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Resource Consents
~ Ngā whakaaetanga rawa taiao

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Who to talk to about your consent application

Why you may need to talk to someone

Consents vary in complexity and there are only a few instances where you must consult with specific parties.  In applying for most consents (for water takes, discharges etc) there is no requirement to consult. However we recommend you to talk with people who may be affected by your work, ie neighbours, groups such as the Department of Conservation, Fish and Game, tangata whenua or affected members of the public when preparing your application as there can be benefits.

When HBRC considers a resource application we consider

  • the effect on the environment
  • how the activity will affect other people’s values, use and enjoyment of the environment.

Most of the resource consent applications HBRC receives do not have significant adverse effects and applicants are not required to consult with other people.  These applications are able to be processed on a ‘non-notified’ basis. 

However, if HBRC staff consider there are people who are adversely affected, the application will follow a ‘limited notification’ process, unless the affected people provide their written approval.

Where the impacts on the environment will be more than minor and the wider public will be affected, the application will follow a ‘publicnotification’ process and will be advertised in newspapers and on HBRC’s website.

We recommend that, even if you expect that your application will be processed as a non-notified application, you talk with people who may be affected by your application.

When applying for resource consent for activities in the coastal and marine area, there are cases you are required to consult with Customary Marine Title applicant groups before lodging your resource consent application.

General consultation

Landowners/ Neighbours
The owners and occupiers of either the land the activity will occur on or on neighbouring land may have views on any activities that could affect their use of or access to natural resources. For example as new bores and groundwater takes may affect their existing water supply, or discharges to land, air or water could affect their home or workplace.  They may also have more knowledge, so it is useful to talk with landowners and neighbours.

Tangata Whenua including our Treaty Partners
The impact of proposed activities on the relationship of Māori with the environment will be considered through the resource consent process.  Maori have a strong cultural and spiritual connection to the land, water, air and the sea through generations of historical links to an area and it is part of their cultural identity.  It may be useful to talk to appropriate people before lodging your application. You can see who some of these groups might be by using HBRC’s online mapping tool Pataka.

Organisations or Authorities
You may need to contact organisations for advice or permissions.

  • Local Councils –for any building consents and other permissions.
  • Department of Conservation – for activities that may affect the habitat native flora and fauna and/or create barriers to fish migration, such as culverts in streams, discharges and riparian vegetation clearance.
  • Fish & Game – for activities that will degrade or remove large areas of habitat and/or create significant barriers to migration of sport fish in popular fishing rivers.
  • Heritage New Zealand - Pouhere Taonga - where there is possible disturbance to an archaeological site. There is not a single complete register of this information in one place but you can check the Heritage NZ- Pouhere Taonga website, District/City Plans, HBRC records of significant sites and Treaty Claims lists of significant sites. 
  • Hawke’s Bay District Health Board, Public Health Unit – for activities that could adversely affect public health, such as discharges to water that might impact the quality of drinking water supply

Engaging with Tangata Whenua

Use and development of a natural and physical resource that has the potential to cause negative effects on the environment and cultural traditions can have adverse effects upon the values held by tangata whenua, and impact upon their cultural, social and economic well-being.

Talking over your proposed activity with Māori and learning of their concerns will assist in your application process.  Tangata whenua can be contacted through various entities, including (but not limited to) marae committees and Treaty Partner entities.

Māori who have long-standing connections to natural and physical resources (such as springs, streams, rivers) within a particular area and hold cultural authority and responsibilities in that area are tangata whenua for that area. Māori have an inherit responsibility as kaitiaki to protect the environment within their rohe (tribal territory) over which they hold mana whenua, mana wai and mana moana (tribal authority and responsibilities over land, water and the sea resources). 

Examples of Proposals tangata whenua are interested in

  • discharges of human waste or other effluent (e.g. from industrial sites) to water or to land where it may enter water,
  • discharges of contaminants to surface water and groundwater,
  • groundwater takes affecting puna (springs),
  • groundwater and surface water takes affecting flows in waterways where the allocation is approaching or exceeds allocation limits,
  • activities that may disturb waahi tapu areas,
  • diversion of water from one waterway to another
  • activities in the coastal marine area.

