Agenda of Komiti Māori - Tuesday, 22 August 2023

Komiti Māori Minutes

20 June 2023

Komiti Māori

Ngā Meneti

Open Minutes

Commencing: Tuesday 20 June 2023, 9:30 AM

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga

Heamana

Chairperson: Cr Matemoana McDonald

Ngā Kopounga

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Chairman Doug Leeder

Cr Kat Macmillan

Cr Jane Nees

Cr Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Kevin Winters

In Attendance: Bay of Plenty Regional Council Toi Moana (BOPRC): Kataraina O’Brien – General Manager Strategic Engagement, Fiona McTavish – Chief Executive, Namouta Poutasi – General Manager Strategy & Policy, Reuben Fraser – General Manager Regulatory Services, Staff presenters – as listed in the minutes, Reuben Gardiner – Senior Advisor, Merehine Waiari - Senior Advisor, Via Zoom: Herewini Simpson – Kaihautu (Te Amorangi Lead), Rawiri Bhana – Senior Advisor (Treaty), Lisa Tauroa – Kaituitui/Strategic Engagement Coordinator, Riki-Lee Ainsworth – Māori Policy Advisor, Gina Mohi – Pūtaiao Mātauranga, Shari Kameta – Committee Advisor

Externals: Presenters – as listed in the minutes, Maru Tapsell and Harina Rupapera

Ngā Hōnea

Apologies: Cr Toi Kai Rākau Iti

Cr Ron Scott

Cr Ken Shirley

Cr Te Taru White

Cr Paula Thompson (late arrival)

The Chair reminded those present that this meeting was being livestreamed and recorded and that the recording would be made available on the Bay of Plenty Regional Council YouTube channel following the meeting – Komiti Māori Meeting - 20 June 2023 - YouTube.

1. Opening Prayer
Karakia Whakatuwhera

A karakia was provided by Reuben Gardiner.

2. Apologies
Ngā Hōnea

Resolved

That the Komiti Māori:

1 Accepts the apologies from Cr Toi Kai Rākau Iti, Cr Ron Scott, Cr Ken Shirley and Cr Te Taru White (for absence) and Cr Paula Thompson (for late arrival) tendered at the meeting.

Crosby/Nees

CARRIED

3. Items not on the Agenda
Ngā Take Tōmuri

Noted that BOPRC Winter Student Samuel Taylor would provide a verbal update on his learning journey as a Harvard University student - following agenda item 8.3, He Toka Tu Moana Scholarship Recipients.

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 - 13 April 2023

Resolved

That the Komiti Māori:

1 Confirms the Komiti Māori Minutes - 13 April 2023 as a true and correct record.

Nees/Macmillan

CARRIED

6. Presentations
Whakaaturanga

6.1

Ministry for the Environment (MfE) Updates

Presentation - Regional Relationships - Kaiwhakatere | Regional Navigators: Objective ID A4401557

Presentation - Essential Freshwater Fund Project Descriptions (External): Objective ID A4406445

Presentation - Access to Experts Summary: Objective ID A4406446

Presentation - Māori Climate Adaptation & the Climate Change Adaptation Bill: Objective ID A4401556

Presented by: Eugene Berryman-Kamp - Director | Ringatohu – Te Mana o Te Wai Patsie Karauria – Principal Advisor
Anne Haira - Deputy Secretary | Tumuaki Tuarua Partnerships & Public Affairs/Climate Change Adaptation & Evidence

Key Points - Eugene Berryman-Kamp:

Ngā Kaiwhakatere – Regional Navigators:

· Overview of MfE’s Policy Implementation and Delivery Leadership team and Ngā Kaiwhakatere/Regional Navigators. Noted that Motoi Doherty was the interim regional navigator for Bay of Plenty region

· Kaupapa/current focus was to: strengthen regional presence, improve relationships with Māori and local government, freshwater and Resource Management (RM) reform implementation, establish effective and enduring relationships with Treaty partners and ensure communities had access to the right people and information

· Outlined scope of MfE’s engagement, how they could support regional relationships, noting a desire to work together.

MfE Funding Streams:

(On behalf of Lorena Stephen):

· Outlined the Essential Freshwater Fund established to support freshwater reforms and various projects over three years from 2022

· The RM team was awaiting confirmation on funding appropriation to support Māori capacity and capability

· BECA and New Zealand Landcare Trust had been commissioned to provide a free ‘Access to Experts’ service for councils, tangata whenua and community groups for the Essential Freshwater reform programme, which would be open for registration in late 2023 and end in June 2025.

9:57 am – Cr Thompson entered the meeting.

In Response to Questions:

· MfE had robust internal evaluation frameworks to assess if projects were delivering on intended outcomes, and was connected with Local Government New Zealand via the freshwater implementation directors framework to assess effectiveness

· The Kaiwhakatere role would assist with crossover guidance on various governmental workstreams

· MfE was predominantly working with regional councils, but would be connecting with territorial local authorities on water resource management reforms

· Recognised the need for local support, noting capacity/capability that would be provided for freshwater reforms and resourcing which had been factored into the RM reform budget and following budget rounds.

Key Points - Members:

· Acknowledged the current engagement being undertaken with tangata whenua and the journey ahead to work together closely to reduce the extra burden on tangata whenua who had a specific role to play in the Te Mana o Te Wai space.

