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AGENDA PAPERS 23 November 2018

Te Whare o Te Waipounamu

Te Rūnanga o Ngāi Tahu - 23 November 2018 - Cover

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TE RŪNANGA O NGĀI TAHU AND NGĀI TAHU CHARITABLE TRUST MEETING

AT TE WHARE O TE WAIPOUNAMU

COMMENCING AT 9:00AM

Te Rūnanga o Ngāi Tahu - Agenda

Friday, 23 November 2018

FRIDAY 23 NOVEMBER 2018

AGENDA TAB NO. TIME

BOARD ONLY TIME - 9:00am

RĀRANGI TAKE (GENERAL AGENDA) 9:30am

Present and Apologies -

Ngā Mate 1.

Rationale for In Committee 2.

Interests Register 3.

RAUTAKI (STRATEGY) 9:40am

Strategy Session: Investment Policy Framework -

Paramanawa 10:30am

TE AROTAKENGA ME TE WHAKAPAKARI (FORM & FUNCTION) 10:50am

DEC: Agenda Reform - placemat 4.

DEC: Form and Function Review Final Report 5.

TE WHATITATA ME TE TAUTUKUNGA (RISK & COMPLIANCE) 11:30am

DEC: Health and Safety Report – Quarter 1 FY19 6.

DEC: Charter Amendment for “Head Office” Address 7.

DEC: Policy Review - Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere

8.

DEC: Te Rūnanga Group Compliance Policy Review 9.

HE PEPA WHAKATAUNGA (DECISION PAPERS) 12:30pm

DEC: Payment to Alternate 10.

DEC: Freshwater Strategy 11.

Ko te wā tina 1:00pm

IN COMMITTEE 1:45pm

HE PEPA WHAKATAUNGA (DECISION PAPERS)

DEC: Monitor’s Report - NTHC Annual Report 12.

DEC: NTHC Annual Report 12.1

DEC: Monitor’s Report - NTHC – Q1 Report 13.

DEC: NTHC Q1 Report 13.1

DEC: Monitor’s Report- NTHC – Project Whakatipu 14.

INF: NTHC Management – Project Whakatipu 14.1

INF: NT Property Business Case – Project Whakatipu 14.2

DEC: Relativity Mechanism 15.

Te Rūnanga o Ngāi Tahu - 23 November 2018 - Agenda

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TE RŪNANGA O NGĀI TAHU AND NGĀI TAHU CHARITABLE TRUST MEETING

AT TE WHARE O TE WAIPOUNAMU

COMMENCING AT 9:00AM

Te Rūnanga o Ngāi Tahu - Agenda

Friday, 23 November 2018

HE PŪRONGO Ā-WAHA (VERBAL REPORTS) 2:45pm

VERBAL: Te Here Report -

VERBAL: Te Apārangi Report -

WHAKATŪTURUTANGA O NGĀ MINITI (CONFIRMATION OF MINUTES)

– IN COMMITTEE

3:35pm

Minutes of 15 September 2018 16.

Action Points / Matters Arising 17.

Move out of In Committee 3:40pm

WHAKATŪTURUTANGA O NGĀ MINITI (CONFIRMATION OF MINUTES) – GENERAL

3:40pm

Minutes of 15 September 2018 18.

Action Points / Matters Arising 19.

HE TAKE NOA (GENERAL BUSINESS) 3:45pm

CEO Report 20.

Release of In Committee papers -

ANNUAL GENERAL MEETING (AGM) – separate papers 4:00pm

Te Rūnanga o Ngāi Tahu – AGM -

Ngāi Tahu Charitable Trust – AGM -

HE PEPA WHAKAMĀRAMA (GENERAL INFORMATION PAPERS – TAKEN AS READ) PAPERS CAN BE FOUND IN THE RESOURCE CENTRE ON DILIGENT

Kaiwhakahaere Quarterly Report 21.

TRARC Update 22.

Common Seals 23.

Elections Update 24.

Office Annual Report (including monitor’s report) 25.

Office Quarterly (including monitor’s report) 26.

Whai Rawa Quarterly (including monitor’s report) 27.

Hui Schedule 28.

Te Whakaue Alternate Expectations and CEO Role Review Update 29.

Te Whakaue Quarterly Report 30.

Te Whakaue Annual Report FY17/18 31.

Hui-A-Tau 2018 32.

HE PEPA WHAKAMĀRAMA (IC INFORMATION PAPERS – TAKEN AS READ)

External Issues Update 33.

Te Rūnanga o Ngāi Tahu - 23 November 2018 - Agenda

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BOARD ONLY TIME

Te Rūnanga o Ngāi Tahu - 23 November 2018 - BOARD ONLY TIME

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RĀRANGI TAKE

(GENERAL AGENDA)

Te Rūnanga o Ngāi Tahu - 23 November 2018 - RĀRANGI TAKE (GENERAL AGENDA)

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TE RŪNANGA O NGĀI TAHU MEETING

October/November 2018

N G Ā M A T E

Te Rūnanga o Ngāi Tahu | Ngā Mate Register

TE TANG ATA RŪ N AN G A

Edmund Frederick (Michael) Crofts

Puketeraki, Ōnuku, Ōraka Aparima, Ngāti Wheke, Ngāi Tūāhuriri, Kaikōura, Koukourarata, Moeraki, Ngāti Waewae, Ōtakou, Waihao, Taumutu,

Noel Desmond Bateman Awarua, Puketeraki, Oraka Aparima, Waihopai

Mary Denise Harvey Awarua, Puketeraki

Shirley Margaret Congdon Kaikoura

Marlene Marina O’Connor Awarua, Waihopai

Pamela Ngaire Needham Ngāi Tūāhuriri, Waihao

Neville Roy Armstrong Waihopai

Edward Richard Johnston Puketeraki, Ngāi Tūāhuriri, Moeraki, Waihao, Taumutu

Esmae Penuel Turvey Oraka Aparima, Waihopai

Maxine Rae Allan Ōnuku, Ngāi Tūāhuriri, Arowhenua, Taumutu, Wairewa

Donna Gayle Taylor Ōnuku, Arowhenua, Kaikōura, Wairewa

Raymond Kenneth Te Maari Ngāi Tūāhuriri, Arowhenua, Wairewa

Cavan O’Connell

1Te Rūnanga o Ngāi Tahu - 23 November 2018 - Ngā Mate

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RATIONALE FOR IN COMMITTEE STATUS

Te Rūnanga o Ngāi Tahu 23 November 2018

The following table provides a brief explanation as to the reason(s) for the items to be discussed in a closed forum, and identifies whether, and if so when, the topic will be considered in open meeting(s):

IN COMMITTEE – 23 NOVEMBER 2018

Topic Reason(s) For In Committee Status Future Intentions

Monitor’s Report - NTHC Annual Report

Paper contains commercially sensitive information

Outcomes of decisions and discussions are released as is appropriate

NTHC Annual Report Paper contains commercially sensitive information


Monitor’s Report - NTHC – Q1 Report



NTHC Q1 report Paper contains commercially sensitive information


Monitor’s Report – NTHC – Project Whakatipu



NTHC Management – Project Whakatipu



NT Property Business Case – Project Whakatipu



Relativity Mechanism Paper contains commercially sensitive information


Te Apārangi and Te Here – verbal reports

To allow free and frank discussion Outcomes of decisions and discussions are released as is appropriate

Confirmation of In Committee Minutes/Action Points / Matters Arising

To allow free and frank discussion Outcomes of decisions and discussions are released as is appropriate

External Issues Paper contains commercially sensitive information


2Te Rūnanga o Ngāi Tahu - 23 November 2018 - Rationale for In Committee

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TE RŪNANGA REPRESENTATIVES’ INTERESTS REGISTER – 2018

3.0 - TRONT Interests Register - MASTER updates in red Updated following 15 September 2018 hui Page 1 of 6

For general disclosures of interest of Te Rūnanga Representatives and Te Rūnanga Alternate Representatives

Rep / Alts Name Date of Notification / Appointment

Position General Disclosure of Interest

Lisa Tumahai Te Rūnanga o Ngāti Waewae

3 Apr 2008 Director Arahura Holding Limited

Shareholder Māwhera Incorporation 2015 Trustee Poutini Waiora Trust

12 Dec 2016 Chair Te Apārangi Komiti 16 Apr 2011 Member Te Here Komiti 12 Dec 2016 Kaiwhakahaere Te Rūnanga o Ngāi Tahu (member since 2001)

2001 Executive Te Rūnanga o Ngāti Waewae 2011 Board Member University of Canterbury - Ngāi Tahu Research Centre 2012 Board Member University of Canterbury - Vice Chancellor Maori Advisory Board 2016 Trustee West Coast Primary Health Organisation

6 Dec 2016 Director / Shareholder FLCD Limited 18 Jan 2018 Director He Toki GP Limited

2 March 2018 Director Ngāi Tahu Fisheries Settlement Limited April 2018 Deputy Chair Interim Climate Change Committee

22 June 2018 Director Ngāi Tahu Fisheries Investments Limited 22 June 2018 Director Ngāi Tahu Lobster Quota Limited 22 June 2018 Director Ngāi Tahu Migratory Quota Limited 22 June 2018 Director Ngāi Tahu Pāua Quota Limited 22 June 2018 Director Ngāi Tahu Scampi Quota Limited 22 June 2018 Director Ngāi Tahu Shellfish Quota Limited 22 June 2018 Director Ngāi Tahu Wetfish Quota Limited

16 Jan 2018 General disclosure Daughter - employed in Oranga Team General disclosure Husband – appointed by Waewae to Ngāi Tahu Pounamu Board

Gabrielle Huria Te Ngāi Tūāhuriri Rūnanga

Principal Advisor Christchurch City Council 01 Jul 2015 Chair / Director Emerge Aotearoa Limited 01 Jul 2015 Chair / Director Emerge Aotearoa Trust 01 Jul 2015 Chair / Director Emerge Aotearoa Housing Trust

15 Feb 2016 Director & shareholder Rawa Hohepa Limited Sept 2018 Deputy Chair Te Rūnanga o Ngāi Tahu Remuneration Committee (Te Whakaue)

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Te Rūnanga o Ngāi Tahu - 23 November 2018 - Interests Register

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General disclosure Gabrielle’s sister is on Ngai Tahu Property Board 20 Apr 2013 Trustee Te Uruti Trust 01 Jul 2015 Director Recovery Solutions Services Limited

2018 Interim Chair Te Ngāi Tūāhuriri Runanga Riki (Rik)Tainui Ōnuku Rūnanga

9 Dec 2016 Trustee Akaroa Health Hub

Director Melaleuca Inc 4 Oct 2015 Chair Ōnuku Rūnanga

Trustee Positive Directions Trust 17 Sept 2016 Member Te Apārangi Komiti

2016 Trustee Mahaanui Kurataiao Michael Richard Skerrett

Waihōpai Rūnanga 2005 Member Audit & Risk Committee (TRARC)

Trustee Mid Dome Wilding Trees Charitable Trust 27 May 1993 Director Murihiku Holdings Limited

2005 Kaumātua Southern Institute of Technology (SIT) Council

Trustee Venture Southland Trust 1999 Kaiwhakahaere Waihōpai Rūnaka

18 Apr 2000 Director Waihōpai Rūnaka Holdings Limited 22 March 2018 Trustee Whakamana Te Waituna Charitable Trust

Member Southland Regional Development Strategy Group Susan Wallace

Te Rūnanga o Makaawhio 3 Mar 2007 Director Kāti Mahaki ki Makaawhio Limited 14 Jul 2010 Director Kōhatu Makaawhio Limited

Co-Chair Poutini Waiora Trust

Chair Tatau Pounamu Manawhenua Group WCDHB 17 Sept 2016 Member Te Here Komiti

Trustee Te Pihopatanga o Aotearoa Trust Board

Executive Te Rūnanga o Makaawhio

Te Waipounamu Area Rep Te Ropu Wahine Māori Toko I te Ora (Maori Women’s Welfare League) Terence (Terry) Nicholas

Hokonui Rūnanga Inc Apr 2012 Trustee Ancillary Claim Trust

Sept 2018 Deputy Chair Te Here Komiti Feb 2003 Treasurer Hokonui Rūnanga Inc

20 Mar 2006 Director Hokonui Research and Development Limited

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07 Aug 2014 Director Liquid Media Operations Limited 17 Jul 2014 Director Liquid Media Patents Limited

14 Dec 2007 Director Rangimanuka Limited 13 Mar 2017 Director & Shareholder Real McCoy Operator Limited

6 Mar 2017 Director & Shareholder Real McCoy Owner Limited Matapura Ellison

Kāti Huirapa Rūnanga ki Puketeraki Trustee Arai te uru Kokiri

02 Jun 2005 Director & Shareholder Arai te uru Whare Hauora Limited (Chair) Shareholder CRT / Farmlands

18 Feb 2003 Chair Kati Huirapa Rūnaka ki Puketeraki Sep-05 Chair Otago Museum Maori Advisory Committee

7 Apr 2017 Director Ōtākou Health Limited 24 Apr 2017 Director Ōtākou Health Services Limited

Trustee Puketeraki Marae Reservation Employee Southern District Health Board

17 Sept 2016 Member Te Apārangi Komiti Member Te Rūnanga o Ōtākou Shareholder Tower Corporation

Trustee Trustee/Chair Araiteuru Marae Land Trust

Trustee Waikouaiti Maori Foreshore Reserve Owner Wainui Enterprises

David Perenara-O’Connell Te Taumutu Rūnanga Employee Environment Canterbury

General disclosure David’s wife is an employee of Ngāi Tahu (Oranga team)

Trustee Pahi Ropatini Whānau Trust Sept 2018 Deputy Chair Te Apārangi

Executive Member Te Taumutu Rūnanga

Trustee Untouched World Charitable Trust Trustee Whakamātau Eel Management Trust

Sept 2018 Trustee Rakaia Enhancement Trust General disclosure David’s daughter is a casual employee of Ngāi Tahu (Whai Rawa team)

Jo McLean Te Rūnanga o Waihao

17 Sept 2016 Chair Te Here Komiti

Member Te Rūnanga o Waihao Holdings Inc

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Sept 2016 Member Te Taumata Council Apr 2013 Board Member Piki Te Ora - Union and Community Health Centre Board

Karen Coutts Te Rūnanga o Moeraki 23 Jun 2009 Director, Principal &

Shareholder KDC & Associates Limited - current: Te Puni Kōkiri

Kaiwhakahaere Ngāi Tahu ki to Whanganui-a-Tara Sept 2018 Member Te Here Komiti

Member HSNO

Treasurer Te Rūnanga o Moeraki

Shareholder Tower Limited

Member Transparency NZ International - Delegated Responsibility

Member Wellington Institute of Directors’ Branch Sept 2018 Associate Consultant JMG Limited

22 Dec 2008 Director & Shareholder KBDRC Limited Elizabeth Cunningham

Te Rūnanga o Koukourārata August 2015 Councillor Environmental Canterbury (ECan)

Justice of the Peace Justice of the Peace

Representative Manawhenua ki Waitaha Health Group

Life member / President Maori Women’s Welfare League – Rāpaki branch

Member Te Apārangi Komiti 13 Oct 2013 Director Koukourārata Development Limited

Gail Gordon Te Hapū o Ngāti Wheke (Rāpaki)

Sept 2018 Deputy Chair Audit & Risk Committee (TRARC) 13 Apr 2005 Director & Shareholder Roker Street Limited

Sept 2006 Chair Te Poho o Tamatea Charitable Trust 8 Mar 2009 Director Te Poho o Tamatea Limited

Gail Thompson Awarua Rūnanga

Shareholder Invercargill Airport Limited Sept 2018 Member Te Apārangi Komiti

11 Apr 2012 Director / Shareholder Bluff Oyster Management Company Limited Trustee Bluff Hill Charitable Trust Member Te Ao Marama Limited Member Te Waiau Mahika Kai Trust Member Predator Free Rakiura Governance Group Member Auckland Islands Pest Eradication Governance Group

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Tahu Pōtiki Te Rūnanga o Ōtākou

29 May 2007 Director & Shareholder Arataki Associates Limited 1 Apr 2013 Director Ngai Tahu Tourism Limited Sept 2018 Chair Te Aparangi Komiti

Employee Aukaha Ltd (Rūnanga owned business) June 2018 Acting CEO Aukaha

Quentin Hix Te Rūnaka o Arowhenua Society Inc

1 Jan 2018 Director Dunedin City Holdings Limited 1 Jan 2018 Director Dunedin City Treasury Limited

23 Mar 2004 Director & Shareholder Aoraki Investments Limited 5 Feb 2004 Director & Shareholder Aoraki Management Services Limited

29 Aug 2007 Director Aoraki Trust Management Limited 1 Sep 2016 Director Institute Environmental Science and Research Limited 2 Dec 2011 Director Ngāi Tahu Holdings Corporation Limited 6 Apr 2017 Director One to One Corporate Trustees 2011 Limited 6 Apr 2017 Director One to One Corporate Trustees Limited

Feb 2016 Director Presbyterian Support South Canterbury Limited Board Member Presbyterian Support South Canterbury Incorporated

14 Oct 2016 Director & Shareholder Property Planit Limited Jun 2016 Trustee QCS&KL Hix Family Trust

2 Nov 2010 Director & Shareholder Quentin Hix Legal Limited Jan 2016 Trustee TAAHRK Hix Family Trust

Trustee Hunter Downs Water Trust Director Dunedin Stadium Property Limited

Sept 2018 Member Te Apārangi 21 Aug 2018 Member Uepū Hāpai i te Ora – The Safe and Effective Justice Advisory Group

Trustee Various client wills and trusts Ann Wakefield

Ōraka-Aparima Rūnaka Inc Member Audit & Risk Committee (TRARC)

Member Iwi Advisory Group, Southern Cross Hospital (IVC) Member Iwi Advisory Group, Well South LTD (PHO)

Member Iwi Governance Committee, Southern DHB Secretary Ōraka-Aparima Rūnaka Inc

Darran Kerei-Keepa Member Executive Te Rūnanga o Kaikōura

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Te Rūnanga o Kaikōura Sept 2018 Member Te Here Komiti 11 Oct 2015 Director Te Runanga o Kaikōura Limited

Henrietta Carroll Wairewa

Sept 2018 Member Te Here Komiti Sept 2018 Member TRARC

Michael Stevens Awarua Rūnanga Alt 26 Feb 2018 Director & Shareholder Tumu Korero Limited - has contract for services with Te Rūnanga o Ngāi

Tahu Katharina Ruckstuhl

Kāti Huirapa Rūnanga ki Puketeraki Alt 2006 Director Puketeraki Limited 2006 Member Dunedin City Council Māori Participation Working Party 2006 Executive Member Kati Huirapa Rūnaka ki Puketeraki 2017 Associate Dean Māori Otago Business School 2015 Executive Member Science for Technological Innovation National Science Challenge

Arihia Bennett Chief Executive Officer

Nov-12 Chair He Oranga Pounamu

Trustee Mātauranga Trust 16 Feb 2013 Chair Ngāi Tahu Communications Limited 16 Feb 2013 Chair Ngāi Tahu Development Corporation Limited 16 Feb 2013 Chair Ngāi Tahu Fisheries Settlement Limited 30 Nov 2016 Director Predator Free 2050 Ltd 16 Feb 2013 Director & Chair Te Rūnanga o Ngāi Tahu Limited 15 Feb 2014 Director Te Waipounamu Fisheries Limited 25 Mar 2013 Director Ngāi Tahu Paua Quota Limited 25 Mar 2013 Director Ngāi Tahu Migratory Quota Limited 25 Mar 2013 Director Ngāi Tahu Fisheries Investments Limited 25 Mar 2013 Director Ngāi Tahu Scampi Quota Limited 25 Mar 2013 Director Ngāi Tahu Wetfish Quota Limited 25 Mar 2013 Director Ngāi Tahu Lobster Quota Limited

July 2017 Trustee New Zealand Institute for Minerals to Materials Research 2013 Board Member University of Canterbury - Ngāi Tahu Research Centre 2013 Board Member University of Canterbury - Vice Chancellor Maori Advisory Board

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RAUTAKI

(STRATEGY)

Te Rūnanga o Ngāi Tahu - 23 November 2018 - RAUTAKI (STRATEGY)

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Strategy Session:Investment Policy Framework

Te Rūnanga o Ngāi Tahu - 23 November 2018 - Strategy Session: Investment Policy Framework

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TE AROTAKENGA ME TE WHAKAPAKARI

(FORM & FUNCTION)

Te Rūnanga o Ngāi Tahu - 23 November 2018 - TE AROTAKENGA ME TE WHAKAPAKARI (FORM & FUNCTION)

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He Pepa Whakataunga (Decision Paper): Agenda Reform Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 2

He Pepa Whakataunga (Decision Paper)

Nā: Form and Function Review Working Group Ki a: Te Rūnanga o Ngāi Tahu

Te Kaupapa: Agenda Reform - Placemat Te Kaituhi: Susan Wallace

Te rā: 5 November 2018

1. TE WHĀINGA (PURPOSE):

1.1 The purpose of the paper is to present the place mat that sets out the core legal duties and responsibilities of Te Rūnanga Representatives.

2. KUPU WHAKATAKI (BACKGROUND)

2.1 The Form and Function Review Working Group (“FFRWG”) was asked by Te Rūnanga to review hui agendas with a view to improve the effectiveness and outcomes of governance meetings.

2.2 Following feedback from the FFRWG members on the challenges with time constraints, large hui packs, and duplication of papers and agenda items, Mr. Lindo undertook a review with a focus on improving hui agendas whilst ensuring any improvements or amendments did not breach fiduciary responsibilities.

2.3 Mr Lindo presented an initial review to the Form and Function Review Working group, and he presented a paper on agenda reform at the Te Rūnanga hui in August 2018. In his paper, Mr Lindo also highlighted that a placemat would be developed and presented back to the FFRWG and to Te Rūnanga.

2.4 Mr Lindo presented a draft placemat to the FFRWG at its latest hui on 25 October 2018. Feedback was provided and the placemat for presentation confirmed.

3. NGĀ KAUPAPA (POINTS OF INFORMATION)

3.1 The Agenda reform placemat is attached at Appendix 1.

4. HE MAHERE MAHI (FURTHER WORK PLANNED)

4.1 Following feedback to this paper and any implications or impacts as a result of key issues that arise from the discussion, the Office will implement the placemat in to Te Rūnanga work plans and agenda.

