2.1 Recognition of the Plan

2.1.1 For the purposes of the Resource Management Act 1991 (‘RMA’), particularly of section 35A, Waikato-Tainui Te Kauhanganui Incorporated (‘WTTKI ’) confirms that it is the Iwi Authority for Waikato-Tainui and that the Tai Tumu Tai Pari Tai Ao, the Waikato-Tainui Environment Plan (the ‘Plan’) represents the Waikato-Tainui environmental planning document.
WTTKI is to be considered the Iwi Authority for all relevant sections of the RMA.

2.1.2 It should be noted that WTTKI may, from time to time, delegate certain functions and implementation of this Plan to a subsidiary, delegated person(s), and/or other Waikato-Tainui entity (for example, the Waikato Raupatu River Trust). Such delegations are authorised and removed at the sole discretion of WTTKI.
2.1.3 WTTKI expects that the marae and hapuu that constitute WTTKI are afforded the same status as WTTKI when exercising their kaitiakitanga consistent with this Plan as if this Plan were written for their marae and hapuu. WTTKI also recognises that marae, hapuu, and clusters of marae and/or hapuu may develop their own environmental planning documents and WTTKI is supportive of documents where they are consistent with this Plan.
2.1.4 With respect to the RMA it is noted that:
(a) This Plan provides clarity to those Part 2 Matters in the RMA that are of relevance to Maaori, in particular (but not limited to):
(i) Section 6 – recognising and providing for: (e) the relationship of Maaori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga; (g) the protection of historic heritage from inappropriate subdivision, use, and development; (f) the protection of protected customary rights;
(ii) Section 7 Other Matters – (a) having particular regard to kaitiakitanga; and
(iii) Section 8 Treaty of Waitangi – taking into account the principles of the Treaty of Waitangi.
(b) This is a relevant planning document as referred to in sections 61(2A)(a) and 66(2A)(a) of the RMA which requires a regional council to “take into account” any relevant planning document recognised by an Iwi Authority and lodged with the local regional council, to the extent that its content has a bearing on the resource management issues of the region, when preparing or changing regional policy statements or regional plans respectively;
(c) This is a relevant planning document as referred to in section 74(2A) of the RMA which requires a local authority to take into account any relevant planning document recognised by an Iwi Authority and lodged with the local authority, to the extent that its content has a bearing on the resource management issues of the district, when preparing or changing a district plan;
(d) A consent authority considering an application for resource consent under section 104 of the Resource Management Act 1991 must have regard to the Plan, if it considers that section 104(1)(c) applies to the Plan; and
(e) This Plan applies to all relevant sections of the RMA and is to be taken account of as a relevant planning document for an Iwi Authority as outlined in the RMA.

2.2 Waikato River Act

2.2.1 Section 39(2) of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (‘Waikato River Act’) states that if the Waikato Raupatu River Trust decides to prepare a Waikato-Tainui Environmental Plan, the Plan:
(a) Must be prepared by the Trust in consultation with Waikato-Tainui marae;
(b) Must be served on the Director-General of Conservation, the chief executive of the Ministry of Fisheries, relevant local authorities, and any other relevant agency;
(c) Must be available to the public for inspection at the offices of the Trust, the relevant local authorities, and any other relevant agency; and
(d) May be reviewed and amended from time to time by the Trust.
2.2.2 Section 40 of the Waikato River Act notes that the effect of serving the Plan is as follows:
(a) A local authority preparing, reviewing, or changing a Resource Management Act 1991 planning document must recognise the Plan in the same manner as would be required under the Resource Management Act 1991 for any planning document recognised by an Iwi authority.
(b) A consent authority considering an application for resource consent under section 104 of the Resource Management Act 1991 must have regard to the Plan, if it considers that section 104(1)(c) applies to the Plan.
(c) A person carrying out functions or exercising powers under sections 12 to 14 of the Fisheries Act 1996 must recognise and provide for the Plan to the extent to which its contents relate to the functions or powers.
(d) A person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River and its catchment must have particular regard to the Plan to the extent to which its contents relate to the functions or powers.

