 |
|
|
| Article: Local Authority Agreement |
|
|
|
Home Editorials Reader Letters Archives |
|
2 March 2000 at 19:54:08 PARTNERSHIP AGREEMENT Between HUAKINA DEVELOPMENT TRUST And HAMILTON CITY COUNCIL
1.1 The intent of this document is to outline the terms, agreements and relationships between the Hamilton City Council "(Council)" and the Huakina Development Trust "(Trust)". It gives recognition to the special arrangements which both parties wish to progress to achieve a partnership in the management of the natural resources of the City of Hamilton and to meet Council’s legislative responsibility under the Resource Management Act 199 1. 1.2 The Tainui Maori Trust Board is the Iwi Authority of the people of Waikato. In progressing this agreement Council recognises the Huakina Development Trust as the environmental authority for all environmental issues on behalf of the Tainui Maori Trust Board. 1.3 In fulfilling the terms of this Contract both parties recognise the need for a long term focus which will require a commitment to work together in good faith and with clarity of purpose to develop kaupapa for the present and future management of natural resources. To this end both parties will endeavour to co-operate and work together. This agreement is therefore executed in a spirit of good faith.
Part 1 and 2 of this agreement commences on 1st 199... and continues until 30th 199...
Part 3 of this agreement commences on 1 st........................... 199... and continues until completion of the current review of the Hamilton City Council District Plan. It is envisaged that the completion date will be...........................
3.1 Part 1 This part seeks to achieve tangata whenua input into applications for resource management consents under the Resource Management Act 1991 and for the Trust to determine and advise on consents with significant matters relating to Maori. 3.2 In achieving this aim Council will, in regard to consultation over resource consents, and subject to the time constraints contained in the Resource Management Act 1991: - Ensure where possible that sufficient information is provided on notified -Encourage applicants to consult with the Tangata whenua who have the Mana 0 Te Whenua status in Hamilton City Council district through the Trust as part of the assessment of effects, by directing them to the Trust as the environmental authority of the iwi authority of Waikato. As a matter of course, provide a list of all resource consent applications to the Trust. As required by section 93 of the Act, the Trust will be notified of all notified applications. Use the consultation provisions of the Resource Management Act 1991 in a positive and proactive way. 3.2.1 In achieving this aim the Trust will: - Identify appropriate contact persons within the hvi, who will receive information disseminate it and ensure that Council is kept adequately advised - Liaise with the tangata whenua groups where necessary and ensure their concerns or comments are reflected in any advice given to Council - Recognise the time constraints which govern the resource consent application process and submit advice or comments within the period.
A hearing is a quasi-judicial process which operates under certain constraints. The Council will encourage consultation before hearings so that a more flexible approach is possible. The Council with the assistance from the Trust will provide the following for consent hearings: - recognition and provision for tikanga Maori and te reo Maori, where - appointment of Maori as hearing commissioners, where appropriate; - protection of information relating to hearings proceedings that is considered sensitive and confidential by Tangata Whenua. The information to be protected may go beyond that presented at the hearing. The Council will promote the use of pre-hearing meetings to address issues of concern to tangata whenua, and the use of venues, such as marae, which provide for tikanga Maori.
Where Council may require further information from an applicant under section 92 of the Act, and where it is of the opinion that there could be a significant adverse effects on the environment from the proposal, Council may commission a report on the application or review the information supplied by the applicant. Section 6 of the Act enables Council to pass on the cost of that further process, which could include consulting charges made by the Tangata Whenua. Council may fund the Trust to delegate to Tangata Whenua who have the Mana 0 Te Whenua status over area subject to contract to carry out the monitoring of specific consent conditions by passing on fees collected from monitoring charges under section 36 of the Act.
4.1 Part 2 This part seeks to achieve ongoing Waikato input into Council's -general resource management functions and obligations under the Resource Management Act 1991, Reserves Act 1991 and other related legislation. 4.2 The Trust will advise Council over Resource Management issues which have importance to Waikato including but not limited to: - Council's own applications for resource consents for matters relating to sewage, stormwater, solid waste disposal, air discharges, toxic waste treatment or other resource management matters that arise which require a consent approval - As appropriate, general Council business relating to the aforesaid issues which do not need a resource consent or a non-notified activity or consent. - Matters related to applications for changes to the operative Hamilton City Council District Plan. - Matters related to land use decision-making by Council, including Reserves Act, management plans, resource management plans, requirements and heritage orders. 4.2.1 Other Matters The Trust and Council can also if agreed co-operate on such other matters as: - Educational activities to staff, Council and the general public on matters relating to resource management. - Institution of environmental initiatives by either party. - Matters relating to individual or special projects relating to resource management issues.
4.3.1 It is also recognised that many of these issues will need specific project management and involve a wide number of other interested parties. In this respect both parties recognise the need to agree at the beginning of the process the timescales and procedures to be met.
