, prior to the hearing. 6. The key changes recommended in this report relate to reflecting tangata whenua engagement as cultural experts in resource management processes; strengthening and clarifying wording in relation to the resource consent notification process for statutory acknowledgements; and addressing spelling and information errors in relation to iwi and hapū and other Treaty and Council arrangements with tangata whenua. 2 2 Introduction 2.1 Author and qualifications 7. My full name is Joanne Ritchie, and I am a Planning Adviser in the District Plan Team at New Plymouth District Council (“NPDC” or “the Council”). 8. I hold the qualification of Bachelor of Arts in English Literature and Sociology from Victoria University in Wellington, New Zealand. 9. Prior to working for the NPDC I worked for five years at the Taranaki Regional Council as a Policy Analyst/Planner and assisted in the preparation and review of regional biosecurity, CDEM and air quality plans. Previously I worked for the Office of Treaty Settlements as a Policy Analyst, Negotiations and Settlements and before that, I worked as a Historical Researcher for the Treaty Issues and International Law Team at the Crown Law Office1. In my Historical Researcher role I presented a brief of factual evidence to the Waitangi Tribunal. 10. I am an Associate member of the New Zealand Planning Institute. 11. I have seven years of experience in planning and resource management including policy development, formation of plan changes and associated cost benefit analyses and assessments; and over 20 years’ experience in the preparation of reports and associated evidence and the preparation of submissions, with particular reference to Tangata Whenua matters. 2.2 Code of Conduct 12. I confirm that I have read the Code of Conduct for Expert Witnesses in the Environment Court Practice Note 2014 and that I have complied with it when preparing this report. Other than when I state that I am relying on the evidence or advice of another person, this evidence is within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. 13. I am authorised to give this evidence on the Council's behalf to the PDP hearings commissioners (“Hearings Panel”). 3 Scope / Purpose of Report 14. This report has been prepared in accordance with Section 42A of the Resource Management Act to: • assist the Hearings Panel in making their decisions on the submissions and further submissions on the PDP; and • provide submitters with an opportunity to see how their submissions have been evaluated and the recommendations being made by officers, prior to the hearing. 1 Working under my maiden name of Galvin 3 15. The Part 1 - Tangata Whenua chapter was developed in 2019, as a result of the promulgation of the Planning Standards. The Government released the Planning Standards in April 2019. 16. The Planning Standards require district plans to include a ‘Tangata Whenua/Mana Whenua’ chapter in Part 1 (Introduction and General Provisions) of the PDP. The provisions in the Tangata Whenua/Mana Whenua chapter must only include context and process-related provisions on matters set out under Direction 28 as follows: • Recognition of hapū and iwi. • Tangata whenua/mana whenua – local authority relationships. • Hapū and iwi planning documents. • Involvement and participation with tangata whenua/mana whenua. 17. It is not mandatory to include all provisions in Direction 28 and decisions on what should be included must be made after engaging with tangata whenua/mana whenua. Links to material outside the PDP may also be included. 18. Officers discussed matters that could be included in the chapter with Ngā Kaitiaki between March and June 2019 and the chapter was finalised for notification in September 2019. Sections addressed in the Part 1 – Tangata Whenua chapter are as follows: • Recognition of iwi and hapū. • Kaupapa Māori Framework – iwi and hapū values. • Treaty Settlement Interests. • Council and Tangata Whenua Relationships. • Hapū and iwi planning documents. • Engagement and Consultation with tangata whenua. 19. This report responds to submissions on Part 1 – Tangata Whenua chapter. It addresses contextual matters in respect of Tangata Whenua in the district, errors in iwi/hapū names and associated activities, and submissions seeking amendments to wording or additional information. Wherever possible, I have provided a recommendation to assist the Hearings Panel in respect of accepting or rejecting submissions made, and on alternative wording for the Part 1 – Tangata Whenua