Agenda of Komiti Māori - Tuesday, 27 February 2024

Komiti Māori Minutes

12 December 2023

Komiti Māori

Ngā Meneti

Open Minutes

Commencing: Tuesday 12 December 2023, 10:35 AM

Venue: Tuapiro Marae, 20 Hikurangi Road, Tahawai, Katikati

Heamana

Chairperson: Cr Matemoana McDonald

Heamana Tuarua

Deputy Chairperson: Cr Toi Kai Rākau Iti (Via Zoom)

Ngā Kopounga

Members: Cr Stuart Crosby

Cr Kat Macmillan

Cr Ron Scott

Cr Te Taru White

Cr Paula Thompson (Via Zoom)

Cr Lyall Thurston (Via Zoom)

Cr Andrew von Dadelszen (Via Zoom)

Cr Kevin Winters (Via Zoom)

In Attendance: Bay of Plenty Regional Council Toi Moana (BOPRC): Kataraina O’Brien - General Manager Strategic Engagement, Reuben Gardiner – Acting Kaihautu (Te Amorangi Lead), Rawiri Bhana – Senior Advisor (Treaty), Merehine Waiari - Senior Advisor, Lisa Tauroa – Kaituitui (Strategic Engagement Coordinator), Kadin Tuck - Summer Assistant, Shari Kameta – Committee Advisor, Via Zoom: Anaru Vercoe – Pou Whainga/Principal Advisor, Angela Foster – Communications Manager, Margaret Courtney - Senior Advisor, Natalie Richards – Community Engagement Advisor, Riki-Lee Ainsworth – Māori Policy Advisor, Sandy Hohepa - Māori Policy Advisor, Sharon Ainsworth – Project Manager, Sina Shick – Executive Assistance; Presenters: as listed in the minutes; Tangata Whenua/Members of the Public: Charlotte Huiarangi, Katrina Nikora, Nicola Wharekawa, Phillip Gillespie, Katrina Nikora (Ngāti Te Wai/Tuapiro Marae), Aaron McHardy, Francis Hill, Crystel Masters (Kaimai Kauri), Anaru Tibble (Ngāti Pikiao Environmental Society), Aaron McHardy, Crystel Masters, Francis Hill (Kaimai Kauri), Sam Tangiia (Tuapiro/Ōtawhiwhi/Te Rereatukāhia Marae); Alejandro Bermeo, Arthur Flintoff, Gina Graham, Zyon Mohi (TAKT), Brodie Davis (Project Parore), Leanne Faulkner

Ngā Hōnea

Apologies: Cr Malcolm Campbell

Chairman Doug Leeder

Cr Jane Nees

Cr Ken Shirley

Fiona McTavish - Chief Executive

A pōwhiri took place at 9.30 am before the meeting started at 10.35 am.

1. Opening Prayer
Karakia Whakatuwhera

A karakia was provided by Tuapiro Marae Chair Shaan Kingi.

2. Apologies
Ngā Hōnea

Resolved

That the Komiti Māori:

1 Accepts the apologies from Chairman Doug Leeder, Cr Jane Nees, Cr Ken Shirley, Cr Malcolm Campbell and Fiona McTavish for absence tendered at the meeting.

White/Macmillan

CARRIED

3. Item not on the Agenda
Ngā Take Tōmuri

The Chair advised that Mr Buddy Mikaere would provide a presentation in the Open Forum on a proposed concept for a Te Pūtake o te Riri – New Zealand Wars Centre.

4. Order of Business
Raupapa o Ngā Take

Council reports were considered prior to presentations to alleviate any potential issues that may arise with audio visual conferencing technology.

The address by Ngāi Tamawhariua hapū representative as part of Agenda item 8.2 was deferred and provided after Agenda item 8.3, Mayor James Denyer: Western Bay of Plenty District Council, to accommodate the arrival of the speaker.

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

None declared.

6. Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti

6.1

Komiti Māori Minutes - 10 October 2023

Resolved

That the Komiti Māori:

1 Confirms the Komiti Māori Minutes - 10 October 2023 as a true and correct record.

Crosby/Macmillan

CARRIED

7. Reports
Ngā Pūrongo

Decisions Required
Ngā Whakatau e Hiahiatia Ana

7.1

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

Presented by: Rawiri Bhana, Senior Advisor Treaty

Key Points:

· Ngāti Rongomai had requested that their Environmental Management Plan (Plan) be lodged with BOPRC for internal use at this time

· An amended Plan version, excluding images of kaumātua/kuia, would be provided in due course as a public facing document

· Ngāti Rongomai also expressed their wish to host the Komiti Māori meeting in April 2024 at Rakeiao Marae, at which time they would provide a presentation on their Plan.

Key Points - Members:

· Cr White supported Ngāti Rongomai hosting the April 2024 Komiti Māori meeting at Rakeiao marae, noting that this was the marae of the late
Tā Toby Curtis.

Resolved

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 that this is a DRAFT document due to minor edits being required. The final document will be presented to Komiti Maori by Ngāti 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).

