Komiti Māori Rārangi Take (Agenda)

NOTICE IS GIVEN that the next meeting of Komiti Māori will be held via Zoom (Audio Visual Meeting) on:

Wednesday 13 April 2022 COMMENCING AT 9.30 am

 

This meeting will be recorded and livestreamed.

The Public section of this meeting will be recorded and streamed live on Bay of Plenty Regional Council’s website. Click on the following link to watch the meeting live: https://www.youtube.com/user/bopregionalcouncil. Further details on this can be found after the Terms of Reference within the Agenda

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

5 April 2022

 


 

Komiti Māori

Membership

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

Purpose

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.

Role

·                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.


 

Recording of Meetings

Please note the Public section of this meeting is being recorded and streamed live on Bay of Plenty Regional Council’s website 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.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

 


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

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.


Komiti Māori                                                                                                                       13 April 2022

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Agenda
Rārangi Take

1.       Opening Prayer
Karakia Whakatuwhera

2.       Apologies
Ngā Hōnea

3.       Public Forum
Wāhanga Tūmatanui

4.       Items not on the Agenda
Ngā Take Tōmuri

5.       Order of Business
Raupapa o Ngā Take

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

7.       Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti

7.1      Komiti Māori Minutes - 22 February 2022                                              1

8.       Presentations
Whakaaturanga

Please refer to the Komiti Māori Chairperson’s Report for background information on guest presenters.

8.1      Te Mana o Te Wai and Changes for Decision Makers

Presented by: Tina Porou, Kaupapa Māori Environmental Consultant

8.2      Perspectives on Mana Whakahaere

Presented by: Annette Sykes and/or Dr Mahina-a-Rangi Baker

8.3      Impacts of proposed changes to the Emissions Trading Scheme – A Māori perspective

Presented by: Te Kapunga Dewes - Chief Executive, Whenua Oho

9.       Reports
Ngā Pūrongo

Information Only
Hei Pānui Anake

9.1      Toi Kai Rawa progress report                                                               17

Presented by: Te Horipo Karaitiana, Executive Trustee and Kylie Smallman, Operations Manager, Toi Kai Rawa

Attachment 1 - Toi Kai Rawa - Komiti Maori update April 2022                                    1

Decisions Required
Ngā Whakatau e Hiahiatia Ana

9.2      Approval of Partnerships with Māori Action Plan                                 1

Attachment 1 - Māori Partnership Action Plan - FINAL                                                  1

Attachment 2 - Partnerships with Māori Statement - FINAL                                          1

Attachment 3 - 2022.01 DRAFT Toi Moana Impact Areas                                              1

Information Only
Hei Pānui Anake

9.3      Treaty Updates - Bay of Plenty                                                               1

Attachment 1 - Treaty and MACA Map - February 2022                                                1

9.4      Ngā Kōrero a te Tiamana - Komiti Māori Chairperson's Report        65

10.     Consideration of Items not on the Agenda
Ngā Take Tōmuri Hei Whakaaroaro

11.     Closing Prayer
Karakia Kati


Komiti Māori Minutes

22 February 2022

 

Komiti Māori

Ngā Meneti

Open Minutes

Commencing:             Tuesday 22 February 2022, 9.30 am

Venue:                         Via Zoom (Audio Visual Meeting)

Heamana

Chairperson:               Cr Matemoana McDonald

Heamana Tuarua

Deputy Chairperson:  Cr Toi Kai Rākau Iti

Ngā Kopounga

Members:                    Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Chairman Doug Leeder

Cr Jane Nees

Cr Paula Thompson

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance:            Bay of Plenty Regional Council: Kataraina O’Brien (Director, Strategic Engagement), Fiona McTavish (Chief Executive), Namouta Poutasi (General Manager, Strategy and Science), Chris Ingle (General Manager Integrated Catchments), Helen Creagh (Rotorua Catchments Manager), Herewini Simpson (Kaihautu – Te Amorangi Lead), Anaru Vercoe (Pou Whainga – Principal Advisor), Reuben Gardiner (Senior Planner – Water Policy)

                                    Externals: Akira McTavish-Huriwai, Anaru Palmer, Summer Bell, Te Rua Wallace, Te Waikamihi Lambert, Megan Ranapia, Haukapuanui Vercoe, Associate Professor Dr Kura Paul-Burke, Kia Maia Ellis (Tauranga Moana Iwi Customary Fisheries Trust), Eugene Berryman-Kamp (Ringatohu/ Director – Partnerships, Ministry for the Environment); Attendance in part: Te Rangimarie Williams (Te Papa Ahurewa), Nicki Douglas (Environmental Manager, Te Arawa Lakes Trust), Arapeta Tahana (Trustee, Te Arawa Lakes Trust)

Ngā Hōnea

Apologies:                  Cr David Love

Cr Stacey Rose

Cr Lyall Thurston

1.     Opening Prayer
Karakia Whakatuwhera

A karakia was provided Cr Te Taru White.

Chairperson’s Opening Statement on Public Recording

 

The Chairperson welcomed those present and advised that the public section of the meeting was being recorded, and that the recording would be made available on the Bay of Plenty Regional Council website and archived for a period of three years.

Recording of Meeting: https://www.youtube.com/watch?v=H7jlsJMxllo

2.     Apologies
Ngā Hōnea

Resolved

That the Komiti Māori:

1        Accepts the apologies from Cr David Love, Cr Stacey Rose and Cr Lyall Thurston tendered at the meeting.

White/von Dadelszen

CARRIED

3.     Order of Business
Raupapa o Ngā Take

Agenda Item 8.5, Presentation Update on the National Three Waters Steering Group was withdrawn due to the unavailability of the presenter, Karen Vercoe.

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

None declared.

5.     Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti

5.1

Komiti Māori Minutes - 14 December 2021

 

Resolved

That the Komiti Māori:

1        Confirms the Komiti Māori Minutes - 14 December 2021 as a true and correct record.

Nees/Iti

CARRIED

6.     Presentations
Whakaaturanga

6.1

Toi Moana Summer Experience Programme Update

Presented by: Summer Bell, Anaru Palmer, Akira McTavish-Huriwai, Te Waikamihi Lambert and Te Rua Wallace

 

Kataraina O’Brien, Director Strategic Engagement noted the success of the Summer Experience programme which had been going for many years. A video recording from students had been well received at the recent Council meeting. The students’ korero would focus on their future aspirations, which was themed around Mokopuna Futures/future generations.

Key Points:

·    Overall experiences noted from the students’ internships at Toi Moana were a sense of empowerment, personal growth and gratitude from the learning opportunities gained under the korowai (cloak) of Toi Moana.

Summer Bell

·    Was pursuing a pathway in Māori/rangatahi/community mental health. Her wero (challenge) to elected members was to encourage diversification, new ways of thinking and to support rangatahi to thrive and become involved in local government decision-making.

Anaru Palmer

·    Future aspirations were focused on rangatiratanga (leadership), te reo Māori, kaupapa Māori and contributing further to his Te Rereatukahia whānau and future generations.

Akira McTavish-Huriwai

·    Was inspired to pursue a pathway in public policy and planning, noting that her time and mahi at Toi Moana had brought a focus on the impact and inequities within communities.

Te Waikamihi Lambert

·    Would  be completing her Bachelor of Science majoring in marine science and minoring in te reo Māori/te Ao Māori, followed by pursuing a Master and PhD and to develop a mauri assessment tool for her whānau. She thanked her mentors Gina Mohi, Kura and Joe Burke and her parents. Her aspiration in life was to become exemplar in the way of her mentors.

Te Rua Wallace

·    Had life aspirations to live a happy and joyful life surrounded by her mokopuna and taiao, and where te reo Māori is spoken in a tight-knit community and ensuring the taiao is protected, including within legal frameworks. Her wish was for rangatahi (youth) to be engaged and that lowering the voting age would empower/encourage rangatahi involvement; and to encourage inter-generational collaboration/solutions between pakeke (adults) and rangatahi.

Members reserved their comments until the conclusion of the He Toka Tumoana Scholarship recipient presentations.

