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Iwi management plans and consultation under the Resource Management Act 1991

The Resource Management Act (hereafter �the RM Act�) has significantly changed the statutory framework for natural resource management in New Zealand. It is the result of a three year process of law reform, the largest law reform exercise ever undertaken in this country (M. F. E., 1992). It consolidates into one statute most of the laws that regulate the use of New Zealand�s natural and physical resources.
The purpose of the RM Act is the promotion of �the sustainable management of natural and physical resources�. The focus of this Project is the introduction into the RM Act of a number of positive obligations dealing with Maori interests, the principles of the Treaty of Waitangi, consultation, and iwi management plans.
The RM Act contains provisions designed to, amongst other things, safeguard Maori heritage interests, make consultation between consent agencies and tangata whenua mandatory in the preparation of local authority plans and policy statements, provide for the delegation of authority to iwi, and to instruct decision makers to take the principles of the Treaty into account when exercising functions and duties under the act. These provisions provide new opportunities for a distinctive Maori dimension to be incorporated into resource management decision making practice.
The ability is present within the RM Act to remove some of the barriers that have prevented Maori from participating in decisions on the management of resources. The interest of tangata whenua in natural resource management are now a part of the statutory framework. This has the effect of increasing the interaction, consultation and accountability of iwi and local government when natural resources are managed.
The realization of the potential of these iwi provisions in the RM Act will require decision makers and local iwi to develop a working relationship by exploring models of consultation and co-management. For the relationship to be effective, it will need to be based on mutual tolerance and cooperation. The rights and duties in the relationship are complementary and rest with both parties. Long-term sucess will require a commitment from both local authorities and tangata whenua to work together in good faith and with clarity of purpose to develop kaupapa (plan, strategy) for the present and future management of natural resources.

Identiferoai:union.ndltd.org:ADTP/217637
Date January 1995
CreatorsAnich, Vanessa F, n/a
PublisherUniversity of Otago. Department of Geography
Source SetsAustraliasian Digital Theses Program
LanguageEnglish
Detected LanguageEnglish
Rightshttp://policy01.otago.ac.nz/policies/FMPro?-db=policies.fm&-format=viewpolicy.html&-lay=viewpolicy&-sortfield=Title&Type=Academic&-recid=33025&-find), Copyright Vanessa F Anich

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