Agenda of Komiti Māori - Tuesday, 12 December 2023

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
9.1	Lodgement of Draft Te Rohe o Te Rape-Puatatau-a-Rākeiao - Ngāti Rongomai Environmental Management Plan 2023 - Supporting Document 1 - Draft Te Rohe o Te Rape-Puatatau-a-Rakeiao Ngāti Rongomai Environmental Management Plan 2023 - Public Excluded	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	The document is finalised and presented to the Komiti Māori meeting in April 2024 (Ōkurei).

Komiti Māori Minutes

10 October 2023

Komiti Māori

Ngā Meneti

Open Minutes

Commencing: Tuesday 10 October 2023, 9:30 AM

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

Heamana

Chairperson: Cr Matemoana McDonald

Heamana Tuarua

Deputy Chairperson: Cr Toi Kai Rākau Iti

Ngā Kopounga

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Cr Andrew von Dadelszen

Chairman Doug Leeder

Cr Kat Macmillan

Cr Jane Nees

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson (via Zoom)

Cr Lyall Thurston (via Zoom)

Cr Te Taru White

Cr Kevin Winters (via Zoom)

In Attendance: Bay of Plenty Regional Council Toi Moana (BOPRC): Kataraina O’Brien – General Manager Strategic Engagement, Fiona McTavish – Chief Executive, Reuben Fraser – General Manager Regulatory Services, Namouta Poutasi – General Manager Strategy & Policy, Staff presenters – as listed in the minutes, Shari Kameta – Committee Advisor, Via Zoom: Rawiri Bhana – Senior Advisor (Treaty), Stephen Lamb – Environmental Strategy Manager, Sandy Hohepa – Māori Policy Advisor, Georgia Thomson – Community Engagement Advisor; Externals: Presenters – as listed in the minutes, Raewyn Bennett, Anaru Tibble, Zyon Mohi-Wiritana

Ngā Hōnea

Apologies: Cr Toi Kai Rākau Iti and Cr Paula Thompson (for late arrival)
Cr Stuart Crosby (for interim departure 10am-11am)

Chair Cr McDonald advised those present that the meeting was being livestreamed and recorded and that the recording would be made available on the BOPRC YouTube channel following the meeting - Komiti Māori Meeting - 10 October 2023 - YouTube

1. Opening Prayer
Karakia Whakatuwhera

A karakia was provided by Cr White.

2. Apologies
Ngā Hōnea

Resolved

That the Komiti Māori:

1 Accepts the apologies from Cr Iti and Cr Thompson for late arrival and Cr Stuart Crosby for interim departure tendered at the meeting.

White/Macmillan

CARRIED

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

Cr White declared a potential interest in Agenda Item 9.4, Engagement with Tangata Whenua for the implementation of the National Policy Statement for Freshwater Management (NPS-FM). As an executive member of Te Arawa Arataua (Te Arawa Primary Sector) which had been referred to in the report, Cr White would determine if there was any conflict during discussion of the item.

4. Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti

4.1

Komiti Māori Minutes - 22 August 2023

Resolved

That the Komiti Māori:

1 Confirms the Komiti Māori Minutes - 22 August 2023 as a true and correct record.

Macmillan/White

CARRIED

9:05 am – Cr Paula Thompson entered the meeting (via Zoom).

5. Presentations
Whakaaturanga

5.1

Water Services Reform Programme and Te Mana o Te Wai Statements

Presentation - Water Services Reform: Objective ID A4500603

Tabled Document 1 - Water Services Reform Programme Te Mana o te Wai Statements Fact Sheet (awaiting final leg clauses): Objective ID A4505670

Presented by: Amiria McGarvey - Iwi Māori Directorate, Department of Internal Affairs (DIA)

Key Points:

· Noted the apology of Dayle Hunia (Principal Analyst, DIA Transition team) who was unable to attend the meeting

· The role of DIA’s Māori Directorate was to ensure Iwi collectives were engaged in the reform across the 10 Water Services Entities (WSEs)

· Te Mana o te Wai (TMoTW) would be the guiding principle for WSEs

· TMoTW statements were for iwi to determine and decide how they wished to participate in their preparation. Noted that some statements were already underway in the Bay of Plenty

· A TMoTW fact sheet was circulated for information (refer Tabled Document 1), which Dayle Hunia could expand on in further detail at a future date

· Due to the uncertainty of the general election, space was being held for iwi to apply to the He Pūkenga Wai fund to enable them to participate in the process. Noted there were some criteria issues for Tauranga Moana iwi with applying to the fund, which DIA were working with the iwi to ensure they could participate

· Noted the high level entity transition timeframe/runway and establishment opportunities for WSEs

· Was currently working with councils and iwi to pull together draft position statements in preparation for the incoming Government and Minister.

In Response to Questions:

· Reconciling the various TMoTW statements for the region at this stage was unclear, but would need to be co-designed as the establishment progressed

· Multi-agency collaboration would be important to support iwi-Māori

· Dayle Hunia as the TMoTW workstream lead could confirm if TMoTW statements for the region could be shared

· He Pūkenga Wai funding process would be determined by the funding team with further clarity provided post-election. Noted that internal discussions were taking place on how to support unsuccessful applicants.

9:35 am – Cr Thompson entered the meeting (Via Zoom).

Key Points - Members:

· Sought the opportunity to collaborate with DIA, Ministry for the Environment and other central/local government agencies for the next Toi Moana symposium for Iwi-Māori within the region.

Key Points - Staff:

· Were working with DIA and MfE to synergise on common kaupapa/matters for the benefit of Iwi-Māori.

9:48 am – Chairman Leeder entered the meeting.

5.2

Treaty Settlements and Resource Management Reform Update

Presentation - Our new Resource Management System: Objective ID A4501775

Presented by: Michal Akurangi, Kaitohutohu Mātāmua/Principal Advisor,
Engagement Leads: Shadrach Rolleston and Ben White, Ministry for the Environment

Key Points:

· Outlined the new resource management (RM) system, key changes and approach towards a more streamlined consenting process.

10:00 am – Cr Iti entered the meeting.

· Ministry for the Environment (MfE) had been working with Post-Settlement Governance Entities (PSGEs) for the past 18 months to agree and ensure the integrity, intent and effect of Treaty Settlement redress was upheld within the new resource management system

· While co-governance arrangements would remain unchanged, regional planning committees (RPCs) would be responsible for preparing regional plans under the new system.

In Response to Questions:

· The intention was for RPCs to be assisted by secretariats.

· Transition to the new system would take up to 10 years, starting with notification of the National Planning Framework (NPF) in early 2024 followed by regional spatial strategies and a National Built Environment Act plan for the region. The existing RMA would remain during transition

· Implementation of the system would need to be worked through with the Crown, regional councils, local authorities and Iwi-Māori

· Acknowledged the uncertainty of the reform due to the general election however, noted that the Government was legally bound to uphold Treaty Settlements

· Advice was being prepared for the incoming Minister that would likely recommend no significant changes to the system due to the extent of time/work undertaken by a large number of parties

· The new Acts provided a process for iwi/hapū to make appointments to RPCs. Scope of Deeds to Amend were to ensure the new system reflected Treaty Settlements, not to seek further redress or enhancements

· If agreement could not be reached with PSGEs, there were provisions in the new Acts stating that existing RMA provisions would prevail

· The new national Māori entity was an independent monitoring group that parties could take issues to for consideration. The group could make recommendations to various agencies, which would not prevent parties from making an application to the Waitangi Tribunal.

