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Report To:
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Komiti
Māori
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Meeting
Date:
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14
December 2021
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Report
Authoriser:
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Kataraina O’Brien
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Executive Summary
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. Tangata whenua
presentations:
a. Victoria
Carroll will be speaking on Papakāinga Māori Housing
b. Elva
Conroy will be speaking on Iwi spatial planning
c. Piatarihi
Bennett will be speaking on the Tauranga Moana ko WAI mātou programme.
2. Some
Key Actions that came out of the Komiti Māori 19 October meeting that
have been followed up by staff.
3. Tauranga
Moana freshwater engagement
4. Water
Service Act 2021 – to administer and monitor the national standards for
drinking water
5. The
Development of Tikanga within the Legal System
6. An
update on Mount Maunganui Industrial Area and Airshed
a. Mount Maunganui Air Quality Working Party
b. Pollution Hotline calls received and responded
to during reporting period.
7. Rangiuru
Development Update
8. Toi
Moana Summer Experience Programme
9. Youth
Involvement Project (YIP) Update
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Recommendations
That the Komiti Māori:
1 Receives
the report, Chairperson's Report.
1. Kaupapa Tuatahi: Kupu Whakataki
Introduction
Toi Moana continue to engage with
iwi across Tauranga Moana. At present, we are assisting Ngāi Te
Rangi to prepare their application for the Te Mana o Te Wai (TMoTW) Fund, so
that we are better able to coordinate the iwi wider project with the scope of
outcomes being sought through the Long Term Plan funding assistance previously
secured by the iwi.
The purpose of Water Services Act
2021 is to administer and monitor the national standards for drinking water and
it also encompasses those provisions that give effect to Te Mana o Te Wai under
the National Policy Statement for Freshwater Management 2021.
Appellate courts have demonstrated
that they are willing and ready to accept tikanga as a standalone source of
law. There are examples where the Treaty of Waitangi is being referred to
separate to its principles and earlier Treaty cases no longer seem to be
strictly good law (e.g. Te Heuheu Tukino - where the house of Lords ruled that
unless it was incorporated into New Zealand statutes the Treaty was not legally
binding).
There is an update on activities
undertaken to improve air quality and the wider environment in the Mount
Maunganui industrial area and airshed. An analysis of the impact of the
Environmental Protection Authority (EPA) reassessment of methyl bromide, for
which there were several guest presenters and a group discussion to follow.
Quayside, the commercial investment
arm of Bay of Plenty Regional Council commenced the journey of facilitating the
development of a new industrial business park out near Rangiuru in
2004. It was a major milestone this year when we broke ground
through earthworks in September 2021. Engagement on the Business Park at
Rangiuru started through the initial Plan Change, consenting around waste and
stormwater through the territorial authority.
Toi Moana Summer Experience
Programme commenced in November 2021 and recruited 36 students into the annual
summer experience programme. It is a 12-week programme with full
induction and ongoing learning opportunities at the Regional Council.
2. Kaupapa Tuarua: Tangata Whenua
Presentations
2.1 Papakāinga Māori
Housing – Supporting Iwi Capability
Presenter: Victoria
Carroll – Director of Papakāinga Solutions Ltd
Victoria is of Ngā Pōtiki, Ngāi Tahu,
Uenukukōpako and Ngāti Kahungungu descent. Victoria is the director
of Papakāinga Solutions Ltd, Trustee of Ngā Pōtiki a Tamapahore
Trust and Mangatawa Incorporations.
Papakainga
Solutions Limited (PSL) specialise in commercial and residential property
development in particular on Māori owned land (whether
Māori freehold land or land returned under Treaty settlement). Often these
types of land require a different approach when it comes to development because
of alienation restrictions and security and equity constraints. Innovative
approaches are required.
We bring together the right
team/specialists for each project whether its long term commercial leasing;
social housing or commercial development. We are familiar with the barriers to
developing these land assets and with working across all sectors to obtain the
necessary authorities and finance to make projects happen. "Together we
make it happen".
2.2 Iwi Spatial Planning
Presenter: Elva Conroy
– Consultant
Elva
(Tapuika, Tuhourangi) has over 18 years’ experience in resource
management planning, policy analysis and community engagement. She specialises
in cultural frameworks and natural resource planning and has won numerous NZ
Planning Institute Awards for iwi management plan development. Elva has worked
for Environment Southland, Opus Consultants and Bay of Plenty Regional Council.
