Beyond consultation: Getting good outcomes for everyone in cross-cultural resource consent practice

Abstract

When the Resource Management Act (RMA) was introduced in 1991 it brought in new requirements for the consideration of Māori knowledge and values. Nearly 20 years on, consultation with Māori has become a normal part of the resource consent process, and many best practice guidelines are available on how to consult. Less attention has been paid to what a good outcome might look like and how this might be achieved. Our research seeks to identify what makes for good resource consent processes where Māori knowledge and values are given appropriate consideration and inclusion in the process and outcomes. We report here on the first four stages of a 3-year research process. Firstly, a review of formal national guidelines on consultation and incorporating Māori values in decision making. Secondly, analysis of Environment Court decisions and how the court deals with Māori witnesses and their knowledge. Thirdly, interviews with Māori and Pākehā (New Zealanders of European descent) involved in resource consent processes in a variety of roles. Finally, we discuss a case study of a “win–win” situation in which both the hapū (kinship group) and the developer of a significant coastal development are happy with the process and outcomes in a situation where significant cultural values were at stake.