Key Points - Anne Haira:

Māori Climate Adaptation & the Climate Change Adaptation Bill

· The widespread destruction that had occurred from Cyclones Gabrielle and Hale and other weather events over the last few years illustrated the significant impact that climate change was having on people, communities, the environment and economy

· Provided an overview the Government’s long-term strategy for adapting to climate change, noting the release of the national risk assessment (August 2020), national adaptation plan (August 2022) and the dramatic shift in context from mitigation to adaptation

· Outlined the risks that were of particular significance to Māori and engagement undertaken with Māori on adaptation to date

· $30M Government funding in 2022 had been provided to establish a Māori Climate platform to support Māori communities with Māori-led climate action, planning and solutions

· Regarding the new Climate Adaptation Bill and system:

o Further work would be required to ensure Māori-led climate work would be supported by the Bill and system

o A select committee inquiry process was being proposed to advance key questions/challenges around four problem definition areas in regard to there being: no direction for local authorities to act; no funding framework was in place; limited powers for retreat; and Māori-faced barriers to participation

o Outlined key policy shifts, noting Māori rights and interests sat across all areas

o The intention was to utilise various legislation to require local authorities to undertake risk assessments, risk prioritisation and develop adaptation plans.

In Response to Questions:

· Two interventions utilising the existing Resource Management (RM) system were being considered while the new RM reforms were in transition, to:

o Develop a National Policy Statement (NPS) on Natural Hazards Decision Making within the next six months to help local authorities with decision-making around consents and within planning documents

o Develop a comprehensive natural hazards planning framework as a more enduring solution, with the expectation to release a consultation document post-election in late 2023/early 2024

· Timing of the select committee inquiry was anticipated to commence in August prior to Parliament closing and continue post-election to March-April 2024 and to bring across lessons learnt from the RM reforms

· Acknowledged local government’s stretched ability to resource short, medium and long-term issues. Considered the funding framework would be the most critical component of the Climate Adaptation Bill that was proposed to be considered by the select committee inquiry

· Emphasized the fact that communities would not be able to retreat from all climate change impacts and that learning to live with climate change, utilising a full suite of interventions before considering managed retreat would be needed

· Recognised the tension between the (proposed) NPS for Natural Hazards Decision Making and the NPS for Urban Development, and the intention of national direction to provide clarity for local authorities. The Ministry for Housing and Urban Development would be closely involved in the process to ensure both NPS outcomes were achieved safely.

Key Points - Members:

· Acknowledged the presenters and recognised the substantial work that was in progress

· Invited a further update to Komiti Māori on the progress of the national climate change adaptation policy at a future time.

10:45 am - The meeting adjourned.

11:07 am - The meeting reconvened.

11:18 am – Cr Campbell withdrew from the meeting.

6.2

Toi Kai Rawa Update

Presentation - Toi Kai Rawa Whenua Update: Objective ID A4410093

Tabled Document 1 - Toi Kai Rawa Whenua Maori Strategic Case Report - FINAL Revised: Objective ID A4410107

Presented by: Te Horipo Karaitiana - Executive Trustee, Toi Kai Rawa
Awhina Ngatuere – Kaihautū, Toi Kai Rawa

Key Points:

· Noted changes within Toi Kai Rawa’s (TKR) Governance Board and strengthened network connections within whenua Māori

· Outlined TKR’s strategy purpose and key focus areas for igniting Māori economies within the wider Bay of Plenty region

· Key strategic priority areas had been consolidated into three areas: Paikihi Ora, Tangata Ora and Whenua Ora

· TKR’s Operational team would be leading implementation across sectors to build scale

· Outlined TKR’s five year work plan which included: Council contracted mahi working with Māori business networks and Hihiko Te Rawa Auaha - STEM programme within schools. Noted all activity utilised TKR’s Mātauranga Māori framework (Mauri Ora)

· Regarding the Whenua Ora strategic priority area:

o Outlined the regional context of the unique Whenua Māori profile

o Aspirations and successes of Whenua Māori collectives operated within a Te Ao Māori context which could only be defined by them

o Described the three spheres (triple helix) of influence for Whenua Māori development: Kawanatanga (Government), Te Ao Māori (Māori world view) and Te Ao Hurihuri (changing world); and the key trends/resets taking place around the Treaty relationship, hierarchy of Māori rights and interests and the interrelationship with Government

11:18 am – Cr Campbell entered the meeting.

o Current issues within Whenua Māori development:

§ Māori were influencing offshore trade policy that was starting to be reflected in free trade agreements

§ The number of Government initiatives and regulatory reviews that were underway were having an overwhelming impact

§ Noted the need for Māori to build resilience by applying a Te Ao Māori and Mātauranga Māori lens, describing these as super powers for Māori

§ TKR was in search of world class research, science and innovation to provide solutions that could work alongside Mātauranga Māori

§ BOPRC had an opportunity to lead a reset and redesign of the Treaty relationship and facilitate by Māori-for Māori whenua solutions

o Highlighted some of the key recommendations from the Strategic Case report (refer tabled document):

· Appreciated BOPRC’s support which had enabled progress in the Māori economic development space.

In Response to Questions:

· Year one of the work plan was for the year 2024

· Provided a snapshot of high level outcomes from the previous year:

o 25 initiatives reaching up to 3,400 people and 56 schools

o Ko Māui Hangarau Māori Tech Innovation Summit - had extended nationwide to Porirua and Tamaki Makaurau (Auckland)

o Rollout of the Māori professional internship programme within the kiwifruit/horticulture sectors and extending to primary industries. Noted substantial success with two recent cohorts undergraduate programmes

o Initiatives had not existed previously and successes achieved over the last three years could be used to leverage over the next five years

· Regarding challenges with Whenua Māori governance, TKR was in the design phase of setting up a governance internship programme

· Regenerative horticulture overarched Whenua Ora and Tangata Ora.

