B – 5. HOW TO USE THE PLAN

5. HOW TO USE THE PLAN

TE WHAKAMAHI I TE MAHERE

5.1 Introduction

5.1.1 This section is a ‘kete maatauranga’ or ‘toolbox’ and is a companion to Sections C and D. Anything that is considered in Section C and D should first be considered under this section. As the title denotes, the ‘kete maatauranga’ or ‘toolbox’ contains chapters that provide pragmatic guidance tools in a number of areas to enable the Plan reader or user to achieve maximum results from using the Plan. There are four chapters, in addition to the introduction:

Chapter 5, Whakamahia te Mahere – how to use the Plan: a pragmatic guide to how to use the Plan whether the user is external or internal to Waikato-Tainui. This chapter also outlines the structure of the Plan.

Chapter 6, Te koorero tahi me Waikato-Tainui – consultation and engagement with Waikato-Tainui: to effectively understand, implement, and respond to this Plan will often require effective consultation and engagement with Waikato-Tainui. This section describes a general consultation and engagement process that is scaleable to suit the activity being discussed and those of Waikato-Tainui that are involved in the discussion.

Chapter 7, Te Whakapakari i Te Taiao – towards environmental enhancement: describes the enhancement approach that Waikato-Tainui adopts to the environment where resource users and activity operators actually enhance the environment in which they operate.

Chapter 8, Te Whakahaere i ngaa Paanga – managing effects: provides a Waikato-Tainui perspective on the management of effects. It should be noted that the guidance offered in the chapters in this section is necessarily high level, so will still need to be confirmed on a case-by-case basis as the context may dictate a different or amended approach.

5.1.2 Chapter 5 considers the structure of the Plan and provides a comment for Waikato-Tainui (internal) and external (non-Waikato-Tainui) users. The chapter concludes with a discussion on how best to use the Plan so that a resource user or activity operator can effectively and efficiently understand how their proposed activity aligns with Waikato-Tainui environmental perspectives and objectives. This should then enable a quality discussion on how best to address areas where a proposed activity does not align with Waikato-Tainui environmental perspectives and objectives.

5.2 Structure of the Plan

The Plan has a number of key parts as outlined below.

 5.2.1 Section A: Introduction to the Environmental Plan

(a) Overarching purpose, introduction: introduces the Plan and its overarching purpose. Highlights that the Plan is for Waikato-Tainui in the broadest sense of that definition. Gives a summary of Waikato-Tainui traditional management.

(b) Te Taha Ture – statutory recognition and planning status: sets the Plan in the context of various pieces of legislation and highlights the weight to be given the Plan, particularly in light of the Waikato River Act.

(c) Who should use this Plan: notes that the Plan is for external agencies involved in any aspect of resource management while noting that the Plan in no way substitutes for direct engagement with Waikato-Tainui kaitiaki and mana whenua in the area affected by the resource management issue. Also notes that the Plan is for Waikato-Tainui and the entities that Waikato-Tainui use, from time to time, to participate in resource management issues.

(d) How the Plan was developed: describes the history and process to develop the Plan.

5.2.2 Section B: Kete Maatauranga – Toolbox

(a) Whakamahia te Mahere – how to use the Plan: a pragmatic guide to how to use the Plan whether the user is external or internal to Waikato-Tainui. This chapter also outlines the structure of the Plan.

(b) Te koorero tahi me Waikato-Tainui – consultation and engagement with Waikato-Tainui: to effectively understand, implement, and respond to this Plan will often require effective consultation and engagement with Waikato-Tainui. This section describes a general consultation and engagement process that is scalable to suit the activity being discussed and the way in which Waikato-Tainui are involved in the discussion.

(c) Te Whakapakari i Te Taiao – towards environmental enhancement: describes the enhancement approach that Waikato-Tainui adopts to the environment where resource users and activity operators actually enhance the environment in which they operate.

(d) Te Whakahaere i ngaa hua – managing effects: provides a Waikato-Tainui perspective on the management of effects.

