Komiti Māori Rārangi Take (Agenda)

NOTICE IS GIVEN that the next meeting of Komiti Māori will be held at Ngā Pūmanawa e Waru o Te Arawa Marae, 1128 State Highway 30, Lake Okataina on:

Tuesday 30 April 2024 COMMENCING AT 9:30 AM


Please note:  A pōwhiri will take place at 9:30 am with the meeting to start at approximately 10:30am or soon thereafter.


Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

21 April 2024



Komiti Māori




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


All Councillors


Seven members, consisting of half the number of members

Meeting frequency

Two monthly


To provide direction and guidance on Council’s obligations to Māori in relation to: growth of  authentic partnerships with Tangata Whenua, strategic direction, emerging issues, legal requirements, effective engagement, awareness and understanding.


·                First and foremost to provide leadership to Council on enhancing the kaupapa of shared decision-making with Māori across all aspects of Council’s work.

·                Drive enhancements to Council’s responsiveness to Māori (including monitoring and reporting) and to ensure compliance with its obligations to Maori under legislation.

·                Facilitate tangata whenua input into community outcomes, Council policy development and implementation work;

·                Formally receive iwi/hapū management plans on behalf of Council;

·                Identify and provide direction on any relevant emerging issues for the region relating to the principles of the Te Tiriti o Waitangi, legislative obligations to Māori under different statutes and programmes to build the capability of Māori;

·                Provide direction on effective Māori engagement  and on actions to enhance Māori capacity to contribute to Council’s decision-making, including recommendations for Long Term Plan funding to achieve this;

·                Make submissions on Māori related matters, in conjunction with other relevant Council committees where appropriate;

·                Support and promote co-governance entities;

·                Recommend to Council the establishment of advisory groups or other governance mechanisms, to represent sub-region or constituency areas and/or to consider specific issues;

·                Recommend to Council, and/or appropriate committees, actions to achieve the committee’s purpose and roles.

Power to Act

To make all decisions necessary to achieve the purpose and roles of Komiti Māori.

Power to Recommend

To Council and/or any standing committee as it deems appropriate.

Komiti Māori reports directly to the Regional Council.


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.



We provide excellent governance when, individually and collectively, we:

·        Trust and respect each other

·        Stay strategic and focused

·        Are courageous and challenge the status quo in all we do

·        Listen to our stakeholders and value their input

·        Listen to each other to understand various perspectives

·        Act as a team who can challenge, change and add value

·        Continually evaluate what we do




Komiti Māori                                                                                                                       30 April 2024

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

Rārangi Take

1.       Opening Prayer
Karakia Whakatuwhera

2.       Apologies
Ngā Hōnea

3.       Items not on the Agenda
Ngā Take Tōmuri

4.       Order of Business
Raupapa o Ngā Take

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

6.       Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti

6.1      Komiti Māori Minutes - 27 February 2024                                              2

7.       Presentations

7.1      Te Rohe o Te Rape-Puatatau-a-Rākeiao - Ngāti Rongomai Environmental Management Plan

Presented by: Dr Frances Teinakore-Curtis and Wairangi Whata

7.2      Te Kotahi a Pikiao - Te Tari Taiao o Te Tokotoru o Manawatokotoko / Ngāti Pikiao Iwi Collective Enviro Hub

Presented by: Arapeta Tahana

7.3      Tarawera Awa Aspirations Document

Presented by: Leith Comer, Dr Frances Teinakore-Curtis and Tiipene Marr


7.4      Long Term Plan 2024 – Friend of the Submitter Initiative

Presented by: Huiarau Stewart

8.       Reports
Ngā Pūrongo

8.1      Tiamana o Komiti Māori Ripoata                                                            2

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

10.     Open Forum
Tuwhera ki te Iwi Whānui

A short period of time will be set aside at the conclusion of the meeting to enable tangata whenua and members of the public to raise matters.  Any matters raised and the time allowed for each speaker will be at the discretion of the Chair.

No decisions can be made from matters raised in the Open Forum.

11.     Closing Prayer
Karakia Kati

Komiti Māori Minutes

27 February 2024


Komiti Māori

Ngā Meneti

Open Minutes

Commencing:             Tuesday 27 February 2024, 9:34 AM

Venue:                         Council Chambers, Regional House, 1 Elizabeth Street, Tauranga and via Zoom (Audio Visual meeting)


Chairperson:               Cr Matemoana McDonald

Heamana Tuarua

Deputy Chairperson:  Cr Toi Kai Rākau Iti

Ngā Kopounga

Members:                    Cr Malcolm Campbell

Cr Stuart Crosby

Cr Kat Macmillan

Cr Ken Shirley

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters  

In Attendance:            Bay of Plenty Regional Council Toi Moana (BOPRC): Kataraina O’Brien – General Manager Strategic Engagement (Via Zoom), Namouta Poutasi – General Manager Strategy and Science, Herewini Simpson – Kaihautu (Te Amorangi Lead), Olive McVicker – Corporate Performance Team Lead, Shari Kameta – Committee Advisor; Staff presenters – as listed in the minutes.

