Statutory acknowledgements

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Statutory acknowledgements are statements in Treaty of Waitangi settlements between Crown and tangata whenua of particular areas and resources of particular significance to tangata whenua. Local authorities when making decisions on whom to involve in resource consents and hearings must consider them. The help address concerns where councils have processed consent applications that relate to an area of significance for certain claimant groups, without consultation or their written approval, and claimant groups have been adversely affected.

While a statutory acknowledgement may vary for each claimant group, in essence, a statutory acknowledgement requires:

• Councils to forward summaries of all relevant resource consent applications to the relevant claimant group governance entity – and provides the governance entity with the opportunity to waive their right to receive summaries
• Councils to have regard to a statutory acknowledgement in forming an opinion as to whether the relevant claimant group may be adversely affected in relation to resource consent applications concerning the relevant statutory area
• Councils within the claim areas to attach, for public information, a record to all regional policy statements, district plans, and regional plans of all areas affected by statutory acknowledgements

None of the requirements limit or affect councils’ existing obligations under the RMA. Statutory acknowledgements can be used in submissions to consent authorities, the Environment Court and the Historic Places Trust, as evidence of a specific claimant group’s association with a statutory area.

As claims are progressively settled, more and more councils will need to comply with statutory acknowledgements. Entering into agreements on consultation on consents prior to the settlement of a statutory acknowledgement is a positive first step in building relationships.