Prior to leaving Auckland Council in 2013, Elva oversaw mana whenua engagement
and developed Māori policy for the Auckland Unitary Plan. Elva is one of
two
Tū Pakari advisers to the SmartGrowth Combined Tāngata Whenua Forum
(CTWF) providing technical planning expertise.
The population and demand for
housing within the Western Bay of Plenty sub-region has been growing, and
continues to grow at a phenomenal rate. Spatial planning is a key tool to
manage growth while providing for social, environmental, economic and cultural
wellbeing. The CTWF is embarking on their own spatial planning programme over
the next two years.
This includes, but is not
limited to:
· areas
to protect from development; and
· areas
for future development by Iwi/hapū/Māori land trusts as well as gaps
in infrastructure (water, wastewater, stormwater, power, telecommunications,
transport).
This programme will link with
spatial planning work underway, or planned by hapū and iwi for their own
purposes e.g. strategic planning, freshwater objective & limit setting.
2.3 Te Wai Maori Update
Presenter: Piatarihi Bennett – Kaupapa
Taiao, Policy & Natural Resource Management
Pia is of
Ngāi Te Rangi and Te Arawa descent and is currently managing the Ngāi
Te Rangi Kaupapa Taiao Environment, Policy, Planning & Natural Resources
Management unit.
Pia has a
wealth of knowledge and skilled in Ecological Restoration, Environmental Policy
& Planning.
Pia also has a strong educational
background with a Dip Mātauranga Māori and
Te Reo focused in Kaupapa Maori Research in an environmental context. With this
wealth of knowledge and expertise, she is leading the Wai Māori Strategy
in Tauranga Moana.
3. Kaupapa Tuarua: Operating Environmental
Updates
3.1 Ture Update
3.1.1 Key Actions from 19 October Komiti
Māori Hui
3.1.1.1 Erosion
Control - At the Komiti Māori meeting on 19 October in Rotorua,
Paki Nikora (Chair of Rūātoki Farms & Lands Group) raised
concerns about Council’s programme of erosion control work in
Rūātoki North on the Whakatāne River. Staff have since met
onsite with Mr Nikora to understand the issues, including potential erosion
impacts on Waikirikiri Marae and its Urupa. Staff are continuing to work
towards resolving those concerns.
3.1.1.2 Rates
Remissions and Postponements - Early engagement with Māori Land
Trusts on issues related to development and potential rates
remissions/postponements is in progress. This input will be used to inform the
draft Remissions and Postponement of Rates Policy for consideration at a
Council Workshop.
Staff
have also discussed approaches with territorial local authorities in the Bay of
Plenty. Most councils appear to be taking a similar approach at this stage.
3.1.1.3 Kohi
Marae Onsite Effluent Treatment (OSET) - Staff are currently working
through the 2021/22 Annual Plan process to seek additional funding to provide
for the next stage of the Marae OSET project, which will focus on the
Kōhī constituency. This funding is intended to provide for technical
expertise, and to facilitate pathways for tangata whenua to engage and build
capacity in this space.
3.1.2 Tauranga Moana Freshwater Engagement
Staff continue to engage with iwi
across Tauranga Moana. At present, we are assisting Ngāi Te Rangi to
prepare their application for the Te Mana o Te Wai (TMoTW) Fund, so that we are
better able to coordinate the iwi wider project with the scope of outcomes
being sought through the Long Term Plan funding assistance previously secured
by the iwi.
Staff are also assisting with
the development of programme structure of iwi wai Māori projects, to
ensure the specific scope of outcomes being sought for NPSFM implementation is
secured.
Ngā Pōtiki have
appointed an advisory trustee of the Ngā Pōtiki a Tamapahore Trust to
act in an interim capacity RM representative. Staff have met with the iwi
and are preparing a range of options to consider in support of their
involvement while being cognisant that the iwi has several paid kaitiaki
positions they have been unable to fill.
Staff have met with
representatives from the northern hapū of Tauranga Moana to work towards a
project to support the development of freshwater values and cultural expectations
to inform a monitoring project they are currently developing. This
monitoring project is in the final stages of the TMoTW application
process. While separate from the project seeking TMoTW funding, the
potential cultural values project being discussed with the hapū may
provide the critical indicators for which the monitoring project can be
structured around while providing the narrow scope of cultural information we
require for the National Policy Statement implementation.