2.3 Accords

2.3.1 The Waikato River Act (s.94) and clause 9 of the Waikato-Tainui Waikato River Deed of Settlement, provides for the development
of Accords with other Crown Ministers and agencies. This Plan applies to the Accords where the Plan is relevant to a particular Accord.
Commissioner of Crown Lands and Waikato-Tainui Accord
2.3.2 Clause 7.1 of this Accord notes that, ‘Where agreed between the Commissioner of Crown Lands (‘CC L’) and Waikato- Tainui, the CCL shall have particular regard to relevant sections of the Waikato-Tainui Environmental Plan when dealing with matters relating to the management and disposition of the riverbed and other Crown land held under the Land Act 1948.
Fisheries Accord
2.3.3 Clause 5.3 of the Fisheries Accord notes that, Clause 8.4 of the ‘Waikato River Settlement’ provides for Waikato-Tainui to develop
their Environmental Plan. The plan will relate to multiple aspects of the environment and be recognised by a number of different agencies.
The Ministry of Fisheries (now Ministry of Primary Industries) will provide assistance and resources as required in the development of relevant parts of this plan. Once completed, this plan will be recognised and provided for by any person exercising functions, powers
and duties under sections 12 to 14 of the Fisheries Act 1996, and will also provide guidance in the development of other co-management projects.
2.3.4 The accord notes that the Plan may outline:
(a) Waikato-Tainui objectives for the management of their customary, commercial, recreational and environmental interests in fisheries resources of the Waikato River;
(b) How Waikato-Tainui will participate in fisheries management of the Waikato River and its catchment;
(c) How Waikato-Tainui customary, commercial and recreational fishing interests will be managed in an integrated way;
(d) How Waikato-Tainui will participate in the Ministry’s fisheries management processes (including the issue of special permits) that affect fisheries resources of the Waikato River and its catchment; and (e) Mechanisms for the protection of glass eels and elvers from exploitation.
(e) Mechanisms for the protection of glass eels and elvers from exploitation.
2.3.5 Further, the parties agree to meet, as soon as reasonably practicable, to discuss:
(a) The content of the Waikato-Tainui Environmental Plan, including how the plan will recognise and provide for the mana whakahaere of Waikato-Tainui;
and
(b) How the Ministry will work with Waikato-Tainui to develop relevant parts of the Waikato-Tainui Environmental Plan.
Ministry for Land Information Accord
2.3.6 Clause 11.1 of this accord notes that, where agreed between the Minister and Waikato-Tainui, the Minister shall have particular regard to the relevant sections of the Waikato-Tainui Environmental Plan when exercising statutory obligations.
Local Government Accord
2.3.7 Clause 7.2 of the accord notes that the Minister will recognise and have particular regard to the Waikato-Tainui Environmental
Plan when considering local government matters relating to the health and wellbeing of the Waikato River and where agreed, to matters
that impact on the mana whakahaere of Waikato- Tainui.
2.3.8 Clause 7.2 refers to the Waikato-Tainui Environmental Plan and notes:
(a) Clause 8.4 of the Waikato-Tainui deed of settlement states that the settlement legislation will provide for Waikato-Tainui to prepare and serve on the Director-General a Waikato-Tainui Environmental Plan.
(b) Subject to usual legislative processes, the Minister will investigate the possibility for the settlement legislation to provide for recognition of the Waikato-Tainui Environmental Plan so that any persons performing functions, powers and duties affecting the Accord Area under the Conservation Act 1987, Reserves Act 1977, Wildlife Act 1953 and any other relevant conservation legislation must have particular regard to the Waikato-Tainui Environmental Plan.
(c) The Waikato-Tainui Environmental Plan may outline:
(i) Waikato-Tainui objectives for the management of their customary, commercial, recreational and environmental interests in the natural and historic resources, freshwater fisheries and freshwater fish habitats of the Waikato River and its catchment;
(ii) How Waikato-Tainui will participate in the management of the natural and historic resources, freshwater fisheries and freshwater fish habitats of the Waikato River and its catchment;
(iii) How Waikato-Tainui customary, commercial and recreational interests in the natural and historic resources, freshwater fisheries and freshwater fish habitats of the Waikato River and its catchment will be managed in an integrated way.
(d) The parties agree to meet, as soon as reasonably practicable, but no later than 12 months after the date of this Accord, to discuss if and how the Department, subject to resourcing, will work with Waikato-Tainui to develop relevant parts of the Waikato-Tainui Environmental Plan.
(e) The Minister and Director-General recognise that Waikato-Tainui has an interest in, and a special relationship with, the natural and historic resources, freshwater fisheries and freshwater fish habitats within the Accord Area managed by the Department under the conservation legislation, and that this interest and relationship may be further clarified in the Waikato-Tainui Environmental Plan.
(i) In recognition of this interest and relationship, the Minister and the Director-General’s commitments as set out in this Accord are intended to provide a framework and mechanisms to achieve co-management in respect of conservation in the Accord Area.
Agriculture and Forestry Accord
2.3.9 Clause 10 notes that the Director-General will be informed by the Waikato-Tainui Environmental Plan when considering matters
(such as policy development, research, setting standards and operational activities) that affect the Waikato River, and where agreed, the wider
Waikato-Tainui rohe.
2.3.10 Clause 9.3 of this accord notes that:

