Agenda of Komiti Māori - Thursday, 24 June 2021

Komiti Māori Minutes

20 April 2021

Komiti Māori

Ngā Meneti

Open Minutes

Commencing: Tuesday 20 April 2021, 9:36 am

Venue: Mataatua Wharenui, Te Mānuka Tūtahi Marae, 105 Muriwai Drive, Whakatāne

Heamana

Chairperson: Cr Toi Kai Rākau Iti – Host Chair/Deputy Chair

Ngā Kopounga

Members: Cr Matemoana McDonald – Komiti Māori Chair

Cr Norm Bruning

Cr Stuart Crosby

Cr Jane Nees

Cr Stacey Rose

Cr Lyall Thurston

Cr Kevin Winters

In Attendance: Bay of Plenty Regional Council: Fiona McTavish – Chief Executive, Namouta Poutasi – General Manager Strategy & Science, Kataraina O’Brien – Kaiwhakahaere Te Kotahitanga, Sandy Hohepa, Rawiri Bhana, Clarke Koopu – Māori Policy Advisors, Anaru Vercoe – Pou Whainga Principal Advisor, Gina Mohi – Pūtaiao Mātauranga, Reuben Gardiner – Senior Planner Water Policy, Lisa Tauroa – Internal Services Officer, Ashleigh Grant – Kaikarere Communications Partner, Shari Kameta – Committee Advisor

Tangata whenua/Presenters/Members of the public: Te Kei Merito, Arapeti Morrison, Eddie Sykes, Merenia Sawrey – Te Rūnanga o Ngāti Awa; Matt Te Pou – Chairman, Waimana Kaaku Tribal Authority, Willie Te Aho – Te Whānau a Apanui, Maramena Vercoe, Maxeen Newton – Ngāti Manawa, Dr Kura Paul-Burke – University of Waikato, Awhina Ngatuere – General Manager|Kaihautu, Toi Kai Rawa, Ian Morton - General Manager Operations, Toi EDA; Toni Boynton, Ida Te Pou – Waimana Kaaku; Chris Clarke – Ngāti Rangitihi, Tani Wharewera – Ngāti Hokopu; Viv Hahipene - MRMT, Stan Ratahi – Rangihouhiri Marae; Bim Skudder, Ranei Skudder – Ngāti Marukukere, Miro Araroa, Quintin Kingi - Ngāti Awa; Jolene George; Tame Iti, Te Waiora Iti, Te Rangimoano Iti – Te Māhurehure Hapū, Maia Warren -Te Moana a Toi Project/Whenua Māori Development Lead, Paki Nikora - Ruatoki, Danae Lee – Parliamentary Service Office of Kiritapu Allan, Ngarangi Chapman

Ngā Hōnea

Apologies: Cr Bill Clark, Chairman Doug Leeder, Cr David Love, Cr Paula Thompson, Cr Andrew von Dadelszen, Cr Te Taru White

Apologies from tangata whenua/members of the public: Dean Flavell – Te Maru o Kaituna River Authority Chair, Cr Wilson James - Whakatāne District Council, Te Rūnanga o Ngāti Awa: Joe Harawira – Chairman, Tu O’Brien - Deputy Chair; Tā Hirini Moko Mead, Fiona Wiremu,

1. Opening Prayer
Karakia Whakatuwhera

A karakia was provided by kaumātua Te Kei Merito.

Kaumātua Arapeti Morrison provided a brief kōrero highlighting the environmental importance of sustaining the Te Mana o Te Wai and whenua, which Ngāti Awa were pursuing to maintain and achieve.

2. Host Chair to Preside
Ko te Māngai ā-Rohe te Heamana

Cr Iti expressed thanks to Ngāti Awa kaumātua and tangata whenua for their manaaki in hosting the meeting. He welcomed participants to the first meeting of Komiti Māori under its new Terms of Reference as a committee of the whole Council, being the first step towards growing its partnership with Māori, and provided an introduction to councillors who were in attendance.

