The EPA: Māori engagement in
our regulatory processes
Symposium on Māori Engagement 2015
Kerry Prendergast, Board Chair, Environmental Protection Authority
Outline of presentation
The EPA’s role as New Zealand’s environmental
regulator
Fulfilment of our regulatory objectives within a
framework that incorporates the Treaty of Waitangi
Regulation of the environmental impact of petroleum
and mineral exploration and production
Productivity Commission’s evaluation of our decisionmaking and engagement model
Challenges to Māori engagement and participation in
our regulatory processes
Environmental Protection Authority
National environmental regulator
Decision making for:
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Exclusive Economic Zone
RMA Nationally Significant Proposals
Hazardous Substances
New Organisms
Emissions Trading Scheme
Our vision – to be a world-leading environmental
regulator focused on delivering robust, objective
decisions and ensuring compliance with rules to
protect people and the environment.
Engagement with Māori
EPA has statutory obligations to Māori
Obligations met through framework which includes:
He Whetū Mārama: EPA’s Māori Strategy
Ngā Kaihautū Tikanga Taiao: Statutory Māori Advisory Committee
Te Herenga: National network
Kaupapa Kura Taiao: internal Māori Policy and Operations Group
Chief Executive
Board Chair
He Whetū Mārama: Our Māori strategy
Strategic pillar: guides our
organisation in carrying out
statutory and other obligations
to Māori
Helps ensure our policies,
processes and decisionmaking are fully and
effectively informed by Māori
perspectives
Ngā Kaihautū Tikanga Taiao
Operates under EPA Act
Statutory role under Acts we administer, for example:
Exclusive Economic Zone and Continental Shelf (Environmental
Effects) Act
Hazardous Substances and New Organisms Act
Provides advice and assistance to EPA from Māori
perspective on policy, process and decisions
Other pillars of framework
Te Herenga
Set up to improve participation of
Maori under HSNO Act
Engagement now extends across
full range of EPA activities
Kaupapa Kura Taiao
Leads development and
management of relationships with
Māori to enable participation in
decision making
Support for Ngā Kaihautū and Te
Herenga, decision makers and
staff
EPA role under the EEZ Act
Purpose of Act is to promote the
sustainable management of the
natural resources of the EEZ
EPA is consenting authority
 Assessment of impacts (environment
and existing interests)
 Notified and non-notified processes
 Arms length from the government of
the day
Monitoring and enforcement
(including Permitted Activities)
Promoting awareness of EEZ Act
Our Exclusive Economic Zone is one of the largest in the
world. It is more than 20 times the size of NZ.
The last two years
Granted four marine consents
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OMV Whio
STOS Ruru-2 and
Māui-8
OMV Whio
STOS Ruru-2 and Māui-8
OMV Maari
STOS Maui Offshore Facilities
OMV Maari
Refused two applications for marine consent
 Trans-Tasman Resources
 Chatham Rock Phosphate
Issued four rulings (activities associated with platforms
that existed before EEZ Act)
Compliance inspections of existing structures and
seismic surveying operations
Monitoring of permitted activities
STOS Māui
Effects on existing interests
Required by EEZ Act to consider effects on existing interests
as well as environment
Existing interests may include:
those identified through historical and contemporary Treaty of Waitangi
Settlements (including the Fisheries Claim Settlement Act 1992) and
customary marine title
protected customary rights granted under the Marine and Coastal Area
(Takutai Moana) Act 2011
any lawfully established existing activity.
Applicants must prepare an impact assessment
Must also outline the measures it will take to avoid, remedy or
mitigate those effects
Existing interests relevant to a number of stages: impact
assessment, notification and decision-making
Engagement with existing interests
EPA serves copy of notice on
persons whose existing interests
may be affected
Applicants encouraged to engage
directly with representatives of those
interests
Kaupapa Kura Taiao provides
advice and support on engagement
with existing Māori interests
Ngā Kaihautū may provide decisionmaking committee with advice on
appropriateness of process and any
engagement undertaken
Hearing held at Pariroa Marae at Patea in April
2014 by an EEZ decision-making committee
Endorsement by Productivity Commission
Comprehensive report on regulatory institutions and practices
including case study on how EPA incorporates principles of
Treaty of Waitangi in its regulatory practice
EPA has “successfully built the Treaty framework into its
broader decision-making framework”
All stakeholders interviewed identified EPA as standard setter
with respect to incorporating Treaty principles into its decision
making
“EPA has actively developed a culture that promotes with its
relationships, respect, openness, honesty, fair dealing and
dignity for all. In turn this has produced a strong dividend in the
form of trust, a word emphasised by most stakeholders
interviewed.”
Challenges to Māori engagement
Māori taking increasingly broader role in development
of resources in New Zealand
Creates situation where Māori may have dual role in
decision-making process eg as applicant and submitter
Placing increasing strain on capacity and capability of
iwi organisations to participate in application process
Sense growing iwi frustration that less able to ensure
Māori world view or concerns of their iwi have a bearing
on decisions
Also creates difficulty for applicants who are required to
provide us with information about the effects of their
proposals on Māori
Adversarial nature of environmental
decision making
EPA has so far avoided legalist and minimalist approach to Treaty
principles
Productivity Commission has also acknowledged challenges we face
in maintaining our approach
We favour an approach that reaches objectives through our
engagement framework based on strong relationships and trust
Some of the issues we have identified may be contributing to
increasingly adversarial nature of environmental decision-making
processes
Can detract from provision of good quality information to decision
makers and creates barriers to participation by public, including iwi,
who submit on applications
Facing the challenge
Operational policies and frameworks
Promoting more ‘inquisitorial’ than ‘adversarial’ approach
Provide more opportunity for specialist advice and good quality
information
Less emphasis on procedural and legal argument
Contribute to delivery of robust and objective decisions
In conclusion
Decision-making model regarded as a standard setter in Māori
engagement and participation in regulatory processes
Acknowledge challenges, but EPA will strive to ensure efficient,
effective and transparent management of NZ’s environment and
its natural and physical resources.