District plan implementation under the RMA: Confessions of a resource consent

This report focuses on results from Phase 2 of PUCM - the quality of plan implementation in six district councils selected for their range of plan quality and capacity to plan. Only those results considered to be important for assisting the six councils (and others) to improve implementation of their plans are included in this report. The findings and recommendations, both specific and general, ought to be instructive for other councils, thereby helping to improve their plans and implementation processes. Since hapu/iwi interests formed a key component of the research, the outcomes will help enhance their case for better consideration of their interests when dealing with local government. As well, many of the findings and recommendations relate to matters of governance and capacity building that require Government action, which until done will make it difficult for councils to achieve quality plans and implementation processes

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

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