BIREA: Consultation with Māori

Consultation with Māori

As part of the process of submitting an application to introduce a biological control agent, applicants are required to consult with Māori regarding any possible benefits or risks the proposed introduction may have on Māori culture and well being. Pre- application Māori consultation may be required. A useful checklist to assist with assessing an application for significance to Māori is Potential effects on outcomes of significance to Maori [http://www.epa.govt.nz/Publications/potential_effects_outcomes_significance_maori.pdf].

More advice on Māori engagement can be found at Te Hautu [http://www.epa.govt.nz/te-hautu/Pages/Te%20Hautū.aspx].

The need to consult with Māori on biological control applications

Introductions of biological control agents to New Zealand must be approved, through the EPA, under the HSNO Act. Section 6(d) of the Act [http://www.legislation.govt.nz/act/public/1996/0030/latest/DLM382993.html] requires that "the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wahi tapu [sacred places], valued flora and fauna, and other taonga [treasures]" be taken into account when applications are considered. Section 8 of the Act [http://www.legislation.govt.nz/act/public/1996/0030/latest/DLM382997.html] requires that the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) are also taken into account. According to EPA policy, it is the responsibility of the applicants in the first instance to provide an assessment of risks, costs and benefits of the proposed introduction to Māori. If the proposed introduction is judged to be of significance to Maori, a process of consultation is required, the details and interpretation of which need to be included in the application. The purpose of the consultation process is to recognise and report all the relevant view points in good faith.

Applicants must demonstrate that they have made every effort to consult in a meaningful way with all of the appropriate groups. In considering the application, the EPA obtains advice on the Māori perspective from the EPA's Māori Policy and Operations Group, Kaupapa Kura Taiao. It is important to maintain contact with the Māori groups affected by the Decision after approval has been given, at the very least to provide them with annual updates on relevant activities and progress.

Significance of biological control to Māori

If the biological control agent under consideration has the potential to impact on native species, the natural environment, Māori cultural and spiritual values, or Māori health and well-being then a more detailed consultation process would be encouraged. A discussion with the EPA in the planning stages of the project is the best place to start.

The nature of consultation

"Consulting involves the statement of a proposal not yet finally decided upon, listening to what others have to say, considering their responses and then deciding what will be done." (Mr Justice McGechan, cited in 'Working with Māori under the HSNO Act; a Guide to Applicants'). However, opinions vary on the intent behind the word, and consultation can have negative connotations for Māori, as a result of bad experiences in some instances. Engagement is another term that is widely used, and refers to attracting and involving someone�s interest, rather than merely canvassing their opinions before making a decision. With regard to the process of consultation required by the EPA, engagement can be seen as the groundwork on which a meaningful formal consultation process can be conducted. The Ministry for the Environment has further useful information [http://www.mfe.govt.nz/publications/rma/guidelines-tangata-whenua-dec03/html/page4.html] and discussion of what constitutes effective consultation.

For the biocontrol researcher, facing limited funding and the huge technical and intellectual challenges of carrying out a biocontrol project, the need to engage with Māori can be daunting. Engaging and consulting with Māori for the purposes of an EPA application may require a biocontrol researcher to step outside their usual way of working to take into account the perspectives and opinions of a culture very different from that of the Western scientific culture in which they usually work. This can be personally challenging, and needs to be approached with respect and an open mind, as well as an awareness that the scientific viewpoint is only one of many possible interpretations of the world around us. The inclusion of spirituality in Māori protocol, in the form of prayers (karakia) or hymns (himene), may be challenging to some. Western culture maintains a strong separation between science and religion, to the extent that spiritual beliefs are very rarely expressed in science workplaces in New Zealand. Māori culture, however, can blend spiritual and supernatural considerations with knowledge of the natural environment. Where western science is traditionally reductionist, understanding the whole by examining the constituent parts, the Māori approach to science is holistic, understanding the whole through an understanding of relationships between the parts.

How to go about engagement and consultation

Details of the engagement and consultation process from the perspective of a biological control researcher are give in Table 2. Key points to remember are:

Start engagement early in the development of the project and contact EPA if unsure about the process.
Begin preparing an application summary for Māori consideration.
Find someone who has connections with local iwi (your organisation's Māori liaison person, or a consultant) to introduce you and guide you in the process.
Work alongside EPAs Māori Policy and Operations team.
Approach engagement as a partnership, with an emphasis on relationship building, beyond the limits of a specific project.
Keep records of all communications to include in the EPA application.
Respect Māori protocol (tikanga).
Convey information clearly and succinctly, using plain English.
Be open and honest in your interactions, and clearly state your reasons and objectives for the relationship.
Face-to-face (kanohi ki te kanohi) interactions are highly valued in Māori culture.

