Submission On Publicly Nofied Noce Of Requirement Minister .

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Submission on Publicly No fied No ce of RequirementMinister of Correc ons – Waikeria Prison Expansion ProjectSec on 96 of the Resource Management Act 1991To (hard copy or post):Otorohanga District Councilc/- Rice Resources Limited, PO Box 431, Waikato Mail Centre. Hamilton 3240 A n: Steve RiceOr email this submission to Council at: info@riceres.co.nzOr fax this submission to Council at: (07) 846 5269Submissions close at 5pm on 25 May 2017Duncan AllanName of submi er:Select one:I am/am not a trade compe tor for the purposes of sec on 308B of the Resource Management Act 1991.Select one:I am/am not direct affected by an effect of the subject ma er of the submission that(a) Adversely affects the environment; and(b) Does not relate to trade compe on or the effects of trade compe on.My submission is:Support parts or all of ‡Oppose parts or all of ‡are neutral parts or all of ‡Include –ƒ Reasons for my submission are:Please see attached document for submissionsPage1 of 3

I seek the following recommendation from the Council on the Notice of Requirement: (give precise details,including the parts of the application you wish to have amended and the general nature of any conditions soughtI seek that the Territorial Authority recommend to the Applicant that the notice be withdrawn. Alternatively I seek that theTerritorialAuthority recommend conditions be imposed that provide for significant increases in rehabilitation andreintegration programmes, training programmes, access to healthcare, access to whanau, and other improvements that ensurethe adverse effects of imprisonment on all Māori prisoners are adequaltely avoided, remedied, or mitigated.The reasons for this recommendation are set out in my submissions attached.Have you attached additional pages?YES / NO (circle correct response)21If Yes (above) how many pagesHearing:I do wish to be heard in support of my submission(this means that you will speak at the hearing)If others make a similar submission I will consider presenting a joint case with them at thehearing.I do not wish to be heard in support of my submission(this means that you will not be advised of the date of the hearing and will not speak at the hearing)You must tick one of the boxes above, otherwise it will be deemed that you do not wish to be heard and we will notadvise you of the date of the hearing.I have served a copy of my submission on the applicant.(this is required by section 96(6) (b) of the Resource Management Act 1991)Signature:25/05/17Signature of submitter: Date(or the person authorised to sign on behalf of submitter)Notes to submitter:You must serve a copy of your submission on the Minister of Corrections as soon as reasonably practicable after you haveserved your submission on the consent authority. The address for service is Boffa Miskell Ltd, P O Box 91250, Auckland1142 – Attention: Sharon Dines (Email: Sharon.dines@boffamiskell.co.nz)If you make your submission by electronic means, a signature is not required.For more information on making a submission please refer to the website: www.mfe.govt.nzNote that your submission is public information and will be subject to release under the Local Government OfficialInformation and Meetings Act 1987.Privacy informationPage 2 of 3

The above information you have provided on this form is required so that your submission can be processed under the Resource Management Act 1991. Theinformation will be stored on a public register and held by the Councils, and may also be made available to the public on the Council’s website. In addition, any ongoing communications between you and the Councils will be held at Council’s offices and may also be accessed upon request by a third party. Access to thisinformation is administered in accordance with the Local Government Official Information and Meetings Act 1987 and the Privacy Act 1993. If you have anyconcerns about this, please discuss with a Council Planner prior to lodging your submission. If you would like to request access to, or correction of your details,please contact the relevant Council.Please ensure following submitter details are completed.Submitter details required for administrative purposes (this page must be completed):Duncan AllanName of submitter: .37 Mandalay Terrace, Khandallah, Wellington 6035Postal address for service: .0220432394Phone: .Mobile: duncanallan2@gmail.comEmail: .Duncan AllanContact person: Page 3 of 3

