Iwi status limited in RMA rejig

By KEVIN TAYLOR

Maori will have no special status at council consent hearings under changes the Government is planning to the Resource Management Act.

A briefing paper to Cabinet ministers lists proposals that include clarifying that Maori have "no special status" at consent hearings and should be consulted just like anybody else.

Other proposals include strengthening the powers of council hearing panels, including giving them the ability to strike out frivolous, vexatious or irrelevant submissions.

The move on the status of iwi signals the Government wants to end politically damaging perceptions that Maori have been treated differently under the 13-year-old law.

The proposals may help to placate business concerns about the act, but Forest and Bird, which obtained the paper, said they were a "radical attempt by officials" to weaken environmental safeguards.

Conservation manager Kevin Hackwell said the proposals "put barriers in front of environmental, community and iwi defenders of the public interest".

"Every conservation, environment and residents' organisation and iwi should take note."

He said Forest and Bird had failed to obtain under the Official Information Act another paper on "national interest" changes to the law, prompting concern that worse was to come.

The act has been constantly maligned by business and opposition parties for allowing Maori to extract benefits from developers in exchange for dropping objections to projects.

In his January Orewa speech, National Party leader Don Brash attacked references to the Treaty of Waitangi in various laws, including the RMA.

The review of the act was revealed in March when it came under fire from state-owned Meridian Energy after the company axed its $1.2 billion Aqua power project in the Waitaki Valley.

Since then the Government has said it is considering writing a national interest clause into the act's purpose and principles, and giving councils the ability to refer major projects to a national committee or board for consideration.

Those suggestions have already sparked environmentalists' fears of a return to the days of "Think Big" developments, and the new paper is likely to heighten those fears.

The paper says that in addition to clarifying that iwi have no special status at consent hearings, it should be clear the law imposes no particular obligation on the Crown to consult tribes.

New obligations are also planned that would require councils to keep a register of iwi authorities and their rohe (area) and contact details.

The paper says the thrust of the iwi proposals is to provide greater certainty on when iwi should be consulted, which iwi should be approached, and how.

The main obligation to consult should be when councils are developing plans and rules, the paper says.

"But when it comes to consents, iwi would be treated like any other potentially affected party."

National MP Nick Smith said he was mystified by the proposals as they appeared to be the exact opposite of the beefed-up RMA powers being given to Maori in the Foreshore and Seabed Bill.

He said the present RMA conferred no special rights on iwi at consent hearings.

But the wording of the purpose and principles section - which cites the treaty and other Maori issues such as waahi tapu - had been interpreted as meaning applicants should consult Maori like any other person potentially affected.

Dr Smith said requiring councils to keep iwi and rohe registers indicated the Government was planning to heap more requirements on them.

"It's going to give Maori even more leverage with respect to the development of rules."

Planned changes

* Iwi will have no special status at council consent hearings and should be consulted just like anyone else.

* Iwi consultation will improve by requiring councils to keep a register of iwi authorities and their rohe.

* Improved decision-making by councils and Environment Court, including giving council hearing panels the power to strike out vexatious, frivolous or irrelevant submissions.

* Better expression of the national interest.

* Allow councils to refer major projects to a national board of inquiry or committee to decide.

* Make greater use of streamlined national policy statements and national environmental standards.