Guest speaker: Charlie Tawhiao – Chairman, Ngāi Te Rangi Iwi Trust

Ngā Hōnea

Apologies:                  Chairman Doug Leeder

Cr Jane Nees

Cr Ron Scott

Cr Paula Thompson



The Chair 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 – 27 February 2024 (youtube.com)

1.     Opening Prayer
Karakia Whakatuwhera

A karakia was provided by Mr Charlie Tawhiao.

2.     Apologies
Ngā Hōnea


That the Komiti Māori:

1        Accepts the apologies from Chairman Doug Leeder, Cr Jane Nees, Cr Ron Scott and Cr Paula Thompson for absence tendered at the meeting.



3.     Order of Business
Raupapa o Ngā Take

Agenda item 8.2, Interim Fast-Track Consenting Process was withdrawn from the agenda due to the presenters’ unavailability to present the item.

Agenda item 9.2, Long Term Plan 2024-34 – Marae Venue for LTP Hearing would be received before Agenda item 9.1, Tiamana o Komiti Māori – Ripoata.

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

None declared.

5.     Minutes
Ngā Meneti

Minutes to be Confirmed
Kia Whakaūngia Ngā Meneti


Komiti Māori Minutes - 12 December 2023



That the Komiti Māori:

1        Confirms the Komiti Māori Minutes - 12 December 2023 as a true and correct record.



6.     Presentations


Charlie Tawhiao: Ngāi Te Rangi Iwi Chair: Value of relationships with Toi Moana

Presented by: Charlie Tawhiao – Ngāi Te Rangi Iwi Trust Chairman


Key Points:

·    Discussed the value of relationships which were crucial to help manage through difficult times and BOPRC’s responsibility to respect the customs and culture of the people it represented. Noted that this included the intertwining of whakapapa, whanaungatanga, the environment/universe

·    Explained the context of ‘Pepeha’ within introductions in Māori that was underpinned by the Te Ao Māori worldview of one’s connections to people, place and the natural environment

·    Noted that the diversity of views amongst Māori was a strength and norm, resulting from pre-existing relationships

·    Provided an update on Ngāi Te Rangi’s Treaty Settlement negotiations:

o The Deed of Settlement (December 2013) that comprised the Tauranga Moana framework was an ambitious attempt to work together to ensure the health of the harbour; and contained a complex set of arrangements that required the Iwi to accept other iwi

o Iwi/hapū were about place and having mana whenua/authority over a place was important to them

o Contested other iwi’s interest in Tauranga Moana and noted the distinction between having rights over having an interest

o Had a clear rule of working with the government and councils of the day

o Government’s preference was to complete settlements in full, however noted there had been other examples (e.g. Tainui/Waikato) where this had not been the case. While negotiations were being settled Tauranga Moana Iwi were carrying on regardless

o A proposal would be put to the Minister in the coming month. Considered that 90% of the settlement could be completed without issue and the remaining left aside for the two iwi parties to work through. If the parties could not resolve matters, then only they would be disadvantaged

o Benefits of the interim process of the Tauranga Moana Advisory Group had allowed the partners to get used to working with each other and for the relationships to evolve and develop over time.

In Response to Questions:

·    Encouraged elected members during their term on Council to continue to build/improve their relationships with iwi/community by being more relatable, listening closer to what people were trying to convey and with the understanding that relationships were ongoing and a work in progress.

Key Points - Members:

·    Acknowledged Mr Tawhiao for his kōrero and wisdom and wished him and Ngāi Te Rangi well with settlement negotiations

·    Commended Mr Tawhiao for his dedication to Tauranga Moana iwi and his ability to navigate through the hard issues.


10:28am - The meeting  adjourned.

10:54am - The meeting  reconvened.

10:54am – Cr Ron Scott entered the meeting.

7.     Reports
Ngā Pūrongo

Decisions Required
Ngā Whakatau e Hiahiatia Ana


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

Presentation - Te Mahere Tūroa Draft Long Term Plan 2024-2034 Marae Hearing Venue: Objective ID A4616976   

Presented by:     Herewini Simpson – Kaihautu (Te Amorangi Lead) and Merehine Waiari – Senior Māori Policy Advisor

10:57 am – Cr von Dadelszen entered the meeting.

Key Points:

·    The recommendation to hold a Long Term Plan (LTP) hearing day on a marae supported the four goals under the ‘Te Ara Poutama’ community outcome

·    Noted past plan change and consent hearings held on marae, along with every second Komiti Māori hui, which provided greater participation, more robust conversation and had received positive feedback

·    If approved, staff would secure a suitable date as part of the LTP hearing process and ensure time limits were managed appropriately as part of marae tikanga/meeting protocols.

