The EPA: Māori engagement in our regulatory processes Symposium 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 Taiao Leads 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 EEZ EPA 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 WhioSTOS 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.