Key Points - Members:

· Raising the Māori economic development profile would be a journey

· Noted challenges with existing governance experience of Māori land incorporation trusts, which the new generation of Māori would provide the biggest shift

· Supported the statements around Te Ao Māori and Mātauranga Māori being the ‘super power’ for Māori and the whenua as the connector

· Recognised the Ahu Whenua Trust Awards which provided evidence of successes being made within Whenua Māori development.

6.3

He Toka Tu Moana Scholarship Recipients 2023

Presentation - Siobhan Nuri - PhD study insights into the early life history of New Zealand longfin and shortfin eels: Objective ID A4415970

Refer Video Recordings YouTube link - HTTM video 2023 - YouTube

Presenters: Via Zoom - Hikawai Te Nahu, Te Maiora Ruruhe, Akira Huriwai and Siobhan Nuri; and Video Recordings of Daniel Roeper, Stevee Wikiriwihi, Jessica Mules and Liam Benfell

Key Points:

· Scholarship recipients provided background on their current field/focus of study and future aspirations

· Acknowledged the support provided and recognised Council for providing the scholarship.

11:55 am – Chairman Leeder withdrew from the meeting.

12:05 am – Chairman Leeder entered the meeting.

Key Points - Members:

· Congratulated the scholarship recipients on their inspiring achievements and enthusiasm and wished them well with their studies and future mahi.

7. Verbal Updates
Whakahoutanga Kōrero

7.1

Samuel Taylor - Winter Student Update

Key Points:

· Acknowledged the He Toka Tu Moana Scholarship recipients that had presented at the meeting

· Recognised how programmes that encouraged an understanding of the intersect between indigenous cultures, local government and management of cultural practices were vital, respected and making a difference globally

· Highlighted the importance of rangatahi/youth participation in local planning to ensure the longevity of local leadership and a perceived lack of desire from youth to remain/return to live and work in Tauranga

· Provided background on his learning journey, early interest in local government and current undertaking of a double degree in government with honours and economics at Harvard University

· Was currently completing his honours thesis with Dr Daniel Carpenter on a comparative study of the form of Te Tiriti o Waitangi and treaties between the Crown and indigenous tribes of Canada to identify how the forms had impacted indigenous wellbeing and survivance

· Current work as a winter student with BOPRC involved working in the Essential Freshwater Kaupapa Māori workstream to ensure mahinga kai was being incorporated into freshwater plans, which provided an opportunity to see his current academic study in practice.

In Response to Questions:

· Getting rangatahi/youth engaged and interested in local government could be assisted by going into schools, establishing panels to talk about the future, and simplifying complex issues

· Viewed lowering the voting age to 16 years as a distraction and that the focus should be on increasing the percentage of those who were already eligible to vote (e.g. under 25 year olds).

Key Points - Members:

· Recognised the breadth of rangatahi coming through and the need to reflect youth voices in local government decision making

· Commended Sam on his address at the recent Instep Youth Leadership breakfast which was inspiring and assisting to bridge the gap

· Raised the need to consider further support for youth development within the next Long Term Plan process to retain the next generation of leaders

· Wished to invite Sam back to present an update on his honours thesis study at a future time.

8. Reports
Ngā Pūrongo

8.1

Chairperson's Report

Presented by: Kataraina O’Brien – General Manager Strategic Engagement

Key Points:

· Noted that a summary of the Toi Kai Rawa and He Toka Tu Moana presentations were included in the Chairperson’s report.

Resolved

That the Komiti Māori:

1 Receives the report, Chairperson's Report.

Nees/Macmillan

CARRIED

Decisions Required
Ngā Whakatau e Hiahiatia Ana

8.2

Proposed Engagement Plan of Draft Rates Remissions on Māori Freehold Land

Presented by: Charlie Roddick – Rates Engagement Team Leader (Whenua Māori – Engagement & Relations), Jo Pellew – Rates Manager

Key Points:

· Outlined the proposed engagement plan that would be undertaken prior to developing the draft rates remissions policy for Māori freehold land

· Noted that BOPRC did not have a comprehensive policy, rather guidelines and policies based on territorial authority policies

· Sought feedback from Komiti Māori on any further direction or additional opportunities for engagement that could be included in the process

· Invited councillors to be involved in the engagement hui to take in the feedback, experiences and knowledge received by the participants.

In Response to Questions:

· Regarding engagement in relation to unrateable land along the East Coast, staff had wide network connections within the area and the wider region

· Additional engagement hui would be provided where requested

· Provided clarification of the reductions that were applied to Māori land valuations to acknowledge the limited transactive use and ability to receive a mortgage or for land to be sold. Valuations took into account the current productive use and numbers of owners.

Key Points - Members:

· Supported the engagement plan

· Noted the regional profile of Whenua Māori presented by Toi Kai Rawa (TKR) and suggested that staff connect with TKR to gain their views on Māori land collectives and challenges around Whenua Māori

· Information on areas within the region that had the most rates arrears and remissions to be provided in a future update to Komiti Māori.

Resolved

That the Komiti Māori:

1 Receives the report on proposed engagement plan of draft rates remissions on Māori Freehold land;

2 Provides direction on engagement for the Rates Remissions on Māori Freehold Land Project.

Campbell/Macmillan

CARRIED

9. Closing Prayer
Karakia Kati

A karakia was provided by Reuben Gardiner.

12:53 pm – the meeting closed.

