Komiti Māori Rārangi Take (Agenda)
NOTICE IS GIVEN that the next meeting of Komiti Māori will be held at Te Papaiouru Marae, Mataiāwhea Street, Ōhinemutu, Rotorua on:
Tuesday 17 August 2021 COMMENCING AT 9.30 am
Please note: A pōwhiri will take place at 9:30 am with the meeting to start at approximately 10:00 am
Chief Executive, Bay of Plenty Regional Council Toi Moana
9 August 2021
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
Cr Toi Kai Rākau Iti
Seven members, consisting of half the number of members
To provide direction and guidance on Council’s obligations to Māori in relation to: growth of authentic partnerships with Tangata Whenua, strategic direction, emerging issues, legal requirements, effective engagement, awareness and understanding.
· First and foremost to provide leadership to Council on enhancing the kaupapa of shared decision-making with Māori across all aspects of Council’s work.
· Drive enhancements to Council’s responsiveness to Māori (including monitoring and reporting) and to ensure compliance with its obligations to Maori under legislation.
· Facilitate tangata whenua input into community outcomes, Council policy development and implementation work;
· Formally receive iwi/hapū management plans on behalf of Council;
· Identify and provide direction on any relevant emerging issues for the region relating to the principles of the Te Tiriti o Waitangi, legislative obligations to Māori under different statutes and programmes to build the capability of Māori;
· Provide direction on effective Māori engagement and on actions to enhance Māori capacity to contribute to Council’s decision-making, including recommendations for Long Term Plan funding to achieve this;
· Make submissions on Māori related matters, in conjunction with other relevant Council committees where appropriate;
· Support and promote co-governance entities;
· Recommend to Council the establishment of advisory groups or other governance mechanisms, to represent sub-region or constituency areas and/or to consider specific issues;
· Recommend to Council, and/or appropriate committees, actions to achieve the committee’s purpose and roles.
Power to Act
To make all decisions necessary to achieve the purpose and roles of Komiti Māori.
Power to Recommend
To Council and/or any standing committee as it deems appropriate.
Komiti Māori reports directly to the Regional Council.
mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.
We provide excellent governance when, individually and collectively, we:
· Trust and respect each other
· Stay strategic and focused
· Are courageous and challenge the status quo in all we do
· Listen to our stakeholders and value their input
· Listen to each other to understand various perspectives
· Act as a team who can challenge, change and add value
· Continually evaluate what we do
TREAD LIGHTLY, THINK DEEPLY,
ACT WISELY, SPEAK KINDLY.
Recommendations in reports are not to be construed as Council policy until adopted by Council.
1. Opening Prayer
3. 10:10am Opening Address by Hon Nanaia Mahuta
Raupapa o Ngā Take
5. 10:40am Presentations
5.1 Te Tatau o Te Arawa - Te Arawa 2050 Vision
Presented by: Rawiri Waru and Jude Pani
Refer section 2.1 of the Chairperson’s report for background information.
5.2 Ngāti Rangiwewehi – Kaitiakitanga in practice
Presented by: Nicki Douglas
Refer section 2.2 of the Chairperson’s report for background information.
5.3 Te Arawa Arataua (Te Arawa Primary Sector Inc)
Presented by: Bill Young and Dr Tanira Kingi
Refer section 2.3 of the Chairperson’s report for background information
5.4 Te Arawa Lakes Trust
Presented by: Mariana Te Rangi and Te Rangimariē Williams
Refer section 2.4 of the Chairperson’s report for background information.
5.5 Te Ahi Kaa Roa Roopu
Presented by: Elva Conroy and Lani Kereopa
Refer section 2.5 of the Chairperson’s report for background information.
Attachment 1 - Ngā Wai Ariki o Rotorua: He Kohikohinga 1
The meeting will adjourn at 12:00pm and resume at 12:45pm.
not on the Agenda
Ngā Take Tōmuri
of Conflicts of Interest
Whakapuakanga o Ngā Take Whai Taha-Rua
to be Confirmed
Kia Whakaūngia Ngā Meneti
8.1 Komiti Māori Minutes - 24 June 2021 1
Ngā Whakatau e Hiahiatia Ana
9.1 Chairperson's Report 1
Attachment 1 - Summary of Freshwater Engagement with Maori 1
11. Open Forum
Tuwhera ki te Iwi Whānui
A short period of time will be set aside at the conclusion of the meeting to enable tangata whenua and members of the public to raise matters. Any matters raised and the time allowed for each speaker will be at the discretion of the Chair.
