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Extract from Minerals Programme for Northland

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					  EXTRACTS FROM MINERALS PROGRAMME FOR MINERALS (EXCLUDING PETROLEUM)
                           (1 FEBRUARY 2008)

                  REGARD TO THE TREATY OF WAITANGI
      CONSULTATIVE PROCEDURE FOR COMPETITIVE TENDER ALLOCATION


5.3     Consultation with iwi and hapu
(1)     The Minister will ordinarily ensure that iwi and hapu that he or she considers will or
        may be affected by a proposal to designate land for the possible allocation of
        permits by competitive tender are consulted.


(2)     Iwi and hapu that are consulted under subclause (1) may, as the case may require,
        request -
        (a)   an amendment to the proposed competitive tender; or
        (b)   that land is excluded from a competitive tender.


(3)     If, under subclause (2), iwi and hapu request that the Minister exclude land from a
        competitive tender, the Minister will ordinarily consider the following matters:
        (a)   the particular importance of the land to the mana of iwi and hapu:
        (b)   whether the land is a known waahi tapu site:
        (c)   the uniqueness of the land (for example, whether the land is mahinga kai
              (food gathering area) or waka tauranga (a landing place of the ancestral
              canoes)):
        (d)   whether the importance of the land to iwi and hapu has already been
              demonstrated (for example, by Treaty claims or Treaty settlements resulting
              in a statutory acknowledgment or other redress instrument under settlement
              legislation):
        (e)   any relevant Treaty claims or settlements:
        (f)   whether granting a permit over the land or the particular minerals would
              impede the progress of redress of any Treaty claims:
        (g)   any iwi management plans that specifically exclude the land from certain
              activities:
        (h)   the ownership of the land:
        (i)   whether the area is already protected under an enactment (for example, the
              Resource Management Act 1991, the Conservation Act 1987, or the Historic
              Places Act 1993):
        (j)   the size of the land and the value or potential value of the relevant mineral
              resources if the land is excluded.


(4)     Before determining a competitive tender, it is the policy that the Minister will -


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        (a)   consider the report arising out of the consultation with iwi and hapu (see
              clause 6 of Schedule 4); and
        (b)   have regard to any Treaty claims that are before government or the Waitangi
              Tribunal which may have implications for the management of Crown owned
              minerals.


(5)     The Minister will ordinarily ensure that iwi and hapu consulted under subclause (1)
        are informed in writing of the Minister’s decision concerning the competitive tender.


Schedule 4 - Part 2 Special Consultative Procedure


3       Notification of proposal to hold competitive tender allocation
(1)      The Secretary must give affected iwi and hapu notice in writing of every proposal
         to designate an area for the possible allocation of permits by competitive tender
         and must provide the following information:
         (a) the details of the proposal, including a map of the area under consideration:
         (b) the types of activities that may take place should a permit be allocated:
         (c) the proposed timing of the competitive tender:
         (d) any proposed conditions of the offer.
(2)      Iwi and hapu will have 20 working days to comment on the proposal.
(3)      Iwi and hapu may, upon making a request in writing, and at the Secretary’s
         discretion, be granted up to 20 additional working days for making comments.


5       Form of consultation with iwi and hapu may be flexible
(1)     Subject to any protocols that apply to the consultation concerned, the form of the
        consultation process is flexible.
(2)     If iwi and hapu and the Crown think it appropriate, there may be face to face
        (kanohi ki te kanohi) consultation or the holding of a hui.
(3)     If relevant iwi and hapu have an organisation established to foster consultation
        processes, the Secretary would be pleased to work with it.


6       Report to Minister on consultation with iwi and hapu
        The Secretary must report to the Minister on every consultation with iwi and hapu.1




1
 Taken from pages 19,20,44 & 45 of the Minerals Programme for Minerals (Excluding Petroleum) 2008
http://www.nzpam.govt.nz/cms/pdf-library/minerals-legislation/minerals-programme-for-minerals-2008




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Description: Documents sent from the Ministry of Energy to all Iwi corporate bodies on 2nd March 2012