Consultation with Tangata Whenua on Resource Consent Applications Policy review

Council’s ‘Consultation with Tangata Whenua on Resource Consent Applications Policy 2006’ requires updating to ensure that it’s fit for purpose.

Tell us what you think

We’re proposing some key changes to the policy that we would like feedback on from professional consultants (including planners and developers), iwi/hapū resource management unit (RMU) representatives, and Te Rangapū Mana Whenua o Tauranga Moana.

A summary of the key changes and a draft of the revised policy (215kb pdf) are provided below. We recommend reading these before completing the survey.

Share your thoughts

Targeted consultation begins on 16 December 2024 and will run until 5pm, 10 February 2025.

The policy outlines best practice for Tauranga City Council, applicants, and tangata whenua regarding resource consent applications under the Resource Management Act 1991 (RMA). It provides guidance on how and when to engage with tangata whenua to ensure cultural impacts of proposed developments are identified and negative effects mitigated.

In reviewing the policy, we sought feedback from tangata whenua, property developers, and relevant council staff on the effectiveness of the policy and how it could be improved. As a result, we’re proposing some key changes to the policy (summarised below) that we’d like your thoughts on.

Other formatting changes have also been made to simplify the document, including removing unused definitions, moving the process information into a separate procedural document for consenting staff, updating outdated references, and updating the format with Council’s current policy template.

Summary of the key changes

Please select the drop down arrow for a summary list of each of the key changes

Policy principles

The current Principles section of the policy includes details of Council’s responsibilities under the RMA, and section 5.6 of the policy contains six ‘principles of consultation’ statements describing how the parties should act when engaging in consultation. We’re proposing some changes to simplify and clarify the principles.

The changes include:

Moving updated versions of the RMA information to the ‘Background’ (see section 5.0 of the draft revised policy).
Simplifying the principles to the following six updated statements (see section 4.0 of the draft revised policy):
- Early – engagement with tangata whenua starts at the beginning of the resource consent application process, prior to lodging an application when proposals are less ‘set in stone’.
- Good faith – engagement is based on honesty, mutual trust and cooperation.
- Open mind – all parties must be open to discussion such that the proposal may evolve or be amended in response to issues raised during the engagement process to make informed decisions.
- Ongoing – engagement may be continual with all parties committed to improving understanding of each other’s intentions and to building and maintaining enduring relationships.
- Genuine – discussions are meaningful where all parties may not always agree on a proposal but there are sincere efforts to reach an agreement.
- Respectful – tangata whenua must be able to present their views in a way that is appropriate and relevant to them.
Including ‘active protection’ as a new principle (see section 4.0 of the draft revised policy):
- Active Protection – engagement is undertaken in a manner that recognises the desire of Māori to actively protect and exercise kaitiakitanga over their ancestral lands, water, sites, waahi tapu and other taonga.

Clarifying the recommended engagement

Council recognises the importance of tangata whenua involvement in the resource consent application process and encourages applicants to engage early, to work together with tangata whenua and build relationships from the outset. We’re proposing some changes to reflect this type of engagement.

The changes include:

Changing ‘consultation’ to ‘engagement’ throughout the policy, including in the policy title.
Adding a definition of engagement as “the intentional process of working meaningfully with tangata whenua to shape and inform the idea of a proposal related to a resource consent application and to better understand the potential effects of a proposal on tangata whenua” (see section 3.0 of the draft revised policy for the full definition).
Clarifying there are different types of engagement for different purposes, including “informing, consulting, involving, collaborating and/or empowering” (see section 3.0 and schedule 1 of the draft revised policy).
Clarifying that engagement under the policy encourages two-way communication between the applicant and tangata whenua (see clause 6.1.3 of the draft revised policy).

Clarifying what Council can do in regard to consultation under the RMA

The current policy refers to Council’s obligations under the RMA to “ensure” and “require” consultation, but this misrepresents what Council’s powers are under the RMA. We’re proposing some amendments to clarify what Council is able to do to achieve the objectives of the policy.

The changes include:

Removing any existing references to Council “requiring” or “ensuring” consultation.
Clarifying that Council will “ensure that the cultural effects of proposed developments are adequately assessed where this is enabled by the activity status in the City Plan” (see clause 6.1.9 of the draft revised policy).

Additional actions for Council to support tangata whenua participation

The current policy outlines the roles and responsibilities of Council, applicants, and tangata whenua to support good practice engagement in line with the policy. We’re proposing some additional actions for council staff to help support tangata whenua in participating effectively in the resource consent process.

These additional actions include:

Providing training for new RMA representatives in each iwi/hapū where appropriate to ensure they understand the process and how to respond to applicants (see clause 6.1.4 in the draft revised policy).
Advocating the purpose of this policy through Council’s consultant forum (see clause 6.2.2.1 in the draft revised policy).