No decisions can be made from matters raised in the Open Forum.
11.1 Te Arawa Taiohi Toa Update
Presented by: Harina Rupapera
Commencing: Thursday 24 June 2021 at 12:32 pm
Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga
Chairperson: Cr Matemoana McDonald
Deputy Chairperson: Cr Toi Kai Rākau Iti
Members: Cr Norm Bruning
Cr Bill Clark
Chairman Doug Leeder
Cr David Love
Cr Jane Nees
Cr Stacey Rose
Cr Paula Thompson
Cr Lyall Thurston
Cr Andrew von Dadelszen
Cr Te Taru White
Cr Kevin Winters
In Attendance: Bay of Plenty Regional Council: Kataraina O’Brien – Te Kotahitanga Strategic Engagement Manager, Namouta Poutasi – General Manager Strategy & Science, Fiona McTavish – Chief Executive, Chris Ingle – General Manager Integrated Catchments, Herewini Simpson, Clarke Koopu – Senior Advisors (Treaty), Nathan Capper – Pou Ngaio (Technical/Cultural), Gina Mohi – Pūtaiao Mātauranga, Stephen Lamb – Environmental Strategy Manager, Ashleigh Grant – Kaikarere Communications Partner, Shari Kameta – Committee Advisor
Externals: Maru Tapsell, Whareoteriri Rahiri – Te Kapu o Waitaha
Apologies: Cr Stuart Crosby
The Committee Chair advised that the public section of the meeting was being recorded and would be made available on Bay of Plenty Regional Council’s website – refer link https://www.youtube.com/watch?v=lNnU-tRvV_8.
1. Opening Prayer
A karakia was provided by Cr Te Taru White.
Cr Toi Iti provided a mihi of welcome to Te Kapu o Waitaha kaumātua/representatives who were in attendance at the meeting.
2. Public Forum
Te Kapu o Waitaha
Tabled Document 1 - BOPRC-Waitaha Working Relationship Document August 2018: Objective ID A3862549
Tabled Document 2 - Written Statement of Mr Whareoteriri Rahiri on behalf of Te Kapu o Waitaha: Objective ID A3862551
Mr Whareoteriri Rahiri and Mr Maru Tapsell presented on behalf of Te Kapu o Waitaha in relation to two matters of concern:
· The naming of Te Rae o Pāpāmoa - Pāpāmoa Hills Regional Park; and
· Appropriate recognition by BOPRC of Waitaha’s Deed of Settlement (DOS).
· Provided historical background on the naming of Te Rae o Pāpāmoa – Pāpāmoa Hills Regional Park, including other sites of significance within the Pāpāmoa area through to Te Otanewainuku.
· Noted the delay in
the tikanga process that was currently being led by
· Drew attention to the Waitaha Treaty Settlement which includes specific provision to support a relationship between Waitaha and BOPRC.
· Waitaha tabled a relationship document for this purpose, incorporating protection principles of Te Whakairinga Kōrero, deed of recognition and statutory acknowledgements as outlined within the Waitaha Claims Settlement Act 2013 (refer Tabled Document 1 and 2).
· Emphasised the importance of social capital and values that underpinned Waitaha’s Treaty Settlement documents and the need for relevant analysis.
Key Points - Members:
· Acknowledged the information that had been provided and recognised the changing landscape which BOPRC would take due consideration.
· Noted that the
tikanga process being led through Te Uepu to resolve the naming of Te Rae o
Pāpāmoa was still a work in progress, and that once
Items for Staff Follow Up:
· Request further discussion with Waitaha to explore the relationship protocol/partnership, with a view to a more engaged role with Waitaha.
That the Komiti Māori:
1 Accepts the apology from Cr Stuart Crosby tendered at the meeting.
4. Declaration of Conflicts
Whakapuakanga o Ngā Take Whai Taha-Rua
Kia Whakaūngia Ngā Meneti
Komiti Māori Minutes - 20 April 2021
That the Komiti Māori:
1 Confirms the Komiti Māori Minutes - 20 April 2021 as a true and correct record.
Ngā Whakatau e Hiahiatia Ana
Presented by: Kataraina
O’Brien – Kotahitanga Strategic Engagement Manager and
· Sought consideration from Komiti Māori to fly the national Māori Flag on a daily basis following the previous meeting request to investigate options.