Key Points - Members:

· Raised concerns with the new RM system in relation to:

o Its implementation, transition and management

o Impact/cost on regional councils, long term plans and ratepayers

o How RPCs will be paid for and potential for membership to be unwieldy

o Potential cost/risk of a reset following the general election

· Wished MfE well in the transition and the work required to implement the new system.

Key Points - Presenters:

· Would note the concerns raised and suggest that the wider MfE team present to Council post-election on the broader questions of the reform.

10:36 am – the meeting adjourned.

10:57 am – the meeting reconvened.

6. Reports
Ngā Pūrongo

Decisions Required
Ngā Whakatau e Hiahiatia Ana

6.1

Implications for Māori of National Policy Statement for Highly Productive Land

Presentation - NPS for Highly Productive Land 2022 Impact on Maori land held in general title: Objective ID A4501813

Presented by: Anaru Vercoe, Pou Whainga, Principal Advisor

Supported by Huiarau Stewart, Contractor

Key Points:

· Outlined the objective and policies of the National Policy Statement for Highly Productive Land (NPS-HPL) and classes of Māori land that were exempt under the NPS-HPL. The NPS-HPL required regional policy statements to map HPL by 17 October 2025

· Highlighted the impacts that the NPS-HPL had on Māori land that had been transferred into general title. Data relating to land held in general title was incomplete and required further information and understanding

· Options/relief provided by the NPS-HPL were costly, required a high level of coordination and were an issue for land with financial lending attached. Additionally, converting general title land back into Māori freehold land was complex and triggered other implications

· Illustrated areas in the region that were affected by the NPS-HPL (refer Presentation slides 9-11, land shaded blue, pink and grey)

· Considered that the impacts had not been looked at carefully enough

· Sought support from Komiti Māori to make a submission on the matters raised, in particular to designate small land blocks outside of the NPS-HPL

· While the matters were out of scope of submissions being sought by the Ministry for the Environment (MfE), feedback had been encouraged.

In Response to Questions:

· The National Planning Framework, due to be notified in April 2024, would address which NPS had precedence over another however, noted that the general election may impact on current legislative reforms

· Land that had already been through a sub-division process were exempt from NPS-HPL restrictions

· Mapping would not cover all land parcels, but could provide an opportunity for people to voice their concerns. Confirmed that staff would look at information held by Land Information New Zealand

· Small Māori land blocks in general title that were caught by the NPS-HPL would not impact majorly on future thinking for appropriate use of HPL

· Clarified the distinction between general title land and Māori land held in general title

· Most of the Māori land that had been transferred into general title following the 1967 Maori Affairs Amendment Act had been recorded by the Māori Land Court (MLC) and overlaid into the Regional Policy Statement maps however, the MLC would not have captured all affected land

Key Points - Members:

· Supported making a submission to raise awareness of the issues

· Sought consideration whether a land block size (i.e. one to three hectares) would be recommended and defined within the submission.

Key Points - Staff:

· Would provide further information to councillors for feedback prior to finalising the submission for release.

Resolved

That the Komiti Māori:

1 Receives the report, Implications for Māori of National Policy Statement for Highly Productive Land;

2 Prepares a submission that presents the implications of the NPS HPL on Māori land held in general title that is not intended for primary production.

Iti/Campbell

CARRIED

6.2

Review of Rates Remission Policy (Whenua Māori)

Presentation - Rates Remission Policy Review: Objective ID A4502810

Presented by: Charlie Roddick, Rates Engagement Team Leader (Whenua Māori)
Jo Pellew, Rates Manager and Jill Payne, Principal Advisor

Key Points:

· Sought guidance/direction on feedback received from initial engagement on the rates remission policy as outlined in the report, alongside additional feedback received from the online Participate website following publication of the agenda (refer PowerPoint Presentation)

· Could share participants’ responses to provide councillors with visibility

· Next steps would be to provide detailed draft policy options to Council in early November and a wider policy review to the 25 October Council Workshop.

In Response to Questions:

· Language and meaning – considered it important to reflect and incorporate Te Ao Māori values alongside legal descriptions

· Papakāinga development terms and criteria – providing an option to extend would not unduly impact on administrative processes

· Economic development on Māori Freehold Land (MFL) – the alternative policy proposed would be a positive benefit that supported relationships with Māori

· Māori land blocks that were planted in forestry had carbon credits applied through the Government’s emission trading scheme and were rated.

Key Points - Members:

· Language and meaning – supported retaining terms used in the Act and to reflect Te Ao Māori concepts with the inclusion of the legislative descriptors where relevant

· Papakāinga development term for remissions, prompts and criteria - supported a five year term with the option to extend on a case by case basis, noting there were criteria in place to trigger some form of payment

· Recognition of Māori Freehold Land - supported the suggested guidance outlined in the presentation as adopted by Western Bay of Plenty District Council. Considered it important to provide explanatory background for those required to implement the policy

· Economic development on MFL – agreed in principle to the alternative policy, however recommended a shorter period and taking advice on monitoring risk and pre-profit stages of business cases without impeding the start-up of economic development

· Considered it important to understand any wording implications that may impact unfairly on MFL

· Wished to receive further information on economic development incentives that rates remissions could support

· Noted concern in regard to taking a case by case approach that did not provide certainty or would make it difficult for staff to implement the policy

· Temporary dwellings, cabins and caravans – recognised the issues regarding poverty and sub-standard living however, agreed that the policy needed to be consistent with the legislation, therefore supported rating land with temporary dwellings, cabins and caravans

· Limitations to occupation – supported a time-bound remission under exceptional circumstances for flood damage and applying this to all land, however considered this should exclude new builds on flood areas and land affected by air pollution

· Requested a track change version of the proposed changes made to the policy that was to be presented at the Workshop on 25 October.

Resolved

That the Komiti Māori:

1 Receives the report, Review of Rates Remission Policy (Whenua Māori);

2 Considers and provides further direction on information received from the engagement process regarding Rates Remissions on Māori Freehold Land;

3 Discusses and provides further direction to assist with ongoing development for education and guidance for remissions/processes and development of Whenua Māori and General title properties.

Iti/Scott

CARRIED

12:38 pm - the meeting adjourned.

1:08 pm - the meeting reconvened.

6.3

Long Term Plan 2024-2034 : Consultation with Māori

Presentation - Te Mahere Turoa Long Term Plan 2024-2034 Consultation with Māori: Objective ID A4503660

Presented by: Merehine Waiari, Senior Advisor; Stephanie Macdonald, Community Engagement Team Leader and Herewini Simpson – Kaihautu (Te Amorangi Lead)

Key Points:

· Outlined the approach for a tailored plan to engage with Māori on the Long Term Plan (LTP), noting that it would be topic-focused and based on the audited LTP consultation document

· Highlighted the challenges and limited capacity of Māori and the need to engage early and efficiently with a mixture of consultation platforms

· Next steps would include providing a list of proposed questions to a Council LTP workshop for feedback before seeking endorsement of the draft LTP Māori Consultation Plan at the Komiti Māori meeting in December 2023.

