Komiti Māori · 10/3/2017 · For the period of the 2016-2019 Triennium unless discharged earlier...

Komiti Māori

Mary-Anne Macleod Chief Executive

3 October 2017

NOTICE IS GIVEN

that the next meeting of the Komiti Māori will be held in Waiteti Marae, 30 Waiteti Road, Ngongotaha, Rotorua on:

Tuesday, 10 October 2017 commencing at 9.30 am.

Please note: a Pōhiri will take place at 9.30 am prior to commencement of the hui.

BOPRC ID: A2460603

Komiti Māori Terms of Reference The Komiti Māori has the core function of implementing and monitoring Council’s legislative obligations to Māori.

Delegated Function To set operational direction for Council’s legislative obligations to Māori and monitor how these obligations are implemented. This will be achieved through the development of specific operational decisions which translate legislative obligations to Māori into action.

Membership Three Māori constituency councillors and three general constituency councillors (the membership of the general constituency councillors to be rotated every two years), and the Chairman as ex-officio.

Quorum In accordance with Council standing order 10.2, the quorum at a meeting of the committee is not fewer than three members of the committee.

Co-Chairs to preside at meetings Notwithstanding the Komiti Māori has an appointed Chairperson, Māori Constituency Councillors may host-Chair committee meetings that are held in the rohe of their respective constituency.

Term of the Committee For the period of the 2016-2019 Triennium unless discharged earlier by the Regional Council.

Meeting frequency Two-monthly.

Specific Responsibilities and Delegated Authority The Komiti Māori is delegated the power of authority to:

• Monitor Council’s compliance with its obligations to Māori under the Local Government Act 2002 and the Resource Management Act 1991;

• Approve actions to enhance Māori capacity to contribute to Council’s decision-making processes for inclusion in the development of the Long Term Plan;

• Recommend to Council effective Maori consultation mechanisms and processes;

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

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

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BOPRC ID: A2460603

• Formally receive iwi/hapū management plans;

• Make submissions on Māori related matters, except where the submissions may have a wide impact on Council’s activities, in which case they might be handled by the Regional Direction and Delivery Committee or Council;

• Establish subcommittees and delegate to them any authorities that have been delegated by Council to the Komiti Māori and to appoint members (not limited to members of the Komiti Māori);

• Approve its subcommittee’s recommendations for matters outside the subcommittee delegated authority;

• Recommend to Council the establishment of advisory groups to represent sub-region or constituency areas and to consider specific issues.

Note:

The Komiti Māori reports directly to the Regional Council.

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Membership

Chairperson: A Tahana

Deputy Chairperson: T Marr

Ex Officio: Chairman D Leeder

Committee Advisor: M Stensness

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

Agenda

1 Opening Karakia

2 Apologies

3 General Business and Tabled Items

Items not on the agenda for the meeting require a resolution under section 46A of the Local Government Official Information and Meetings Act 1987 stating the reasons why the item was not on the agenda and why it cannot be delayed until a subsequent meeting.

4 Public Forum

5 Declarations of Conflicts of Interests

6 Previous Minutes

6.1 Komiti Maori minutes - 23 August 2017 9

7 Presentations

7.1 Ngāti Ngāraranui

Presenter: Mr Guy Ngatai

7.2 Te Kōmiro o te Ūtuhina

Presenter: Ms Lani Kereopa

7.3 Ngāti Rangiwewehi

Ms Gina Mohi

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7.4 Te Arawa LakesTrust

Presenter: Ms Nicki Douglas

8 Reports

8.1 Update on Mana Whakahono a Rohe - Iwi Participation Agreements Resource Management Act Amendments 21

APPENDIX 1 - AppendixKomitiMaori - Te Mana Whakahono a Rohe 25

8.2 Enhancing RMA awareness for Māori : RMA Training Workshops 37

8.3 General Manager Strategy and Science Update 41

APPENDIX 1 - Komiti Maori Actions for 10 October 2017_Final 47

9 Open Forum

10 Consideration of General Business

11 Closing Karakia

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Previous Minutes

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1

Minutes of the Komiti Māori Meeting held at Opureora Marae, Opureora Road, Matakana Island on Wednesday, 23 August 2017 commencing at 9.30am.

Click here to enter text.

