Board of Inquiry

Background

The New Zealand Coastal Policy Statement (NZCPS) is a National Policy Statement required by the Resource Management Act 1991 (RMA). It has a significant influence on resource management in the coastal environment, which includes coastal land and the coastal marine area. Local authority plans and policy statements must give effect to the NZCPS and consent authorities must have regard to it. The existing NZCPS dates from 1994. It has been reviewed and a new proposed NZCPS prepared.

Board members

The Minister of Conservation has appointed a Board of Inquiry into the Proposed NZCPS, with the following appointments; Judge Shonagh Kenderdine, as Chair, with Mr Rikirangi Gage, Kathryn Edmonds and Mr Philip Woollaston as board members.

The Board will need to consider a diverse range of views on coastal management. For this reason, the members have been selected to ensure an appropriate mix of practical, policy and cultural knowledge of matters relating to coastal management. The Board members have been appointed for their expertise and experience and not because they are representative of any particular interest groups.

Timeframes

The New Zealand Coastal Policy Statement has been publicly notified and 535 submissions received. Fifty percent of submitters have stated they wish to be heard by the Board of Inquiry. Consequently, an extension to the original timeframe has been agreed and the report back to the Minister of Conservation has been extended to 31 May 2009.

Submitters to the Proposed NZCPS will be notified once a hearing schedule is prepared.

Terms of Reference

The Board of Inquiry (Board) will carry out an independent inquiry into the Minister of Conservation’s proposed New Zealand Coastal Policy Statement, in accordance with the Resource Management Act 1991.

This will involve:

a) publicly notifying the proposed New Zealand Coastal Policy Statement as soon as possible after the appointment of the Board; 
b) calling for submissions;
c) hearing submissions; 
d) considering the matters set out in RMA Section 51(1);
e) providing a report and recommendations to the Minister of Conservation by 30 December 2008.

Process

The Resource Management Act requires a period of at least 20 working days from the date of notification to make submissions on the proposed New Zealand Coastal Policy Statement.

After the submissions period is closed, the Board of Inquiry will commence hearings. The majority of hearings will be held in the main centres of Auckland, Wellington, Christchurch and Dunedin.

It is important that the process used for hearing submissions is designed to maximise iwi input, and recognise the relationship between Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. Opportunities to hold hearings on marae should be taken, particularly in areas with a high proportion of Maori in the population. 

Hearings will be conducted in the manner set out in sections 39 – 42A of the Act.

A report including recommendations on the wording of the proposed New Zealand Coastal Policy Statement shall be submitted to the Minister of Conservation. The report shall be delivered to the Minister’s Office as a signed hard copy, and copied to the Director-General of Conservation as an electronic copy.

The Board’s duties will be concluded once the Minister of Conservation has received its report and advises that no further clarification of matters in the report is required.

The Department of Conservation will arrange secretarial and other support to enable the Board to carry out its functions. It will also provide policy, operational, scientific and legal advice as the need arises.

Members of the Board are expected to work co-operatively, to look for points of agreement between differing views, and help construct a report and recommendations that can be accepted by the Board as a whole.

The Minister of Conservation reserves the right to disband the Board of Inquiry or change its membership at any stage in the process.

Scope of the Inquiry

In carrying out its inquiry, the Board must address matters set out in section 51 of the Resource Management Act 1991.

The Board of Inquiry should note the Minister’s Section 32 evaluation.

It is outside the Board’s terms of reference to inquire into or provide recommendations on:

a) whether there should be a New Zealand Coastal Policy Statement;
b) sustainable management issues that do not relate to the coastal environment;
c) ownership of foreshore and seabed; and
d) statutory reform.

Progress reporting

As part of the inquiry, the Minister of Conservation requires reports on the progress of the Board’s inquiry by the end of each month, except for January 2008.

These reports should cover:

• expenditure, and any resource issues;
• any issues regarding the Board’s ability to meet timeframes;
• any public communication issues; and
• any other matters the Board considers the Minister needs to know.

The Board shall alert the Minister as soon as possible, in writing, if an unforeseen event occurs, or seems likely to occur, that could prevent the Board reporting to the Minister by 31 May 2009.