· BOPRC had been the first council to adopt a policy to fly the flag on Waitangi Day in 2011, which later extended to other days of significance.
· Given the maturing landscape in Aotearoa New Zealand, and the increased focus on Partnerships with Maori as one of Council’s key strategic priorities, staff recommended the expansion of current practise, to fly the flag daily.
· Noted as a point of interest that, Nelson City Council (following its decision to establish a Māori ward) had committed to fly the NZ Māori flag as a permanent fixture, cementing its place as the first local authority to do so.
· Clarified under section 3.2 of the report (agenda page 21) that Te Uepu had moved from two separate entities (a cultural advisory group and a councillor working party) to a combined shared decision-making group.
Key Points - Members:
· Māori councillors provided their perspectives of what the Māori flag represented:
o The relationship and connection between Papatuānuku (Mother Earth), Ranginui (Sky Father/heavens), Te Ao Marama (the natural world) and all things in between, including all peoples and that nothing is separated.
o Recognition of Council’s role and partnership with Māori under Te Tiriti o Waitangi and the intention to work alongside Māori.
· Flying the NZ Māori flag had potential for polarising perceptions.
· Supported Council providing leadership for embracing Te Ao Māori, and the importance of having appropriate communication around this.
· In relation to the Opihi block development, noted the shift in culture for Māori on related issues from past to present times.
In Response to Questions:
· Regarding the naming of Te Rae o Pāpāmoa – Pāpāmoa Hills Regional Park, the tikanga process was currently sitting with the four iwi groups for response to feedback to the next meeting of Te Uepu.
· Until such time as an agreement had been reached by the iwi groups and Te Uepu, the current name for the regional park would remain.
1:43 pm – Cr Thurston withdrew from the meeting.
· Principal Advisor Nassah Steed advised in regard to the Opihi block sub-division that background information did not confirm if past trustees of the land at Opihi were the same trustees for Opihi Whanaungakore urupa, and that Court findings in 2000 had determined that the 100 acre block was not considered to be wāhi tapu.
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.
7. Closing Prayer
A karakia was provided by Cr Te Taru White.
1:45 pm – the meeting closed.
Cr Matemoana McDonald
Chairperson, Komiti Māori
17 August 2021
Michelle Hingston, Advisor - Kaupapa Maori
Kataraina O'Brien, Director, Strategic Engagement
This report provides a collective update on matters within Komiti Māori key focus and general matters of interest across the regional Māori landscape; including:
1. Background information on host marae, Te Papaiouru.
2. Tangata Whenua presentations: Te Tatau o Te Arawa, Ngāti Rangiwewehi, Te Arawa Arataua, Te Arawa Lakes Trust and Te Ahi Kaa Roa Roopu.
3. Long Term Plan 2021 – key funding decisions and kaupapa Māori submissions.
4. Draft Komiti Māori Work Plan.
5. Changing Operating Environment – update on current environment management reforms and legislative development, timing and consultation.
6. Spatial Planning Update – current spatial plan activities happening within Western Bay, Eastern Bay and Rotorua.
7. BOPRC Freshwater Engagement - update on Councils freshwater programme engagement with tangata whenua.
8. He Toka Tū Moana Scholarship – confirmation of awards.
That the Komiti Māori:
1 Receives the report, Chairperson's Report;
2 Approves the Draft Komiti Māori Work Plan (following under separate cover);
3 Approves the Partnerships with Māori Position Statement (following under separate cover).
1.1 Te Papaiouru Marae - Tamatekapua Wharenui
Ko Pukeroa te Maunga
Ko Te Rotorua-Nui-a-Kahumatamomoe te Moana
Ko Waikite te Wai Koropupū e rere atu ana ki te Ruapeka
Ko Te Arawa te Waka
Ko Tamatekapua te Whare Tupuna
Ko Whakatūria te Wharekai
Ko Te Papa-i-Ōuru te Marae
Te Papa-i-Ōuru marae is located within the papakainga of Ōhinemutu on the lakefront of Rotorua City. Six hapu of Ngāti Whakaue are associated with Te Papa-i-Ōuru marae and are collectively known as Te Koromatua o Ngāti Whakaue. This marae has existed on the same site for over 600 years and takes its name from the geothermal warmed slab of rock concealed in the area. Te Papa-i-Ōuru remains the paramount marae for all of Te Arawa for all major functions.