3.1.3 Water
Services Act 2021
The Water
Services Act 2021 will come into force by way of an Order in Council, or 2
years after the date which the Act received Royal Assent. There are timing
matters with respect to other part of the three waters programme relating to
the process and the establishment of the proposed water management entities. In
summary, the purpose of Water Services Act 2021 is to administer and monitor
the national standards for drinking water. It also requires the
establishment of a framework concerning the consistent monitoring and
associated infrastructure requirements for drinking water supply, wastewater
and stormwater.
The purpose
also encompasses those provisions that give effect to Te Mana o Te Wai under
the National Policy Statement for Freshwater Management 2021. In this
regard, central government aims to link all activities relating to the
management of freshwater resources under the Korowai of Te Mana o Te Wai. The
recently established entity Te Taumata Arowai is the National Authority
responsible for administration of the Act and tasked with monitoring the
performance and compliance of water providers.
With respect to
the implications for Māori providers of water, the Act does not exempt
this group from any provisions concerning National Standards for drinking
water, albeit there are circumstances where exemptions may apply. Section
57 of Subpart 8 sets out the general exemptions, which the Chief Executive may
at his or her discretion and dependent upon those matters set out under
Sections 57 (2 – 9) where an application for exemption have been made. The
Act is silent on exemptions for water supplied to marae or Papakāinga by way of a puna, stream, river
or by way of harvesting (e.g. from a roof). The example provided in the Act
where an exemption may apply relates to a person who provides water to back
country huts of isolated campsites in a district where it is impractical to
provide safe drinking water.
Section 10 -
which applies to the domestic supply of water is limited to a domestic self-supply
to a standalone dwelling: it applies only to a single dwelling. Examples
provided in the Act, which do not qualify under these provisions, include, “a marae wharekai (dining hall) or a
community hall that has its own water supply”. Section 8 of the Act
captures Māori providers under these circumstances.
All water
providers must meet the National Standards, monitor the water supply, prepare
source water risk management and drinking water safety plans, provide
information on risks to water sources to local authorities, and register as a
supplier as part of the authorisation process. These requirements also
have implications for ensuring that appropriate infrastructure is certified,
and meets any other relevant regulations for water supply. Budget to support
investment into upgrading infrastructure on marae, or to enable tangata whenua
to undertake the monitoring requirements under the Act is yet to
announce. It is not clear as to whether the new entities and the
subsidiary entities associated with them will play a role in the allocation of
budget.
A more detailed
analysis of the Act can be provided at a later date.
3.1.4 The Development of Tikanga within the
Legal System
In the Supreme Court of New
Zealand
The transformation of the use of
tikanga within the legal system is ongoing. Appellate courts have demonstrated
that they are willing and ready to accept tikanga as a standalone source of
law. There are examples where the Treaty of Waitangi is being referred to
separate to its principles and earlier Treaty cases no longer seem to be
strictly good law (e.g. Te Heuheu Tukino - where the house of Lords ruled that
unless it was incorporated into New Zealand statutes the Treaty was not legally
binding). Tikanga Māori is set to become firmly embedded into all
facets of our legal system.
The most recent case that tested
these themes is the Trans-Tasman Resources Ltd v Taranaki-Whanganui
Conservation Board. The Supreme Court considers the place of tikanga and the
Treaty of Waitangi in this recent seabed mining case.
The case relates to Trans-Tasman
Resources Ltd, desire to mine iron sands within an area New Zealand’s
exclusive economic zone off the shore of Taranaki. This required marine and
marine discharge consents through the Exclusive Economic Zone and Continental
shelf (Environmental Effects) Act 2012 (EEZ Act).
The issue at appeal by Trans-Tasman
was:
· That
the Court of Appeal had leaned too strictly on environmental protection and
that the assessment of mining must consider economic benefits as well as
environmental impact.
The Court dismissed the
company’s appeal and set out its reasons and position on the correct
approach to some of the provisions of the EEZ Act.
Notable points included:
· The
Treaty of Waitangi clause of the EEZ Act (section 12) requires a “broad
and generous construction’ to its interpretation.
· The
Court discussed tikanga and found that tikanga based customary rights and
interests constituted “existing interests” when considering
“any effect on the environment or existing interests of allowing the
activity” under the EEZ Act.
· The
Court also concluded drawing on the approach to tikanga in earlier cases,
tikanga as law must be taken into account as “other applicable law”
under section 59(2)(l) of the EEZ Act, “where its recognition and
application is appropriate to the particular circumstances of the consent application
at hand”.
This case marks a significant
development at a time when tikanga is progressively more intertwined into the
legal system of Aotearoa. A key question to grapple with moving forward would
include how to approach the aspect of tikanga if it were to differ between
different Iwi.