Key Points - Members:

·    Supported the recommendation noting it would provide more accessibility and a friendly/less intimidating environment for submitters

·    Sought consideration for other LTP hearing locations/days to be held in the community.



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. 





Tiamana o Komiti Māori - Ripoata

Refer Pre-Recorded Video - Patricia Waugh - Komiti Māori Meeting – 27 February 2024 (youtube.com) (time stamped 1:57:48)

Presented by:     Herewini Simpson – Kaihautu (Te Amorangi Lead) and Kataraina O’Brien, General Manager Strategic Engagement (via Zoom)

Key Points:

·    Highlighted from the report:

o Ngāti Hokopū/Te Wharepaia’s Mana Whakahono a Rohe, the Ko Wai Mātou project and Te Au o Te Awa Punga Environmental Hub as examples of how BOPRC was supporting its Māori partnerships strategic priority within existing operations at various levels of the partnership spectrum

o The Summer Experience programme that provided opportunities for university students/graduates to experience and assist BOPRC’s work

·    Summer Assistants Kadin Tuck (Tauranga Moana/Bachelor of Social Sciences Graduate/Sociology Major) and Patricia Waugh (Ngāti Pikiao, third year Bachelor of Laws/Science/Double major Environmental Studies/Māori Resource Management) provided highlights from their time working in the Te Amorangi Team. Noted appreciation/value of a supportive working environment with organisational values, te reo Māori speaking kaimahi/staff, having insights into BOPRC’s work/knowledge sharing/training and opportunity to work with iwi/hapū

·    Due to technical issues an apology for Moewaka Dunster was noted.

11:25 am – Cr Thompson entered the meeting.

Key Points - Members:

·    Acknowledged the Summer Assistants for their contributions/insights and wished them well for the future

·    Supported Summer Assistant secondments within iwi/hapū/rūnanga as a way of building capacity/resource and insights into challenges from a Te Ao Māori/iwi/hapū perspective

·    Te Wahapū o Waihī Collective provided secondment/environmental internships that had worked really well. Noted the value of internships to build capability whilst taking account of fiscal stewardship

·    Acknowledged the calibre of the next generation of students that were coming through.

Key Points - Staff:

·    Staff were exploring the possibility of an internal resource hub that would provide secondment opportunities.



That the Komiti Māori:

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




8.     Closing Prayer
Karakia Kati

A karakia was provided by Cr White.

11:41 am – the meeting closed.




                                                                                                                     Cr Matemoana McDonald

Chairperson, Komiti Māori






Report To:

Komiti Māori

Meeting Date:

30 April 2024

Report Authoriser:

Kataraina O’Brien, General Manager Strategic Engagement



Tiamana o Komiti Māori Ripoata


Executive Summary

This report provides an update on various matters within Komiti Māori focus areas:

1.   Host Marae Introduction - Ngā Pūmanawa e Waru o Te Arawa (Ruato) Marae.

2.   Presentations

3.   Long Term Plan 2024-2034 – Māori Engagement update

4.   Rotorua Geothermal System Management Plan update

5.   Māori Partnerships update

6.   Treaty of Waitangi Claims and Waitangi Tribunal updates

7.   Freshwater (NPS-FM) Programme update

8.   Iwi Policy Hub (Whakatāne District Council and Iwi)

9.   Mana Whakahono a Rohe updates

10. Funding Support/Toi Moana Environmental Scholarships

11. National Landscape updates



That the Komiti Māori:

1        Receives the report, Tiamana o Komiti Māori Ripoata.


1.        Kaupapa Tuatahi: Kupu Whakataki

Ngā Pūmanawa e Waru o Te Arawa (Ruato) Marae

Ngā Pūmanawa e Waru o Te Arawa Whare Tūpuna was opened in 1941 by Kīngi Korokī of Tainui Waka. The house was erected under the guidance of Hori Taia. The naming of this wharenui was generated by the eight children of Rangitihi who are collectively known as the ‘Eight Beating Hearts of Te Arawa’, hence ‘Ngā Pūmanawa e Waru o Te Arawa. The Wharekai (Dining Hall) is named Te Awa i Takapuwhaia.

2.        Kaupapa Tuarua: Hau Kainga Presentations

2.1      Te Rohe o Te Rape-Puatatau-a-Rākeiao – Ngāti Rongomai Environmental Management Plan

Dr. Frances Teinakore-Curtis and Wairangi Whata – Ngāti Rongomai

At the Komiti Māori hui held in December 2023, the Ngāti Rongomai (draft) Environmental Plan was received noting that the final document would be formally presented to Komiti Māori members at the 30 April hui.

Dr Frances Teinakore-Curtis, Chair of Ngāti Rongomai Iwi Trust and Wairangi Whata, a resource management specialist, member of Ngāti Rongomai and author of the environmental plan will present the Ngāti Rongomai Plan.


The Plan articulates goals and aspirations and serves as a statement of Ngāti Rongomai values, environmental objectives and policies and is a tool to give effect to kaitiakitanga.