The whare tupuna is named Tamatekapua after the captain of Te Arawa, the waka that sailed from Taputapuatea (Ra'iatea) to Maketu over 20 generations ago. The wharekai is called Whakatūria after Tamatekapuas’ younger brother who remained in Ra'iatea with his father Houmaitawhiti. Tamatekapua meeting house was first opened in 1872 then taken down in 1939, rebuilt and reopened in 1943. Some of the carvings originated from the first Tamatekapua, that was built and stood on Mokoia Island c.1800.
2. Kaupapa Tuarua: Tangata Whenua Presentations
2.1 Te Tatau o Te Arawa - Te Arawa 2050 Vision
Presenters: Rawiri Waru & Jude Pani
Rawiri Waru and Jude Pani will present on the Te Arawa 2050 vision and the subsequent work plan that has evolved from its adoption.
In 2019, following a call from the people for a new, united, whole of Te Arawa vision, a collective made up of key decision-makers representing 16 Te Arawa mandated organisations came together to form the Te Arawa 2050 Te Matakitenga a Te Arawa to develop the Vision.
The vision embeds the history of Te Arawa into the future ensuring that the practices and traditions remain as a foundation and central to the identity of the iwi. Remembering the words of Houmaitawhiti, we can reflect on their application to our world now and we consider their relevance in terms of the strategic priorities our people have set for us - to achieve our shared vision.
Te Arawa Vision – Mauri Tū, Mauri Ora, Te Arawa E!
While the majority of Houmaitawhiti kupu ōhākī is generally agreed upon today, there are two versions of his concluding instructions that are recognised in the Te Arawa rohe: one calling on his whānau to fight until they have given their last breath; and the other, calling on his whānau to hold fast to peace in their new home.
Regardless of the version you follow, the message is still understood in the same way – we must try our best and strive for excellence.
Through the strategy Te Arawa hopes to become a major employer of iwi descendants within the next 30 years. It includes Te Arawa run businesses providing employment for its people locally, an iwi-owned bank, its own Silicon Valley and restoration of the environment.
2.2 Ngāti Rangiwewehi
Presenter: Nicki Douglas
Ngāti Rangiwewehi – “Te Wai Mimi o Pekehaua”
Ngāti Rangiwewehi are one of several iwi comprised within the Te Arawa confederation, Nga Pumanawa e Waru o Te Arawa. Ngāti Rangiwewehi have lived within the Mangorewa Kaharoa area since the time of Whakauekaipapa, a seventh generation descendent of Tamatekapua, the captain of the Te Arawa canoe.
Te Maru o Ngāti Rangiwewehi Iwi Authority
Te Maru o Ngāti Rangiwewehi (Te Maru) was established in 2000, against a backdrop of rapidly concluding Te Arawa Treaty settlements and the need to ensure appropriate structures to lead Ngāti Rangiwewehi in that space. Te Maru incorporates / co-ordinates the functions of a number of component Rangiwewehi entities, that collectively operate for the benefit of the iwi.
Te Tahuhu o Tawakeheimoa Trust
The Trust is the Iwi Post Settlement Governance Entity and established in December 2012, its purpose is to receive and hold the settlement assets from the Crown for and behalf of the Iwi. The Trust Deed objects guide the trustee’s activities and decisions to protect and grow the assets. Two key objects to establish a:
1. Commercial company, wholly owned by Te Tāhuhu, to carry out commercial activities; and
2. Community development trust.
As per the Trust Deed, the election of trustees is by rotation, held at the annual general meeting in the year of election.
Te Maru o Ngāti Rangiwewehi reconfirms that Ngāti Rangiwewehi is the kaitiaki over its traditional ancestral lands and waterways and the basis of the presentation will examine specific water issues that affect their ability to exercise kaitiakitanga over their protection and use.
2.3 Te Arawa Arataua (Te Arawa Primary Sector Inc.)
Presenters: Bill Young & Dr Tanira Kingi
Te Arawa Arataua is a collective of Te Arawa organisations including ahu whenua trusts or individuals that own, control or administer over 30,000 hectares of land utilised within the primary sector (agriculture, horticulture, forestry, geothermal) in the Bay of Plenty.