(a) Clause 8.4 of the deed of settlement provides for Waikato-Tainui to develop their Environmental Plan (“the Plan”). The Plan will apply to
the Waikato River and its catchments as defined in clause 8.21 in the deed of settlement.
(b) The Ministry will assist Waikato-Tainui, within the resources available to the Ministry, to develop relevant parts of the Plan.
(c) Where agreed between Waikato-Tainui and the Chief Executive, the relevant sections of the Waikato-Tainui Environmental Plan shall be
recognised and provided for in the development of policy.
Environment Accord
2.3.11 Clause 6.16 of this accord notes that Waikato-Tainui and the Secretary will engage to establish a process for how the Ministry
and Secretary will in practice be guided by the Waikato-Tainui Environmental Plan when exercising their duties and functions.

2.4 Fisheries Act and Conservation Act

2.4.1 Chapter 18 of the Plan, ‘He Mahinga Ika – Fisheries’, has been served on the Director-General of Conservation and also the Director General of the Ministry of Primary Industries. This Chapter of the Plan is recognised in the following legislation and, therefore, has the following status:
(a) The Fisheries Act 1996: Under the Waikato River Act, any person exercising functions, powers or duties under sections 12 – 14 of the Fisheries Act 1996 will recognise and provide for the Plan to the extent its contents relate to those functions, powers and duties.
(b) The Conservation Act 1987 and enactments listed in Schedule 1 of the Act: Under the Waikato River Act, any person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River and its catchment must have particular regard to the Plan to the extent to which its contents relate to the functions or powers.

2.5 Auckland Plan

2.5.1 The Auckland Plan is the strategy to make Auckland an even better place than it is now, and create the world’s most liveable city. It shows how Auckland will prepare for the additional one million people it may have to accommodate by 2040, and the 400,000 new homes needed. The Auckland Plan is to deliver a shared vision for Auckland to be the world’s most liveable city.
2.5.2 The Auckland Plan will guide Auckland’s future development over the next 30 years and tackle issues such as:

(a) Transport and housing shortages;

(b) Giving children and young people a better start;
(c) Creating more jobs;
(d) Protecting the environment.
2.5.3 The Auckland Plan was adopted by the council in March 2012. The Auckland Plan will enable and support mana whenua aspirations and provide opportunities for them to contribute to the future well-being of Auckland.
Auckland Unitary Plan
2.5.4 The Auckland Unitary Plan is the rulebook that shapes the way Auckland grows. It will determine:
(a) What can be built and where
(b) How to create a higher quality and more compact Auckland
(c) How to provide for rural activities
(d) How to maintain the marine environment.
2.5.5 It is expected to help to create a stronger economy, more affordable housing, better design in our buildings and public spaces and consistent protection of Auckland’s heritage, harbours, volcanic cones (maunga), environment and character.
2.5.6 It will be the key tool in delivering the Auckland Plan and managing growth through initiatives such as The Rural Urban Boundary. The Auckland Unitary Plan will replace Auckland’s 12 existing district and regional plans, many of which are already more than 10 years old.
2.5.7 The Waikato-Tainui Environmental Plan should be utilised by Auckland Council and the Auckland community to enable and support Waikato-Tainui interests in Auckland including via the Auckland Plan and the Auckland Unitary Plan.

2.6 Other Legislation

2.6.1 As noted above, while this Plan is applicable to resource management planning and processes under the RMA, it also encompasses broader environmental issues, objectives and policies. The Plan may therefore also be applicable to, and provide useful guidance for, agencies carrying out functions or the exercise of powers under other Acts, in particular
where those Acts may refer to iwi, hapuu, Maaori or taangata whenua. Such Acts include, but are not limited to:

(a) Biosecurity Act 1993

(b) Conservation Act 1987

(c) Crown Minerals Act 1991

(d) Environmental Protection Authority Act 2011

(e) Fisheries Act 1996

(f) Forests Act 1949

(g) Health Act 1956

(h) Historic Places Act 1993

(i) Land Drainage Act 1908

(j) Local Government Act 1974

(k) Local Government Act 2002

(l) Native Plants Protection Act 1934

(m) New Zealand Geographic Board (Ngaa Pou Taunaha o Aotearoa) Act 2008

(n) Queen Elizabeth the Second National Trust Act 1977

(o) Reserves Act 1977

(p) River Boards Act 1908

(q) Soil Conservation and Rivers Control Act 1941

(r) Walking Access Act 2008

2.6.2 In the event of any doubt regarding the planning status of the Plan, WTTKI should be contacted to provide any clarity required