 

 

6.2

He Toka Tumoana Scholarship Update

Presentation - Megan Ranapia - Scholarship Update: Objective ID A4050849 

Presentation - Haukapuanui Vercoe - Scholarship Update: Objective ID A4039916   

Presented by: Megan Ranapia and Haukapuanui Vercoe

 

Kataraina O’Brien introduced Megan Ranapia and Haukapuanui Vercoe who were recipients of the He Toka Tumoana Environmental Scholarship.

Megan Ranapia:

·    Currently undertaking a doctorate with the University of Waikato, Megan provided background on her Bachelor of Science research study on the suitability of kutai (green lipped mussel) location in Ōhiwa harbour; and her doctorate research topic to co-develop Mātauranga Māori and marine ecology for seastar management and mussel recovery in Ōhiwa Harbour. Megan was working closely with the Rōpu Kairangahau iwi advisory group (Ngati Awa, Te Upokorehe).

·    Seastar research would feed into a wider seastar/shellfish action plan for Ōhiwa to be implemented by BOPRC. Future aspirations were to carry out further research in Ōhiwa harbour on the seastar outbreaks and to work with other communities on shellfish restoration.

·    Thanked Toi Moana for the scholarship and all those involved in the research studies.

Haukapuanui Vercoe:

·    Pursuing a Bachelor of Engineering with honours, specialising in civil and environmental engineering at the University of Auckland.

·    Thanked Toi Moana for the scholarship, which had alleviated financial stress and allowed to focus on study.

·    Provided background on a taiao-related project completed in 2021 that investigated the resilience of 16 Te Arawa marae to natural hazard events. Research reports were disseminated to whānau/marae and local emergency management and interested Māori and government organisations in December 2021.

·    Future aspirations were to complete post-graduate study and a PhD on improving marae performance of three water infrastructure in natural disasters, which was a timely topic given the Three Waters reform.

Key Points - Members:

·    Councillors acknowledged the commitment, value, contribution and inspiration that the Summer Experience students and He Toka Tumoana scholarship recipients brought to the community.

·    Wished the students all the very best for a prosperous year of study.

 

6.3

Mātauranga Māori in Practice - Te Rūnanga o Ngāti Whakahemo Marine Restoration Tohu and Climate Change Research Project 2022

Presentation - Is the kina still fat when the Pohutukawa bloom?: Objective ID A4052460   

Presented by: Associate Professor Dr Kura Paul-Burke

 

Key Points:

·    Te Rūnanga o Ngāti Whakahemo and Pukehina Marae were leading a Mātauranga-led project that was funded by the Deep South National Science Challenge to understand the impacts of changing climate change conditions on traditional inter-generational tohu and mahinga kai at Motunau/Plate Island.

·    Project timeframe was from July 2022 - December 2023.

·    Provided background on tohu (indicators) used by Māori to identify trends or changes in the state of species and spaces.

·    Noted that tohu were no longer in sync with mahinga kai.

·    Increases in sea temperature/conditions in 2019 were predicted to have an impact on kina production and traditional practices.

·    Coastal/hapū iwi were alert to these issues and the project was looking at mātauranga-led actions to utilise and better understand, adapt and respond to the changing climate, tohu and mahinga kai in coastal waters.

·    Free-diving and technology monitoring wānanga would be undertaken with Ngāti Whakahemo kaitiaki and taiohi (youth) to be involved in the research study.

·    Highlighted the holistic Te Ao Māori world view and responsibility to ensure our food basket is sustained, alongside the inter-relationship between indigenous cultural diversity and biodiversity.

·    The project provided an opportunity for Mātauranga-led climate change research on mahinga kai and to create space for indigenous peoples’ contributions, knowledge and practices to be supported, recognised and implemented.

Members reserved their comments until after the next presentation.

 

6.4

Mātauranga Māori in Practice - Enhancing the Sustainability of Koura in a Changing Climate - Tauranga Moana Mātaitai Reserve

Presentation - Enhancing the sustainability of Kōura in a changing climate: Objective ID A4050048   

Presented by: Kia Māia Ellis on behalf of the Tauranga Moana Iwi Customary Fisheries Trust

 

Key Points:

·    Kia Māia Ellis’ doctorate research project was being undertaken in collaboration with Dr Kura Paul-Burke, Megan Ranapia and Kiri Reihana and was a transdisciplinary Mātauranga Māori and science research approach that would provide for the knowledge gap in Mātauranga.

·    The study proposal was being submitted to the University of Waikato and had been accepted by the Sustainable Seas National Science Challenge.

·    The study would look at enhancement of kōura to support the declining at risk taonga species in the Tauranga Moana rohe and to understand climate change effects.

·    Pēpi (baby) kōura would be collected from under Port of Tauranga wharves, monitored, on-grown and released back into the wild stock.

·    Project would be led by the Tauranga Moana Iwi Customary Fisheries Trust.

·    Outlined the research framework and Mātauranga/science objectives.

·    Highlighted the need for a global collective shift in mindset to activate kaitiakitanga.

·    Acknowledged Tauranga Moana iwi and those who were supporting and involved in the project.

In Response to Questions - Dr Paul-Burke and Kia Maia Ellis:

·    Differences in over-fishing and environmental climate change impacts on species could be determined by the quantity and condition of the species.

·    Bi-product/waste from commercial and recreational harvesting was used to assist with marine research projects.

·    Customary reserves, use of rāhui and habitat restoration were potential options that could be used to restore at risk taonga species.

Key Points - Members:

·    Thanked the presenters for their presentations and the examples provided to support the use of Mātauranga Māori.

·    Acknowledged the importance of collaboration to get the best outcome for our communities, places and spaces.

 

6.5

Ministry for the Environment - Kaupapa Māori Update

Presentation - Te Mana o Te Wai Implementation & Partnerships: Objective ID A4050066   

Presented by: Eugene Berryman-Kamp, Ringatohu/Director - Partnerships and Te Mana o Te Wai, Ministry for the Environment (MfE)

 

Key Points:

·    Bay of Plenty Regional Council (BOPRC) were well placed to respond to
Te Mana o Te Wai (TMoTW) under the National Policy Statement for Freshwater Management (NPSFM).

·    Highlighted fundamental NPSFM policy and considerations for how regional councils must give effect to TMoTW and actively involve tangata whenua

·    Policy reinforced the need for multi-level local approaches.

·    Outlined MfE’s TMoTW vision, purpose and implementation workstreams.

·    An implementation partnerships team would be established in July 2022 to connect local/regional/central government and Iwi/Māori at place locally, including executive roles to connect with local government counterparts.

·    Preliminary conversations had been held with Taumata Arowai to combine engagement for Iwi/Māori that could also look to include local government.

·    Sought feedback from BOPRC on role expectations and connections with the regional sector.

In Response to Questions:

·    Acknowledged the complexity of engaging tangata whenua at the whānau/hapū level and that a coordinated effort was needed to reduce engagement fatigue, which needed to be worked through.

·    Major challenge and concerns around the expectations regarding capacity, capability and resourcing at the hapū, whānau and land trust level had been communicated to the Minister and was being considered by MfE.

Key Points - Members:

·    Further discussion to provide feedback to MfE could be discussed at the Komiti Māori Workshop on 23 February 2022.

·    Noted the potential loss of interaction and expertise between the Freshwater Implementation Group and Kahui Wai Māori.

 

11:55 am – the meeting adjourned.

 

12:05 pm – Chairman Leeder and Cr Winters withdrew from the meeting.

 

12:05 pm – the meeting reconvened.

7.     Reports
Ngā Pūrongo

Information Only
Hei Pānui Anake

7.1

Te Papa Ahurewa - Part One Report

The Chair advised that Te Rangimarie Williams, Te Papa Ahurewa Manager had been called away from the meeting due to an emergency. In her absence, Helen Creagh gave a brief overview of the covering report, which was followed by Arapeta Tahana, Te Arawa Lakes (TALT) Trustee who spoke in support of Te Papa Ahurewa.

Key Points - Staff:

·      Te Papa Ahurewa had met its deliverables for the first six months of its establishment, which included: the appointment of the Te Papa Ahurewa manager, establishment administration structure and website, completion of a capacity and capability study, engagement rollout for the National Policy Statement for Freshwater Management implementation in Te Arawa and ongoing consent work.