Te Arawa Arataua provides a forum for its members to discuss common issues, explore new land-use and market opportunities and participate in regional and national projects in an effort to lift performance.
Te Arawa Arataua is currently exploring how its members will position themselves to manage the impacts of a number of policy challenges including the NPSFM/Te Mana o Te Wai, He Waka Eke Noa/primary sector Climate Change challenge/RMA reform and the NPS on Indigenous Biodiversity.
The presentation will focus on the NPSFM/Te Mana o Te Wai but will also draw on the proposed He Waka Eke Noa framework on farm reporting, mitigation and farm plans. We will also outline a framework that Te Arawa Arataua is developing with BOPRC on Te Mana o Te Wai (including the application of the Manawhakahaere concept and Mahinga Kai compulsory value).
2.4 Te Arawa Lakes Trust
Presenters: Mariana Te Rangi & Te Rangimariē Williams
Te Arawa Lakes Trust (TALT) was established to represent the interests of Te Arawa hapū and iwi members in relation to the Te Arawa Lakes Settlement Act 2006.
The Te Arawa lakes include Ngahewa, Ngapouri/Opouri, Ōkāreka, Ōkaro/Ngakaro, Ōkataina, Rerewhakaaitu, Rotoiti, Rotoehu, Rotomā, Rotomahana, Rotorua, Tarawera, Tikitapu and Tutaeinanga. Three of the lakes – Ngahewa, Ngapouri/Opouri and Tutaeinanga are located in the Waikato Regional Council area.
TALT works closely with the Bay of Plenty Regional Council on a range of resource management kaupapa including lake structures and the Rotorua Te Arawa Lakes Programme.
Te Arawa Lakes presentation will focus on the following;
· Te Arawa Lakes Trust response to Te Hononga specifically focussing on the implementation of the NPSFM within their rohe and the expectations on the relationship between Te Arawa Lakes Trust and BOPRC; and
· A presentation on two specific programs; the Tarawera Collective Impact Project and the Wetlands Project managed by Te Arawa Lakes Hunga Tiaki Wetland Team.
2.5 Te Ahi Kaa Roa Roopu
Presenters: Lani Kereopa & Elva Conroy
A multi layered engagement process is being used for the development of the Rotorua System Management Plan and the review of the Rotorua Geothermal Regional Plan. This includes the establishment of ‘Te Ahi Kaa Roa Roopu’, a mana whenua working group with representatives from the villages of Ngāpuna, Whakarewarewa and Ōhinemutu, and Tarewa/Kuirau. The group was formed in January 2019 and a terms of reference was agreed, with a focus on testing ideas, and contributing expertise on Mātauranga Māori and a tangata whenua perspective on management of the system.
Te Ahi Kaa Roa have been meeting regularly since their formation, initially focussing on identification of values and issues and providing input into an ‘Issues and Options Discussion Document’ as part of wider community engagement. As a result of this engagement, in 2020 it was agreed that a Mātauranga Māori perspective on the health or Mauri of the geothermal taonga was needed to inform our understanding of long term trends in the health of the system, indicators or tohu, customary uses, and management principles. Elva Conroy (Conroy and Donaldson Consultants) was engaged to work with the Roopu and collate their views, perspectives and observations. Ms Conroy and members of the Roopu will share some of this work and present the final report, ‘Ngā wai ariki o Rotorua: He Kohikohinga’ to Komiti Māori.
‘Ngā wai ariki o Rotorua: He Kohikohinga’ outlines three principles to guide the way the system is managed. These are to ensure that geothermal planning and decision making:
· is intergenerational – for our children and mokopuna.
· reflects our place in the world – we are part of the taiao; our geothermal taonga are a living entity (not just a resource) and our tuākana.
· strives for balance and reciprocity – this means working within the natural limits of the environment and giving back (i.e. restore what is taken; take action to offset effects).
These principles alongside other key messages heard through hui, workshops and open days will inform the next phase of work focussing on the development of the Rotorua System Management Plan. It is hoped that the work of the Roopu will continue throughout this process noting that moving forward we also intend to engage more intensively with iwi and more widely with key stakeholders.
3. Kaupapa Tuatoru: Long Term Plan 2021
Council adopted its Long Term Plan 2021-2031 (LTP) on 24 June 2021 and it came into operation on 1 July 2021.
