Far North deputy mayor Kelly Stratford and mayor Moko Tepania (right). Photo: NZME via LDR
Far North District Council is calling for part of the fast-tracking bill to be wiped due to fears it will allow mining currently prohibited in outstanding natural areas.
These areas include the district's maunga (mountains), where the kōiwi (bones) of tangata whenua ancestors are buried.
Far North District Council said the legislation risked overriding protection for the region's outstanding natural areas and features enshrined in the council's district plan.
The council's comments come in its eight-page Fast-track Approvals Bill submission signed by deputy mayor Kelly Stratford and chief executive Guy Holroyd - among about 27,000 nationally.
The submission said the Bill's requirements could hit Far North District Council (FNDC) harder than its bigger counterparts, given its small size and limited resources.
It said the community had often fought hard to ban activities such as mineral extraction of outstanding natural areas.
"To have then (as a result of the fast-track process) a project which is in direct contradiction undermines this work," the submission said.
Far North residents have previously campaigned against mineral extraction in their area.
Far North iwi housing like this now-completed affordable accommodation in Kaikohe could be among projects for potential fast-track consenting. Photo: NZME
Norwegian energy giant, then called Statoil, faced several years of protest after being granted permits in 2013 for seismic oil exploration over a large area of the ocean about 85km off the Far North's west coast. It withdrew three years later, saying initial research had not been promising enough.
RMA Reform Minister Chris Bishop would not comment specifically on FNDC's concerns - including about the Bill's risk to the Far North's outstanding natural areas and features, tangata whenua participation and climate change.
Bishop said it was inappropriate for him to comment while the Bill was being considered by Parliament's Environment Select Committee.
He said the new legislation was part of government economic rebuilding plans.
"New Zealand has become an obstruction economy. It's too hard to get things built. The Fast-track Approvals Bill is part of the coalition government's plan for rebuilding the economy and growing productivity.
"We are making it clear to the world that we're open for business and building a pipeline of significant projects around the country - because it's only through a strong economy that we can afford the public services New Zealanders, including Northlanders, need."
He said the new Bill was built on New Zealand's existing fast-track process put in place by the previous government.
Far North infrastructure plans are among regionally and nationally important projects which could be fast-tracked.
The then newly-opened Matawii Dam near Kaikohe had some way to go to hold 750,000cu m, the equivalent of about 300 Olympic-sized swimming pools. It was New Zealand's first project built under then Covid-19 fast-tracked legislation. Photo: NZME
In 2020, the 18ha Matawii water storage dam, covering the equivalent of almost 26 rugby fields near Kaikohe, became the country's first Covid-19 recovery fast-tracked project.
FNDC's submission said the Bill threatened a range of formal FNDC resource management arrangements with tangata whenua, which take the principles of Te Tiriti o Waitangi into account.
These extended to being part of the 2019 Whanaungatanga Kī Taurangi participation agreement between Northland's four councils via the Northland Mayoral Forum and Te Kahu o Taonui (Northland Iwi Chairs Forum) representing the region's 11 iwi authorities.
FNDC said the Bill did not provide for appropriate consultation with whānau, hapū and iwi. Its feedback timeframes for tangata whenua were short, meaning hapū in particular were unlikely to be able to get involved.
The council called for the Bill to include a requirement for all those involved in a fast-tracked project's consideration to take the principles of Te Tiriti o Waitangi into account.
"The Bill does not include the RMA requirements for decision makers to uphold the principle of Te Tiriti o Waitangi which would usually apply to resource consenting decision."
Dignitaries at the May 2023 official opening of the Matawii dam near Kaikohe, New Zealand's first project built under then Covid-19 fast-tracked legislation. Photo: NZME
FNDC criticised the Bill's current tangata whenua participation being limited to post-settlement governance entities.
This created issues in the Far North where the largest iwi Ngāpuhi preferred reparation rather than settlement in its approach.
There had been 11 Treaty of Waitangi claim settlements out of 100 in the Far North.
"The Bill does not provide for appropriate consultation and engagement with whanau, hapū and iwi."
Meanwhile, it said the legislation needed more robust climate change consideration.
"The Bill focuses on if climate change would affect the project rather than if the project would contribute to increased emissions or would result in ... increasing frequency of severe climatic events," it said.
"Completion of such projects in Northland could contribute to the district being constricted in its ability to meet zero carbon targets and to achieve compliance with the Te Tai Tokerau climate adaptation strategy."
FNDC wanted the Bill to require details on how each project contributed to New Zealand reaching its 2050 zero carbon emissions targets.
Meanwhile, Northland Regional Council has called for a more balanced approach in the new fast-tracking legislation.
- LDR is local body journalism co-funded by RNZ and NZ On Air.