5.2.3 SECTION C: NGAA TAKE0, NGAA WHAINGA, NGAA KAUPAPA HERE, NGAA TIKANGA-TAIAO WHAANUI – ISSUES, OBEJECTIVES, POLICIES AND MATHODS – WAIKATO-TAINUI WIDE

(a) Introduction: this section of the Plan discusses various strategic documents that influence this Plan and provide direction on the way that Waikato-Tainui interacts with resource management, uses and activities. Each section is broken into a discussion, issues, objectives, policies and methods.

(b) Key documents discussed are:

(i) Chapter 10 – Whakatupuranga Waikato-Tainui 2050 (Tribal Strategic Plan);

(ii) Chapter 11 – Te Ture Whaimana o te awa o Waikato (the Vision and Strategy for the Waikato River); and

(iii) Chapter 12 – I riro whenua atu, me hoki whenua mai – Right of First Refusal on Crown Lands.

(c) This section also describes issues, objectives, policies and methods associated with natural resources and environmental management that apply across the Waikato-Tainui rohe. These are intended to provide guidance, based on Waikato-Tainui values and knowledge, to promote sustainable management of natural, physical, and cultural resources.

(d) Key areas discussed are:

(i) Chapter 13 – Ngaa Papakaainga me Ngaa Marae – Waikato-Tainui communities

(ii) Chapter 14 – Ngaa Mahi Tuku Iho a Waikato-Tainui – customary activities;

(iii) Chapter 15 – Ngaa taonga Maaori tuku iho me te aarai taiao – natural heritage and biosecurity;

(iv) Chapter 16 – Ngaa taonga tuku iho, ngaa waahi tapu, ngaa waahi tuupuna – valuable historical items, highly prized sites, sites of significance; and

(v) Chapter 17 – Ngaa Moorearea Ao Tuuroa – natural hazards.

(e) It is expected that resource management, uses and activities occur in a manner consistent with this section.

5.2.4 SECTION D: NGAA TAKE, NGAA WHAAINGA, NGAA KAUPAPA HERE, NGAA TIKANGA-TAIAO WHAATI – ISSUES, OBJECTIVES, POLICIES AND METHODS – SPECIFIC ENVIRONMENTAL AREAS

(a) Introduction: this section of the Plan describes issues, objectives, policies and methods associated with natural resources and environmental management in the rohe of Waikato-Tainui. These are intended to provide management guidance, based on Waikato-Tainui values and knowledge, to promote sustainable management of natural, physical, and cultural resources.

(b) This section of the Plan is divided into a number of chapters, which considers a particular element or component of natural resources and the environment. It is noted that natural resources are themselves elements that are integral to the overall environment. Chapters in this section are:

(i) Chapter 18 – Te Tiimatanga – Introduction

(ii) Chapter 19 – Te wai maaori – water

(iii) Chapter 20 – Ngaa repo – wetlands

(iv) Chapter 21 – Te whenua – land

(v) Chapter 22 – He ika – fisheries

(vi) Chapter 23 – Te ararangi – air

(vii) Chapter 24 – Te moana – coastal environment

(viii) Chapter 25 – Ngaa whakaritenga moo ngaa whenua o Waikato-Tainui – land use planning

(ix) Chapter 26 – Waihanga matua – infrastructure

(x) Chapter 27 – Whakaputa hiko – electricity generation

(xi) Chapter 28 – Keri momo takawai – mining and quarrying oil, gas, minerals

(xii) Chapter 29 – Whakangahau me te manaaki manuhiri – recreation and tourism

5.2.5 Each chapter in Sections C and D is broken into the following sections:

(a) Introduction: provides an introduction and context to the chapter. In the chapters considering Whakatupuranga 2050, Te Ture Whaimana, and Right of First Refusal this part of the chapter is quite extensive. In some cases the introduction also describes a vision or an ideal ‘state’ that Waikato-Tainui would like to see achieved for the matter under discussion.

(b) Issues: describes the issues of concern that impact or have the potential to impact on the overall health and wellbeing of the matter discussed in the chapter. Issues of concern to Waikato-Tainui may include consistency and alignment with Waikato-Tainui aspirations and strategic direction, activities, management approaches or processes that adversely impact (including direct, indirect, and cumulative impacts) on elements of natural resources and the environment and/or Waikato-Tainui taonga and values.

(c) Objectives, policies and methods:

(i) Objectives describe high level goals or direction that would minimise, manage or eliminate the issues.

