POLICY
Engaging with Māori for Applications to the EPA
‘He aha te mea nui o te ao? Māku e kī atu: he tāngata, he tāngata, he tāngata’
What is the world’s greatest resource? I say: it is people, it is people, it is people.
Introduction
The functions and activities of the Environmental Protection Authority (EPA) reflect the desire and commitment of
New Zealander’s to live in healthy, productive and sustainable communities supported by an environment that
enhances social, cultural and economic wellbeing.
The purpose and responsibilities of the EPA are outlined in the EPA Act 2011 and includes a range of regulatory
functions under several environmental Acts (including the Resource Management Act, the Hazardous Substances
and New Organisms Act, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act and the
Climate Change Response Act).
In undertaking this work the EPA recognises a range of legislative and other responsibilities for ensuring Māori1 are
engaged in its activities and decision making processes.
The provisions outlined in this policy do not replace or supersede relevant legislative provisions. Instead they
should be interpreted as being consistent with those outlined in any of the environmental Acts for which the EPA is
responsible2. This policy should also be read in conjunction with the Guidelines for engaging with Māori for
Applications to the EPA.
Principal policy statement
It is appropriate for applicants to engage with Māori for any application to be processed by the EPA that poses a
significant impact3 (either positively or negatively) on outcomes of importance to Māori.
Engagement will need to be conducted early in the development of application proposals to ensure a genuine
opportunity for Māori to influence aspects of the proposal relevant to their interests.
Applicants will need to ensure they engage with the correct and most appropriate parties (e.g. recognised mana
whenua and mana moana), and should be prepared to resource the engagement where necessary.
For the purposes of this policy ‘Māori’ is taken to mean tāngata whenua, mana whenua, mana moana or other iwi, hapū or Māori
organisational representations of relevance to the activity proposed.
2
An overview of the provisions specific to Māori identified in the environmental Acts of relevance to the EPA are outlined in the guidelines to this
policy.
3
It should be noted that ‘impacts’ may be tangible and/or intangible in nature.
1
www.epa.govt.nz
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Engaging with Māori for Applications to the EPA
‘Engagement’ in the context of this policy, is taken to mean the range of activities undertaken prior to the
lodgement of applications with the EPA in order to conduct two-way interaction and communication with Māori. It
is likely to include a mix of information sharing, consultation, negotiation, relationship development and
management, hui / wānanga, the seeking of perspectives and the receipt of feedback. Engagement should not be
confused with ‘notification’ which is a one-way communication most often conducted after an application has been
lodged with the EPA or to register the initiation of an approved activity. Notification requirements are outlined in the
relevant legislative provisions under which the application is to be processed.
The definition of ‘significant’ will be dependent on the Act within which the application is to be processed 4 and a
range of tests will need to be considered. In the absence of any identified agreement to the contrary, only the
relevant Māori groups can determine whether an impact is significant to them or not.
Examples of outcomes of importance to Māori are outlined in Appendix 1.
As noted earlier this policy should be read in conjunction with the ‘Guidelines for Engaging with Māori for
Applications to the EPA’ which provides more detailed and pragmatic information to support the implementation of
the policy requirements.
Effective engagement
‘The most effective way to engage with Māori is by investing in relationships with Māori – rather than by
making the task of engagement the focus of the investment’ 5
The requirement for effective engagement recognises that for informed decision making to be both effective and
efficient, interactions between engaging parties are most productive where those interactions are based on preestablished relationships.
The purpose of engagement with Māori from an EPA perspective is to gather and, where possible, incorporate and
address any information relevant to applications. The EPA considers Māori perspectives and knowledge systems
as important as other information or analysis used in preparing applications and is required by statute to take in to
account such information. It also considers that the best way to understand the effects of an application on the
outcomes of importance to Māori is through effective engagement with the relevant Māori groups. This is most
easily achieved where the core values of respect, reciprocity, collaboration and transparency are reflected
throughout the engagement process.
