Iwi consultation under the Resource Management Act (1991) : an exploration of contemporary practice

Abstract

Under the Resource Management Act (1991) local authorities are required to consult with tangata whenua. However, there are no national standards to define, or to ensure, consistent recognition of tangata whenua concerns under the Resource Management Act (RMA).

This thesis explores the concerns of iwi, planners, and local commentators who call for improvement in the way consultation occurs, in order to maximise tangata whenua participation in resource management decision-making. The problems of iwi consultation under the RMA were investigated using a combination of theoretical discussion and empirical observation, which involved case study research in Auckland and Canterbury. Research focused on the experience of key participants involved in the consultation process of the upgrade and operation of the Mangere and Christchurch Wastewater Treatment Plants. Theories of deliberative democracy were applied to analysis of these case studies.

Results indicated that it is difficult to identify appropriate tangata whenua for consultation, that planning outcomes may often be shaped by economic parameters, that historical relations between Maori and Pakeha set precedence for future participation in the consultation process, which is not sufficiently recognised by democratic theorists, and that tangata whenua concerns can be "filtered out" during cross-cultural consultation. Case study research allowed development of recommendations in good practice for iwi consultation by local government and provided an opportunity to reflect on the strength and limitations of deliberative democracy as a model of decision-making in a bicultural community.