A key consideration for Council
is whether our current plans and policies can give effect to these evolving
legal precedents.
View the full case - Trans-Tasman Resources Limited v The Taranaki-Whanganui Conservation
Board and Ors [2020] SC 28/2020 — Courts of New Zealand
(courtsofnz.govt.nz)
3.2 Update on Mount Maunganui
Industrial Area and Airshed
This is an update on activities
undertaken to improve air quality and the wider environment in the Mount
Maunganui industrial area and airshed. The update covers the period from
mid-August until mid-November 2021.
During this reporting period, no breaches of the PM10 or
SO2 National Environmental Standards for Air Quality (NESAQ) were recorded at
any of the Mount Maunganui monitoring sites. An application to the Ministry for
the Environment for a dispensation for two in June, PM10 exceedances was likely
caused by heavy sea fog, it has been approved.
The total number of confirmed
PM10 exceedances remains at five for the 2021 reporting period to date,
compared with 19 in 2019 and nine in 2020. Only one exceedance per year
is allowed under the NESAQ.
3.2.1 Mount Maunganui Air Quality Working
Party
Two meetings of the Mount
Maunganui Air Quality Working Party have been held since August 2021.
9 September 2021 - The
focus of the meeting was on updates from the Ministry for the Environment, as
well as regional consents.
11 November 2021 - The
focus of the meeting was an analysis of the impact of the Environmental
Protection Authority (EPA) reassessment of methyl bromide, for which there were
several guest presenters and a group discussion to follow. A short workshop was
also held on the future of the Mount Maunganui Air Quality Working Party, given
the results of the survey and what it should achieve if it is to continue going
forward. The broad agreement of delegates was that it is worth the Working
Party continuing in 2022 and further goals will be defined in the coming year.
3.2.2 Pollution Hotline calls received and
responded to during reporting period
During the reporting period, 111
calls we have received through the Pollution Hotline relating to events within
the Mount Industrial Airshed. Of these, 100 related to air quality, with 82
relating to odour, which remains to be the main cause of calls to the Pollution
Hotline. Over 43% of odour complaints relate to the pet food rendering
processes at Ziwi Limited.
3.3 Rangiuru Development Update
Quayside, the commercial
investment arm of Bay of Plenty Regional Council commenced the journey of
facilitating the development of a new industrial business park out near
Rangiuru in 2004. It was a major milestone this year, commencing
earthworks in September 2021. The vision of the park is to facilitate
further growth of industry in the greater Bay of Plenty providing employment as
the population of the region continues to grow.
Engagement on the Business Park
at Rangiuru commenced in 2004 through the initial Plan Change, consenting
around waste and stormwater through the territorial authority, Western Bay of
Plenty District Council, participation through SmartGrowth’s Combined
Tangata Whenua Forum, and latterly through our relationship with Tapuika Iwi Authority
acknowledging their important historical connection to the whenua at
Rangiuru.
At this meeting, the Quayside
presentation will focus on their journey to date and the important next steps
of engagement with the wider community.
3.4 Toi Moana Summer Experience
Programme
In November 2021 Toi Moana Bay
of Plenty Regional Council recruited 36 students into the annual summer
experience programme. It is a 12-week programme with full induction and
ongoing learning opportunities at the Regional Council.
Through the summer experience
student programme these students will gain hands on experience and knowledge. They will support tangata
whenua and iwi and get involved in marine science, water monitoring, gain
knowledge in internal software, and have an opportunity to get an insight into
local government, responsibilities and day-to-day operations. A great
opportunity to gain valuable work experience and apply the skills and knowledge
they have developed into their studies.
This report is a snap shot
profile five of the students. They will each provide a brief kōrero
to Komiti Māori.
Akira McTavish-Huriwai
Akira is back with Toi Moana for
a second summer with Te Amorangi. She has just recently completed her second
year of tertiary studies, studying a Bachelor of science majoring in
Environmental Studies and Geography at Victoria University of Wellington.
During her studies in Wellington, she had the opportunity to intern for Te
Hunga Whiriwhiri at Greater Wellington Regional Council. She is also currently
serving as a member of Wellington City Council Youth Council continuing to
pursue her passion of developing opportunities for rangtahi. She has also
served on Te Kawekawe, which is a board for United Nations Youth New Zealand
specifically targeting Māori and Pasifika engagement.