Given the often complex and technical nature of the application proposals made to the EPA, effective engagement
should include the following components:
 Sufficient resources and processes for engagement;
 Specialist expertise (in the form of a person or persons who can clearly explain either in writing or verbally the
technical information);
4
5
Definitions of ‘significant’ can be found in the Guidelines for Engaging with Māori for Applications to the EPA.
Te Puni Kōkiri 2006, ‘Building Relationships for Effective Engagement with Māori’ Fact Sheet 32
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Engaging with Māori for Applications to the EPA
 Independent mātauranga Māori expertise (in the form of a person or persons who understand and can explain
the implications of the potential impacts from a tikanga Māori perspective); and
 Practitioner’s expertise (in the form of a person or persons who understand and can combine the two forms of
knowledge together to determine actual effects and possible measures to manage them).
There are many examples and models of ‘best practice’ however effective engagement with Māori will require a
number of different approaches which might include consultation. These approaches will depend on the nature of
the groups involved, the availability of time and resource, and capacity issues.
It is critical that applicants engage with the correct and most appropriate Māori groups, and where applicants are
uncertain they should seek advice from the EPA or other recognised authorities at a regional level. The EPA is not
in the business of brokering engagement, but is available to provide advice and support to either applicants or
Māori groups where necessary.
A number of guides, tools, case studies and other useful information will over time be available on the EPA website
(www.epa.govt.nz) to help inform engagement activities.
Triggers for engagement
Engagement with Māori will always be encouraged for any type of application that may be of interest to Māori.
However, engagement will be particularly appropriate where proposals involve or pose significant potential impacts
to:
 Native or valued flora and fauna;
 Sites of Māori cultural or other significance;
 Environmental health and wellbeing generally;
 Māori cultural practices and knowledge;
 Māori health and wellbeing;
 Māori social and economic aspirations; and
 Any statutory or other requirement or acknowledgement of relevance to the proposed activity6.
In determining whether engagement is appropriate, the importance of any positive or negative impact on the
outcomes of importance to Māori7 will be a useful guide.
Applicants should consult with the EPA before confirming their engagement requirement and approach. The EPA
has useful networks and experience in this area and can support applicants in developing their engagement
strategy. Talking to the EPA early in the development of application proposals can also avoid unnecessary cost,
confusion or delays arising from inadequate or inappropriate engagement.
6
Examples include statutory acknowledgements, iwi management plan or joint management agreements and provisions, recognised customary
rights, world heritage attributions etc.
7
See Appendix 1 for the Outcomes of Significance to Māori
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Engaging with Māori for Applications to the EPA
Determining an appropriate engagement strategy will be based on a number of factors including the level and
significance of potential impacts and whether they can be mitigated to minor or less than minor levels. Such
mitigation measures might include the nature of the application type itself (e.g. if it is an application whose effects
are contained), or through the imposition of controls or conditions to manage impacts to a minor or less than minor
level.
Types of engagement
Local or National
Once it has been determined that significant impacts are posed (i.e. if any of the above have been triggered),
consideration will need to be given to whether those impacts are local or national in terms of Māori interests.
The general principle applying is that if an application proposal will only have local impacts of significance to Māori,
then it will be sufficient to engage with those Māori directly affected (e.g. the mana whenua of the area or relevant
Māori industry organisations). Engagement on a national scale will be reserved for cases where national impacts
of significance to Māori are posed. In general terms application proposals made to the EPA under the Resource
Management or Exclusive Economic Zone and Continental Shelf Act (i.e. involving the regulation of activity) will
have local or regionally based impacts, so local or regional engagement will be appropriate. Hazardous
Substances and New Organism Act proposals involving the release or reassessment of organisms or substances
are likely to have national impacts so national engagement will be appropriate. There may be exceptions to this
general principle, but they should be justified on a case by case basis.