The Plan reflects its primary purpose which is to provide a living, working document that can assist Ngāti Rongomai to effectively participate in environmental policy and planning.  It will:

·       Acknowledge and recognise the mana whenua, mana moana and mana marae of Ngāti Rongomai;

·       Determine the nature and extent of consultation that may be required with regards to particular activities;

·       Provide local, regional and other government authorities with information for resource management and planning purposes;

·       Give consideration to general policy statements and specific issues or areas of importance to Ngāti Rongomai;

·       Provide detailed statements of issues, desired outcomes, objectives and policies;

·       Promote and encourage effective communications between our iwi and local, regional and other government or non-government agencies who have an interest in our area;

·       Provide a template for the sustainable development of the Ngāti Rongomai natural resources; and

·       Provide a resource document for resource consent applicants who are required to consult with us as part of lodging consent applications.

2.2      Te Kotahi a Pikiao – Te Tari Taiao o Te Tokotoru o Manawatokotoko

Arapeta Tahana - Ngāti Pikiao, Ngāti Mākino, Tapuika 

Arapeta was raised on the shores of Lake Rotoiti at Tawhakarere Bay amongst his Ngāti Pikiao whānau.  He has a background in iwi development, strategy development, collaborative initiatives, and iwi/government partnerships.  He served as a Toi Moana councillor from 2013-2019, is a current trustee of the Te Arawa Lakes Trust and a Trustee and Director of several Ngāti Pikiao affiliated land trusts and subsidiaries.

Arapeta will present on “Te Tari Taiao o Te Tokotoru o Manawatokotoko” a collective initiative by Ngāti Pikiao, Ngāti Rongomai and Ngāti Mākino to establish a Taiao hub, and work collaboratively alongside other partners in the management of the Taiao and other natural resources within their rohe. Separately Ngāti Pikiao have initiated a Mana Whakahono agreement which Arapeta may also cover.

2.3      Tarawera Awa Aspirations Document

Leith Comer (Ngāti Rangitihi, Ngai Tahu, Ngāti Pahuwera,
Te Arawa), Tiipene Marr (Te Arawa, Te Ati Awa) and Dr Frances Teinakore-Curtis (Ngāti Rongomai)

Leith is a former chief executive of Te Puni Kokiri and previously a Deputy Secretary of the Ministry of Economic Development, with leadership experience in the military, private and community sectors. He is the Chairman of Te Mana o Ngāti Rangitihi Trust and the Tarawera Awa Restoration Strategy Group (Strategy Group) that was established under the Ngāti Rangitihi Claims Settlement Act 2022, of which Bay of Plenty Regional Council is a partner member.

Tiipene Marr is a long-time environmental advocate with a passion for kaitiakitanga and manaakitanga of our lakes, mountains, rivers, lands and coastlines. He is a former Māori councillor of Bay of Plenty Regional Council and is Ngāti Rangitihi’s alternate member on the Tarawera Awa Restoration Strategy Group. Tiipene’s aspirations for Ngāti Rangitihi include improving the taiao (environmental footprint on the whenua) and growing the use of Te Reo Māori.


Leith, Tiipene and Dr Frances Teinakore-Curtis, Te Mana o Ngāti Rangitihi Environmental Manager and Strategy Group Project Manager, will present on the Tarawera Awa Aspirations Document, which has been produced to help inform the development of a strategy document for restoring the mauri of the Tarawera Awa and catchment.

2.4      Long Term Plan 2024 – Friend of the Submitter Initiative

Huiarau Stewart – Ngāti Awa, Ngāti Tuwharetoa

Huiarau Stewart has an extensive background in iwi, private and public sectors, with specific expertise in strategic policy, economic development, and the integration of Te Ao Māori perspectives.

As part of a new initiative to support tangata whenua and community participation in the Long Term Plan consultation process, Huiarau was engaged as an independent resource, to assist hapū/iwi with framing their submissions.


Huiarau will speak at this meeting, providing insights on the Friend of Submitter approach (See also section 3.2 below).

3.        Kaupapa Tuatoru: Long Term Plan - Māori Engagement

Toi Moana is currently developing the 2024-2034 Long Term Plan (LTP), which sets the strategic direction for the next ten years. A key component of the LTP process is community consultation, which enables tangata whenua and the community to provide feedback on the work Toi Moana plans to deliver and how this work will be funded.

Consultation on the draft LTP closed on Tuesday 9 April 2024 and at the time of the writing this report, a total of 386 submissions had been received. 56 of the submitters identified as Māori and an additional 23 submissions were from iwi/hapū/Marae and Māori land trusts. Of those 79 submissions, 45 submitters have requested to be heard at the LTP hearings.  

3.1      Tangata whenua engagement

The LTP Māori Consultation and Communications Plan was approved by Komiti Māori in December 2023 to encourage Māori participation and provide opportunities for Māori to contribute in the LTP decision-making process.  During the four-week consultation period, the Māori Councillors led the tangata whenua engagement with the support of staff using a tailored and targeted engagement approach. The LTP engagement involved:

·       22 one-on-one hui with Post Governance Settlement entities, iwi, hapū and Māori land trusts.