Present:

Chairman: M McDonald

Deputy Chairman: T Marr

Councillors: L Thurston, D Love, W Clark

Ex Officio: Chairman D Leeder

In Attendance: Cr J Nees, Cr N Bruning, J Graham (General Manager Corporate

Solutions), K O’Brien (Strategic Engagement Manager), S Omundsen (Tauranga Catchments Manager), C Koopu, H Simpson (Senior Advisors - Treaty), R Irving (Senior Regulatory Project Officer), K Heitia (Strategic Engagement Coordinator), S Hohepa, K Pihera-Ridge (Māori Policy Advisors), N Capper (Pou Ngaio Technical/Cultural), L Tauroa (Internal Services Officer), N Heitia (Office Assistant, Mātauranga Māori Framework), H Ryan (Administration Officer, Kopeopeo Remediation Project), S Kameta, M Stensness (Committee Advisors)

Tangata Whenua: K Toma, T Roretana, N Kuka (Ngāi Tuwhiwhia),

R Harawira (Ngāi Te Rangi), J Murray (Matakana); Pirirakau Incorporated Society: J Shepherd (Environment Manager), R Kuka (Chairman)

Apologies: Crs A Tahana and L Thurston; F McTavish (General Manager

Strategy and Science), H Palmer.

1 Pōhiri/Welcome

A pōhiri took place at 9.30 am prior to commencement of the meeting at 10:45 am.

2 Karakia

Ngāi Tuwhiwhia Kaumātua Mr John Toma opened with a karakia.

3 Host Chair to preside

Tēnei te mihi nui kia koutou katoa ngā tangata whenua, ano nei kia koe Matemoana, nāu tenei rohe no reira māu e noho hei tiamana ki te whakahaere I tenei hui, kei ia koe te rakau.

In the absence of the Chair, Deputy Chair T Marr advised that Cr McDonald would host-Chair the meeting as it was being held in her respective constituency.

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Komiti Māori Wednesday, 23 August 2017

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Chair McDonald acknowledged kaumātua and tangata whenua of Matakana Island and thanked them for their hospitality in hosting the meeting and welcoming Toi Moana-BOPRC.

4 Apologies

Resolved

That the Komiti Māori under its delegated authority: 1 Accepts the apologies of Cr Tahana and Cr Thurston tendered at the

meeting.

Marr/Clark CARRIED

5 General Business and Tabled Items

There were no General Business or late items tabled.

6 Declaration of conflicts of interest

There were no conflicts of interest declared.

7 Previous Minutes

7.1 Komiti Maori minutes - 20 June 2017

Resolved

That the Komiti Māori under its delegated authority:

1 Confirms the Komiti Maori minutes of 20 June 2017 as a true and correct record.

Marr/Clark CARRIED

8 Reports

8.1 Matakana and Rangiwāea Hapū Management Plan 2017 Update

This plan was formally lodged at the previous Komiti Māori hui held on 20 June 2017 as outlined in the General Managers report.

Jason Murray and Nessie Kuka thanked Toi Moana-BOPRC for their financial and technical support in completing the revised Matakana-Rangiwāea Hapū Management Plan 2017 (MHMP). It was noted that the original Hapū Resource Management Plan was still relevant and should be considered alongside the revised edition.

Mr Murray presented an overview of three key resource management issues within the MHMP that pertained to the:

1. Mill site;

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2. Ski lanes; and

3. Opureora channel dredging.

1. Mill site

It was noted that the Mill site had operated from 1955 until 2006. The principal concern for Pirirakau was the health of the whenua (land) and commented as follows:

Site contamination from highly toxic chemicals used (i.e PCP) during operations and failure to dispose of toxins safely away from the mill site;

Implications of major health issues affecting the Matakana community. Mr Murray advised of a high mortality rate of people aged 50-60 years and of contamination concerns raised by the late Mr Joe Harawira who had visited the mill site;

Major concern that toxins may have affected bore water used by residents. Sand soil testing had been performed at a 15cm depth. Hapū representatives requested deeper soil testing be carried out to ascertain the full extent of contamination risk;

Tangata whenua requested assistance from Toi Moana-BOPRC for further independent site testing for dioxins and for a report on the implications of those findings to be provided to assist tangata whenua to understand the scope of contamination.

Senior Regulatory Project Officer Reece Irving provided insight into the Hunter’s Creek Sawmill history:

Toi Moana-BOPRC staff had undertaken soil, sediment and surface water testing in 2011 - three showed heavy metals levels, one with low levels of PCP detected and one showed elevated arsenic in soil;

Toi Te Ora Public Health had sampled the drinking water bore and advised it had met drinking water standards;

Barriers to further testing by Toi Moana-BOPRC of site was that the land was privately owned and needed to abide by MFE regulations.

Mr Irving welcomed Tangata whenua involvement and confirmed Toi Moana-BOPRC staff could assist with technical advice regarding further investigation into soil contamination and groundwater impacts along with resources to map waste dump site locations. Maori Policy Advisor Clarke Koopu and Mr Irving would co-ordinate site visits with tangata whenua.

2. Ski lanes

Mr Murray reported that Hunter’s Creek ski lanes continued to cause major issues for tangata whenua and residents alike, particularly during low tide. They noted their frustrations with slow processes and that hapū aspirations weren’t being heard.

