Post by Kiwi Frontline on Mar 21, 2017 12:25:11 GMT 12
Dear New Zealand Citizen,
As you will see below, last minute changes to the Government's Resource Management Act reform bill are alarming.
I am writing to urge you to contact National Party MPs urgently to ask them to abstain from voting or cross the floor to ensure that the Resource Legislation Amendment Bill is defeated at its third reading. (Template email here > tinyurl.com/l4tscsl )
The final draft of the Bill was tabled on 6 March, having been returned from the Select Committee. On the one hand, the Bill undermines local democracy by significantly increasing ministerial powers while removing or restricting basic rights of public participation. On the other hand, it imposes extraordinary obligations on councils to give iwi, and now hapu groups too, sweeping new powers - which include the authority to approve or reject planning consents, and the right to be involved in resource consenting and monitoring.
In effect, the Bill introduces the Auckland Council Unitary Plan 'Taniwha Tax' provisions to councils across New Zealand! If passed, it would sweep away the success we have had in protecting the rights and interests of the citizens of Auckland from Mana Whenua provisions in the Unitary Plan.
The text of the latest version of the Bill is here.> tinyurl.com/ml8af6t
Councils will be required to enter into what are called ‘Mana Whakahono ā Rohe/Iwi Participation Agreements’. As there is no provision clarifying or limiting the “responsibilities and obligations of the parties” to participation agreements, there is no limit to what they may contain. The Environment and Local Body Select committee considering the Bill admitted in their report that they are aware iwi-initiated arrangements could "create uncertainty for local authorities and impose unforeseen resource pressures". You can read the select committee report on the Bill here. > tinyurl.com/n6yl2yp
The RLAB goes much further than Councils’ existing obligations to consult with local iwi. It includes words like “work together” “to assist local authorities” “agree on methods” – which suggest decision-making powers in a partnership type arrangement.
The iwi clauses in the Bill will virtually entrench co-governance and partnership obligations, undermining the basic democratic principles of local government.
Besides the obvious implications for democracy, there is much to be concerned about in the details. Provisions in the RLAB threaten to:
* Place councils in an invidious position whereby they may be obliged to enter into a number of Iwi Participation Agreements, an offer they are unable to refuse. The way Subpart 2 of the bill is worded, iwi authorities could separately or jointly, serially or simultaneously, invite Council into negotiations. As Auckland Council recognises 19 iwi, the end result could be anywhere between one and nineteen Iwi Participation Agreements in Auckland. To complicate matters further the Bill mentions provision for hapū to also enter into participation arrangements with local authorities, which could increase even more the number of ‘Agreements’.
* Weaken individual property rights, just as we have seen in Auckland with the requirement for “cultural impact assessments”, and reduce the rights of councils in dealing with council property.
* Give iwi critical advantages of exclusive prior notice, as well as direct input and discussion, while nothing is proposed to protect non-iwi citizens against the abuse of these privileges.
* Entrench the terms of the Iwi Participation Agreements in perpetuity. The provisions make it clear that a Council may not withdraw from or require amendment of an agreement, not even to protect citizens or councils from abuse of powers and procedures. The Agreements, once in force, cannot be altered or terminated except by mutual agreement.
Such provisions will achieve exactly the opposite of what was intended in RMA reform by complicating the decision making and slowing the process. There will also be increased costs, both to the Council, and therefore the ratepayers, and to individual citizens.
We're asking all of our supporters to take a moment to email National Party Members of Parliament about the Bill. You can use this page to send an email. > tinyurl.com/n6yl2yp
Alternatively, you can call the Prime Minister's office on (04) 817 6800 and let his staff know what you think about the Bill.
The Democracy Action submission to the Select Committee sets out our primary objections with the Bill. For a copy of the submission and a legal opinion by our lawyers please visit our website page at www.democracyaction.org.nz/rla.
Thank you for your support.
.
Lee Short
Chairman
Democracy Action
www.democracyaction.org.nz
.
PS: Now that all submissions on the Bill have closed the only way we can defeat the Bill is to use people power and convince the National Party to back down. Please forward email to like-minded friends who may also be willing to send a message via www.democracyaction.org.nz/email
As you will see below, last minute changes to the Government's Resource Management Act reform bill are alarming.