Kaumātua Te Kei Merito and Arapeti Morrison were invited to join the table in acknowledgement of their mana as Ngāti Awa kaumātua.

3. Apologies
Ngā Hōnea

Resolved

That the Komiti Māori:

1 Accepts the apologies from Chairman Doug Leeder, Cr David Love, Cr Paula Thompson, Cr Andrew von Dadelszen, Cr Te Taru White and Cr Bill Clark tendered at the meeting.

McDonald/Rose

CARRIED

4. Order of Business
Raupapa o Ngā Take

Noted the following changes to the order of business:

· Item 7.3, Papakāinga Housing Initiative would be received before Item 7.2 to accommodate the early departure of the presenter.

· The following items were withdrawn from the agenda due to the unavailability of the guest speakers:

o Item 8.2, Update from Te Maru O Kaituna River Authority Chair

o Item 8.5, Introduction to Nikora Heitia Senior Treaty Advisor, Department of Conservation. It was noted that Paul Warbrick, Kaihautu, Whakatāne District Council had been invited to make a brief introduction also, but was unavailable to attend the meeting.

o Item 9.5, Chairperson’s Report - the anticipated signing of the Relationship Protocol between Toi Moana and Te Whare Wānanga o Awanuiārangi would be deferred to a future meeting.

5. Declaration of Conflicts of Interest
Whakapuakanga o Ngā Take Whai Taha-Rua

None declared.

6. Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti

6.1

Komiti Māori Minutes - 8 December 2020

Resolved

That the Komiti Māori:

1 Confirms the Komiti Māori Minutes - 8 December 2020 as a true and correct record.

Rose/McDonald

CARRIED

7. Presentations
Whakaaturanga

7.1

Te Rūnanga o Ngāti Awa - Korehāhā Whakahau Predator Eradication Project

Presentation - Koreha Whakahau: Objective ID A3781652

Presented by: Merenia Sawrey, supported by Eddie Sykes and kaumātua Te Kei Merito

The presentation was an update on a previous presentation provided to Komiti Māori on 25 August 2020.

Key Points:

· Genesis and vision of the Project was to create and sustain a pristine ecological corridor within Ngāti Awa’s rohe due to the loss of ecological values primarily from possum predation.

· Provided a translation of the project’s name Korehāhā (eradication) Whakahau (imperatives).

· The 5-year project was the first Iwi-led Predator Free 2050 project to secure Government Jobs for Nature funding.

· Project focus was to eradicate possums from 4,700 hectares of land within Whakatāne, Ōhope and Ōhiwa utilising water boundaries as a natural barrier.

· The Project had partnered with Zero Invasive Predators to eradicate without the use of poisons.

· Project benefits and highlights from the first six months were:

o People being at the centre of the project

o 16 new roles created, providing jobs for eight previously unemployed

o Building capability, confidence, inspiration, excitement and whānau wrap around support for the project workforce and rangatahi

o Environmental outcomes using Ngāti Awa mātauranga indicators

o Building foundations for operational planning, brand development and communication and engagement strategy

o Utilising live and automated ZIP technology for a more efficient system of pest control and evidence based reporting

o Partnered with Kauae Raro Research Collective to create a palate brand to deepen the unique perspective and story of the project.

· The Project was a catalyst for avoiding the use of 1080 and seen as a tool for effecting change.

In Response to Questions:

· Long-term goal beyond the 5-year Government funding was to provide necessary skills and experience for the project team to pursue other roles and project opportunities.

· No wallaby had been detected within the eradication boundary.

· Ngāti Awa were developing a programme with Ngāti Awa kura kaupapa to work with in Term 2 and 3. A teacher from Te Kura o Te Paroa who was on a 6-month science scholarship was part of the project which their learnings could be taken back to the kura.

7.2

Papakāinga Housing Initiative

Presentation - Te Waimana Kaaku Tribal Executive: Objective ID A3783567

Presented by: Matt Te Pou, Te Waimana Kaaku Tribal Authority Chairman supported by Willie Te Aho

Key Points:

· Vision, mission and priorities for Te Waimana Kaaku (TWK) were to flourish and excel; develop independence/Iwi inter-dependence; a thriving culture and identity; Waimana-led Tūhoe education system; raise standard of living/housing and to promote sustainable economic growth and prosperity.