White/Scott

CARRIED

7.2

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

Presented by: Kataraina O’Brien, General Manager Strategic Engagement and Merehine Waiari, Senior Advisor

Key Points:

· The LTP Māori Consultation and Communications Plan was specifically tailored for engagement with Māori

· A key challenge would be engaging with iwi that had limited capacity/time to engage. Noted that the LTP consultation period was only four weeks.

In Response to Questions:

· Estimated costs for staff engagement time were within existing budgets (approx. under $2K) and would involve some after hour work, as well as iwi and councillor time.

Key Points - Members:

· Quality engagement and hearing from Iwi-Māori was important

· Supported the engagement plan and digital forward approach

· Noted the need for elected members to elevate discussions on key issues with iwi-governance counterparts

· Welcomed feedback from tangata whenua on LTP engagement during the Open Forum section of the meeting.

Resolved

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.

Macmillan/Crosby

CARRIED

7.3

Komiti Māori Chairperson's Update

The report was taken as read and received with no further discussion.

Resolved

That the Komiti Māori:

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

Scott/Macmillan

CARRIED

8. Presentations
Whakaaturanga

8.1	Shaan Kingi, Tuapiro Marae Chair Shaan Kingi deferred his presentation to the end of the meeting in the Open forum.

8.2	Tangata Whenua Presentations: Ngāti Te Wai and Te Whānau a Tauwhao Hapū Representatives Presentation - Ngāti Te Wai: Objective ID A4564222 Presentation - Te Whānau a Tauwhao ki Ōtawhiwhi: Objective ID A4564221
		1) Riki Nelson - Ngāti Te Wai Hapū, Tuapiro Marae Key Points: · Noted the remaining contention with BOPRC’s practice to consult with non-settled iwi (i.e. Pare-Hauraki) who had registered an interest in the Tauranga Moana rohe on resource consent matters. The matter would be raised further during the Open Forum section of the meeting · Hapū strategic priorities were: taiao, wai, capacity building and biodiversity management · Jobs for Nature funding for Kaimai-Kauri projects was due to end in mid-2024 and had provided employment/skillsets and a reconnection to the ngahere (forest/bush) for local hapū members. Noted it was important to the hapū to maintain networks to enable employment shifts into other areas · Significant focus was needed on myrtle rust as a biosecurity issue. The hapū were working with Tauranga Moana Biosecurity Capital to gather data · A Memorandum of Understanding (MoU) had been signed between Project Parore, BOPRC and the three hapū to collectively work on catchment management · Acknowledged the strong relationships held with BOPRC/WBOPDC and the various work being done to preserve significant sites and reserves. In Response to Questions: · The hapū had strong relationships with Plant & Food Research, Scion and several Māori research programmes to work/collaborate/share information · Considered the single biggest risk currently facing the hapū was maintaining momentum of strategic priorities under Government coalition policy changes, which could pose a risk to funding streams that would impact iwi/hapū capability and existing relationships with local authorities. Key Points - Members: · Supported iwi-led taiao management and social procurement opportunities with BOPRC · Noted BOPRC’s mandate under the Local Government Act and its position to maintain strong relationships with its communities/iwi/hapū, which would not diminish as a result of central government policy changes. 2) Reon Tuanau and Garston Smith - Te Whānau a Tauwhao Hapū ki Ōtawhiwhi Marae Key Points: · COVID isolation impacts had ignited a desire within several hapū representatives to reconnect their three hapū/surrounding communities of Waihī Beach and Katikati, with the first event being held for Matariki 2022 · 2022 Key focus/Activity highlights o Kotahitanga/Whanaungatanga (Unity/Relationships), involvement of rangatahi within all initiatives/future projects, community/group partnerships (i.e. Project Parore, Sustainable Waihī Beach, local primary/secondary schools) o Coastal clean-up, sustainability initiatives, weekly community outreach activities, AED/first aid courses, Waikato museum visit of local taonga o Acknowledged the Western Bay Museum for its support/kaupapa Māori focus · 2023 Key focus/Activity highlights: o Kaitiakitanga/Manaakitanga (Environment/People) o Asian pāpaka (paddle crab) biosecurity threat. Hapū were collaborating and carrying out research with Manaaki Te Awanui, Tauranga Moana iwi, Pirirakau Society, Ōhiwa harbour iwi/hapū and providing education outreach to local marae and community o MoU between the three hapū/BOPRC to work collectively for the taiao o Predator Free 2025 goal for Waihī Beach headlands to Katikati rohe - 180 traps set and GIS mapped had commenced in early November o Whānau hauora (wellbeing) events/opportunity to promote initiatives o Te Mana o te Wai (TMoTW) reconnection to waterways, re-establishing diminished kaimoana stock/sites (i.e. pipi, kukuroa/horse mussel, tuangi/cockle), water monitoring hapū-led contract (ends July 2024), 2023 TMoTW Conference, education awareness, freshwater reforms. 11:50 am – Cr von Dadelszen withdrew from the meeting. o Te Urutaunga 2-year research project with Te Awanui Manaaki and external experts on tikanga/protocols regarding increased presence of great white sharks, and changes in moana taiao/climate adaptation o Cawthron Institute research funding/partnership to identify potential synergies between e-DNA and Mātauranga Māori o Hauora promotion on marae – physical activity/information sharing o Submission to establish WBOPDC Māori Wards o Kai testing to prevent paralytic shellfish poisoning (PSP) on marae o Safer boating/skipper training in partnership with BOPRC o Restoration of Bowentown Headland pā site terraces o Acknowledged BOPRC/WBOPDC for support to connect marae onsite wastewater reticulation, driveway upgrade and maintenance of pā site at Bowentown Headland · Believed the hapū were now well positioned to engage further with BOPRC on kaupapa. In Response to Questions: · Approximately 3,000 kaitiaki/community members had been involved in project/initiatives. Key Points - Members: · Supported iwi-led taiao management and social procurement opportunities · BOPRC and territorial authorities had a role to work together for the community · Commended the exemplar mahi/initiatives of the collective hapū and the opportunities being provided to involve rangatahi. 12:19 pm – Cr Andrew von Dadelszen entered the meeting.
		Item for Staff Follow-up: · Follow-up liaison with hapū on: o Social procurement support and enabling iwi/hapū to continue to support biodiversity/biosecurity management o Privet/woolly nightshade issue that was severely impacting community elders’ health and restricting hapū from holding outdoor events.

