Nga hapu will have the right to approve or withhold approval for any resource consent in a CMT area. If nga hapu does not give its permission for this activity, the Gisborne District Council will not have jurisdiction to process that consent.
The amended Deed also contains a list of accommodated matters to which the permission right will not apply. These accommodated activities focus on existing activities or those activities that the hapu have allowed as a matter of longstanding practice, such as access for normal recreational purposes. This list of accommodated matters has not changed.
In the amended Deed the “significant adverse effects” test, which was the trigger for hapu to exercise the Permission Right, has been removed. Instead, the Permission Right will now apply to all resource consents in a CMT area, unless the consent is for an accommodated matter.
The prohibition on charging for the exercise of the Permission Right has been removed.
The Permission Right no longer applies to requests to establish aquaculture management areas. This is because amendments to the Resource Management Act have removed the requirement to establish aquaculture management areas before consent applications for aquaculture activities can be made. Ngati Porou will have the ability to exercise rights in relation to aquaculture activities through consent and planning processes.
This gives nga hapu in CMT areas the ability to make by-laws under customary fishing regulations. The bylaws may, with the approval of the Minister of Primary Industries, place restrictions on fishing within CMT areas, either to preserve sustainability or for cultural reasons, such as following a death in the area.
All statutory plans will be required to recognise and provide for the Environmental Covenant prepared by the hapu for the CMT area. This is a higher standard than applies to non-CMT areas and ensures that the terms of the Environmental Covenant will be reflected in statutory plans.
Nga hapu in CMT areas will have the right to give or refuse to give their consent to a number of conservation proposals and applications; for example, the establishment of marine reserves, marine protected areas and marine mammal sanctuaries.