·       3 online hui for tangata whenua in the Mauao, Kōhī and Ōkurei constituencies.

·       Presentation to 5 Co-governance forums and 2 tangata whenua forums.

·       Promotion of the LTP consultation on Tumeke FM, Moana Radio and
Te Arawa FM.

Tangata whenua appreciated the opportunity to engage directly with the Māori Councillors, who lead the conversations/hui.  We received positive feedback on this targeted approach, participants used the opportunity to strengthen relationships and discuss key issues for respective hapū/iwi.  This approach yielded an increase in the number of submissions from Māori.

3.1.1    LTP Friend of the Submitter Initiative

              Recognising that participating in Council processes can be daunting for our communities, staff trialled a Friend of the Submitter approach, providing an independent service. Huiarau Stewart and Cathy Stephenson supported 17 written submissions to the LTP and responded to a number of general queries on how to make a submission to the LTP.

Providing an independent resource supported submitters in articulating their views clearly in written submissions.  This was particularly the case where capacity issues would otherwise prevent people from making a submission. Many submitters utilised this service in the final weeks of the consultation period, reflecting the challenges for tangata whenua to engage with and review the draft LTP, then write their submission in a limited timeframe. This was re-iterated in tangata whenua engagement.

3.1.2    Next Steps

Staff are now focused on preparing information for Council ahead of the LTP Hearings scheduled on 10, 14-16 May.  This includes the use of a Marae venue for a LTP hearing which was approved by Komiti Māori in February 2024. There was a positive response from tangata whenua during consultation to present their submissions at the Marae hearing and staff are confirming arrangements for the hearing scheduled for Friday 10 May at Huria Marae in Tauranga.  The processing of submissions by tangata whenua for deliberations will also be supported by
Te Amorangi staff following the LTP hearings.  Council will then adopt the final LTP in June 2024.

4.        Kaupapa Tuawha: Rotorua Geothermal System Management Plan

Toi Moana Bay of Plenty Regional Council adopted Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan at the Strategy and Policy Committee meeting on 9 April 2024.  

The System Management Plan (SMP) is a care plan that will guide the overall management of the Rotorua Geothermal System, Ngā Wai Ariki o Rotorua. It was developed over a five-year period, during which time many hui, workshops and community meetings were held. It was during this time that Te Ahi Kā Roa Rōpū was established, a hau kāinga working group with representatives from Ngāpuna, Whakarewarewa, Ōhinemutu and Tarewa/Kuirau that have worked beside Regional Council on the development of the System Management Plan.

The final stage of development of the SMP involved a three-month public submission period and hearings. Decisions on submissions were made by a Hearing Panel consisting of three hau kainga representatives, three Toi Moana Bay of Plenty Regional Councillors and facilitated by independent Hearings Commissioner.

Following the adoption of the System Management Plan, Regional Council is now focused on its implementation. It will also be used to guide and inform changes to the Regional Natural Resources Plan (RNRP) and the Rotorua Geothermal Regional Plan (RGRP) later this year.

5.        Kaupapa Tuarima: Māori Partnerships Update

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

This will be the final update for the Partnerships with Māori programme. However, this programme has been incorporated into the new Te Ara Poutama outcome and we will continue our commitment to report to Komiti Māori biannually.

Key highlights this period:

·       The Independent Secretariat providing extended initial support to the Chairs of the Tarawera Awa Restoration Strategy Group and Rangitāiki River Forum.

·       Iwi and Hapū management plans  In this last reporting period, we have received the completed Ngāti Rongomai IMP and entered into formal funding agreements with a further four iwi and hapū.

·       Staff are currently developing a tailored training framework for tangata whenua covering all aspects of the development of an Iwi and Hapū Management Plan.  A pilot is currently underway and will inform the final framework and delivery in the second half of this year.

·       The People and Capability team are implementing initiatives to build staff confidence in working with Māori including:

6.        Kaupapa Tuaono: Treaty of Waitangi Updates

6.1      Te Whānau a Apanui (East Coast)                                                          

Te Whānau a Apanui and the Crown initialled a Deed of Settlement (DoS) on
26 September 2024, with the ratification (endorsement) process with iwi members ongoing since that time. Subject to the final vote the DoS is expected to be signed on the 14th June 2024, with the legislation giving effect to the Settlement being introduced shortly thereafter. 

The Settlement will implement Te Ao Tūroa framework, an extensive iwi-led set of arrangements for managing natural resources across the Te Whānau a Apanui rohe. The framework involves the Bay of Plenty Regional Council, Ōpōtiki District Council and Gisborne District Council.

