12 Huitanguru 2024 Hon. Chris Bishop Minister Responsible for RMA Reform BY EMAIL Tēnā koe e te Minita, Fast-track consenting bill – Position statement 1. This letter provides a response to your letters dated 13 December 2023 and 31 January 2024 regarding the development of the Fast-track consenting bill. It provides a general position on the matter, including comments on: a. Te Tiriti b. Ngāruahine experience through the Covid fast track Act c. Ngāruahine rohe and regional economic growth d. Tupua te Mauri, protection of our taiao e. Good faith consultation Te Tiriti 2. Te Korowai o Ngāruahine Trust (Te Korowai) is the Post Settlement Governance Entity (PSGE) for Ngāruahine Iwi. Te Korowai has responsibility of managing and growing the Ngāruahine treaty settlement assets – for the benefit of Ngāruahine uri, whānau, hapū and Iwi. Te Korowai also has the responsibility of ensuring an enduring settlement and that Te Tiriti rights of Ngāruahine are upheld. 3. Te Korowai does not have any political affiliations and we will work alongside any government to progress the interests of Ngāruahine. Equally, we have the responsibility of challenging any statutory reforms and policies that conflict with the interests of Ngāruahine. 4. This position statement outlines the general view of Te Korowai as informed by our purpose, strategy and policies – which can be found at can be found on our website www.ngaruahine.iwi.nz Ngāruahine experience through the Covid fast track Act 5. As outlined in Para 3, we do not have political affiliations and we were highly critical of the previous Labour led Government and their Covid health response and COVID-19 147 High Street, Te Hāwera, 4610 PO Box 474, Te Hāwera, Taranaki 4640 06 278 7411 www.ngaruahine.iwi.nz
Recovery (Fast-track Consenting) Act 2020. As outlined to the Hon. David Parker, Minister for the Environment at the time: “The limitations on timeframes across the process has negatively impacted our ability to engage meaningfully and adequately, with our Hapū and with the process. Te Korowai concerns regarding the process were raised in the cultural impact assessment, the submission to the Expert Consenting Panel (Panel), and more recently, in our request to the Panel to extend the timeframe – which was declined by the Panel Chair. The fast-track process, as per the COVID-19 Recovery (Fast-track Consenting) Act 2020, is designed to support the recovery of New Zealand from the economic impacts of COVID-19. It does this by accelerating the consent process for infrastructure and development projects. The process is, in effect, a direct assault on the rights negotiated in the Ngāruahine Claims Settlement Act 2016 and the yet to be completed Taranaki Maunga Settlement. Te Korowai o Ngāruahine Trust has a responsibility to ensure that it advances the economic, social, cultural, and environmental wellbeing of Ngāruahine. The fast-track process prevented us from doing this. The recent positive Covid-19 cases in Stratford has meant our Iwi, hapū and whānau focus and resources were shifted to actively leading the health response in Stratford. Our leading role in the response is due to the poor capability and capacity of the Government’s health system. Ironically, the Government’s Covid response from an economic (COVID-19 Recovery Act 2020) and a health perspective has disadvantaged Ngāruahine. The impact of the short turnaround times means that Te Korowai and our Hapū are not able to engage with the process.” 6. We had a negative experience of the Covid fast-track process, which included: a. a truncated time period to assess a large complex project; b. the drip feeding of various versions of documents, making it difficult to assess the specialist advice and any special factors against each other; c. a ‘pro-active’ swarm of engagement from industry that have a panache for postering, but no constructive approach to consultation; d. facing the above whilst engaging with Hapū, ensuring they understand the project and each other’s views; and e. all while ensuring we provide solutions to inadequate Government services. 7. As a PSGE, we received a Treaty settlement regarding historical iwi grievances. We did not receive the settlement to support the administration of resource consents. There is no benefit for iwi in assessing and participating in the resource consent process, it is resource intensive, but we do it as an inter-generational risk management exercise Ensuring protection of our taiao for our tamariki mokopuna.
