Resource Management Changes in New Zealand: What Iwi and Hapū Need to Know

New Zealand's resource management system is undergoing significant change, creating important considerations for iwi, hapū, councils and communities involved in environmental and planning decisions.

For iwi and hapū, understanding how these reforms may affect existing participation arrangements is particularly important. Changes to the framework could influence how Māori participate in planning processes, engage with local authorities and ensure relevant Treaty settlement obligations are recognised.

A Changing Resource Management System

For decades, the Resource Management Act 1991 (RMA) has provided the main legislative framework for managing New Zealand's natural and physical resources.

As the Government progresses reforms to replace the RMA, councils, businesses, landowners, iwi and hapū will need to understand how the new framework affects their responsibilities and existing arrangements.

One area undergoing change is the way iwi and hapū participate in resource management processes.

What Are Mana Whakahono ā Rohe Agreements?

Mana Whakahono ā Rohe agreements were introduced in 2017 as a mechanism for iwi authorities and local authorities to establish formal arrangements for working together on resource management matters.

These agreements can address matters such as participation in planning processes, information sharing, consultation and how relevant Treaty of Waitangi settlement obligations are given effect.

For iwi, hapū and councils with these arrangements in place, they can provide greater clarity around how parties engage with one another on resource management issues.

However, the move to a new resource management system means the future of these agreements is changing.

What Is Changing?

Under the proposed reforms, existing and initiated Mana Whakahono ā Rohe agreements are not expected to automatically transfer into the replacement resource management framework.

Instead, councils will be able to negotiate new iwi participation agreements with iwi and hapū.

These proposed arrangements are expected to have a narrower scope, focusing primarily on participation in statutory planning processes and giving effect to relevant Treaty settlement redress.

For organisations currently operating under Mana Whakahono ā Rohe arrangements, this means existing processes should not simply be assumed to continue unchanged.

Why Early Engagement Matters

Changes to established participation arrangements can create uncertainty for everyone involved.

Iwi and hapū may want to begin discussions with their local council about how existing arrangements could be affected and what future participation could look like.

Similarly, councils should consider reviewing their current agreements and relationships with iwi and hapū rather than waiting until the new system is fully implemented.

Early conversations can help identify important issues, preserve productive working relationships and provide more time to prepare for future requirements.

Reviewing Existing Agreements

For iwi and hapū with an existing or initiated Mana Whakahono ā Rohe agreement, reviewing the current arrangement can be a useful starting point.

Consider what aspects of the agreement have worked effectively, what commitments are particularly important and which processes may need to be addressed under a future iwi participation agreement.

This may include reviewing arrangements relating to consultation, information sharing, planning processes and Treaty settlement obligations.

Understanding these priorities can help iwi and hapū approach future discussions with councils from a more informed position.

The Importance of Specialist Legal Advice

Resource management reform involves complex interactions between environmental legislation, local government processes, Māori legal interests and Treaty settlement arrangements.

The implications can also differ significantly depending on the circumstances of an individual iwi, hapū, council or existing agreement.

Seeking specialist advice can therefore be valuable when reviewing current arrangements or preparing for changes under the new system.

For a more detailed explanation of the proposed changes, McCaw Lewis provides guidance on Mana Whakahono ā Rohe agreements and what iwi and hapū need to know as New Zealand transitions to the replacement resource management framework.

Preparing for the Transition

Although further detail about how the new arrangements will operate in practice is still developing, organisations do not necessarily need to wait before preparing.

Reviewing existing agreements, identifying important commitments, maintaining communication between iwi, hapū and councils, and understanding the proposed framework can all help make the transition more manageable.

For iwi and hapū in particular, being prepared can help ensure their priorities are clearly understood as new participation arrangements are developed.

As New Zealand's resource management framework evolves, staying informed and engaging early will be important for maintaining effective relationships and navigating the changes ahead.

This article provides general information only and does not constitute legal advice. Specific legal advice should be sought for individual circumstances.