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Te Rūnanga o Ngāi Tahu - 23 November 2018 - DEC: Agenda Reform - Placemat

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He Pepa Whakataunga (Decision Paper): Agenda Reform Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 2 of 2

5. NGĀ WHAKATAUNGA (IMPLICATIONS)

5.1 Consistency with Ngāi Tahu 2025 – Āe, particularly Te Kaitiakitanga me Te Tāhūhū.

5.2 Consistency with Previous Policy Decisions – Āe.

5.3 Consistency with Ngāi Tahu Values – Āe, particularly Tohungatanga and Rangatiratanga.

5.4 Financial Implications – Kāo.

5.5 Legal Implications – Āe, however this placemat has been discussed with Legal Counsel.

6. WHAKAAROHANGA RŪNANGA (CONSULTATION CONSIDERATIONS)

6.1 Internal Consultation – Āe, the Form and Function Review Working Group has reviewed the placemat and it has also been reviewed by Legal Counsel.

6.2 External Consultation – Āe, with Mr Lindo.

7. KO NGĀ WHAKATAU (RECOMMENDATIONS) That Te Rūnanga o Ngāi Tahu:

i. Receives this paper ii. Provides any feedback on this agenda reform paper and the Appendix.

8. ĀPITIHANGA (APPENDICES) Appendix One – Agenda Reform Placemat

Susan Wallace

Author Date: 5 November 2018

Chief Executive Officer Date: 5 November 2018

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Te Rūnanga o Ngāi Tahu (TRoNT)

CORE LEGAL FUNCTIONS Core Legal Duties Comply with the

requirements of TRoNT’s legal construct.

Be accountable for the prudent investment and custody of TRoNT’s assets for the benefit of Ngāi Tahu Whānui.

Identify Whānui members and communicate effectively with them.

Proactively govern TRoNT in the best interests of NgāiTahu Whānui.

Action • Learn the content of theCharter, the TRoNT Act1996, the Ngāi TahuCharitable Trust Deed andall related policies andprocedures thatRepresentatives mustcomply with.

• Annually review the legalconstruct as part of theBoard agenda to ensure itremains ‘fit-for-purpose’.

• Access advice, training, andperformance reviewprocesses to enableRepresentatives to be thebest that they can be asgovernors of TRoNT.

• Identify, invest, protectand own, the assets ofTRoNT in the context of aninter-generationalinvestment strategy that istested regularly to ensurethe assets deliver value toNgāi Tahu Whānui.

• Continue to use the groupstructure to reflect theparticular nature of theassets and the specialisedgovernance skills requiredto execute the investmentstrategy.

• Regular monitoring andreporting are critical toolsin providing assurance toTRoNT.

• This appears obvious butat the heart of anobligation to hold assetson behalf of others is tohave robust processes toensure TRoNT (acting asTrustee of the CharitableTrust) know who thebeneficiaries of the Trust,are.

• TRoNT must provideinformation to Whānuiwhich as a minimumdiscloses that they arebeneficiaries of theCharitable Trust, disclosesthe performance of theassets and how benefit isbeing returned to them.

• Given the robust groupstructure, TRoNT shouldbe able to prioritisestrategic developmentexecution and reviewwith BAU theresponsibility of theExecutive and Sub-Committees.

• TRoNT representativesmust put the interestsof Ngāi Tahu Whānui asa whole ahead of theinterests of PapatipuRūnanga.

• Representatives mustbe informed, prepared,must participate, alwaysbe respectful and neveract in their owninterests.

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PLACEMAT DRAFT

7 November 2018

APPENDIX ONE

4.1


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He Pepa Whakataunga (Decision paper) - Form and Function Review Final Report

Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 3


Nā: Office of the CEO Ki a: Te Rūnanga o Ngāi Tahu

Te Kaupapa: Form and Function Review Final Report Te Kaituhi: Julian Wilcox

Te rā: 30 October 2018


1.1 The purpose of this paper is to present the draft final report of the Form and Function Review/Survey Report.

2. BACKGROUND KUPU WHAKATAKI (BACKGROUND)

2.1 The Form and Function Review Working Group (“FFRWG”) was established to review, refine and enhance governance structures and processes to help support best practice and performance of Te Rūnanga o Ngāi Tahu for the next 20 years

2.2 The Form and Function Review Survey was launched at Hui ā Iwi in November 2017 and went live to whānau at the end of the year.

2.3 Originally, the Survey was due to close on 31 March 2018, but this was extended to 31 August following direct feedback from whānau.


3.1 The key findings, responses, and response rate can be found in the draft final report, attached at Appendix 1.

3.2 Obviously, the report does not mention all comments made in responses to the survey, however, key themes have been captured and are mentioned in the report.

Ngāi Tahu APP and Social Media/Iwi Communications

3.3 88% of respondents support the introduction of a new Ngāi Tahu Application, with 69% saying they find it easy to participate in social media. Just under 80% said they would attend if more hui were held with whānau.

Pou Tikanga

3.4 There was strong support for the introduction of a new Pou Tikanga committee, with 87% responding positively to his question. Commentary focused on two key areas, that is the process for establishing the Pou Tikanga, and the authority of the Pou Tikanga.

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Te Rūnanga o Ngāi Tahu - 23 November 2018 - Form and Function Review Final Report

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Page 2 of 3

Ngāi Tahu values

3.5 There was support for a review of the values, with 68% positive response. However, the commentary and feedback suggests that whānau support a review, and the addition of any missing values or gaps, rather than condensing or removing current values.

Appointment process for rūnanga representatives

3.6 A clear majority (84%) support the current process to appoint rūnanga representatives. Key commentary and feedback did suggest that length of tenure would be good to review, and communication on the elections and appointments encouraged.

Financial/investment questions

3.7 67% of respondents say they receive sufficient information on financial decision making, and a clearer majority (70%) are clear that financial return should not be the primary consideration in investment decision making. The following four key considerations were considered equally important, though environmental considerations were slightly higher, and employing our own slightly lower in weighting.

Papatipu Rūnanga

3.8 The Office received papatipu rūnanga responses from 4 papatipu. The Kaiwhakahaere responded to two papatipu submissions directly.

3.9 Two submissions were received that related directly to the questions asked as a part of the Form and Function Review. Their responses are added to the report.


4.1 This report will be presented as a part of the report back at Hui ā Tau.

4.2 The Form and Function Review Working Group Final Report will be submitted to Te Rūnanga at its hui in February 2019.


5.1 Consistency with Ngāi Tahu 2025 – Āe

5.2 Consistency with Previous Policy Decisions – Āe

5.3 Consistency with Ngāi Tahu Values – Āe

5.4 Financial Implications – Kāo

5.5 Legal Implications – Kāo

5.6 Information Technology Implications – Kāo

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Page 3 of 3

6. KO NGĀ WHAKATAU (RECOMMENDATIONS) That Te Rūnanga o Ngāi Tahu: a) Receive the Form and Function Review Survey Report b) Review these findings in conjunction with the Form and Function Review Working

Group Final Report in February 2019.

7. ĀPITIHANGA (APPENDICES) Appendix One – Form & Function Survey Results Report

Author Date: November 2018

Chief Executive Officer Date: November 2018

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Te Rūnanga o Ngāi Tahu– Form and Function Review

Survey Results

APPENDIX ONE

5.1


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1. Executive Summary

705 whānau responded either on line or via hard copy to the Form and Function Review. Thirteen questions were asked, and answers were a “yes/no” response with room for the provision of additional commentary.

The thirteen questions related to:• Iwi engagement• Hui• Pou Tikanga• Iwi Values• Runanga representative appointment process• Investment decision making

Most respondents were happy with current governance operations and commentary provided was about enhancing process and taking people along on the journey rather than dissatisfaction with existing process.

In the main, commentary fell into the following categories:

Iwi communications• General communications feedback• Channels for delivery

Hui• Location of Hui• Administration• Hui topics

Establishment of a Pou Tikanga • Process for establishing the Pou Tikanga• Authority of the Pou Tikanga

Values Review• Review values to ensure appropriate and include all whānau in review• Identifcation of missing values

Rūnanga representative appointment process • Review of tenure length• Enhanced communication around election process and candidates

Investment decisionsThe final questions related to financial/investment decision making and the amount of information available to whanau as well as whether financial return should be the primary consideration in measuring performance. While 67% of respondents felt they received sufficient information there was very strong base of respondents (70%) that did not agree that financial return should be the prime consideration.

5.1


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2. Background

The Form and Function Review Working Group (“FFRWG”) was established to review, refine and enhance governance structures and processes to help support best practice and performance of Te Rūnanga o Ngāi Tahu for the next 20 years.

As part of the information gathering phase of this project, the Form and Function Working Group undertook a survey that was open to participation from all whānau. The survey closed on the 31st August 2018 and this paper provides an outline of the feedback and findings.

The Form and Function review was launched at Hui ā Iwi on Sunday, the 26th of November, and released to Papatipu Rūnanga and Ngāi Tahu whānau at the end of 2017.

Originally, Papatipu Rūnanga and Ngāi Tahu whānau were given until 31 March 2018 to provide feedback on the document for consideration and decision making by Te Rūnanga o Ngāi Tahu. The time for feedback was extended to 31 August 2018, following direct feedback from whānau requesting an extension. This was reinforced by whānau during the roadshows, particularly in the regional roadshows.

The survey focus areas and questions reflected the findings and recommendations of the FFRWG, as well as the areas that the working group required input and feedback on from Ngāi Tahu whānui. The online survey numbers grew as changes were made throughout the engagement period. Hard copies were also made available during the roadshow process and these were received at the roadshows themselves, or after the roadshows through the post to our Contact Centre.

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3. The Survey

At the time the survey closed, 705 individual responses had been received. 581 of these were sent in online with the remainder being sent in by hard copy.

Whānau were asked the following 13 questions as part of the survey:

1. We are developing a Ngāi Tahu mobile app and we will have the ability to add functionality as it is required. We want to know if you would download and use a Ngāi Tahu mobile app that enabled enhanced sharing of information and feedback?

2. Would you find it easier to participate in feedback to Te Rūnanga using a greater range of social media options like Facebook?

3. Would you attend and participate if Te Rūnanga scheduled more hui to encourage debate and engagement?

4. Do you have any other comments, suggestions or feedback about iwi engagement and how you would like to receive information to ensure you are fully informed?

5. Do you support the introduction of a Pou Tikanga committee to assist with meeting the challenge of ensuring tikanga is appropriately reflected in our decision making?

6. Do you have any other comments or feedback about tikanga?

7. Is it time for Te Rūnanga to review the current values to ensure they are still relevant and appropriate to guide Te Rūnanga in our decision making?

7a. If we do undertake a full review we will ensure that kaumātua, cultural leaders and rangatahi are involved in the decision making

8. Do you have any other comments or feedback about our values?

9. Do you support the current process to appoint Rūnanga Representatives and Alternates?

10. Do you have any other comments or feedback about the current process to appoint Rūnanga Representatives and Alternates? Do you have some alternative options? Tell us what they might be.

11. Do you feel the right level of information is available about investment decision making?

12. Do you think that financial return should be the primary consideration for measuring performance?

13. Which of these other considerations are important to you in investment decision making? • Environmental responsibility • Employing our own • Cultural considerations • Social responsibility

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4. Quantitative Results

The table below outlines the number of responses received for each question and identifies the number of whānau who agree/disagree with each question.

Questions # Responses Yes No %Yes %No

Download and use NT mobile that enhanced sharing 705 622 83 88% 12%

Find it easy to participate using social media 705 488 217 69% 31%

Attend and participate if NT scheduled more hui 705 555 150 79% 21%

Support intro of Pou Tikanga committee to assist 705 612 93 87% 13%

Is it time to review current values 705 477 228 68% 32%

Support process to appoint representatives 705 589 116 84% 16%

Right level of information available to whānau 705 476 229 67% 33%

Financial return should be primary consideration 705 209 496 30% 70%

Environmental responsibility 705 619 86 88% 12%

Employing your own 705 515 190 73% 27%

Cultural considerations 705 545 160 77% 23%

Social responsibility 705 584 121 83% 13%

Please note that % have been rounded up where required

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5. Qualitative Results

In addition to the quantitative analysis, whānau were also provided the opportunity to provide more in-depth commentary on the question areas. An analysis of the responses to these question areas is provided below.

Ngāi Tahu App and Social Media/Iwi Communications

There was significant support for the introduction of a Ngāi Tahu app (88%) and 69% of whānau that responded said they find it easy to participate in social media.

In the main, commentary associated with Iwi communication fell into the following categories:• General communications feedback• Channels for delivery

In terms of General communications, whānau are keen to receive as much information as possible. No respondents said they were overwhelmed by the level and quantity of information received, in fact, most people wanted more.

Respondents did talk about keeping the messaging simple and to the point. When providing material in te reo some respondents said they wanted a translation.

Several whānau are looking for more information on “being Ngāi Tahu” – history, tikanga etc. This could be factored into messaging and information shared.

There was general agreement that an app would be useful.

I would download and use a Ngai Tahu app

Yes

No

12

88

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In terms of Channels for Delivery, whānau want a full range of options to be used when communicating. Several indicated they still wanted to receive “snail mail” whereas others were embracing new technologies and expected Ngāi Tahu to use all options available – webinars, Zoom, Online streaming, email, YouTube, twitter etc.

General comments included:

• Greater use of technology welcomed – YouTube and zoom and live feeds

• I enjoy receiving the panui in print format. The website is well structured also. I don’t always engage via social media but I read the posts

• What would be good, would be a back to basics step by step history, timeline, and avenues for the uneducated, uninvolved to become more informed, or involved to a greater level, and avenues to follow to start local initiatives etc. A real back to basics, easy to navigate, informative, supported vehicle that people can use to educate themselves on Tribal and Cultural matters. One thing that springs to mind, is a list of contacts for carving

• Continue the way that you are going is ok

• I don’t use Facebook, or a Cell phone and I would suggest that many older people would be similar

• Love the Facebook information so easy to share if need be

• I receive frequent information via Papatipu Rūnaka database and am happy with what I receive

• I think an App is a great move forward

• Stream TRoNT meetings to Ngai Tahu Whānui. Provide for real time polling from Whānui for decisions as they are debated at the table!

• When whanau write to you with feedback, you should have a policy that that you acknowledge receipt of their communication, even if you don’t want to or don’t have time to answer or address the issue

• Schedule more regular hui and broadcast them via YouTube or similar social media vehicles

• Would Zoom attendance for hui be available for those who live in North Island?

• As I live in the UK, email and FB are very helpful for me to keep in touch with current affairs within the ropu

• I think you are doing an incredible job with keeping us informed and the overseas roadshows

• I would love more access online, more options for members on the website such as links to Kai Tahu legends, language and other bits than can be shared with the next generation so our dialect and stories don’t get lost

• I think sometimes the information is hard to absorb because of all the jargon that is not easily read

• Personally, I find the communication I get from Ngāi Tahu to be so efficient and regular, ka pai!

• Technology gives us many forms of communication - let’s use as many as possible. The elderly would benefit using Skype, for example. Of course, you know this already

• Email is really good

• Webinar is good.

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Ngāi Tahu Hui

79% of respondents said they would attend if Ngāi Tahu scheduled more hui. The commentary provided further insight into the reasons for this response.

In the main, commentary associated with hui fell into the following categories:• Location of Hui• Administration• Hui topics

In terms of Location, whānau are keen to see more hui held outside the South Island. There was positive feedback on the regional hui held recently. Many have budget or family restrictions and are unable to travel to hui so they would like more in a variety of locations.

There was also comment made about making hui more accessible for those with a disability.

Comments showed that there is a genuine desire for greater engagement from those living outside Te Waipounamu.

There was quite a bit of commentary in relation to administration of hui. Whānau provided feedback on practical elements such as sending out an agenda prior to hui so that they could select the sessions they wanted to attend, giving plenty of notice about hui so there is time to put it in the diary and prioritise, sending out smaller teams of people from Te Rūnanga on a more regular basis and also sending out reminder texts prior to the hui.

Whānau also suggested hui on specific topics such as retirement and health issues and also to hold hui targeted at different groups – kaumātua, rakatahi. Whānau want hui to be more inclusive of a wider range of Ngāi Tahu in terms of their knowledge and experience.

I would attend more hui if scheduled

Yes

No79

21

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• I live outside of the rohe so if there were more hui scheduled they would need to be in the Waikato for me to be able to attend

• The huis are a good idea but as a mother I can never attend them as I have no flexibility. It would be good if you could have local hui with better flexibility

• Hui are generally held in the bigger centres. For those of us who still live outside these areas it’s sometimes difficult to attend but, having said that, I always appreciate hearing about all things ‘Ngai Tahu’ in panui

• It’s hard to engage when we live outside Te Waipounamu

• Attending Hui is not something I would be comfortable with. I know very little regarding my whakapapa despite asking Ngāi Tahu for information

• I would like hui and wananga to take place in Tāmaki Makaurau

• Schedule more regular hui and broadcast them via YouTube or similar social media vehicles

• Would be beneficial to focus on each age group more, like those heading to retirement so we can participate more with the upcoming free time. Also provide support for struggling young families in an advisory role. Concerns like housing, budgeting and retirement could be addressed

• Would Zoom attendance for hui be available for those who live in the North Island?

• The Roadshows allowed many of us who can’t get down to Christchurch to catch up and interact and generally find out what has been happening. They are a fantastic tool for reaching members throughout the rest of the country

• Regular visits to Papatipu Rūnanga

• Smaller team/sub committees from Te Rūnanga visiting

• Text hui reminders

• Need an agenda for hui beforehand.

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Pou Tikanga

There was strong support for the development of a Pou Tikanga committee with 87% of respondents supporting this suggestion.

In the main, commentary associated with establishment of a Pou Tikanga fell into the following categories:• Process for establishing the Pou Tikanga• Authority of the Pou Tikanga

In terms of Establishing the Pou Tikanga, there is a significant opportunity for Te Rūnanga to involve a wider whānau group including kaumatua and rakatahi in the establishment phase. Whānau indicated that they want to be heavily involved in the development of this committee and the people appointed and establishment process must be marae led. There is a risk if this is not an inclusive process of alienating a wide group of whānau. However, the opportunity is there to use the establishment phase of the pou tikanga to take iwi on a comprehensive and inclusive journey.

Commentary also raised questions about the authority of the Pou Tikanga with Whānau wanting to ensure the pou tikanga did not impede Papatipu Rūnanga decision making.

Yes

No

Support for Pou Tikanga

87

13

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General Comments included:

• Work needs to be done to prevent groups cherry picking the worst aspects of Tikanga and holding them dear instead of building on the strengths of respect, dignity and kindness which is sorely lacking in a modern world

• Again, need people representing the views of iwi members not just connected to a runanga

• We need to make sure tikanga is reflected in decision-making or we will lose our Kai Tahu-ness

• The pou Tikanga komiti has to have a good process and terms of reference. It cannot impede in the Tikanga of other Papatipu Runanga protocols

• This responsibility should not sit with elected TRONT reps. Would prefer it to be sit separately from TRONT made up of the Upoko from around the motu or kaumatua

• It is well overdue. Some caution that only pre colonial tikaka is used. Too often I see and hear tikaka that is clearly post colonisation and christian influenced

• As long as Pou Tikanga sticks to TRONT business and doesn’t flow out into iwi life more generally

• The pou tikanga will be as good as the people who are members. A pou tikanga that is able to understand the actuality of the how to implement tikanga in a meaningful way as opposed to solely the theory would be an asset

• Tikanga seems to be represented only superficially within Ngai Tahu Holdings and its subsidiary companies. These entities represent Ngai Tahu and should be more closely aligned with our tikanga, kawa and whanonga pono

• You’re right on the nail with the introduction of a Pou Tikanga, awesome decision making. I would love to be involved at the grass roots level

• Tikanga should be infused in everything and a part of the remit for every committee - rather than a separate agenda. I could see value in assembling a kaahu i kaumatua or similar to advise on that and help build a framework for it and how it will be integrated into every committee - but this is something that applies to everything, it is not a committee it is a culture of practice then needs to be embedded

• So long as individual marae tikaka is able to continue if different from the committee’s

• I support that there should be a group to revise the tikanga and ensure it is appropriately followed. The representation could be decreased to +2 or +3 reps rather than +5 reps

• Tikanga should be first and foremost in everyone’s thinking. Tikanga comes from being at home on turangawaewae - from the Marae, to the ocean to the hills. It is innately in us, not in policies or committees. I would like to see how this proposed to happen? Each takiwa has its own tikanga and that’s where it should lie.

• I feel this approach is well on the right path

• I think that a Pou Tikanga is an important and necessary to ensure TRoNT remains a Maori entity and centres tikanga to its actions

• It would be great if we trained and supported members in the various rohes to teach and guide Kai Tahu/Ngai Tahu instead of us having to rely on other iwi for cultural guidance and support. It is woefully inadequate that our communities are lacking in this area. So while I accept a committee may be useful to strengthen Tikanga at governance this needs to strengthened in our communities we need our own leaders, kaumatua to guide us instead of any stranger who enters our rohe and becomes expert over our tikanga

• I would have suggested that everyone who sits at the table, would know Tikanga. If you don’t and can’t conduct yourselves in a proper manner without a koiti, then why are you there?

• Tikanga is different in many Takiwa, how will a Iwi based tikanga be reflected at the Rohe level? Sounds important but needs to be flexible and adapt to modern tribal growth/society. it can be scary/difficult to learn.

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Ngāi Tahu Values

While 68% of respondents said it was time to review the values for Te Rūnanga, this is not a reflection of levels of dissatisfaction with current values but rather a desire to ensure they are still relevant, to review them and to reinforce them if they are confirmed. This perspective was reinforced in the comments received.

In the main, commentary associated with a review of the values fell into the following key categories:• Review values to ensure appropriate and include all whānau in review• Addition of missing values

In terms of Reviewing Values, there was little negative feedback about the values but whānau do want to ensure they are still relevant and there is a wider understanding of meaning and application. Commentary included the requirement to involve wider whānau in the review process.

Whānau did identify that there could be the potential to add new values that are missing. This should be part of the review process.