Through the formal LTP consultation period during February/March 2021, Council received a number of submissions from Māori (tangata whenua/hapū/iwi) across a range of matters. A common theme from submissions was capability and capacity challenges Māori are facing due to the increased complexity and volume of issues requiring their participation and perspectives. Key challenges of note include regulatory reform, climate change and fresh water management (Te Mana o Te Wai).
Māori submissions included a mixture of funding requests, non-monetary requests (such as seeking a partnership with Council) and support in kind (such as training, secondments, monitoring and technical support). For many of the non-monetary submitters, staff have been seeking to identify operational solutions/opportunities to address specific requests within existing budgets and staff have been in contact with a number of submitters to discuss items raised though the LTP.
Though the Deliberations and the Adoption of the LTP, Council confirmed additional funding of $1,000,000 per annum to support and enable Māori engagement for freshwater reform and also allocated additional funding to provide independent secretariat and related support for two existing co-governance entities of $200,000 per annum.
An updated work programme for Komiti Māori will be informed in part by kaupapa Māori submissions received through the LTP. The work programme is intended to drive the work of the committee and potential initiatives in the proposed work programme may include:
· Consideration of Māori Capacity and Capability being supported through the establishment of Taiao Hub or an alternative approach.
· Consideration of a Māori Well-being outcome for incorporation into the next 2024-2034 Long Term Plan.
The LTP 2021-2031 is available on Council’s website: https://www.boprc.govt.nz/your-council/plans-and-policies/long-term-plan
4. Kaupapa Tuawha: Komiti Māori Draft Work Plan
A draft work plan has been developed for Komiti Māori. The Work Plan is intended to drive the work of the committee, reflecting its designated role as Council’s lead on ‘Māori Partnerships’ – one of Council’s recently adopted strategic priorities. It will also be informed by the numerous kaupapa Māori submissions received on the Long Term Plan 2021.
The draft work plan and position statement on Māori Partnerships will be discussed at the Komiti Māori Workshop on 11 August 2021 and these will be provided under separate cover following the workshop.
5. Kaupapa Tuarima: Changing operating environment - Updates
5.1 Future of Local Government
The traditional roles and functions of Local Government are in the process of changing. The Government's work programmes are advancing to overhaul the three waters sector, and the resource management system is foremost among a suite of reform programmes that will reshape our local government system. The sector, led by Local Government New Zealand (LGNZ) and Taituarā - Local Government Professionals Aotearoa, calls for a programme of work to 'reimagine the role and function of local government', to build a sustainable system that delivers enhanced wellbeing outcomes for our communities. The overall purpose of the review is, as a result of the cumulative changes being progressed as part of the Government's reform agenda, to identify how our system of local democracy and governance needs to evolve over the next 30 years, to improve the wellbeing of New Zealand communities and the environment, and actively embody the Treaty partnership.
The Minister is specifically seeking recommendations from the review that look to achieve:
· a resilient and sustainable local government system that is fit for purpose and has the flexibility and incentives to adapt to the future needs of local communities;
· public trust/confidence in local authorities and the local regulatory system that leads to strong leadership;
· effective partnerships between mana whenua and central and local Government to better provide for the social, environmental, cultural, and economic wellbeing of communities; and
· a local government system that actively embodies the Treaty partnership, through the role and representation of iwi/Māori in local Government, and seeks to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles through its functions and processes.
The review will report to the Minister on these matters.
· 30 September 2021: an interim report presented to the Minister signalling the probable direction of the review and critical next steps.
· 30 September 2022: Draft report and recommendations to be issued for public consultation.
· 30 April 2023: Review presents a final report to the Minister and Local Government New Zealand.
5.2 Natural and Built Environments Act Exposure Draft: Consultation
Natural and Built Environments Act exposure draft: Consultation
The Government's reform of the resource management system is continuing to progress apace. The reform is based on the comprehensive review of the resource management system released last year. The changes are the most significant, broad-ranging and inclusive review of the resource management system since the Resource Management Act 1991 (RMA) was enacted. Reforms will repeal the RMA and replace it with three new pieces of legislation.
The Natural and Built Environments Act (NBA) is the core piece of legislation to replace the RMA. An exposure draft was released for public submission in June. Like the RMA, the NBA will be an integrated statute for land use and environmental protection. In addition, the NBA intends to work in tandem with the proposed Strategic Planning Act (SPA).