Marae Contacts
Tangata whenua can include more than one hapu (sub-tribe) and marae depending on the area that is affected by your application.  Identifying who tangata whenua are can be challenging. 

You can find which marae are close to your activity using HBRC’s online mapping tool Pataka . Note that Pataka only provides an indication of who tangata whenua may be, and there may be other marae and hapu you should consult with. Please contact HBRC’s consents team for assistance.  

Our Treaty Partners & Areas of Interest

You may also contact our Treaty Partners if your activity is within the ‘Area of Interest’ of these groups and your application may affect their values, particularly in relation to statutory areas (see below).

HBRC’s Treaty Partners are groups of iwi, hapū and marae who have Treaty of Waitangi claims over an area that is partly or wholly within the Hawke’s Bay region.  Note that Treaty settlement entities may not have a mandate to make all decisions relating to resource management on behalf of tangata whenua.

Maungaharuru-Tangitū Trust

 

 

 

 

Activities within, adjacent to or directly affecting Statutory Areas 

Te Rūnanga o Ngāti Whare Trust

Te Rūnanga o Ngāti Manawa Trust

Te Kōpere o te iwi o Hineuru Trust

Rongowhakaata Settlement Trust

Tāmanuhiri Tutu Poroporo Trust

Ngāti Pāhauwera Development Trust

Activities within, adjacent to or directly affecting the relevant part of the Earthquake Slip Marginal Strip 

Maungaharuru-Tangitū Hapu

Modification or construction of structure in, on or attachment of a structure to the bed of lakes Opouahi, Orakai, Tutira or Waikopiro

Ngāti Pāhauwera Tiaki Trust

Modification or construction of structure in, on or attachment of a structure to the bed of lakes Rotongaio or Rotoroa 

Te Rūnanga o Ngāti Whare Trust

Activities that could affect the habitat of short-finned and long-finned eels or tuna (anguilla dieffenbachia and anguilla australis) in the Rangitaiki, Whirinaki, Wheao or the Horomanga Rivers.

Te Rūnanga o Ngāti Manawa Trust

Treaty Partners’ Websites

The ‘Area of Interest’ is the area within which the Crown negotiates Treaty of Waitangi claims with iwi and hapū. They are not all shown on Pataka yet. 

You can find maps of the Areas of Interest on the following websites.

Statutory Areas in Hawke’s Bay

Statutory areas have been recognised by the Crown through Treaty of Waitangi claim settlements as areas with which iwi and hapū have particular cultural, spiritual, historical and traditional associations. 

Statutory areas are only over areas of land, geographic features, lakes, rivers, wetlands and coastal areas that are Crown land.  However activities carried out on private properties can have effects on statutory areas beyond the property boundary (eg, a discharge from private land that many affect a river that is a statutory area).

As part of the Treaty settlement process, the Crown has provided an opportunity for the iwi or hapū claimant group to have special input into resource consent processes where the activity is within, adjacent to, or directly affecting a statutory area. In Hawke’s Bay these are -

HBRC must provide a summary of any resource consent application for an activity that is within, adjacent to, or directly affecting a statutory area to the relevant trustees. You may prefer to contact the relevant Trust and seek the views of the trustees beforehand. HBRC consents team can advise you on the contact details.

*Note: The statutory acknowledgement areas of the above groups are attached to the Hawke’s Bay Regional Resource Management Plan (RRMP) in Schedule 1A along with the statements of association. These statements of association explain the cultural, spiritual, historical, and traditional association of the iwi or hapū group with the statutory acknowledgement area.  Other statutory acknowledgement areas will be implemented in Treaty claim legislation in the future. HBRC will add the statements of association for these to the RRMP as soon as possible after the claim legislation is completed.

Structures in Lakes

The beds or parts of the beds of the following lakes have been vested in new owners under Treaty claim settlements, and requirements are included in treaty claims legislation. Before any modification or construction of a structure can be permitted in these lakes, you may need written approval from the appropriate owner (regardless of whether you need a a resource consent or not).  You may wish to contact these owners and/or seek legal advice.