Key Points - Members:

· Supported the targeted engagement plan and the proposed approach

· Wished to see an increase in LTP submissions from Māori and targeting engagement with those that had the ability to make submissions

· Providing a good overview of the LTP along with key issues for Toi Moana and the region would also be important

· Noted the need for equity around consulting with the wider community

· Suggested utilising councillors to convey messaging to constituents via social media and digital platforms

· It would be beneficial to include a question that would seek feedback on Council’s partnerships with Māori.

Resolved

That the Komiti Māori:

1 Receives the report, Long Term Plan 2024-2034 : Consultation with Māori;

2 Endorses a bespoke LTP Māori Consultation Plan that is cost effective and aligns with Council’s formal LTP consultation approach;

3 Notes the LTP Draft Māori Consultation Plan will be presented for endorsement at the December 2023 Komiti Māori meeting in readiness for consultation in February to March 2024.

Nees/Iti

CARRIED

6.4

Engagement with Tangata Whenua for the implementation of the National Policy Statement for Freshwater Management (NPS-FM)

Presented by: Margaret Courtney, Senior Advisor
Kerry Brown, Kaitohutohu Taiao Matua (Senior Advisor)

Key Points:

· The report sought endorsement of a change to a targeted engagement approach with tangata whenua and was in response to feedback received from hui-a-rohe participants and following the Komiti Maori held in August

· The general approach used previously with hui-a-iwi was not yielding the quality of feedback due to the short timeframe, therefore wished to engage directly where the hapū/iwi/practitioners were able to do so and were working on the ground

· Engaging with Māori in freshwater was significant and needed to be flexible

· Noted another approach that had recently come to light that was not covered in the report to re-establish the Ngā Kaitohutohu rōpu, which comprised tangata whenua experts/planners to inform some of the policy development and support the review period that would be shared with iwi.

Key Points - Members:

· Supported a targeted approach, providing safe spaces and opportunities for tangata whenua and kaitiaki on the ground to lead conversations, being honest about the constraints placed on Council and examining examples of success on the ground that may assist with conversations

· Considered it important to convey and demonstrate integrity in Council’s process and approach.

Resolved

That the Komiti Māori:

1 Receives the report, Engagement with Tangata Whenua for the implementation of the National Policy Statement for Freshwater Management (NPS-FM);

2 Endorses the change in engagement approach from hui-a-rohe to targeted tangata whenua engagement.

White/Iti

CARRIED

Information Only

Hei Pānui Anake

6.5

Komiti Māori Chair Update

Resolved

That the Komiti Māori:

1 Receives the report, Komiti Māori Chair Update.

Iti/Crosby

CARRIED

7. Closing Prayer
Karakia Kati

A karakia was provided by Cr White.

1:50 pm – the meeting closed.

Confirmed

Cr Matemoana McDonald

Chairperson, Komiti Māori



Pūrongo Ki: Report To:	Komiti Māori
Rā Hui: Meeting Date:	12 December 2023
Kaituhi Pūrongo: Report Writer:	Rawiri Bhana, Senior Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Kaupapa: Purpose:	Lodgement of the Ngāti Rongomai Environmental Management Plan 2023 – Te Rohe o Te Rape-Puatatau-a-Raeiao

Lodgement of Draft Te Rohe o Te Rape-Puatatau-a-Rākeiao - Ngāti Rongomai Environmental Management Plan 2023

Whakarāpopototanga
Executive Summary

Komiti Māori under its delegated authority has the mandate to formally receive iwi resource management plans. These plans are developed and approved by iwi and identify tangata whenua interests in resource management which can inform Council decision-making.

The Resource Management Act 1991 (RMA) require councils to take into account any relevant planning document lodged and recognised by an iwi authority.

The Draft Ngāti Rongomai Environmental Management Plan 2023 (the Plan) articulates kaitiakitanga aspirations to protect, manage and nurture taonga for present and future generations. The Plan will be lodged at this meeting.

Ngā tūtohutanga
Recommendations

That the Komiti Māori:

1 Receives the report, Lodgement of Draft Te Rohe o Te Rape-Puatatau-a-Rākeiao - Ngāti Rongomai Environmental Management Plan 2023.

2 Formally receives the Draft Te Rohe o Te Rape-Puatatau-a-Rākeiao - Ngāti Rongomai Environmental Management Plan 2023.

3 Notes this is a DRAFT document due to minor edits being required. The final document will be presented to Komiti Maori by Ngati Rongomai Representatives in 2024.

4 Confirms the public be excluded on the grounds set out in the Local Government Official Information and Meetings Act 1987 from consideration of the following report attachment:

(a) Draft Te Rohe o Te Rape-Puatatau-a-Rakeiao Ngāti Rongomai Environmental Management Plan 2023 under Section 48(1)(a)(i) Section 7 (2)(c)(i) as withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied and that this attachment be released to the public at such a time that, the document is finalised and presented to the Komiti Māori meeting in April 2024 (Ōkurei).

1. Kupu Whakataki
Introduction

In accordance with Rongomai history handed down by their elders, Rongomai were the sole occupants and owners of the Lakes known as Rotoiti, Rotoatua, Rotongata, Okataina, Rotokakahi, Tikitapu, Okareka.

All these areas of interest were once settled by the descendants of Rakeiao and his first wife Keapare - a descendant of Waitaha. Later the marriage of Rakeiao to the daughter of his younger brother Tuhourangi, namely Maruahangaroa brought about the occupation of Tarawhai and his descendants.

Tauparapara

Kuranonoia he ki mai mā te waha

Ko Te Umukohukohu, Ko Te umu nihotu auare

Ko Tūkiterangi ki te Mātārae i Ōrehu

Pepeha

Ko Haumingi te maunga

Ko Okataina te kohanga wai

Ko Rakeiao te tangata

Ko Rongomai te iwi

1.1 Ngāti Rongomai Iwi Trust

Ngāti Rongomai Iwi Trust (NRIT) was borne out of the Te Arawa hapū/iwi affiliate claims settlement and is represented on Te Pūmautanga o Te Arawa Trust. It is the primary authority that embodies all tribal members of Ngāti Rongomai. It is also the iwi authority for the purpose of the Resource Management Act 1991.

NRIT undertook a strategic planning process, developing core values and identifying key focus areas. Emerging as a strategic goal from this process was the development of an Environmental Management Plan.

1.2 Plan Intent and Purpose

The Plan aims to promote proactive engagement to ensure iwi perspectives are taken into consideration across the operations of Council, where applicable. The Plan gives guidance on managing effective relationships between iwi and key stakeholders, particularly those who have statutory responsibilities.

It articulates actual and potential issues, cultural values and tangata whenua relationships with our natural resources and will guide local authorities on key issues. It will act as a cultural tool for navigating through environmental priorities that affect our iwi. Thus, avoiding the potential for legal proceedings.

Ngāti Rongomai recognise that to achieve their environmental goals it is a shared responsibility between iwi and local and regional authorities. Additionally environmental effects and the economic impact of activities must be balanced with the spiritual and cultural beliefs of Ngāti Rongomai.

1.3 Pou Tarāwaho ā-Ture
Legislative Framework

The RMA requires Council to take into account any relevant planning document lodged and recognised by an iwi authority. Specific RMA provisions include:

· Section 35A (1)(b) a local authority must keep and maintain a record of planning documents recognised by each iwi authority and lodged with the local authority.

· Under Section 61 (2A) when preparing or changing a regional policy statement, Council must take into account any relevant planning document recognised by an iwi authority.