Yes

No

I support a review of Te Rūnanga Ngai Tahu values32

68

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• There is no current value that reflects Hau ora or wellbeing and that should be included

• I hope all kaumatua, whanau and hapu are involved in some way to improve this process

• A review is important. Not to say there is anything wrong with these values, however it ensures there is relevance and regular review. I believe the values are still appropriate and do not require a review

• They are good values, there was one that use to be on that has been taken off ‘Manutioriori’ the value of defending our mana and takiwa from claims within our takiwa and ensuring that Government departments remember our boundaries and who they should be talking too first not ‘interested parties’

• The true essence of Kaitiakitanga has been depleted due to our investments within dairy farming, water issues, mining and supporting consents that are detrimental to our whenua

• The present values cover all I can think of, but maybe we strive to better serve those values

• I think we need to review how these values are incorporated into how we work and make decisions for the iwi. For example, the Office of Te Runanga has a number of work policies, sometimes these policies clash with the values and vice versa

• The more this is workshopped the more you can engage our rangatahi

• Our values must reflect our decision making now and into the future

• Values should have the ability to travel across generations and be applied to various contexts and scenarios. These values do that

• I think current values statements are just fine

• Values do not change like strategies, they should, if defined well, last for generations

• The one value we need added to the list “ Grow and Protect our assets”

• The people seem to have been forgotten. Where is housing developments that is affordable Why has land been sold in the past just to make the bottom line look good

• The current values cover an impressive range that are all relevant

• Revisiting the values will help improve learnings and understanding for all Ngāi Tahu

• Definitely - A culture of review, reassess, redevelop and rollout is key to any department, structure or organisation in order to be successful. The one thing we can expect is change the question is are we dynamic enough to thrive into the future?

• There is no need to fix what is not broken. Our Values are good, but the application of these values to our commercial interests needs reviewing

• They’re fine the way they are. Don’t waste time and money analysing and over analysing

• I think these values are fantastic but need to include a principle that acknowledges/makes space for and celebrates diversity within our Ngāi Tahu tanga. For example, I am queer/takatapui and I know a lot of Ngāi Tahu people who are also queer/takatapui and it would awesome if our core Iwi values upheld and celebrated diversity - not just for people who are queer/takatapui, but for all shades of diversity

• I absolutely love these values and this they are what set us apart from other similar foundations.

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Appointment process for rūnanga representatives

There was strong support for the current appointment process of representatives with 84 % of respondents approving of the current process.

In the main, commentary associated with the Rūnanga representative appointment process fell into the following key categories:• Review of tenure length• Enhanced communication around election process and candidates

While there was strong support for the current process whānau did make suggestions about a review of the length of tenure and the requirement for enhanced communication and transparency around election process and candidates.

Yes

No

I support the current Rūnanga representative appointment process

16

84

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• Having a ‘must step down after so many years’ would be good to see. I support the present composition of experience and new, young and old and would like to see something that supports the gender equality that is seen at present

• The current process makes it much too easy for incumbent representatives to remain in place for long periods of time. Capping the number of successive terms that a representative can serve might mitigate this problem

• Don’t try to fix something that isn’t broken

• All is okay

• Should consider tenure limitations for committee or board members

• The panels can be stacked to get whoever the runanga want on there and it is not always the best fit. I believe the process should go firstly go to the different whanau to select their best person then all those nominated come before the runanga to select the best person for the mahi. May get more people home too!

• Maximum 5year team for each representative

• Seems appropriate. Thank you

• I do not remember having been asked to vote on the Appointments Committee for Koukourarata for a very long time. This is not in line with “all Ngāi Tahu Whānui members who have established by descent that they are entitled to be members of that Runanga, and are 18 years old and over, must have an opportunity to vote in the postal ballot.”

• The process alienates members from participation as it looks like same old same old and who cares comes in and some reps don’t pass on rūnaka views

• It’s a good idea to have a review. There are a huge number of uri living outside Te Waipounamu and perhaps the rūnanga could look at expanding that representative process Into the North Island

• Postal ballots are getting to be a thing of the past. Online voting should be made possible. There should be some representatives for those that don’t live or have any contact with their Runanga. The voice of the ‘urban Maori’ who don’t feel they belong anywhere even if they have found where they whakapapa to

• The system has been flawed for many years in my opinion. There is not enough information around elections – time frames, processes, candidates. I also believe that many Runanga have such varied enrolment systems for people and this is reflected in ad hoc electoral rolls across most Runanga.

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Financial/Investment questions

The final questions related to financial/investment decision making and the amount of information available to whanau as well as whether financial return should be the primary consideration in measuring performance. While 67% of respondents felt they received sufficient information there was very strong base of respondents (70%) that did not agree that financial return should be the prime consideration.

Yes

No

I receive sufficent information on financial decision making

Yes

No

Financial return should be prime consideration in investment decision making

33

67

70

30

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In terms of the final question about consideration during investment decision making, there was largely equal weight given to each of the four topics provided however, environmental considerations were weighted slightly higher than others and employing our own was ranked the least issue to consider when making investment decisions.

• Environmental responsibility

• Employing our own

• Cultural considerations

• Social responsibility

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6. Papatipu Rūnanga Form and Function Feedback

Te Rūnanga o Koukourarata and Te Rūnanga o Moeraki submitted Rūnanga responses to the Form and Function review. Their responses are detailed below.

Questions Te Rūnanga o Koukourarata Te Rūnanga o Moeraki

We are developing a Ngāi Tahu mobile app and we will have the ability to add functionality as it is required. We want to know if you would download and use a Ngāi Tahu mobile app that enabled enhanced sharing of information and feedback

In essence Yes, however not all of our older members have the benefit to access modern technology i.e. mobile phones, laptops etc in order to access the mobile app for information

Most thought NO and one whānau member thought Yes

Would you find it easier to participate in feedback to Te Rūnanga using a greater range of social media options like Facebook?

No, I think it would be related to the response given under No. 1.

Mixed response; some would and some not

Would you attend and participate if Te Rūnanga scheduled more hui to encourage debate and engagement?

No, however a comment was made that it would depend on the issue and how relevant it was to benefit the Rūnanga

Most thought NO and one whānau member thought Yes

Do you have any other comments, suggestions or feedback about iwi engagement and how you would like to receive information to ensure you are fully informed

Engagement is only one part of participation. To hear what is being said, even if it sounds negative needs to be considered. Kanohi ki kanohi is one of our values that we treasure in people coming to our marae. My older relations would stay until the kaupapa was finished or resolved. 2

No

Do you support the introduction of a Pou Tikanga committee to assist with meeting the challenge of ensuring tikanga is appropriately reflected in our decision making?

No. Tikanga needs to be developed and nurtured at the Rūnanga and carried out at the Rūnanga/whanau level. In the early days tikanga was taught at home. As long as we have Tutehuarewa standing, all our tikanga will be taught, nurtured and kept within our whare Tipuna.

NOT THIS AGAIN. This always comes around and we remember that we have had this before. Why would we have this? No point in this.

That Pou Tikanga is an old chestnut coming around again.

There is already a selection panel who decide on the right people to travel and to assist at hui. NO.

Plus one whānau member who thought: Absolutely this is one way to ensure we place our Ngāi Tahutanga at the forefront of all we do.

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Do you have any other comments or feedback about tikanga?

Again comments were made around the responsibilities of tikanga amongst our families and of course what is performed on the marae. The Tangihanga was emphasised in terms of tikanga and should have the highest priority in what we know and want to provide at Koukourarata.

If all those people (Chairs) are in the Chairs committee, then who is making decisions. Those people in that committee will decide everything and TRONT will not having anything left for TRONT to decide.

Why do you need Deputies

Is it time for Te Rūnanga to review the current values to ensure that they are still relevant and appropriate to guide Te Rūnanga in our decision making?

An emphatic No. The members were quite surprised at such a suggestion.

No. It is always good to take stock, review and hear the voices of whānau but such a costly exercise will result in confirming the same values.

More focus has to be given to living the values in all we do.

Do you have any other comments or feedback about our values?

Nothing further to add.

Do you support the current process to appoint Rūnanga Representatives and Alternates?

YES from many, however the Chair did not agree with the electoral College system. It was also mentioned that the appointments did not include members that are living away from the Rūnanga. There should be more transparency on the process of election.

Yes

Do you have any other comments or feedback about the current process to appoint Rūnanga Representatives and Alternates? Do you have some alternative options? Tell us what they might be.

The members would prefer that people wishing to be nominated as either a representative, Kaiwhakahaere or Deputy Kaiwhakahaere should present themselves to the Rūnanga. In my view we are bound by the Te Rūnanga o Ngāi Tahu Act that determines how one is elected.

No comment

Do you feel the right level of information is available about investment decision making?

No, however more clarity would be appreciated in the recommendations around investments

Mixed response with some thinking there is enough information and some saying not.

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Do you think that financial return should be the primary consideration for measuring performance?

No, it is the achievements of our people which is important i.e. education, health, employment etc

Mixed responses again with some thinking that financial return should be the driver and some thinking not.

Where not, the thoughts were what is most important is measuring the well-being of whānau (well-being, health etc), culture (tikanga, language etc) and environment. The purpose on increasing our financial return should be on pursuing such kaupapa.

Which of these other considerations are important to you in investment decision making?

A. Environmental responsibility B. Employing our Own C. Cultural considerations D. Social responsibility

ALL OF THEM, but we would also like to acknowledge our future generations still to come.

All of the responsibilities are (equally) important for investment decision-making.

Other Comment - how much does it cost for TRONT to participate in the ICF? Please provide Moeraki with a breakdown of the full costs for the past 12 months at least.

- There are new people at the top now making the rules. When we vote, the rules change

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7. Conclusion

With 705 whānau responding either on line or via hard copy to the Form and Function Review, consideration must be given to the feedback received.

As mentioned, thirteen questions were asked, and answers were a “yes/no” response with room for the provision of additional commentary. There are clear answers to all questions.

This report does not make recommendations on the next steps, or the decisions required, to approve the findings of this report. However, the report gives clear feedback for consideration by Te Rūnanga. Failure to respond to the feedback will adversely impact engagement with whānau moving forward.

Te Rūnanga may also consider the lack of response to the review. Despite their being only 705 respondents, one might consider all feedback to be good feedback.

We know this list is not exhaustive, but it will provide us with valuable information to make change and to build and improve.

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TE WHATITATA ME TE TAUTUKUNGA

(RISK & COMPLIANCE)

Te Rūnanga o Ngāi Tahu - 23 November 2018 - TE WHATITATA ME TE TAUTUKUNGA (RISK & COMPLIANCE)

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Decision paper: Health and Safety Report Q1 Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 2


Nā: Chief Operating Officer Ki a: Te Rūnanga o Ngāi Tahu

Te Kaupapa: Health and Safety Report – Quarter 1 FY19 Te Kaituhi: Katie McEwan, Group Head - Toi Tangata

Te rā: November 2018


1.1 The purpose of this paper is to provide Te Rūnanga o Ngāi Tahu with Health and Safety reporting for the first quarter of the financial year ending 30 June 2019.


2.1 The ‘Te Rūnanga o Ngāi Tahu Health and Safety Charter’, signed April 2017, sets out the due diligence roles and responsibilities of Representatives in the leadership, monitoring and compliance of health and safety matters.

2.2 The Charter specifies that Te Rūnanga shall receive the following information on a regular basis:

a. A Safety Dashboard showing in graphical form trends in key indicators over the previous twelve months.

b. Update on implementation of the annual health and safety improvement plan.

c. Summary of high risk activities and critical control monitoring.

d. Summary of critical health and safety related activities overdue for the period.

e. Summary of new hazards identified since the last report.

f. Details of new high-risk activities and their control plans.

g. Summary of incidents during the period.

h. Completed incident investigation findings for high potential incidents and notifiable events including corrective actions.

i. Reports on reviews and audits of the whole or elements of the health and safety management system, including hazards, safety interactions, critical control checks, corrective actions, supervisor inspections, task analyses, toolbox talks, and injury data.

6

Te Rūnanga o Ngāi Tahu - 23 November 2018 - DEC: Health and Safety Report – Quarter 1 FY19

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Decision paper: Health and Safety Report Q1 Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 2 of 2

2.3 The Health and Safety strategy for the Office of Te Rūnanga o Ngāi Tahu sets out the priority work areas for the next three years that will enable us to make progress towards our vision “Kia hoki ora atu tātou katoa ki te kāika” – everyone home safe and well every day. The three key pou of the strategy are:

a. Operational Excellence; b. Wellbeing Culture; c. Visible Leadership.

2.4 Under each key pou the strategy defines the work activities for the 2019 financial year period and associated performance indicators.


3.1 The Health and Safety Q1 FY19 report is attached at Appendix One.

3.2 The report is comprised of a dashboard of key incident statistics and a summary of progress against the strategic work plan.

4. KO NGĀ WHAKATAU (RECOMMENDATIONS) Te Rūnanga o Ngāi Tahu:

a. Receive the paper. b. Provide feedback to further guide improvements to the health and safety

kaupapa.

5. ĀPITIHANGA (APPENDICES) Appendix One – Health and Safety Report Q1 Financial Year 2019

Group Head - Toi Tangata Date: November 2018


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OTRoNT Risk Profile Top 10 high risks

1. Working in and adjacent to water 2. Mountain walking/climbing 3. Working at height 4. Vehicle/Pedestrian interaction 5. Journey Management 6. Extreme weather at an event 7. Structural Integrity of buildings 8. Cultural harm 9. Dealing with abusive people

(emotional/physical) 10. Helicopter transport There has been no change to the risk profile this quarter. Number of events reported for Q1: 17 total events reported Of which, 5 refer to our 10 high risks 10 events (70%) refer to ‘other events’ category 2 relate to Contractor breaches

Figure 1 – Summary of incidents by source type

Events reported relating to top 10 high risks:

Vehicle/Pedestrian interaction 2 events reported (13%) 1. Kaimahi hit another car while parking.

Minor damage to vehicle only.

2. Contractor exiting the wrong way out of the car park nearly had a collision with a staff member.

Structural Integrity of buildings 2 events reported (13%) 1. Office ceiling. Panel in meeting room

damaged and warped. At risk of falling on someone’s head.

2. A fire burnt down a Green Park Hut dwelling. No one in residence at the time. It was considered suspicious by Police.

Cultural harm 1 event reported (7%) 1. Whakatau turned into a Pōwhiri. Staff

gathered at the Marae ready for a whakatau unprepared for the requirements of a Pōwhiri.

Contractor breaches 2 events reported 1. Unsafe act – Contractor working at

heights – unsafe ladder used onsite 2. Contractor did not complete a Safety

Plan before commencing work.

Events reported – ‘other events’ category: 10 events this quarter. 0x Medical Treatment Injuries (MTI): 6x Hazards reported: 1. Desk set up 2. Desk set up 3. Camera on wall in Aoraki 4. Security breach 5. Trip Hazard 6. Trip Hazard

APPENDIX ONE 4x First-Aid Injuries (FAI): 1. Kaimahi sprained ankle exiting

vehicle – Lost time injury-1 day. 2. Scratched finger during Manawa

Hou 3. Rangatahi reported feeling faint

at Manawa Hou (concussed week prior)

4. Rangatahi burnt while cooking at Manawa Hou

Learning opportunities and necessary improvements identified Key focus for next quarter: Mental Health for kaimahi is a key priority.

- Training applied - Mental Health Awareness Week Campaign planned

Ensure staff have information and training to assist with ergonomic risks. Incidents relating to “Dealing with abusive people” featured prominently in the FY18 stats. Additional training will be offered to staff Low level interpersonal conflict resolutions: 1 x reported for Q1.

Figure 2 – Events reported per quarter with previous year comparison

6.1


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1. Operational Excellence Ensuring excellent operational practices that are compliant with the Health and Safety at Work Act (2015). Te Rūnanga o Ngāi Tahu is responsible for the health, safety and welfare of all participants during our hosted activities/programs. A key focus this quarter was the development of a Child Safety Procedure. This Procedure highlights fundamental strategies to keep both staff and children safe. An internal review of our H&S leadership practices was completed by Steve McFadden with recommendations for improvement added to our FY19 Health, Safety and Wellbeing Strategy (Provided to Te Rūnanga in August). Progress against strategy: FY19 Strategy and key projects have been approved and activities are underway. Terms of Reference drafted to engage a contractor to perform an assessment of our Tribal Properties Health and Safety Management. Training: 4 H&S training records completed Q1. Key: JMP – Journey Management Plan CSMP – Cultural Safety Management Plan Events H&S Form Task Analysis Figure 3 - Number of safety plans completed for Q1 across FY18 and FY19

2. Wellbeing Culture

3. Visible Leadership Ensuring effective leadership practices to achieve a sustainable H&S culture change. Progress against strategy: Te Rūnanga Representatives invited to 26 November Steering hui Figure 4 – Steering Group Hui attendance by GM’s for Quarter 1 against target Figure 5 – Total ‘actual’ versus ‘planned’ safety conversations completed for year-to-date

Enabling a holistic and proactive approach to employee hauora to reflect our uniquely Ngāi Tahu workplace setting. Progress against strategy: KPI - 1x Wellbeing initiative per quarter:

1. Trialled a Bootcamp for beginners session 2. Reviewed current Employee Assistance Program. Tendered and selected a new

provider who aligns more with our values and wellbeing program 3. H&S Advisor led staff Wellbeing Focus Groups to identify key needs. 6.1


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He Pepa Whakataunga (Decision Paper): Charter Amendment for “Head Office” Address Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 2


Nā: Chief Executive Officer

Ki a: Te Rūnanga o Ngai Tahu (“Te Rūnanga”)

Te Kaupapa: Charter Amendment for “Head Office” Address

Te Kaituhi: Chris Ford

Te Rā: November 2018


1.1 The purpose of this paper is to seek Te Rūnanga’s approval to amend the Charter to record the “Head Office” address for Te Rūnanga and Ngāi Tahu Charitable Trust (“NTCT).


2.1 As a body corporate established by statute Te Rūnanga has a number of statutory requirements which it must abide by. Section 19(2) of the Te Rūnanga o Ngāi Tahu Act 1996 (“the Act”) requires that whenever the address of the Head Office of Te Rūnanga is changed, notice of this change must be published in the Gazette (the Gazette is the official newspaper of the Government, published by the Department of Internal Affairs).

2.2 The designation of a Head Office address under the Act and the Charter is significant because various statutory and Charter obligations upon Te Rūnanga and in relation to Te Rūnanga in terms of record keeping, access to resolutions and other records and the service of legal documents make reference to ‘Head Office’.

2.3 In April 2015 Te Rūnanga:

(i) amended the “Head Office” for Te Rūnanga and NTCT to 15 Show Place, Addington, Christchurch 8024.

(ii) as the Trustee of NTCT, changed the Registered Office of the NTCT to Te Whare o Te Waipounamu, 15 Show Place, Addington, Christchurch 8024.

2.4 The Gazette was formerly notified of the change to the Head Office address and was published accordingly.

2.5 At the time, the wording of the Charter was not amended to record the change to the Head Office (although Te Rūnanga passed a resolution agreeing, in principle, to amend the wording of the Charter). The reason the wording of the Charter was not actually changed is Charter changes are generally approved from time to time in principle and then actually approved as a group. There have not been any Charter changes since April 2014.

2.6 Approval from Te Rūnanga to amend the wording of the Charter is now sought.

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He Pepa Whakataunga (Decision Paper): Charter Amendment for “Head Office” Address Te Rūnanga o Ngāi Tahu – 23 November 2018

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3.1 It is proposed that Te Rūnanga agree to amend the Charter by deleting the current Head Office definition and replacing it with the following:

“Head Office” means Te Whare o Te Waipounamu, 15 Show Place, Addington, Christchurch 8024 or such other office as Te Rūnanga may from time to time designate and notify publicly in accordance with the provisions of the Act.

4. SPECIAL RESOLUTION

4.1 Approval of the proposed Charter change set out in this paper requires a Special Resolution of Te Rūnanga. A Special Resolution is one that has at least 14 votes supporting the resolution.

4.2 Under the Charter any meeting where a Special Resolution is passed needs to have at least 28 days’ notice (Ordinary Resolutions require at least 14 days’ notice) unless Te Rūnanga agrees to a shorter notice period. The Office confirm more than 28 days’ notice of the current meeting were given.

5. HE MAHERE MAHI (FURTHER WORK PLANNED) 5.1 Provided Te Rūnanga agrees to amend the Charter as proposed an updated version

will be added to the Governance Page and will be able to be accessed by all Rūnanga Representatives and Alternates.

6. NGA WHAKATAUNGA (IMPLICATIONS)

6.1 Consistency with Ngāi Tahu 2025 - Consistent

6.2 Consistency with Previous Policy Decisions - Consistent

6.3 Consistency with Ngāi Tahu Values - Consistent 6.4 Financial Implications - No financial implications

6.5 Legal Implications – The Charter will be amended as outlined.

6.6 Information Technology Implications - No IT implications

7. KO NGĀ WHAKATAU (RECOMMENDATIONS):

It is recommended that Te Rūnanga:

a) receives this paper; and

b) by Special Resolution approves the current definition of Head Office be deleted from the Charter and replaced with the following:

“Head Office” means Te Whare o Te Waipounamu, 15 Show Place, Addington, Christchurch 8024 or such other office as Te Rūnanga may from time to time designate and notify publicly in accordance with the provisions of the Act.

Chris Ford – General Counsel

Date: November 2018


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Decision Paper: Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 5


Nā: Te Here Ki a: Te Rūnanga o Ngāi Tahu (“Te Rūnanga”)

Te Kaupapa: Policy Review - Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere

Te Kaituhi: Chris Ford Te rā: November 2018

1. WHĀINGA (PURPOSE)

The purpose of this paper is to seek Te Rūnanga’s approval to various amendments / revisions to Te Rūnanga Policy on the Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere (the “Policy”) and consequential amendments to the Charter and Standing Orders.


2.1 The Policy sets out the procedure for Te Rūnanga o Ngāi Tahu (“Te Rūnanga”) to appoint the Kaiwhakahaere and Deputy Kaiwhakahaere.

2.2 Since the adoption of the Policy in 2010 the Policy has generally worked effectively. In particular, some of the key policy drivers embedded in the Policy were successful parts of the process.

2.3 A review of the Policy was initiated in 2016 and was then paused because Tā Mark Solomon’s role was about to come to an end. It was not considered appropriate to review the Policy whilst an appointment process was being undertaken (or was imminent).