5.1 Part 3 This part seeks to actively involve the Trust in the formulation and review of the Hamilton City Council District Plan. 5.2 The parties agree to adhere to the agreement appended regarding the Trust's input to the preparation of the Hamilton City District Plan. 6.0 CONFIDENTIALITY Both the Trust and Council recognise the need to maintain confidentiality of commercially or culturally sensitive information received during the course of this Agreement. 7.0 CONFLICT OF INTEREST Huakina Development Trust, in carrying out the terms of this Agreement, will immediately notify Council of any situation whereby this Agreement mav be compromised by the Trust undertaking work or providing services to any other party. In the event of such a situation arising both parties will meet to agree on methods to resolve any possible conflict of interest. 8.0 AGREEMENT ON PROVIDING RESOURCES Council acknowledges the need to adequately compensate the Trust for time and input. Council also acknowledges the need to empower the Trust to not only meet the specific terms of this contract but develop the capacity to be an active and equal partner in managing the natural resources of its district. In this respect both parties commit to establishing a fair and equitable financial resourcing system which recognises the need for Council to maintain financial and legal accountability yet provide for the agreement to be met. 8.1 To fulfil the terms of this Agreement and to enable and support the development capacity for the Trust to achieve the aims of the Agreement, Council will pay the Trust a sum of $60,000 at the commencement of the Contract. This sum and the performance of the Agreement to be reviewed annually. 8.2 In assessing the performance of both parties to the Agreement both the Trust and Council will seek ongoing solutions to issues as they arise, however, a formal review meeting between parties will be undertaken before the annual renewal of Contract. 9.0 ASSIGNMENT The Trust shall not assign its rights, duties or obligations under this contract without the express consent of Council. Notwithstanding this Council outlines its support for the Trust to maximise involvement of tangata whenua who have Mana 0 Te Whenua within the district in providing the services in this agreement. 10.0 ENTIRE AGREEMENT This agreement is the entire agreement and includes all prior agreements both written and verbal. Any amendments to this agreement must be in writing and agreed to by both parties. 11.0 TERMINATION This agreement may be terminated by mutual consent of both parties at any time. In entering this Agreement in good faith both parties commit to remedying any fault or failure in performance as they occur. Failure to resolve deficiencies should be resolved initially by active discussion and then where necessary arbitration. SIGNED FOR AND ON BEHALF
THE COMMON SEAL of the
PROVISION OF COMNIENTS ON POLICY AND DISCUSSION PAPERS The Council will refer to the Trust, copies of all district plan policy and discussion papers and any draft district plan proposals agreed as likely to affect Maori interests and the Trust will arrange for such papers and proposals to be considered and for comments to be made where appropriate. Service Outcomes Council provided with Waikato viewpoint on planning issues so that proposals and policy decisions in respect of the district plan reflect the concerns of Waikato. Service Outputs Comments from a Waikato perspective will be provided where appropriate on any discussion paper or draft policy paper issued in respect of the district plan. Up to thirty such papers could be issued. The Trust will determine which of these relate to matters of significance to Waikato. Comments may be provided in writing, or by way of discussion at meetings or by presentation of formal submissions. Any comments to be provided within the time-frame specified for each paper, usually 4 weeks. PROVISION OF ASSISTANCE ON WAAHI TAPU MATTERS Council will, through the Trust, fully involve Waikato in addressing Waahi Tapu issues under the District Plan. The Trust will provide expert advice on Waahi Tapu matters in relation to the district plan. The Trust will advise Council on the development of district plan policv and provisions in relation to Waahl Tapu. Service Outcomes Waahi Tapu appropriately provided for and protected where practicable under the district plan in a manner reflecting Waikato values. Service Outputs Expert advice will be provided to assist in establishing mechanisms to protect Waahi Tapu under the district plan and in developing suitable planning controls. Council and the Trust will determine the development of district plan proposals relating to Waahi Tapu. Assistance will be given in ensuring adequate and appropriate consultation takes place with Waikato interests.
Council will consult fully with the Trust in providing for the Waikato River under the District Plan. Service Outcomes The Waikato River is a taonga of Waikato. Waikato are the kaitiaki of the taonga of Waikato. The responsibility of the kaitiaki to their taonga recognised and provided for in the District Plan. Service Outputs Expert advice will be provided in relation to issues of interest and importance to Walkato in the preparation of planning provisions relating to the control of activities on the surface of the Waikato River and the formulation of planning proposals for the banks of the Waikato River. Such advice to be in the form of written reports or by consultative meetings as appropriate. Assistance will be given in ensuring adequate and appropriate consultation takes place with Waikato interests. PARTICIPATION IN PLANNING STUDIES Council will through the Trust involve Waikato in relation to issues of interest and importance to Waikato in planning for the development of new areas in the city and for protecting the environment under the District Plan. Waikato will be actively involved in the formulation of planning proposals for the growth of the City and for environmental protection. Service Outcomes Walkato perspective and concerns taken into account in the formulation of planing proposals for the future growth of the city and for provisions relating to the protection of the natural environment. Service Outputs Expert advice will be provider to assist in the preparation of structure plans intended to guide future urban development. Expert advice will be provided to assist in the preparation of policies and rules with respect to environmental protection including water quality. Such advice to be in the form of written reports or by consultative meetings as appropriate. Assistance will be given in ensuring adequate and appropriate consultation takes place with Waikato interests.
|
|
Copyright 1999 Victoria University of Wellington