· Outlined the economic and investment strategy developed to support hapū and rangatahi aspirations to build a workforce and support employment and housing on marae/hapū owned whenua.

· Implementation involved:

o Feasibility studies, capacity building and education

o Individual employment skills and marae/hapū training

o Finding jobs, improving living standards, social and health outcomes

o Commerical ventures to generate capital investment

o Whenua enhancement investment for hapū business

· TWK Trust housing assessment statistics were undertaken with 78 whānau resulting in implementing a housing repair programme.

· Marae/hapū work streams were investigating land utilisation initiatives, supported by Willie Te Aho, Maia Warren (Te Moana a Toi Project/Whenua Māori Development Lead) and had included marae-hosted hui to look at existing initiatives within Te Whānau a Apanui.

· Obtaining a licence to occupy and infrastructure required building trust and collective coordination of hui held on marae with whanau/land trusts, the Māori Land Court and Te Puni Kokiri.

· Management of waterways were hapū/marae-led, rather than Iwi-led.

· Sought a strengthening of relationships between Toi Moana, TWK and hapū to assist with future consenting of development initiatives.

Key Points - Members:

· Recognised that housing was a significant national issue that affected community wellbeing.

7.3

Shellfish Restoration in Ōhiwa Harbour

Presentation - Shellfish Restoration in Ōhiwa Harbour: Objective ID A3781659

Presented by: Dr Kura Paul-Burke, Associate Professor Matai Moana - Marine Research, University of Waikato

Key Points:

· Ōhiwa harbour was an estuarine lagoon and home to substantial fish, bird and shellfish species and culturally significant to iwi.

· Green lipped mussels were ecologically important to the harbour, however their abundance had diminished significantly over time.

· A mussel restoration study had begun in 2007 to investigate the state of mussels in the harbour with further surveys carried out in 2009 and 2013.

· Place-based intergenerational Mātauranga Māori knowledge had mapped mussel beds on the western side of the harbour in 2009.

· The significant decline in the mussel populations since 2007 was a result of significant seastar populations and predation.

· Seastar were a native keystone species and a voracious predator.

· The Awhi Mai Awhi Atu project had secured Sustainable Seas funding to look at mussel restoration and management of seastars utilising western science and Mātauranga Māori.

· Four restoration stations had been installed in the harbour using natural fibre woven mussel spat lines, thus reducing the use of microplastics.

· Successful mussel recruitment was achieved with three new beds in 2018/19 and 2020/21 and growth in species in the mid-water column.

· The Pātangaroa (seastar) Project had secured funding to look at product viability of seastars with an aspiration to further support mussel restoration.

· The Project had involved hapū/iwi and building capability of rangatahi.

· Highlighted the importance of kaitiakitanga practice and the relationship between biodiversity and cultural diversity to sustain ecological systems.

In Response to Questions:

· Research study would investigate if there was a relationship between algae blooms and seastars.

· Potential impact from seastars on aquaculture farms was possible. While seastars were bottom dwellers, they had the potential to climb if there was something substantial to latch onto.

Items for Staff Follow Up:

· Cr McDonald invited Dr Paul-Burke to present to the Tauranga Moana Advisory Group at a future meeting on the research study work.

12:30 pm – the meeting adjourned.

1:05 pm – the meeting reconvened.

8. Verbal Updates
Whakahoutanga Kōrero

8.1

Update from Rangitāiki River Forum Chair

Presentation - Update on the Rangitaiki River Forum: Objective ID A3780695

Presented by: Maramena Vercoe, Rangitaiki River Forum Chair

Key Points:

· Provided background on:

o Formation of the Rangitāiki River Forum (Forum) in relation to Ngāti Manawa’s concerns regarding Crown methods for natural resource management, and kaitiaki responsibilities for the catchment/tupuna.

o Co-governance arrangement which had been a mechanism for the iwi to deliver kaitiaki responsibilities and reconnect with natural resources and ancestral knowledge of the awa and catchment.

o Capability/capacity levels and learnings during the Forum’s early stages.

o Collective aspirations that have bound the Forum together as a group.

o Key milestones since 2012 had included the launch of Te Ara Whanui o Rangitāiki – River Document, Regional Policy Statement plan change, building of capability and goodwill, finding the Forum’s identity and role as the voice of the awa and catchment.