Confirmed

Cr Matemoana McDonald

Chairperson, Komiti Māori



Report To:	Komiti Māori
Meeting Date:	22 August 2023
Report Authoriser:	Kataraina O’Brien

Chairperson's Report

Executive Summary

This report provides a collective update on matters within Komiti Māori focus areas and general matters of interest across the regional Māori landscape including:

1. Iramoko Marae

2. Manuhiri – Guest Speakers

· Te Rūnanga o Ngāti Awa – Reuben Araroa & Tuwhakairiora O’Brien

· Wai Ora Mātaatua Project – James Hudson

· MPI Māori Agribusiness Funding – Jane Waldon & Daniel Phillips

3. Operating Environment Update:

· National Policy Statement for Indigenous Biodiversity

· Future for Local Government - Final Report

· Resource Management Reforms

· Legal Proceedings Concerning Freshwater Management

· Treaty Update

· National Māori Data Government

· Tauranga Moana Iwi – Te Mana o Te Wai Funding Update

4. Māori Partnerships programme update

5. Freshwater (NPSFM) Hui-a-Rohe

6. Māori Rates Remission Policy Update

Recommendations

That the Komiti Māori:

1 Receives the report, Chairperson's Report.

1. Kupu Whakataki

Introduction

1.1 Iramoko Marae

Ko Putauaki te maunga

Ko Tarawera te awa

Ko Te Waikamihi te puna waiora

Ko Whārikitetoki te papa whenua

Ko Iramoko te marae

Ko Te Paetata te whare tipuna

Ko Iramoko te whare kai

Ko Te Ramaapakura te rangatira

Ko Te Pouoterangi te taiaha

Ko Te Pahikaure te mere pounamu

Ko Ngāti Awa ki Te Awa o Te Atua te iwi

Ko Te Tāwera te hapū

Dr Pouroto Ngaropo, Chairman of Iramoko Marae and a representative for Te Tawera Hapū, has extended an invitation to Bay of Plenty Regional Council Toi Moana to host the August Komiti Māori hui at Iramoko Marae in Manawahe. Dr Ngaropo is an esteemed kaumātua, leader and senior cultural expert of Mātauranga Māori, performing arts and media productions.

Dr Ngaropo has worked for many years with Whakatāne District Council as a councillor and member of the Rangitāiki Community Board and is still actively engaged in providing cultural guidance on matters regarding areas in the Bay of Plenty. At this forthcoming meeting, he will provide insights into the initiatives of
Te Tawera Hapū.

2. Kaupapa Tuarua: Tangata Whenua Presentations

2.1 Te Rūnanga o Ngāti Awa Activity Update

Presenter: Tuwhakairiora O’Brien – Chair Te Rūnanga o Ngāti Awa

Tuwhakairiora (Tu) O’Brien was elected Chairperson (Tumuaki) of Te Rūnanga o Ngāti Awa (TRONA) Board in October 2022. His official Tumuaki role commenced in February this year. TRONA Board members consist of 22 Ngāti Awa hapū delegates.

As well as Chair of TRONA, Tu is the delegate for Te Pahipoto hapū, Kōkōhinau Marae, Te Teko. Tu sits on a number of Māori Trusts and is an active mahinga kai practitioner and Taiao kaitiaki.

Outside of the Iwi landscape, in 2022 Tu was elected onto the Whakatāne District Council in one of the three newly established Māori seats. His rohe spans Te Mahoe, Te Teko, Matatā, Thornton and Taiwhakaea.

Presenter: Reuben Araroa – Chief Executive Te Rūnanga o Ngāti Awa (Ngāti Awa, Ngapuhi, Ngāi Tūhoe)

Reuben was born and raised in Te Teko and is the youngest of seven children. His educational experience growing up in the early 70’s was typical of the time that excluded a strong emphasis on learning Te Reo and Te Ao Māori as a core component of life.

At the age of 15 he would by chance be accepted to the NZ Regular Force Cadet School, a one year, full time military academy in Waiouru known for its aptitude for creating the future people leaders of the New Zealand Defence Force and related Government agencies.

After serving 7 years with the 1st Royal New Zealand Infantry Regiment, he would return home to undertake a series of senior leadership roles within forestry, pulp & paper, logistics and transport infrastructure.

He is the Chief Executive of Te Rūnanga o Ngāti Awa, Founding Director of the leadership development company Whakaaro Inc, Chair of Te Moana a Toi Aquaculture Treaty Settlement Group, Chair of Omatariua Land Trust, Chair of Ngāti Hamua hapū, and ex-Chair of Te Kupenga Mahi Māori network within the trucking and rail industry.

At this meeting, Reuben and Tu will provide insights into the key focus areas for TRONA.

2.2 Wai Ora Mātaatua Project

Presenter: James Hudson - Waiora Systems Principal

James has expertise in Māori and indigenous analytics, governance systems and project development.

He brings a strong quantitative skillset in Māori-centric and indigenous data approaches and analytics designed for indigenous realities.

As Principal at Waiora Systems, he’s consulted to a wide range of public sector agencies, Māori, indigenous and non-government organisations building data capability, performance measurement frameworks, and co-designed programmes of work. Nationally, he has consulted to the Treasury to develop He Ara Waiora, a Māori wellbeing framework designed (along with the Living Standards Framework) to measure government system-wide performance against Māori outcomes.

