CULTURAL IMPACT ASSESSMENT Rationale, Process & Agenda

4 December 2010, Harataunga Marae

Treaty of Waitangi

Rights

exist as a people self-determination

civil, political, social, economic equity

religion, customs and

freedom to choose religion

Principles

Protection

Participation

Partnership

Resource Management Act

“the relationship of Māori and their culture and their traditions …” [are of national importance] (TDP, s110:6(e))

“… particular regard to … kaitiakitanga” (TDP,s110:7(a))

“… shall take into account the principles of the Treaty of Waitangi (TDP, s110:8)

27 RMA clauses recognise Māori interests (Bell, Lomax & Payne, 2002)

Local Government Act, 2002“establish and maintain processes … for Māori

to contribute to decision-making …”

“…foster the development of Māori capacity to contribute to the decision-making processes”

“ … provide relevant information to Māori for the purposes of (above) ..”

“a local authority must ensure that it has in place processes for consulting with Māori (in accordance with the Principles of Consultation)”

NZ Action Plan for Human Rights, 2010

the right to freedom from discrimination on the grounds of race, colour or ethnic or national origins

the right to the equal enjoyment of civil, political, economic, social, and cultural rights

the right of Indigenous peoples to self-determination and the protection of their language, culture, heritage, and relationship to the environment

the right to enjoy one's culture and to use one's own language the right to freedom of religion and belief

Key Action: Improve Māori participation/representation in Local Government decision-making

TCDC District Plan “to protect the (Māori) heritage resources … and develop

a positive relationship with Māori…”(s153, para 3)

“the relationship of Māori and their culture and traditions ..and other taonga must be strengthened” (s204, para 2)

particular regard for kaitiakitanga … take into account the principles of ToW ... to act reasonably and in good faith … to recognise and provide for Māori use of their resources … to actively protect taonga (s215, para 2-4)

greater awareness and understanding ... to promote effective consultation and communication .. to recognise the values of tangata whenua involved in all resource consents (s215.4, para 1-3)

Other Statutes/Conventions/Declarations that highlight the need for LGAs to establish good processes for assessing the cultural impact of developments on Indigenous people

•NZ Health & Disability Act

•NZ Primary Health Strategy

•NZ Māori Health Strategy

•NZ Bill of Rights

•NZ Human Rights Act

•Universal Declaration of Human Rights

•International Convenant on Civil & Political Rights

•International Covenant on Economic, Social & Cultural Rights

•United Nations Declaration on the Rights of Indigenous People

•Indigenous Children & Youth Convention on the Rights of the Child

•Indigenous People & the Environment

Objectives to pilot a tool that will help LGA’s to assess and

understand the cultural impact of developments for Māori (within the context of RMA decisions)

to assess the cultural impact of sub-division in

Harataunga from a tangata whenua perspective

to consider the specific cultural impact of 3 sub-divisions that have already been approved for development in Harataunga

Hypothesis

Waiora is Māori construct of wellbeing

A Māori construct of wellbeing will provide an acceptable framework/starting place for tangata whenua discussions about the cultural impacts of sub-division

Design introduce the waiora model as a framework and tool for

assessing the cultural impact of sub-division invite tangata whenua/whānau Māori to take part in an

assessment process

compare tangata whenua scores against those obtained from an independent panel of people (preferably involved in LGA/RMA decision-making about Māori RMA issues)

produce a report on the pilot outcomes with discussion about possible strategies to minimise potential impacts/mitigate negative effects (if relevant)

send copies to TCDC, LGAs, Govt Depts, Whānau, others