8.3

Mayor James Denyer: Western Bay of Plenty District Council

Key Points:

· Acknowledged the special relationship that had been established between WBOPDC and the northern Tauranga Moana hapū over the last triennium

· Highlighted activity/collaboration undertaken with Iwi/hapū/community:

o Memorandum of Understanding with Ngāti Te Wai hapū

o WBOPDC land purchase at Tanners Point (December 2022) and development of concept plan to protect wāhi tapu and Te Poho pā site

o Tuapiro Marae hosted-visit of delegation from Japan to share impacts and learnings from the 2011 Tōhoku tsunami

o Tourism infrastructure funding for a star gazing platform, funding/ support for marae driveway upgrade, green room at Waihī Beach and Matariki ceremony/story telling

o Working towards hapū providing kaitiaki care of pā site terraces at Ōtawhiwhi/Bowentown Headlands

o Crown infrastructure funding for marae onsite wastewater reticulation completed for majority of northern Tauranga Moana marae

o Inaugural Waitangi and Matariki celebrations

o Purchase of property at Beach Road, Katikati to enable access to boat ramp and urupa

o Return of paper road to Tawhitinui Marae for papakāinga development, noting that this supported WBOPDC strategic housing priority

o WBOPDC would be adopting a social procurement policy in the near future to enable/empower communities and Iwi-Māori

· Acknowledged the work of Te Rereatukāhia Marae Chair Hone Winder-Murray and Reon Tuanau at Western Bay of Plenty Museum and the museum’s goal to seek repatriation of local taonga from Waikato Museum

· Noted concern regarding the Government coalition policy change to reinstate the right for local referendums of Māori Wards, however hoped that the Government would respect the decision made by WBOPDC.

In Response to Questions:

· Considered BOPRC and WBOPDC were well aligned and hoped they could work together on their processes etc, for the betterment of the community, i.e. regional consenting

· Regarding tribal cross-boundaries, WBOPDC would look at groupings to ensure equity within WBOPDC’s upcoming representation review in 2024.

Key Points - Members:

· Congratulated WBOPDC on their collaborative work and enhancing the relationship with Iwi/hapū.

8.4

Tangata Whenua Presentations (Continued): Ngāi Tamawhariua Hapu Representative

3) Joell Samuels - Ngāi Tamawhariua Hapū/Te Rereatukāhia Marae Vice-Chair

Key Points:

· Acknowledged the work/support of other hapū representatives and building capability of rangatahi, which Ngāi Tamawhariua was soon to embark on

· Commended the onsite wastewater reticulation at Te Rereatukāhia Marae which had benefited the hapū/community significantly

· Acknowledged the work of Te Rereatukāhia Marae Chair Hone Winder-Murray and the importance of being strategic and making incremental steps towards future outcomes for mokopuna/future generations

· Provided an update on current hapū activity, which included:

o Working with Takarangi Research and Paora Tapsell on a climate change research programme and sites of significance

o Development of a digital repository

o Working with Project Parore

· Te Rereatukāhia Marae was well positioned to work/engage/collaborate with BOPRC and the community as a whole.

In Response to Questions:

· Regarding residential/growth and living conditions, the hapū were working with Takarangi Research on climate change within the taiao, including tidal changes to support a 100-year plan.

Key Points - Members:

· Acknowledged the strong alliance between the three hapū and WBOPDC and commended them on their journey

· Looked forward to conversations on how BOPRC could assist and collaborate with northern Tauranga Moana hapū.

Item for Staff Follow Up:

· Investigate how BOPRC could support marae kaupapa, i.e. marae carpark issues, roading/footpath/signage for community safety.

12:30 pm – Cr Winters withdrew from the meeting.