Submission on Publicly Notified Notice of RequirementMinister of Corrections – Waikeria Prison Expansion Project - Duncan Allan25 May 2017Otorohanga District CouncilC/- Rice Resources LimitedEmail: info@riceres.co.nzSubmitted by emailSubmission on Publicly Notified Notice of RequirementMinister of Corrections – Waikeria Prison Expansion Project1. My name is Duncan Allan. I have been active in the criminal justice sectorfor the past 6 years and have an interest in prison reform including:(a) Previously running the Restorative Justice Services Wellington Trustfor two and a half years (now merged with Community Law Wellingtonand Hutt Valley).(b) Previously employed by Community Law Wellington and Hutt Valleyon a fixed-term contract to write “Lag Law”, a legal guide for prisoners.(c) Previously assisting Te Runanganui o Taranaki Whanui to set up andrun an Iwi Justice Panel for first offenders given pre-charge warnings.2. I oppose all of the Application.Summary of position3. The purpose of the Resource Management Act 1991 (RMA) is thesustainable management of natural and physical resources. The use anddevelopment of these resources must be done in a way that enablespeople and communities to provide for their social, economic, and culturalwell-being and for their health and safety, while avoiding, remedying, ormitigating any adverse effects of activities on the environment.14. The definition of environment includes ecosystems and their constituentparts, including people and communities, as well as the social, economic,aesthetic, and cultural conditions which affect people and communities.212Section 5.Section 2.1

Submission on Publicly Notified Notice of RequirementMinister of Corrections – Waikeria Prison Expansion Project - Duncan Allan5. Māori prisoners and their whanau are disproportionately affected byimprisonment.6. Māori prisoners and their whanau are a part of the environment under theRMA definition. This is supported by a holistic Māori worldview and byss 6-8 of the RMA, which provide for the relationship of Māori and theirculture and traditions and other taonga,3 kaitiakitanga,4 and the principlesof the Treaty of Waitangi.57. The Department of Corrections (Corrections) has failed to give adequateconsideration under s 171(1)(b) of the RMA by failing to consult withprisoners and their whanau and by not giving adequate weighting to theeffects on prisoners and their whanau.8. The designation is not reasonably necessary under s 171(1)(c) forachieving objectives 4, 6 and 7 of Corrections specific objectives for theWaikeria Prison expansion.9. Considerations under s 171(1) are subject to Part 2 of the RMA. Overall,a notice of requirement must meet the purpose of promoting thesustainable management of natural and physical resources. 6 A prisonconstructed under a ‘business as usual’ approach cannot meet thesustainable management requirements under Part 2 of the RMA, due tothe adverse effects on Māori prisoners and their whanau.10. I oppose the Application and seek that the Territorial Authority recommendto the requiring authority that the Application be:(a) Withdrawn; or(b) If the Territorial Authority is not prepared to recommend withdrawal,recommend conditions be imposed that provide for significantincreases in rehabilitation and reintegration programmes, trainingprogrammes, access to healthcare, access to whanau, and otherimprovements that ensure the adverse effects on all Māori prisonersare sufficiently mitigated.3Section 6.Section 7.5Section 8.6Final Report and Decision of the Board of Inquiry into the Proposed Men’s Correctional Facility atWiri EPA 0056, September 2011, at [19].42

Submission on Publicly Notified Notice of RequirementMinister of Corrections – Waikeria Prison Expansion Project - Duncan AllanMāori as a part of the environment11. The definition of environment in the RMA7 includes “ecosystems and theirconstituent parts, including people and communities” and “the social,economic, aesthetic, and cultural conditions which affect” people andcommunities.12. Section 5 of the Interpretation Act 1999 provides that the meaning of anenactment must be ascertained from its text and in light of its purpose.13. The text of s 2 of the RMA clearly states that people are part of thedefinition of environment, but isn’t particularly helpful in defining to whatdegree the effect on people sould be taken into account as a part of theenvironment.14. The purpose of the RMA is to promote the sustainable management ofnatural and physical resources.8 While natural and physical resources donot specifically include people, the issue is whether those natural andphysical resources can be managed in a way that avoids, remedy’s ormitigate’s adverse effects on the environment.15. This implies that the use and development of resources must enablepeople and communities to provide for their social, economic and culturalwellbeing, while also avoiding, remedying, or mitigating adverse effects onpeople and communities.16. In Zdrahal v Wellington City Council,9 the High Court held that people mustbe taken into account when assessing adverse effects on the environment.The Court stated:10The environment in this sense is more than the physical surroundings, theobjects and substances which are in the vicinity. With its emphasis on peopleand communities, which must be the people in the communities, the resourcemanagement legislation intends that the environment includes the people, andmust give them in this particular context predominant significance.Environment, in its definition in the Act, includes people and the social,economic, aesthetic and cultural conditions which affect people.7Section 2.Section 5.9Zdrahal v Wellington City Council [1994] HC, 2 HRNZ 196.10At 206.83

