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    An investigation of alternative dispute resolution in resource use conflict and options for the improvement of its use in resource management : a thesis presented in partial fulfilment of the requirements for the degree of Master of Philosophy in Resources and Environmental Planning at Massey University
    (Massey University, 1993) Blair, Adam Scott
    For the first time, New Zealand resource management legislation has included alternative dispute resolution (A.D.R.). In this thesis A.D.R. theory, particularly mediation, is explored. Conclusions from case studies and a questionnaire are drawn on to suggest ways in which the use of A.D.R. in resource management can be improved. The introduction explains how confrontational or adversarial modes of dispute resolution have dominated the way in which resource use conflicts have been resolved in the past. What alternative dispute resolution is, its non zero sum philosophy, and what it purports to achieve is covered. It introduces the consents process in the Resource Management Act and discusses how effective public participation in that process is a moral necessity. Alternative dispute resolution can provide, in part, a mechanism by which effective public participation can be achieved. Chapter one looks at the theory of alternative dispute resolution. The works of various A.D.R. theorists are drawn on to explain the advantages of alternative dispute resolution and when it will be effective. A typical mediation process is outlined, again drawing from the works of theorists. Problems associated with alternative dispute resolution are explored. Some of the mediator training and skill requirements are discussed. Most of the case studies involve Maori cultural and spiritual values and the principles of the Treaty of Waitangi. One of the mechanisms Maori use to safe guard their interests and redress past 'injustices' is the Treaty of Waitangi and the 'principles' of the Treaty. To facilitate greater understanding of the case studies how Maori view the world, and the principles of the Treaty of Waitangi are discussed in Chapter two. The major case study in this work, Chapter three, shows how a substantial resource use conflict involving cultural and spiritual values has been successfully resolved using Mediation. An analysis of that case study is conducted using points drawn from Chapter one. Chapter four presents four 'minor' case studies. These detail techniques which are not strictly mediation but promote the philosophy of A.D.R.. The positive aspects and problems which were encountered in all of these studies are drawn on in the conclusion. The results of a questionnaire focusing on the attitudes to and use of A.D.R., by planning staff, in Local Government are discussed in Chapter five. Some conclusions are drawn about the way in which the A.D.R. provisions in the Resource Management Act have been used. The conclusion suggests: agreements between parties should include some provision for re-negotiation should unforeseen circumstances arise; some gauge of the likely reaction of political decision makers to settlements needs to be made prior to entering an A.D.R. process; A.D.R. techniques could be introduced at the beginning of the consents process rather than at its concluding stages; training in mediatory techniques for planners should be introduced at the tertiary level; A.D.R. in the planning system cannot be conducted in isolation from the judicial decision makers.
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    Contestability in the resource consent process under the Resource Management Act 1991 : a study of opportunities for Māori within a contestable consent process : a thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in Social Policy at Massey University
    (Massey University, 1999) Dowman, Catherine P
    This thesis encompasses aa cross-cultural study that investigates opportunities for Maori in a contestable consent process under the Resource Management Act 1991. The research examines the existing resource consent process and speculates on how contestability as proposed in the Resource Management Amendment Bill 1999 could create opportunities for Maori participation in the resource consent process. The consent process enables Maori to participate by way of consultation on consent application. Under the existing consent process local authorities have the sole discretion to determine the type and level of consultation in regard to consent applications. Resource user groups such as applicants and developer have deemed this discretion a monopoly in the processing of consent applications. Contestability as a recommended option would open the processing of consent applications to the private sector to enhance the consent process in terms of cutting costs and time delays presently experienced. This thesis focuses on contestability in the contest of the processing of resource consent applications. The research was carried out in two phases: Phase one was a documentary analysis of local authority officers to examine the officers' perceptions of contestability and the consequences for Maori involvement in the resource consent process. A statistical analysis and thematic content analysis of planning documents and survey data were used to analyse the empirical evidence. The thesis reached a number of conclusions. The research found that two resource consent processing provisions of the Resource Management Act, ss93 and 94, determine how local authorities will carry out consultation with regard to a consent application. Local authority policies on tangata whenua participation differed considerably from Maori aspirations set out in iwi management plans. Moreover, amongst local authorities, consultation with tangata whenua on consent applications has been inconsistent. Contestability was identified as creating few opportunities for Maori participation in the resource consent process. In addition, consultation, developing new working relationships, funding, Treaty obligations, and level of skills were identified as potential negative aspects of contestability. The research recommends the use of several existing provisions (ss 33 and 34) of the Resource Management Act as alternatives to contestability. If used effectively, these mechanisms could improve tangata whenua participation in resource management processes. The thesis considers that the proposal to introduce any form of contestability in the consent process requires further research concerning the consequences for Maori participation in the consent process.
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    Environmental dispute resolution and consultation within the RMA : a case study : the Fitzherbert Avenue, cross river transportation dispute : a thesis presented in partial fulfilment of the Master of Philosophy in Resource and Environmental Planning at Massey University
    (Massey University, 1988) Johnston, Jane Ellen
    This thesis examines how democratically described new and revolutionary ideas came to be elucidated in the resource and environmental management framework provided within the Resource Management Act, 1991, and considers how they are given effect in current planning practice. The research focuses on consultation which seeks to resolve environmental disputes not only to achieve sustainable environment outcomes in an ecological sense, but also to give greater expression to democratic principles. This research undertaking is in response to a continually reiterated need to evaluate the effectiveness of planning practice in achieving its aims, together with a necessity to then take appropriate responses to the results of the evaluation, for instance as found within the Resource Management Law Reform reports of the 1980's, in planning publications, as well as in the Resource Management Act, 1991, itself. This thesis identifies the principles and objectives intended and anticipated to be realized through public participatory planning and environmental dispute resolution processes. It provides a theoretical framework for consideration of consultation and environmental dispute resolution processes, as it explores theory informing the characteristics of environmental disputes, and also the different types of consultation process able to be utilized for dispute resolution. The efficacy of resource and environmental management in achieving the principles underpinning, and objectives of, public participation in EDR processes is evaluated by consideration of participant perspectives of consultation processes. This research identifies and analyzes the benefits and strengths, problems and limitations experienced by participants in a variety of EDR processes that were employed to resolve a particular dispute - the 'Fitzherbert Avenue - cross river transportation dispute' - in Palmerston North, as a case study. An analysis between expectations and experience is extrapolated into an indicator of whether these EDR processes are achieving the RMA's intentions, in terms of the principles and objectives which necessitate public consultation. This research also provides some explanation for the experiences of participants, thereby indicating how and why the underlying principles and objectives are or are not being met. The research conclusions address the question, 'how well were the principles and objectives of consultation, within the context of the RMA, given effect or realised in practice?'. In drawing conclusions this thesis explores the uniqueness of a case study, but also identifies RMA implementation issues of more general relevance and interest. Analysis of generic RMA implementation issues describes consistent themes that indicate more needs to be done to effectively achieve the objectives of the RMA, as there are concerns about the abilities of planning practice and those responsible for implementing the Act to realise all its intentions. Concerns of relevance to consultation processes are discussed and suggestions for improving practical implementation of the RMA are made.