The NBA seeks to improve the recognition of Te Ao Māori and Te Tiriti o Waitangi by including reference to Te Oranga o te Taiao in the Act's purpose. This concept is intended to encapsulate the intergenerational importance of the health and wellbeing of the natural environment. In addition, decision-makers would be required 'to give effect to' the principles of Te Tiriti, replacing the current RMA requirement to 'take into account' those principles.
Timing – what’s next?
The Exposure Draft Public submissions closed on the 4th August 2021. The Select Committee is now working through submissions and examining the draft legislation against these. The Select Committee will then report its findings to Parliament which will inform further policy development on the reform.
Other components of the Bill that are not included in the Exposure Draft will be considered by the Ministerial Oversight Group in the second half of 2021, before being included in the full Bill. Meanwhile, the SPA Bill will be developed in parallel, it is anticipated by early 2022, complete Bills for NBA and SPA will be introduced to Parliament. At this point, there will be a second opportunity for public feedback before the Bills are passed into law by December of the same year.
5.3 Government consults on Freshwater Farm Plans
The consultation documents for freshwater farm plans and stock exclusion low slope maps were released in July. These are part of the Government's Essential Freshwater package. Public consultation with farmers, agricultural sector groups, iwi and Māori, councils, and environmental groups will run from 26 July - 12 September. Freshwater farm plans are a crucial tool in implementing the Government's Essential Freshwater package. The consultation document seeks feedback on options that will inform the development of freshwater farm plan regulations under part 9A of the Resource Management Amendment Act 2020. Section 2.5 of the discussion document relates to the role of Tangata whenua in the planning process.
5.4 Three Waters Reform Update
In July 2020, the Government launched the Three Waters Reform Programme – this is a three-year programme to reform local government three waters service delivery arrangements. The work programme has a specific focus on wastewater, stormwater and drinking water infrastructure.
Currently, 67 different councils own and operate the majority of the drinking water, wastewater and stormwater facilities and services across New Zealand. The local Government sector is facing urgent challenges in providing these services, including funding infrastructure deficits, complying with safety standards and environmental expectations, building resilience to natural hazards and climate change into three waters networks, and supporting growth.
Rather than piecemeal solutions, comprehensive, system-wide reform is needed to achieve lasting benefits for local Government, communities, and the environment. The reform programme is being progressed through a voluntary, partnership-based approach with the local government sector, alongside iwi/Māori as the Crown's Treaty Partner.
Once Government has decided the details of the new arrangements, Councils will need to decide whether or not they want to become part of the new model for the future delivery of three waters services, and only after they have consulted with their communities.
5.5 Three Waters Reform Programme Engagement
In addition to working with the Steering Committee, there will be an ongoing programme of engagement with local Government, iwi/Māori, the wider water services sector, and communities of interest throughout the reform programme.
Building on the engagement undertaken in 2020, the Department of Internal affairs and the Joint Steering Committee will continue ongoing engagement with local Government, iwi/Māori and industry professionals throughout 2021.
Find out more about the Government's Three Waters reform on the Department of Internal Affairs website.
5.6 Next Steps
We will continue assess our changing operating environment and deliver on our work commitments. The following next steps will guide our approach:
a) Recognising the importance of taking opportunities to partner with tangata whenua, local councils, central government and key stakeholders to jointly deliver;
b) Supporting Central Government where possible for example through; secondment of staff, contributing to Regional Sector Special Interest Groups or at different levels, through involvement in Local Government NZ input into reforms, and by contributing to the Taituara Three Waters Steering Group;
c) Using opportunities to influence such as commenting on the NBA exposure draft;
d) Emphasising and communicating the value add of both the regional sector local government, and the role of local/regional democracy;
e) Getting prepared for change, being adaptable and flexible;
f) Monitoring and reporting on the operating environment. As further details become available, updates on operating environment areas that influence and inform Council’s policy direction and work will be provided to Council committees.
6. Kaupapa Tuaono: Spatial Planning Update
Work is currently underway across the Bay of Plenty to meet the growth and supporting transport needs of the communities we serve. This work involves implementing the National Policy Statement for Urban Development, updating of sub-regional spatial plans and is in addition to housing focused action plans.