·      Further deliverables for the following six months had been agreed for completion by June 2022.

Staff in Response to Questions:

·      Considered that further time was needed for Te Papa Ahurewa to increase its provision of services as it continued to establish relationships and levels of trust with further Te Arawa iwi/hapū.

Key Points – Arapeta Tahana:

·    Confirmed and suspected that it would take further time for Te Papa Ahurewa to establish internal relationships and trust between TALT and the various Te Arawa hapū and iwi.

·    Te Arawa had approximately 50 hapū which created a level of complexity

·    Thanked Toi Moana for having the courage to provide funding and test something new and viewed Council and iwi needed to try to work innovatively and collaboratively.

·    Highlighted the difference in the way that Te Papa Ahurewa had been rolled out in comparison to the Canterbury model, which was established directly by hapū, whereas Te Papa Ahurewa had been driven top-down from a settlement entity.

·    Considered there was value in the model and from the perspective of a Ngāti Pikiao representative, Mr Tahana welcomed the support, however further time would be needed by Ngāti Pikiao to consider what support they required.

12.12 pm – Cr White entered the meeting.

 

·    Noted the challenges that iwi faced regarding the continuous changes in legislation and policy coming through from central and local government, which Te Papa Ahurewa could assist with.

·    Encouraged Toi Moana to continue to have the courage to allow the process to unfold, anticipating that it would make life easier for Council and iwi/hapū.

·    The space would continue to be complex however, noted that it reflected our natural environment and its diversity.

Key Points - Members:

·    Acknowledged Te Papa Ahurewa’s operation was a work in progress as they worked to establish themselves further.

·    Thanked and commended the korero provided by Arapeta.

12.20 pm – Cr von Dadelszen entered the meeting.

·    Looked forward to future updates from Te Papa Ahurewa on how the hub was progressing.

 

Resolved

That the Komiti Māori:

1        Receives the report, Te Papa Ahurewa - Part One Report.

Iti/Thompson

CARRIED

 

7.2

Chairperson's Report

Presented by: Kataraina O’Brien, Director Strategic Engagement, Anaru Vercoe, Pou Whainga – Principal Advisor and Reuben Gardiner, Senior Planner (Water Policy)

In Response to Questions - Staff:

·    In regard to Te Hononga, Te Arawa Primary Sector (TAPS) had submitted a proposal to establish an advisory group that had an extensive reach across Te Arawa land trusts.

·    Provided an overview of the sub-regional hui that was held two weeks earlier and the work being progressed with and by Te Papa Ahurewa and the current status of engagement.

·    Commonalities for tangata whenua across the sub-region were capacity and competing priorities and time.

·    Exploring other funding streams and working in collaboration with other research agencies was a consideration of staff.

Key Points - Members:

·    Congratulated the outstanding presentations provided at the meeting.

·    Applauded the Chair and staff for their exemplar leadership in the Te Hononga space and commended non-Māori councillors for engaging in the journey and process.

·    Raised the need to enable people to input, come up to speed and participate post-implementation of legislative reform.

·    Noted the benefit of having all elected members on Komiti Māori as Council navigated through this legislative landscape.

 

Items for Staff Follow Up:

·    A copy of Tina Porou’s presentation to the Freshwater Implementation Group on government arrangements was requested by Cr Thompson.

 

Resolved

That the Komiti Māori:

1        Receives the report, Chairperson’s Report.

Clark/Crosby

CARRIED

 

8.     Closing Prayer
Karakia Kati

A karakia was provided Cr Te Taru White.

12:50 pm – the meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                     Cr Matemoana McDonald

Chairperson, Komiti Māori


 

 

 

Pūrongo Ki:
Report To:

Komiti Māori

Rā Hui:
Meeting Date:

13 April 2022

Kaituhi Pūrongo:
Report Writer:

Dean Howie, Programme Manager - Regional Economic Development

Kaiwhakamana Pūrongo:
Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Kaupapa:
Purpose:

To provide the Komiti with a progress update, as required by the Funding Agreement Toi Moana has with Toi Kai Rawa to support activities that accelerate Māori development across the Bay of Plenty.

 

 

Toi Kai Rawa progress report

 

Whakarāpopototanga
Executive Summary

In accordance with the provisions of their Funding Agreement with Toi Moana, Toi Kai Rawa is ready to present their first report to Komiti Māori. The report provides an update on core activities and outlines progress made on implementation of projects identified in the funding agreement. The report is attached to this cover report.

 

Ngā tūtohutanga
Recommendations

That the Komiti Māori:

1        Receives the report, Toi Kai Rawa progress report.

 

1.        Kupu Whakataki
Introduction

As part of Toi Moana’s 2021-2031 Long Term Plan, Toi Kai Rawa requested funding support for core activities and specific projects identified as Strategic Platform Initiatives that have the potential to accelerate Māori development across the wider Bay of Plenty Region.

Toi Moana agreed to provide a total of $600,000 funding over three years for those core activities and projects: $300,000 in LTP Year 1, $200,000 LTP Year 2 and $100,000 LTP Year 3.

Toi Moana staff worked with Toi Kai Rawa to develop a Funding Agreement which details key deliverables, milestones and reporting requirements over the three year period for the activities and priority projects identified, and associated payments upon satisfaction of those deliverables and milestones.

Included in those deliverables are half-yearly reports to Komiti Māori.

Project initiatives include:

·      Pakihi Ora - Strategic Business Case for Social Procurement framework

·      Whenua Ora - Strategic Business Case for Whenua Māori Solutions Lab

·      Tangata Ora – co-funding for the Hihiko Te Rawa Auaha (Innovation Hubs) region-wide Programme

The Funding Agreement was signed in December 2021, and evidence of the first deliverables being satisfied was provided in late March 2022.

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

 

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We look to partnerships for best outcomes.

The funding provided to Toi Kai Rawa supports delivery of Council’s strategic priority of developing effective partnerships with Māori for better regional outcomes.

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

 

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

 

2.        Ngā Whakaarohanga
Considerations

2.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Toi Ka Rawa have provided an overview of continuity plans and a risk assessment for each project to ensure key mitigation factors are in place to minimise risk to the organisation and to their key funders.

2.2      Huringa Āhuarangi
Climate Change

This progress report is not directly related to climate change work, notwithstanding the recognition of climate change and its impacts within Toi Kai Rawa’s priority areas and/or specific kaupapa.

2.3      Ngā Pānga ki te Māori
Implications for Māori

The financial support provided by Toi Moana to support Toi Kai Rawa’s ongoing core activities and projects enables a critical ‘by Māori, for Māori’ approach to regional development that will improve outcomes for whānau.

Within high-level priority areas of Whenua Ora (Māori land development), Rangatahi Ora (Māori youth), Pakihi Ora (Māori Business networks) and Tangata/ Hāpori Ora (Māori Communities), Toi Kai Rawa empowers Māori entities, SMEs and individuals to contribute to a prosperous region through a focus on partnerships, investing in what works and designing enduring solutions.

2.4      Whakawhitiwhiti ā-Hapori
Community Engagement

 

Engagement with the community is not required as this report focuses on the activities of an external party.

 

2.5      Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. The work of Toi Kai Rawa for the remainder of the current financial year and the period of the Funding Agreement is included within current budgets.

3.        Ngā Mahi Whai Ake
Next Steps

Toi Kai Rawa will continue implementation of the projects and delivery of core activities identified in the LTP funding agreement, and deliver progress reports in accordance with the associated dates for satisfaction.

 

Tuhinga Tautoko
Attachments

Attachment 1 - Toi Kai Rawa - Komiti Maori update April 2022   


Komiti Māori                                                                                                                  13 April 2022

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Pūrongo Ki:
Report To:

Komiti Māori

Rā Hui:
Meeting Date:

13 April 2022

Kaituhi Pūrongo:
Report Writer:

Sharon Pimlott, Projects Officer - Maori Policy; Toni Briggs, Senior Project Manager and Herewini Simpson, Kaihautu - Te Amorangi Lead

Kaiwhakamana Pūrongo:
Report Authoriser:

Kataraina O'Brien, Director, Strategic Engagement

Kaupapa:
Purpose:

Approval of Partnerships with Māori Action Plan

 

 

Approval of Partnerships with Māori Action Plan

 

Whakarāpopototanga
Executive Summary

Partnerships with Māori is one of the three impact areas identified during the development of Council’s Long Term Plan 2021-2031.