(ii) Policies define the course of action to achieve the objectives in the Plan.

(iii) Methods describe specific actions that promote and support the policies. The methods in this Plan generally do not contain specific targets and measures as it is expected that best practicable option would be applied to implement a method.

(d) Implementing these policies and methods will require on-going engagement and consultation with Waikato-Tainui. Waikato-Tainui considers that cooperation and collaboration is needed between all levels of government, taangata whenua, industry, and the general public to ensure the sustainable management of the environment for future generations.

5.2.6 MAPS AND APPENDICES: relevant to the Plan are at the end of this document.

5.3 Internal Users

5.3.1 As previously noted, internal users include any, and all ‘groupings’ of Waikato-Tainui, whether whaanau, marae, hapuu, tribal authority, Maaori land trust, management committees, marae clusters, and Waikato-Tainui commercial entities such as Tainui Group Holdings. Additionally Waikato-Tainui may organise collectively, either informally or formally, to approach a specific resource use, activity, and/or planning document.

5.3.2 It is intended that this Plan provides a baseline for approaching environmental matters of importance to Waikato-Tainui. Used as intended, the Plan should lighten the workload of Waikato-Tainui kaitiaki and practitioners as external users first measure their proposed activity or resource use against components of the Plan. Discussion, consultation, and engagement can then focus on confirming the areas of alignment with the Plan and then identify the areas to work through where there is inconsistency or lack of alignment.

5.3.3 Internal users can also use this Plan to support the development of their own environmental plan, policies, processes, and methods or to complement their existing environmental plan, policies, processes, and methods.

5.4 External

5.4.1 All Crown entities, developers, organisations, local authorities, community groups and individuals that use the environment within the Waikato-Tainui rohe or the Waikato River from Port Waikato to the Huka Falls should consult this Plan when considering undertaking activities within the area. Review of this Plan by any party proposing a use of resources will help minimise potential conflicts between such use and Waikato-Tainui interests. A review will also outline Waikato-Tainui minimum expectations as it relates to a particular resource use prior to beginning the engagement and consultation process.

5.4.2 External users are an essential and critical part of the successful achievement of the objectives in this Plan with all having a part to play.

5.4.3 It is expected that external users will review the Plan, in the same way that they would a local authority planning document as part of considering any resource management, use or activity.

5.4.4 In addition, all local authorities in the Waikato-Tainui rohe should work to achieve consistency between this Plan and their own policies and plans. Generally, all entities developing policy, proposing uses, or currently using the resources in the Waikato-Tainui rohe should review such policy or use under this Plan to determine consistency and alignment with the Plan.

5.4.5 It is expected that, used as intended, this Plan should speed up any consultation and engagement process and allow for a more focused discussion to occur between Waikato-Tainui and an external user.

5.5 How to use the Plan

5.5.1 This Plan is likely to be used slightly differently depending on the user; whether the user is internal (Waikato-Tainui) or external; whether the user represents a marae, hapuu, or is a staff member of the tribal authority; whether the user represents a local authority, a government department, or is a resource user or developer.

5.5.2 This Plan provides an overarching Waikato-Tainui perspective and, within the Waikato-Tainui rohe, marae and hapuu may have different perspectives on the relative importance of components of the Plan. It is critical to understand the perspectives of hapuu and marae as it relates to specific issues and matters and effective engagement with hapuu and marae will lead to this understanding. There is simply no ‘one-size-fits-all, uniform’ Waikato-Tainui wide view of environmental matters. However, the Plan provides key guidance for external and internal users and should serve as a baseline for approaching environmental matters of importance to Waikato-Tainui.

5.5.3 Though there are broadly accepted Waikato-Tainui environmental principles, there is simply no ‘one size fits all’ approach. Chapter 6 below outlines a suggested and, in the absence of an agreed alternative, preferred consultation and engagement process to better understand specific matters related to a resource use or activity.

5.5.4 Triggers to use the Plan: will normally be in response to:

(a) A change in, or a desire to start using or managing, a natural resource within the Waikato-Tainui rohe that may impact on the Waikato-Tainui rohe;

(b) Changing or wanting to undertake an activity that may have an effect on the Waikato-Tainui rohe and the natural resources and environment within the rohe; or

c) Reviewing or developing legislation, a policy, a plan, or a similar document that could affect resource management within the Waikato-Tainui rohe.