9. Open Forum

9.1

Buddy Mikaere - Pūtake o te Riri NZ Wars Centre

Presentation - Pukehinahina Charitable Trust - Pūtake o te Riri NZ Wars Centre: Objective ID A4561885

Key Points:

· Provided background on Pukehinahina Charitable Trust’s proposal to develop a Pūtake o te Riri Pukehinahina NZ Wars Centre

· Considered it important and of value for the community to commemorate and understand the history of the NZ Wars and the Battle of Gate Pā (1864) which had initiated the founding of Tauranga City

· Identified key sites to establish a historic precinct, the NZ Wars Centre in proximity to the Gate Pā shopping centre, concept plans and narrative

· The Trust wished to build relationships with Ngāi Tamarāwaho and Ngāti Tapu hapū and provide cultural aspects/opportunities

· The Project Team had lodged a consent application in early December and wished to seek Council funding to support a quantity survey ($16.5K) prior to raising funding support for the main project development.

Key Points - Members:

· Commended the project and its importance and wished the Trust well in their endeavours.

1:02 pm – Cr Toi Iti and Cr Andrew von Dadelszen withdrew from the meeting.

9.2

Carlton Bidois - Tauranga Moana Biosecurity Capital (TMBC)

Key Points:

· Tauranga Moana biosecurity issues:

o It was important that BOPRC retain its focus on biosecurity, noting the issue was no longer within Cabinet Ministers’ portfolios and that it was also vital to the success and future of TMBC and its Māori caucus

o Wished to meet with BOPRC to discuss future biosecurity management, ongoing support and maintaining a working relationship

o Mana whenua were leading the only strategic project against myrtle rust in the country. Coupled with the threat of kauri dieback these remained significant risks for Tauranga Moana

o BOPRC’s recent dive survey had detected nine new invasive bio-organism threats that had established themselves within the Tauranga harbour which could be attributed to the degradation and overall health of the harbour

· Treaty Settlement issues:

o Endorsed the opportunity of a workshop with BOPRC and mana whenua

o In relation to resource consent processes, held the view that BOPRC was not required under legislation to engage with iwi/hapū who had registered (unproven) interest within Tauranga Moana, as only mana whenua had authority to provide cultural impact assessments and engage with consent applicants

o While BOPRC had formally advised mana whenua that they would stop advising consent applicants that they needed to engage with un-settled iwi/hapū, the practice had resumed and was causing issues for mana whenua and consent applicants, which needed resolving/clarifying.

9.3

Raewyn Bennett - Ngāti Pikiao ki Maketu

Key Points:

· Regarding resource consent practices, supported the comments made by the previous speaker, which aligned with learnings from recent Resource Management Act (RMA) hearing commissioner training

· Provided feedback on BOPRC’s Long Term Plan (LTP) communication plan and process:

o Thought the communication plan was good

o Considered that funding criteria/values be reviewed as the previous LTP had not aligned well with Māori environmental/Kaupapa Maori values

o Needed to make potential submitters aware of the 10 minute speaking limit and questioned if it was sufficient for the commitment/time that it took submitters to submit and engage in the process

o Having equity and transparency between Māori and general community engagement was important.

Key Points - Members:

· Thanked the speaker for her feedback on LTP processes.

9.4

Shaan Kingi - Tuapiro Marae Chair

Key Points:

· Acknowledged the support of the Komiti Māori Chair regarding matters pertaining to Tuapiro Marae/Ngāti Te Wai hapū and the exemplary presentations provided by presenters

· Restated the sentiments of previous speakers and sought BOPRC support regarding:

o Taiao management/resilience

o Safer boating/harbour master training/boat/equipment

o Emergency management/marae resilience/response

1:22 pm – Cr Paula Thompson exited the meeting.

o Raised issue with the shipping lane and increase of ships that passed in front of Tūhua Island, and noted the aspiration of the iwi/hapū for shipping route to change to recognise/respect the island as a taonga/tupuna of importance to Tauranga Moana iwi

· Acknowledged the past challenges and efforts/leadership of Ngāti Te Wai kaumātua, the late Nepia Brian and the work/proactivity of respective hapū members and presenters that had presented at the meeting

· Noted the importance of fostering good relationships and maintaining whakapapa links that were connected with respective marae.

Key Points - Members:

· The Chair extended thanks to the hau kainga for hosting the meeting.

Item for Staff Follow Up:

· Meeting to be scheduled at Tuapiro Marae in the New Year with respective representatives of the three marae to discuss the various matters that have been raised by hapū representatives in support of the mahi that is being progressed.

10. Closing Prayer
Karakia Kati

Provided by Shaan Kingi.

1:35 pm – the meeting closed.

