The Resource Consent Process in
the Waikato River Catchment
The Practical Implications of the
Co-Management Framework
Mark Brockelsby, Waikato Regional Council
30/11/2010
This Presentation will cover…

The Settlement legislation
- In particular; the Purpose, Vision and Strategy &
Waikato River Authority.

Statutory provisions affecting consent
processing; and
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Implementation and practical implications.
Introduction

The Settlement legislation focuses on restoring and
protecting the health and wellbeing of the Waikato
River for future generations.

Encompasses full catchment area including Waipa
and other tributaries.
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Three separate pieces of legislation for River Iwi
settlements (to give effect to Deeds):
- Waikato-Tainui;
- Ngati Tuwharetoa, Raukawa and Te Arawa
(Upper Waikato River); and
- Maniapoto (Waipa River).
Co-Management Areas
Waikato-Tainui
co-management
Area A
Waikato River Authority
Waipa River
co-management
Area C
Upper Waikato River
co-management Area B
Lake
Taupo
Status of Treaty Negotiations
Government - Legislation

Acts
- Waikato-Tainui Raupatu Claims (Waikato River)
Settlement Act 2010
- Ngati Tuwharetoa, Raukawa, and Te Arawa
River Iwi Waikato River Act 2010

Bill
- Nga Wai o Maniapoto (Waipa River) Bill 2010
- Bill no: 231-1 introduced 16/11/10
with
Purpose of the Legislation
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Includes (of relevance to consent processing):
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Recognising the significance of the River to the different
Iwi;
Establishing the Waikato River Authority;
Recognising the Vision and Strategy for the River;
Recognising certain customary activities of the River Iwi;
and
Providing co-management arrangements for the River (this
includes an Integrated River Management Plan).
Vision and Strategy for the River
Te Ture Whaimana o Te Awa o Waikato

Vision
“a future where a healthy Waikato River sustains
abundant life and prosperous communities who,
in turn, are all responsible for restoring and
protecting the health and wellbeing of the
Waikato River, and all it embraces, for
generations to come.”

Applies to the River from Huka Falls to the
mouth and its catchment (including Waipa).
Vision and Strategy (V&S) (cont)

Vision to be realised through pursuit of 13 objectives
and 12 strategies incorporating concepts including:
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Restoration and protection of the River and Iwi
relationships with the River;
Integrated, holistic management of resources;
Precautionary approach;
Recognition of cumulative effects;
Recognition that River is degraded;
Establishing and monitoring health status of River;
Protecting waahi tapu and other sites of significance
Waikato River Authority

Has functions for Areas A, B and C

A body corporate consisting of 10 members
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1 Waikato Raupatu River Trust
1 Te Arawa River Iwi Trust
1 Tuwharetoa
1 Raukawa Settlement Trust
1 Maniapoto Maaori Trust Board
1 Environment Waikato appointee
1 Territorial authority appointee
3 Government appointees
Yet to be formally established
Waikato River Authority (cont)

Purpose:
Set direction through the V&S to achieve
restoration of the river
 Promote integrated, holistic and co-ordinated
approach to implementation of V&S
 Fund rehabilitation initiatives through a Clean-up
Trust

Waikato River Authority (cont)
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Functions include to:
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Engage with LAs on giving effect to V&S;
Co-ordinate implementation of the V&S;
Engage with and provide advice to the EPA;
Monitor implementation of, and periodically review, the
V&S;
Request call-ins under the RMA;
Maintain a register of accredited commissioners; Appoint
commissioners to sit on hearings/BOI; and
Within 3 months of establishment, to commence a review of
the V&S and consider whether targets and methods should
be included.
Statutory Provisions affecting
Consent Processing

V&S deemed part of Waikato RPS;

Review of consent conditions;
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Duty to have regard to V&S;
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Joint Management Agreements (JMA)
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Giving notice of applications to Iwi;
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Joint representation on hearing committees;
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Iwi environmental plans.
V&S deemed part of the Waikato
Regional Policy Statement (RPS)
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Took effect 25th November 2010
Applies to whole River and its land catchment area
Means V&S prevails over any inconsistent
provisions and planning documents must be
amended accordingly
Implications:

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Council must now “have regard to” the RPS (including the V&S)
under s104;
However, Council must also “have particular regard to” V&S when
carrying out any functions under the RMA – including processing
a consent (ie equivalent to a s7 RMA matter).
Review of Consent Conditions

After planning documents have been amended as
required, s128 of the RMA (review of consent
conditions) may be initiated to “make conditions
consistent with” V&S.