They requested the lanes be moved for the following reasons:

Loss of kaimoana and shellfish in the area – kukuroa (horse mussel), titiko (mud snails) were no longer available with further depletion of pipi, tuangi (cockles) and tuna (eel) habitat in area;

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Increased and continual recreational use caused high levels of sediment and shallow beds which posed risk to safety from speeding;

Impacts of increased recreational use on amenity issues witnessed by residents – waste left behind, increased pressure on local health facilities, recreational users urinating anywhere as no toilets in vicinity;

Tangata whenua had aspirations to create a protected marine area in replacement of the ski lanes to allow for the regeneration and revitalisation of the natural ecology of that area.

Advice was provided that the Navigation Safety Bylaw adopted in 2016, set out rules relevant to the ski lanes. As a result of advice received from tangata whenua and the Island community at the Bylaw hearing, further monitoring had been requested to capture evidential data to affect future change (i.e moving lanes).

3. Opureora Channel dredging

Mr Murray informed of eight smaller projects Toi Moana-BOPRC were assisting tangata whenua with were working positively, including:

Rangatahi (Youth) involved in clearing channels – Taiohi (younger generation) have enrolled in Marine Biology studies at Toi Ohomai;

Long term plan and exercises in place to revive shellfish including Kukuroa (Horse mussel);

Formation of sand banks from channel dredging was providing a landing site for migrating Kuaka (Godwit bird) – assisting increased numbers.

The Chair acknowledged hapū representatives for their perseverance to effect environmental change on Matakana and made the following remarks:

Kua roa rawa te wa e hurihuri haere tenei kaupapa, neke atu ki te rima tau e whawhai ana koutou mo tenei take, kei te tino whakamā ahau mo tēra - Noted disappointment that the ski lanes were a long-standing issue, which had been continually raised by tangata whenua but considered as only anecdotal evidence;

Recreational use within Hunter’s Creek seemed to override cultural concerns and the protection of the environment;

Looked forward to the implementation of the Mātauranga Māori Framework, which would give more weight to tangata whenua observations, which needed to be recognised to protect the affected marine areas;

Kia kaha koutou ki te whawhai i tenei kaupapa - Encouraged tangata whenua to pursue their aspirations of kaitiakitanga and protection of these integral areas for the health and safety of current and future generations.

8.2 Formal Lodgement of Pirirakau Hapu Management Plan 2017

Pirirakau Incorporated Society Chairman Rawiri Kuka and Environment Manager Julie Shepherd gave an overview of the 2017 Pirirakau Hapū Management Plan (PHMP)

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and explained that the existing Environmental Management Plan still applied and supported the 2017 PHMP which provided an updated contemporary view from Pirirakau hapū.

Gratitude for funding support and continual assistance provided by Toi Moana-BOPRC.

The following key points in the PHMP:

Included significant interests in the Wairoa River including the connections with Tahataharoa to the Wairoa;

Included cultural and ecological aspirations and desire to re-generate Tahataharoa into a wetland;

Considered the urban spread in relation to septic tanks. It was noted that further discussions with WBPODC were needed to consider viable options for Te Puna West;

Pirirakau Resource Management Unit (‘RMU’) had sufficient capacity and processes in place to respond to resource consent applications.

On behalf of Pirirakau, Mr Kuka requested financial support from Toi Moana-BOPRC to negotiate the future aquisition of Tahataharoa. It was noted that Tahataharoa was significant to Pirirakau as it is the burial place of their principal ancestor Tutereinga and supported by his ohākī (parting wish) ‘Take me to Tahataharoa so that I may hear the murmur and song of the sea’.

The Chair acknowledged the resource management expertise held by Pirirakau and noted that Tauranga Moana hapū and iwi are challenged by limited resource management staff resourcing. She considered it may be timely for hapū/iwi resource management staff to look at options to combine resources to cope with increased demand and to build hapū/iwi capacity and capability. The Chair requested that staff facilitate a meeting with Iwi and hapū to socialise the issue.

The Chair recommended that Pirirakau submit a proposal for acquisition of Tahataharoa through the Long Term Plan process.

Resolved


1 Receives the presentation and report, Formal Lodgement of Pirirakau Hapū Management Plan 2017;

2 Formally receives Pirirakau Hapū Management Plan 2017;

3 Requests that Māori Policy staff facilitate discussions with relevant Tauranga Moana resource management staff/practitioners to investigate options to build capacity and capability (including socialising the option of establishing a single Tauranga Moana resource management unit.