2.4 Te Here considered this Policy in August 2016 and September 2016. Te Here gave the Office feedback on the Policy and that feedback was incorporated into a paper that was submitted to Te Here in September 2018. Te Here approved all the recommendations from the Office in September 2018 and these are set out in this paper.


3.1 The main changes proposed to the Policy shown through a ‘tracked changes’ version of the Policy attached at Appendix One, are;

3.1.1 Clause 1.2 as Te Here identified in August 2016 at present under the Policy and Charter the Kaiwhakahaere and/or Deputy Kaiwhakahaere is appointed by an “Ordinary Resolution” of Te Rūnanga. It is technically possible for an Ordinary Resolution to be passed, and therefore a Rūnanga Representative to be appointed

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as Kaiwhakahaere or Deputy Kaiwhakahaere, with less than 10 votes (ie less then majority support of the Table). For example where 13 Rūnanga Representatives attend the Meeting (hence there is a quorum) and 7 Rūnanga Representatives vote in favour of a Candidate. Te Here requested the Policy be amended to provide for someone to be elected as Kaiwhakahaere or Deputy Kaiwhakahaere they must receive at least 10 votes and therefore have the support of the Table.

This Policy change conflicts with the Charter so will require a Charter change to be implemented. There are a significant number of consequential changes to the Charter and Standing Orders as a result of this proposed amendment. The proposed changes to the Charter and Standing Orders are set out at Appendix Three.

3.1.2 Clause 2.1.3 has been changed to provide that an election will take place if the incumbent Kaiwhakahaere or Deputy Kaiwhakahaere resigns from office. This possible scenario wasn’t specifically covered by the Policy so this was a gap in the scope of the existing Policy. A change has been made to clause 3.1.3 to also address this same point.

3.1.3 Clause 2.1.4 has been changed to provide that an election will take place if the incumbent Kaiwhakahaere or Deputy Kaiwhakahaere is removed from office under clause 6.14(c)(ii) of the Charter (this clause allows Te Rūnanga to remove the Kaiwhakahaere or Deputy Kaiwhakahaere from office). This possible scenario wasn’t covered by the Policy so this was a gap in the scope of the existing Policy. A change has been made to clause 3.1.4 to also address this same point.

3.1.4 Clause 4.2.2 has been added to address the situation where there is one Candidate who does not receive sufficient votes to be elected. This possible scenario wasn’t covered by the Policy so this was a gap in the scope of the existing Policy. Please note the voting process is set out in the flow diagrams at Appendix Four.

3.1.5 Clause 4.2.2(i)/4.3.2(ii) has been added to address the situation where there is either one or two Candidates who do not receive sufficient votes to be elected. The new approach set out in the Policy is for the vote to be adjourned to the next Meeting and if the vote at the next Meeting is inconclusive then the election process restarts from scratch. The existing Policy provides that in this deadlock situation the longest serving Candidate is declared elected.

3.1.6 Clause 4.3.2 has been added to address the situation where there are two Candidates and neither Candidate has sufficient votes to be elected. For example where one Candidate gets 9 votes, the other Candidate gets 8 votes and one voter abstains. This possible scenario wasn’t covered by the Policy so this was a gap in the scope of the existing Policy.

3.1.7 Clause 4.5 has been amended to more clearly cover the situation where a Candidate needs to be eliminated from the vote (but there’s a tie) of all Candidates the newest Rūnanga Representative (not including the incumbent) drops out and there’s a revote;

3.1.8 Clause 5.5 has been amended to provide that appointing a scrutineer can happen at any time before the election takes place (ie the requirement to give notice appointing the scrutineer a day before the election has been removed).

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3.1.9 Clause 5.7 this clause has been added to cover the situation where the Kaiwhakahaere role becomes vacant. In these circumstances it is proposed the Deputy Kaiwhakahaere shall act as the Kaiwhakahaere (as per the Deputy Kaiwhakahaere role description approved by Te Rūnanga in 2012) but won’t be considered the “incumbent Kaiwhakahaere” for the purposes the Policy. This was not covered by the Policy so this was a gap in the scope of the existing Policy.

4. SPECIAL RESOLUTION

4.1 Approval of the proposed Charter changes set out in this paper requires a Special Resolution of Te Rūnanga. A Special Resolution is one that has at least 14 votes supporting the resolution.

4.2 Under the Charter any meeting where a Special Resolution is passed needs to have at least 28 days’ notice (Ordinary Resolutions require at least 14 days’ notice) unless Te Rūnanga agrees to a shorter notice period. The Office confirm more than 28 days’ notice of the current meeting were given.

5. CHARTER QUERY

5.1 During the Kaiwhakahaere and Deputy Kaiwhakahaere election process that took place in November 2017 a query arose regarding the correct interpretation of the Charter.

5.2 The query was whether those voting in the Kaiwhakahaere and Deputy Kaiwhakahaere election process: (i) were obliged to follow instructions from their Papatipu Rūnanga on who to

vote for; or (ii) whether section (8 Fundamental Duty) of the Charter applied meaning if the

Rūnanga Representative believed on reasonable grounds that it is in the best interests of Ngāi Tahu Whānui as a whole that a different candidate be appointed then the Rūnanga Representative should vote for the other candidate.

5.3 The Office gave advice that the Charter should be interpreted in accordance with 5.2(ii) above. This interpretation was peer reviewed by Bell Gully who agreed it was the correct interpretation of the Charter as drafted.

5.4 Advantages of Rūnanga Representatives being obliged to vote as they are instructed by their Papatipu Rūnanga in the Kaiwhakahaere and Deputy Kaiwhakahaere election include: (i) This would recognise tino rangatiratanga of Papatipu Rūnanga; (ii) Some may argue this approach appropriately reflects Te Rūnanga’s intention

that the Kaiwhakahaere and Deputy Kaiwhakahaere are appointed by Papatipu Rūnanga (others may not accept this view);

(iii) This may increase the likelihood the Kaiwhakahaere and Deputy Kaiwhakahaere are responsive to Papatipu Rūnanga (because Papatipu Rūnanga decide who to appoint as Kaiwhakahaere and Deputy Kaiwhakahaere);

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5.5 Disadvantages of Rūnanga Representatives being obliged to vote as they are instructed by their Papatipu Rūnanga in the Kaiwhakahaere and Deputy Kaiwhakahaere election include: (i) A person may be elected as Kaiwhakahaere or Deputy Kaiwhakahaere who

does not have the support of the Table (i.e. because Rūnanga Representatives were obliged to vote for a candidate who they don’t support). There is a significant risk this could to lead to dysfunction at the Table.

(ii) Rūnanga Representatives are likely to have access to more information about the candidates for Kaiwhakahaere and Deputy Kaiwhakahaere than Papatipu Rūnanga and may be aware of information that means a candidate who their Papatipu Rūnanga supports is not the best choice for Kaiwhakahaere or Deputy Kaiwhakahaere;

(iii) This may decrease the likelihood the Kaiwhakahaere and Deputy Kaiwhakahaere are focussed on the cohesion of the Table (because their focus may be on support at Papatipu Rūnanga level);

(iv) Papatipu Rūnanga processes to decide who their Papatipu Rūnanga should vote for may become contentious and subject of dispute. Such disputes could open the Kaiwhakahaere and Deputy Kaiwhakahaere election process up to dispute;

(v) The interests of Ngāi Tahu Whānui who engage actively with a Papatipu Rūnanga (who are a minority) may be given priority over the majority of Ngāi Tahu Whānui. This could create legal issues as Rūnanga Representatives have fiduciary obligations to all Ngāi Tahu Whānui.

(vi) This approach may open the floodgates to Papatipu Rūnanga considering they can oblige Rūnanga Representatives to vote as directed on all matters and this would undermine the governance structure of the Table.

5.6 The advantages and disadvantages of interpreting the Charter in accordance with 5.2(ii) are largely the reciprocal to those set out above at 5.5 and 5.6.

5.7 At their September 2018 meeting Te Here provided feedback on this issue. Te Here supported the current interpretation as being the correct interpretation of the Charter and the right policy to apply in this situation. Te Here did not see any need for the current approach to change.


Provided Te Rūnanga approve the proposed changes to the Policy, the Charter and Standing Orders the changes will immediately come into effect.


7.1 Consistency with Ngāi Tahu 2025 – Yes, the proposed changes seek to plug holes in the existing Policy.

7.2 Consistency with Previous Policy Decisions – Yes

7.3 Consistency with Ngāi Tahu Values – Yes

7.4 Financial Implications – None

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7.5 Legal Implications – The legal issues arising from this review are as set out in the paper.

7.6 Information Technology Implications – None


8.1 Internal Consultation – Te Here, the CEO, COO and General Counsel have been consulted on the proposed changes

8.2 External Consultation – Bell Gully provided advice on the Charter Query highlighted above

9. TAUTUKUNGA (COMPLIANCE)

No material compliance issues arise from this paper.

10. KO NGĀ WHAKATAU (RECOMMENDATIONS) That Te Runanga:

a) Receive the paper;

b) Approves the amendments proposed on the Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere as set out in Appendix One;

c) Approves the amendments proposed to Standing Orders as set out in Appendix Three;

d) by Special Resolution, approves the amendments proposed to the Charter as set out in Appendix Three.

11. ĀPITIHANGA (APPENDICES) Appendix One – “Tracked change” version of Te Rūnanga Policy on the Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere Appendix Two – Current Te Rūnanga Policy on the Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere Appendix Three – Proposed Charter and Standing Order changes Appendix Four - Flow Charts showing voting process proposed in Policy.

Author Date: November 2018


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APPENDIX ONE

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Te Rūnanga o Ngāi Tahu Policy - Appointment of Kaiwhakahaere and Deputy Kaiwhakahaere

Process for the Election of the Kaiwhakahaere and Deputy Kaiwhakahaere pursuant to clause 6.14 of the Charter as at September August 20183.

1. Definitions: the following definitions apply to this policy; terms defined in the Charter have the same meaning in this policy.

1.1 “Request for Nomination” means written notice giving Members 30 calender days (”the Nomination Period”) to consider nominating their Rūnanga Representative (or another Rūnanga Representative) for the role(s) of Kaiwhakahaere and/or Deputy Kaiwhakahaere if the Member considers that appropriate. The Request for Nomination shall also include a timetable for the election process for the Kaiwhakahaere and/or Deputy Kaiwhakahaere and such other information as the Secretary considers appropriate.

1.2 “Majority” means 10 votes or more at a valid Te Rūnanga Meeting.

1.3 “Nomination” means a written notice from a Member nominating their Rūnanga Representative (or another Rūnanga Representative) for the role(s) of Kaiwhakahaere and/or Deputy Kaiwhakahaere. Each Member may only submit one (1) Nomination for Kaiwhakahaere and one (1) Nomination for Deputy Kaiwhakahaere per election process. The Nomination must include the following:

• confirmation from the Member they are willing for their Rūnanga Representative to stand for and perform the role(s) of Kaiwhakahaere and/or Deputy Kaiwhakahaere (if the Nomination relates to their Rūnanga Representative).

• the signature of the Rūnanga Representative confirming he/she is prepared to stand for and perform the role(s) of Kaiwhakahaere and/or Deputy Kaiwhakahaere.

The Nomination may include a personal statement from the Rūnanga Representative at his/her discretion. The Secretary shall provide rules relating to the size and content of such personal statements in the Request for Nomination.

2. Secretary initiates election for Kaiwhakahaere and/or Deputy Kaiwhakahaere

2.1 An election for the role(s) of Kaiwhakahaere and/or Deputy Kaiwhakahaere shall take place if:

2.1.1 The incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere ceases to hold office as a Rūnanga Representative; or

2.1.2 Hhis/her term as Kaiwhakahaere and/or Deputy Kaiwhakahaere is due to expire within three (3) months;

2.1.23 The incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere gives written notice resigning from office;

2.1.4 The incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere is removed from their role(s) pursuant to clause 6.14(c)(ii) of the Charter;

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2.1.5 The Secretary receives an election request signed by 10 or more Rūnanga

Representatives or 10 or more Members (“Election Request”).

2.2 It is the responsibility of the Secretary to make the necessary arrangements and run the election in accordance with this policy.

3. Election Process

3.1 Seeking Nominations for Kaiwhakahaere and/or Deputy Kaiwhakahaere

The Secretary shall issue a Request for Nomination to all Members within 14 calendar days’ of either:

3.1.1 the incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere ceasing to hold office as a Rūnanga Representative; or

3.1.2 the date three (3) months before the expiry of the term of the incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere;

3.1.3 (where Kaiwhakahaere and/or Deputy Kaiwhakahaere has resigned) the date which: (i) (if the notice is three months or longer) is three (3) months before the

resignation of the incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere is effective; or

(ii) (if the notice is less than three (3) months) the incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere submits their resignation to Te Rūnanga.

3.1.4 the incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere being removed from

their role(s) pursuant to clause 6.14(c)(ii) of the Charter;

3.1.33.1.5 receipt of an Election Request.

3.2 Nominations for Kaiwhakahaere and/or Deputy Kaiwhakahaere by Papatipu Rūnanga

If a Member so choses they may submit a Nomination to the Secretary. No Rūnanga Representative is elligible to be elected as Kaiwhakahaere or Deputy Kaiwhakahaere unless they have the support of their Member by way of a valid Nomination nominating them for the role.

3.3 If no Nominations Received

If the Secretary receives no valid Nominations during the Nomination Period then the Secretary shall issue a new Request for Nomination within 10 calendar days’ of the Nomination Period ending and the process shall be repeated until a valid Nomination is received.

3.4 Election Decision Paper

Provided a valid Nomination has been recevied, the Secretary shall ensure that a Decision Paper is included in the next Te Rūnanga Meeting general papers (i.e. not In Committee papers) issued following the end of the Nomination Period that:

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3.4.1 Proposes the following Ordinary Resolutions:

(i) That Te Rūnanga holds an election for Kaiwhakahaere and/or Deputy Kaiwhakahaere at the Meeting and notes those Rūnanga Representative(s) who have been nominated by their Member and accordingly, are elligible to be considered for the role(s)(“the Candidates”).

(ii) That the term of office for the Kaiwhakahaere and/or Deputy Kaiwhakahaere to be appointed shall be three (3) years (“the Term”) and the Term shall commence at the conclusion of the election process.

(iii) That if the election results in a new Kaiwhakahaere and/or Deputy Kaiwhakahaere being appointed the previous Kaiwhakahaere and/or Deputy Kaiwhakahaere’s appointment(s) shall end upon the appointment of the new Kaiwhakahaere and/or Deputy Kaiwhakahaere.

3.4.2 Attaches all Nominations received during the Nomination Period.

3.5 Election

3.5.1 Provided Te Rūnanga passes the resolution detailed at 3.4.1(i) the election shall follow immediately after Te Rūnanga has confirmed the Term for the role(s).

3.5.2 If Te Rūnanga does not pass the resolution detailed at 3.4.1(i) then no election shall take place and that election process shall end and the incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere shall continue in their roles unless Te Rūnanga decides otherwise.

3.5.3 The election shall be held at a Meeting which is open to members of Ngāi Tahu

Whānui. The election (including consideration of the resolutions above at 3.4.1) shall be the first agenda item at the Meeting following Karakia. If there is no quorum the election shall be held at Te Rūnanga’s next Meeting where there is a quorum.

3.5.4 Before the election vote takes place each Candidate shall korero to their nomination for such maximum period as the Secretary shall nominate. The Candidates speeches shall not be interrupted. Following korero from all the Candidates a question time shall follow where Rūnanga Representatives shall have the opportunity to ask the Candidates questions. The Secretary will set the rules relating to this question time and it is acknowledged that time and other constraints may prevent all Rūnanga Representatives being able to ask questions.

3.5.5 The method of voting shall be by show of hands with the order of voting being determined by the Secretary on a random basis.

3.5.6 Each Rūnanga Representative will be entitled to cast one vote per role.

3.5.7 For the avoidance of doubt:

(i) Candidates are entitled to vote for themselves.

(ii) Rūnanga Representatives are entitled to abstain from voting at their discretion.

(iii) Alternate Rūnanga Representatives are entitled to vote in the election as detailed in the Charter.

(iv) Proxy’s are allowed as detailed in the Charter.

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3.5.8 Immediately following the election vote and in the presence of those scrunteers that choose to be present, the Secretary shall count the votes, ascertain the result of the vote and announce the result to the Meeting. The votes of each Rūnanga Representative shall be recorded in writing by the Secretary and provided to all Members in the Meeting minutes and provided to those members of Ngāi Tahu Whānui present at the Meeting.

4 Election Result

4.1 A Candidate who recieves a Majoritymore than half of the votes cast shall be declared the Kaiwhakahaere or Deputy Kaiwhakahaere for the Term.

If there is one (1) Candidate

4.2 If there is one (1) Candidate and the Candidate:

4.2.1 recieves a Majority then the Candiate shall be declared the Kaiwhakahaere or Deputy Kaiwhakahaere for the Term;

4.2.2 does not recieve a Majority then there shall be a revote(s) until either the Candidate receives a Majority or the Secretary considers there is no reasonable likelihood that the Candidate will receive a Majority in which case the election process will be called to an end and:

(i) should the incumbent holder of the office be the Candidate in the election then (provided he/she has not withdrawn) he/she will be declared duly elected for the Term;

(ii) should the incumbent holder of the office not be the Candidate in the election, then the Secretary will adjourn the vote until Te Rūnanga’s next Meeting. If the vote at that Meeting remains inconclusive the Secretary will issue a new Request for Nomination and restart the election process.

If there are two (2) Candidate

4.3 If there two (2) Candidates and one (1) Candidate:

4.3.1 recieves a Majority then that Candiate shall be declared the Kaiwhakahaere or Deputy Kaiwhakahaere for the Term;

4.3.2 does not recieve a Majority then there shall be a revote(s) until either one (1) Candidate receives a Majority or the Secretary considers there is no reasonable likelihood that a Candidate will receive a Majority in which case the election process will be called to an end and: (i) should the incumbent holder of the office be a Candidate in the election

then (provided he/she has not withdrawn) he/she will be declared duly elected for the Term (even if he/she had been eliminated earlier in the election process);

(ii) should the incumbent holder of the office not be a Candidate in the election, then the Secretary will adjourn the vote until Te Rūnanga’s next Meeting. If the vote at that Meeting remains inconclusive the Secretary will issue a new Request for Nomination and restart the election process.

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I If there are more than two (2) Candidate

4.4 If there are more than two (2) Candidates and one (1) Candidate:

4.4.1 recieves a Majority then that Candiate shall be declared the Kaiwhakahaere or Deputy Kaiwhakahaere for the Term;

4.4.2 does not recieve a Majority then there shall be a revote(s) until either one (1) Candidate receives a Majority or the Secretary considers there is no reasonable likelihood that a Candidate will receive a Majority in which case the Candidate who received the least votes in the last ballot will be eliminated and there will be a revote.

4.4.3 whilst there are more than two (2) Candidates the process of dropping off the bottom Candidate and revoting shall continue until one Candidate receives a Majority (and is therefore duly elected) or until only two (2) Candidates remain. If only two (2) Candidates remain the rules set out at clause 4.3 shall apply.

4 f there are more then two Candidates and the voting results in no Candidate receiving more than half of the votes cast then the Candidate with the least votes will be eliminated and a further vote held.

4.44.5 4.3 Should clause 4.4 apply and there is a need to eliminate the Candiate with the least votes in the last ballot but there is a In the event of a tie for last place (or all Candidates receive equal votes) (or in the event of a tie if there is only two Candidates), then the Candidate (who is not the incumbent) who has served the shortest period1 as a Rūnanga Representative shall be eliminated from the process. :

Should the incumbent holder of the role and one other Candidate be involved in the voting tie, then the other Candidate with the same amount of votes will be eliminated from the election process; Should the incumbent holder of the role not be involved in the voting tie, or should there be more than one Candidate tied with the incumbent holder of the role for last place, then the Candidate who has served the shortest period as a Rūnanga Representative shall be eliminated from the election process

.

The voting shall continue until either: 4.4.1 a Candidate receives more than half of the votes cast in which case that Candidate will be

duly elected as Kaiwhakahaere or Deputy Kaiwhakahaere, or the Secretary considers there is no reasonable likelihood that any Candidate will receive more than

half of the votes cast in which case the election process will be called to an end and: should the incumbent holder of the office be a Candidate then he/she will be declared duly elected

for the Term; should the incumbent holder of the office not be be a Candidate, then the Candidate who has

served longest as a Rūnanga Representative shall be declared duly elected for the Term.

5. Further Rules

5.1 A Candidate may withdraw from the election process and no longer be a Candidate at any

1 In assessing which Rūnanga Representative has served the shortest period as a Rūnanga Representative all terms as a Rūnanga Representative will be taken into account, not just the most recent unbroken continuous term served by the Candidates.

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time by notifying the Secretary either verbally or in writing. The Secretary shall promptly advise all Members and Rūnanga Representatives that the Candidate has withdrawn from the election process.

5.2 Any Candidate will automatically be disqualified from the election if they cease to hold office as a Rūnanga Representative.

5.3 At all times the election shall be carried out in accordance with the Te Rūnanga o Ngāi Tahu Code of Conduct.

5.4 The Secretary’s decision is, subject to compliance with the Te Rūnanga o Ngāi Tahu Act and Charter, final on all matters affecting the eligibility of Candidates, the conduct and results of an election and such other matters as may from time to time arise in relation to the election.

5.5 Each Candidate is entitled to appoint one scrutineer by giving the Secretary notice in writing or verbally before the day of the election takes place.

5.6 The Secretary shall ensure that all Election Requests, Requests for Nomination, Nominations and the Election Decision Paper are promptly forwarded to Members and published on the Te Rūnanga o Ngāi Tahu intranet site and Te Rūnanga o Ngāi Tahu internet site available for viewing by members of the Ngāi Tahu whānui.

5.7 Should the Kaiwhakahaere role become vacant then the Deputy Kaiwhakahaere (if any) shall act as the Kaiwhakahaere until a new Kaiwhakahaere is appointed pursuant to this policy but the the Deputy Kaiwhakahaere shall not be considered “the incumbent Kaiwhakahaere” under this policy.

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APPENDIX TWO

(Te ROnanga o Ngai Tahu Policy -Appointment of Kaiwhakahaere and Deputy

Kaiwhakahaere Process for the Election of the Kaiwhakahaere and Deputy Kaiwhakahaere pursuant to clause 6.14 of the Charter as at August 2013.