Implications:
Potentially affects all consents in Waikato River
Catchment (2-3000);
 Review is discretionary  will need to develop
procedures/criteria for triggering reviews; and

Joint Management Agreements
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JMAs are mandatory;
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Must be signed within 18 months from
Settlement Date (ie from 14/01/11) or as
agreed; and

Must provide for LAs and the Trusts to work
together in undertaking duties, functions and
powers in relation to processing resource
consents (among other things);
JMAs for consents

Must provide for the provision of information to the
Trusts about certain applications received in relation
to the waterways, lakes, wetlands, beds and banks
(not the land generally) in specified areas:

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Waikato-Tainui – Area A
Tuwharetoa/Te Arawa – Area B
Raukawa – Area B plus any Raukawa interests in Area C
Maniapoto – whole Waipa Catchment
Does not apply to all application types (eg discharge
to land/air, s9 of the RMA land uses).
Co-Management Areas
Waikato-Tainui
co-management
Area A
Waikato River Authority
Waipa River
co-management
Area C
Upper Waikato River
co-management Area B
Lake
Taupo
JMAs for consents (cont)
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Trusts and EW must agree on criteria to assist
consent process decision-making in relation to:
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Pre-application processes;
Direct referrals;
Determining completeness under s88;
Requiring further applications under s91;
Requesting further information under s92;
Determining whether to notify an application under
s95-95F; and
Changes to/reviews of consents under s127 and s128
The criteria must not derogate from mandatory
RMA tests.
JMA Implications
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To-date, preliminary discussions only toward
development of JMAs.
JMAs to reflect reinforced focus on:
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Enabling pre-application consultation/engagement between
applicants and Iwi
Enabling more effective Iwi participation through early
advice of applications
Communication protocols and contacts?
Specific guidance on when tangata whenua are “affected
parties”?
Need for better cultural impact information with AEEs?
Focus of JMA is on decision-making criteria.
Giving Notice of Applications
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Separate provision from JMA requirement and applies now
Council must give notice to the WRA and Trusts of specified
application types within the catchment:
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Take, use, dam, divert water;
Point source discharges to water; and
Activities in the beds of rivers and streams
Already implemented for Waikato-Tainui – automated process,
daily email sent of applications received. (Note: confers no
formal status to the Trust in itself); and
Developing an agreed protocol/timeframes for engagement
with the Trust on those applications in which the Trust has an
interest.
Giving Notice of Applications
Implications
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Clearer guidance to applicants on who/when to
consult;
More effective and efficient engagement between
the Trusts and EW on applications of interest;
More consistency (by EW) in taking account of
Maori/Iwi interests in applications;
Over time, increased awareness and recognition of
Maori/Iwi interests amongst applicants; and
Timeframe compliance issues should be
manageable.
Joint Representation on
Hearing Committees
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Applies to hearings of applications;
Requires equal numbers of accredited
Council and Waikato River Authority (WRA)
appointed members and an accredited
independent chairperson jointly appointed
by both parties; and
WRA and EW to liaise to ensure appropriate
mix of skills/expertise/experience.
Practical Implementation Issues
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WRA set-up issues, establishing
relationships and working arrangements
between WRA and LAs
Minimum of 3 panelists; associated costs
Greater logistical challenges in organising
hearings; eg availability of commissioners 
impacts on timeframes(?)
Iwi Environmental Plans
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Discretionary
If prepared, must be lodged with LAs and
other agencies
Implication:
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EW must have regard to the plan if it considers it
is relevant under s104(1)(c) of the RMA.
In Summary…
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Key messages for applicants:
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Don’t expect business as usual;
The bar has been raised as regards the obligation to
protect the health and well-being of the River;
Expect greater level of engagement/participation by Iwi;
Expect Iwi Management Plans to be prepared and to be
taken account of under s104(1)(c) of the RMA;
AEEs will need to address Waikato River effects explicitly;
and
Pre-application consultation with relevant Iwi is
recommended.
Questions?