The Partnerships with Māori Action Plan 2021 – 2023 sets out the actions that support the vision, objectives and transformational shifts contained within Councils Partnerships with Māori Impact Statement.

Following a workshop held with Komiti Māori on the 23rd February 2021, with no changes noted, the Action Plan has been finalised and is ready for approval.

 

Ngā tūtohutanga
Recommendations

That the Komiti Māori:

1        Receives the report, Approval of Partnerships with Māori Action Plan.

2        Approves the attached Partnerships with Māori Action Plan

3        Delegates to the Strategic Engagement Director the ability to make minor amendments, if required, to the Partnerships with Māori Action Plan.

1.        Kupu Whakataki
Introduction

The purpose of Komiti Māori is to provide direction and guidance on Council’s obligations to Māori in relation to; growth of authentic partnerships with Māori, strategic direction, emerging issues, legal requirements, effective engagement, awareness and understanding.

Driving enhancements to Council’s responsiveness to Māori is ongoing in our mahi and a catalyst for promoting transformational change. We recognise that relationships and partnerships with Māori must be a key focus and is one of our top three priorities.

On 17 August 2021, Komiti Māori approved Council’s Partnerships with Māori Impact Statement which was developed to guide governance and operations in the way we work, partner, and actively support Māori. The statement has a vision, principles, objectives, and goals, and identifies actions to enhance and innovate future partnerships. 

Staff developed a specific plan of action for achieving the Impact Statement Objectives, and a Partnerships with Māori Programme to coordinate, direct and oversee specific projects and actions; this was workshopped with Committee members on the 23rd February 2022. No changes to the Action Plan were noted.

The significant engagement undertaken with tangata whenua in the development of both He Korowai Mātauranga and Te Hononga provided a strong repository of feedback that informed both the Partnerships with Māori Impact Statement and Action Plan.

1.1      Pou Tarāwaho ā-Ture
Legislative Framework

Council’s operational frameworks incorporate a number of Māori outcomes underpinned by specific statutory obligations to Māori. 

Specifically, the Local Government Act 2002 requires Council to:

-       Take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to Local Government Decision making processes.

-       Establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority

-       Consider ways in which it may foster the development of Māori capacity to contribute to decision making processes of the local authority.

Similarly, the Resource Management Act 1991 recognises the Treaty partnership and principles and includes a myriad of obligations which shape Council’s relationship to tangata whenua.

We acknowledge pending changes through central government policy and regulatory reform will enhance and promote provision for Māori as Treaty partners, within local government.  Key areas of reforms provide a consistent theme to give effect to the principles of Te Tiriti/Treaty of Waitangi and provide greater recognition of Te Ao and Mātauranga Māori.

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

 

The Way We Work

We look to partnerships for best outcomes.

Council’s Long-Term Plan 2021-2031 identifies ‘Partnerships with Māori’ as one of its eight strategic priorities.  Specifically, Council has committed to ‘working with Māori in partnerships to deliver outcomes for the region through a Partnerships with Māori Impact Statement.

1.2.1    Key Decisions/Progress Timeline

The list below outlines key decisions made by Councillors leading to the development of our Partnerships with Māori Position Statement and Action Plan:

Date

Decision

Feb 2018

Komiti Māori approves:

· He Korowai Mātauranga – Mātauranga Māori Framework

· Development of a Mātauranga Māori Implementation Plan

May 2018

Council approves LTP Funding for:

· Enhanced internal cultural/technical capability

Jun 2020

Council approves Annual Plan Funding for:

· Building partnerships/capacity and capability (Te Arawa Taiao Hub and Toi Kai Rawa)

Jun 2020

Strategy and Policy Committee approves:

· Te Hononga – Māori Engagement Plan for Fresh Water

Apr 2021

Council approves:

· Amendments to Komiti Māori Terms of Reference.

· Māori Partnerships and shared decision-making to be progressed through Komiti Māori.

May 2021

Council approves LTP funding:

· Māori Engagement for Freshwater.

· Māori Economic Development.

· Building Māori Capacity and Capability.

Aug 2021

Komiti Māori approves:

· Our partnerships with Māori Position Statement

Feb 2022

Komiti Māori workshop

·    Discuss and consider content for the draft Māori Partnerships action plan.

We anticipate potential future decisions on Governance level matters. We will have a better steer on these as the implementation progresses.

1.2.2    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

Medium - Positive

þ Economic

Low - Positive

 

 

 

2.        Māori Partnership Action Plan 2021-23

2.1      Partnership with Māori Action Plan

The Action Plan itself is a consolidation of the Impact Statement and action being undertaken to deliver on the impact statement objectives.

This action plan aligns with Councils other two impact statements: Climate Change and Community Participation and Constructive Relationships.

Māori Partnerships Action Plan 2021-23 formalises projects and actions that contribute to the Objectives of the Partnership with Māori Impact Statement.

Attachment 1: Partnership with Māori Action Plan 2021-23.

2.2      Partnership with Māori Programme

The mahi that contributes to the Partnership with Māori Impact Statement objectives is organised into four focus areas: relationships, capability, planning and partnership.

The programme of work encompasses two main components - new projects that directly fulfil objectives are documented in the Partnerships with Māori Action Plan, and organisational projects outlined in internal team Service Plans that contribute to the Impact Statement objectives.

The Programme itself has a confirmed budget under the Long-Term Plan 2021-2031. If any additional funding requirements are identified, these will be part of Annual Plan process.

2.3      Action Plan Reporting

Staff are taking a tiered approach to reporting. The Reporting process will be both internal and external:

·      Internal programme reporting on progress will be undertaken with the Director, Strategic Engagement monthly.

·      Partnership with Māori Impact Statement progress will be reported to the Leadership Team, along with the Climate Change and Community participation Impact Statements, on a quarterly basis.

·      Partnerships with Māori Action Plan progress will be reported to Komiti Māori every 6 months – with the first progress report to Komiti Māori at the August 2022 meeting.

·      A summary of all reporting, including progress on contributing organisational projects will be through Arotake quarterly and annual reporting.

3.        Ngā Whakaarohanga
Considerations

3.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

An early risk around internal resourcing capacity to deliver on the actions was identified and subsequently mitigated by the established of a programme and a dedicated project officer role was created to coordinate and oversee delivery of the actions

There are no other significant risks identified at this point.

3.2      Huringa Āhuarangi
Climate Change

Our Partnerships with Māori Impact Statement aligns with the Climate Change Position Statement. The Climate Change programme and action plan identifies opportunities to involve Māori in projects and planning so as to recognise and provide for valued input and perspectives. 

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

3.3      Ngā Pānga ki te Māori
Implications for Māori

Our Partnerships with Māori Impact 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

3.4      Whakawhitiwhiti ā-Hapori
Community Engagement

The focus of the Partnership with Māori Impact Statement and the supporting programme is to build better relationships and partnerships with tangata whenua. 

The Action Plan reflects the feedback and information received through formal and informal processes including LTP, Annual Planning and targeted engagement undertaken with tangata whenua in the development of He Korowai Mātauranga and Te Hononga.

We have transferred ideas into tangible actions to improve our responsiveness to Māori.

 

3.5      Ngā Pānga ā-Pūtea
Financial Implications

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

4.        Ngā Mahi Whai Ake
Next Steps

Staff will begin implementing the programme to coordinate, direct and oversee the delivery of the actions within the plan.

 

Tuhinga Tautoko
Attachments

Attachment 1 - Māori Partnership Action Plan - FINAL

Attachment 2 - Partnerships with Māori Statement - FINAL

Attachment 3 - 2022.01 DRAFT Toi Moana Impact Areas  

 


Komiti Māori                                                                                                                                  13 April 2022

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Komiti Māori                                                                                                                  13 April 2022

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Komiti Māori                                                                                                                                  13 April 2022

 


 

 

 

Pūrongo Ki:
Report To:

Komiti Māori

Rā Hui:
Meeting Date:

13 April 2022

Kaituhi Pūrongo:
Report Writer:

Michelle Hingston, Advisor - Kaupapa Maori and Herewini Simpson, Kaihautu - Te Amorangi Lead

Kaiwhakamana Pūrongo:
Report Authoriser:

Kataraina O'Brien, Director, Strategic Engagement

Kaupapa:
Purpose:

Update on Treaty settlements and related matters within the region.