The key elements of the framework are:

·      Local Authority Agreement – to strengthen relationships between Te Whānau a Apanui and local authorities and facilitate effective implementation of the framework;

·      Statement of Te Whānau a Apanui values – to aid interpretation of the framework by decision makers;

·      Te Whānau a Apanui rohe document – to express Te Whānau a Apanui views on respecting the mana of the natural world. The Bay of Plenty regional policy statement, as it applies to Te Whānau a Apanui rohe, must be consistent with this document; and

·       Freshwater management group – to prepare a freshwater management plan which will set objectives, flows, and limits for six freshwater catchments and play a leading role in freshwater management across the rohe.

On 18-19th April 2024, Councillors and staff met with Te Whānau a Apanui representatives in their rohe.  This was an excellent relationship meeting where
Te Whānau a Apanui shared their future aspirations and hosted a field trip.

6.2      Te Whakatōhea (Ōpōtiki)

The Te Whakatōhea Deed of Settlement was signed in 2022. The Whakatōhea Claims Settlement Bill was introduced into Parliament on 13 June 2023. The Bill seeks to give effect to the Deed of Settlement of the six hapū of Whakatōhea whose area of interest covers approximately 200,000 hectares in the eastern Bay of Plenty.

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

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

The Settlement legislation is expected to pass its final reading in late June 2024 and take effect from that time. Council planning and preparations are currently underway to meet our functions under that legislation.

6.3      Ngāi Tai (Tōrere)

Ngāi Tai and the Crown formally commenced settlement negotiations in September 2023. Ngāi Tai are one of the few remaining Bay of Plenty iwi to commence negotiations to settle their historic Treaty claims. Consistent with other recent settlements, we anticipate the likelihood of BOPRC being invited to comment on any potential mechanisms that interface with our local government functions, as these take form.

6.4      Waitangi Tribunal Geothermal Inquiry (Phase 3 Freshwater)

Stage three of the inquiry will focus on Māori rights and interests in geothermal resources and Crown policies and practices in respect of those resources. This stage is currently in the interlocutory (pre-hearing) phase.  The main issues for the stage three inquiry focusses on the questions regarding Māori rights and interests in geothermal resources, the constancy of current law in respect of the principles of the Treaty of Waitangi and recommendations for the reform of the current law.[1]

7.        Kaupapa Tuawhetu: Freshwater Update

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).

Due to the changing legislative landscape, on 20 February 2024 at the Strategy and Policy Committee hui, Council made the decision to move the notification date for the proposed Regional Policy Statement (RPS) Change 7 (Freshwater) and RNRP Change 19 (Freshwater) from 31 December 2024 to September 2025. Toi Moana staff have worked on a revised timetable toward this date and included additional Councillor workshops.

Council will revisit the approach to four policy options over the next four months. These include:

·      Reconsider policy approach options relating to protection of rivers and wetlands.

·      Reconsider policy approach options relating to vision, outcomes, and targets.

·      Reconsider policy approach options relating to water quality rules affecting farming.

·      Reconsider policy approach options relating to Te Mana o te Wai, involving tangata whenua, and recognising mātauranga Māori.

It is also anticipated that Council will consider approval of a targeted release of the draft RPS and RNRP at the Council meeting in October with the release of the draft plans to key stakeholders in November/December 2024.

Tangata Whenua targeted discussions have continued. This approach was endorsed by Komiti Māori in October 2023. Aside from freshwater specific projects and interests of tangata whenua, our discussions have centred on keeping iwi and hapū abreast of the timeline to notification. It is important to ensure iwi authorities are aware of and are prepared for November/December 2024 when the draft RPS and RNRP are likely to be released for feedback. Schedule 1 of the RMA requires that Council provides a copy to iwi authorities and allow adequate time and opportunity to consider the draft and provide advice on it.

Toi Moana continues to maintain an open invite for iwi, hapū and tangata whenua to engage with us on freshwater when they are ready to do so.  Please ring on 0800 884 880 or email maoripolicy2@boprc.govt.nz.

8.        Kaupapa Tuawaru: Te Au o Te Awa Punga: Iwi Policy Hub

Te Au o Te Awa Punga (the hub) was established in November 2023 with the support of Better Off Funding from the Department of Internal Affairs.  Whakatāne District Council hold the funds on behalf of the participating iwi: Ngāti Awa, Ngāti Manawa, Ngāti Whare and Ngāti Rangitihi.  The funds are to be explicitly used for Climate Change and Spatial Planning projects.

At the last meeting in March, the iwi governance group decided to advance an iwi spatial plan that would incorporate aspirations for food sovereignty, tourism, housing & infrastructure, freshwater, and land use all of which would be informed by mātauranga. The plan would identify the iwi connections to the land, sea and freshwater bodies including designing value layers and site-specific information. As part of the discussions the governance group also considered future proofing or forward planning beyond the support from the Better Off Funding that would include preparing Cultural Impact Assessments and participating in Council plan changes.  A business plan will be prepared that will capture these and other activities the hub could eventually be involved with.  This would initially require funds from other sources that would support the hub moving towards a level of independence.