He’s also led the development of Ngā Tūtohu Aotearoa, Stats NZ’s set of indicators that go beyond economic measures, such as Gross Domestic Product (GDP), to include wellbeing and sustainable development. Regionally, James has consulted to the Tāmaki Makaurau Mana Whenua Forum (19 iwi chairs of Tāmaki Makaurau) to lead the co-design of Kia Ora Tāmaki Makaurau, a Māori outcomes performance framework for the Auckland Council Group and led the reporting on the wellbeing and prosperity of iwi and Māori communities in Tāmaki Makaurau.

At this meeting James will give an update on the Wai Ora Mātaatua Project he is leading.

2.3 MPI Māori Agribusiness Funding

Presenter: Jane Waldon – MPI Senior Regional Advisor North Team & Daniel Phillips MPI Acting North Team Manager.

Jane Waldon of Ngati Awa, Tuwharetoa and Daniel Phillips Ngāi Tuhoe, Whakatōhea will be speaking around the funding streams.

The Ministry for Primary Industries (MPI's) Māori agribusiness team is dedicated to helping Māori landowners and agribusinesses achieve their goals.

We support Māori landowners and agribusinesses across the motu to:

• build skills and knowledge

• highlight opportunities to make whenua more productive

• access funding

• create jobs

• improve land management practices.

Attached as Attachment 1 is the Factsheet for Māori Agribusiness.

3. Kaupapa Tuatoru - Operating Environment Update

3.1 National Policy Statement for Indigenous Biodiversity

The National Policy Statement for Indigenous Biodiversity (NPSIB) was gazetted on 7 July 2023 and came into effect on 4 August 2023. It is limited to land (terrestrial) ecosystems, specified highly mobile fauna and some aspects of wetlands. The NPSIB applies across all land types/tenures in Aotearoa New Zealand, both public and private, including land under Te Ture Whenua Māori Act 1993.

The NPSIB involves staged implementation. Some parts of the NPSIB need to be implemented immediately, for example, new activities or developments that need resource consent and may have adverse effects on indigenous biodiversity will need to meet NPSIB requirements. Meanwhile Council has eight years to notify changes to its policies and plans and 10 years to complete a regional biodiversity strategy.

The NPSIB strengthens the role of tangata whenua in the resource management system for decision-making for indigenous biodiversity. Councils are now required to work in partnership with tangata whenua, to the extent tangata whenua wish to be involved, in the management of indigenous biodiversity.

Specific areas within the NPSIB requiring a partnership approach include provision of sustainable customary use and protection of acknowledged and identified taonga, geothermal significant natural areas (SNAs) and specified Māori land.

The NPSIB requires changes to both the Bay of Plenty Regional Policy Statement (RPS) and the Regional Natural Resources Plan (RNRP) to:

· include objectives, policies, and methods to avoid specified adverse effects and manage unspecified adverse effects on SNAs;

· require, where adverse effects are required to be managed, consent is not granted unless the applicant has demonstrated how each step of the effects management hierarchy will be applied;

· manage SNAs within plantation forests (focus on Threatened or At Risk species);

· allow established activities affecting SNAs to continue (subject to NPSIB conditions);

· manage adverse effects on indigenous biodiversity outside SNAs;

· include objectives, policies, or methods in the RPS and regional plans for managing adverse effects (subdivision, use, and development) on Specified Highly Mobile Fauna Areas (HMFAs);

· include objectives, policies, or methods in the RPS and plans to promote restoration of indigenous biodiversity;

· set targets for indigenous vegetation cover within urban and non-urban environments (RPS only);

· ensure the sustainable customary use of taonga is provided for; and

· include requirements for consent applications in relation to indigenous biodiversity.

3.2 Future for Local Government Final Report

The Future for Local Government Panel released its final report, He piki tūranga he piki kōtuku in June 2023. The report completes the three stage Future for Local Government Review established in April 2021 by the Minister of Local Government. The overall purpose of the Review was to consider how Aotearoa New Zealand’s system of local democracy and governance needs to evolve over the next 30 years in response to complex future challenges.

The Panel has made seventeen recommendations, four of which support its earlier recommendations in the draft report He mata whāriki, he matawhānui that emphasise the importance of building Te Tiriti-based partnerships with tangata whenua and embracing te ao Māori in local government.

The recommendations also align with mechanisms in the resource management reforms that aim to enhance the role of tangata whenua in the new system. Many of the submissions made by local authorities were in support of the Te Tiriti-based recommendations in the draft report, which was one of the most significant areas of interest. This aligns with the submission of Toi Moana which supported and demonstrated successful initiatives in our region as a result of partnering with iwi and hapū.

The key recommendations for tangata whenua include:

· Te Tiriti o Waitangi: The Panel recommend that the Local Government Act 2002 explicitly recognise local government as a partner to Te Tiriti o Waitangi. Central government would be responsible for leading the legislative change process but would do so alongside local government, iwi, hapū and Māori. If adopted, the formal acknowledgement of the role of local government as a Te Tiriti partner would create significant change in the Te Tiriti landscape and will embed the ongoing partnership required between local government and tangata whenua.

· Partnership frameworks: The Panel recommend a statutory requirement for councils to develop partnership frameworks with iwi and hapū. The statutory requirement would provide the platform for ‘rounding out or filling gaps’ in existing arrangements between tangata whenua. Partnership frameworks will need to evolve as new council structures and roles and functions develop.

· Review of engagement requirements: The Panel recommend that central government leads a comprehensive review of requirements for engaging with Māori across local government legislation, considering opportunities to align or streamline the requirements. If adopted, this would alleviate some of the capacity issues iwi and hapū face that can result in consultation burnout.

