Appendix 1
RMA Provisions that Recognise Māori Interests in Natural Resources (MfE, Feb 2000)
48
Part
Section
Provision
Part II: Purpose and Principles
s 5 (2)
• “sustainable management” means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety.
s 6 (e)
• In achieving the purpose of the RMA, all persons exercising functions and powers under it in relation to managing the use, development and protection of natural and physical resources … shall recognise and provide for the following matters of national importance… the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga.
s 7 (a), (e)
• In achieving the purpose of the RMA, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural physical resources, shall have particular regard to kaitiakitanga and the heritage value of sites.
s8
• In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)
Part III: Duties and Restrictions under this act
S 14 (3) (c)
• Restrictions relating to water: A person is not prohibited by subsection (1) of this section from taking, using, damming, or diverting any water, heat, or energy if in the case of geothermal water unless the water, heat or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area does not have an adverse effect on the environment
Part IV: Functions, Powers, and Duties of Central and Local Government
s331 (1), (2)
• A local authority that has functions, powers, or duties under the RMA may transfer any one or more of those functions, powers, or duties to another public authority in accordance with this section. For the purposes of this section, “public authority’ includes any iwi authority • A local authority may not transfer the approval of a policy statement or plan or any Government changes to a policy statement or plan; the issuing of, or the making of a recommendation on, a requirement for a designation or a heritage order under Part VIII; or this power of transfer