Contact has been made with the spatial planning teams in both Councils (WDC and Toi Moana) to provide advice and support in addition to the hub procuring external services in planning and Geo-spatial work.  Both positions also require experience in Te Ao Māori and developing relationships with iwi and hapū.  The next meeting of iwi governance group is planned for May where further implementation actions with be discussed.

Toi Moana is providing technical support to the Hub and have entered into a service agreement with WDC as part of this arrangement.

9.        Kaupapa Tuaiwi: Mana Whakahono

9.1      Ngāti Hokopū & Te Wharepaia

In November 2023 Ngāti Hokopū and Te Wharepaia initiated a Mana Whakahono ā Rohe (MWaR) under the now, repealed Natural and Built Environment Act 2023. The hapū qualified prior to the Act’s repeal to initiate the process as if they were an iwi. Under the savings clause of the repeal Act, the hapū were able to continue to progress the MWaR as if they were an iwi but must now follow the relevant provisions of the Resource Management Act 1991 beginning at section 58Q.

On 4 March 2023 the initial hui with the relevant parties was held. Through discussion, parties agreed that the following actions would be undertaken:

1.   Prepare a draft term of reference

2.   Undertake a stock take of current and past Whakatāne District Council (WDC) and Toi Moana Bay of Plenty Regional Council (Toi Moana) activities affecting/concerning the hapū. 

The draft terms of reference were completed and formed the foundation for discussions at a subsequent hui held on 9 April 2024. 

The second action is in progress and will require some additional time to gather information.  Officers can provide a verbal update on the outcome of the 9 April hui to Komiti Māori if required.  The draft terms of reference will be available to Council once the contents of the document have been confirmed by the representatives from each of the relevant parties.

9.2      Ngāti Pikiao

              In May 2023 Ngāti Pikiao initiated a Mana Whakahono with Toi Moana. The Ngāti Pikiao rohe encompasses Rotoiti, Rotoehu and Rotomā with connections to Kaituna, Pongakawa and Tarawera rivers, and other lands at Maketū.

              Key aspirations / objectives identified by Ngāti Pikiao for development through the Mana Whakahono agreement, include:

·      “Strengthen the presence”, voice and influence of the Ngati Pikiao perspective in the regional environmental management space (particularly on matters within our area of interest).

·      Build Ngati Pikiao capability and capacity to actively contribute to environmental management and restoration in both the governance and operational spheres.

·      Ensure the strategic issues and opportunities for Ngati Pikiao are considered and incorporated into environmental management and regulation within our rohe.

·      Build a platform for a strategic and enduring relationship with Toi Moana, with our environment at the centre of the relationship.

·      Ensure Ngāti Pikiao unique position/attributes and needs are recognised and catered for in environmental planning and management (scale of land ownership, population, environmental issues, cultural significance and matauranga, ability to facilitate catchment wide approaches and relationship networks within our rohe).

·      Strengthen the use of matauranga in environmental management activities within our rohe of interest.

·      Update the Environmental Management Plan (created in 1997) to reflect the significant changes in context since we became active in the RMA space. More importantly, this update intends to shift our EMP from a static reference document for Council to a dynamic and strategic roadmap guiding our environmental efforts.

              The development of the agreement remains ongoing with Ngati Pikiao currently balancing several competing priorities that intersect with this kaupapa (note above presentation on Taiao Hub concept).

              Toi Moana provides a small contribution to support iwi in the development of these agreements and in the present example have also provided support in kind through part-allocation of a student’s time over the summer period.

10.      Kaupapa Tekau: Funding Support

10.1.   Te Hapai Ora - Regional Community Outcomes Fund

              Te Hapai Ora - Regional Community Outcomes Fund supports community driven initiatives throughout the region by providing financial assistance to individuals or groups organising events or projects that align with one or more of Toi Moana Bay of Plenty Regional Council’s Community Outcomes. Annually, a sum of $30,000 is allocated on a first-come, first-served basis with the maximum amount funded per event being $2,000. The fund has consistently been fully allocated each year to community groups.

              The fund is currently on track, and we anticipate utilising all available funds before the end of the 2023/2024 financial year.

10.2.   He Toka Tu Moana Environmental Scholarships

The Scholarship is available for students who are undertaking study or research on topics that that align to the functions of the Bay of Plenty Regional Council.  The 2024 in take is presently open and will close on 28 April 2024.

Last year we received 13 applications and awarded eight scholarships. The recipients’ academic backgrounds encompass a range of disciplines, all of which are interconnected with the environment. Importantly, all candidates demonstrated a strong connection to the Bay of Plenty. The successful He Toka Tu Moana Scholarship recipients for 2023 were:

·       Daniel Roper:  NZ Diploma in Environmental Management Marine Strand currently in his second year.

·       Hikawai Te Nahu:  Bachelor of Arts and Science Conjoint with a Major in Environmental Science and Māori Studies at University of Auckland.