· Under Section 66 (2A)(a) when preparing or changing regional plans, Council must take into account any relevant planning document recognised by an iwi authority.

· Under Section 74(2A) when preparing or changing a district plan, Council must take into account any relevant planning document recognised by an iwi authority.

· Under Section 104 (1)(c) when considering an application for resource consent, the consenting authority must have regard to any other matter the consent authority considers relevant. The content of hapū/iwi plans is considered under this section.

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

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We recognise and provide for Te Mana o Te Wai (intrinsic value of water).
Safe and Resilient Communities	We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.
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.

1.4.1 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. Ngā Whakaarohanga
Considerations

2.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks and mitigations associated with this environmental plan.

2.2 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.

2.3 Ngā Pānga ki te Māori
Implications for Māori

Iwi management plans are a useful planning mechanism to facilitate knowledge transfer. They provide a framework to express values and aspirations and a repository for identifying specific natural resource issues and sites of significance.

These plans can assist to inform Council processes. They provide staff with specific information such as identifying areas of interest, preferred methods of engagement, assisting in the development and/or reviews of regional plans and policies and are a conduit to build and enhance relationships.

For the wider community, these plans increase understanding and help to build community awareness. They help resource consent applicants to identify relevant matters for assessments of environmental effects.

2.4 Whakawhitiwhiti ā-Hapori
Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

Iwi Management Plans are developed by respective Iwi Entities. The content of this Plan is not subject of community consultation, other than the Iwi community to whom the plan represents.

2.5 Ngā Pānga ā-Pūtea
Financial Implications

The development of Iwi Management Plans is supported in Councils Long Term Plan. This Plan received a level of funding that is provided through existing budgets. The total annual budget for developing Iwi Management Plans is $70,000.

3. Ngā Mahi Whai Ake
Next Steps

Internal: Following lodgement of this Plan, relevant staff and teams will be notified and the Plan will be accessible electronically.

External: The Final Plan will be presented to Komiti Maori in April 2024.

Tuhinga Tautoko
Attachments

Supporting Document 1 - Draft Te Rohe o Te Rape-Puatatau-a-Rakeiao Ngāti Rongomai Environmental Management Plan 2023 (Public Excluded) ⇩



Pūrongo Ki: Report To:	Komiti Māori
Rā Hui: Meeting Date:	12 December 2023
Kaituhi Pūrongo: Report Writer:	Merehine Waiari, Senior Advisor and Stephanie Macdonald, Community Engagement Team Leader
Kaiwhakamana Pūrongo: Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Kaupapa: Purpose:	Seeking approval for the 2024-2034 Māori Consultation and Communications Plan.

Long Term Plan 2024-2034: Māori Consultation and Communications Plan

Whakarāpopototanga
Executive Summary

At its meeting held on 10 October 2023, Komiti Māori approved the following:

a) Staff develop a bespoke LTP Māori Engagement Plan that is cost effective and aligns with Council’s formal LTP consultation approach, and

b) LTP Draft Maori Engagement Plan to be endorsed at the December 2023 Komiti Maori meeting in readiness for consultation in Feb-Mar 2024.

Staff have developed a plan (refer appendix) and are seeking approval at this meeting.

Under its Terms of Reference, Komiti Māori has the delegated authority to provide direction on effective Māori engagement and on actions to enhance Maori capacity to contribute to Council’s decision-making, including recommendations for Long Term Funding to achieve this.

Consulting with the community on the LTP is a legislative requirement under section 93(2) of the Local Government Act 2002 (LGA). Council has a specific obligation to maintain and improve opportunities for Māori to contribute to local government decision-making under section 81(1)(a) of the LGA.

Ngā tūtohutanga
Recommendations

That the Komiti Māori:

1 Receives the report, Long Term Plan 2024-2034: Māori Consultation and Communications Plan;

2 Approves the Māori Consultation and Communications Plan for the Long Term Plan 2024-2034, in readiness for consultation in February to March 2024;

3 Authorises the General Manager Strategic Engagement, in consultation with the Chair of Komiti Māori, to make minor amendments to the Māori Consultation and Communications Plan, if required.

1. Kupu Whakataki
Introduction

The LTP sets the strategic direction for Toi Moana over the next ten years, including the work we deliver, and how that work will be funded. The proposed consultation timeline for the LTP 2024-2034 is four to five weeks between March to April 2024.

The LTP 2024-2034 Māori Consultation and Communications Plan has been prepared based on the following approaches (as reported in the Komiti Maori 10 October 2023 agenda (pg41):

a) Consultation with Māori is to be approached in a respectful and efficient manner, recognising Te Ao Māori, Tikanga Māori and Te Reo Māori.

b) Consultation is to be early, accessible and relevant.

c) Consultation material is to be tailored for a Māori audience, accommodating sub-regional differences.

d) Consultation schedules and venues (including online) are to be considerate of the availability of Māori, and their resources.

e) Essential to connect early with Iwi-Hapu Authorities, Post Settlement Governance Entities, Co-Governance forums and other relevant entities.

f) Leverage off established relationships and networks of Toi Moana Councillors, particularly the Māori Constituent Councillors.

g) Where possible LTP consultation should be co-ordinated with existing Council engagement and hui with tangata whenua.

h) Have available a mixture of consultation platforms, such as online Wānanga (discussion), presentations (if invited) to marae and hapū hui, or meeting directly with Iwi leaders.

i) Take opportunities to share LTP information at Māori events such as kapa haka, ahurei, annual general meetings and festivals.

j) Develop user-friendly submission forms and processes.

k) Ensure that Māori submitters are supported appropriately if they wish to speak to their submissions.

1.1 Pou Tarāwaho ā-Ture
Legislative Framework

The LTP is the key planning tool for Council that enables integrated decision-making and co-ordination of resources over a ten-year period. It provides a basis for accountability to the community and describes the services Council plans to provide, the community outcomes it will contribute to and the long-term focus under section 93(6) of the Local Government Act 2002 (LGA).

Council must use the special consultative procedure in adopting the LTP under sections 93(2) and 93A of the LGA. This requires Council to clearly present the significant issues, plans and projects proposed for the LTP and provide an opportunity for the community to give feedback that will help to inform the final decision-making.

Provision for Māori in the LGA include:

· Establishing and maintaining processes to provide opportunities for Māori to contribute to decision-making processes (section 81(1)(a));

· Considering ways in which it may foster the development of Māori capacity to contribute to the decision-making processes (section 81(1)(b);

· Providing relevant information to Māori (section 81(1)(c);

· Taking into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna and other taonga (section 77(1)(c); and

· Taking appropriate account of the principles of Te Tiriti o Waitangi/Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes (section 4).

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

A Healthy Environment	We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.
Freshwater for Life	We listen to our communities and consider their values and priorities in our regional plans.
Safe and Resilient Communities	We work with communities and others to consider long term views of natural hazard risks through our regional plans and policies.
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.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

The LTP encompasses Council’s responsibilities and planned activities over a 10-year period. Meaningful engagement with Māori to develop the LTP supports the four well-beings with a particular emphasis on strengthening cultural wellbeing.

2. Draft LTP Māori Consultation Plan

2.1 Consultation Approach

The Plan is designed to enhance Māori participation by being accessible and relevant to the respective Māori communities in the Bay of Plenty region.