Staff are currently considering how to get ready for the preparation of the Strategic Planning Act Regional Spatial Plan(s) requirements and what initial steps might look like. Early feedback from Komiti Māori regarding future involvement of tangata whenua will be critical.
Current spatial planning activities involve:
Western Bay Joint Spatial Plan - SmartGrowth
The Western Bay Joint Spatial Plan (JSP) is being developed by the SmartGrowth partners. The JSP is a requirement of the urban growth partnership with central government. It collates work that has been completed to date, and is a first step towards updating the SmartGrowth Strategy in 2023. A draft has been discussed at a SmartGrowth Leadership Group (SLG) workshop in July, with work to update and finalise underway. An Iwi Spatial Plan (ISP) is currently scoped by SmartGrowth’s Tu Pakari advisors with the Combined Tangata Whenua Forum. The ISP will then be developed to be integrated into the 2023 SmartGrowth Strategy. The 2023 Strategy will also be the next Future Development Strategy.
Eastern Bay Spatial Plan
Work around Eastern Bay Spatial planning is currently being scoped with Whakatāne District Council. The initial focus will be around urban growth in the Whakatāne-Kawerau corridor. Building partnerships with iwi is a key aspect of the work.
Rotorua Lakes Council and BOPRC have formed a working group to work together on urban development matters, including planning and implementation around:
· National Policy Statement – Urban Development (NPS-UD) - Housing and Business Assessment (HBA), and Future Development Strategy
· Homes and Thriving Communities, and
· Structure planning and district plan changes.
7. Kaupapa Tuawhitu: Toi Moana - Freshwater Engagement
The National Policy Statement for Freshwater Management 2020 (NPSFM) sets out clear requirements to involve tangata whenua in the management of freshwater, and engagement with tangata whenua is progressing in accordance with Te Hononga, Council’s Māori engagement plan for implementing the NPSFM. Following the adoption of the LTP 2021-2031, staff are assessing readiness of iwi, hapū and other tangata whenua groups. A draft spectrum relating to capability and capacity is being prepared that will guide staff in determining which groups will need focussed financial support, particularly those that did not make a submission on the LTP. It is important to note that “iwi readiness” cannot be based on whether or not a Treaty settlement is in play. Other variables include: experience with policy and planning, particularly in the absence of resource management units; familiarity with the government’s regulatory reforms; geographical location; internal political dynamics; and the status of iwi planning documents, to name but a few.
While staff continue to have discussions, the national regulatory reforms, particularly the introduction of legislation to replace the RMA and the Three Waters Programme are drawing the attention of tangata whenua away from engagement on the NPSFM 2020. The Ngāi Tahu Declarations to the High Court on “RaNgātiratanga” are also percolating interest. Other matters such as the recent decision by the High Court on the Edwards Marine and Coastal (Takutai Moana) application has diverted attention for affected iwi parties.
Nationally, Te Mana o Te Wai training and the preparation of Mahinga Kai guidelines will roll out shortly. The Te Mana o Te Wai workshops for the Bay of Plenty Region will be held on the 10th (for Council staff) and 11th (for tangata whenua) August 2021. The Ministry for the Environment has indicated that tangata whenua workshop will have the highest attendance across the country.”
The attachment to this report provides a summary of engagement with Māori that have occurred around the region from April – July 2021.
8. Kaupapa Tuawaru: Scholarships: He Toka Tu Moana Recipients
Since its establishment in 2017,
Toi Moana has provided financial support to over
23 students from the Bay of Plenty for education, activities and projects that benefit or contribute to Te Taiao.
Consistent with past years, we received a number of outstanding applications for the 2021 He Toka Tu Moana scholarship. We awarded $2,000 to five students from across the region and send our congratulations to the successful recipients.
9. Ngā Whakaarohanga
9.1 Ngā Pānga ki te
Implications for Māori
The items presented in this report cover a range of initiatives which have a positive impact on Māori. With kaitiaki actively participating in Council business, their contribution to make positive changes for the well-being of Te Taiao is a pragmatic method to support aspirations and relationships.
Council recognises opportunities to enhance Māori capacity through partnerships. These partnerships have benefits to Māori and the wider community. The establishment of the Ahi Kaa Roa Roopu is a great example of active engagement and working with Māori. Implementing the Rotorua Geothermal Plan can be successfully achieved through partnerships with Māori.
Attachment 1 - Summary of Freshwater Engagement with Māori ⇩