· The Forum did not replace whanau/hapū/iwi autonomy, nor their individual relationships with the councils.

· Future work considerations would include a work programme and support sought to consider and incorporate Te Mana o Te Wai policy matters, RMA reforms, dam reconsenting, longfin tuna habitat and protection, supporting whānau, hapū and iwi kōrero and working smarter with the councils and other fora.

In Response to Questions:

· Due to personnel changes with Trustpower Limited, no updates had been provided recently to the Forum on the trap and transfer operation or the fish transfer prototype at Matahina Dam.

Key Points - Members:

· Recognised the presentation and the submission to the Regional Council Toi Moana’s Long Term Plan on behalf of the Forum.

Order of Business

The Chair advised that Item 9.1 Chairperson’s Report would be received next to accommodate the early departure of some councillors.

9. Reports
Ngā Pūrongo

9.1

Chairperson's Report

Presented by: Kataraina O’Brien, Kotahitanga – Strategic Engagement Manager

Introduced Anaru Vercoe – Pou Whainga Principal Advisor who provided an update on a key kaupapa within the report regarding engaging with Māori on the Essential Freshwater Policy Programme (EFPP).

Key Points - Staff:

· The EFPP was Council’s primary project to implement the National Policy for Freshwater Management (NPSFM 2020).

· NPSFM 2020 incorporated key aspects for mahinga kai as a compulsory value of the National Objectives Framework for setting water quality limits, which had implications for monitoring, integrating Mātauranga Māori and involvement of tangata whenua within the policy setting framework.

· Staff had engaged with approximately 40 iwi entities and wished to engage with other iwi/hapū/Māori.

· The statutory timeframe to publicly notify a plan change to implement the NPSFM 2020 was by December 2024, however Council had made a decision to notify a plan change by July 2024.

· Information was available on Te Hononga: the Regional Māori Engagement Plan for Implementing the NPSFM 2020 which included engagement approaches for tangata whenua to consider how they would like to be involved in the EFPP.

Resolved

That the Komiti Māori:

1 Receives the report, Chairperson's Report.

Rose/Crosby

CARRIED

10. Verbal Updates (Continued)
Whakahoutanga Kōrero

10.1

Update from Toi Kai Rawa

Presentation - Toi Kai Rawa April 2021 Update - Regional Maori Economic Development: Objective ID A3781653

Presented by: Awhina Ngatuere, General Manager | Kaihautū, Toi Kai Rawa

Key Points:

· Toi Kai Rawa (TKR) were the only kaupapa-Māori organisation working on regional Māori economic development.

· The Bay of Plenty region had a unique Māori profile of which Māori were key stakeholders to regional growth, but over-represented in all negative socio-economic indicators.

· Transformation of the Māori economy required integration, connectivity and enduring solutions that were Māori-designed and led.

· Bay of Plenty Regional Council had co-invested in TKR to support their work plan and activities to amplify economic development efforts.

· Key 2020/21 highlights included: team recruitment, 21 projects for completion by June 2021 reaching over 5,000 people, strategic scoping of opportunities for Māori, and a Customer Relationship Management system for essential infrastructure for connectivity.

· Three key focus areas for TKR were: social procurement, unlocking whenua Māori and community innovation hubs, which TKR had submitted to Regional Council’s Long Term Plan for funding to accelerate strategic goals.

· A critical success factor would be to support the development of sub-regional Māori businesses; clusters to assist with whenua Māori services; and setup 30 digital kura Māori communities with technology capability.

