The EPA: Māori engagement in our regulatory processesSymposium on Māori Engagement 2015

Kerry Prendergast, Board Chair, Environmental Protection Authority

Outline of presentation

The EPA’s role as New Zealand’s environmental regulator

Fulfilment of our regulatory objectives within a framework that incorporates the Treaty of Waitangi

Regulation of the environmental impact of petroleum and mineral exploration and production

Productivity Commission’s evaluation of our decision-making and engagement model

Challenges to Māori engagement and participation in our regulatory processes

Environmental Protection Authority

National environmental regulator

Decision making for: Exclusive Economic Zone RMA Nationally Significant Proposals Hazardous Substances New Organisms Emissions Trading Scheme

Our vision – to be a world-leading environmental regulator focused on delivering robust, objective decisions and ensuring compliance with rules to protect people and the environment.

Engagement with Māori

EPA has statutory obligations to Māori

Obligations met through framework which includes:

He Whetū Mārama: EPA’s Māori Strategy

Ngā Kaihautū Tikanga Taiao: Statutory Māori Advisory Committee

Te Herenga: National network

Kaupapa Kura Taiao: internal Māori Policy and Operations Group

Chief Executive Board Chair

He Whetū Mārama: Our Māori strategy

Strategic pillar: guides our organisation in carrying out statutory and other obligations to Māori

Helps ensure our policies, processes and decision-making are fully and effectively informed by Māori perspectives

Ngā Kaihautū Tikanga Taiao

Operates under EPA Act

Statutory role under Acts we administer, for example:Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act

Hazardous Substances and New Organisms Act

Provides advice and assistance to EPA from Māori perspective on policy, process and decisions

Other pillars of framework

Te Herenga Set up to improve participation of Maori under HSNO Act

Engagement now extends across full range of EPA activities

Kaupapa Kura TaiaoLeads development and management of relationships with Māori to enable participation in decision making

Support for Ngā Kaihautū and Te Herenga, decision makers and staff

EPA role under the EEZ Act

Purpose of Act is to promote the sustainable management of the natural resources of the EEZEPA is consenting authority Assessment of impacts (environment

and existing interests) Notified and non-notified processes Arms length from the government of

the day

Monitoring and enforcement (including Permitted Activities)Promoting awareness of EEZ Act

Our Exclusive Economic Zone is one of the largest in the world. It is more than 20 times the size of NZ.

Granted four marine consents OMV Whio STOS Ruru-2 and Māui-8 OMV Maari STOS Maui Offshore Facilities

Refused two applications for marine consent Trans-Tasman Resources Chatham Rock Phosphate

Issued four rulings (activities associated with platforms that existed before EEZ Act)

Compliance inspections of existing structures and seismic surveying operations

Monitoring of permitted activities

The last two years

OMV Whio STOS Ruru-2 and Māui-8

OMV Maari

STOS Māui

Effects on existing interests

Required by EEZ Act to consider effects on existing interests as well as environment

Existing interests may include:those identified through historical and contemporary Treaty of Waitangi Settlements (including the Fisheries Claim Settlement Act 1992) and customary marine title

protected customary rights granted under the Marine and Coastal Area (Takutai Moana) Act 2011

any lawfully established existing activity.

Applicants must prepare an impact assessment

Must also outline the measures it will take to avoid, remedy or mitigate those effects

Existing interests relevant to a number of stages: impact assessment, notification and decision-making

Engagement with existing interests

EPA serves copy of notice on persons whose existing interests may be affected

Applicants encouraged to engage directly with representatives of those interests

Kaupapa Kura Taiao provides advice and support on engagement with existing Māori interests

Ngā Kaihautū may provide decision-making committee with advice on appropriateness of process and any engagement undertaken

Hearing held at Pariroa Marae at Patea in April 2014 by an EEZ decision-making committee

Endorsement by Productivity Commission

Comprehensive report on regulatory institutions and practices including case study on how EPA incorporates principles of Treaty of Waitangi in its regulatory practice

EPA has “successfully built the Treaty framework into its broader decision-making framework”

All stakeholders interviewed identified EPA as standard setter with respect to incorporating Treaty principles into its decision making

“EPA has actively developed a culture that promotes with its relationships, respect, openness, honesty, fair dealing and dignity for all. In turn this has produced a strong dividend in the form of trust, a word emphasised by most stakeholders interviewed.”

Challenges to Māori engagement

Māori taking increasingly broader role in development of resources in New Zealand

Creates situation where Māori may have dual role in decision-making process eg as applicant and submitter

Placing increasing strain on capacity and capability of iwi organisations to participate in application process

Sense growing iwi frustration that less able to ensure Māori world view or concerns of their iwi have a bearing on decisions

Also creates difficulty for applicants who are required to provide us with information about the effects of their proposals on Māori

Adversarial nature of environmental decision making

EPA has so far avoided legalist and minimalist approach to Treaty principles

Productivity Commission has also acknowledged challenges we face in maintaining our approach

We favour an approach that reaches objectives through our engagement framework based on strong relationships and trust

Some of the issues we have identified may be contributing to increasingly adversarial nature of environmental decision-making processes

Can detract from provision of good quality information to decision makers and creates barriers to participation by public, including iwi, who submit on applications

Facing the challenge

Operational policies and frameworks

Promoting more ‘inquisitorial’ than ‘adversarial’ approach

Provide more opportunity for specialist advice and good quality information

Less emphasis on procedural and legal argument

Contribute to delivery of robust and objective decisions

In conclusion

Decision-making model regarded as a standard setter in Māori engagement and participation in regulatory processes

Acknowledge challenges, but EPA will strive to ensure efficient, effective and transparent management of NZ’s environment and its natural and physical resources.