Clark/Love CARRIED

8.3 Tauranga Moana Programme

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Refer Power Point Presentation Objective ID A2681075

Tauranga Catchments Manager Sarah Omundsen provided a brief update on the Tauranga Moana Programme. She advised the programme created opportunities to allow for tangata whenua involvement in three areas: governance, strategy and planning; and operations. Operational staff continued to work with hapū on projects to improve the health of land and water in the Tauranga Harbour and catchments. The presentation highlighted:

Areas where land management agreements were underway;

Tangata whenua were committed to clearing overgrown areas – recently assisted in major clean-up of old urupa (burial site/graveyard);

Approximate loss of wetland areas on Matakana equated to 95%;

Areas such as the Wairoa River were full of sediment;

Tangata Whenua to provide Komiti Maori with an update on the Tauranga Moana Programme and the opportunities for tangata whenua to be more involved.

Resolved

That the Komiti Maori under its delegated authority:

1 Receives the Tauranga Moana Programme report.

Clark/Marr CARRIED

8.4 He Toka Tumoana: Environmental Scholarship to commemorate the late Councillor Awanuiarangi Black

Strategic Engagement Coordinator Kerry Heitia provided a summary of He Toka Tumoana as follows:

A scholarship created in commemoration of the late Cr Awanuiarangi Black;

Administered through the Regional Community Outcomes Fund – Hapai Ora;

Two $5,000 scholarships would be offered – expected to go live and be available by September 2017;

Scholarships would be focussed on improving or maintaining environmental integrity, including Mātauranga Māori within the BOP;

Supported by a clear assessment criteria with no age limit on candidates.

Resolved


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1 Supports the establishment of He Toka Tumoana (Environmental Scholarship) which will be administered through the existing Regional Community Outcomes Fund - Hapai Ora.

Leeder/Marr CARRIED

8.5 Update on Treaty claims and settlements in the Bay of Plenty

Strategic Engagement Manager Kataraina O’Brien reported, key highlights noted were:

Deed Of Settlement had been signed by Ngāti Tūwharetoa on 8 July 2017. Once the settlement is enacted into legislation, Ngāti Tūwharetoa (Taupō) will be able to appoint a member to the Rangitāiki River Forum.

Ngāti Pukenga Treaty Claim Settlement Bill – the 3rd reading was held on 9 August 2017. Legislation would be enacted following receipt of royal assent;

Te Whakatōhea tribe signed their Agreement in Principle.

Te Whānau a Apanui mandate to negotiate a Treaty claim was approved by the Crown.

Cross claim and overlapping boundary issues between Hauraki and Tauranga Moana were being addressed by those iwi.

Toi Moana would maintain a close working relationship with the Office of Treaty Settlements and other crown agencies to ensure that Council received timely and relevant information for claims and settlements where Toi Moana could potentially be delegated implementation responsibility.

Resolved


1 Receives the report, Update on Treaty claims and settlements in the Bay of Plenty.

Clark/Marr CARRIED

8.6 General Manager Strategy and Science Update

Ms O’Brien provided the following central points from the report:

A Māori representative from Te Puni Koriki had been appointed to the Regional Civil Defence Group. Ms O’Brien acknowledged tangata whenua, who at the previous Komiti Māori meeting held at Opureora Marae in 2014, had been instrumental in raising the need for Māori representation within Civil Defence Services.

Toi Moana-BOPRC made a submission to the Civil Defence Act review .

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A submission is being prepared to the review of the Civil Defence Emergency Management Group Plan this action was promoted by Komiti Māori to ensure that issues raised by iwi following the Edgecumbe Flood were conveyed.

• Making Good Decisions Sponsorship – approval was sought to sponsor hearing commissioner certification for candidate Mr P Young of Ngāti Awa. Clarification was provided on reimbursement criteria, course pre-requisites and the need for applicants to have a high degree of RMA knowledge to attain certification;

• Treaty Symposium – was well attended and provided a forum for participants to build awareness and understanding of the contemporary Treaty landscape;

• LTP 2018-2028 Māori engagement – scheduled to take place February-March 2018;

• Te Wiki o Te Reo Māori 2017 scheduled for 11-17 September 2017, the Kotahitanga team will be running activities across Council to promote Te Reo.

Resolved


1 Receives the report, General Manager Strategy and Science Update;

2 Approves the Making Good Decisions sponsorship for Mr Patrick Young of Ngati Awa.

Love/Marr CARRIED

9 Closing Karakia

Carried out by Kaumātua Mr John Toma.

The meeting closed at 1.00 pm.

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Presentations

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Reports

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Report To: Komiti Māori

Meeting Date: 10 October 2017

Report From: Kataraina O'Brien, Strategic Engagement Manager

Update on Mana Whakahono a Rohe - Iwi Participation Agreements Resource Management Act Amendments

Executive Summary

A workshop with the Regional Directions and Delivery Committee was held on 14 September 2017 where staff presented on the new Mana Whakahono a Rohe (MWR) provisions in the Resource Management Act 1991 (RMA). The legislation now requires Council, when invited by Iwi Authorities, to enter into discussions on how iwi can have an enhanced role in Council RMA processes. The details of the new provisions and proposed components of the implementation process can be viewed at Appendix 1 – Mana Whakahono a Rohe.