·       Jessica Mules: Bachelor of Environmental Studies at Te Whare Wānanga o Awanuiārangi.

·       Akira Huriwai: Master of Indigenous Studies focused on Maori Resource Management at the University of Victoria.

·       Te Maiora Ruruhe:  Master of Laws at PACE University USA - LLM in Environmental Law - Research focus on the legal personality of Te Urewera Forest and Whanganui River.

·       Liam Benfell: Master of Laws - research combines Māori and legal perspectives to enhance environmental knowledge.

·      Stevee Wickliffe: Doctorate of Philosophy in Health and Environmental Sciences. Research proposal focuses on the impact of bath soaps on taiao (environment) in Ngawha baths and potential comparative analysis with Onsen baths in Japan and Greenland.

·      Siobhan Nuri:  Doctorate of Philosophy in Ecology and Biodiversity, her thesis involves analysing glass eels' catch per unit effort and condition indices, studying otolith microstructures and microchemistry for age and growth rates, and reconstructing migration pathways.

11.      Kaupapa Tekau ma Tahi: National Landscape

Included below is a snapshot of national level kaupapa that have relevance to or may have implications for our regional Māori landscape.

11.1    Fast-Track Approvals Bill Update

On 7 March 2024 the Fast-Track Approvals Bill (“the Bill”) went through its first reading under urgency and was referred to the Environment Select Committee. Submissions on the Bill closed on 19 April 2024.

The purpose of the Bill is to provide a streamlined decision-making process to facilitate the delivery of infrastructure and development projects with significant regional or national benefits.

Toi Moana has made a submission on the Bill, encompassing the following key submission points:

·      The Bill needs to give full weight to environmental considerations.

·      The Minister for the Environment needs to be involved in decisions.

·      No projects should be included on a pre-approved list without going through a transparent process.

·      Eligibility criteria for referral need to be tighter and more specific.

·      The referral decision should be informed by comprehensive information.

·      Decision-making should be required to be consistent with the principles of the Treaty.

·      Obligations under Treaty Settlement legislation should not be overridden.

·      A more inclusive approach to Māori groups at all stages of the process is required.

·      Māori landowners should be able to utilise the Fast-track Approvals process.

·      The role of local authorities and local planning documents should be elevated.

·      Timeframes need to be reasonable and allow for full and proper consideration.

·      Sufficient opportunity needs to be provided for review and input into consent conditions.

·      Decisions should be made by independent expert panels with technical expertise.

·      Cost recovery is a positive step but should be broader.

11.2    Māori Wards legislation (binding poll provision) 

The Government has confirmed the introduction of amendment to the Local Electoral Act to require councils to hold binding polls on Māori ward decisions. This will have retrospective effect and require councils to holding binding polls on wards that were established under earlier legislation. 

Toi Moana will not be affected by this change as our Māori constituencies (wards) were established under a separate local Act (Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001) and not the Local Electoral Act.

At Toi Moana we are proud to have helped pave a way for strengthened Māori representation in local government in Aotearoa. We were the first local government organisation to introduce Māori constituencies in 2004 and this year marks 20 years since the wards were implemented for the Bay of Plenty Region.

The provision of Māori seats enables Māori perspectives and cultural values to be fairly represented and understood at the decision-making table, which benefits the entire community.

As a veteran of Maori constituencies and a recognised industry leader in iwi/council relationships, Toi Moana will be submitting on this legislative amendment.

11.3    Iwi Investment Report 2023

An independent report on the financial investment performances of ten iwi, was recently released, providing useful insights as to the experiences of those iwi, and key challenges in the current economic environment. Two iwi from within our region (Ngāti Awa and Tūhoe) were among those the report canvassed.[2]

The report examines the corporate structures, investment strategies, and performances of ten iwi collectively holding assets worth around $8.1 billion. The iwi include: Ngāi Tahu, Ngāpuhi, Ngāti Awa, Ngāti Pāhauwera, Ngāti Porou, Ngāti Toa, Ngāti Whātua Ōrākei, Raukawa, Tūhoe, and Waikato-Tainui, representing approximately 69% of all post-settlement iwi assets, estimated at $11.8 billion in total.

11.4    National Iwi Chairs Forum in Tauranga

Tauranga is set to host the next National Iwi Chair’s Forum from 1-3 May 2024.  The hui will bring together iwi leaders from all over Aotearoa to discuss a range of topics including environmental and climate, economic development, health, Te Tiriti and the preservation of te reo and tīkanga Māori. The forum is a platform to share knowledge and strategies and forge stronger ties amongst all iwi attending. 

The Forum date aligns closely with the 160-year commemoration of the Battle of Pukehinahina (Gate Pā), a pivotal event in New Zealand’s history.

12.      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 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 Mātauranga 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 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.




[1]   https://www.waitangitribunal.govt.nz/inquiries/kaupapa-inquiries/national-fresh-water-and-geothermal-resources-inquiry/


[2] Iwi Investment Report 2023