 

 

Treaty Updates - Bay of Plenty

 

Whakarāpopototanga
Executive Summary

This report provides an update on Treaty Settlements, Waitangi Tribunal inquiries, the Marine and Coastal Area (Takutai Moana) Act and related matters. 

In March 2002, Ngāti Rangitihi settlement legislation was enacted, which will see the establishment of the Tarawera Restoration Strategy Group. Similarly the Whakatōhea settlement which provides for a new Kaitiaki Forum, is progressing through its final stages. Council will have membership and administrative functions in both forums.

Also in March 2002, the Waitangi Tribunal released its Motiti Inquiry ‘kinship review’ report, which clarifies the tangata whenua status of different groupings and provides useful guidance for Crown and other agencies when engaging with Motiti.

Finally a number of Marine and Coastal Act (Takutai Moana) orders over coastal areas in Tauranga Moana and Ōpōtiki have recently been made by the High Court, the first examples of orders under this regime. 

 

 

Ngā tūtohutanga
Recommendations

That the Komiti Māori:

1.       Receives the report, Treaty Updates - Bay of Plenty.

 

1.        Kupu Whakataki
Introduction

The Bay of Plenty region has the largest proportion nationally of hapū/iwi (approximately one third) giving rise to a significant number of Treaty settlements at various stages of completion (see summary below).[1]

Progressively, approximately two thirds of historic Treaty claims within the region are now settled. However, among remaining settlements are significant components including Tauranga Moana framework and other bespoke resource management arrangements in both the Whakatōhea and Te Whānau-a-Apanui settlements.

Treaty settlement legislation frequently includes obligations for Council to partner and work collaboratively with Māori, through mechanisms including co-governance, co-management and joint management arrangements. Newly established examples of these are further discussed below. 

No

Status settlements and claims

Comments

21

Completed Treaty Settlements (legislation enacted)

·      18 individual iwi

·      3 iwi collectives

6

1

Individual Deeds of Settlement                                 

Collective Deed of Settlement                                 

(awaiting ratification / legislation)

·      Ngāi Te Rangi & Ngā Pōtiki         

·      Ngāti Ranginui

·      Whakatohea

·      Ngāti Tara Tokanui

·      Ngāti Tamatera

·      Ngāti Maru

----------------------

·      Tauranga Moana (Harbour interests) Collective (on hold)

1

Agreement in Principle

·      Te Whānau a Apanui

4

Yet to be negotiated

·      Pare Hauraki (Tauranga Harbour interests)

·      Ngāti Whakaue, Ngāti Whakahemo, Ngai Tai.

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

 

A Vibrant Region

We work with and connect the right people to create a prosperous region and economy.

The Way We Work

We honour our obligations to Māori.

As Treaty partners, Māori play an increased role in regional leadership across a range of areas – social, environmental and economic. Treaty settlement legislation frequently includes obligations for Council to partner and work collaboratively with Māori, through mechanisms including co-governance, co-management and joint management arrangements.

1.1.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

Medium - Positive

 

 

 

2.        Treaty settlements under negotiation

2.1      Ngāti Rangitihi

The Ngāti Rangitihi settlement legislation was enacted on 15 March. The settlement establishes the Tarawera Restoration Strategy Group (TRSG) as a co-governance entity for the Tarawera River catchment. Key points:

·      The TRSG comprises of eight representatives, four iwi appointed: Ngāti Rangitihi, Ngāti Awa, Ngāti Mākino, Ngāti Tūwharetoa (BoP), and four from councils: BOPRC, Kawerau, Rotorua Lakes, and Whakatāne.

·      Importantly, council representatives are not limited to elected officials, with new discretion to appoint council staff or other persons to the position.

·      BOPRC is responsible for administrative support to the group for the first 3 years, at which point responsibility may transfer to another member, (BOPRC remains the default provider in the event otherwise).

·      The TRSG must commence the preparation of the draft Strategy Document no later than 3 years after the settlement date (April 2022

·      On settlement date, the Crown will pay BOPRC a one-off contribution to the costs of the preparation and approval of the draft Strategy Document.[2]

Staff were recently invited to meet with key representatives of Ngāti Rangitihi who are keen to progress implementation discussions.

2.2      Te Whakatōhea

The Whakatōhea Deed of settlement was initialled 23 December 2021, with a ratification process currently underway. If successful, settlement legislation will then be enacted. We anticipate a period of approximately 12-18 months to reach that point. Concurrent with this, the Waitangi Tribunal is also progressing its Inquiry into Whakatōhea Historical Claims (see section 3).  

The settlement provides for the establishment of the Whakatōhea Kaitiaki Forum, a natural resource arrangement over the rivers and their catchments in the Whakatōhea rohe. Other key points;

·      Membership includes 3 representatives appointed by BOPRC, who may be elected officials, council staff or other persons.

·      Permanent Joint Committee of BOPRC and Ōpōtiki District Councils.

·      BOPRC is responsible for admin and technical support for first term (3 years). Thereafter it passes to Iwi.

·      The first term must commence within 6 months of the Settlement Date (anticipate mid-late 2023).

·    The Crown has agreed an initial cost contribution towards initial establishment and operation of the forum. [3]  Additionally, the Crown has also signalled potential cost contributions towards joint management agreement on a case-by-case basis as these become known.

2.3      Te Whānau a Apanui

Te Whānau-a-Apanui signed an Agreement in Principle in June 2019 and are working towards a Deed of Settlement (anticipated mid 2022), with settlement legislation anticipated late 2023.

The settlement provides a bespoke natural resources arrangement - Te Ao Turoa - over the entirety of the Apanui rohe. Central to the arrangement are three components; Development of a Relationship Agreement, Rohe Document and Freshwater Plan. Of particular note:   

·    Time sensitivity: Alignment of the Apanui Freshwater Plan with 2024 National Policy Statement Fresh Water Management timeframe is a potentially significant issue. A number of mitigation measures are being considered, including advanced initiation of Te Ao Turoa, prior to settlement legislation enactment, and/or concurrent rather than sequential development of its 3 key components.

·    There is no joint council-iwi ‘forum’ as with existing BOPRC co-governance /co-management arrangements, however, Governance level decisions will still be required at key points ie on scope of the proposed Relationship Agreement.

·    The Crown has yet to confirm the amount of its agreed contribution to Councils operational costs for the Te Ao Turoa.

Council staff have attended several negotiation meetings and are continuing to engage with Crown and Apanui representatives, particularly around the timing and phasing of the Te Ao Turoa components.  

2.4      Tauranga Moana Collective

Following the signing of the Pare Hauraki Settlement in 2018, a tikanga based process was put in place to resolve overlapping claims in respect of Tauranga Moana Harbour. Discussions between Hauraki and Tauranga Moana remain ongoing, however no reliable indication of timeframes for this process or next steps, is currently available.

3.        Waitangi Tribunal

3.1      Whakatōhea Inquiry (North-Eastern BOP District Inquiry)

The Waitangi Tribunal has commenced a North-Eastern BOP district inquiry (WAI 1750) to take place alongside continuing settlement negotiations between Whakatōhea and the Crown. This ‘parallel process’ of concurrent negotiations and Tribunal inquiry is a unique occurrence not previously undertaken across the Treaty settlement landscape.

While Whakatōhea historical claims would be a key focus of the Inquiry, it will also hear Whakatōhea contemporary grievances (events post 1992), and from other claimants within the inquiry district not affiliated to Whakatōhea, ie Ngāi Tai (Tōrere).

The inquiry is currently in the planning and research phase with the inquiry schedule and timeframes yet to be determined.

3.2      Motiti Inquiry

The Waitangi Tribunal released its Report on the Te Moutere o Motiti Inquiry (Wai 2521) on 21 March 2022. 