There will be a mixture of targeted engagement with Māori leaders as well as broad engagement that focuses on key areas of interest in the LTP.

Staff will develop supporting material for consultation that is focused on issues for Māori and a user-friendly submission process that meets the needs of Māori and the community.

2.1.1 Engagement with Māori

The LTP Māori Consultation and Communications Plan is focused on three engagement approaches:

1. Direct engagement with iwi authorities and other Māori entities

Targeted and direct engagement with iwi authorities and Māori leaders provides an opportunity for focussed dialogue on specific issues that are a priority for iwi and hapū. This approach was adopted during the 2021 – 2031 LTP consultation process and was highly effective in obtaining detailed advice. Direct engagement is also a high commitment to engaging with Māori.

2. Direct engagement with Forums and Committees

Targeted engagement with existing and relevant co-governance forums and advisory committees. This provides an opportunity to consult with existing Iwi representatives who have expertise and experience on significant issues in the LTP. Utilising these existing networks is encouraged to best utilise the limited time.

3. Online wānanga

Online wānanga will focus on the key areas of interest in the LTP for Māori. The workshops will be advertised using existing platforms and an invitation to consult will be sent to all iwi Māori contacts in January and February 2024.

2.1.2 LTP Consultation Promotion

Staff recommend using a digital-forward approach in promoting the LTP consultation with Māori. Enhanced use of social media platforms, digital billboards and iwi radio stations is more likely to generate engagement with Māori who may not be aware of Council’s role and the importance of the LTP. The digital-forward approach will complement the existing methods of promotion via email, letter and Council’s website.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Consultation fatigue, limited resources and high engagement demands from Council and other agencies may make it difficult to secure Māori participation during the formal consultation period.

There are a multitude of kaupapa that Council are competing with, many of which are a higher priority for Māori to respond to. There is also uncertainty with the existing and proposed national policy and legislative reforms and the impact it will have on priorities for Māori. These factors pose a risk of low Māori participation.

This can be partly mitigated through early and appropriate communication, reducing barriers to participation, utilising existing networks and relationships and active support from community leaders including councillors. Council will need to engage with iwi authorities and relevant Māori leaders as early as possible to indicate whether they have capacity to meet during the consultation period. A zoom option will also be made available if meeting in person isn’t possible.

Participating in LTP consultation can be challenging for remote Māori communities who are unable to travel into Council offices or submit to the LTP online.

3.2 Huringa Āhuarangi
Climate Change

Māori are increasingly experiencing the impacts of climate change through sea level rise, more intense and frequent extreme weather events and other climate impacts. Coastal marae and culturally significant sites in the Bay of Plenty region are already under threat, with large proportions of Māori owned land located in coastal areas or near flood-prone rivers.

3.3 Ngā Pānga ki te Māori
Implications for Māori

The draft LTP Māori Consultation Plan focuses on engagement that adds the most value to Māori and Council to better utilise the limited resources of iwi, hapū and Māori communities. Quality consultation with Māori will inform the decisions of Council and achieve outcomes for the Taiao that benefit present and future generations. Tailored consultation during the formal consultation process will also ensure Māori understand significant issues, plans and projects that are relevant for Māori.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

The LTP Māori Consultation Plan aligns with and compliments Council’s formal consultation approach under the LTP Communications and Community Engagement Plan. Relevant staff have been working together to capture potential synergies.

3.5 Ngā Pānga ā-Pūtea
Financial Implications

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

4. Ngā Mahi Whai Ake
Next Steps

Feedback provided by Komiti Māori will be incorporated into the final LTP Māori Consultation Plan where required, to commence early engagement with iwi authorities and Māori leaders from December 2023.

Staff will continue to work with the project team leading the wider community consultation plan in preparation for formal LTP consultation in March to April 2024.

Tuhinga Tautoko
Attachments

Attachment 1 - LTP Maori Consultation-Communication Plan ⇩

Komiti Māori 12 December 2023



Report To:	Komiti Māori
Meeting Date:	12 December 2023
Report Authoriser:	Kataraina O’Brien

Komiti Māori Chairperson's Update

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. Introduction of Tuapiro Marae

2. Hau Kainga – an introduction by representatives of the meeting hosts, Tuapiro Marae and Ngāti Te Wai hapū

3. Western Bay of Plenty District Council – working relationships with tangata whenua

4. Komiti Māori Highlights 2023

5. Update on some matters of significance to Māori.

Komiti Māori meets bi-monthly and rotates its meetings between Council chambers and at marae across the region. When meetings are held on marae, the committee focuses on hearing directly from local tangata whenua. Council is appreciative of the invitation from the Marae Chair Shaan Kingi, to hold the last meeting for 2023 at Tuapiro Marae, Katikati.

Recommendations

That the Komiti Māori:

1 Receives the report, Komiti Māori Chairperson's Update.

1. Kupu Whakataki

Introduction – Tuapiro Marae

Ko Hikurangi te Maunga

Ko Tuapiro Te Awa

Ko Katikati Te Moana

Ko Ngā Kuri A Wharei Te Tupuna Whare

Ko Muriwai te Whare Kai

Ko Mataatua Me Takitimu Ngā Waka

Ko Ngāi Te Rangi me Ngāti Ranginui ngā Iwi

Tuapiro marae is located in Katikati, 43 km north of Tauranga. The primary hapū is Ngāti Te Wai of Ngai Te Rangi and Ngāti Ranginui iwi.

The whare tipuna is named Ngā Kurī a Wharei, and the wharekai is Muriwai. Tuapiro marae connects to maunga Hikurangi and the awa Tuapiro. Ngāti Te Wai is unique amongst Tauranga Moana Hapū in that they claim direct descent from both Ngāti Ranginui and Ngāi Te Rangi and unites both iwi as well as both the Takitimu and Mātaatua waka.

Shaan Kingi is the Chairperson of Tuapiro Marae. Mr Kingi is well known throughout Tauranga moana and highly respected for his leadership and guidance on behalf of his marae and hapū. He is also a well-known leader of the Māori Wardens Association in the Bay of Plenty and is a key member of the Māori Wardens Management team of the Māori Wardens Emergency Management Response Team.

2. Kaupapa Tuarua: Hau Kainga Presentations

2.1 Ngāti Te Wai – Tuapiro Marae – Marae Development

The presentation will focus on key areas of marae development for the medium and long-term aspirations of the hapū and its whānau.

Papakāinga Development

The hapu is developing papakāinga to enable whānau to live and thrive in healthy homes and on their own whenua and are keen to discuss and showcase the challenges and opportunities this brings for the hapū and their surrounding community.

Development of Historic Reserve

Ngāti Te Wai are currently working alongside the Western Bay of Plenty District Council to progress towards and develop a historic reserve near the current marae Papakāinga. The land that the proposed reserve seeks to enhance has immense cultural and spiritual value for Ngāti Te Wai and showcases the critical relationship development alongside the WBOPDC to enable this opportunity to benefit the hapū and the wider community.

Project Parore

Project Parore is a community led initiative with the vision of raising awareness of and involvement in the protection and restoration of the land, waterways and harbour habitats, for the benefit of both the community and native species in the Katikati area. Ngāti Te Wai, Te Whānau a Tauwhao and Ngāi Tamawhariua have a signed memorandum of understanding with Council and Uretara Estuary Managers Incorporated around involvement and partnership development in the project and its outcomes for the catchment.

