Although the Government had originally intended to carry these agreements into the new planning system, it reversed course after a rapid surge in new agreements and sustained opposition from critics.
Mana Whakahono ā Rohe agreements establish
how iwi participate in local government decision-making under the Resource
Management Act. Critics have argued they extend iwi influence over council
planning and have resulted in financial demands tantamount to ransom.
RMA Reform Minister Chris Bishop said
councils will still be able to negotiate new iwi participation agreements under
the replacement legislation, but these will be restricted to statutory planning
processes and Treaty settlement obligations, with "clear guardrails"
written into the law to prevent them from expanding beyond their intended
purpose.
Bishop said the Government had become
increasingly concerned that some councils were rushing through new agreements
before the RMA replacement Bills were passed into law. When the replacement RMA
legislation was introduced late last year, only eight agreements were in force
(including one each in the Whangārei District Council and Far North District
Council). Since then, 14 new negotiations have begun this year alone, while
more than 20 agreements are currently being negotiated nationwide, including
six more in the Far North.
Far North District Councillor Davina Smolders
drew nationwide attention to this at the time and remains concerned that the
Minister has left the door open for councils to reincarnate Mana Whakahono ā
Rohe agreements under a different guise.
She told LETTERBOX: "The legislation
needs to be unequivocal. If the Government's objective is to remove parallel
governance structures, then it should do so clearly and completely. Local
government exists to represent the entire community through one democratic
system. Where Parliament has settled Treaty obligations through legislation,
councils should, of course, honour those legal commitments. Beyond that, I
don't believe separate partnership agreements are necessary."
Cr Smolders is reserving final judgement
until the amended Bill is released. She is unlikely to be alone.
*Mana
Whakahono ā Rohe are binding statutory agreements between an iwi/hapu and local
council that dictate how they will engage on resource management issues, such
as planning, environmental monitoring, consents, and consultation.
REFERENCES
Stuff: Government to kill iwi-council participation agreements HERE >>>