5.5.5 The onus is on the person or entity undertaking the above activity or any other activity that could impact on natural resources or the environment in the Waikato-Tainui rohe to familiarise themselves with the Plan and how it could relate to their proposed activity.

5.5.6 The Plan is designed as a tool that should flow logically from the beginning to the end. For a focused activity (e.g. water take, building construction), there is likely to be less relevance across the whole Plan compared to a broader activity (e.g. structure plan, major roading project, wastewater treatment plant project).

5.5.7 The following discussion shows how to work through the sections of the plan.

USING THE PLAN

5.5.8 Engagement with Waikato-Tainui: you (the person or organisation using the Plan) have the option to discuss engagement options with Waikato-Tainui at any stage in the process of working through the Plan. Investment in early engagement should save time and energy in the process. However, the nature of engagement will be dependent upon the complexity and potential effects from your activity.

5.5.9 Section A – Introduction: read this section to understand the Plan, its overarching purpose, a brief background on Waikato-Tainui traditional management, and the legal status of the Plan.

5.5.10 Section B – Toolbox: as the name suggests this section provides tools to make it easier to use the Plan. You may also want to know more about:

(a) How you could engage with Waikato-Tainui to receive specific input into your proposed activity. Refer to Chapter 7 for an initial guideline.

(b) When is the best time is to engage with Waikato-Tainui and the possible nature of any engagement. Please note that it is best practice to check your thinking here with Waikato-Tainui. At each stage of the process you should be considering how you could engage with Waikato-Tainui to better understand Waikato-Tainui perspectives on your proposed activity.

(c) Waikato-Tainui focus on environmental enhancement as a step beyond sustainable development. Refer to Chapter 8.

(d) Waikato-Tainui perspectives on managing effects so that Waikato-Tainui is satisfied that the effects of your activity are managed so that, in order of hierarchy, the effects are avoided, remedied, minimised, mitigated, or balanced. Refer to Chapter 8.

5.5.11 Section C – General Waikato-Tainui environmental issues: all who use this Plan should consider their proposed activity against the objectives, policies and methods in this section. The chapters in this section apply to strategic documents, natural resources and environmental management that potentially impact across the entire Waikato-Tainui rohe. It is expected that resource management, uses and activities occur in a manner consistent with these documents and the objectives, policies and methods. It is suggested that you work through each chapter and ask:

(a) How does my proposed activity positively, negatively or have no impact on the objective(s) in this chapter?

(b) How does my proposed activity positively, negatively or have no impact on the policies in this chapter?

(c) What methods does my proposed activity align with?

(d) In areas where I think that my activity negatively impacts on an objective or policy, what might I be prepared to do to address this negative impact?

(e) Having done the above exercise, what areas of negative impacts or inconsistency with the Plan still remain?

5.5.12 Section D – specific environmental areas: the chapters that you focus on in this section will depend on the type of activity you are undertaking or propose to undertake. Once the chapters have been selected, it is suggested that you again work through each chapter and ask:

(a) How does my proposed activity positively, negatively or have no impact on the objective(s) in this chapter?

(b) How does my proposed activity positively, negatively or have no impact on the policies in this chapter?

(c) What methods does my proposed activity align with?

(d) In areas where I think that my activity negatively impacts on an objective or policy, what might I be prepared to do to address this negative impact?

(e) Having done the above exercise, what areas of negative impacts or inconsistency with the Plan still remain?

5.5.13 Write an initial report that briefly outlines the proposed activity, initial responses to the above questions for each chapter considered, initial thoughts and the type of engagement you consider appropriate for the proposed activity. This report should clearly outline areas where you think your proposed activity aligns with the Plan and areas where there is no alignment.

5.5.14 This report can then form the basis of discussion with the relevant Waikato-Tainui whaanau, marae, hapuu, iwi, or entity regarding your proposed activity.

5.5.15 Confirm who you should be discussing the report with from Waikato-Tainui (e.g. whaanau, marae, hapuu, entity, iwi authority, etc).

5.5.16 Initiate or continue (if you have already started) the engagement process so that you receive a Waikato-Tainui response to your proposed activity using this Plan as a basis for the discussion.