JMAs and Mana Whakahono ā Rohe – Business as usual
JMAs and Mana Whakahono ā Rohe – Business as usual
Tuesday 3 October, 2023
For any joint management agreements (JMAs) and Mana Whakahono ā Rohe arrangements (Mana Whakahono) made under the RMA and in existence immediately before 23 August 2023, it is business as usual. Those agreements can remain in place either until they are either transferred by agreement to the Natural and Built Environment Act (NBA) or the region in which they apply reaches its NBEA date (the date that the first Natural and Built Environment plan (NBE plan) for that region is treated as operative under the NBA).
For parties who have started but not yet completed the JMA or Mana Whakahono process, there are two options:
- Keep calm and carry on under the RMA; or
- Abandon the process and restart under the NBA.
Any new JMA or Mana Whakahono process must be commenced under the NBA. Alternatively, where parties choose to continue with a JMA or Mana Whakahono process started under the RMA before 23 August 2023 the agreement, once completed, can be transferred to the NBA.
Transferred agreements can have their duties, functions and powers exercised under the RMA until either the region transitions its powers, functions and duties to the NBA or the region’s NBEA date is reached, whichever comes first.
The process to transfer Mana Whakahono requires extra consultation by the Minister with the local authority party to the Mana Whakahono on matters including how the responsibilities will be split between the local authority and the regional planning committee. By agreement with iwi, hapū, or a post settlement governence entity, the Minister is able to assign some of the powers, functions and duties under the Mana Whakahono to be transferred to the regional planning committee where they are best suited to the committee over the local authority. This can only be to the extent that the Mana Whakahono or part of it relates to the functions of the committee. Only after this consultation has been completed can the Crown and other parties to the Mana Whakahono agree to transfer the Mana Whakahono.