The claimants were Graham Hoete, Umuhuri Matehaere, Kataraina Keepa, Jacqueline Taro Haimona, and Te Atarangi Sayers on behalf of Ngā Hapū o te Moutere o Motiti.  They alleged that the Crown breached te Tiriti by failing to recognise Ngā Hapū o te Moutere o Motiti as a distinct tribal group with historical and contemporary claims not settled by the Ngāti Awa Treaty Settlement Act 2005.  They argued in particular that the Crown, through its process to assess their tribal status – known as the kinship review – breached the principles of partnership, active protection, and equal treatment. 

The Tribunal took the (relatively unusual) approach of determining who were the tāngata whenua of Motiti before going on to consider whether the Crown’s process was in breach of Te Tiriti.  The parties agreed that this was necessary.  The Tribunal acknowledged that the issue was highly contested but after considering all of the evidence found that:

·      Te Patuwai are the tangata whenua, Te Patuwai is a unified tribal identity that affiliates to Ngāti Awa, and that Ngāi Te Hapū is an integral part of the Te Patuwai identity.  

·      Te Whānau a Tauwhao, a hapū of Ngāi Te Rangi, are also tangata whenua on Motiti. 

·      The Ngāti Awa Claims Settlement Act 2005 settled Motiti Island historical claims based on descent from Te Hapū.

The Tribunal concluded that the Crown’s process did not breach the principles and as a result made no formal recommendations.  However it recognised some flaws with the process and provided some suggestions about how the Crown should approach disputes about tribal identity in general.  Essentially these involve supporting and working more closely with all parties in designing the process and exercising caution, perhaps using independent facilitators, where the question of identity is contested. 

In the case of Motiti, the Crown was aware of the conflicts between the groups and should have approached the review with a heightened awareness of the need to promote whanaungatanga and avoid further damaging relationships between them.  

The Tribunal also offers specific suggestions about how the Crown should engage with the tāngata whenua of Motiti in the future.  This focusses on Te Patuwai rather than Te Whānau a Tauwhao, given engagement with Tauwhao was not the inquirys focus.  The Tribunal concluded that the Te Patuwai Tribal structure is the legitimate vehicle for exercising mana over Motiti and so has suggested that on all issues concerning Motiti, the Crown should first engage with the Te Patuwai Tribal Committee to receive direction on which entities it needs to engage with – marae, hapū, or iwi – about that issue. Depending on the kaupapa, the Te Patuwai Tribal Committee will connect the Crown with the relevant representatives of the marae, the hapū, or the iwi as appropriate. 

The Tribunal also considered the role of the Motiti Rohe Moana Trust and said “We cannot accept that the Motiti Rohe Moana Trust, which operates independently of this structure, is a legitimate body representing and exercising the mana of Te Patuwai on Motiti. Although the Trust initially had the support of the Motiti Marae Committee, it later lost this support. Since then, it has largely operated under the exclusive guidance of individuals who support the Trust, rather than with the support of the Motiti marae and wider hapū.”

The Tribunal’s findings and suggestions are not binding but are authoritative and entitled to respect.   While they do not necessarily directly affect current Court processes or operative plans, including where those relate to the Motiti Rohe Moana Trust, they may be relevant to future processes.  

Council already works directly with Te Patuwai in relation to Motiti Island matters, and is committed to building a strong working relationship with the hapū, including most recently in relation to the Motiti Protection Areas and the associated monitoring.   

Staff are aware that the findings have not been accepted by all parties and legal challenges have already been signalled.   

4.        Matters of interest

4.1      Co-Governance Secretariat

Councils Long Term Plan 2021 includes funding for an independent secretariat to support iwi partners of the Rangitāiki River Forum and Te Maru o Kaituna, following a joint submission of the respective Chairs.

The secretariat will provide a range of support services (technical, project management and coordination) with the ability to also requisition independent professional advice as needed.  The initial focus will be the development of a work programme for each fora, and subsequent implementation.  

4.2      Waitaha

The Waitaha settlement (Western BOP) signed in 2011 includes statutory acknowledgements over natural resources within their rohe and provides a specific foundation to encourage engagement between Waitaha and Council.

In June 2021, Waitaha presented at Komiti Māori and outlined a desire to formalise a relationship with Council. Councillors and staff met with Waitaha in February with discussions ongoing. 

5.        Marine and Coastal Area Hearings

A number of Marine and Coastal (Takutai Moana) Act 2011 orders over coastal areas in Tauranga Moana and Ōpōtiki have recently been made by the High Court, the first examples of orders under this regime. 

5.1      Re Edwards

In 2021, High Court granted orders for customary marine title and protected customary rights to a number of applicant groups in the eastern Bay of Plenty. Several cross appeals have since been lodged in the Court of Appeal and it is expected further appeals will later be made to higher Courts, consistent with this being a ‘test case’ as the first exercise of jurisdiction under the MACA regime.  A substantive hearing by the Court of Appeal has yet to be set down.

5.1.1    Re Edwards Stage 2:

Re Edwards Stage 2 hearing was to ascertain boundaries and detail for the customary marine title and protected customary rights orders. Council provided evidence on the implications of the orders on Council processes. An interim decision is anticipated in the next few months.

5.2      Ngā Potiki Claim (Re Reeder)

The Ngā Potiki claim (Re Reeder) has been separated into stages to assist in decision making due to the large geographical nature of the claim. The area covers the Bay of Plenty Coastline from Ōmanu to Te Tumu and out 12 nautical sea miles encompassing Motiti and Motunau Islands and associated reefs. The claim also covers Rangataua Bay between Bay Park and Maungatapu.

5.2.1    Stage 1 – Te Tahuna o Rangataua

Joint customary Marine title was granted in October 2021 to Ngā Potiki o Tamapahore, Ngāti He, Ngāti Tapu, Ngāi Tukairangi and Ngāti Pūkenga. Crown and iwi applicants have both requested a further hearing (5 December 2022) on the wāhi tapu status and conditions.

5.2.2    Stage 2- Te Tumu-Ōmanu and 12 nautical miles

Stage 2 of the Ngā Potiki claim covers the Pāpāmoa coastline from Ōmanu to Te Tumu and out to 12 nautical miles of sea, therefore encompassing Motiti island. Only customary marine title applications are covered in this stage. A decision is pending and it is anticipated that a further hearing will be set to deal with orders if they are granted.

6.        Ngā Whakaarohanga
Considerations

6.1      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.

6.2      Ngā Pānga ki te Māori
Implications for Māori

The completion of each Treaty settlement marks a significant milestone for the iwi concerned, and more broadly, the wider region as well. Treaty settlements have produced a number of new arrangements to bolster the role of Maori in local leadership, as drivers of strategic plans, iwi-lead initiatives and economic development opportunities across the region. As we move further into the post-Treaty settlement era, it is expected this trend will continue.

6.3      Ngā Pānga ā-Pūtea
Financial Implications

As noted above Crown policy provides for a cost contribution towards co-governance/management establishment and initial operation. Future implementation costs (for potential actions) however will need to be considered for within operational budgets or otherwise at that point.

7.        Ngā Mahi Whai Ake
Next Steps

Staff will provide a further update to Councillors as to timeframes for inauguration / establishment of co-governance/management arrangements as these fall due.

Regulatory or policy implications form MACA orders will be canvassed in detail through other lead Council Committees as appropriate.

 

Tuhinga Tautoko
Attachments

Attachment 1 - Treaty and MACA Map - February 2022 


Komiti Māori                                                                                                                                  13 April 2022

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Komiti Māori                                                                                                                                  13 April 2022

 

 

 

Report To:

Komiti Māori

Meeting Date:

13 April 2022

Report Authoriser:

Kataraina O’Brien

 

 

Ngā Kōrero a te Tiamana - Komiti Māori Chairperson's Report

 

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.   Manuhiri – brief profile on our guest presenters:

a.   Annette Sykes and/or Dr Mahina-A-Rangi Baker will be speaking about Mana Whakahaere in the context of Fresh Water policy.

b.   Tina Porou, Kaupapa Māori Environmental Consultant will be presenting on Te Mana o Te Wai and the changes for decision makers.

c.   Te Kapunga Dewes, CEO of Whenua Oho will be speaking on implications of the proposed amendments to the Emissions Trading Scheme.