Growing up in Tauranga, she
attended Pillan’s Point Primary, Otumoetai Intermediate and Tauranga
Girls' College where she was Deputy Head Girl. Under her leadership role of
Deputy, she managed three committees: Kaitiakitanga, Well-being and Community
Service. In addition to this, she served on the Tauranga City Council Youth
Advisory Group for three years, where she helped develop initiatives to increase
rangatahi engagement and solutions to problems targeting rangatahi as a whole.
In 2020, she was a delegate on the United Nations Global Development Tour,
which visited seven countries. Meeting with different NGOs and
organisations such as the World Health Organisation and United Nation High
Commission for Refugees.
Anaru Palmer
Ko
Mauao me Moehau ngā maunga
Ko
Te Awanui, Waihou me Tikapa ngā moana
Ko
Mātaatua me Tainui ngā waka
Ko
Toroa me Marutūāhu ngā tūpuna
Ko
Ngāi Te Rangi me Ngāti Tamaterā ngā iwi
Ko
Ngāi Tūwhiwhia, Ngāti Tauaiti, Ngāi Tamawhariua me
Ngāti Pinenga ngā hapū
Ko
Opureora, Te Rereatukāhia me Te Pai-o-Hauraki ngā marae
Nō
Tauranga Moana me Pare Hauraki ahau
Ko
Anaru Jason Tukaki Palmer ahau
Anaru is currently studying at the University of Waikato
and pursuing a Bachelor of Social Science double majoring in Māori &
Indigenous Studies and Political Science. He is a graduate of the
Te Tohu Paetahi programme, which provided students with a unique Māori
language immersion pathway in which papers in te reo Māori were
concentrated into the first year of the programme. The goal of the
programme is to produce students who can fluently, competently and proficiently
speak in te reo Māori.
Growing up in Tauranga gave him
many opportunities to get involved in community initiatives like Tama Tu
Māori Leadership Development Programme, a Graduate of Te Rangi Hou
Rangitahi Leadership Forum and involved with the Te Iringa Kōrero
livestream Forum right up to June 2021.
Accompanied a touring group to
Wellington for a Waitangi Tribunal hearing regarding Tauranga Moana-Pare
Hauraki cross claims in 2019.
Te
Rua Wallace
Te Arawa, Ngāti Tūwharetoa, Te
Aihaunui-a-Pāpārangi.
Born and raised in Rotorua with
her Nan and Koro, and attended Te Kura Kaupapa Māori o Ruamata. Te
Rua is in her 4th year at University of Waikato studying Bachelor of
Environmental Planning.
She is confident in her ability
to adapt in different environments and deliver the work that is asked of
her. Has a diploma in Arts and Design and a New Zealand Certificate in
Small Business Management. A co-President and Founding Member of Te Tini
o Hakuturi – Ropu Māori for Environmental Planning and Geography.
Te Rua also had an opportunity
to be a Summer Student Intern at Waikato Regional Council last year. Some
of her tasks were communicating with local Iwi and Marae, updating their Iwi
contact details into a database, navigating software such as IRIS, Discover,
GIS, Promapp, and undertaking site visits to conduct water quality monitoring.
Summer
Bell
Summer is
a passionate, supportive, and reliable kaimahi. She values the
opportunity to collaborate with rangatahi, whānau and iwi to help
understand experiences, develop life-skills and gain confidence through
community engagement. She understands the structural and systemic influence on
wellbeing and champion youth participation across all discussions and
decisions. She appreciates the significant influence of whanau, iwi, and te
taiao toward wellbeing and utilise mātauranga Māori as core
principles in her approach.
She is confident and strengths-based
with an eye for detail and ability to raise and discuss areas of concern,
safely and respectfully. She is an ethical, holistic, and reflective
practitioner dedicated to upholding the values of Te Tiriti o Waitangi.
She is a caring, compassionate, and dedicated team member who values
whanaungatanga and manaakitanga when supporting whānau to achieve
rangatiratanga through diverse, innovative, and responsive approaches.
Te
Waikamihi Lambert
Ko Putauaki me Panikire oku maunga
Ko Rangitaiki me Waikaretaheke
oku awa
Ko Mataatua te waka
Ko Uiraroa me Te Waimako oku
marae
Ko Ngati Awa me Tuhoe oku iwi
Ko Ngai Tamawera me Te Whanau
Pani oku hapu
Te Waikamihi has completed her 1st
year at Victoria University studying Marine Biology and Māori. She has
worked closely with Kiri Allan (before she became a Minister) and has met Prime
Minister Jacinda Ardern during her role as Maori Advisor for the young Labour
Party.