· Building capability and capacity: The Panel recommend an amendment to the Local Government Act 2002 that would require councils to prioritise building the capability and capacity of elected members and chief executives in order to make local government a better Te Tiriti partner. This would include building their knowledge in Te Tiriti o Waitangi, te ao Māori values, mātauranga Māori, tikanga and the whakapapa of local government. The Panel emphasise the need for cultural change in the mindset of councils which must be led at the councillor and chief executive level. This recommendation was strongly supported by iwi and hapū.

· Rating on Māori land: The Panel recommend that aspects of the rating system are re-designed so that it can respond effectively to issues and circumstances associated with whenua Māori. To achieve this the rating system would need to provide tools and flexibility for councils to adjust rating issues specific to Māori land.

· Māori wards: The Panel support the retention of Māori wards and have made a recommendation that the threshold for establishing Māori wards in the Local Electoral Act 2001 is reduced. This would help to remove the current limitations that make it unlikely for certain districts to establish a Māori ward due to the relative size of their Māori population.

· Te Tiriti-based appointments: The Panel recommend legislative change to allow for Te Tiriti-based appointments to councils and the development of policy and processes to help support this change. The Panel further considers that appointed members would receive remuneration at the same level as other members and that they would be appointed by iwi and hapū.

Many of the recommendations reflect the work Toi Moana already undertakes. The Partnerships with Māori strategic priority in Toi Moana’s Long-Term Plan establishes a solid foundation for Toi Moana to implement the recommendations if adopted and to take the next step towards genuine Te Tiriti partnership. The full suite of recommendations is being carefully considered for how the proposed changes would impact the Bay of Plenty communities. Cabinet have also advised that they will not make any decisions on the recommendations until after the elections in October.

3.3 Resource Management Reforms

The Natural and Built Environment Bill (NBE) and the Spatial Planning Bill (SPA) completed the Committee of the Whole stage in Parliament and will proceed to the third reading in mid-August. The legislation forms part of the resource management reforms that will be replacing the Resource Management Act 1991. The Climate Change Adaptation Bill is the final piece of the reforms and will be introduced by the end of 2023.

Te Oranga o te Taiao has been elevated as the primary purpose that the legislation seeks to achieve, following the recommendation of the Environment Select Committee. This removes any doubt that protecting the health of the environment is at the forefront of the NBE Bill as the foundational concept. The strengthened recognition of Te Tiriti o Waitangi, that will require decision-makers to ‘give effect to the principles of Te Tiriti’, and the minimum number of Māori appointed members on the Regional Planning Committee have also been retained.

The Toi Moana submission on the Bills were in support of the mechanisms that aim to improve Māori participation in the resource management system. The Bills are expected to be passed into legislation in August 2023.

3.4 Legal Proceedings Concerning Freshwater Management

The Royal Forest and Bird Protection Society of New Zealand (Forest and Bird) has filed a judicial review against the Minister for the Environment in relation to amendments made to the National Policy Statement on Freshwater Management (NPSFM) and the National Environmental Standards for freshwater (NES-F).

The amendments made in December 2022 and February 2023 provide for new consent pathways for natural inland wetlands. Forest and Bird claim that loopholes in the consenting pathways will allow for the destruction of wetlands and that the amendments are unlawful because they do not implement the objectives of the NPSFM and are inconsistent with Part 2 of the Resource Management Act 1991.

The claim is being defended by the Minister for the Environment and is still at an early stage with no hearing date set.

3.5 Treaty Update

This section provides an update on Treaty settlements and related matters around the Bay of Plenty region.

3.5.1 Whakatōhea (Ōpōtiki)

The Whakatōhea Claims Settlement Bill was introduced into Parliament on 13 June 2023. The Bill seeks to give effect to the Deed of Settlement of the six hapū of Whakatōhea whose area of interest covers approximately 200,000 hectares in the eastern Bay of Plenty.

The redress package includes financial and commercial redress of $100 million (plus interest), the vesting of 33 sites of significance and the transfer of 18 Crown properties. It also includes a reserve of 5,000 hectares in the coastal marine area in which only Whakatōhea may apply for permits for aquaculture.

The Bill further provides for the establishment of the Whakatōhea Kaitiaki Forum, a joint committee of Bay of Plenty Regional Council, Ōpōtiki District Council and Whakatōhea that will support and enable the kaitiakitanga of Whakatōhea hapū over the rivers and catchments in their rohe. Whakatōhea can also enter into one or more Joint Management Agreements with Ōpōtiki District Council or Bay of Plenty Regional Council Toi Moana relating to the rivers and catchments in their rohe.

3.5.2 Te Whānau-a-Apanui (East Coast)

Te Whānau-a-Apanui are in the final stages of negotiating a draft Deed of Settlement with the Crown. This follows the signing of an Agreement in Principle with Te Whānau-a-Apanui in June 2019. Council staff have been engaging with the Crown and Apanui representatives, particularly around the timing and phasing of the natural resource and environment components.

The draft Deed will provide a framework to formalise a relationship agreement between Te Whānau-a-Apanui, the Bay of Plenty Regional Council and Ōpōtiki District Council. It will also include the Te Ao Tūroa framework, a holistic whole of system approach to the natural environment that reflects the values of Te Whānau-a-Apanui. The Te Ao Tūroa framework will operate alongside, and interact with, aspects of the Resource Management Act 1991 and the Natural and Built Environment Bill and Spatial Planning Bill if enacted.

The initialling of the draft Deed of Settlement that was set for mid-August 2023 was postponed, with a new date to be advised.

3.5.3 Pare Hauraki Collective

The Pare Hauraki Collective Redress Bill was introduced into Parliament on 19 December 2022. The Bill gives effect to the Collective Settlement Deed of the twelve iwi of Hauraki whose areas of interests extend from Mahurangi in the north to Western Bay of Plenty.