2.2 Te Whānau a Tauwhao

Like their relatives Ngāti Te Wai, Te Whānau a Tauwhao and Ngāi Tamawhariua have a range of kaupapa and development opportunities currently under way. They are also a signatory on the Project Parore Memorandum of Understanding and are working alongside council and other hapū to revitalise and enhance the environment within their rohe.

The hapu is involved in a number of initiatives to enhance the environmental outcomes and support the needs of their community in the northern parts of Tauranga harbour, including critical statements on Te Mana o Te Wai for their rohe and undertaking their critical role towards marine biosecurity outcomes in particular.

Te Whānau a Tauwhao are eager to share the opportunities and challenges in their role as kaitiaki and as critical partners for local government including council.

2.3 Ngāi Tamawhariua

The hapū will be providing a state of the nation update on critical areas of focus for the hapū with a focus on the needs of the norther Tauranga Moana hapū and the specific needs of their catchments.

As a signatory on Project Parore as well as a critical partner in other initiatives regarding fresh water, climate change and marae development the hapu is keen to ensure their local government partners are abreast of the unique needs of their rohe, marae and the whānau they seek to support.

3. Kaupapa Tuatoru: Western BOP District Council Mayor

Mayor James Denyer will be speaking about their working relationships with tangata whenua in the northern end of the Mauao Constituency with the three hapu.

This relationship covers a range of kaupapa and priorities including the preservation of the areas special character, enhancing existing partnership opportunities and identifying critical areas of future opportunities that rely on a coordinated relationship and partnership between district council and the hapū of northern Tauranga.

4. Kaupapa Tuawha: Komiti Māori Highlights 2023

4.1 Komiti Māori Membership

In 2021 Komiti Māori membership was expanded to include all 14 councillors, to facilitate increased opportunity for all councillors to engage with tangata whenua directly through the work of and involvement in Komiti Māori.

The illustration below shows Komiti Māori membership as per the new elected triennium.

Illustration 2: Komiti Maori membership as of 2022

4.2 Tangata Whenua Presentations to Komiti Māori

Komiti Māori provides a platform for mutual exchange and understanding between Council and tangata whenua, whereby tangata whenua are invited to present on important Kaupapa at each hui. Komiti Māori have received 17 presentations from tangata whenua for this current triennium.

Through these presentations Council can gain greater insights to initiatives led by tangata whenua. Some examples of matters presented at Komiti Māori include:

· Funding streams and Māori climate change

· Te Takinga Marae and climate change

· Te Kotahi a Pikiao – Guiding values and strategic focus areas

· Tūhourangi Tribal Authority Taiao projects

· Te Wahapu o Waihī Taiao project

· Waiora Mātaatua project

· MPI Māori Agribusiness funding

4.3 Guest Speakers/Manuhiri

Komiti Māori had the privilege of welcoming guest speakers/manuhiri who presented, some of which include Farm 4 Life, Global Island Partnerships and Climate Change and Wai Ora Mataatua. It was our pleasure to host Tangaroa Walker and Kate Brown at a Komiti Māori hui in Tauranga and hosted James Hudson in Whakatāne. A snapshot is provided below.

4.3.1 Tangaroa Walker – Farm 4 Life

Tangaroa Walker presented to Komiti Māori on 22^nd Feb 2023. He is of Ngāi Te Rangi iwi and has a passion to work with young Māori and get them into farming. In his 2012 Ahuwhenua Awards Young Māori Farmer of the Year acceptance speech, Tangaroa asked those in attendance when technology would be integrated into farming? This simple public statement grew into Tangaroa developing Farm4Life an online learning hub for farmers. The Farm4Life learning hub covers the basics of farming or tries to answer those questions people were too embarrassed to ask, but covers topics such as whānau, financial management and mental health. Following on from the success of Farm4Life, Tangaroa in 2021 published his first book; “Farm 4 Life: mahi, mana and life on the land”. Which again ties into his passion of helping others to learn.

Today Tangaroa is a true community and industry leader running a successful 500-cow dairy farm and reaching millions as the much-loved face of Farm4Life with his practical, inspiring, crack-up videos on everything from farming to fishing, finance to whānau and mental health management.

4.3.2 Kate Brown – Global Island Partnership & Climate Change

Kate Brown presented to Komiti Māori on 22^nd Feb 2023. She is Ngāi Te Rangi, lived in Australia, Fiji, Samoa and the United States. Kate has led the Global Island Partnership (GLISPA) since 2009 and is based in Papamoa, New Zealand. She is an island partnership and network specialist and, with GLISPA advises governments, non-profit organisations and others on strategies for working together to improve the lives of island people across the globe on climate change.

4.3.3 James Hudson – Wai Ora Mātaatua Project

James Hudson is Ngāti Awa, Tūhoe, Ngāti Pūkeko and Ngaitai Iwi. James has expertise in Māori and indigenous analytics, governance systems and project development. He has a strong quantitative skillset in Māori-centric and indigenous data approaches and analytics designed for indigenous realities.

James is leading the Wai Ora Mātaatua Project. He presented an update to Komiti Māori at its 22^nd August 2023 hui.

4.4 Komiti Māori Support for Initiatives

4.4.1 Iwi/Hapū Management Plans

Komiti Māori continue to support Hapū/Iwi Management plans with the development of the plans and the targeted funding allocation per year, which is approximately $70,000. This will also include the endorsement / acceptance of the HIMP via Komiti Māori hui. The plans inform Council decision-making and assist Council to identify tangata whenua areas of interest, resource management issues and preferred methods of engagement.

4.4.2 He Toka Tu Moana Environmental Scholarship

The genesis of He Toka Tu Moana Environmental Scholarship came directly from the support of Komiti Māori in remembrance of the late Awanuiārangi Black. Over the last year we received 13 applications and distributed $10K to eight tertiary student recipients where their environmental studies contributed and linked to our community outcomes.

4.4.3 Komiti Māori ePānui

Komiti Māori ePānui (newsletter) shares what Komiti Māori and Councillors are doing around the rohe that is relevant to Iwi, Hapū and Marae. The panui has a distribution list of over 500 people which is sent out quarterly per year prior to a scheduled Komiti Māori meeting. The ePānui is full of exciting information and agenda items relevant to the current scheduled meeting, and current news of interest for tangata whenua. The distribution is free via email and is a practical tool to keep the Māori community informed of what is happening within Toi Moana and its local areas.

4.5 Komiti Māori Influenced / Supported Initiatives

Komiti Māori plays an important role in facilitation kaupapa Māori across Council decision making processes. The following are examples of existing operations that have benefited through Komiti Māori influence and support.

4.5.1 RMA Hearing Commissioner Certificate

The Making Good Decisions Programme is the approved accreditation qualification for RMA hearing commissioners. Council has since 2012 continued to sponsor tangata whenua to complete the training and certificate and increase our pool of qualified Māori Hearing Commissioners.

4.5.2 Summer Experience Programme

This year Council received a huge interest in candidates apply towards the Summer Experience Programme where Council employed 25 students, committing to a 12-week opportunity in the summer experience programme. Students undertake work in alignment with our community outcomes, with many having a dedicated focus on kaupapa Māori. Komiti Māori maintains a particular interest in Māori students each year, as contributors to the future capacity/capability of their hapū/iwi.