Confirmed

Cr Matemoana McDonald

Chairperson, Komiti Māori



Report To:	Komiti Māori
Meeting Date:	27 February 2024
Report Authoriser:	Kataraina O’Brien

Tiamana o Komiti Māori - Ripoata

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. Manuhiri - Guest Speaker Presentations:

a. Value of relationships with Council – Charlie Tawhiao, Chairman of Te Rūnanga o Ngāi Te Rangi Iwi Trust and Ngāi Te Rangi Settlement Trust

b. Fast Track Consenting Process – Ministry for the Environment (MfE)

2. A series of updates on matters including:

c. Long Term Plan 2024 -Tangata Whenua Engagement

d. Mana Whakahono a Rohe lodged with Toi Moana

e. Freshwater Plan Update

f. Summer Experience Programme

g. Environmental Hub – Te Au o Te Awa Punga

h. National Landscape

Recommendations

That the Komiti Māori:

1 Receives the report, Tiamana o Komiti Māori - Ripoata.

1. Kaupapa Tuatahi: Manuhiri – Guest Speakers

1.1 Charlie Tawhiao: Ngāi Te Rangi Iwi Chairman

Mr Charlie Tawhiao is the Chair of Te Rūnanga o Ngāi Te Rangi Iwi Trust and Ngāi Te Rangi Settlement Trust. In his previous career, Mr Tawhiao was in the public service, including as Treaty Relationships Manager at the Department of Corrections and with LINZ. He is a native speaker of Te Reo Māori and is well versed in Tikanga.

Mr Tawhiao will speak at the meeting about the inmportance and value of relationships with Toi Moana.

1.2 Ministry for the Environment - Interim Fast Tack Consenting Process

Rohario Murray - Public Law Barrister

Will Murray and Rebecca Perrett - MfE Principal Analysts

The Government is progressing changes to resource management legislation, including a new fast-track consenting process. Key components include:

· A new fast-track process contained in a standalone Act, with its own purpose statement focused on economic development.

· A priority for regionally and nationally significant infrastructure and development projects.

· A process for projects to be referred by Ministers into the fast-track process if it meets appropriate criteria.

· A list of projects that will be first to have their consents approved and conditions set by an Expert Panel.

· A process where referred projects will go to an Expert Panel which will apply any necessary conditions to ensure adverse effects of the project to the environment are managed appropriately, and where the panel will have only a limited ability to decline a project once referred.

· A “one-stop-shop” where other relevant permits are obtained in addition to resource consents.

1. Kaupapa Tuarua: Long Term Plan Consultation with Māori

On 12 December 2023, Komiti Māori approved the Māori Consultation and Communications Plan for the Long Term Plan 2024-2034 (LTP). The Plan has been designed to enhance Māori participation by being accessible and relevant to the respective Māori communities in the Bay of Plenty region. Toi Moana will be consulting on the draft LTP from Friday 8 March 2024 to Tuesday 9 April 2024.

Staff are currently planning for direct engagement with Māori on the draft LTP. These hui will be scheduled during the consultation period.

Online wānanga have also been scheduled in each of the three Māori constituencies on the following dates:

• Mauao: Thursday 14 March 2024 at 12.30pm (online and in person)

• Ōkurei: Monday 18 March 2024 at 12.30pm

• Kōhī: Thursday 21 March 2024 at 12.30pm

To date, staff have had a good response to the invitations for Māori to meet directly with the Toi Moana Māori Constituent Councillors.

Further details regarding the community events and online wānanga will be available through the Participate webpage.

Below is a timeline displaying dates and events coming up during the LTP process.

2. Kaupapa Tuatoru: Ngāti Hokopu Mana Whakahono a Rohe

On 28November 2023 an invitation was received from Ngāti Hokopū and
Te Wharepaia to enter into a Mana Whakahono a Rohe under section 86 of the Natural and Built Environment Act 2023 (NBEA). The Act was repealed following receipt of the invitation. However, both Hapū retained the right to be treated as an “iwi authority” as part of the transition back to the Resource Management Act 1991 (RMA). The progress from the point of receiving the invitation are now under the auspices of the RMA. The first initial meeting is expected to be held in February. At the time of writing staff were awaiting confirmation of the day and time.

3. Kaupapa Tuawha: Freshwater Plan Update

3.1 State of Play

The Essential Freshwater Policy Programme (EFPP) is Toi Moana Bay of Plenty Regional Council’s work programme to implement the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFM) and review the Regional Natural Resources Plan (RNRP).

Under the freshwater planning process (s80A/91) notification of a plan change to give effect to the National Policy Statement for Freshwater Management 2020 (NPSFM) was required by 31 December 2024. Prior to Christmas, this date was amended under the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (Schedule 2) to 31 December 2027.

Central government also indicated in a letter from the Minister Responsible for RMA Reform that the NPSFM would be reviewed, replaced and this process was expected to take between 18 to 24 months. Central government indicated the process would include a robust and full consultation process with all stakeholders including iwi and the public.

Given the signals from central government, the Essential Freshwater Planning Programme leadership have been reviewing what this means for the programme and moving our work forward. Council will consider this important kaupapa at the Strategy and Policy Committee meeting on 20 February 2024.

3.2 Ko Wai Mātou – Tauranga Moana Project

The Ko Wai Mātou project, a freshwater MfE funded initiative, commenced prior to Christmas with the appointment of a Project Lead, Project Navigator and five kaitiaki. The project is attracting interest from hapū members who want to participate in the programme. Onboarding of the first hapū leads and kaitiaki for Matakana is in progress.