The Tapuika Iwi Authority lodged a request for a MWR on 6 June 2017 and following this, staff were invited to an initial hui to consider the general scope of what they would like to discuss as part of their MWR with Council. This is Councils first request for a MWR.

Staff are considering appropriate procedures to navigate through the MWR process. As there is limited national guidance on MWR and this being new territory for Council, staff will enlist appropriate advice and continue to seek direction from Council as and when required. A steering group will be set up to guide the process.

Recommendations


1 Receives the report, Update on Mana Whakahono a Rohe.

1 Overview and Update on Te Mana Whakahono a Rohe

On 14 September 2014, staff presented to the Regional Directions and Delivery Committee (RDD) Workshop on the provisions relating to MWR. Appendix 1 provides the analysis of MWR provisions and proposed components of implementation.

This report does not revisit the specific matters raised at the RDD workshop but emphasises the purpose of MWR and how staff are proposing to implement it.

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1.1 The purpose of Mana Whakahono a Rohe

Prior to the introduction of the amendments to the Resource Management Act 1991, councils could at their discretion undertake various engagement arrangements with iwi. Now that MWR has been introduced, Iwi Authorities can legally compel Council to enter into iwi participation arrangements.

At the heart of these changes is the purpose of MWR, to provide a mechanism which records how iwi will participate in decision making, and to assist councils to comply with their statutory duties under the RMA, including the implementation of sections 6(e), 7(a) and 8. The over-arching tenant of the provisions is that council and Iwi Authorities agree to enable enhanced iwi participation in RMA decision making.

1.2 Implementing Mana Whakahono a Rohe

Appendix 1 proposes the components for implementation. Subsequent to the RDD workshop, staff are now working on the details in developing a process going forward in addition to analysing possible intersections with other legislation, particularly the Local Government Act 2002. This will be crucial when considering the Council ‘bottom lines’.

Notwithstanding the vagaries of implementing amending legislation, this is new and will no doubt require patience on behalf of iwi and Council. Staff have considered the potential phases in reaching an agreement, and given that there are now live discussions with Tapuika, the phases of implementation will set the direction for ongoing discussions:

Phase 1 (Initial meetings): The purpose of these hui is to determine how to proceed and the milestones to be achieved. Iwi should also consider whether there should be other iwi and local authorities to the agreement, particularly given that overlapping areas of interest in the region prevail.

Phase 2 (Scoping): This phase is potentially the most critical as it traverses the extent to which iwi will be involved in decision making and the degree to which that involvement will impact on Council. Robust discussions will cover decision making concerning; planning; monitoring; engagement and function of council.

Phase 3 (Comprehensive Dialogue): Once the scope has been agreed, both parties will need to consider the potential implications arising from the scoping exercise. Due diligence for some matters may need to be undertaken especially where they concern a potential transfer of powers (section 33 RMA) or transfer of functions (section 30). This phase can be summarised as confirmation of the proposed contents within the agreement.

Phase 4 (Drafting and finalisation of MWR): Legal review and preparation of the agreement with subsequent sign off by iwi and Council.

The MWR has an 18 month statutory timeframe for completion. The count-down begins upon receipt of the invitation from iwi and must be factored into the overall process.

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2 Tapuika Update

Council received an invitation from Tapuika on 6 June 2017 and the initial mandatory hui was held on 17 August.

The meeting of both parties was premised on understanding Tapuika aspirations through a presentation prepared by the Iwi Authority. Of particular note was that iwi acknowledged reaching an agreement was going to take time.

Tapuika restated their association with the rivers, sea and surrounding land and confirmed that association through their Treaty settlement and comprehensive Environment Management Plan. Tapuika also noted that other authorities and Councils may be approached.

Council staff listened and focussed on understanding the aspirations of the iwi and the potential scope of the agreement that they were aspiring to. Staff considered this first meeting was positive and suggested that the subsequent meetings would be addressing the ‘how to proceed’ aspects of the process.

3 Implications for Māori

MWR enhances the role iwi will potentially have in the RMA decision making processes of Council. Councils are now obligated to reach an agreement on how iwi, through a statutory arrangement, may ensure that matters of significance can be addressed.

This will have an impact on iwi capability and capacity depending on the extent of the agreement. There are no obligations on Council to provide the resources that will support iwi endeavours here, but the intent of the legislation is not to make these compacts onerous and difficult to implement and sustain. The intention is to ensure that these arrangements will be enduring.

The key components of MWR include:

Mandatory contents in the agreement.

Guiding principles which enable free and frank discussions.

A dispute resolution process should participating authorities fail to reach agreement on certain matters.

Possible inclusion of section 30 functions of Council.