1. Definitions: the following definitions apply to this policy; terms defined in theCharter have the same meaning in this policy.

1.1 "Request for Nomination" means written notice giving Members 30 calender days("the Nomination Period") to consider nominating their Runanga Representative (oranother Runanga Representative) for the role(s) of Kaiwhakahaere and/or DeputyKaiwhakahaere if the Member considers that appropriate. The Request forNomination shall also include a timetable for the election process for theKaiwhakahaere and/or Deputy Kaiwhakahaere and such other information as theSecretary considers appropriate.

1.2 "Nomination" means a written notice from a Member nominating their ROnangaRepresentative (or another Runanga Representative) for the role(s) ofKaiwhakahaere and/or Deputy Kaiwhakahaere. Each Member may only submit oneNomination for Kaiwhakahaere and one Nomination for Deputy Kaiwhakahaere perelection process. The Nomination must include the following:

• confirmation from the Member they are willing for their RunangaRepresentative to stand for and perform the role(s) of Kaiwhakahaere and/orDeputy Kaiwhakahaere (if the Nomination relates to their ROnangaRepresentative).

• the signature of the Runanga Representative confirming he/she is prepared tostand for and perform the role(s) of Kaiwhakahaere and/or DeputyKaiwhakahaere.

The Nomination may include a personal statement from the ROnanga Representative at his/her discretion. The Secretary shall provide rules relating to the size and content of such personal statements in the Request for Nomination.

2. Secretary initiates election for Kaiwhakahaere and/or DeputyKaiwhakahaere

2.1 An election for the role(s) of Kaiwhakahaere and/or Deputy Kaiwhakahaere shalltake place if:

2.1.1 The incumbent Kaiwhakahaere and/or Deputy Kaiwhakahaere ceases to holdoffice as a Runanga Representative or his/her term as Kaiwhakahaere and/or Deputy Kaiwhakahaere is due to expire within three months;

2.1.2 The Secretary receives an election request signed by ten or more Runanga Representatives or ten or more Members ("Election Request").

2.2 It is the responsibility of the Secretary to make the necessary arrangements and run the election in accordance with this policy.

1

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APPENDIX THREE

Page 1 of 3

PROPOSED CHARTER CHANGES AND STANDING ORDER CHANGES

New Definition for Clause 1.1

“Majority Resolution”1 means a resolution of the Members which has been approved at a Meeting by 10 or more of those Members who are represented by their respective Rūnanga Representatives or Alternate Rūnanga Representatives or by proxy, and which:

(a) has been incorporated in the notice convening the meeting at which it is to be proposed as a

Majority Resolution; or

(b) has been introduced in accordance with this Charter and Standing Orders for consideration

by Te Rūnanga;

“Register of Resolutions” means the register maintained by the Office of Te Rūnanga in which are listed copies of every Special Resolution, Majority Resolution and Ordinary Resolution passed at a Meeting of Te Rūnanga in accordance with clause 20;

6.14 Election of Kaiwhakahaere and Deputy Kaiwhakahaere:

(a) the Members, represented by their respective Rūnanga Representatives or Alternate

Rūnanga Representatives, will at such time as they may select, appoint by Majority

Resolution one of the Rūnanga Representatives to the office of Kaiwhakahaere and

another Rūnanga Representative to the office of Deputy Kaiwhakahaere. A person

elected to the office of Kaiwhakahaere or Deputy Kaiwhakahaere will hold that office

until whichever is the earlier of his/her ceasing to be a Rūnanga Representative or

the end of his/her term of office;

(b)

(i) a Rūnanga Representative retiring from the office of Kaiwhakahaere or DeputyKaiwhakahaere will, subject to the approval of the Papatipu Rūnanga, whichhe/she represents, be entitled to offer themselves for subsequent election toeither office;

(ii) all other candidates for the office of Kaiwhakahaere and Deputy Kaiwhakahaere

shall also require the approval of the Papatipu Rūnanga he/she represents to be

entitled to offer themselves for election to either office;

(c) the Members, represented by their respective Rūnanga Representatives or Alternate

Rūnanga Representatives, may by Ordinary Resolution determine:

i) that the period of appointment to the office of Kaiwhakahaere or Deputy

Kaiwhakahaere is to be more or less than three (3) years;

ii) to remove any person from the office of Kaiwhakahaere or Deputy

Kaiwhakahaere at any time before the end of the term for which that person

has been appointed to that office;

(d) save as provided for above, the election process for appointment of the

Kaiwhakahaere and Deputy Kaiwhakahaere shall be decided by Te Rūnanga;

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13.2 Regular Meetings:

In addition to the Annual General Meeting, the Members represented by their respective Rūnanga Representative or Alternate Rūnanga Representative may in the course of any Meeting of Te Rūnanga, agree to convene one or more Meetings on a date or dates which they in their discretion fix. Meetings convened following such decisions by Te Rūnanga will be Regular Meetings and Te Rūnanga will specify an Annual General Meeting as such in the notice calling it. Notice of a Regular Meeting must be given to the Members, their Rūnanga Representatives and Alternate Rūnanga Representatives either:

(a) in the case of a Meeting at which it is proposed that a Special Resolution be put, 28

clear days before that Meeting unless consent to a shorter period of notice is given

pursuant to sub-clause 15.8; or

(b) in the case of a Meeting at which it is proposed that an Ordinary Resolution or

Majority Resolution be put, 14 days before the Meeting, unless consent to a shorter

period of notice is given pursuant to sub-clause 15.8.

15.3 Ordinary Resolutions and Majority Resolutions:

Any resolution of Te Rūnanga, other than a resolution validly proposing a change to the Charter or a resolution under 6.16, is to be put as an Ordinary Resolution or a Majority Resolution.

15.5 Notice of Ordinary Resolutions and Majority Resolutions:

Notice of a resolution which is proposed to be put at a Meeting as an Ordinary Resolution or a Majority Resolution is to be given:

(a) by not less than 14 Clear Days’ notice in writing to the Members, their Rūnanga

Representatives and their Alternate Rūnanga Representatives; or

(b) in accordance with Standing Orders.

15.8 Short Notice:

Any Meeting of Te Rūnanga:

(a) of which less than 14 Clear Days’ notice in writing has been given, and at which it is

proposed to put one or more Ordinary Resolutions and/or one or more Majority

Resolutions will be deemed to have been properly convened if, before the Meeting

proceeds to business, a majority in number of the Members represented by their

respective Rūnanga Representatives or Alternate Rünanga Representatives agree

that the Meeting is, notwithstanding the shorter period of notice, deemed to be

properly convened;

(b) of which less than 28 Clear Days’ notice in writing has been given and at which it is

proposed to put one or more Special Resolutions, will be deemed to have been

properly convened if before the Meeting proceeds to business, all of the Members

represented by their respective Rūnanga Representatives or Alternate Rūnanga

Representative2 agree in writing that the Meeting is, notwithstanding the shorter

period of notice, deemed to be properly convened.

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16.3 Quorum for Ordinary Resolutions or Majority Resolutions:

Subject to sub-clause 16.4, the quorum for a Meeting at which the only resolutions to be proposed are Ordinary Resolutions and/or Majority Resolutions is 12 Members represented by their respective Rūnanga Representatives, Alternate Rünanga Representatives or by proxy.

16.4 Meeting adjourned:

If within one (1) hour of the time appointed for a Meeting at which the only resolutions to be proposed are Ordinary Resolutions or Majority Resolutions, a quorum is not present, the Meeting is to stand adjourned until the tenth Business Day following that adjournment. On that later Business Day the Meeting will be held at the same time and in the same place as the adjourned Meeting. If a quorum is not present within one (1) hour from the time appointed for that adjourned Meeting, the Members represented by their Rūnanga Representatives, Alternate Rūnanga Representatives or by proxy will constitute a quorum.

16.14 Standing Orders:

(a) Te Rūnanga may from time to time, by Ordinary Resolution adopt, amend or rescind

the “Standing Orders”;

(b) subject to sub-clause 16.14(c), Standing Orders may include, without limitation,

regulations relating to:

i) the preparation and circulation of agenda and Meeting papers and

information for consideration at Meetings;

ii) the tabling of and proposing of Ordinary Resolutions, Majority Resolutions

or Special Resolutions at Meetings, specific notice of which has not been

incorporated in any relevant notice of Meeting;

iii) the timetabling and order of business at Meetings and the formulation of

agenda;

iv) rules of debate and the behaviour of Rūnanga Representatives and Alternate

Representatives at Meetings;

v) the conduct of Meetings;

20.1 Register of Resolutions of Te Rūnanga:

There is to be kept at Head Office a Register of Resolutions of Te Rūnanga which will incorporate a printed or typewritten copy of every Special Resolution, Majority Resolution and Ordinary Resolution passed at a Meeting. That copy is to be signed by the Chairperson at the Meeting concerned and is to be filed in the Register of Resolutions within 10 Business Days of the Meeting.

Standing Order Changes

12.1 Introduction of Ordinary Resolutions at a Meeting 24

Any Ordinary Resolution or Majority Resolution may be introduced at a Meeting at Te Rūnanga’s discretion if a majority of the Rūnanga Representatives present at the Meeting agree.

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APPENDIX FOUR

ELECTION OF TE RŪNANGA O NGĀI TAHU KAIWHAKAHAERE/DEPUTY KAIWHAKAHAERE

1 CANDIDATE

One Candidate

Voting takes place

Candidate does not receive a Majority – further voting takes place

[4.2.2]

Secretary considers no reasonable likelihood that the candidate will receive a Majority. Calls the election process to

an end. [4.2.2]

Candidate receives a Majority

[4.2.1]

Declared the Kaiwhakahaere/Deputy

Kaiwhakahaere for the Term [4.2.1]

Should the incumbent holder NOT be a candidate

[4.2.2(ii)]

Should the incumbent holder be the candidate and provided he/she has

not withdrawn, he/she will be declared duly elected

[4.2.2(i)]


Kaiwhakahaere for the Term [4.2.2(i)]

The Secretary will adjourn the vote until Te Rūnanga’s next Meeting. If the vote remains

inconclusive the Secretary will issue a new Request for Nomination and restart the

election process [4.2.2(ii)]

Revote(s) takes place [4.2.2]

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2 CANDIDATES

Two (2) Candidates

Voting takes place

No candidate receives a Majority

[4.3.2]

Secretary considers no reasonable likelihood that a candidate will receive a Majority. Calls

the election process to an end. [4.3.2]

A one (1) candidate receives a Majority

[4.3.1]


Kaiwhakahaere for the Term [4.3.1]

Should the incumbent holder NOT be a candidate

[4.3.2(ii)]

Should the incumbent holder be a candidate and provided he/she has not withdrawn,

he/she be declared duly elected [4.3.2(i)]


Kaiwhakahaere for the Term [4.3.2(i)]


The Secretary will adjourn the vote until Te Rūnanga’s next Meeting. If the vote remains inconclusive the

Secretary will issue a new Request for Nomination and restart the election process.

[4.3.2(ii)]

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MORE THAN 2 CANDIDATES

More than two (2) Candidates

Voting takes place

No candidate receives a Majority

[4.4.2]

Secretary considers no reasonable likelihood that a candidate will

receive a Majority. [4.4.2]

A candidate receives a Majority

[4.4.1]


Kaiwhakahaere [4.4.1]

Candidate who received the least votes in last ballot will be eliminated and there is will be revote until either a candidate

received a Majority or two (2) candidates are left.

[4.4.2 / 4.4.3]


If two (2) candidates remain the rules set out at clause 4.3 apply.

[4.4.3]


Kaiwhakahaere for the Term

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He Pepa Whakataunga (Decision paper): TRG Compliance Policy Review Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 2


Nā: Group Head of Finance & Planning Ki a: Te Rūnanga o Ngāi Tahu (Te Rūnanga)

Te Kaupapa: Te Rūnanga Group Compliance Policy Review Te Kaituhi: Darren Beatty



1.1 To provide Te Rūnanga with proposed changes to the Te Rūnanga Group (TRG) Compliance Policy (the Policy) for review and recommendation to Te Rūnanga.


2.1 Following Te Rūnanga Audit & Risk Committee’s (TRARC’s) policy review schedule, the Policy was reviewed and approved by TRARC at their August 2018 hui.


3.1 The Policy was last reviewed in 2015.

3.2 The new version proposes merging the previously separate ‘Compliance Policy’ and ‘Compliance Processes’ documents into one.

3.3 There are no substantive changes beyond the proposed combination of the two documents.

3.4 The proposed amendments are shown in the document at Appendix 1.


4.1 Upon approval from Te Rūnanga, the Policy will next be reviewed in 2023.


5.1 Consistency with Ngāi Tahu 2025 – Yes

5.2 Consistency with Previous Policy Decisions – Yes

5.3 Consistency with Ngāi Tahu Values – Yes

5.4 Financial Implications – Yes

9

Te Rūnanga o Ngāi Tahu - 23 November 2018 - DEC: Te Rūnanga Group Compliance Policy Review

72

He Pepa Whakataunga (Decision paper): TRG Compliance Policy Review Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 2 of 2

5.5 Legal Implications – Yes

5.6 Information Technology Implications – No


6.1 Internal Consultation – Yes, Legal Counsel and Ngāi Tahu Holdings Corporation and its respective subsidiary entities.

6.2 External Consultation – N/A


8. KO NGĀ WHAKATAU (RECOMMENDATIONS) That Te Rūnanga:

a. Receive this paper; b. Accept the proposed changes to the Policy; c. Approve the revised Policy.

9. ĀPITIHANGA (APPENDICES) Appendix 1 – TRG Compliance Policy (marked up changes) Appendix 2 – TRG Compliance Policy (new clean version)

Group Head of Finance & Planning

Date: 30 October 2018

CEO Date: 30 October 2018

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Compliance Policy Process NovemberSeptember 20158

1 Policy Statement

The Te Rūnanga Group operates an active programme to ensure on-going compliance with the terms of all Material Contracts, resource consents, legislation, and internal policies.

2 Purpose of this Policy

The purpose of this policy is to:

• Define and attribute key areas of responsibility for the on-going operation and execution ofcompliance across the Te Rūnanga Group;

• Mandate compliance initiatives to be undertaken on a consistent and integrated basisthroughout the Te Rūnanga Group;

• Support and underpin the operation of Te Rūnanga Group's compliance framework.

• Describe the key activities required to ensure that the Compliance Policy is complied withacross the Te Rūnanga Group

3 Scope and Fit

This Compliance Policy is designed to assist and ensure on-going compliance with the terms of all Material Contracts, resource consents, legislation and internal Te Rūnanga Group policies (including subsidiary internal policies).

This Compliance Policy is a Te Rūnanga Group policy and applies to all entities within the Te Rūnanga Group which we have effective control [i.e. not just wholly owned subsidiaries].

4 Policy Detail

4.1 STRUCTURE OF THE COMPLIANCE FRAMEWORK

Te Rūnanga/ Boards of Directors

Audit, Committees for Operating

Entities

Compliance Framework

Operating Entities

Risk Management Framework

External Audit

Key components of Business

Control

Policy setting, monitoring and

reporting

Business control activities

APPENDIX ONE

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4.2 KEY ACTIVITIES REQUIRED BY THIS POLICY

• Classification of Compliance Requirements – Each Operating Entity must identify the key areas of compliance relevant to their business unit and classify that requirement as Priority Level based on the impact any non-compliance with that requirement would have on the Te Rūnanga Group and/or Ngāi Tahu Holdings Group with respect to reputation, value at risk or seriousness of injury.

• Design and Implementation of Compliance Activities – Each Operating Entity must develop a set of Compliance Activities that enables the Operating Entity to identify all instances of non-compliance that are detectable through reasonable efforts1.

• Quarterly Compliance Statement – Each Operating Entity must include a compliance statement in its quarterly report to the NTHC or Te Rūnanga (as the case may be), in the form set out in the Compliance Policy Process.

• Develop Response Activities – Each Operating Entity must develop and implement appropriate response activities for any instance of non-compliance identified.

• Reporting – Each Operating Entity must comply with the reporting requirements set out in the Compliance Policy Process.

15 Process

5.1 Compliance within each Operating Entity

Each Operating Entity is responsible for all aspects of compliance within that entity.

Each Operating Entity must develop a set of Compliance Activities that enables the Operating Entity to identify all instances of non-compliance that are detectable through reasonable efforts2. This will include:

• identification of the key areas of compliance that are relevant to the applicable Operating Entity and classification of those requirements into Priority Level in accordance with section 2 below.

• implementation of appropriate training to ensure all staff:

o understand the key areas of compliance applicable to their Operating Entity;

o understand what actions they need to undertake in order to enable their Operating Entity to remain compliant; and

o are able to identify and report instances of non-compliance.

• providing access to relevant documentation to ensure compliance requirements can be effectively and efficiently referred to and updated.

• scheduling regular reviews of the Compliance Activities and identifying improvements and updates.

• delegating responsibility to appropriate personnel within the Operating Entity to assist the Operating Entity to ensure Compliance Activities are carried out.

• providing a mechanism for positively confirming all Compliance Activities are being carried out and identifying instances of non-compliance.

1 2 The concept of 'reasonable effort' is utilised to ensure that the above activities are conducted in a cost-effective manner.

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• developing a process for reviewing the status of response actions previously identified for instances of non-compliance.

The exact nature and extent of the Compliance Activities undertaken within the Operating Entity is a matter of judgement of the relevant Operating Entity, having due regard for cost effectiveness and the Priority Level allocated to the requirement.

5.2 Priority Levels

As part of the establishment of the Compliance Activities, each Operating Entity must identify the key compliance requirements relevant to its Operating Entity and classify each requirement based on the criteria set out in the table below:

• Potential impact to Operating Entity’s, Ngāi Tahu Holdings Group’s or Te Rūnanga Group’s reputation – assess the likely attention from media and stakeholders the Te Rūnanga Group, Ngāi Tahu Holdings Group or Operating Entity would receive should an instance of non-compliance arise.

• Potential value at risk - assess the dollar value of losses the Te Rūnanga Group, Ngāi Tahu Holdings Group or Operating Entity would likely incur should an instance of non-compliance arise (for example, litigation claims, legislative penalties, loss of revenue).

• Potential degree of injury – assess the degree of injury a person might suffer should an instance of non-compliance arise.

This will give a level of priority to each compliance requirement which, in the event of an instance of non-compliance, will assign the allocation of resource to the response management of the event and appropriate reporting within the Te Rūnanga Group.

The three (3) Priority Levels (A, B and C) are defined in the table below.

Criteria / Priority Level

A B C

Potential impact to the Te Rūnanga Group, Ngāi Tahu Holdings Group’s, or Operating Entity’s reputation

National media / stakeholder attention

Local media / stakeholder coverage

No media / stakeholder coverage

OR OR OR

Potential value at risk

> $1,000,000 < $1,000,000 < $10,000

OR OR OR

Potential degree of injury

Serious injury / systematic incident

Moderate incident / true accident injury

Minor incident

Note for Ngāi Tahu Tourism, Ngāi Tahu Property, Ngāi Tahu Farming and Ngāi Tahu Seafood it is up to each of these Operating Entities to decide whether this is appropriate to have Priority Levels B and C (however they must have Priority A Levels as set out above in their compliance process.

For example, where an Operating Entity has identified compliance with the Fair Trading Act 1986 as a compliance requirement, that requirement would be classified as Priority Level A because (a) the potential value at risk could exceed $1 million (taking into account potential fines payable, liability for third party loss, legal fees and court costs) and (b) the breach would be made public by the Commerce Commission and would likely attract national media attention.

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5.3 Identification and Prioritisation of Incidents of Non-Compliance

Through implementation of the relevant Compliance Activities, each Operating Entity must:

• identify all instances of non-compliance detectable through reasonable efforts within the Operating Entity; and

• take appropriate action in response to the non-compliance, based on the Priority Level allocated to the compliance requirement.

Reporting instances of non-compliance

In the event of any instance of non-compliance, the Operating Entity must submit a report as follows.

1. Ngāi Tahu Tourism, Ngāi Tahu Property Ngāi Tahu Farming and Ngāi Tahu Seafood

If the non-compliance is a:

• Priority A Event, the Non-Compliance Report must be submitted to the NTHC Chief Executive and the General Counsel at the earliest practical time after detection of the incident and in accordance with section 5, below.

• Any other non-compliance event must be reported in accordance with the Operating Entities policy in relation to such a non-compliance which each Operating Entity is required to have in place. Such policy as a minimum must:

o include the requirement for all non-compliance events to be recorded in writing and reported as the Operating Entity considers appropriate;

o include the requirement that the Operating Entity maintain a register of non-compliance events;

o be in accordance with best practice for that Operating Entities industry;

Each report must set out the details of the non-compliance and identify the proposed response activities (together with responsibility and time line for implementation).

2. Ngāi Tahu Holdings Corporation, the Office and Whai Rawa

In the event of any instance of non-compliance by NTHC, the Office or Whai Rawa the Operating Entity must submit a report to the Chief Executive of the Operating Entity (and in the case of Whai Rawa the Chief Executive of the Office), the Group General Counsel and (in the case of a Priority A Event only) the Chief Executive Officer of the Office, Chair of the Operating Entity, Chair of the Audit Committee of the Entity as follows. If the non-compliance is a:

• Priority A Event, the Non-Compliance Report must be submitted at the earliest practical time after detection of the incident and in accordance with section 5, below.

• Priority B Event, the Non-Compliance Report must be submitted as soon as possible, but no later than 24 hours after detection of the incident. The Operating Entity Chief Executive and/or General Counsel may, at their discretion, provide the Non-Compliance Report to the Chair of the Audit Committee of the Operating Entity.

• Priority C Event, the Operating Entity Chief Executive and General Counsel must receive the Non-Compliance Report within five business days after detection of the incident.


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Potential response activities

In the event of any instance of non-compliance the Operating Entity must implement the appropriate response activities.

5.4 Quarterly Compliance Statement

Each Operating Entity must include a compliance statement in its quarterly report to the NTHC board or to Te Rūnanga (as the case may be) in the form set out below.

[Except as identified below], I confirm that I have used reasonable efforts to identify instances of non-compliance with respect to [specify business unit] and:

• no Priority A instances of non-compliance have occurred;

• to the best of my knowledge, no other Priority instances of non-compliance have occurred.