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Ngāruahine rohe and regional economic growth 8. Te Korowai has an ambitious Impact investment strategy. This strategy outlines the priority sectors for investment over the next five years, including: a. Tourism and hospitality i. A boutique lodge on Maunga Taranaki due to open Q3 2024 b. Housing i. A business case for 76 mixed-housing development, six papakāinga feasibility studies, and support for a Hapū based trades training programme. c. Hapū partnerships and whenua utilisation i. Six Hapū special purpose vehicles (SPV) to hold and develop deferred selection properties (DSP) ii. A circulating fund to support the acquisition of further assets and their development by the Hapū SPV d. Infrastructure i. An Iwi owned and developed civic development in partnership with Local council e. Energy sovereignty i. Initial market research and development for an energy sovereignty strategy 9.
We are supportive of regional development generally. However, we are sceptical regarding the economic benefits that are proclaimed by industry, how this is measured and how this is assessed by Government. Our Ngāruahine rohe was promised a lot from the dairy and from oil and gas industries – with marginal economic benefits to our rohe. Instead, we have irreparable damage to our whenua and further alienation of our whenua.
10. Te Korowai, like many PSGE, is now able to target impact investments into our rohe. There needs to be consideration surrounding the opportunity cost of large projects and how they may restrict productive or diversified developments in the area – particularly Iwi or Hapū led developments. Tupua te Mauri – protection of our taiao 11. Under our kaitiaki plan 'Te Uru Taiao' Te Korowai has several requirements as part of the resource consent process, including: a. “Kāwanatanga and Rangatiratanga are respected and acknowledged as mutually valid and legitimate institutions underpinning the use, development, and protection of natural and physical resources. b. Te Korowai supports the development of local government policies and rules that halt the degradation of both biodiversity and the mauri of the Taiao. c. We acknowledge existing issues in the taiao around the consenting process, where residential and commercial development continue to modify our rohe severely affecting the ability of Ngāruahine Uri to exercise kaitiakitanga, particularly where 3
our rights and interests are not adequately recognised or provided for in environmental decision-making processes. Remaining sites of significance may be compromised or destroyed, and each new development places more pressure on our freshwater resource. d. For adequate engagement to take place in order to uphold the kaitiaki roles of Ngāruahine Uri, any engagement should be timely, informed, clear, constructive and genuine. A fast-track process will not allow for this to occur. e. We are aware and supportive of the need to move away from fossil fuels and reduce our impacts on the air and atmosphere. We are also aware that government legislation, policy and strategy has historically been mobilised to dispossess Hapū and Iwi of their rights and interests as in the breach of Article 2 of Te Tiriti o Waitangi. f.
Positive, constructive and meaningful engagement develops from trust and reciprocity and is the basis of any relationship. We expect no surprises and will not offer any. Developers are encouraged to provide all proposal information up front and prior to initiating the engagement process. “
12. We are concerned that ‘fast-tracking’ will be achieved by removing protection mechanisms, compromising Marine and Coastal Area customary interests, and limiting consultation with Iwi. Good faith consultation 13. Consultation on a Bill that will have significant impacts on iwi, without sharing the details of the Bill, is not acting in good faith. We are concerned by the consultation to date, including receipt of: a. A letter dated 30 January 2024 outlining a 12 February 2024 deadline for consultation on the Fast-track consenting Bill. b. A request to meet with a Ministry for the Environment lead on 18 January 2024 regarding the Fast-track consenting Bill. We met today – the consultation cut off date. c. A bulk email invitation to iwi dated 5 February. We met today – the consultation cut off date. 14. Most concerning was the lack of analysis and advice completed by or shared by Government officials who attended the hui today. This does not give us confidence that the benefits and risks are well understood, and that there is rigour in the process.
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15. We are supportive of regional economic development, however, not at the disadvantage of our Iwi. We welcome a more informed and nuanced discussion surrounding the improvement of the resource consent process, including any fast-track mechanism. Pai Mārire,
Emma Gardiner Pouwhakarae Te Korowai o Ngāruahine Trust Cc’ Te Aorangi Dillon Cc’ List of attendees invited to today’s hui
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