An exciting collaboration with Te Wharekura o Mauao is developing with the Project Lead inviting 30 Year 7-9 tauira to participate in Education Outside the Classroom (EOTC), events related to freshwater. The kura have requested further conversations around integrating auaha taiao within their science curriculum.

The project steering group is scheduled to have their first hui with Toi Moana in March 2024.

4. Kaupapa Tuarima: Summer Experience Programme

In November 2023 Council recruited 25 students into the annual summer experience programme. It is a 10-week programme with full induction and ongoing learning opportunities during their time at Toi Moana.

A couple of students will present to Komiti Māori on their experiences and knowledge gained while working for Council.

Student snapshot:

Kadin Tuck

My few months with Toi Mana has flown by with no day being the same. With a supportive team and an open and accepting environment, there has been no task that has been too difficult. My role within the freshwater focus is diverse, where I operate multiple tasks to support current advisory documents. Working on community feedback, mapping, report detailing, safety courses etc make it an exciting workday.

If I had to pick an overall favourite it would be mapping, it is extremely stimulating both professionally and personally. My work is to access all hapū and iwi areas of significance (ideally around freshwater) and detail its position in the current world. It is making me perceive the region dramatically differently, to the point that a simple drive to the shops which takes me past valued sites to local tangata whenua.

Patricia Waugh

Working with Toi Moana has provided an awesome experience and exposure to many awesome kaupapa. I have been extremely lucky to be involved in the development of a few iwi planning documents for Ngāti Pikiao and to have the support of Elva Conroy (external) who is an expert in this particular area.

There is a wide scope, and this has meant that I needed to reach out to multiple teams within Toi Moana for example: consents, biosecurity, geospatial, and the science team. This has allowed me to familiarise myself with the multiple work of Toi Moana, from the development or reviewing of plans to the compliance and monitoring of our water and lands. I am extremely grateful for the opportunity as I have learnt invaluable skills that will help in any future employment.

Moewaka Dunster

From the moment I stepped into the office, I was welcomed with warmth and enthusiasm, which set the tone for an incredibly fulfilling experience. Working alongside dedicated professionals who are passionate about making a positive impact on the region has been truly inspiring. I have always shared a deep connection to our region through both whakapapa Te Whakatōhea, Ngāi Tai, Ngāti Whakaue, and my experience growing up in Ōpōtiki. It has been an absolute honour to be a part of initiatives that shape our governance and development as a community.

Working closely with team members, I had the privilege of learning how to navigate data systems such as Accela, Objective, updating Iwi, Hapū and Marae contacts, and becoming familiar with formal meeting structures (such as Treaty Co-Governance Forums that Council supports).

In my short time here, I have gathered an abundance of knowledge. This experience has been life-changing for me, introducing me to a new sector and setting my career path in a new direction. Thank you for having me on board, I hope to work with Toi Moana again soon!

5. Kaupapa Tuaono: Environmental Hub – Te Au o Te Awa Punga

Whakatāne District Council (WDC) applied for ‘Better off Funding’ in 2022 from the Department of Internal Affairs and was successful in securing funding for a Hub to provide specific support for iwi in the Whakatāne District with a focus on climate change, spatial planning and water infrastructure. The latter was dropped given the uncertainty around several aspects of the Three Waters programme.

The hub was given the name – Te Au o Te Awa Punga by the participating iwi from Ngāti Awa, Ngāti Manawa, Ngāti Whare and Ngāti Rangitihi. Work to establish the hub began in August 2023 with scoping and programme design. A key aspect of this initial phase of planning was to build in a process to enable the hub to become independent and to eventually generate a revenue. It was to serve iwi and provide them with the technical support on climate change and spatial planning as well as other resource management issues including resource consents.

Toi Moana plays a role in providing high level advice and support on policy, engagement, operations and implementation of the hub’s work programme through a shared services arrangement. A independent expert is tasked with designing the potential work plan, in consultation with the Iwi involved. There are several funders interested in discussing how they may contribute to the hub’s sustainability. It is expected that the implementation of the work plan will begin in late March 2024.

For more information on the other projects that WDC will be initiating as part of the ‘Better off’ funding please follow this link Better off Funding | Whakatāne District Council (whakatane.govt.nz).

6. Kaupapa Tuawhitu: National Landscape

The National, New Zealand First and ACT parties signed the coalition agreement on 24 November 2023 and proceeded to launch into their 100-day plan, most significantly with the repeal of the Natural and Built Environment Act 2023 (NBEA) as well as the signalling of the review of the Treaty of Waitangi Principles.

7.1 The NBEA and Fast-Track Consenting

In regard to the NBEA, Act provided enhanced opportunities for Māori to participate in National and regional decision making, albeit there were unanswered questions concerning how the process to appoint iwi to decision and advisory bodies was to be appropriately undertaken. This matter in terms of regional decision making was in large part left to district and regional councils to resolve. Te Oranga o Te Taiao was still in draft at the point of repeal so there was no opportunity to analyse how this was to be implemented through the decisions of a planning committee. Other concerns related to the relationship between settled iwi (including co-governance entities) and the planning committees despite the long process through the committee stages in the House and the Act’s final reading.