I also confirm that:

• [specify Operating Entity] has conducted all Compliance Activities scheduled to take place during [insert quarter]; and

• all instances of non-compliance have been conveyed in accordance with the Te Rūnanga Group Compliance Policy and Compliance Policy Process.

[Instances of non-compliance and the actions to remedy such non-compliance are set out below]

Priority A Events

Date Issue Impact Action Taken

(Date of event occurred) (Description of Issue) (Description of impact/consequences arising from event)

(Action to remedy issue)

Priority [B Events]




Priority [C Events]




5.5 Audit Committee Reporting

Each Operating Entity must report any Priority A Event to the Chair of the Audit Committee for that Operating Entity at the scheduled meeting directly following detection of the incident. Review of such reports must be a regular agenda item of the relevant Audit Committee.

A special meeting of an Audit Committee may be convened with respect to any Priority A event if the Operating Entity Chief Executive, General Counsel or Chair of the relevant Audit Committee deems the issue(s) to be sufficiently significant to warrant immediate attention of the relevant Audit Committee.

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26 Definitions

Compliance Activities means the activities to be undertaken by each Operating Entity to obtain assurance that compliance is being achieved and to identify, manage and report instances of non-compliance.

Material Contracts are defined as any contract concession, lease, licence, deed, agreement (or other similar arrangement) with a value at risk greater than the Operating Entities unbudgeted opex delegation level.

Operating Entity means the Office, Whai Rawa, NTHC, Ngāi Tahu Property, Ngāi Tahu Farming Ngāi Tahu Tourism and Ngāi Tahu Seafood and such of these entities as the context may indicate.

Priority [A/B/C] Event means in relation to any instance of non-compliance, the classification given to that instance of non-compliance based on the Priority Level allocated to the relevant compliance requirement. For example, an instance of non-compliance in relation to a Priority Level A compliance requirement, is defined as a Priority A Event.

Priority Level means in relation to any compliance requirement, the classification given to that compliance requirement based on the seriousness of the impact of non-compliance on Ngāi Tahu Holdings Group or the Te Rūnanga Group, as determined in accordance with this Compliance Policy Process.

37 Responsibilities

Title Key Responsibilities

TRARC/ NTHC Audit, Finance and Risk Committee

• Approves the Compliance Policy and Compliance Policy Process and subsequent significant changes.

• Monitors significant instances of non-compliance through regular reporting from the Operating Entities (where a Priority A incident has occurred).

Operating Entities

• Responsible for compliance within their respective business unit.

• Undertakes reasonable effort to design and implement the Compliance Activities to obtain assurance that compliance is being achieved and to identify, manage and report instances of non-compliance throughout their business unit (as applicable).

• Provides a quarterly compliance statement in accordance with this policy.

General Counsel

• Responsible for the review and governance of the Compliance Policy and the Compliance Policy Process.

• Makes recommendations as to changes, deletions and additions to the Compliance Policy or Compliance Policy Process, supported by appropriate analysis.

• Identifies areas of tension, conflict or concern.

• Monitors all instances of non-compliance through receipt of non-compliance reports from Operating Entities.

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48 Summary of Process - Note the process for NTT, NTS, NTF and NTP is likely to differ for events that are not Priority Level A

Compliance Actions - Direct Reports

Design and Implementation of compliance activities and prioritisation of compliance requirements (Priority A, B or C)

Monitoring Actions

Assess whether any incident of non-compliance has occurred

Incident identified No incidents identified

Prioritise incident

A B C

Notify in accordance with

policy Counsel/NTHC CEO


policy


policy

Report to TRARC/ Audit, Finance and Risk Committee

on scheduled date

Develop Response Activities Quarterly Statement

General Counsel

Audit, Finance and Risk Committee

Chief Executive

Board

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Compliance Policy v1.2 1

APPENDIX TWO

Compliance Policy November 2018

1. Policy Statement

The Te Rūnanga o Ngāi Tahu Group (Te Rūnanga Group) operates an active programme to ensure on-going compliance with the terms of all Material Contracts, resource consents, legislation, and internal policies.

2. Purpose of this Policy

2.1. The purpose of this Policy is to:

a) Define and attribute key areas of responsibility for the on-going operation and execution of

compliance across the Te Rūnanga Group; b) Mandate compliance initiatives to be undertaken on a consistent and integrated basis

throughout the Te Rūnanga Group; c) Support and underpin the operation of Te Rūnanga Group's compliance framework; d) Describe the key activities required to ensure that the Compliance Policy is complied with

across the Te Rūnanga Group.

3. Scope and Fit 3.1. The Compliance Policy is designed to assist and ensure on-going compliance with the terms of

all Material Contracts, resource consents, legislation and internal Te Rūnanga Group policies (including subsidiary internal policies).

3.2. The Compliance Policy is a Te Rūnanga Group policy and applies to all entities within the Te Rūnanga Group which we have effective control [i.e. not just wholly owned subsidiaries].

4. Policy Detail

4.1. Structure of the Compliance Framework

Te Rūnanga/ Boards of Directors

Audit Committees

for Operating Entities

Compliance Framework

Operating Entities

Risk Management Framework

External Audit

Key components of Business

Control

Policy setting, monitoring and

reporting

Business control activities

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4.2. Key Activities Required by this Policy

4.2.1. Classification of Compliance Requirements

Each Operating Entity must identify the key areas of compliance relevant to their business unit and classify that requirement as Priority Level based on the impact any non-compliance with that requirement would have on the Te Rūnanga Group and/or Ngāi Tahu Holdings Group with respect to reputation, value at risk or seriousness of injury.

4.2.2. Design and Implementation of Compliance Activities

Each Operating Entity must develop a set of Compliance Activities that enables the Operating Entity to identify all instances of non-compliance that are detectable through reasonable efforts1.

4.2.3. Quarterly Compliance Statement

Each Operating Entity must include a compliance statement in its quarterly report to the NTHC or Te Rūnanga (as the case may be), in the form set out in section 5.4.

4.2.4. Develop Response Activities

Each Operating Entity must develop and implement appropriate response activities for any instance of non-compliance identified.

4.2.5. Reporting

Each Operating Entity must comply with the reporting requirements as set out in this policy.

5. Process

5.1. Compliance within each Operating Entity

5.1.1. Each Operating Entity is responsible for all aspects of compliance within that entity.

5.1.2. Each Operating Entity must develop a set of Compliance Activities that enables the

Operating Entity to identify all instances of non-compliance that are detectable through reasonable efforts. This will include:

a) Identification of the key areas of compliance that are relevant to the applicable

Operating Entity and classification of those requirements into Priority Level in accordance with section 5.2 below.

b) Implementation of appropriate training to ensure all staff: 1 The concept of 'reasonable effort' is utilised to ensure that the above activities are conducted in a cost-effective manner.

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• understand the key areas of compliance applicable to their Operating Entity; • understand what actions they need to undertake in order to enable their

Operating Entity to remain compliant; and • are able to identify and report instances of non-compliance.

c) Providing access to relevant documentation to ensure compliance requirements

can be effectively and efficiently referred to and updated.

d) Scheduling regular reviews of the Compliance Activities and identifying improvements and updates.

e) Delegating responsibility to appropriate personnel within the Operating Entity to assist the Operating Entity to ensure Compliance Activities are carried out.

f) Providing a mechanism for positively confirming all Compliance Activities are being carried out and identifying instances of non-compliance.

g) Developing a process for reviewing the status of response actions previously identified for instances of non-compliance.

5.1.3. The exact nature and extent of the Compliance Activities undertaken within the

Operating Entity is a matter of judgement of the relevant Operating Entity, having due regard for cost effectiveness and the Priority Level allocated to the requirement.

5.2. Priority Levels

5.2.1. As part of the establishment of the Compliance Activities, each Operating Entity must

identify the key compliance requirements relevant to its Operating Entity and classify each requirement based on the criteria set out in the table below.

a) Potential impact to Operating Entity’s, Ngāi Tahu Holdings Group’s or Te Rūnanga

Group’s reputation – assess the likely attention from media and stakeholders the Te Rūnanga Group, Ngāi Tahu Holdings Group or Operating Entity would receive should an instance of non-compliance arise.

b) Potential value at risk - assess the dollar value of losses the Te Rūnanga Group, Ngāi Tahu Holdings Group or Operating Entity would likely incur should an instance of non-compliance arise (for example, litigation claims, legislative penalties, loss of revenue).

c) Potential degree of injury – assess the degree of injury a person might suffer should an instance of non-compliance arise.

5.2.2. This will give a level of priority to each compliance requirement which, in the event of an

instance of non-compliance, will assign the allocation of resource to the response management of the event and appropriate reporting within the Te Rūnanga Group.

5.2.3. The three (3) Priority Levels (A, B and C) are defined in the table below:

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Criteria / Priority Level A B C Potential impact to the Te Rūnanga Group, Ngāi Tahu Holdings Group’s, or Operating Entity’s reputation

National media / stakeholder attention

Local media / stakeholder coverage

No media / stakeholder coverage

OR OR OR Potential value at risk > $1,000,000 < $1,000,000 < $10,000 OR OR OR Potential degree of injury Serious injury /

systematic incident Moderate incident / true accident injury

Minor incident

a) Note for Ngāi Tahu Tourism, Ngāi Tahu Property, Ngāi Tahu Farming and Ngāi Tahu Seafood it

is up to each of these Operating Entities to decide whether this is appropriate to have Priority Levels B and C (however they must have Priority A Levels as set out above in their compliance process.

b) For example, where an Operating Entity has identified compliance with the Fair Trading Act

1986 as a compliance requirement, that requirement would be classified as Priority Level A because (a) the potential value at risk could exceed $1 million (taking into account potential fines payable, liability for third party loss, legal fees and court costs) and (b) the breach would be made public by the Commerce Commission and would likely attract national media attention.

5.3. Identification and Prioritisation of Incidents of Non-Compliance

5.3.1. Through implementation of the relevant Compliance Activities, each Operating Entity

must:

a) Identify all instances of non-compliance detectable through reasonable efforts within the Operating Entity; and

b) Take appropriate action in response to the non-compliance, based on the Priority Level allocated to the compliance requirement.

5.3.2. Reporting instances of non-compliance

In the event of any instance of non-compliance, the Operating Entity must submit a report as follows: 1. Ngāi Tahu Tourism, Ngāi Tahu Property Ngāi Tahu Farming and Ngāi Tahu Seafood

If the non-compliance is a:

a) Priority A Event, the Non-Compliance Report must be submitted to the NTHC Chief Executive and the General Counsel at the earliest practical time after detection of the incident and in accordance with section 7, below.

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b) Any other non-compliance event must be reported in accordance with the Operating Entities policy in relation to such a non-compliance which each Operating Entity is required to have in place. Such policy as a minimum must:

• include the requirement for all non-compliance events to be recorded in

writing and reported as the Operating Entity considers appropriate; • include the requirement that the Operating Entity maintain a register of

non-compliance events; • be in accordance with best practice for that Operating Entities industry;


2. Ngāi Tahu Holdings Corporation, the Office and Whai Rawa

In the event of any instance of non-compliance by NTHC, the Office or Whai Rawa the Operating Entity must submit a report to the Chief Executive of the Operating Entity (and in the case of Whai Rawa the Chief Executive of the Office), the Group General Counsel and (in the case of a Priority A Event only) the Chief Executive Officer of the Office, Chair of the Operating Entity, Chair of the Audit Committee of the Entity as follows. If the non-compliance is a:

a) Priority A Event, the Non-Compliance Report must be submitted at the earliest practical time after detection of the incident and in accordance with section 7, below.

b) Priority B Event, the Non-Compliance Report must be submitted as soon as possible, but no later than 24 hours after detection of the incident. The Operating Entity Chief Executive and/or General Counsel may, at their discretion, provide the Non-Compliance Report to the Chair of the Audit Committee of the Operating Entity.

c) Priority C Event, the Operating Entity Chief Executive and General Counsel must

receive the Non-Compliance Report within five business days after detection of the incident.


5.3.3. Potential response activities

In the event of any instance of non-compliance the Operating Entity must implement the appropriate response activities.

5.4. Quarterly Compliance Statement

5.4.1. Each Operating Entity must include a compliance statement in its quarterly report to the NTHC board or to Te Rūnanga (as the case may be) in the form set out below.

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[Except as identified below], I confirm that I have used reasonable efforts to identify instances of non-compliance with respect to [specify business unit] and:

• no Priority A instances of non-compliance have occurred; • to the best of my knowledge, no other Priority instances of non-compliance have occurred.

I also confirm that:

• [specify Operating Entity] has conducted all Compliance Activities scheduled to take place

during [insert quarter]; and • all instances of non-compliance have been conveyed in accordance with the Te Rūnanga

Group Compliance Policy and Compliance Policy Process.

[Instances of non-compliance and the actions to remedy such non-compliance are set out below]

Priority [A Events]




Priority [B Events]




Priority [C Events]




5.5. Audit Committee Reporting

5.5.1. Each Operating Entity must report any Priority A Event to the Chair of the Audit

Committee for that Operating Entity at the scheduled meeting directly following detection of the incident. Review of such reports must be a regular agenda item of the relevant Audit Committee.

5.5.2. A special meeting of an Audit Committee may be convened with respect to any Priority A event if the Operating Entity Chief Executive, General Counsel or Chair of the relevant Audit Committee deems the issue(s) to be sufficiently significant to warrant immediate attention of the relevant Audit Committee.

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6. Definitions a) Compliance Activities means the activities to be undertaken by each Operating Entity to obtain

assurance that compliance is being achieved and to identify, manage and report instances of non-compliance.

b) Material Contracts are defined as any contract concession, lease, licence, deed, agreement (or other similar arrangement) with a value at risk greater than the Operating Entities unbudgeted opex delegation level.

c) Operating Entity means the Office, Whai Rawa, NTHC, Ngāi Tahu Property, Ngāi Tahu Farming

Ngāi Tahu Tourism and Ngāi Tahu Seafood and such of these entities as the context may indicate

d) Priority [A/B/C] Event means in relation to any instance of non-compliance, the classification

given to that instance of non-compliance based on the Priority Level allocated to the relevant compliance requirement. For example, an instance of non-compliance in relation to a Priority Level A compliance requirement, is defined as a Priority A Event.

e) Priority Level means in relation to any compliance requirement, the classification given to that

compliance requirement based on the seriousness of the impact of non-compliance on Ngāi Tahu Holdings Group or the Te Rūnanga Group, as determined in accordance with this Compliance Policy Process.

7. Responsibilities

Title Key Responsibilities

TRARC / NTHC Audit, Finance and Risk Committee

• Approves the Compliance Policy and subsequent significant changes.

• Monitors significant instances of non-compliance through regular reporting from the Operating Entities (where a Priority A incident has occurred).

Operating Entities • Responsible for compliance within their respective business unit.

• Undertakes reasonable effort to design and implement the Compliance Activities to obtain assurance that compliance is being achieved and to identify, manage and report instances of non-compliance throughout their business unit (as applicable).

• Provides a quarterly compliance statement in accordance with this policy.

General Counsel • Responsible for the review and governance of the Compliance Policy.

• Makes recommendations as to changes, deletions and additions to the Compliance Policy, supported by appropriate analysis.

• Identifies areas of tension, conflict or concern.

• Monitors all instances of non-compliance through receipt of non-compliance reports from Operating Entities.

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8. Summary of Process

Note the process for NTT, NTS, NTF and NTP is likely to differ for events that are not Priority Level A

Document History and Version Control Title Compliance Policy Version number v1.2 Date approved November 2018 Next review date 2023 Owner GH Finance & Planning Reviewer TRARC Approver TRoNT History v1.0 - New policy March 2012

v1.1 - Reviewed and updated Sept 2015 v1.2 - Reviewed and updated Nov 18 (Compliance Process & Compliance Policy combined into one document)

Compliance Actions - Direct Reports

Design and Implementation of compliance activities and prioritisation of compliance requirements (Priority A, B or C)

Monitoring Actions

Assess whether any incident of non-compliance has occurred

Incident identified No incidents identified

Prioritise incident

A B C


policy


policy


policy

Report to TRARC/ Audit, Finance and Risk Committee

on scheduled date

Develop Response Activities Quarterly Statement

General Counsel

Audit, Finance and Risk Committee

Chief Executive

Board

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HE PEPA WHAKATAUNGA

(DECISION PAPERS)

Te Rūnanga o Ngāi Tahu - 23 November 2018 - HE PEPA WHAKATAUNGA (DECISION PAPERS)

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He Pepa Whakataunga (Decision paper): Payment to Alternate Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 2


Nā: Chief Executive Officer Ki a: Te Rūnanga o Ngāi Tahu (Te Rūnanga)

Te Kaupapa: Payment to Alternate Te Kaituhi: Chris Ford



1.1 To provide legal advice to Te Rūnanga in relation to a proposed payment to the estate of Rewi Anglem.


2.1 On 15 September 2018 Te Rūnanga o Ngāi Tahu (“Te Rūnanga”) passed the following resolution: That Te Rūnanga approves a one off payment of $58,000, due to long service, to be paid to Te Rūnanga Alternate Rewi Anglem’s estate subject to legal confirmation that the payment is not a breach of fiduciary duty.

2.2 Legal advice as requested has been prepared and is attached at Appendix One of this paper.


3.1 As Te Rūnanga will see, the legal advice on whether the proposed payment breaches fiduciary duties notes that the legal position is not clear cut and recommends Te Rūnanga discusses the issues further.

3.2 The death in service insurance policy applies to all staff in the Te Rūnanga Group as well as Rūnanga Representatives and Alternates. The policy is currently being reviewed with a view to removing the upper level age limit (or increasing it to 75).


4.1 Further work will follow depending on decisions made by Te Rūnanga.


5.1 Consistency with Ngāi Tahu 2025 – As determined by Te Rūnanga

5.2 Consistency with Previous Policy Decisions – This issue has not previously been considered by Te Rūnanga.

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He Pepa Whakataunga (Decision paper): Payment to Alternate Te Rūnanga o Ngāi Tahu – 23 November 2018

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5.3 Consistency with Ngāi Tahu Values – As determined by Te Rūnanga.

5.4 Financial Implications – As set out in the attached advice.

5.5 Legal Implications – As set out in the attached advice.

5.6 Information Technology Implications – None.


6.1 Internal Consultation – Yes, Legal Counsel and Ngāi Tahu Holdings Corporation and its respective subsidiary entities.

6.2 External Consultation – N/A


8. KO NGĀ WHAKATAU (RECOMMENDATIONS) That Te Rūnanga:

a. Receive this paper; b. Discusses the advice and makes such decision as Te Rūnanga considers

appropriate;

9. ĀPITIHANGA (APPENDICES) Appendix 1 – Legal Advice

General Counsel

Date: November 2018


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Phone: 03 366 4344 Fax: 03 365 4424

www.ngaitahu.iwi.nz

FILE NOTE

Page 1

APPENDIX ONE

Date: 15 October 2018

Subject: Proposed payment to the estate of Rewi Anglem

Author: Chris Ford

To: Te Rūnanga o Ngāi Tahu Tēnā koutou katoa Background On 15 September 2018 Te Rūnanga o Ngāi Tahu (“Te Rūnanga”) passed the following resolution: That Te Rūnanga approves a one off payment of $58,000, due to long service, to be paid to Te Rūnanga Alternate Rewi Anglem’s estate subject to legal confirmation that the payment is not a breach of fiduciary duty. I have been asked to provide legal advice whether the proposed payment is not a breach of fiduciary duty. Te Rūnanga in its own right or as trustee of the Ngāi Tahu Charitable Trust? The first step in considering this matter is to consider whether the proposed payment would be made by Te Rūnanga in its own right or as trustee of the Ngāi Tahu Charitable Trust? This will impact the duties that apply to Te Rūnanga in making the proposed payment. From the minutes of 15 September 2018, and the briefing I’ve been given, Te Rūnanga is seeking to make the proposed payment to recognise Rewi Anglem’s 20 years as an Alternate. There is no discernible “charitable purposes” that the proposed payment seeks to achieve and therefore if the proposed payment is to be made it would need to be made by Te Rūnanga acting in its own right. A consequence of this decision is the actual cost of the payment to Te Rūnanga would be the amount of the proposed payment plus the relevant tax Te Rūnanga would have to pay. Fiduciary Duties Te Rūnanga is not a trustee of the assets it administers “for the benefit of present and future members of Ngāi Tahu Whānui” and, under s 14 of the Te Rūnanga o Ngāi Tahu Act 1996 (the TRONT Act), will not be subject to the Trustee Act 1956 when acting for in its own right.

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http://www.ngaitahu.iwi.nz/

Te Rūnanga o Ngāi Tahu File Note

Page 2

Rather, the language of s 14 suggests that Te Rūnanga owes fiduciary duties to Ngāi Tahu Whānui, meaning that Te Rūnanga must act in good faith and must not place its own interests ahead of those to whom it owes duties, namely Ngāi Tahu Whānui.

When making any decision, Te Rūnanga must comply with the terms of the TRONT Act and the Charter of Te Rūnanga (the Charter). Under s 6 of the TRONT Act and cl 5 of the Charter, Te Rūnanga has all of the “rights, powers, and privileges of a natural person”. Any form of payment is therefore likely to be within its powers. However, when deciding on whether to make payments, Te Rūnanga will need to consider its objects as set out in section 3 of the Charter. These include to administer the assets and liabilities of Te Rūnanga as kaitiaki of Ngāi Tahu Whānui, as well as to “distribute benefits directly or indirectly to members of Ngāi Tahu Whānui either in their individual capacities, or though their Papatipu Runanga or upon any other basis which Te Rūnanga may select”.

Clause 8 of the Charter outlines the duties of the Rūnanga Representatives and Alternate Rūnanga Representatives. In particular, clause 8 confirms that Rūnanga Representatives must act in the best interests of Ngāi Tahu Whānui as a whole.