4.5.3 Te Hapai Ora – Regional Community Outcomes Fund

Te Hapai Ora – Regional Community Outcomes Fund provides funding to support community projects/purposes/events, that contribute to our regional community outcomes. Grants of up to $2K per application are available from a total annual pool of $30K. Successful applications regularly include a variety of kaupapa Māori including matariki, Mātauranga Māori and pollution clean-up in our lakes.

4.5.4 Treaty of Waitangi Settlements

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

4.5.5 Ko Wai Matou – Te Mana o Te Wai Funding Update

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

The project is named ‘Ko Wai Mātou’ and is centred around Tauranga Moana. Supported by Bay of Plenty Regional Council Toi Moana, the project will be delivered by the hapū, (comprising of Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga iwi) who are kaitiaki over four koawa within the Tauranga Moana rohe.

The project is now underway with Pia Bennett as the Project Lead. The Project Steering Group membership is being confirmed and an initial project meeting held with hapū members involved. The Komiti Māori Chair has been instrumental in progressing this initiative.

4.5.6 Te Wahapū o Waihī

MFE funding was secured for an Iwi led project to clean up the Waihī Estuary. This is a collaborative project that involves community and tangata whenua. Cr Te Taru White helped with initial discussions and through his leadership was able to galvanise the roopu.

Te Wahapū o Waihi is a collective of five iwi (Ngati Whakahemo, Ngati Whakaue ki Maketu, Ngati Pikiao, Ngati Makino and Tapuika), with a shared vision: He oranga te Wahapū, he oranga te iwi. Since Kura Paul-Burke and Roana Bennett presented to Komiti Māori in April, Te Wahapū o Waihi has been actively working towards achieving its vision and objectives together, with funding and support from Toi Moana, the Ministry for the Environment Freshwater Improvement Fund, and the Ministry for Primary Industry's Māori Agribusiness Unit.

Key highlights of the project so far include:

1. Purchase of a 50% share of 30 hectares of low-lying farmland at Cutwater Rd, Pukehina, in partnership with Toi Moana

2. Co-design of wetlands on the whenua

3. Survey of estuary and interviews with koeke to complete baseline mātauranga mapping

4. Signing and implementation of three new Environmental Programmes to improve environmental performance

5. Recruitment ofkaitiaki to lead the akonga programme over summer

6. Engagement with Māori landowners on how Te Wahapu o Waihi can best contribute in the sustainable land management outcomes space in the future

5. Kaupapa Tuarima: Operating Environment

5.1 Court of Appeal Marine and Coastal Area Act Decision

The Court of Appeal released their decision on Whakatōhea Kotahitanga Waka (Edwards) & Ors v Te Kāhui and Whakatōhea Māori Trust Board & Ors^{^[1]} in October 2023. This is the first substantive appeal under the Marine and Coastal Area (Takutai Moana) Act 2011 to reach the higher court and consider the statutory test for customary marine title (CMT). The appeal also considers multiple overlapping claims in the common marine and coastal area from Maraetōtara to Te Rangi in the eastern Bay of Plenty region and includes the marine and coastal area around Whakaari and Te Paepae o Aotea.

The specified common marine and coastal area is substantially the customary area of Te Whakatōhea iwi but is also part of the customary area of Ngāti Awa, Ngāi Tai and Te Whānau-a-Apanui. The boundaries are also contested by neighbouring iwi who further claim rights to Whakaari and Te Paepae o Aotea. Toi Moana did not participate in the hearing but were joined as an interested party.

Key decisions and findings of the Court of Appeal

1. The Court found that the High Court judge relied heavily on the Pūkenga report for findings about exclusive use and occupation and did not come to the necessary factual findings to establish CMT. On that basis, there will be a rehearing on Orders 1 and 3 in the High Court. The Court agreed that Te Kāhui, Te Ūpokorehe and Ngāti Awa meet the test for CMT at Ōhiwa Harbour so Order 2 stands.

2. The Court had differing views on what the test for establishing CMT is under section 58(1) of the Act. Cooper J and Goddard J found by majority that an application group need only satisfy the court that it currently holds the area in accordance with tikanga, and that its use and occupation of the area has been continuous since 1840. However, Miller J dissented and held that a court must inquire whether the applicant holds the specified area in accordance with tikanga, their use and occupation must be exclusive, which requires both an externally manifested intention to control the area and the capacity to do with regard to tikanga and must have been continuous from 1840.

3. The Court had differing views on circumstances in whether shared CMT will be available to applicant groups. Miller J held that where there are two applicant groups and neither acknowledges the rights of the other, there can be no grant of recognition of a shared CMT. However, the majority held that in situations where groups deny that they both meet the test for CMT, shared CMT is still able to be granted and that the resolution of entitlement is best achieved between the groups through a tikanga process over time.

4. The Court overturned the High Court’s finding that CMT cannot be held over the beds of navigable rivers. Under section 11(3) of the Act the Crown and every local authority are divested of every title as owner, whether under any enactment or otherwise, of any part of the common marine and coastal area. Further, the marine and coastal area is defined as including the beds of rivers forming part of that area, as well as the airspace above and the water space (but not the water).

Further appeal

There are currently eight applications that have been lodged to the Supreme Court for leave to appeal and one application to recall the Court of Appeal decision. The Attorney-General has also sought leave and is challenging the Court of Appeal decision on the meaning and application of the statutory test for establishing CMT under section 58(1) of the Act and the finding on whether CMT can be held over the beds of navigable rivers. This is particularly relevant for Toi Moana as there are rivers and drainage assets that are within the affected common marine and coastal areas. Toi Moana will continue to monitor the proceedings as they progress.

5.2 Waitangi Tribunal – Marine and Coastal Area (Takutai Moana) Act 2011 – Inquiry Stage 2 Report

The Waitangi Tribunal released The Marine and Coastal Area (Takutai Moana) Act 2011 Stage 2 Report^{^[2]} in October 2023. The report completes the two-stage inquiry that was announced in August 2017, following claims that the Act is in breach of the Treaty of Waitangi and undermines Māori customary rights in the marine and coastal area. The stage 1 report was released in 2020 and found that many of the procedural arrangements and non-financial resourcing that the Crown provides to support the Act, falls well short of Treaty compliance. The stage 2 report focuses on Treaty compliance of the Act itself and whether the Act’s foundations and mechanisms for recognising claimants’ rights are compliant with the Treaty.

Overall, the Tribunal found that the Act is in breach of the principles of the Treaty of Waitangi and therefore impacts the ability for Māori to exercise kaitiakitanga and Rangatiratanga. The Tribunal also found that the Act does not provide a reasonable balance between Māori rights and other public and private rights.

Key findings of the Tribunal

1. A high standard of consultation was required with Māori in developing the Act on the basis that the marine and coastal area is a taonga in which Māori have a unique relationship. The Act impacts significantly on this relationship and the Crown’s consultation was too short and did not sufficiently allow Māori to engage with the operational details of the Act. Feedback provided was also not given genuine consideration by the Crown during the consultation process.