Table 2. The process of Māori engagement and consultation in relation to biological control.
Project milestone	Maori engagement and consultation suggested	Possible issues for Māori
Weed or pest problem identified, biocontrol identified as a possible solution.	Appoint a team member to take responsibility for Māori engagement issues throughout the project. Read the EPA's documents on Māori engagement. Take up opportunities to talk to Māori about the project wherever possible. Are there any opportunities for partnerships?	- Is the weed/pest valued by Māori? - Does it provide food for native species? - Is the weed or pest affecting native ecosystems, or other ecosystems valued by Maori?
Potential biocontrol agents identified and background information gathered.	Discuss with your organisation's Māori liaison person and the EPA . - Is the proposed introduction of significance to Maori? - What level of consultation might be needed? - Who should introduce you to the right people? (this is very important!) Ensure research team is aware of responsibilities to Māori. Consider training in Māori protocol, language and Treaty issues. Consider finding a consultant to facilitate engagement with Māori. Early in the process discuss the project with the appropriate local Māori groups (generally those with mana whenua over the land around the research facility). Offer to talk to them about the project or biocontrol in general. Face-to-face meeting is important, so follow through with this if it is requested. Record notes from meetings and phone conversations, and if possible get joint sign off of accuracy. Include these with the application when sending to the EPA.	If the agents were introduced could they: - invade native habitats? - affect native species? - affect valued exotic species (e.g. Broom is a weed, but it provides food for keruru)? - interbreed with native species (affect whakapapa)? - reduce the need for pesticide sprays? - help restore native ecosystems? If a meeting is not requested, it could be due to lack of resources to host or attend a meeting, rather than lack of interest.
Determine non-target species for host range testing	Talk to your Māori contacts regarding the contents of the list. EPA staff may be able to provide advice and suggest information sources for non-target species of interest to Māori. Prepare an article on the project in Māori-specific media, such as the EPA's Te Putara newsletter.	Check if there are any relevant species that are: - Taonga, such as those listed in the Ngai Tahu Settlement Act - Rare or endangered - Have medicinal value to Māori, or are a traditional source of food - Valued exotic species
Prepare the EPA application to import into containment (if appropriate)	Formally consult with hapu or iwi with mana whenua over the containment facility, according to EPA guidelines. Relationships developed earlier are important here. Ensure concerns and questions are followed up appropriately, and included in the application, as well as a description of the consultation process.	- What are the risks of escape from containment? - What plans are in place if this occurs? - What could the impact be on native flora and fauna? Ongoing communication is important, as is talking to the right people. Be open minded about opportunities to work together to mitigate cultural concern.
Submit EPA application to import into containment (if appropriate)	Notify all groups consulted with that the application has been submitted, and what the process is for public submissions.
Approval given to import into containment (if appropriate)	Maintain ongoing communication with your network of contacts by telling them about the outcome of the application process.
First shipment of organisms	Ensure your contacts are informed when the first shipment is expected. Be open to holding a celebration or blessing ceremony if this is requested. Allow Maori to determine appropriate protocol for this.
Host range testing	Keep lines of communication with your network of contacts open. Mutually agree on what amount of communication is appropriate during the research process.
Prepare EPA application to release	Formally consult with local Maori according to EPA guidelines. This should start at least 6 months before proposed submission. Start by discussing issues in person with your established local contacts. Ask them who it would be appropriate to contact among other hapu or iwi in the area. Through these contacts, contacts at a national level may be found. Discuss with the EPA the best way to approach consultation on a national level. During the consultation process, always be open to meeting face to face to discuss the issues. It may be appropriate to present the results of your research at a hui. Discuss the consultation process with the EPA. Ensure all concerns and questions are followed up appropriately, and included in the application. Ongoing communication is the key.	Who you consult with and how is important, and if done badly can damage relationships with Māori. Relationship building and honest and open engagement is important. Work through the appropriate networks, with the backing and guidance of local tangata whenua. Your organisation's Māori liaison person is invaluable for guiding the process of introducing you to the appropriate people, and guiding the engagement and consultation process.
Submit EPA application to release	Notify all groups consulted with that the application has been submitted, and what the process is for public submissions.
Application hearing	Where possible provide support, advice and information for Māori groups wishing to prepare submissions. The Maori Policy and Operations Group at the EPA can also provide support and advice to these groups.
Approval given to release	Communicate the outcome of the hearing with your local Māori contacts. They may be interested to discuss what happens next. After this point there is no formal requirement to consult with Māori, but the process of engagement and relationship building is ongoing. This is an opportunity for partnerships to form, and new possibilities for research may arise to the benefit of both Māori and scientists.
First release of agent	Communicate the intention to release the agent with your local contacts. Be open to their involvement in the first release - a blessing ceremony may be appropriate. Look into who has mana whenua over the land where the release will occur, and allow for their involvement in the process. This communication may go through the company that manages the land in some cases.	The introduction of a new organism is a significant event, and Māori, as kaitiaki (guardians) of the land may wish to be involved in the process and mark the event.
Field trials	Where appropriate, consult with Māori landowners of proposed field sites prior to release. Allow their decisions regarding the release to inform the choice of site (especially if management of the land is contracted out). If there is funding and opportunity, consider involving Māori landowners and communities in field trials.	- What are the expectations for the agent at the trial stage? - What are the risks? - What happens if it goes wrong? - How long until we know if it has worked or not?
Distribution by land managers	Consider engaging with Māori communities to develop partnerships for the distribution of the agent.	The role of Māori as kaitiaki (guardians) of their land may be threatened if they do not have control over or input into the release of a biocontrol agent on or near their land.
Ongoing monitoring of agents success	Where possible maintain communication with local Māori contacts about the successes and failures of the project. This may be alongside the process of consultation for another biocontrol agent. Consider writing articles for national Māori-specific media such as the EPA's Te Putara newsletter.	Knowledge of the results of past biocontrol releases is as valuable to Maori as it is to biocontrol scientists for judging the worth of future applications.