In writing this opinion extensive time was spent considering what fiduciary obligations apply to Te Rūnanga. In the end I’ve come to the view that provided Te Rūnanga can on reasonable grounds say that the proposed payment is in the best interests of Ngāi Tahu Whānui as a whole then the proposed payment will not be a breach of fiduciary duties. Is the proposed payment in the best interests of Ngāi Tahu Whānui as a whole? There are arguments both in favour and against the proposed payment being considered as being in the best interests of Ngāi Tahu Whānui as a whole. The very fact that Te Rūnanga made the payment conditional on this legal advice indicates that the issue is not clear cut. Arguments in favour Arguments in favour of the proposed payment being considered as being in the best interests of Ngāi Tahu Whānui as a whole include:

1. By making the proposed payment Te Rūnanga, in part, recognises that Rewi Anglem was not paid $200,000 from Te Rūnanga’s insurer due to his age (a condition of the policy that wasn’t particularly widely known). This argument is that it is unfair for Rewi to have missed out on the death in service payment and Te Rūnanga should make the proposed payment to remedy this unfairness;

2. Te Rūnanga has already agreed that if a Rūnanga Representative or Alternate

passes away whilst in office that a payment to their estate will be made and an insurance policy will be taken out for this purpose. This type of insurance benefit is not unusual and I don’t think anyone would argue providing this type of insurance benefit is a breach of fiduciary duty. The proposed payment is essentially made for the same purpose and on the same basis as if the proposed payment came via from an insurance policy. 1

1 Put another way, if Te Rūnanga had extended the insurance policy to apply to people up to 75 (for example) it’s likely the higher premiums would have been not materially different than the amount of the proposed payment (ie Te Rūnanga is self insuring for payments for those over 70 instead of paying higher premiums).

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Page 3

Given paying a death in service benefit out via an insurance policy is not a breach of fiduciary duty, why would paying a death in service benefit directly be a breach of fiduciary duty?

3. It is appropriate that from time to time Te Rūnanga recognises major contributions that are made to Te Rūnanga. This recognition could be via a financial payment or other means. The proposed payment is an example of such recognition. In my view this argument would be stronger if the proposed payment was not a one-off but part of a wider policy that Te Rūnanga has implemented to recognise contributions to Te Rūnanga.

Arguments against Arguments against the proposed payment being considered as being in the best interests of Ngāi Tahu Whānui as a whole include:

1. The proposed payment only benefits Rewi Anglem’s estate.

2. The proposed payment is not part of a wider policy of recognition for those who make contributions to Ngāi Tahu and therefore is arbitrary.

3. Many people have made substantial contributions to Te Rūnanga over the years and

have not received a payment of this nature. If those other substantial contributions to Te Rūnanga were not acknowledged why should the proposed payment be made?

4. Te Rūnanga should not use their authority to make preferred payments to one of

their own (ie this ties in with the reputational risk highlighted below that the proposed payment will be seen as the Table diverting Te Rūnanga funds for the benefit of those in the inner circle).

5. The death in service benefit was always subject to rules and whilst it’s unfortunate

those rules mean the policy did not respond in this situation that was the arrangement.

Transparency If the proposed payment is made I’d recommend it be disclosed transparently. This could be via the decision to make the payment being confirmed in a General Meeting of Te Rūnanga (and accordingly captured in General Minutes that are distributed to all Papatipu Rūnanga). The reason for this recommendation is:

• Unless good reasons exist to the contrary, Te Rūnanga decisions should be made on

an open and transparent basis;

• Even if Te Rūnanga tried to keep the proposed payment confidential it’s almost certain to become public;

• Given the proposed payment is almost certain to become public it is better that Te Rūnanga explains the basis of the payment so it’s understood. This will help rebut some who may argue the proposed payment is an example of Table members looking after Table members and using tribal funds for the purpose. That the payment was made to Rewi’s estate because he had influential friends at the Table not because of his contribution to the iwi.

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Page 4

• If Te Rūnanga tried to keep the proposed payment secret this may indicate Te Rūnanga was uncomfortable the proposed payment would not withstand tribal scrutiny. In some ways, if the payment can withstand tribal scrutiny (ie it passes the hui-a-tau test) then it’s likely to pass the legal test of being in the best interests of Ngāi Tahu Whānui as a whole.

Precedent It is noted that if the proposed payment is made it will create a precedent. It is likely that Te Rūnanga may be asked to make similar payments in the future. Would Te Rūnanga agree to make such payments? If not, why not? Would such payments be solely limited to Rūnanga Representatives and Alternates? If yes, how can this be justified? Insurance policies generally have lots of conditions, if such a condition meant a future payment was not made would Te Rūnanga step in and make a payment in those circumstances? This precedent effect could be minimised if Te Rūnanga confirms that Te Rūnanga agrees to make the proposed payment and in future similar payments will be made for Rūnanga Representatives and Alternates who pass away whilst in office but who do not qualify for a death in service payment due to their age. Conclusion

1. If the proposed payment is considered as being in the best interests of Ngāi Tahu Whānui as a whole then making the proposed payment will not breach Te Rūnanga’s fiduciary duties.

2. There are strong arguments both for, and against, the proposed payment being considered as being in the best interests of Ngāi Tahu Whānui as a whole.

3. It is recommended that Te Rūnanga discuss this advice before deciding whether to

make the proposed payment.

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He Pepa Whakataunga (Decision Paper): Freshwater Strategy Te Rūnanga o Ngāi Tahu – 23 November 2018

Page 1 of 4

He Pepa Whakataunga

(Decision Paper)

Nā: Chief Executive Officer

Ki a: Te Rūnanga o Ngāi Tahu

Te Kaupapa: Freshwater Strategy

Te Kaituhi: Arihia Bennett

Te rā: November 2018


1.1 The purpose of this paper is to:

1. Provide an outline of all considerations explored by the Kaiwhakahaere Freshwater Advisory Group to build a clear Freshwater strategy.

2. Seek Te Rūnanga input and decision to approve in principal – the workstreams and Freshwater Advisory Group mandate to continue.


2.1 In August 2018, TRoNT held a Water Session. Francois Tumahai, Te Maire Tau and Gail Tipa of the Kaiwhakahaere Freshwater Advisory Group joined the hui to speak to the session.

2.2 A focus for discussions at the hui was an introduction to Te Whakaariki – Freshwater Strategy which broadly focused on three areas: Tikanga; Freshwater Principles; and approaches.

2.3 Tikanga

The foundation for the Freshwater Strategy is based on customary rights and Aboriginal Title, confirmed and recognised in the Treaty of Waitangi. This position must be committed to and underpin all thinking and discussions going forward.

2.4 Freshwater Principles

The fundamental Principles for Freshwater are:

a) Ngāi Tahu has ownership over freshwater and will continue to exercise tino rangatiratanga in our takiwā.

b) Ngāi Tahu has rights, interests, obligations and responsibilities in the flow and quality of water in our takiwā.

2.5 Strategies

The subject areas to fulfil Ngāi Tahu Freshwater Principles are;

a) Legal b) Historical c) Economic d) Political e) Communications/PR f) Environmental (innovation and technology)

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2.6 Te Kura -Taka -Pīni

Te Kura -taka -pīni is the name that has been suggested for the Water Advisory Group (by Tahu Potiki). Te Kura-taka-pīni refers to a signature military move of Te Wera that means to ‘move as one’.


3.1 Purpose

To take action against the Crown and other entities that oppose Ngāi Tahu’s Claim to water ownership and the principles established by Te Rūnanga o Ngāi Tahu. To pursue this Claim through political negotiations with the Crown, legal action and other options as Te Kura-taka-pīni considers appropriate.

3.2 The Mandate of Te Kura-Taka-Pīni is to:

a) Prepare a Strategic Plan for Te Rūnanga o Ngāi Tahu.

b) Support the CEO to appoint a Director and staff to execute The Strategic Plan.

c) Prepare a suite of legal cases for the High Court, or any other Court, Tribunal, Commission against the Crown (its Agents) and or Local Government, body corporates or individuals identified as threats and opponents.

d) Commence a political dialogue and negotiate with the Crown, Iwi and other stakeholder groups.

e) Prepare a Market Strategy for water.

f) Appoint, remove and issue directions and manage all legal, political, technical advisors.

g) Initiate a stakeholder relationship campaign.

h) Establish a secure database and record of documents both within the tribe and external to the tribe.

3.3 The Design of Te Kura-Taka-Pīni

The Project Team will initially consists of the following roles:

1. Interim Executive Function in conjunction with the CEO’s advice and oversight until March 2019 – when a permanent Director will be appointed. The Director will report directly to the CEO.

2. Project Manager 3. Consultants and Experts will be engaged to assist with development of the particular

workstream strategies. The following areas will be the initial focus and over time further specialist areas will be included such as Water Modelling.

a) Communications b) Water c) Science d) Common Law and Property Rights e) Environmental and Natural Resources Law and Policy f) Economic g) Legal

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Diagram 2: Structure and Reporting for Te Kura-Taka-Pīni

3.4 The Office of TRoNT and the CEO are already established. Membership to Te Kura-taka-pīni is already confirmed with the Kaiwhakahaere, Lisa Tumahai as Co-Chair with Te Maire Tau.

3.5 The term ‘Ngārahu’ will be used instead of Director. The Ngārahu will lead the team to execute strategy and implement tactics.

3.6 This is not a linear process where there will be a set up phase, followed by a planning phase and then the strategy execution. Due to time pressures, all three will need to occur at the same time.


4.1 Strategy and Timing

It is anticipated that the Freshwater Strategy will be finalised in March 2019. As stated above this is not a linear process, so it is crucial for Te Kura-taka- pīni, to maintain a forward motion, as the Crown have already been in discussions with Iwi Leaders since 2012 and have initiated their plans with Kāhui Wai-Māori as early as 3 July 2018.

4.2 Te Kura-taka-pīni must develop strategy alongside an effective tactical plan and work plan. The tactical plan will conform to the strategy to ensure effective delivery and ensure the best chance of achieving our goals. Planning must be attached to execution. Monitoring will be undertaken through the structural reporting mechanisms through to governance.

4.3 Ngāi Tahu cannot spend too much time thinking without action. Speed is essential because:

a) The Crown is already moving; and b) The North Island Iwi are mobilising.

4.4 The Freshwater Strategy will include a legal case and political action, which will form the strategic basis for the April Te Rūnanga Report.

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Page 4 of 4


5.1 Consistency with Ngāi Tahu 2025 – Ae, particularly Te Whakaariki

5.2 Consistency with Previous Policy Decisions – Ae

5.3 Consistency with Ngāi Tahu Values – Ae

5.4 Financial Implications – Ae – these will be better identified with a further analysis with the Strategy Completion

5.5 Legal Implications – Ae – these will be better identified with a further analysis with the Strategy Completion

5.6 Information Technology Implications – Kao


6.1 Internal Consultation – Kaiwhakahaere Freshwater Advisory Group

6.2 External Consultation –Te Kura-taka-pīni assessed the components required for the Freshwater Strategy and identified appropriate subject experts to provide support. This includes several international experts, with confidence of their involvement still to occur. During this period, we also received advice from Research Institutes in British Columbia, Canada and Stanford, Oxford and Cambridge Universities.

7. KO NGĀ WHAKATAU (RECOMMENDATIONS)

That Te Rūnanga o Ngāi Tahu:

a) Accepts the paper

b) Approves the mandate and purpose for Te Kura-taka-pīni; and

c) Approves the strategic workstreams noted in this paper

Author

Chief Executive Officer

Date: 7 November 2018

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WHAKATŪTURUTANGA O NGĀ MINITI

(CONFIRMATION OF MINUTES)

– GENERAL

Te Rūnanga o Ngāi Tahu - 23 November 2018 - WHAKATŪTURUTANGA O NGĀ MINITI (CONFIRMATION OF MINUTES) – GE...

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TE RŪNANGA O NGĀI TAHU & NGĀI TAHU CHARITABLE TRUST

MINITI OF HUI HELD ON TEKAU MĀ RIMA O RIMA

TE RUMA AORAKI, TE WHARE O TE WAIPOUNAMU

Page 1 of 8 Te Rūnanga o Ngāi Tahu

Miniti of Hui – 18 August 2018

TE RĀ: Tekau mā Rima o Rima 2018 (15 September 2018) TĪMATA: 9.00am NGĀ MIHI: Kaiwhakahaere KARAKIA: Deputy Kaiwhakahaere I KONEI: Te Rūnanga o Ngāti Waewae Lisa Tumahai (Kaiwhakahaere) Te Rūnanga o Kaikōura Darran Kerei-Keepa Te Ngāi Tūāhuriri Rūnanga Gabrielle Huria Te Hapū o Ngāti Wheke Gail Gordon Te Rūnanga o Koukourarata Elizabeth Cunningham Wairewa Rūnanga Henrietta Carroll Ōnuku Rūnanga Rik Tainui Te Taumutu Rūnanga David Perenara-O’Connell Te Rūnanga o Arowhenua Quentin Hix Te Rūnanga o Waihao Jo McLean Te Rūnanga o Moeraki Karen Coutts Kāti Huirapa Rūnaka ki Puketeraki Matapura Ellison (Deputy Kaiwhakahaere) Te Rūnanga o Ōtākou Tahu Pōtiki Waihōpai Rūnaka Michael Skerrett Awarua Rūnanga Michael Stevens (Alternate) Ōraka-Aparima Rūnaka Ann Wakefield Te Rūnanga o Hokonui Terry Nicholas Te Rūnanga o Makaawhio Susan Wallace HE WHAKAPĀHA: Awarua Rūnanga Gail Thompson Kāti Huirapa Rūnaka ki Puketeraki Katharina Ruckstuhl (Alternate) Te Rūnanga o Ōtākou Donna Matahaere-Atariki (Alternate) Te Rūnaka o Kāti Waewae Teena Henderson (Alternate) Te Rūnanga o Waihao Juliette Stevenson (Alternate) Ōraka-Aparima Rūnaka Sandra Cook (Alternate) Te Taumutu Rūnanga Liz Brown (Alternate) Te Rūnanga o Makaawhio Tim Rochford (Alternate) Chief Executive Officer (CEO) Arihia Bennett I KONEI HOKI: Te Rūnanga o Kaikōura Peter Clayton (Alternate) Te Rūnanga o Arowhenua Karl Te Raki (Alternate) Te Rūnanga o Moeraki Stacey Gullen-Reynolds (Alternate) Te Hapū o Ngāti Wheke Christina Henderson (Alternate) Te Taumutu Rūnanga Elizabeth Brown (Alternate) Waihōpai Rūnaka Odele Stehlin (Alternate) Water Strategy Francois Tumahai Water Strategy Gail Tipa (via zoom) Water Strategy Dr Te Maire Tau Chief Executive - Ngāi Tahu Holdings

Corporation (CE – NTHC) Mike Sang

Director, Ngāi Tahu Holdings Corporation

Catherine Drayton

Chair - TRARC Anne Urlwin (via zoom)

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of 8 Te Rūnanga o Ngāi Tahu Miniti of Hui – 15 September 2018

NTHC - Chief Financial Officer Allan Hickford Deloitte Mike Hoshek Chief Operations Officer (COO) Julian Wilcox GM Oraka Hana O’Regan GM Te Ao Tūroa Kara Edwards Programme Lead - Haea te Awa Rakihia Tau GM Te Taumatua Lynne Te Aika Group Head – Te Māpara Darren Beatty Group Head - Toi Tangata Katie McEwan Group Head - Strategic Public

Relations, Engagement and Comms Linda Falwasser

Minutes Sophie Lackey Executive Manager Sarah Wiki-Bennett Secretariat Assistance Tiffany Cameron On the day assistance Keefe Robinson-Gore WHĀNAU TAUTOKO: Rūnanga o Ngāti Waewae Veronica Baldwin Te Rūnanga o Moeraki Nola Tipa Te Rūnanga o Moeraki Haydon Richards Ōnuku Rūnanga Steve Tuuta NGĀ MATE: Elizabeth (Liz) Mary Maaka Onuku, Ōraka Aparima, Waihopai, Wairewa Rewi Whaturiri Walter Anglem Awarua, Hokonui, Puketeraki, Tūāhuriri, Arowhenua,

Moeraki, Ōtākou, Waihao, Taumutu, Waihopai Riki Te Mairaki Pitama Rāpaki, Tūāhuriri, Koukourarata Graeme Grennell Rāpaki, Koukourarata Valerie Henry Makaawhio Lester Baty Ōraka-Aparima

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1. RĀRANGI TAKE (GENERAL AGENDA)

1.1. Mihi kē te hui a) Nā te Kaiwhakahaere te mihi ki te katoa. b) Apologies were noted (refer above).

1.2. Ngā Mate

The Kaiwhakahaere acknowledged the whānau listed and requested those who were not on the list to be updated.

The Hui moved to In-Komiti - Board Only at 9.10am and resumed General Agenda at 9.30am.

1.3. Interest Register An updated Interests Register was circulated for review. 1.4. Receipt of Late Papers

MŌTINI In accordance with Standing Order 10.4 Te Rūnanga o Ngāi Tahu agrees to receive the following late in committee papers:

1. Agenda item 9 - Climate Change Strategy 2. Agenda item 11 - External Organisation Representation – HSNO

Waihao / Makaawhio KUA WHAKAAETIA

Francois Tumahai, Te Maire Tau and Gail Tipa (via zoom) of the Kaiwhakahaere Freshwater Advisory Group joined the hui to speak to the Te Whakaariki – Freshwater session.

2. WĀNANGA RAUTAKI (STRATEGY SESSION)

2.1. Te Whakaariki - Freshwater

a) The Kaiwhakahaere provided a brief introduction to the Te Whakaariki – Freshwater strategy to provide context noting that Ngāi Tahu must be consistent with its arguments.

b) To set the scene, Te Maire Tau explained that the pākehā way of thinking with regard to water ownership, differs from the Māori thinking, noting that this difference underpins the Freshwater rights issue. The challenge is to move away from the generic ‘water rights’ debates and argue that rights in water is about rangatiratanga not kaitiakitanga.

c) The Kaiwhakahaere Freshwater Advisory Group members then spoke to a short presentation and following was noted and discussed:

i. Tikanga – Nōku te awa (That is mine) – traditions in Whakapapa are very strong on this. Māori should not be afraid to assert ownership. It is to do with Treaty Rights, not aboriginal or common law rights.

ii. Freshwater principles – Ngāi Tahu has ownership over freshwater and will continue to exercise tino rangatiratanga in the takiwā. These principles are challenging the systems and the assumptions the Crown has made in the context of managing water.

iii. Work streams – we can either challenge the way the Crown manages water or maintain the status quo, which provides opportunities that can feed into the rights argument, however will not give effect to our freshwater principles. Current water management workstreams that the

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office is supporting with Papatipu Runanga will continue – status quo. The point of difference is that this work implements the fresh water principles – ownership and governance.

iv. Quantifying the water – a modelling exercise needs to be carried out to establish what exactly Ngāi Tahu’s ownership of water looked like before the Crown assumed ownership.

v. Strategies – there is a need for a clear understanding of the landscape before we can make any progress. The following strategic workstreams have been identified, Legal, Historical, Economic, Political, Communications/PR, Environmental (innovation and technology),

vi. Mandated Freshwater Rōpū – a Terms of Reference to be developed, with a proposed structure that reports to Te Rūnanga with a functional link to Te Apārangi.

vii. Next Steps – there needs to be an agreement in principle to establish the strategic rōpū, an agreement in principle of the strategic workstreams, and we must go to our whānau and Papatipu Rūnanga and discuss a greater level of rangatiratanga over water. A decision paper will be presented to Te Rūnanga in November 2018..

d) Te Maire Tau raised that for there to be an element of trust from Te Rūnanga to move forward with respect to the level of mandate. This also speaks to the leadership of the Representatives to engage with the community and take the rōpū through to the next stage which will also include the Kaiwhakahaere Freshwater Advisory Group.

ACTION • Decision paper to go to Te Rūnanga in November 2018.

• A revised version of the presentation to be circulated to Representatives to share with Papatipu Rūnanga

• Terms of Reference to be developed, with a proposed structure that reports to Te Rūnanga with a functional link to Te Apārangi

3. TE AROTAKENGA ME TE WHAKAPAKARI (FORM & FUNCTION)

3.1. Decision Paper: Standing Orders Review

MŌTINI That Te Rūnanga o Ngāi Tahu receives the Decision Paper – Standing Orders Review

Makaawhio / Hokonui KUA WHAKAAETIA

a) The COO spoke to the paper on behalf of the Group General Counsel, noting that Te Here have

reviewed and approved the marked-up amendments to the Standing Orders (which have also gone through the Form and Function Review Working Group).

b) The COO summarised the main amendments, as outlined in the paper. c) The Kaiwhakahaere opened the floor for questions and feedback. d) Discussion ensued regarding the preparation of the agenda and whether the Representatives could

be provided with an opportunity to review and feed into the agenda prior to the hui. In response, it was explained that the agenda is set by the pre-approved work plan, and that this suggestion would also cause an unnecessary additional administrative step in the secretariat process, however if there were any pressing issues that a Representative wished to raise as an agenda item, to contact the Kaiwhakahaere directly and for Komiti members to check in with their Komiti Chairs regarding agendas.

MŌTINI That Te Rūnanga o Ngāi Tahu approves the recommended changes to the Te Rūnanga Standing Orders (Te Ara Whāinga)

Waihao / Makaawhio KUA WHAKAAETIA

ACTION • Amendments to Standing Orders to be accepted and the new version saved to

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Governance Documents and replaced where appropriate. • Revised Standing Orders to be circulate to all Governors and management.

4. TE WHATITATA ME TE TAUTUKUNGA (RISK AND COMPLIANCE)

4.1. Decision Paper: Health and Safety Strategy

MŌTINI That Te Rūnanga o Ngāi Tahu receives the Decision Paper – Health and Safety Strategy

Makaawhio / Ōnuku KUA WHAKAAETIA

a) The Group Head - Toi Tangata spoke to the Health and Safety Strategy and 2019 financial year

annual work plan noting that the work plan defines the work activities for year ahead and outlines associated performance indicators against the three strategic pou; Operational Excellence, Wellbeing Culture, and Visible Leadership.

b) The recent Go Bus incident was raised and it was queried why Te Rūnanga were not advised of the charges before it went to media. In response the COO noted that the Office were not advised until the same time that the information went to the media, but provided assurance that the Office will do their best to ensure Representatives are advised of such matters before the media are informed.

c) Also noted to be mindful of not getting too involved in NTHC matters, however it was recognised that there needs to be an open line of communication.

d) Discussion regarding the key work activities and measures (as per the strategy) ensued: i. Item 1.3 – further mahi is planned to get a better understanding of the Tribal Properties risk

exposure. ii. Item 1.4 – a communication will be sent to all Representatives seeking interest regarding

professional development. Suggest that all Representatives be encouraged to attend H&S governance training, not just six as stated on the plan.

iii. Item 3.3 – encourage more site interactions showing a proactive approach. e) Te Rūnanga were supportive of the strategy and encouraged the continuation of the kaupapa.