10.2

Update from Toi EDA - Digital Connectivity Project

Presented by: Ian Morton, General Manager Operations, Toi EDA

Key Points:

· Wiremu Doherty had been recently appointed as Toi EDA’s Chair.

· Toi-EDA’s key focus areas were a winning brand; sustainable economic development; high value horticulture; industrialisation at Kawerau; tourism re-development and aquaculture development in Ōpōtiki.

· Covid-19 had highlighted a lack of digital access within communities across the Eastern Bay of Plenty (EBOP) and Aotearoa, and Toi EDA had facilitated a group comprising iwi, councils, ministries, agencies, businesses and service providers to identify solutions.

· As a result of successful trials (e.g. Te Aka Toitu) to install wifi towers within a number of low-decile schools to enable community access to wifi, a proposal had been lodged with Central Government to fully fund wifi towers at 27 schools across the EBOP and connection to 1,500 homes, along with providing community training.

In Response to Questions:

· Technology advancements over the last five years, such as microwave technology and unified networks had removed some of the line of sight issues experienced in remote areas.

· A component of the proposal to Central Government funding included utilising Te Aka Toitu Charitable Trust community advisors to support community training.

11. Open Forum

11.1

Sub-Division Development at Opihi Whanaungakore

Presented by: Quintin Kingi

Key Points:

· Highlighted the concerns, opposition and mamae of Ngāti Awa iwi and rangatahi regarding Whakatāne District Council’s proposed sub-division development at Bunyan Road/Opihi land block at Whakatāne.

· Provided background on the highly sacred and ancient wahi tapu site and urupa Opihi Whanaungakore.

· Supported the need for economic progress, but not at the expense of degrading the cultural integrity of the urupa.

· The iwi and Opihi Whanaungakore Trust hoped to receive a resolution from the appeal that had been lodged with the Whakatane District Council.

2:15 pm – Cr Thurston and Cr Rose exited the meeting.

· Kaumātua Te Kei Merito provided historical background on the area and urupa at Opihi and applauded Opihi Whanaungakore Trustees for pursuing the appeal against the housing development to uphold the integrity of the sacred site.

Items for Staff Follow Up:

· Provide a report to the next meeting of Komiti Māori hui regarding the status of matters pertaining to the proposed sub-division development at Opihi and potential implications it may have for the Bay of Plenty Regional Coastal Environment Plan.

11.2

Paki Nikora

Key Points:

· Mr Nikora brought attention to Regional Council, in his capacity as Chairman of Rūātoki Farms and Land Trusts Collective, Vice Chairman of the Tūhoe Council of Elders, Chair of Tataiwhetu Trust and Tauarau Marae/Ngāti Rongo Hapū and spokesperson for six other hapū, that the groups had withdrawn Tūhoe Te Uru Taumatua’s mandate to represent them on any matters.

· Under Te Tiriti o Waitangi, whānau/hapū retained their tino rangatiratanga (autonomy) over their lands, whānau and taonga, which post-Settlement Government Entities did not override.

· In regard to changing habitats within the Ohiwa harbour and rivers, sought consideration from the Regional Council on clear fill harvesting of exotic forests.

11.3

Rua Kenana Syposium Presentation Overview

Presentation - Rua Kenana Symposium 3 April 2021: Objective ID A3781657

Tabled Document 1 - Rua Kenana Sympoisum Publications - covers references only: Objective ID A3791358

Presented by: Professor Taiarahia Black

Key Points:

· The Rua Kenana symposium was the first of a series of three and was held (and livestreamed) at Tuapou Marae, Matahī Valley, Waimana on Saturday 3 April 2021.

· Objectives were to celebrate the signing of the two Rua Kenana statutory pardons 2017 and 2019; present a landmark retrospective exhibition of taonga; and the launch of several publications (refer tabled document).

· The Symposium’s purpose was to celebrate a renewed connection to existing and new Reo Rangahau (research) knowledge, creativity and reclamation.

· Oral evidence had been produced by four Masters students and 10 PhD theses.

· Aspirations were to revitalise te reo Māori; restore knowledge; creativity and develop a research strategy to generate Reo Rangahau - Research.

