Environmental Protection Authority Bill - Rahui Katene

te-pati-maori

Wed Apr 13 2011 12:00:00 GMT+1200 (New Zealand Standard Time)

Environmental Protection Authority Bill - Rahui Katene

Wednesday, 13 April 2011, 12:37 pm
Speech: The Maori Party

Second Reading; Tuesday 12 April 2011

Rahui Katene, MP for Te Tai Tonga

RAHUI KATENE (Māori Party—Te Tai Tonga)272KATENE, RAHUI15:23:01The Māori Party is pleased to speak on the second reading of the Environmental Protection Authority Bill.

As Mr Davis said, the Māori Party has not spoken on this bill at second reading, but we are taking the opportunity to do so now, and I thank the member for the invitation. We welcome any consideration of the protection and preservation of our environment, as it is in keeping with our long-held traditions and values. Any steps that actively seek to take responsibility to care for our environment are in themselves an expression of kaitiakitanga—the spiritual and cultural guardianship of Te Ao Mārama. Tangata whenua view such responsibility as an obligation and a privilege derived from whakapapa. We see then that this bill provides the opportunity to breathe life into this responsibility, elevating many of the proposals of national significance, and issues that were called in under the Resource Management Act Consultation on this bill was undertaken with Māori and iwi leaders, and advisers through Te Puni Kōkiri.

As I was advised, the key themes to emerge from Māori consultation were: that Māori representation on decision-making boards should be increased to at least two representatives, support for the establishment of a statutory Māori advisory committee, that the committee should not be seen as a substitute for local iwi engagement, and iwi had preference that the Environmental Protection Authority be established as a stand-alone Crown agent. Each of these consultation themes could, of course, warrant further analysis and debate, and we hope to do so through the Committee stage of the bill. But there are some issues that we want to raise at this reading for further consideration. As we understand it, the Environmental Protection Authority will undertake all of the functions currently performed by the Environmental Risk Management Authority under the Hazardous Substances and New Organisms Act. It will also undertake administrative and registry functions for the emissions trading sch

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eme under the Climate Change Response Act. These are weighty functions in their own right. But it might just be important to also consider the opportunity for a wider mandate to provide advice on issues such as wider environmental management, the Resource Management Act, water, and suchlike. What is unclear in this bill is precisely how the establishment of the Environmental Protection Authority will affect Māori environmental committees, advisory boards, and governance groups currently operating. We are certainly interested in participating in further discussion with the Minister for the Environment about the nature of the Crown-Māori engagement processes on natural resources within the Ministry for the Environment, and how that engagement will input into the structure of the Environmental Protection Authority.

We note too that the Local Government and Environment Committee has recommended that the Environmental Protection Authority board members not be eligible for appointment to the Māori Advisory Committee, and it has amended clause 17 in Part 2 by inserting new subclause (2A). We will be actively seeking comments from whānau, hapū, and iwi about this particular proposal We understand that the membership of the Environmental Protection Authority board will consist of six to eight members, of which at least two members are required to have knowledge and experience in the Treaty of Waitangi and tikanga Māori. The board is also required to appoint a statutory Māori advisory committee and to agree to its terms of reference. I want to note our significant support for the appointment of Anake Goodall to the Environmental Protection Authority establishment board, which the Minister announced last month. Mr Goodall has acquired a very distinguished reputation as chief executive officer o

f Te Rūnanga o Ngāi Tahu. He was chief executive officer from November 2007 until February this year when he announced he was standing down—a huge loss to Ngāi Tahu. He has 35 years experience in management and organisational leadership, with particular strengths in environmental protection and enhancement, and community capacity building. The Māori Party is very pleased with this appointment and believes that through Anake’s membership on the board there will be considerable leadership from tangata whenua in the establishment phase. We note also that establishment of the authority will not prevent Māori from having a direct relationship with the Crown on policy and other strategic matters related to natural resources.

RAHUI KATENE272 There is, of course, a complex and sophisticated policy methodology already in place, which enables early policy engagement with iwi leaders and their advisers. This has been a key plank of Māori Party policy—that we encourage the Crown and promote opportunities for Ministers to seek advice from iwi leaders and their advisers across Government policy. So we see already in place iwi advisers for fresh water from Ngāti Tūwharetoa, Waikato-Tainui, Ngāi Tahu, Te Arawa, and Whanganui. We see both technical and cultural advisers from whānau, hapū, and iwi across the resource management reforms, and in the development of the national policy statement on biodiversity. We know that there is a Māori reference group on climate change and the emissions trading scheme, including representatives from iwi from 13 regions right across the country. One of the pieces of feedback we have received is that Māori found that they were able to engage more directly with Ngā Kaihautū T

ikanga Taiao as established under the Hazardous Substances and New Organisms Act. The explanation around this is that the direct engagement appears to have been enhanced by the fact of its independence from Government. Finally, throughout all there are legislative requirements to engage with Māori or to recognise the Treaty of Waitangi under such forms as the Resource Management Act or the Climate Change Response Act. But to make it entirely clear, I advise that the Māori Party will be introducing a Supplementary Order Paper at the Committee stage that will propose to include a Treaty clause in the legislation. Mr Davis has sort of taken our thunder by asking why we have not done that; in fact, we are doing so.

RAHUI KATENE272 We believe that the number of obligations that Government has with iwi groups is likely to increase over the next few years, and it is the absolute intention of the Māori Party to continue to monitor and actively advocate for this to occur. In summary, therefore, there is already a very complex set of arrangements around which iwi have a direct relationship with the Crown on policy and other strategic matters related to natural resources. The question in our mind, however, is whether we can absolutely guarantee that this new Environmental Protection Authority Bill will improve and advance the quality of engagement currently available to iwi and Māori. The answer to this question will form the basis for our votes at subsequent stages of the bill, but for today, in recognition of the progress made to date, we are happy to support this bill at its second reading.

ends

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