Last year she participated in Taiohi
Moana facilitated by rangatahi mentors Dr Kura Paul-Burke and Joe Burke. This
course teaches rangatahi Māori about marine kaitiakitanga including free
diving, surveying of underwater species and scientific mapping (they mapped
kina populations around Moutohorā and Rūrima). She assisted in
restoring 420 kilos of mussels into the Ohiwa harbour, and participated in
mangrove management. She recently attended a wānanga at Waipiro Bay where
students learnt about the maramataka and did scientific research on kina
infestations.
Other significant milestones
include:
· A cultural exchange in Japan in 2017.
· Attending the United Nations conference in Switzerland on a
scholarship in 2018.
· Organised and facilitated a climate protest last year in 2019.
· Guest Rangatahi speaker at the Ngāti Awa Te Tiriti
commemoration day June 2020.
3.5 Youth
Involvement Project Update
In early 2021, Toi Moana reached
out to over 500 rangatahi to find out how they want to connect with
council. One of the youth proposed solutions was the creation of an
advisory panel to bring the voice of young people into council. Council
received 56 applications from outstanding rangatahi living all across the Bay
of Plenty. The 13 rangatahi selected in September represent a diverse range of
experience and interests, committed to ensuring that the voice of youth are
heard, and makes an impact at the council table. Over half of the
applicants identified themselves as Māori with a wide range of iwi
represented.
The Youth Involvement Project
(YIP) group launched in October at Te Kuirau Marae, Rotorua with a day focused
on whanaungatanga, working together and understanding more about Toi Moana
BOPRC. Beginning the journey kanohi ki te kanohi on a marae reflected the
aspirations of the rangatahi themselves, and council’s focus on enhanced
engagement with Māori.
Photo- Youth Involvement Group and Toi
Moana staff at Te Kuirau Marae in Rotorua
Where health provisions allow, staff will seek to hold
further events at marae in the Mauao and Kōhī constituencies.
Staff and the YIP group change
makers have adopted digital engagement options to allow them to continue to
meet and progress their work. Agenda design and preparation for their second
meeting on 15 November, largely took place through Jam boards, and the meeting
itself on Zoom. The group has a rotating chair, and Lahaina Kiel, age 16, led
the Zoom to begin the mahi to create a youth engagement strategy including a
vision statement that reflects the needs of young people in the Bay of Plenty.
Outside of the meetings, three
focus groups or sub-committees are working on projects and report to the wider
YIP group at the December meeting for feedback to be chaired by Radhika Dahya
25 years old.
At this meeting, staff will
provide a brief presentation.
4. Ngā Pānga ki te Māori
Implications
for Māori
The items presented in this
report cover a range of initiatives, which have a positive impact on
Māori. The co-design of strategies with tangata whenua groups to
align processes and planning with mātauranga have provided impetus on
co-partnering and building relationships with tangata whenua and further
promoting Te Mana o te Taiao.
Internal efforts by Council to
enable tangata whenua to lead in spaces such as Iwi spatial planning, this is a
reflection and acknowledgement of the high capacity and capability of
Māori to respond.
The implications for Māori
can only be positive where Council recognises opportunities to enhance
Māori capability through co-design of strategy and Iwi led planning that
can enhance and build partnerships. These partnerships have benefits to
Māori and the wider community.
4.1 Ngā Pānga a-Pūtea
Financial
Implications
There are no material unbudgeted
financial implications and this fits within the allocated budget.
5. Ngā Mahi Whai Ake
Next
Steps
As an omnibus report of independent
matters and other kaupapa led through respective areas of Council operations,
no specific action is recommended via this report.
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Pūrongo Ki:
Report To:
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Komiti
Māori
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Rā Hui:
Meeting Date:
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14
December 2021
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Kaituhi Pūrongo:
Report Writer:
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Sandy Hohepa, Maori Policy Advisor
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Kaiwhakamana
Pūrongo:
Report Authoriser:
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Kataraina O'Brien, Director,
Strategic Engagement
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Kaupapa:
Purpose:
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Komiti Māori highlights for 2021
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Toi Moana Komiti Maori 2021 Highlights
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Whakarāpopototanga
Executive Summary
Established
in 2006 Komiti Māori provides a valuable interface between Māori
and Council. Komiti Māori is unique as it is the first committee
of a regional council in New Zealand that operates as a decision-making
committee comprising of all the Councillors at the table.
One
role of Komiti Māori is 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 and to ensure compliance with
its obligations to Māori under legislation.