Engagement requirements, including those matters set out in section 34A (1A) and clause 4A of Schedule 1.

Section 58T which requires council to review and monitor its policies and procedures to ensure that they are consistent with the MWR.

The time required to complete a MWR is 18 months from the date the invitation was received by Council. The level of engagement required to achieve a finalised agreement, noting the key components above, will be resource intensive. While some iwi are in a position to engage Council in discussions, others are under-resourced and do not have the capability or the capacity.

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Some iwi have indicated that they will observe how the discussions with Tapuika will progress and take the time to comprehend the impact of MWR whilst considering how best to proceed.

4 Summary

The amendments to the RMA bought through a suite of enhanced provisions for Māori. The intent of the changes is primarily focused on facilitating improved participation, engagement and relationships between Council and Iwi.

There will be benefits for Council and Iwi once a MWR is reached. Staff will have a far better understanding of what iwi want to be involved in, how they want to be involved, and when. This will streamline process and bring better efficiencies; most importantly however, it will serve to build enduring strategic and working relationships.

5 Council’s Accountability Framework

5.1 Community Outcomes

This project/proposal directly contributes to the Development of Māori Capacity to Contribute to Decision-making Processes Community Outcome/s in the council’s Long Term Plan 2015-2025.

5.2 Long Term Plan Alignment

This work is planned under the Regional Collaboration & Leadership Activity in the Long Term Plan 2015-2025.

Current Budget Implications

This work is being undertaken within the current budget for the Kotahitanga/Strategic Engagement Activity in the Annual Plan 2017/18.

Future Budget Implications

Future work on Mana Whakahono a Rohe is provided for in Council’s Long Term Plan 2015-2025

Anaru Vercoe Maori Policy Team Leader for Strategic Engagement Manager

27 September 2017 Click here to enter text.

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APPENDIX 1

AppendixKomitiMaori - Te Mana Whakahono a Rohe

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BOPRC ID: A2696314

Appendix: Mana Whakahono a Rohe

Summary

Mana Whakahono a Rohe/ Iwi Participation Agreements (MWR) are provided for under new sub-part 2, Part 5 of the amendments to the Resource Management Act 1991. Staff have analysed and prepared a report which analyses and presents the proposed components of implementation for MWR. The implications for Council are largely centred on enhancing the role Iwi have in the decision-making processes of Council.

1 Introduction

In April 2017 government introduced several amendments to enhance Māori participation in decision making. Of particular note was new sub-part 2 under Part 5 of the Resource Management Act 1991 which set out provisions for Mana Whakahono a Rohe agreements (MWR).

In Part One of this paper key aspects of the new MWR provisions set out Council’s responsibilities, who can initiate a MWR, the contents of an agreement and what can be included in it. In Part Two of the paper staff have considered what Council must do, the proposed principles for engagement/negotiation with iwi and the process for implementation of MWR.

2 Part One: Analysis of the Provisions

2.1 The purpose of MWR

(a) To provide a mechanisms for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities participate in resource management and decision making processes under this Act, and,

(b) To assist local authorities to comply with their statutory duties under this Act including the implementation of sections 6 (e), 7 (a), and 8.

The intention is to enhance Māori participation in the decision making processes of Council. This does not mean that they have “decision making privileges” unless: s58R(4)(c) parties have agreed to “any arrangement relating to other functions, duties, or powers under this Act” (see section 30 of the RMA). Those functions only relate to the RMA.

2.2 Who can initiate a MWR?

Iwi initiated (preferred approach)

An iwi authority can initiate a MWR. Staff are applying the RMA interpretation of an iwi authority: “the authority which represents an iwi and which is recognised by that iwi as having authority to do so.” Note, that some hapū have a similar status to iwi, particularly in Tauranga Moana. Should these hapū invite Council into discussions, Māori Policy advise Council to accept their invitations.

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Error! Reference source not found. Te Mana Whakahono a Rohe Agreements – 14 September 2017 2

The iwi initiated option can have drawbacks particularly in scheduling meetings with a number of iwi who have opted to have an independent rather than a collective arrangement with other authorities. This can also produce a variety of arrangements ranging from a global “catch-all” scenario, to one which focusses only on a particular matter, such as fresh water management. Despite these complexities, staff consider this option more practical as it limits invitations to “iwi initiated” as opposed to the scenario that will happen under the Council initiated approach. Council initiated

A local authority or regional council can initiate a MWR with either an iwi or a hapū. Note – only a local authority can receive or initiate an invitation. Council may consider this option as it has some benefits in terms of setting the parameters for negotiation from the beginning. This option enables Council to:

Determine the scope: it may broadly cover a range of opportunities or it may focus on a particular area of work (for example fresh water).

It promotes a standardised approach enabling timing and allocation of resources There are draw backs with this approach:

Iwi may prefer to develop their own set of negotiating parameters and may decline a Council initiated invitation.