The transition back to the RMA will be largely insignificant albeit further amendments to the Act the Coalition Government will be undertaken as per the 100 day plan. A separate piece of legislation was at the time of writing being prepared for the Fast Track Consenting process, which has adopted some of the provisions under the COVID-19 Recovery (Fast-track Consenting) Act 2020. Ministry for the Environment Officials were not at liberty to discuss some of the finer points of what is going to be presented in the bill, suffice to say that in terms of Māori expectations there may be push back on expanding the referral stage to include other parties than those that have been listed under the 2020 legislation. The wider consenting framework likely to be included in the bill, but it would appear that this process will sit outside the RMA receiving authorisation through an expert panel and final approval be a Joint Ministerial Committee that includes Ministers for Transport, Infrastructure and Economic Development. An Iwi Chairs meeting called by the Ministry for the Environment has been called for the 12 February to discuss what is proposed in the bill.

Note: The Minister for the Environment, Hon Penny Simmonds and The Minister of Climate Change, Hon Simon Watts, sit outside of Cabinet.

7.2 Review of the Principles of the Treaty of Waitangi

The proposal to review the principles of the Treaty has captured the attention of Māori across the country. Hui held at Tūrangawaewae, Ratana Pā and recently at Waitangi has galvanised opinion. It has set in motion proceedings in the High Court, and three claims to the Waitangi Tribunal. In the case of the Waitangi Tribunal claims, these relate to Te Reo usage/broader Treaty rights; the action to disestablish Te Aka Whai Ora/The Māori Health Authority; and changes to the Oranga Tamariki legislation. The Waikato-Tainui High Court action relating to the coalition government’s agreement that will impact on their existing Treaty settlements. Waikato – Tainui seek a declaration to affirm the rights and interests of the as set out in their settlement legislation and to ensure that those settlements are upheld, including other matters held in good faith such as Te Reo Māori policy positions.

The introduction of the bill sets the committee stages in process beginning with the relevant select committee hearing submissions from the public and from Māori. Once the committee finalises its report it will return to the House for its second reading, still in the committee process up to the 3^rd and final reading.

7.3 Other Matters

Government departments prepared briefings for the incoming government in November 2023 and in large part most of the advice given in those documents has been superseded by the 100-day plan (link to the plan can be found here 100-day Plan and is also attached as Appendix 1.

In regard to the NPSFM 2020 a review of the policy is expected to take 18 months, however MfE have indicated that the Hierarchy of Obligations under Te Mana oTe Wai will proceed quickly. The principles of Te Mana o Te Wai will remain, but it is not clear whether other provisions relating to Māori interests will be amended or removed, noting the mandatory status of Mahinga Kai under the National Objectives Framework (NOF).

7. Ngā Pānga ki te Māori

Implications for Māori

This report covers a wide range of kaupapa that interest Council’s relationship with Māori at a 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 dealing with which directly impact on their relationship with Council.

Despite the range of kaupapa in this report the implications for Māori are consistent irrespective of the report item.

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.

Tuhinga Tautoko
Attachments

Attachment 1 - 2023 National Coalition Government 100-Day Plan ⇩



Pūrongo Ki: Report To:	Komiti Māori
Rā Hui: Meeting Date:	27 February 2024
Kaituhi Pūrongo: Report Writer:	Merehine Waiari, Senior Advisor and Herewini Simpson, Kaihautu (Te Amorangi Lead)
Kaiwhakamana Pūrongo: Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Kaupapa: Purpose:	Seeking approval to hold part of the Long Term Plan 2024-2034 hearings on a Marae in May 2024.

Long Term Plan 2024-2034 - Marae Venue for LTP Hearing

Whakarāpopototanga
Executive Summary

Staff are currently in the process of confirming dates and venues for the Long Term Plan 2024-2034 (LTP) hearings that are scheduled to take place for four days on 10^th May and 14-16 May 2024. The hearings provide an opportunity for tangata whenua and the community to present their views on the LTP to Council before the LTP is adopted.

This report is seeking consideration and approval to hold one of the LTP hearing days on a Marae, to enhance Māori participation in the LTP decision-making process.

Under its Terms of Reference, Komiti Māori has the delegated authority to provide direction on effective Māori engagement and on actions to enhance Māori capacity to contribute to Council’s decision-making, including recommendations for Long Term 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 - Marae Venue for LTP Hearing;

2 Supports the use of a Marae as a venue to hold a BOPRC Long Term Plan 2024-2034 Hearing.

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. A key component of the LTP process is community consultation which allows residents to provide feedback through the submission and hearing process on the proposed LTP. Staff are currently in the process of confirming dates and venues for the LTP hearings that are scheduled to take place in May 2024.