This
report provides some key highlights captured throughout Komiti Māori
over the last year including:
1. Changes
to the Komiti Māori Terms of Reference - Council
unanimously approved a change to Komiti Māori (KM) Terms of Reference, in
line with its “Partnerships with Māori” strategic priority.
2. Changes
to Meetings on Marae - Committee will alternate meetings between Marae and
Council Chambers.
3. Update
on the Long Term Plan 2021 – Kaupapa Māori Funding and
Initiatives.
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4. National
Māori Flag - Approved to fly the National Māori
flag on a daily basis at all three offices around the region.
5. Partnerships with Māori Statement - Vision is to
‘Enhance delivery and shared decision-making”.
6. Keynote address from Hon Nanaia Mahuta, Minister for Foreign
Affairs, Local Government and Associate Minister for Māori Development.
7. Tiriti Education Session presented by Justice Layne Harvey.
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Ngā tūtohutanga
Recommendations
That the Komiti Māori:
1 Receives
the report, Toi Moana Komiti Maori 2021 Highlights.
1. Kupu Whakataki
Introduction
Komiti Māori provides a
positive interface between Māori and Council, but 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.
Council’s responsiveness
to Māori and the legislative obligations to Māori under different
statutes and programmes to build the capability of Māori, and enhance
Māori capacity to contribute to decision-making. Also to build the
growth of authentic partnerships with tangata whenua, strategic direction,
legal requirements, effective engagement, awareness and understanding.
1.1 Te Hāngai ki te Pou
Tarāwaho Rautaki
Alignment with Strategic Framework
|
The Way We Work
|
We look
to partnerships for best outcomes.
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2. Changes to Kōmiti Māori Terms
of Reference
On 1 April 2021, Council unanimously approved a change to
Komiti Māori (KM) Terms of Reference, in line with its “Partnerships
with Māori” strategic priority.
Matters of partnership and shared decision-making
with Māori, will be a key focus area led by Komiti Māori. KM
will cast a strategic lens across Council to identify and progress shared
decision-making opportunities. They would have a leadership mandate to
influence the landscape of other committees.
Key changes are that KM will become a Committee of
the whole and will alternate meetings between Marae and Council chambers.
The delegated function of this committee is 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.
The content of this report
provides a snapshot of how Council gives effect to the Terms of Reference
through recommendations, endorsement and decisions.
3. Changes to Meetings on Marae
Since its establishment in 2006, Komiti Māori
have held meetings on over 50 Marae across the Bay of Plenty region.
One of the key changes to Komiti Māori Terms of
Reference is that the Committee will alternate meetings between Marae and
Council Chambers. In 2021 Komiti Māori have had the privilege to have been
hosted on two Marae (refer to the pictures below).
Interaction between Māori and Councillors and
active participation of Māori in council decision-making is the key
rationale behind holding Komiti Māori hui within a Marae
environment. This is an active demonstration of Council’s
commitment to building enduring relationships with Māori.
With the changing environment and Covid-19, there
are changes to the digital ways of communicating meetings. Meetings are being recorded and will be uploaded on Bay of Plenty Regional
Council’s web site in accordance with Council's Live Streaming and
Recording of Meetings Protocols which can be viewed on Council’s website.
The recording will be archived and made publicly available on Council's website
within two working days after the meeting on www.boprc.govt.nz for a period of
three years (or as otherwise agreed to by Council).
All care is
taken to maintain your privacy; however, as a visitor in the public gallery or
as a participant at the meeting, your presence may be recorded. By remaining in
the public gallery, it is understood your consent is given if your image is
inadvertently broadcast.
Photo 1 : Te Papaiouru Marae,
Rotorua
Photo
2 : Te Manuka Tutahi Marae, Whakatāne
4. 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).
Here are some
supported Kaupapa Maori funding and initiatives to inform the role Komiti Maori
and the development of their corresponding work programme in the Maori
Partnerships space.
· Te Runanga o Ngati Manawa – Te Mana o Te Wai Workshops.
· Tauranga Moana Iwi Partners – Creating a Kaitiaki Forum.
· Te Runanga o Ngai Te Rangi Iwi Trust – Building and lifting
Kaitiaki capability.
· Toi Kai Rawa – Operations and projects: Innovation hub, Whenua
Solutions Lab and Social Procurement.
5. Flying the NZ Māori Flag
On 24 June 2021
Toi Moana approved to fly the National Māori flag on a daily basis at all
three offices around the region.