The redress package includes culture and commercial redress, and the vesting of Moehau Tūpuna Maunga and Te Aroha Tūpuna Maunga in the Pare Hauraki Collective Cultural Entity. Cultural redress in relation to Tauranga Moana Harbour remains unsettled but discussions between Hauraki and the Tauranga Moana Iwi Collective are ongoing. Financial redress will also be provided in the iwi specific settlements.

The Bill will progress to the first reading once Hako, Ngāi Tai ki Tāmaki and Ngāti Rāhiri Tumutumu have signed the deed or updated accession provisions in the deed. Three of the twelve iwi of Hauraki also had the first reading of their Treaty Settlement Bills completed in Parliament in June 2023. This includes:

· Ngāti Tara Tokanui Claims Settlement Bill: the redress package includes financial and commercial redress of $6 million and the vesting of seven sites of cultural significance to Ngāti Tara Tokanui. Two sites including Te Tihi o Karangahake Maunga will be jointly vested alongside Hako and Ngāti Tamatērā.

· Ngāti Hei Claims Settlement Bill: the redress package includes financial and commercial redress of $8.5 million and the vesting of 15 sites of cultural significance to Ngāti Hei.

· Ngāti Paoa Claims Settlement Bill: the redress package includes financial and commercial redress of $23.5 million and the vesting of 12 sites of significance with Ngāti Paoa.

3.5.4 Taranaki Maunga

The Taranaki Maunga Collective Redress Deed, named Te Ruruki Pūtakerongo, was initialled by the Crown and Ngā Iwi o Taranaki on 31 March 2023.

The collective redress package for the eight iwi of Taranaki is primarily focused on the legal recognition of the legal personality of Te Kāhui Tupua, which is comprised of Taranaki Maunga and Te Papa-Kura-o-Taranaki (Egmont National Park). The interests of Te Kāhui Tupua will be managed by Te Tōpuni Kōkōrangi, a co-governance board consisting of four iwi representatives and four representatives appointed by the Minister of Conservation.

The draft Deed reflects a growing trend of Treaty settlements that give legal personality to natural features of significant value to tangata whenua. Te Kāhui Tupua follows in the footsteps of Whanganui Awa, Te Urewera and Waikato Awa who now have legal personhood and are co-governed by Crown and iwi representatives.

3.6 National Māori Data Governance

Te Kāhui Raraunga (TKR) is an independent body established in 2019 to support advocacy of the Data Iwi Leaders Group and seeks to enhance the social, cultural, environmental, and economic well-being of Māori through the access, collection and application of Māori data to improve areas of Māori well-being.

TKR supports innovation and research that promotes and advances the use of Māori data and to educate iwi, hapū and whānau Māori on the benefits of appropriate collection and application of their data.

One of the key projects to emerge is the development of a Māori Data Governance Model released on 26 May 2023. The model was developed as part of the Mana Ōrite agreement that TKR has with StatsNZ and was designed by Māori leaders in this space. The model is attached as Appendix 2.

The Model sets out clear expectations for the system wide governance of Māori Data and provides direction on the actions, processes and activities needed to meet these expectations:

· The vision in the Model is Tuia te korowai o Hine – Raraunga - Data for self-determination. The aim is to enable iwi hapu and Māori organisations businesses and communities to pursue their own goals for cultural social economic and environmental well-being and eliminate inequities using the most up to date and current data sets available.

· If successful the Model will enable Māori to access, share and use their information to produce meaningful insights and have authority over who else can access that information and for what purposes.

· To achieve this the Model provides high level guidance that focusses on systems change rather than a step-by-step approach to data governance across the data life cycle.

· Te Kāhui Raraunga encourage agencies to operationalise the Model in a way that makes sense to them in their own context. Te Kāhui Raraunga are already starting to see agencies start to operationalise this resource.

To read Te Kāhui Raraunga Māori Data Governance Model, Click Here.

3.7 Tauranga Moana Iwi – Te Mana o Te Wai Funding Update

Te Mana o Te Wai funding from the Ministry for the Environment (MfE) has been secured by a tangata whenua group for a project to build capacity and capability of tangata whenua to participate in freshwater management.

Funding secured from MfE was $1,963,174. The project is named ‘Ko Wai Mātou’ and is centred around Tauranga Moana. Supported by Toi Moana the project will be delivered by the Tauranga Moana Advisory Group Iwi Representatives (the Iwi Representative Group) who comprises of Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga.

4. Kaupapa Tuawha: Māori Partnerships Update

Our Partnerships with Māori Impact Statement sets out Council’s commitment towards improved responsiveness to Māori, creating structures and mechanisms for partnership and shared decision-making over matters that are important to Māori. Building capacity and capability, both internally and externally, features in our planning to support the success of the Objectives and the Transformational shifts.

In April 2022, Komiti Māori approved the Partnership with Māori Action Plan 2021 -2023. The Action Plan itself is a consolidation of the Impact Statement and action being undertaken to deliver on the impact statement objectives.

Key highlights:

• Establishment of an independent Secretariat to support iwi participation within the Co-Governance entities of Te Maru o Kaituna and Rangitāiki River Forum.

• Collaboration with Western Bay of Plenty District Council and Tauranga City Council to pilot a streamlined approach to Iwi Management Plan development and funding across each agency.

