While there is no specific obligation on the part of any
applicant to consult directly with tangata whenua (people of the land), recent
cases highlight the need to engage in active consultation in order to avoid
serious objections and delay, particularly where a proposal may affect the
matters referred to in section 6(e) (Waahi tapu/sacred places) and 7(a)
(KaitiakitangaiGuardianship) of the RMA.

The Environment Court has shown
some sympathy for tangata whenua where waahi tapu and other significant matters
of cultural concern are at risk because of a proposed development. There are
several practical steps that can be taken to minimise the potential for serious
objection including:
knowing who to contact and how
to contact them;
demonstrating empathy for the
concerns of tangata whenua;
engaging in proactive
consultation, for example meeting at a time and a place that is suitable to
tangata whenua, and a preparedness to meet the costs of tangata whenua
etc;
demonstrate an awareness of
tangata whenua issues; being aware of the types of mechanisms that are available
to remedy, avoid etc adverse effects on matters of concern to tangata
whenua.