When seeking to engage with Māori, the EPA and applicants will need to recognise that different groups are likely
to have different levels of capability and capacity relevant to the proposal at hand. Some groups will have
significant resource or environmental management capacity to more easily facilitate their participation. For others it
may be more difficult to respond or participate readily. This will require applicants to be prepared to tailor their
engagement approach to suit a range of capacity realities and ensure useful and quality engagement outcomes.
Engagement monitoring, advice and support
The EPA will be available to work proactively with applicants, applicant organisations and Māori to provide advice
and support in any engagement activity. This will include:

being able to direct applicants to an up to date database of relevant Māori contact information;

providing a range of tools and information on the EPA website for both applicants and Māori involved in
engagement activities;

maintaining a programme of hui and information exchange through which applicants and Māori can
communicate and share information readily; and

maintain internal process guidelines and checklists that ensure the EPA implements the provisions of this
policy appropriately.
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Engaging with Māori for Applications to the EPA
In addition the EPA will monitor engagement activity to ensure the appropriateness and effectiveness of these
policy provisions.
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Engaging with Māori for Applications to the EPA
Appendix 1
Outcomes of Importance to Māori
Some examples of outcomes have been identified as important to Māori across the following broad range of areas
of relevance to the functions of the EPA. This is not an exhaustive list but includes:
 Environmental
 Cultural
 Social, Health and Wellbeing
 Economic Development & Sustainability
 Tīriti o Waitangi / Treaty of Waitangi
These outcomes provide a reference against which the appropriateness and level of engagement can be
assessed. If an application is likely to cause significant impact to the outcomes listed below the EPA will need to
consider those impacts in relation to other effects identified. An indication of the depth of concern (or weight)
expressed by Māori to any impacts identified should be provided by Māori engaged about the proposal.
Further information and practical examples of impacts on these outcomes can be provided by the EPA on request.
Environmental Outcomes
The maintenance and/or enhancement of the productive and life-sustaining quantity and quality (including the
spiritually based qualities and intrinsic values) of the following:
 Traditional Māori food resources (mahinga kai)
 New Zealand’s indigenous flora and fauna, or flora and fauna valued by Māori
 Water (inland, coastal and deep sea)
 Land
 Air
 Natural habitats and ecosystems
 Other natural resources valued by Māori
 Other cultural heritage resources valued by Māori
 Other cultural heritage relationships valued by Māori
Cultural Outcomes
Our environment and relationships are such that mātauranga and tikanga Māori are protected and enhanced in
accordance with Māori aspirations. This includes that the kaitiakitanga role of Māori is actively provided for to
ensure the protection of the mauri, mana and tapu of:
 People – (Ngā tāngata)
 Native flora and fauna – (Ngā taonga koiora)
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Engaging with Māori for Applications to the EPA
 Valued flora and fauna – (Ngā taonga tuku iho)
 Land – (Te whenua)
 Waterways (inland and offshore) – (Ngā Moana, Roto, Awa, Manga)
 Air – (Te hau)
 Traditional Māori values and practices – (Ngā taonga tuku iho)
Social, Health and Wellbeing Outcomes
The health and wellbeing of people and communities is safeguarded and provided for including the:
 Taha wairua – spiritual health and well-being obtained through the maintenance of a balance with nature and
the protection of mauri
 Taha whanaunga – the responsibility and capacity to belong, care for and share in the collective, including
relationships and social cohesion
 Taha hinengaro - mental health and well-being and the capacity to communicate, think and feel
 Taha tinana - physical health and well-being
These attributes together express the holistic nature of hauora (Māori health and wellbeing) and are taken from the
Whare Tapawhā model of Māori health.
Economic Development & Sustainability Outcomes
The ongoing capacity and capability of Māori to be economically sustainable is preserved and their active
participation in the generation of economic benefit is provided for.
Treaty of Waitangi / Tiriti o Waitangi Outcomes
The right of Māori to identify, protect and develop their cultural and natural resources is maintained, including that
regulatory activities and decisions are consistent with the principles of the Treaty of Waitangi / Tiriti o Waitangi.