Key Points - Members:

· Thanked Professor Black for his presentation and acknowledged the oral history and evidence presented and Regional Council’s obligation to take into account Mātauranga Māori.

12. Further Consideration from the Chair

12.1

Items for Staff Follow-Up

· Provide a report to the next meeting of Komiti Māori on Council’s policy for the flying of the Tino Rangatiratanga flag at Council offices and ability for it to be flown at all times.

· Explore provision for Te Reo Māori interpretation services for councillors at future Komiti Māori hui on marae.

13. Closing Prayer
Karakia Whakakapi

A karakia was provided by kaumātua Arapeti Anderson.

3:09 pm – the meeting closed.

Confirmed

Cr Matemoana McDonald

Chairperson, Komiti Māori



Pūrongo Ki: Report To:	Komiti Māori
Rā Hui: Meeting Date:	24 June 2021
Kaituhi Pūrongo: Report Writer:	Kataraina O'Brien, Kotahitanga - Strategic Engagement Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Kaupapa: Purpose:	To provide information and updates on matters of interest to Komiti Māori.

Chairperson's Report

Whakarāpopototanga
Executive Summary

This report covers three kaupapa. The first kaupapa seeks to extend Council’s existing policy of flying the Māori flag on special occasions only, to flying the Māori flag on a daily basis.

The second kaupapa is a brief summary of Te Uepu, Pāpāmoa Hills Co-governance group which had its inaugural meeting on 7^th May 2021.

The final kaupapa provides background into the Opihi Block subdivision located at 77 Bunyan Road, Whakatāne.

Ngā tūtohutanga
Recommendations

That the Komiti Māori:

1 Receives the report, Chairperson's Report.

That Komiti Māori recommends that the Strategy and Policy Committee:

1 Agrees to amend Council’s existing policy to fly the National Māori flag at Toi Moana Regional Council every day.

1. Kupu Whakataki
Introduction

1.1 Komiti Māori Update

At the Regional Council meeting held 1 April 2021, changes were unanimously approved to enhance the Terms of Reference for Komiti Māori. Key amendments include Komiti Māori becoming a full committee of Council whereby all Councillors are members.

Its role is to provide leadership to the Bay of Plenty Regional Council (BOPRC) on enhancing the kaupapa of shared decision-making with Māori across all aspects of Council’s work. It will also drive enhancements to Council’s responsiveness to Māori (including monitoring and reporting) and to ensure compliance with its obligations to Māori under legislation.

Komiti Māori will rotate its bi-monthly meetings between Council offices and marae across the region.

1.2 Te Hāngai ki te Pou Tarāwaho Rautaki
Alignment with Strategic Framework

Freshwater for Life	We recognise and provide for Te Mana o Te Wai (intrinsic value of water).
The Way We Work	We honour our obligations to Māori.

2. Kaupapa Tuarua: New Zealand Māori Flag

2.1 Option to fly the National Māori Flag on a daily basis

At the last Komiti Māori hui held on 23 February 2021 at Te Mānuka Tūtahi Marae, Whakatāne, a request was made by Councillor Toi Kai Rākau Iti for staff to investigate the option of flying the National Māori flag on a daily basis. Our current policy is to fly the Māori flag only on special occasions.

2.2 National Māori Flag

The NZ Māori flag (and associated New Zealand guidelines) was approved by Cabinet in 2009. Cabinet noted that the flag would fly on certain buildings and structures and sites of national significance on Waitangi Day and that a Government agency may fly the flag at their discretion on that day.

On 20April 2011, Regional Council resolved to fly the National Māori flag on occasions that are significant to Māori, at any location that the Regional Council has a flagpole.

2.3 National Principles and Guidelines

The Ministry for Māori Development and Ministry of Culture and Heritage developed national guidelines which are given full recognition under the Flags, Emblems and Names Protection Act 1981.

National guidelines set out protocols for flying the national Māori and NZ Flags.

Flying the Māori flag should be considered with the following principles that:

· respects the status of the NZ Flag as the ‘symbol of the realm;

· expresses a spirit of mutual respect and nationhood; and

· respects its status as the preferred national Māori flag.