There may be a reluctance from iwi to negotiate within the parameters that Council sets.

NOTE: Council would need to deal with those invitations it receives as well as those that it initiates out – effectively increasing the work-load on staff.

Hapū would call for the opportunity to be invited. With 260 hapū in the region this would become an impossible task for Council to manage.

2.3 Timeframes for initiating an invitation

Invitations can be initiated at any time except 90 days before the date of a triennial election. The receiving authority must arrange an initial hui within 60 days of receipt of an invitation (this can be changed if parties agree). Should parties agree to negotiate they have a statutory timeframe of 18 months to complete the agreement or depending on the nature, complexity or extent of the terms, any time which the parties agree to. Receipt of invitations

Councils must notify/advise other relevant iwi or local authorities that an invitation has been received and convene a hui within 60 days of receiving the invitation (unless parties agree otherwise). Further work is required to develop a consistent approach which clearly sets out the Council’s bottom lines prior to entering into negotiations with iwi.

Māori Policy are currently tasked with receiving invitations, notifying other iwi and local authorities, and arranging the initial hui with iwi. Where other staff are required, Māori Policy will request that they be present and provide their specialist advice at hui.

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Multi-party agreements (preferred)

On receiving an invitation Council must inform any other relevant iwi and local authority. Māori Policy have proposed that on receipt of an invitation all iwi and local authorities should be informed. While Māori Policy staff have a good understanding of overlapping interests and area of interests in the region, this is not conclusive. Those iwi who are looking to settle with the Crown may have interest identified through the settlement process that were not previously known by Council. A case in point is the Pare Hauraki settlement which has the potential to extend their area of interest into Tauranga.

Multi-party agreements will be more difficult to achieve in the region as the nature and characteristics of iwi tend towards independence from other iwi. The settlement process has at time expedited long held “grudges” between iwi and hapū and in some cases has stifled progress.

There are a few groups which may consider the multi-party approach:

Ngāti Awa, Ngāti Manawa, and Ngāti Whare

Tapuika, Ngāti Whakaue, Ngāti Pikiao, Ngā Pōtiki, Ngāti Rangiwewehi, Ngāti Makino and Waitaha

Tauranga-Moana

Initiating agreements would require pre-planning largely centred on meeting with them and seeking whether this approach would be appropriate. MWRs can reflect the distinct interests of iwi and councils, but would likely have a more standardised approach concerning participation in the decision making processes of councils.

Scheduling MWR

Section 58O – If 1 or more local authorities in an area are negotiating a MWR and a further invitation is received under 58O the participating authorities may agree on the order in which they negotiate a MWR. Participating authorities may request that the additional invitation become part of the current negotiations for a MWR.

2.4 Additional contents of a MWR

Under section 58R (contents) of the RLAA, an agreement may also contain:

Other agreements entered into with Council

Iwi Management Plans – iwi may append or specify what parts of their IMP relate to participation in decision making

How a local authority is to consult/notify with iwi on resource consent applications where the RMA requires consultation or notification

When it is appropriate for iwi to be given limited notification as an affected party

An arrangement concerning other functions, powers or duties under the RMA. Note, section 30 of the RMA sets out the functions of regional councils. By virtue of those functions iwi may request:

o representation onto a committee of council which considers matters in relation to the RMA

o transfer of powers under section 33

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o delegation of specific decision making powers to joint-committees (co-governance bodies) or to an iwi authority

Where there is a collective agreement – specify how iwi authorities will work together with local authorities

Delegation of a role to an individual or group to participate in particular processes under the RMA.

2.5 Dispute Resolution Process (resolving disputes concerning the implementation of a MWR)

Note this provision is related to the implementation of a MWR as per section 58R(1)(c)(vi):

“the process that the parties will use for resolving disputes about the implementation of the MWR including matters described in subsection (2).”

A MWR must contain a dispute resolution process including those provisions set out under sections 58R(2). The agreement may contain the process to resolve:

Whether to alter or terminate a MWR (if parties agree as per section 58R(5))

When to complete a MWR, other than the 18 months specified under section 58Q

When to complete a review of a local authorities policies and processes, other than the time specified in section 58T(2) – (within 6 months of concluding a MWR)

When the review of a MWR is to occur other than the time specified under section 58T(3) – (every 6 years)

Resolution of Disputes that arise in the course of negotiating a MWR

Section 58S prescribes the process by which participating parties resolve disputes when negotiating a MWR. The process includes:

To agree on having a binding or non-binding process;

When undertaking either a binding or non-binding process to jointly appoint an arbitrator or mediator;

Parties meeting their own costs;

If the binding or non-binding process fails parties may individually or jointly seek the assistance of the Minister who may:

o Appoint and meet the costs of a Crown facilitator.

o Direct the participating parties to use a particular dispute resolution process

Note that the decision/recommendation of the Minister is binding on participating parties.