• MOU between Toi Moana, Project Parore (not for profit community group based in Katikati) and the 3 Northern Hapū of Tauranga Moana (Te Whānau a Tauwhao ki Ōtāwhiwhi, Ngāti Te Wai ki Tuapiro, and Ngāi Tamawhariua ki Te Rereatukahia). It is an operationally focussed MOU which has come about from discussion of our shared goals and desire to collaborate in the environmental management/restoration space. The desired outcome is a strengthening of relationships in the Northern Tauranga Moana and ultimately better environmental outcomes.

• Te Arawa Lakes Trust Framework Agreement - The Trust has built an operations team with whakapapa to the Te Arawa Lakes and rohe to deliver a variety of key environmental services, including catfish surveillance and netting, pest control and weed harvesting.

In May 2023 Council agreed to a 10-year framework agreement with a maximum value of $12million. The agreement gives Te Arawa Lakes Trust the certainty and partnership status they seek as part of this agreement.

4.1 Māori capacity and capability building projects

• Pou Taiao Ltd - to develop a programme to strengthen hapū/iwi capability to provide cultural monitoring services.

• Kia Marutau ki te Wai – Toi Moana Harbourmaster led pilot education programme providing safer boating training specific to the needs of individual iwi and hapū. The pilot was so successful, a second programme was run on 23 May and plans to run future sessions across the rohe.

• Te Ara Mātaatua kaitiaki event – staff from Consents, ICM, Science and Te Amorangi attended and provided support and advice for freshwater mahi being undertaken by kaitiaki groups across Mātaatua rohe.

• Tūhourangi Tribal Authority – through the Toi Moana funded freshwater Wānanga, TTA have produced a report which identifies a number of potential initiatives / actions on which to work collaboratively with Council including:

o support their capability and capacity needs to improve and enable wider participation in Regional Plans, Policies and monitoring works undertaken by Toi Moana.

o train hapū in monitoring and data collation methods i.e. GIS mapping, water quality monitoring, scientific data analysis.

Staff are continuing to work with Tūhourangi Tribal Authority on a coordinated approach to achieving their aspirations.

· Ngāti Ira – enhanced kaitiaki conditions are being worked on to include in the Gravel Consent and working on transition plan alongside Council to prepare the hapū to either become joint or sole consent holders in the future. A partnership agreement is currently being developed to support this.

· Rotokakahi Board of Control MOU – two are now in place. One in particular outlines the principles and arrangements with respect to caring for Lake Rotokakahi, particularly focussed on water quality monitoring and ensuring tikanga is met. Opportunities identified under the MOU are being progressed including upskilling Tūhourangi, Ngāti Tumatawera Rangatahi in environmental monitoring, Rotokakahi Board of Control is contributing to Tiriti learning opportunities within Toi Moana, considering improvements to fish passage into the lake from Te Wairoa stream outlet.

5. Kaupapa Tuarima: Freshwater (NPSFM) Hui-ā-Rohe

Staff are currently planning the next round of the National Policy Statement for Freshwater Management Hui ā-Rohe to be held in September. The dates are:

· Kōhī - Tuesday 12th September in Whakatāne

· Mauao - Thursday 14th September in Tauranga

· Ōkūrei - Thursday 28th September in Rotorua

A short survey has been sent to attendees to gauge their feedback on what they want to see at the next hui ā-rohe. The format for the next round of hui ā-rohe will be crafted based on their feedback. The hui will also include focus areas such as the mahinga kai compulsory value, and progress on our approach to a future focussed responsive regional plan.

We maintain an open invitation to iwi, hapū, tangata whenua to engage with us, when they are ready to do so. Where there are requests for further engagement, these requests have been and will continue to be followed up by staff.

6. Kaupapa Tuaono: Māori Rates Remissions Policy Update

Bay of Plenty Regional Council Staff have now created the Participate website for the rates remission policy development (Whenua Māori). This has been emailed out to Māori landowners, trusts and occupiers on 1 August 2023 via email. Separate emails have also been sent to key trusts and trustees of larger land blocks where staff have databases which have contact details with some of this information.

The Participate website has information regarding the remissions policy requirements, dates and request for feedback around key questions to help shape and develop the upcoming remission policy. This site also includes an option for Kanohi ki te Kanohi hui held in Whakatāne - Wednesday 30 August from 2-3pm, Rotorua - Wednesday 6September 3-4pm and Tauranga - Wednesday 13 September 2-3pm. Invites for these hui have been sent through to Councillors at the end of July 2023.

Another option available is to request further kōrero either online or in person, where the team can set up further meetings online or in person to gather feedback if unable to attend the set Hui in the main centres.

This website/survey will be open and made available from 1 August-30 September 2023 and at this time staff will collate and start the draft policy. Click on the link and it will take you to the Rates Remission Policy Development – Whenua Māori. Whenua Māori - Rates Remission Policy Development | Participate BOPRC

7. Ngā Pānga ki te Māori

Implications for Māori

The items presented in this report cover a range of initiatives at both a national and regional level, which will potentially have a positive impact on Māori.

The specific focus on enhanced provision for tangata whenua across national policy, will yield a positive impact for tangata whenua locally, as they are brought online at a future point. The co-design of strategies with tangata whenua groups to align processes with mātauranga have provided impetus on co-partnering and building relationships with tangata whenua and further promoting Ta Mana o Te Taiao.

The implications for Māori can be positive where there is recognition of the opportunities gained by working with Māori.

Tuhinga Tautoko
Attachments

Attachment 1 - Factsheet Maori Agribusiness - September 2022 ⇩

Attachment 2 - TKR Māori Data Governance Model ⇩

Chairperson
Notwithstanding that 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