ACTION • A diagram that clearly sets out the Representatives line of responsibility for easy

reference • All Representatives to be encouraged to attend H&S governance training

4.2. Decision Paper: Media Policy Review

MŌTINI That Te Rūnanga o Ngāi Tahu receives the Decision Paper – Media Policy Review

Waihōpai / Kaikōura KUA WHAKAAETIA

a) The COO spoke to the paper noting that in August 2018, Te Here debated whether the current

Media Policy was overly restrictive and whether Representatives and Alternates (the ‘Governors’) should have more authority to engage with the media. A number of differing opinions were expressed and from those discussions Te Here adopted the recommendations in the paper on the proposed changes to the Media Policy.

b) The COO noted that the preference is to still manage communications in a restrictive way, but to consider it being less restrictive and allow more flexibility for the Governors to speak freely to media.

c) The Kaiwhakahaere opened the floor for questions and feedback.

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d) It was raised that essentially the Policy does not work in practice, and that the Governors have been and are currently operating outside the Policy, albeit in a non-detrimental way, so for the Policy to allow for more flexibility, and to have an element of discretion, there needs to be consideration given to freedom of speech versus appropriate restrictions.

e) Noted that the Policy can always be amended if it does not work in practice, but there needs to be an appropriate Policy in place to address situations and manage the risk, for example, in the unlikely event where a Governor may go against the collective opinion of the Table.

f) Where in doubt, the Governors to contact the Office for clarification.

MŌTINI That Te Rūnanga o Ngāi Tahu Approves the changes to the Media Policy set out at Appendix One.

Wairewa / Ōnuku KUA WHAKAAETIA

ACTION Revised version of the Media Policy to be uploaded to Governance Documents and

circulated to all Representatives and Alternates

5. HE PEPE WHAKATAUNGA (DECISION PAPERS)

5.1. Decision Paper: Te Rūnanga Alternate Rūnanga Representative Fee Review MŌTINI That Te Rūnanga o Ngāi Tahu receives the Decision Paper – Te Rūnanga Alternate Rūnanga Representative Fee Review

Waihōpai / Tūāhuriri KUA WHAKAAETIA

a) The Te Rūnanga Te Whakaue Deputy Chair spoke to the paper noting that it was a very difficult

process to determine what would be fair remuneration given the uniqueness of the Alternate position, and that there are very limited guidelines and no bench mark information for guidance. She then referred the Table to the remuneration proposed.

b) The Kaiwhakahaere opened the floor for feedback and discussion. c) After a robust discussion as to what the Table felt was fair remuneration, taking into consideration

the increasing accountabilities of Governors, albeit in practice the role of the Alternate is narrower than the Representative, the majority of the Table agreed with the recommendations set out in the paper. Those who did not agree felt that an Alternative’s fee should be higher, and proposed consideration of a higher fee of 20% - 25%. Some argued that with a higher fee this would also encourage a better level of engagement although this was considered unlikely by others.

d) What was identified as a result of the discussion, that there were differing views regarding the expectations of the Alternates, and it was suggested that there be another kōrero on this point and not be debated at this time, noting that if there is a greater expectation in respect of the role and responsibly of an Alternate, there needs to be an agreement.

MŌTINI That Te Rūnanga o Ngāi Tahu:

a) Approves the policy that Alternates are paid: a. Annual fee of 10% of the Rūnanga Representative fee b. $500 per Te Rūnanga meeting fee up to five meetings per annum c. Travel and accommodation costs to attend each Hui d. Professional development allowance $2,000.00 per person per annum. e. That if an Alternate sits at a scheduled Te Rūnanga meeting as the Representative

they are paid a daily fee of $1,000.00

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f. That Alternates are insured under the Te Rūnanga Group Insurance Policy b) Confirms the effective date for the above from 1 July 2018

Taumutu / Koukourarata

Kua whakahē Kaikōura / Arowhenua KUA WHAKAAETIA

ACTION Te Whakaue present a paper to Te Rūnanga in November to address the expectations of

Alternates.

5.2. Decision Paper: He Rautaki mō te Huringa Āhua o te Rangi – Climate Change Strategy

MŌTINI That Te Rūnanga o Ngāi Tahu receives the Decision Paper – He Rautaki mō te Huringa Āhua o te Rangi – Climate Change Strategy.

Waihao / Moeraki KUA WHAKAAETIA

a) The GM Strategy and Influence (GM S&I) spoke to the paper, provided background, noting that in

April 2018 Te Apārangi approved the strategy and requested that an abridged version of the strategy be developed with a focus on whānau uptake. The text for the abridged version was approved by Te Apārangi in June 2018. Noted however that resource implications are yet to be worked through.

b) A communications plan will be developed once the strategy is completed and ready for distribution, focusing on delivering the strategy across the Te Rūnanga Group, and to Papatipu Rūnanga and whānau. A plan is also in place to introduce the strategy to broader groups including iwi, local and national government, and research entities.

c) The mahi by the S&I team was acknowledged, noting the strong leadership that is being demonstrated. The Table congratulated S&I on the progress made to date in respect of the strategy.

MŌTINI That Te Rūnanga o Ngāi Tahu:

a) Approves He Rautaki mō te Huringa Āhua o te Rangi – Climate Change Strategy; and b) Approves the Abridged Version of He Rautaki mō te Huringa Āhua o te Rangi – Climate Change

Strategy. Ōraka-Aparima / Makaawhio

KUA WHAKAAETIA

ACTION Full Climate Change Strategy to be circulated to Papatipu Runanga and an abridged version made available to external parties.

6. IN KOMITI SESSION

MŌTINI That Te Rūnanga o Ngāi Tahu move In Komiti from 1.45pm

Waewae / Wairewa KUA WHAKAAETIA

The hui moved out of In Komiti and resumed General Agenda at 3.35pm

7. GENERAL AGENDA (CONT.)

7.1. Whakatūturutanga o Ngā Miniti (Confirmation of Minutes)

MŌTINI

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That the minutes of Te Rūnanga o Ngāi Tahu hui, held on 18 August 2018, be accepted as a true and correct record as amended.

Waihao / Moeraki Ka pare e Waihōpai KUA WHAKAAETIA

7.2. Matters Arising

The COO spoke to the matters arising.

8. HE TAKE NOA (GENERAL BUSINESS) 8.1. Release of In Committee Papers

a) Appendix One – External Issues Paper dated August 2018 except Relativity and Aquaculture b) Outcome of the appointment of Dr Benita Wakefield to the HSNO Komiti

Koukourarata / Wairewa KUA WHAKAAETIA

8.2. Papers Taken as Read

a) CEO Report b) CEO Performance Plan c) Common Seals d) Elections Update e) Form and Function Review Update

MŌTINI That Te Rūnanga o Ngāi Tahu move In Komiti at 3.40pm

Waewae / Tūāhuriri KUA WHAKAAETIA

The General Agenda hui closed at 3.40pm

DATED THIS DAY OF 2018 SIGNED BY:

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Te Rūnanga o Ngāi Tahu - Matters Arising - Current

TRoNT Matters Arising - current – updates since last hui in red

Item No.

Ref Item Who Action Taken / Update Status Due Date

1. Sept 18 Health and Safety Strategy Add into the Reps information

A diagram that clearly sets out our line of responsibility (a quick easy read)

3.0 Identify any Professional development opportunities for Reps/Alts 3.3 Governance interactions – ensure Governors are taking opportunities to complete interactions

Head of Toi Tangata

Toi Tangata have enabled Representatives to attend a Health and Safety Steering Group hui

On Going Nov 18

2. Sept 18 Alternates’ Fee Structure

A paper will come back to the table so it addresses the expectations of the Alternates

The Chairs’ Forum will discuss the best persons to be part of this sub-Komiti

Form and Function/ COO Chairs’ Forum

A paper has been prepared for the November 2018 hui. Refer papers.

Complete Nov 18

3. Sept 18 Climate Change Strategy

Video for Hui-a-tau

Abridged version will be sent out to Papatipu Rūnanga

Full Strategy will be sent out to stakeholders

COO/ GM S&I

Kanohi ki te Kanohi with all Papatipu Rūnunga is currently underway. Once this has been complete information will be spread further.

Ongoing Nov 18

4. Sept 18 Te Whakaariki – Freshwater

Decision paper to go to Te Rūnanga in November 2018.

Terms of Reference to be developed, with a proposed structure that reports to Te Rūnanga with a functional link to Te Apārangi

FWAG Decision paper has been prepared for the November 2018 hui. Refer papers.

Complete Nov 18

5. Aug 18 Te Whakaue – Charter, Chair and Deputy Chair Role Descriptions A paper on The Chairs’ Forum by FFRWG to Te Rūnanga o Ngāi Tahu. From there decide whether to add back wording: 7(a) from the TRARC TOR

FFRWG

Paper went to FFRWG in October 18. Decision was not to proceed with the TOR, as the Forum is seen as a support network for Chairs.

Complete Nov 18

6. Aug 18 Health and Safety Due Diligence Review The Office to distribute a schedule of upcoming events, where Rūnanga Representatives can volunteer to attend and participate in H&S interactions.

CEO Please refer to INFO Paper in Te Here – Hua-A Tau

Complete Sept 18

7. Sep 17 Policy Review – Appointment to External Organisations – include a review date around Papatipu Rūnanga (PR) engagement process with an emphasis on getting some consultation back to make sure it fits with PR

Oranga APRIL 2019 – TR DEC Paper - 12 month Policy Review (including Inter Papatipu Rūnanga dispute process)

In Progress April 2019

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Te Rūnanga o Ngāi Tahu - Matters Arising - Current

TRoNT Matters Arising - current – updates since last hui in red

8.

Aug 17 Office Delegations Policy – Form & Function Committee to review TOR for Te Here regarding the Office Delegations Policy

COO On the new Policy cycle with Te Here

Complete 2018

9. Aug 17 Form and Function Review:

Undertake a further independent review of the two leadership roles - Kaiwhakahaere and Deputy Kaiwhakahaere.

Te Rūnanga

Refer November 2018 hui papers.

In Progress

Feb 2019

10. Jul 09 Gifting of Aoraki – the Office to produce a Discussion paper in relation to this and the broader Settlement related issues. Settlement breaches to be wānanga topic

GM S&I Not to be removed

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HE TAKE NOA

(GENERAL BUSINESS)

Te Rūnanga o Ngāi Tahu - 23 November 2018 - HE TAKE NOA (GENERAL BUSINESS)

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Te Rūnanga o Ngāi Tahu

NO

VE

MB

ER

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18 CEO REPORTHuhi ki runga, huhi ki raro,

Kua riro ō koutou tīnana ki raro ki a Uenuku,Ō koutou wairua ki runga ki te rangi.

Ngā manu whititua, ngā manu taki, ngā manu taiko,Kua wehe i te iwi, haere!

Tātou ngā manu o te wao nui, e tangi nei i te pūaotanga o te rā,Tihewā, Tihewā!

Nei noa ake tāku pūrongo mutunga o te tau.No reira, e aku tini kārangatanga whanaunga,

Kia tau mai te āīō, te āhurutanga, me te tōmairanga atawhai, ki a tātou katoa,i a tātou e ngahunga atu ana ki te wā whakatihi o te tau!

Yamada O'Regan Alumni at Matauranga Trust Noho Marae

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Te Rūnanga o Ngāi Tahu - 23 November 2018 - CEO Report

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On 1 October we celebrated the 20th anniversary of the Ngāi Tahu Claims Settlement Act 1998 receiving Royal Assent and at the end of this month we commemorate 21 years since the Claim was settled. As an organisation we are 20 years young; as an iwi our history is long.

Despite the challenges we have encountered since settlement, we have undoubtedly made considerable progress in growing the distribution to whānau via a range of initiatives designed to enhance the wellbeing of our whānau, hapū and iwi. The recently released annual report provides us with a great reminder of just how far we have come – in our treaty partnerships, our environmental mahi, our increasing engagement with whānau and the growing strength of our communities.

We are now evidencing Papatipu Rūnanga asserting confidence in building their own tribal economies. As this becomes more apparent, the role of the Office will increasingly become one of support in enabling this development to flourish. This does not detract from the wider Ngāi Tahu whānau outcomes but, rather, provides another avenue to a pathway of self-determination for our people.

Alongside this is the continuing increase in our whakapapa database from just 21,000 at Settlement to over 61,000 and growing. If we are to remain relevant, we need to be continually looking at meaningful and innovative ways to engage that resonate with the needs of our whānau in a fast-changing environment. In a world dominated by social media we have the mechanisms available to hit the ‘hot spots’ of engagement that will drive a broader response.

While the focus of the CEO’s report is on highlighting the mahi within our Pou and highlighting the progress and successes in terms of whānau reach and participation, we need to be continually mindful of the bigger picture vision and long-term outcomes on the drawing board as these are what will drive meaningful tino rangatiratanga for the iwi. To achieve this, we need constant challenge and enquiry to maintain momentum and focus –Te Rūnanga are the future focused advocates of Ngāi Tahu whānui and carry this core responsibility – the Office invites and looks forward to your guidance.

Tahu FM listenership on the riseOur Tahu FM team achieved some extraordinary results in the latest radio survey, including receiving an 8.3 percent audience share for all people between 18 – 34 years of age – sixth behind The Edge, The Rock, ZM, More FM and Hauraki; andalmost 3 percent higher than Mai FM. Interestingly, Tahu FM scored the highest average time spent listening with a whopping 50 hours and 23 minutes for all listeners 10 years and over, and 53 hours and 41 minutes during the survey period for 18 – 34 year olds. Added to this, they received the award for Best Station Vignette at the recent iwi radio awards in Rotorua.

Ngāi Tahu Archives The Ngāi Tahu Archives team has also received recognition recently for two of their key projects, with Tāngata Ngāi Tahu: People of Ngāi Tahu winning the non-fiction book award at the New Zealand Society of Authors Heritage Week Book and Writers Awards; and, Kā Huru Manu – the Ngāi Tahu Cultural Mapping Project being named as a finalist in the People and Community Category at the NZ Spatial Excellence awards. Ka Huru Manu and its references have also been recognised by the New Zealand Geographic Board as an authoritative source under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008. Effectively, this means: the reinstatement of tūturu names in the government record and on official maps;recognition as the preeminent database for Ngāi Tahu tūturu place names; and the ability for Ngāi Tahu to use the atlas to utilise the fast-track process for having names made official.

This recognition is a heartening reminder of how far we have come in terms of our reach and acknowledgement in the wider community. Another recent example was the opening of Tūranga, the new central city library in Ōtautahi. The overwhelmingly strong presence of our mana whenua in the design and build of this iconic city resource is testament to the strengthening statutory partnerships.

POUNgāi TahutangaCulture and Identity

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Kotahi Mano KāikaEngagement in our KMK te reo learning initiatives continues to gather momentum with 40 rakatahi participating at the recent Kura Reo at Koukourarata and 60 whānau attending the Kia Kurapa Kaikōura in early September.

POUOrangaHealth & Wellbeing

Tokona te Raki The development of Tokona Te Raki continues to progress with two Māori social innovation experts having been appointed to build the capability of the team, lead co-design and harness disruptive innovation for social change. The team will be co-facilitating a range of mini co-design hui with rangatahi and whānau across the regions to build our capability and to ensure our efforts are founded in the realities of whānau lived experience. An analysis of all Ngāi Tahu outcomes from education through to employment is expected to be completed end November. What is exciting about this initiative is that innovation and disruptive thinking are its key drivers for creating the systemic change that will improve the outcomes for whānau.

Tokona te Takata We are continuing to work closely with Ngāi Tahu Tourism (NTT) on the Takapō Earth and Sky Project to encourage employment opportunities for whānau. Five information sessions have been held with 203 attendees and our Iwi Capability team is working alongside NTT to follow up on 45 whānau expressions of interest in roles.

Rakiura Aquaculture The Tribal Economies and Strategy and Influence teams are working with Ngāi Tahu Seafood on the Rakiura Aquaculture resource consent application. The intent of this consent is fourfold: to ensure the space is secured; that Murihiku Rūnanga continue to be engaged in this opportunity; the Haea Te Awa Principles of regional enhancement and development are realized; and to progress Aquaculture new space settlement obligations.

Whai RawaWe were delighted with the recent acknowledgement of Whai Rawa winning the New Zealand Workplace Savings, 2018 Product Disclosure Statement of the year Award!

While membership to Whai Rawa continues to grow, a research company has been engaged to do some work around why registered tribal members have not joined the scheme and why a significant number of those who have are not saving.

Other exciting work in the Whai Rawa space is: the development of Kaitiaki Moni – a tool that incorporates financial literacy targeted at tamariki; and He Pikau Haumaru – celebrating first home ownership using Whai Rawa fundswith a gift – an emergency backpack full of items to promptfurther thought about how whānau would cope and survivein the event of an emergency.

POU Papatipu RūnangaLocal Development

Marae SustainabilityŌnuku is the second marae to complete the successful installation of solar panels as an alternative form of generating power with funding from the Marae Sustainability Fund. Sixty-eight panels have been installed and it is estimated they will generate 25,500kwh of energy each year.

Architecting Sustainable Futures symposiumIn September, Helen Brown attended the Architecting Sustainable Futures symposium in New Orleans. The symposium provided a unique opportunity to network with African American, Latinx, Native American and other communities who are all working to ensure that the record of their shared cultural heritage is retained for future generations.

Commemorating SettlementOn 28 September the kaimahi of Te Rūnanga participated in activities at Papatipu Rūnanga and Tuhaitara Coastal Reserve to commemorate Settlement Day. This is a wonderful opportunity to give back to our community and strengthen relationships among kaimahi from across different parts of Te Rūnanga Group. This was our third year we had teams at Taumutu, Tuahiwi, Rāpaki, Ōnuku, Tuhaitara Reserve, Moeraki and Ōtākou.

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POUMātaurangaKnowledge

Te Pokai Ao ki Hawaii Our second Te Pokai Ao haerenga for 2018 took place during the October school holidays. This rōpū of 21 rakatahi spent a week in Hawaii, learning about Hawaiian traditions, mahika kai practices, culture and science in association with the University of Hawaii in Manoa and the University of Canterbury. This experience creates an opportunity to expose our young people to the wider world, technology and other cultures, and provides a taste of what they need to be thinking about when making education and career choices for their future.

School Starter PacksOur school starter pack initiative has sparked much interest among whānau. Distribution started in September with 220 packs sent out in the first week. The feedback from whanau has been overwhelming. The main purpose of this initiative is to not only connect our tamariki with their iwi but most importantly to give them a head start in terms of a positive learning journey.

Environmental GovernanceThe Ngāi Tahu Species Recovery representatives held their first ever meeting on Whenua Hou at the beginning of September. The nine species recovery representative positions were established as part of the Settlement. We are now taking a new and coordinated approach to improving governance and decision-making on these important taonga.

I would like to offer my congratulations to recent appointees: Yvette Couch-Lewis, co-chair of the Hoiho Governance Group; Tane Davis, Ngāi Tahu representative, NZ Conservation Authority; and Rauhine Coakley, chair, West Coast Tai Poutini Conservation Board. The NZ Conservation Authority is a national body with significant decision-making powers and influence.

POUTe Ao TūroaNatural Environment

Education Summit Around 45 people joined the mātauranga team at Moeraki last month to take part in an education summit to discuss tribal and regional education strategies. These hui provide an opportunity for whānau, Papatipu Rūnanga and external agencies to come together and share issues and experiences. Representatives from the Ministry of Education (MoE), the Education Review Office (ERO) and New Zealand School Trustees Association (NZSTA) all attended the Moeraki summit to speak to whānau within the Araiteuru, Aoraki region about what is happening within their organisations to meet the aspirations of our whānau.

This hui followed on from one held earlier in the year at Rāpaki. There are plans to hold two more - one in Murihiku and one on Te Tai Poutini over coming months.

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Arihia Bennett MNZM Chief Executive Officer

POUTe WhakaarikiStrategy & Influence

Climate Change StrategyThe first hui with whānau to discuss and seek input into the Climate Change Strategy was held in Moeraki. The importance of whānau driving the process and designing solutions appropriate to the unique needs of each Papatipu Rūnanga was emphasised. More hui will follow, with the next one expected in Ōtākou later this month. The Kaiwhakahaere will present the strategy at Hui a Tau where an abridged ‘whānau’ version will also be distributed.

Environment Canterbury Representation We are supporting Environment Canterbury in promoting a local Bill to parliament to formalise the two current Ngāi Tahu councillor seats. The Canterbury Regional Council (Ngāi Tahu Representation) Bill, if passed, will mean the status quo of Ngāi Tahu having two appointees sitting on the Council will remain even after the Environment Canterbury (Transitional Governance Arrangements) Act 2016 expires in 2019.

Having the certainty that we can continue to appoint two Ngāi Tahu representatives to the Council means we can further build on our Treaty partnership with Environment Canterbury. Mana whenua representation over the past eight years has proved effective in key kaupapa that affects our land and our people including freshwater management.

Kahui Governance GroupThe new Kahui Governance Group for the partnership with the Department of Conservation has had its first meeting with DOC Director-General Lou Sanson and his senior management team. The role of the Governance Group is to provide high level strategic directions to improve our interactions with DOC.

New Space Aquaculture AgreementsThe Canterbury and Marlborough new space aquaculture agreements with Ngāti Toa and Rangitane have been completed with no other iwi’s rights or interests recognised within the Ngāi Tahu takiwā. This is a huge milestone.

Supporting the regionsWe are continuing to work closely with Papatipu Rūnanga on environmental issues impacting in their local areas. Amongst this: working with Arowhenua on their Environmental Court appeal relating to water take concerns; the lack of mediation with local rūanga on the Southland Water and Land Plan; the Aoraki and Tai Poutini National Park Management Plans; and providing evidence to the hearings panel for the Marlborough Environment Plan for which Te Rūnanga and Te Rūnanga o Kaikōura were commended on the quality of evidence provided.

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ANNUAL GENERAL MEETING

Te Rūnanga o Ngāi Tahu - 23 November 2018 - ANNUAL GENERAL MEETING (AGM) – separate papers

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Annual General Meeting


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Ngāi Tahu Charitable Trust



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