2. The test for establishing CMT under section 58(1) of the Act and the element of ‘substantial interruption’ is in breach of Treaty principles. The Tribunal found no legitimate reason why existing public and private interests should lead to a substantial interruption of Māori customary rights given those existing interests are protected in other parts of the Act. The Tribunal stressed however that this was an interim finding, pending the decision of the Court of Appeal in Re Edwards (Te Whakatōhea No 2).^{^[3]}

3. The statutory deadlines under the Act required Māori applicants to apply for recognition of their rights in te takutai moana from the date of the Act coming into effect in 2011 until 3 April 2017. The Tribunal found an absence of convincing evidence regarding why the Crown chose the six-year deadline which has been the cause of administrative problems since the Act came into force. The statutory deadline was therefore not justified and in breach of Treaty principles. The Tribunal recommend that the Crown repeals the statutory deadline without delay.

4. The two application pathways (direct engagement with the Crown or by application to the High Court) have particular problems that amount to a breach of Treaty principles. Failure of the Crown to provide Māori with a choice to have their application heard in the High Court or the Māori Land Court breaches the principle of options. The Crown engagement pathway provides the Crown with significant discretion and with the slow pace of engagement, provides considerable uncertainty for applicants.

5. Some of the Act’s exceptions from the scope of protected customary rights undermine the legal award of protected customary rights which is in breach of the principle of partnership. This includes aquaculture activities being allowed to continue even where they adversely affect protected customary rights. The Tribunal also found that permission rights granted in a CMT are also severely undermined by the exceptions of accommodated activities and deemed accommodated activities under the Act. Rights of the CMT holder are also restricted, including the ability to grant a lease or licence over a CMT area without providing an adequate substitute. Māori must also obtain a CMT before they can seek protection of a wāhi tapū.

6. The framework under section 85 of the Act provides a right of CMT holders to create a planning document but does not sufficiently support CMT holders or regional councils to carry out this work. The Tribunal were further concerned that the Act vests reclaimed land to the Crown, extinguishing Māori rights without compensation.

Recommendations

The Tribunal have made several recommendations to the Crown to amend the Act based on their findings. This includes repealing the statutory deadline to make an application and improving the test for establishing CMT under section 58(1) of the Act. The Crown will be required to consider these recommendations alongside the decision of the Court of Appeal in Re Edwards (Te Whakatōhea No 2).

In light of the Tribunal’s recommendation regarding the planning framework, Toi Moana will ensure that it works closely with CMT groups in supporting the development of planning documents and that it appropriately recognises and provides for these documents in Council plans and policies.

5.3 Waitangi Tribunal – National Fresh Water and Geothermal Resources Inquiry

The National Freshwater and Geothermal Resources claim (Wai 2358) was filed by the New Zealand Māori Council, with the support of co-claimants and many Māori interested parties, in February 2012. The three-stage inquiry is now in the interlocutory phase of the final stage and will focus on Māori rights and interests in geothermal resources and Crown policies and practices in respect of those resources.

The Tribunal have confirmed that a hearing for the stage three inquiry will be held in June 2024. The Tribunal have also suggested the following issue questions for the inquiry:

· Issue question 1: What Māori rights and interests in geothermal resources are guaranteed and protected by the Treaty of Waitangi?

· Issue question 2: Is the current law in respect of geothermal resources consistent with the principles of the Treaty of Waitangi?

· Issue question 3: If the current law in respect of geothermal resources is not consistent with Treaty principles, what recommendations should be made to the current law?

The stage 3 inquiry report is still a considerable time away from being released by the Tribunal, as hearings are set to begin in mid-2024.

Stage 2 Inquiry

Note that the focus of the Tribunal in stage 2 of the inquiry was on the Crown’s freshwater management regime and its reforms. The Tribunal found that the law in relation to fresh water was not consistent with Treaty principles and that many of the Tribunal panels have found the Resource Management Act 1991 to be in breach of the Treaty. These breaches include the Crown refusal to recognise Māori proprietary rights in freshwater taonga in the development of the RMA.

Several of the recommendations from the stage 2 report were incorporated in the 2020 National Policy Statement on Fresh Water Management (NPS-FM), the Natural and Built Environment Act 2023 and the Spatial Planning Act 2023. Toi Moana is currently implementing the NPS-FM for public notification by December 2024 and have been engaging with tangata whenua and the community across the region regarding the potential changes to how land and freshwater are managed in regional rules.

5.4 Treaty Settlement Update

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

5.4.1 Te Whānau a Apanui (East Coast)

Te Whānau-a-Apanui initialled a Deed of Settlement (DoS) with the Crown in recognition of their Treaty of Waitangi claims on 26 September 2023. The DoS is now being considered by Te Whānau-a-Apanui who will vote on whether or not to ratify the document in February 2024. If ratified, is it anticipated that the legislation seeking to give effect to the DoS will be introduced to Parliament in the second quarter of 2024.

The redress package includes financial, cultural and commercial redress of $30 million, the vesting of twelve sites of cultural significance, reservation of 5,000 hectares of marine space for aquaculture and a bespoken Te Ao Tūroa framework for approaching the natural environment in a way that reflects the values of Te Whānau-a-Apanui. Toi Moana staff are continuing to engage with Te Arawhiti and Apanui representatives around the timing and phasing of the natural resource and environment components in the DoS.

5.4.2 Te Whakatōhea (Ōpōtiki)

The Whakatōhea Claims Settlement Bill was introduced into Parliament on 13 June 2023 and has progressed to the Māori Affairs Select Committee for consideration. Submissions on the Bill closed on 31 October 2023 and the report for the House, including any recommended changes to the Bill, is due on 17 February 2024.

The Bill seeks to give effect to the DoS 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, the transfer of 18 Crown properties and a reserve of 5,000 hectares in the coastal marine area in which only Whakatōhea may apply for permits for aquaculture.

The Bill also provides for the establishment of the Whakatōhea Kaitiaki Forum, a joint committee of Bay of Plenty Regional Council, Ōpōtiki District Council and Whakatōhea representatives who will support and enable the kaitiakitanga of Whakatōhea hapū over the rivers and catchments within their rohe.

6. Ngā Pānga ki te Māori

Implications for Māori

This report covers a wide range of kaupapa that intersect Councils relationship with Māori at the regional and national level. These kaupapa represent the increased recognition of the value that Te Ao Māori contribute to society. Although these kaupapa are substantive they represent just a sample of the many kaupapa that Māori and tangata whenua are confronting which directly impacts on their relationship with Council.

Despite the wide scope of kaupapa in this report the implications for Māori are consistent irrespective of the report item. The implications were informed by the following:

· The need for strengthened capacity to enable Māori to take advantage of the opportunities to participate.

· Te Ao Māori and Matarauranga Māori are increasingly becoming critical in the resource management sector for assessing and determining values and risks, adaptation, planning and understanding the health of communities and the environment.

· The increase pace at which tikanga Māori is being considered and catered for by the public and judicial sectors.

· The expanding list of environmental policy kaupapa which required Te Ao Māori and Mātauranga Māori influence and guidance.

· An increased pace of Treaty settlement and post settlement priorities of iwi and hapū.

The implications for Māori can therefore be summarised as:

· The many opportunities presented in this report are overall positive for our relationship with Māori but should be balanced against the ability for Māori to participate.

· Existing capacity barriers, competing priorities and demands, the management of finite iwi time, resources, people, and their own respective priorities will determine the level of Māori participation.

· How council manages engagement and partnership opportunities in a way that avoids unnecessary duplication to better manage the demand on finite iwi resources will be critical moving forward.

[3] Discussed previously in the Report at page [2].

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