New planning laws are now in place. The Ministry for Cities, Environment, Regions & Transport is publishing guidance, tools and updates on this website as the new planning system is introduced in stages.
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Māori interests
Find out how Māori interests are recognised in the new planning system, including participation, Māori land and Treaty settlement arrangements.
Overview
The new planning system sets out how Māori interests are recognised in planning and environmental decisions. Key instruments will help identify and protect Māori sites of significance and support the development and protection of Māori land.
The system also provides opportunities for Māori to participate in key planning processes, including national instruments, regional spatial plans, land use plans and natural environment plans.
Treaty settlement redress and related arrangements will be upheld in the new system, along with takutai moana and Ngā Hapū o Ngāti Porou arrangements. Statutory acknowledgements will be given effect to in both planning processes and relevant consent decisions.
Councils will also be able to enter into iwi participation agreements with iwi authorities. These agreements set out how iwi authorities participate in planning processes where required by the Planning Act or Natural Environment Act, or to give effect to Treaty settlement redress and related arrangements.
What the new planning system means for Māori
The RMA recognised Māori interests and Treaty of Waitangi obligations in several ways, including through a general Treaty clause that was not always applied consistently across the country.
The new system is intended to make it clearer how Māori interests are recognised and how the Crown meets its Treaty responsibilities.
Clearer recognition of Māori interests
The Planning Act and Natural Environment Act both include goals about Māori interests. National instruments and plans must help put these goals into practice by:
- providing for Māori participation in the development of national instruments, regional spatial plans, land use plans and natural environment plans
- identifying and protecting sites of significance to Māori, including wāhi tapu, water bodies and sites in or on the coastal marine area
- enabling the development and protection of identified Māori land.
National policy direction will set out how the Māori interests goal will be achieved.
Treaty settlements and related arrangements
Relevant Treaty settlement redress and arrangements will be upheld in the new system, as well as takutai moana and Ngā Hapū o Ngāti Porou arrangements. Statutory acknowledgements continue to apply in relevant consenting processes and planning decisions.
Councils and other decision-makers under the Acts are required to give relevant Treaty settlement redress and Ngā Hapū o Ngāti Porou arrangements the same or equivalent effect as they had under the RMA, to the greatest extent possible. The Government may issue national standards or regulations to set requirements for how this works in practice.
The Crown will also work with post-settlement governance entities and Ngā Hapū o Ngāti Porou to reach agreement on how their redress or arrangements will be given effect to in the new system. Until then, councils and other decision-makers must continue to give relevant Treaty settlement redress and related arrangements the same or equivalent effect as they had under the RMA.
Iwi participation in planning processes
The new system is designed to involve Māori early in the planning process, when important decisions are being made. This includes national instruments, and regional spatial, land use and natural environment plans.
Spatial plan committees must consult iwi authorities before publicly notifying draft regional spatial plans. Councils must consult iwi authorities when preparing natural environment and land use plans. Spatial plan committees and councils must also consider iwi management plans and statutory acknowledgements where relevant.
Spatial plan committees must include at least one member with knowledge, skills and experience of te ao Māori and Māori development. This is to help decision-makers recognise Māori interests when making long-term decisions about land use, infrastructure, natural hazards, development and environmental management.
Iwi participation agreements
Existing and initiated Mana Whakahono ā Rohe agreements will not carry over into the new system.
Mana Whakahono ā Rohe ceased to have statutory effect in relation to resource management processes, including processes under the Fast-track Approvals Act 2024, when the Planning Act and Natural Environment Act became law. Councils can instead make new, more focused iwi participation agreements with iwi authorities.
These agreements will set out how iwi authorities participate in planning processes, where required by the Planning Act or Natural Environment Act, or to give effect to Treaty settlement redress and related arrangements.
Notification of planning consent and natural resource permit applications
Councils must notify iwi, hapū and groups with statutory acknowledgements about consent and permit applications if they are affected and the application meets the legal test for notification.
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Identified Māori land and sites of significance
The new system is intended to give clearer support for the development and protection of identified Māori land.
National direction, standards and plans will also provide a more consistent approach to identifying and protecting sites of significance to Māori.
A standardised approach should give Māori landowners, iwi and hapū more certainty, while continuing to manage effects on the environment and other people.
What happens next
The new planning system will be introduced in stages. Existing RMA plans, consents and processes will continue during the transition while national instruments, regional spatial plans, land use plans and natural environment plans are prepared.
There will be opportunities for iwi authorities, hapū, Māori landowners and post-settlement governance entities to take part as these plans and instruments are developed.
The Crown will also work with post-settlement governance entities and Ngā Hapū o Ngāti Porou to agree how their redress or arrangements will be given effect in the new system.
We will add more information to this website over time, including guidance on participation opportunities, transition arrangements and how different parts of the new system will apply.
Support for iwi and hapū
We are considering how to support iwi and hapū as the new system is implemented.
This includes looking at the tools, information and support Māori may need to participate in planning in the development of national instruments, planning processes and wider implementation of the new system.
This could include training, guidance for developing or updating iwi management plans and support in other priority areas.
Decisions about what support will be provided, and how it will be delivered, are still to be made.
Getting help and providing feedback
We want to understand the information and support iwi and hapū need as the new planning system is developed and implemented.
Your feedback will help shape future guidance, support and implementation planning.
If your iwi, hapū, trust, incorporation, post-settlement governance entity or Māori land governance body has questions about the new planning system, or there are support needs you would like us to be aware of, please get in touch.
Contact us at planning@mcert.govt.nz.