 

Lakes

Legislation

Owner

Lake Opouahi, Lake Orakai, Lake Tutira and Lake Waikopiro

Maungaharuru-Tangitū Hapū Claims Settlement Act 2014

Maungaharuru-Tangitu Hapu

Lake Rotongaio and Lake Rotoroa

Ngāti Pāhauwera Treaty Claims Settlement Act 2012

Ngāti Pāhauwera Tiaki Trust

 

Coastal Marine Area Applications

A resource consent is required for some activities in coastal areas and the coastal marine area.  Sometimes seeking the views of Customary Marine Title applicant groups prior to lodging your application for a resource consent is a legal requirement under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA Act). 

All of the coast has customary significance to iwi, hapū and whānau.  The Marine and Coastal Area (Takutai Moana) Act 2011 (MACA Act) restores the right of iwi, hapu and whanau to have their customary rights recognised in specific parts of the Common Marine and Coastal Area (CMCA), through “Customary Marine Titles” (CMTs) and “Protected Customary Rights” (PCRs).  See the Ministry of Justice website for a short explanatory video of the MACA Act and what recognition of these customary rights provides for.

Customary Marine Title (CMT) applicant groups are iwi/hapu/whanau groups that have lodged an application for a CMT under the MACA Act. Protected Customary Rights applicant groups are iwi/hapu/whanau groups that have lodged an application for PCR under the MACA Act.

Currently no CMTs or PCRs have been granted in the Common Marine and Coastal Area adjacent to the Hawke’s Bay region, but a number of CMT and PCR applications have been lodged along the coastal and marine area.  For example, Ngāti Pāhauwera Development and Tiaki Trusts have applied for a CMT and PCR in the common marine and coastal area between Ponui Stream and Esk River, Hawke's Bay.

A map of the Customary Marine Title and Protected Customary Rights application areas (both with active and non-active statuses) relating to Hawke’s Bay is available on Pataka.  The status of an application can be found on Pataka in the Information panel (next to ‘CMT App St’ and ‘PCR App St’).  The active CMT and PCR applications are described on the Ministry of Justice website

Advisory note: HBRC aims to keep Pataka information up to date.  You can also contact the Council’s consents team to confirm which applications are active or contact the Ministry of Justice Marine and Coastal Area team at maca@justice.govt.nz.

What does this mean for resource consent applicants?

If your application for a resource consent is partly or wholly within an area that is subject to a Customary Marine Title application area that is ‘active’, then -

  • before you lodge your resource consent application you must notify the CMT applicant group and seek the views of that group on your resource consent application
  • when you lodge your resource consent application,you must include a summary of the views of the CMT group and any outcomes of that consultation.

If the CMT application is not active, you do not have to follow these steps although HBRC strongly encourages you to do so.  

Any resource consent application that has not followed the required consultation step will not be accepted by HBRC.  The views of the CMT applicant group are relevant to HBRC’s assessment of the environmental effects of your proposed activity. 

Resource consent applicants do not have to notify and seek the views of Protected Customary Rights applicant groups but Hawke’s Bay Regional Council encourages resource consent applicants to do so. This will provide information to assist with the processing of your resource consent application. 

Common Marine and Coastal Area

These definitions can confuse as the Common Marine and Coastal Area (CMCA) is slightly different to the Coastal Marine Area (CMA). 

The common marine and coastal area (CMCA) is the area between the line of mean high water springs (the ‘wet’ part of the beach covered by the ebb and flow of the tide) and the outer limits of the territorial sea (12 nautical miles from shore). It includes the air space and water space above the land, the subsoil, and bedrock but excludes existing private titles, the bed of Te Whaanga Lagoon in the Chatham Islands and certain conservation areas.

Where the line of MHWS crosses a river, the landward boundary is the same as the boundary of the CMA under the Resource Management Act 1991. Where that line crosses a river, the landward boundary is whichever is the lesser of the point 1km upstream from the mouth of the river or the point upstream that is calculated by multiplying the width of the river mouth x 5. 

Under the MACA Act, the CMCA cannot be owned by anyone, cannot be sold and the public cannot be excluded from the CMCA (with exceptions of accessing some waahi tapu areas).

Further information

The Ministry of Justice website has more about Customary Marine Titles and Protected Customary Rights.

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