A full copy of the protocols and guidelines can be accessed through both the Ministry of Māori Development and the Ministry of Culture & Heritage.

2.4 Māori Flag symbolises Māori Partnerships

Through legislative and regulatory reform, there is an enhanced impetus for Councils to actively seek and implement partnerships with Māori. The Māori Flag is symbolic and gives visibility to Council’s relationship with Māori.

The Local Electoral Act (Māori Wards) Amendment Act, which sparked a series of Council deliberations on the establishment of Māori wards, motivated Councils towards the value of the Māori Flag, as is the case of Nelson City Council who opted to proudly fly the National Māori flag immediately after the vote to establish Māori wards in their district.

Māori Partnerships is one of Council’s strategic priorities. Council amended the Terms of Reference for Komiti Māori to provide a framework in which partnerships and shared decision-making are a key focus. In addition the Long Term Plan process reaffirmed its support.

2.5 Summary

Council has been flying the national Māori flag for a decade. A decision to fly the flag on a daily basis would be consistent and in alignment to Council’s commitment to Māori Partnerships as a key Council priority.

Council’s Whakatāne and Tauranga offices can accommodate the Māori Flag as they have three flag poles of which only two are used on a daily basis to fly the NZ Flag and our Council flag. There are no flag poles at the Rotorua office, but these can be erected as required.

3. Kaupapa Tuatoru: Te Uepu – Pāpāmoa Hills Shared Decision-Making Group

3.1 Background

The Pāpāmoa Hills, otherwise known as Te Rae o Pāpāmoa or Te Uku o Takakopiri, are one of the most significant cultural sites in the Bay of Plenty, with a rich history of occupation and use dating back to the late 1300s.

Since 2005, Bay of Plenty Regional Council has owned the park and manages it as a regional park. The first park management plan was prepared in 2007 together with tangata whenua and it was last reviewed in 2020.

Under that plan, the vision for the park is:

3.2 Governance and Management

Given the significant Māori cultural heritage of the park it is important that Iwi/Hapū are part of the decision-making associated with the land. This was recognised earlier on in the park’s development and in 2005 a proposal was developed for a co-governance shared decision-making committee called Te Uepu to be formed with Council and tangata whenua representatives.

At that time the scope of shared decision-making was limited to management and operational matters and carried out through a Cultural Advisory Group made up of Regional Council staff and Iwi/Hapū representatives from Waitaha, Ngā Pōtiki, Ngāti Pūkenga and Ngāti He.

In 2020, an advisory sub-committee of four regional councillors was appointed to guide staff in the project’s governance. At the request of councillors and in recognition of the desire for co-governance expressed by Iwi/Hapū, it was proposed to merge the Cultural Advisory Group and the Councillor Advisory Sub-Committee into a co-governance group.

The proposal was accepted and the inaugural meeting of that entity (named Te Uepu to reflect the original 2005 proposed name) was held on Friday 7 May 2021.

Te Uepu comprises mandated representatives from Waitaha, Ngā Pōtiki, Ngāti Pūkenga and Ngāti He, alongside four regional councillors.

The group is currently working on a terms of reference to determine what its scope is, and how it should function.

4. Kaupapa Tuawha: Toi Moana involvement in Opihi Block, 77 Bunyan Road, Coastlands, Whakatāne

4.1 Summary Report

At the 20 April 2021 Komiti Māori hui a local tangata whenua and kaumātua presented concerns about the impacts of development on land adjoining the highly sacred and ancient waahi tapu site Opihi Whanaungakore urupa.

Staff were asked to report on Regional Council’s involvement in the development of Opihi Block, located at 77 Bunyan Road, Whakatāne, including implications for the Regional Coastal Environment Plan.