Staff investigated
options of flying the National Māori flag on a daily basis, following a
request made at the previous Komiti Māori meeting on 20 April 2021.
Council has been flying the National Māori flag for a decade and that 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.
The Ministry
for Māori Development and Ministry of Culture and Heritage developed
national guidelines that give full recognition under the Flags, Emblems and
Names Protection Act 1981.
6. Partnerships with Māori Statement
At Komiti Māori held on 17
August 2021, Council approved the “Partnerships with Māori
Statement” (refer attached).
The Partnerships with Māori
Statement’s Vision is to ‘Enhance delivery and shared
decision-making towards improved equity and prosperity for an inclusive and
sustainable regional future’.
An action plan and programme are under development, which are guided by Our
Partnerships with Māori principles, objectives, goals and vision.
The
Partnerships with Māori Statement sets a road map for how we will progress
towards transforming our responsiveness to Māori, creating structures and
mechanisms for partnership and shared decision-making over matters that are important
to Māori. Building capacity and capability must feature in our planning to
achieve a level of equity.
7. Minister Mahuta Komiti Māori Key
Note Speaker
Komiti Māori were privileged to have in attendance the
Hon Nanaia Mahuta, Minister for Foreign Affairs, Local Government and Associate
Minister for Māori Development provided a keynote address on her
perspectives and insights regarding some key kaupapa for local and central
government involving partnerships with Māori. Key points captured were:
·
Aotearoa New Zealand was at a critical juncture of resolving past
Treaty issues, looking forward to the future and willingness within society to
move towards partnership in the tenants of Te Tiriti o Waitangi.
·
Central government could create some conditions in partnership
with local government to ensure communities flourished by enabling co-design of
outcomes, and applying a Treaty based approach in a practical way to achieve
broader enviro, economic, social & cultural wellbeing outcomes.
· Major
investment in infrastructure with Three Waters reform to lift partnerships and
long-term aspirations of Iwi Māori on the health of waterways and underpin
economic opportunity and growth in the regions and smaller communities in a
coherent way.
8. Te Tiriti o Waitangi Education Session
On 9 November 2021, Councillors
participated in a virtual Treaty of Waitangi Training session presented by
Justice Layne Harvey (High Court Judge).
Justice Harvey is of Ngāti
Awa, Rongowhakaata, Te Aitanga a Māhaki, Ngāti Kahungunu ki Te
Wairoa, and Te Whānau a Apanui descent.
He was appointed to the High
Court in 2021.
Justice Harvey provided a legal
perspective on
the
Te Tiriti o Waitangi covering off the following:
· The
Declaration of Independence
· Te
Tiriti o Waitangi
· The
Case Law – 1847-1987
· The
Treaty of Waitangi Act 1975 and the Principles of the Treaty of Waitangi
· The
1987 Lands Case
· The
Waitangi Tribunal and Treaty principles
· The
role of PSGEs and their relationship with Hapū
· The
Coastal Marine Title Act 2011
9. Ngā Whakaarohanga
Considerations
9.1 Huringa Āhuarangi
Climate Change
The matters
addressed in this report are of a procedural nature and there is no need to
consider climate change impacts.
9.2 Ngā Pānga ki te
Māori
Implications for Māori
Through Komiti
Māori, Council is able to contribute to processes, which enable Māori
to participate and contribute to matters, which inform Council decision-making.
The allocation
of LTP funding will support Māori across the region to be better engaged
with Council, to build their capability and capacity to participate in local
government processes and to prosper alongside the community at large.
Financial decisions influenced by Komiti Māori members, such as LTP
budgets, provide a level of assistance to support kaitiakitanga and kaupapa
Māori.
Komiti
Māori actively seeks ways in which it can assist Council and staff to meet
legislative responsibilities such as requesting robust engagement processes
that are respectful of Tikanga and Te Reo Māori.
9.3 Whakawhitiwhiti
ā-Hapori
Community Engagement
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|
Engagement with the community is not required. This
report provides a snapshot of Komiti Māori highlights for 2021.
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9.4 Ngā Pānga
ā-Pūtea
Financial Implications
There are no
material unbudgeted financial implications and this fits within the allocated
budget.
10. Ngā Mahi Whai Ake
Next Steps
The Partnerships with Māori
Statement (refer attached) will see Komiti Māori strive towards enhancing
delivery and shared decision-making towards improved equity and prosperity for
an inclusive and sustainable regional future.
Tuhinga Tautoko
Attachments
Attachment 1 - Partnerships with Maori
Statement Plan on a Page ⇩
