Consultation with Tangata Whenua

While there is no specific obligation on the part of any applicant to consult directly with tangata whenua (people of the land), recent cases highlight the need to engage in active consultation in order to avoid serious objections and delay, particularly where a proposal may affect the matters referred to in section 6(e) (Waahi tapu/sacred places) and 7(a) (KaitiakitangaiGuardianship) of the RMA.   The Environment Court has shown some sympathy for tangata whenua where waahi tapu and other significant matters of cultural concern are at risk because of a proposed development. There are several practical steps that can be taken to minimise the potential for serious objection including: ò knowing who to contact and how to contact them; ò demonstrating empathy for the concerns of tangata whenua; ò engaging in proactive consultation, for example meeting at a time and a place that is suitable to tangata whenua, and a preparedness to meet the costs of tangata whenua etc; ò demonstrate an awareness of tangata whenua issues; being aware of the types of mechanisms that are available to remedy, avoid etc adverse effects on matters of concern to tangata whenua.