Regional Council’s involvement in development of the Opihi Block has included:

· Commenting on district consents for subdivision and land use development;

· Commenting on Piripai Urban Development Draft Options Report June 2012;

· Submitting on the Opihi Structure Plan provisions in the Proposed Whakatāne District Plan. This included appearing at district plan hearings, joining relevant, attending mediation, contributing experts to landscape and planning caucusing, developing the associated consent order and presenting evidence at and attending Environment Court hearings in support of the negotiated consent order; and

· Processing regional consents for large scale earthworks and associated stormwater discharges.

Most recently, on the 4 March 2021 Independent Commissioners appointed by Whakatāne District Council granted land use and subdivision consents to MMS GP Ltd for a comprehensive staged development of Opihi Block. The consent includes the creation of 240 residential lots, a retirement village lot and associated earthworks.

The Commissioners’ decision has been appealed by Te Rūnanga o Ngāti Awa, Ngāi Taiwhakaea hapū and Opihiwhanaungakore Urupa Trustees. The Environment Court has set down a hearing on 29 June to consider submissions whether the appeals are admissible and can proceed.

Regional Council commented on the various versions of earlier applications lodged by MMS GP Ltd dating back to September 2017. Regional Council opposed the initial district consent applications on the basis these were contrary to the Opihi Structure Plan. The revised district consent application by MMS GP Ltd lodged on 23 March 2020 addressed Regional Council’s earlier concerns to comply in most respects with the Opihi Structure Plan provisions. Regional Council altered its position in opposition and instead requested a number of conditions be imposed as part of the consent.

There is a protracted history concerning attempts to develop the Opihi Block since Whakatāne Borough Council took ownership in 1968. The land has been zoned residential for over 40 years now. There have been a number of regional and district resource consents granted for previous residential development proposals (subdivision, land use, earthworks) on the Opihi Block which have since lapsed.

The Opihi Block was included in the 2012 Whakatāne Integrated Urban Growth Strategy which set out options for how to approach development of the site which Regional Council commented on. Feedback on the Urban Growth Strategy helped inform the Opihi Structure Plan provisions in the Proposed Whakatāne District Plan.

The Proposed Whakatāne District Plan was publicly notified in June 2013 which included Opihi Structure Plan provisions. Regional Council submitted on the Opihi Structure Plan provisions. These provisions were subject to a variety of amendments during the Schedule 1 submissions, hearings and mediation processes before eventually being confirmed by the Environment Court in 2016.

Regional Council was an interested party to appeals on the Opihi Structure Plan provisions. Regional Council’s approach was to seek district plan provisions that give effect to the various provisions in the Regional Policy Statement and Regional Coastal Environment Plan that ensure any development is appropriate and recognises and provides for the various matters of national importance values (i.e. cultural, landscape, natural character and biodiversity) relevant to the Opihi Block.

5. Ngā Whakaarohanga
Considerations

5.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

5.2 Huringa Āhuarangi
Climate Change

There are no significant risks associated with this matter/subject/project/initiative.

5.3 Ngā Pānga ki te Māori
Implications for Māori

Flying the Māori flag is symbolic of the partnership opportunities the Council wishes to pursue, and with Council now exercising opportunities to enhance Māori capacity through partnerships, co- governance and shared-decision making, the emphasis for change has momentum.

Te Uepu (Pāpāmoa Hills) represents the progression from a tangata whenua advisory body to a co-governance entity can be achieved through meaningful participation and partnerships.

5.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Community engagement for matters in this report were not sought.

5.5 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

Tuhinga Tautoko
Attachments

Attachment 1 - Toi Moana involvement in Opihi Block - Background information ⇩

Attachment 2 - Historical Report - 77 Bunyan Road ⇩

Attachment 3 - Approved Scheme Plan for Opihi Block ⇩

Attachment 4 - MMS GP Limited Opihi Block 77 Bunyan Road Coastlands - SS-2019-8998-00 & LL-2019-8999-00 07 August 2019 ⇩

Chairperson
Notwithstanding the Komiti Māori has an appointed Chairperson, Māori Constituency Councillors may host-Chair committee meetings that are held in the rohe of their respective constituency	Cr Matemoana McDonald
Deputy Chairperson	Cr Toi Kai Rākau Iti
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Two monthly