At a meeting held on 12 December 2023, Komiti Māori approved the LTP Māori Consultation and Communication Plan to enhance Māori participation in the LTP process. An opportunity identified in the Plan was the development of a user-friendly submission process that meets the needs of tangata whenua and encourages submissions to the LTP.

Under its Terms of Reference, Komiti Māori has the delegated authority to provide direction and guidance on effective engagement for Māori and to facilitate tangata whenua input into community outcomes.

This report is seeking approval from Komiti Māori to hold a LTP hearing on the Marae as a suitable forum that will enhance the hearing process experience and encourage oral submissions from tangata whenua. This recommendation aligns with the targeted LTP Consultation and Communication Plan approved by Komiti Māori and substantially assists with the requirements in the LGA 2002 to provide opportunities for Māori to contribute to decision-making process (section 81(1)(a)).

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.

Key provisions 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); 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).

Council’s current significance and engagement policy further provides that Council is committed to providing relevant information in a suitable format and through suitable forums to inform Māori contribution and improve access to Council’s engagement and decision-making processes. The Marae is a suitable forum for a LTP hearing which would enhance and support Māori contribution during the hearing process.

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

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

The LTP encompasses Council’s responsibilities and planned activities over a 10-year period. Improving opportunities for enhanced participation of Māori in the LTP decision-making process supports the four well-beings with a particular emphasis on strengthening cultural wellbeing.

2. Māori Participation in LTP Hearings

The LTP hearings are currently scheduled to take place in May 2024. As part of the targeted Māori engagement approach for the LTP consultation, staff have been considering ways to improve the hearing process and encourage oral submissions from tangata whenua. Feedback received at the last Komiti Māori hui[1] requested more time be allocated for tangata whenua to adequately speak to their submission points.

Our regional context is dynamic. Partnerships with Māori is a strategic priority that acknowledges Council’s commitment to supporting enhanced Māori participation in Council decision-making.

Holding a LTP hearing on a Marae for Māori submitters would substantially enhance the hearing process experience and encourage oral submissions from tangata whenua. Marae are increasingly being used as hearing venues for issues of significance to tangata whenua as they often result in enhanced participation and discussions with iwi and hapū. Through Komiti Māori, Council has been holding meetings on marae across the region for several years. We continue to receive positive feedback about the value of conducting Council business on marae.

2.1 LTP Marae Hearing

A LTP Marae hearing provides opportunities for Council to enhance Māori participation by:

a) Providing a culturally appropriate forum to promote Māori engagement and participation in the LTP decision-making process;

b) Demonstrating the importance of cultural relationships and the value iwi and hapū afford to Marae;

c) Submitters are not constrained by tight time slots; and

d) Tikanga Māori is promoted and respected.

Council has experience in holding hui on Marae and has senior staff who are able to support and manage the LTP hearing process. Council can draw on the leadership of Māori Councillors who have familiarity and expertise in navigating marae hui.

Staff will ensure that submitters and Councillors are supported appropriately. A suitably qualified translator would be present at the Marae hearing that can either translate on the spot to the audience or alternatively, translate via translation equipment for each Councillor and relevant staff.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Our partnerships with Māori strategic priority demonstrates the commitment we have made to providing opportunities for Māori to contribute to Council decision making. We are continually building on relationships with Māori.

An LTP hearing on the Marae will require adequate time be allocated to incorporate tikanga Māori formalities such as a pōwhiri or whakatau, mihi, karakia and/or waiata.

The choice and availability of Marae will be carefully considered, staff will take advice from the BOPRC Maori Constituent Councillors.

The availability of Maori submitters wishing to be heard could be a limiting factor as many tangata whenua have competing priorities. To mitigate this, staff will provide as much notice as possible to those wishing to present in person.

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. Climate change is likely to be an important topic raised in submissions by Māori to Council’s LTP.

3.3 Ngā Pānga ki te Māori
Implications for Māori

Council has statutory responsibilities to take appropriate account of the principles of the Treaty of Waitangi and involve Māori in decision-making processes. This is supported by Council’s Partnerships with Māori strategic priority and also aligns with Te Ara Poutama, one of the proposed Community Outcomes of the 2024-2034 LTP.

Quality consultation with Māori will help to inform the decisions of Council and achieve mutual outcomes. Holding a LTP hearing on the Marae is an opportunity to enhance Māori participation and encourage oral submissions from tangata whenua in a culturally appropriate forum.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

An LTP Marae hearing aligns with the LTP Māori Consultation and Communication plan approved by Komiti Māori on 12 December 2023.

3.5 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications. Maori Engagement for the LTP fits within allocated team budgets. Specific costs of holding an LTP Hearing on a marae will include catering, marae hirage and engaging the services of professional translators. Translation equipment is cost neutral as BOPRC have the equipment on hand.

4. Ngā Mahi Whai Ake
Next Steps

If Komiti Maori agrees at this meeting to hold a LTP hearing on the Marae, staff will confirm the date and suitable Marae venue for the hearing in consultation with the Chair of Komiti Māori.

[1] Komiti Māori hui held at Tuapiro Marae on 12.12.2023 – open forum feedback from Raewyn Bennett.

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