2.   A series of brief updates on current matters including:

·      Marae Water and Wastewater (OSET) project implementation in the Eastern Bay.

·      Progress on the Ōpōtiki Harbour Development & Master Planning.

·      New Māori Aquaculture initiative (land-based mussel spat hatchery) on the East Coast.

·      Transpower Hairini High Court Decision, outcomes and observations for tangata whenua.

·      Pilot programme to support Māori Hearing Commissioners to gain practical experience.

 

Recommendations

That the Komiti Māori:

1     Receives the report, Ngā Kōrero a te Tiamana - Komiti Māori Chairperson's Report.

 

1.        Kuapapa Tuatahi: Kupu Whakataki

Introduction

·    Staff are working with Marae communities to provide assessments and advice on improving marae water and wastewater systems. 

 

·    Ōpōtiki District Council (ODC) are progressing the construction of Port and Harbour facilities to support offshore aquaculture development in the region.  As part of this process, they are working on a Master planning project to connect the harbour development with the town.

 

·    For several years tangata whenua in the Eastern Bay of Plenty have been exploring aquaculture opportunities. Te Whānau a Apanui recently secured a Government grant of $6m for a land-based mussel spat hatchery.

 

·    Transpower has confirmed it will not be progressing the realignment of the Hairini Transmission following the Court of Appeal decision to decline Transpower’s application for leave to appeal the High Court decision.

 

·    The Ministry for the Environment has recently completed the first phase of an operational review of the Making Good Decisions Programme (June 2021).  A pilot project is being developed to enable people to gain practical experience as an observer of a hearing panel and be exposed to hearing procedures.

2.        Kuapapa Tuarua: Guest Presenter Profiles  

2.1         Presenter: Annette Te Imaima Sykes – Ngāti Mākino and Ngāti Pikiao

e-tangata.co.nz/wp-content/uploads/2018/04/Anne...Annette Sykes is of Ngāti Makino and Ngāti Pikiao descent. She is principal of her own law firm Annette Sykes & Co Ltd and has practised in all the courts of New Zealand, particularly in the jurisdiction of the Waitangi Tribunal. She is a popular guest speaker on issues of Māori sovereignty, the Treaty of Waitangi and Māori justice at various conferences throughout New Zealand and internationally.

She has attended numerous International seminars promoting the rights of indigenous peoples and gave evidence in the Women’s Court against Racism in Durban, South Africa in 2001. Annette was recently appointed to the Kāhui Wai Māori Advisory Group, which is one of two advisory groups providing advice to the government on the freshwater reform programme, in particular, Mana Whakahaere and the principles of Te Mana o Te Wai and its objectives.

2.2         Presenter: Dr Mahina-A-Rangi Baker – Kahui Wai Māori

Te Ātiawa, Ngāti Raukawa ki te tonga, Ngāti Toarangatira

Dr Mahina-A-Rangi is a member of the Kahui Wai Māori, a forum that provides independent advice to the government on freshwater policy. She has a PhD in Resource and Environmental Planning. Her thesis was on mātauranga Māori quantitative modelling of freshwater catchments. She runs a small environmental consultancy and is currently Pou Takawaenga Taiao, for her iwi Te Ātiawa ki Whakarongotai.

             

2.3         Presenter: Tina Porou - Kaupapa Māori Environmental Consultant 

              Ngāti Porou, Ngāti Tūwharetoa, Ngāi Tamamuhiri and Ngāti Rakaipaaka

Our Trustees | Lake Taupō Forest TrustTina Porou is the founder of Poipoia, a kaupapa Māori company committed to providing environmental services to iwi, the public and private sector.

Tina has worked as an environmental planner and a tangata whenua advocate in the natural resource management space for over 20 years on projects that have included developing papakainga houses for social wellbeing, facilitating environmental restoration programmes, engaging in national policy interventions on water, climate change and biodiversity while working with iwi and councils to enable stronger decision sharing relationships.

Tina has specific experience in the areas of water allocation and quality, geothermal development and cultural impact assessments.

This broad range of work provided a strong platform for sustainable development approaches, all from a tangata whenua perspective. Tina held the role of the Head of Sustainability at Contact Energy which provided deep experience in corporate responsibility and the operationalisation of these ideals in a commercial space and more broader assisting Māori businesses delve deeper into their own kaitiakitanga aspirations.

Tina holds board governance positions on the Lake Taupo Forest Trust, Ngāti Porou Forests, Pahii Taua and is based in Wellington. Poipoia has a small team of experienced iwi practitioners and technicians in the field of resource management from across the regions. Tina's broad experience in working with hapū, whānau and iwi has provided her with a multi layered approach to natural resource management that provides unique perspectives to address environmental challenges.

2.4         Presenter: Te Kapunga Dewes – CEO of Whenua Oho

              Ngāti Porou, Te Arawa and Te Whakatohea   

Te Kapunga Dewes has twenty years’ senior management experience in the forestry and manufacturing sectors, including CEO of PF Olsen Ltd, the largest privately owned forestry company in Australasia.  He is current CEO of Whenua Oho, a Māori landowner advisory and advocacy service.  Te Kapunga is on a number of Māori Trusts, government advisory groups, and is Chair of Nga Pou a Tane – a national Māori Forestry Association.

3.        Kuapapa Tuatoru: Ture Updates

3.1      Key Actions and Updates from 22 February 2022 Komiti Māori Hui

Draft Risk Assessment Update

The draft risk assessment for Waikirikiri Marae is now complete.  The assessment will be considered by the Whakatāne-Tauranga Rivers Scheme Advisory Group and the work will inform options for river management, erosion control and erosion protection.

4.        Kaupapa Tuawha: Marae Water and Wastewater Project Update

This update outlines preparation for the formal rollout of the Kōhī based project, as well as summarises progress for the Mauao rohe marae project.

4.1      Kōhī Marae Water and Wastewater Project

Steady progress is being made with preparing to launch the project with Kōhī based marae, expected to occur in late April/early May, with supporting information and documentation currently being finalised. Word of mouth has been spreading regarding this Kaupapa following last year’s presentation to Komiti Māori. This has resulted in some excellent opportunities to test our assessment process (see below).

Staff have been conscious of promoting the project in the midst of the current Omicron outbreak, as engagement and onsite assessments would be challenging during this time.

4.1.1    Onsite assessments

Following the October 2021 presentation to Komiti Māori, staff were contacted by representatives of Ngāti Manawa to discuss the project. After a short hui, we were requested that all four Ngāti Manawa marae have their water and wastewater systems assessed.

The site visits were undertaken prior to Christmas with Te Runanga o Ngāti Manawa staff, a marae representative for each marae visited, a Whakatāne District Council staff member, the Regional Council project coordinator and the external technical assessor.

Feedback from Ngāti Manawa regarding the process and the output (information and kōrero) received has been hugely positive. In addition, the project team really appreciated Ngāti Manawa’s cooperation and advice, both prior to and during the site assessment. That insight has helped shape the way we plan to roll out the project

Six assessments with the Kōhī takiwa have been done.

4.1.2    Council funding support

Council have proposed significant funding in the draft Annual Plan to help ensure the success of the project.  Funding of the 6 marae assessments undertaken to date have been sourced through existing budgets.

4.2      Summary of progress in the Mauao rohe

Good progress has been made on the project since the last update in October. Several more marae have been connected to sewer or had their onsite systems upgraded, with several more awaiting installation of their new systems.

Recently the project group have been advised that the funding of the project, delivered through the Crown Infrastructure Partner’s Shovel Ready Fund, has had its deadline extended to the end of June 2022. The funds were originally required to be spent by the end of March 2022. This extension should now allow for the five remaining marae solutions to be completed.

The following table summarises progress:

 

Connected to sewer

OSET Solution in place

Solution to be in place by 30 June 2022

Yet to engage

Number of Marae

5

9

5

3

Please note that the last report highlighted that there were 23 marae within the project, however one of those marae was actually a community facility so is outside of the scope of this project.

4.3      Marae in Ōkurei rohe

There are three marae within the Ōkurei Constituency that are yet to be assessed. These are the Tokerau, Tarukenga and Te Huingawaka marae.