I am writing to urge you to contact National Party MPs urgently to ask them to abstain from voting or cross the floor to ensure that the Resource Legislation Amendment Bill is defeated at its third reading. (Template email here > tinyurl.com/l4tscsl )
The final draft of the Bill was tabled on 6 March, having been returned from the Select Committee. On the one hand, the Bill undermines local democracy by significantly increasing ministerial powers while removing or restricting basic rights of public participation. On the other hand, it imposes extraordinary obligations on councils to give iwi, and now hapu groups too, sweeping new powers - which include the authority to approve or reject planning consents, and the right to be involved in resource consenting and monitoring.
In effect, the Bill introduces the Auckland Council Unitary Plan 'Taniwha Tax' provisions to councils across New Zealand! If passed, it would sweep away the success we have had in protecting the rights and interests of the citizens of Auckland from Mana Whenua provisions in the Unitary Plan.
The text of the latest version of the Bill is here.> tinyurl.com/ml8af6t
Councils will be required to enter into what are called ‘Mana Whakahono ā Rohe/Iwi Participation Agreements’. As there is no provision clarifying or limiting the “responsibilities and obligations of the parties” to participation agreements, there is no limit to what they may contain. The Environment and Local Body Select committee considering the Bill admitted in their report that they are aware iwi-initiated arrangements could "create uncertainty for local authorities and impose unforeseen resource pressures". You can read the select committee report on the Bill here. > tinyurl.com/n6yl2yp
The RLAB goes much further than Councils’ existing obligations to consult with local iwi. It includes words like “work together” “to assist local authorities” “agree on methods” – which suggest decision-making powers in a partnership type arrangement.
The iwi clauses in the Bill will virtually entrench co-governance and partnership obligations, undermining the basic democratic principles of local government.
Besides the obvious implications for democracy, there is much to be concerned about in the details. Provisions in the RLAB threaten to:
* Place councils in an invidious position whereby they may be obliged to enter into a number of Iwi Participation Agreements, an offer they are unable to refuse. The way Subpart 2 of the bill is worded, iwi authorities could separately or jointly, serially or simultaneously, invite Council into negotiations. As Auckland Council recognises 19 iwi, the end result could be anywhere between one and nineteen Iwi Participation Agreements in Auckland. To complicate matters further the Bill mentions provision for hapū to also enter into participation arrangements with local authorities, which could increase even more the number of ‘Agreements’.
* Weaken individual property rights, just as we have seen in Auckland with the requirement for “cultural impact assessments”, and reduce the rights of councils in dealing with council property.
* Give iwi critical advantages of exclusive prior notice, as well as direct input and discussion, while nothing is proposed to protect non-iwi citizens against the abuse of these privileges.
* Entrench the terms of the Iwi Participation Agreements in perpetuity. The provisions make it clear that a Council may not withdraw from or require amendment of an agreement, not even to protect citizens or councils from abuse of powers and procedures. The Agreements, once in force, cannot be altered or terminated except by mutual agreement.
Such provisions will achieve exactly the opposite of what was intended in RMA reform by complicating the decision making and slowing the process. There will also be increased costs, both to the Council, and therefore the ratepayers, and to individual citizens.
We're asking all of our supporters to take a moment to email National Party Members of Parliament about the Bill. You can use this page to send an email. > tinyurl.com/n6yl2yp
Alternatively, you can call the Prime Minister's office on (04) 817 6800 and let his staff know what you think about the Bill.
The Democracy Action submission to the Select Committee sets out our primary objections with the Bill. For a copy of the submission and a legal opinion by our lawyers please visit our website page at www.democracyaction.org.nz/rla.
Thank you for your support.
.
Lee Short
Chairman
Democracy Action
www.democracyaction.org.nz
.
PS: Now that all submissions on the Bill have closed the only way we can defeat the Bill is to use people power and convince the National Party to back down. Please forward email to like-minded friends who may also be willing to send a message via www.democracyaction.org.nz/email