Submission on Publicly Notified Notice of RequirementMinister of Corrections – Waikeria Prison Expansion Project - Duncan Allan17. Zdrahal was dealing with a section 17 application and gave a widedefinition of when section 17 might apply.11 While further case law hasnarrowed the application of section 17 to matters contained in Part 2 of theRMA, the definition of environment is not affected by that narrowing andremains unchallenged.18. Cook Island Community Centre v Hastings District Council12 concerned anapplication to establish a funeral home close to a Cook Islands communitycentre and the effect it would have on the deeply held beliefs of the CookIsland community regarding reverence for the dead. The Planning Tribunaldiscussed the definition of ‘effect’ and ‘people and communities’.Regarding the ‘effect’, the Tribunal held:13We have no difficulty in holding that there is an effect within the meaning ofthe Act. It is not an effect caused by hypersensitivity on the part of the CookIslands community but is one which can be readily understood in relation toany culture which holds reverence for the dead.19. The Tribunal then stated that there was clearly an effect on the‘environment’:14We find however that the word “ecosystem” which is inclusive of peoples andcommunities by definition is intended to encompass activities such as thosecarried on by the Cook Island communities. The definition of environment thengoes on in subs.(d) to include within the broader eco-system definition thesocial, economic, aesthetic and cultural conditions . We thus hold that the effect of the funeral parlour upon the activities of theCook Island community is an effect upon an environment as contemplated bythe provisions of the Act.20. The Māori worldview is consistent with the idea that people are a part of,and not separate from, the environment. When looking at the Act througha Māori viewpoint, there is nothing in the light of the text and purpose ofthe Act that goes against the notion that a new prison (the physicalresource) must be built in a way that avoids, remedy’s or mitigates theadverse effect on prisoners.21. The notion of seeing people as distinct from the environment is apredominantly Pākehā, or ‘western’ view. People can have positive andnegative effects on the environment, but are not a part of the environmentthemselves.11At 205.Cook Islands Community Centre Inc v Hastings District Council [1994] NZPT 19/94.13At 5.14At 6.124

Submission on Publicly Notified Notice of RequirementMinister of Corrections – Waikeria Prison Expansion Project - Duncan Allan22. For Māori, however, Papatuanuku (Earth mother) is a living organismwhich links the physical world through a symbiotic relationship. All life isinterwoven and each species contributes to the welfare of each other, inturn sustaining Papatuanuku.15 People have a kaitiaki role with theirenvironment, but this is more than just being ‘caretakers’. Instead, Māoriidentify as part of the environment itself.16 Carwyn Jones explains theimplications of this worldview:17Within such a framework it is the basic balance in the spiritual, emotional,physical or social well-being of the individual or whanau that needs to bemaintained, with reference to fundamental values such as whanaungatanga,mana, utu, tapu and noa. Tikanga directs that the way to maintain thisbalance is through acknowledging the links between all forces and allcon

Submission on Publicly Nofied Noce of Requirement Minister of Correcons – Waikeria Prison Expansion Project Secon 96 of the Resource Management Act 1991 To (hard copy or post): Otorohanga District Council c/- Rice Resources Limited, PO Box 431, Waikato Mail Centre. Hamilton 3240 An: Steve Rice Or email this submission to Council at: info@riceres.co.nz Or fax this submission to Council at .