 

As the Te Huingawaka marae is located within the Kaingaroa Forest Village, it is likely connected to the reticulated network and will therefore be removed from the scope of the project. The remaining two marae will be contacted independently in the same manner that we are approaching the Kōhī marae.

5.        Kaupapa Tuarima: Ōpōtiki Harbour Development & Master Planning

Ōpōtiki District Council (ODC) have been progressing the construction of the Port and Harbour facilities to support offshore aquaculture development in the region.  As part of this process, they are working on a Master planning project to connect the harbour development with the town to realise full economic benefit from the port development and associated facilities. The Master planning project is to be presented to ODC Council in August 2022. 

To support the Master planning process Bay of Plenty Regional Council (Toi Moana) have pulled together a range of expertise to provide consistent advice to ODC, this includes policy and consents planning specialists, urban and transport team, marine biosecurity officers, engineering and rivers and drainage team, compliance, and maritime team. Staff at Toi Moana are coordinating feedback and this week an initial project meeting was held to introduce the team to the ODC project team and establish regular meetings. 

Background

The Operative Regional Coastal Environment Plan (RCEP) includes objectives and policies which identify the role of our Ports in the region and their contribution to economic and social wellbeing.  The RECP identifies Ōpōtiki Harbour Development Zone which provides for structures associated with the provision of aquaculture processing and servicing facilities provided the adverse effects are avoided, remedied, or mitigated (Policy HD 12).  Opotiki District Council plan also includes objectives, policies, and specific marine industrial and marine services.  In 2009 ODC were granted consents, which have been monitored by Toi Moana and to date have been fully complied with. 

Of relevance to this project is the Takutai Moana Applications for Customary Marine Title (CMT) and Protected Customary Rights (PCR).  Recently, applications have been heard by the High Court and CMT and PCR have been granted subject to final decisions of the Court (two phase hearing process) in relation to this area.  This means that any application for a resource consent needs to seek out the approval of their project by the CMT and PCR holders.  Subsequently, Ōpōtiki District Council are focused on working with their existing consents.  Toi Moana are mindful of our relationships with whanau, hapu and iwi and the successful CMT and PCR applicants.

6.        Kaupapa Tuaono: Māori Aquaculture in the Bay of Plenty Update

Over the last two years tangata whenua in the Bay of Plenty have been focused on opportunities for aquaculture and how to collaborate in this space.  This mahi includes exploring land based and marine opportunities for growing kai for the future.  The collective have:

•   explored economic opportunities assessments,

•   held a collective hui with the support of MPI/Ministry of Fisheries,

•   signed a collective science provider agreement,

•   received positive correspondence with the Minister of Oceans and Fisheries, and

•   have been working with Te Ohu Kaimoana on Bay of Plenty Aquaculture agreements, which include aquaculture settlement processes.  

Te Whānau a Apanui have been granted $6m from the provisional growth funds and the Regional Strategy Partnership Fund for a land-based mussel spat hatchery.  A hatchery is a human-made system where mussels are bred, parent mussels produce eggs and sperm, and then the larvae which are tiny swimming seeds. 

They are raised and fed on floating plans until it gets to the point where they are ready to settle on a piece of seaweed, twisted on Christmas tree rope in the tanks.  The topes are then moved out and hung out on a farm.

The Iwi aim to produce 30,000 tonnes of mussel spat a year and self to mussel farmers throughout New Zealand. 

7.        Kaupapa Tuawhetu: Transpower Hairini High Court Decision

Transpower has now confirmed that it will not be progressing the realignment of the Hairini Transmission Line and formally surrendered its consents at the start of March.   This followed the Court of Appeal decision to decline Transpower’s application for leave to appeal the High Court decision.  In light of the High Court’s binding findings of fact and law, Transpower’s assessment is that there is not a viable consenting pathway for the proposed realignment project.

This means that reconsideration of the appeal by the Environment Court will not be required. Staff have assumed this means that Transpower intend to maintain the transmission infrastructure in its current alignment.  Transpower may also decide to redesign the proposal and lodge a new application.  If any new application is lodged it is likely to be subject to an RMA permission right under the Marine and Coastal Area (Takutai Moana) Act.  The hapū of Rangataua Bay that were granted Customary Marine Title by the High Court in 2021 have a statutory right to say no to activities requiring consent once the Customary Marine Title order is sealed. 

The result of the declined leave to appeal and the decision not to proceed with the Environment Court re-consideration also means that the High Court decision stands.  That decision has implications for future resource consent processes, particularly where cultural matters are at issue:

·      The High Court found that the RCEP contains “cultural bottom lines”.  This is the first time that this approach has been taken to cultural matters.  The High Court also applied the direction to avoid adverse effects to the Māori values attribute of the Tauranga Harbour ONFL.  This differs from the approach taken to date which is to assess effects on attributes holistically, rather than focussing on one attribute that contributes to the overall outstanding status.   

·      The High Court held that when the “considered, consistent, and genuine view of tāngata whenua is that the proposal would have a significant and adverse impact on an area of cultural significance to them and on Māori values of the ONFL, it is not open to the Court to decide it would not. Tangata whenua view is determinative of those findings”.  Deciding otherwise was held to be inconsistent with the principle of rangatiratanga, the obligation under s6(e) RMA, and the accepted approach that tāngata whenua are best placed to identify any impacts of a proposal.  The High Court decision represents a shift from that established position that cultural effects need to be substantiated and that the Māori provisions in the RMA  do not provide a veto right.  General opposition by tāngata whenua may be sufficient grounds to decline a proposal, certainly where strong policy directions like those in Policy IW 2 and NH 4 RCEP apply. 

·      The High Court’s findings on the application of Policy NH 11 and in particular the meaning of “possible” will also result in infrastructure development which might cause adverse environmental or cultural effects not being able to proceed if there is an alternative which is technically possible (although not necessarily financially feasible). 

Overall the precedent created by the decision will make it very difficult to consent infrastructure proposals in and around Tauranga Harbour and likely other significant natural heritage areas, including areas of cultural significance.  This is particularly so where a proposal faces significant opposition from tāngata whenua.

8.        Kuapapa Tuawaru: Making Good Decisions Programme

The Making Good Decisions (MGD) Programme is the approved accreditation qualification for hearings commissioners under section 39A of the Resource Management Act (RMA).  The Ministry for the Environment has recently completed the first phase of an operational review of the MGD Programme (June 2021).  The key findings include merits of:

·       more practical ‘on the ground’ training for MGD accredited persons;

·       greater use of tikanga-based learning; and

·       encourage greater adoption of the Programme with Treaty partners.

The Ministry is in discussion with Bay of Plenty Regional Council Toi Moana staff about a pilot project to support MGD accredited people who are Māori but are yet to practice as commissioners on an RMA hearing panels, as part of further building te ao Māori capacity for RMA decision-making.

The aim of the pilot project is to enable those persons to gain practical experience as an observer of a hearing panel and be exposed to hearing procedures so that they are prepared to be appointed onto hearings.  This includes from the point at which the hearing panel is appointed, and procedural decisions are made through to decision making deliberations after the close of a hearing and the writing of the decision. If successful, a similar approach is likely to be implemented more broadly across Aotearoa.

9.        Kaupapa Tuaiwa: LGNZ endorses Te Hononga

Local Government New Zealand has endorsed Te Hononga - Councils Māori freshwater engagement model as an exemplar for Māori engagement across the broader local government sector.

Te Hononga is focussed on building relationships with Māori and provides a pathway to support the implementation of the NPSFM 2020. Te Hononga recognises that iwi and hapū across the region have different interests, different levels of readiness, and varying ranges of capacity and capability to participate in planning processes. In response, a flexible approach is proposed, in which various options for involvement are made available, individually or in combination.

10.      Ngā Pānga ki te Maori

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 the Marae water and wastewater project, Harbour Development in Ōpōtiki, Māori Aquaculture in the Bay of Plenty and the Transpower Hairini High Court Decision, these are a reflection and an 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.

11.      Ngā Mahi Whai Ake

Financial Implications

There are no material unbudgeted financial implications. All projected expenditure fits within allocated budgets.

12.      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.



[1] For further details the “Treaty Settlement and MACA decisions” Map is attached to this report.

[2] $788k from the Crown

[3] $260k from the Crown