Review and Monitoring

Under section 58T, a local authority must review its policies and processes within 6 months of concluding a MWR (unless an alternative timeframe has been agreed to under the MWR). This is to ensure that those policies and processes are consistent with the contents/terms of the MWR.

The review and monitoring process is likely to be resource intensive involving teams from across of council. The review must be completed within 6 months – the implementation of the review findings would most likely take a number of years – depending on the extent of

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the agreement. A MWR should be jointly reviewed by the participating authorities every sixth anniversary of the agreement which suggests that implementation should be completed within the first 6 year cycle.

3 Part Two: Implementing MWR

In this section staff seek direction from Council on the proposed approach set out below:

a) The principles to be applied in discussions with iwi and how Council is to proceed

b) Supporting iwi in proactively implementing MWR

c) The mandatory components of an agreement – “the must do’s”

3.1 The principles to be applied in discussions with iwi and how Council is to proceed

One of the tasks that parties who agree to move into negotiations is the process by which negotiations will proceed – or the “how” negotiations will be undertaken. To guide council through this process it is proposed that a set of negotiation principles are used to set the Council parameters for discussions. These are proposed to be:

Open and frank discussions This incorporates:

Setting the limits on what other matters may be included in the agreement

Providing parties with the opportunities to debate matters constructively and with integrity

Resolving issues and agreeing on a common outcome (applying the dispute resolution process)

Not extending or expanding on the provisions already provided for under Treaty Settlements

Set agreed phases for negotiations

This incorporates:

Setting phases of the negotiation process and milestones within those phases:

o Concept o Drafts o Final

Agreeing on timeframes for each phase of the negotiations

Allowing some flexibility should issues require resolution

Determining resources that would be required (note parties under the legislation are to bear their own costs associated with resolution of disputes unless otherwise agreed).

Building relationships

Establishing and recognising the mutual benefits is the fundamental principle upon which MWR agreements are built.

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Participation in Decision Making

Staff seek direction from on Council its understanding of “participation in decision making”. The legislation enables iwi to negotiate with Council the extent to which they may participate. This includes: Those matters set out under section 58R(4), particularly:

How a local authority is to consult or notify an iwi authority on resource consent matters

Circumstances in which an iwi may be given limited notification as an affected party

Any arrangement relating to other functions, duties or powers under this Act (section 30)

Whether a participating authority has delegated to a person or group of persons (including hapū) a role to participate in particular processes under this Act.

Establishing the criteria or parameters for negotiation is critical to having a consistent approach when in discussions with iwi. These effectively form the proverbial bottom-line.

3.2 Proactively supporting iwi in implementing MWR

Initial hui with Iwi (Mandatory)

The purpose of the first set of hui is to discuss the process for negotiation: who will be involved and any stages/milestones of the negotiations. If parties are able to agree on how they will develop the MWR, then they must proceed to negotiate the terms of the agreement. The timeframe for concluding a MWR is 18 months from receipt of the invitation or a period agreed to by the participating authorities. Guiding Principles for Discussions

Parties MUST use their best endeavours to apply the Guiding Principles under 58N when entering into discussions. This applies to the initiation, development and implementation of a MWR. If parties cannot agree on “how” to develop a MWR, then a dispute resolution process as prescribed under the Act must be followed which enables either a binding or non-binding process. In both cases a jointly appointed arbitrator or mediator will manage the dispute resolution process. Failing arbitration, the Minister will intervene at the cost of participating authorities and appoint a Crown facilitator.

Reporting to Council

Staff propose to report to Council when the agreed milestones for discussions have been achieved. The timeframes and milestones are considered in the initial meetings with iwi and are instrumental in giving direction on how parties should proceed.

Staff consider that effective and informed decision making will be achieved when discussion is focussed on key outcomes relating to each milestone.

Encouraging multi-party agreements

It is recommended that multi-party agreements should be encouraged where possible. This would promote consistency in arrangements across groups and take into account

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overlapping interests amongst iwi. This approach in many respects is cost effective and overall less resource intensive than arranging individual agreements with iwi.

Negotiation Hui

Priority should be given to hui and must be scheduled and fixed to ensure that negotiations are uninterrupted. On occasion additional hui may be required to meet the milestones of each negotiation phase.

Council may also consider making a contribution towards the costs for travel, venues (if held at marae or other non-council sites) and catering. Unlike other meetings called by council, the hui occur as a result of an invitation being sent to Council. There is no obligation on Council to provide financial support for these types of costs, but in the interests of progressing negotiations and to support relationship building, it would be a prudent action.

Council’s position on “participation in decision-making” will shape the extent to which negotiations will proceed. Iwi are likely to suggest options that will extend beyond Council’s position.

Legal

These can be absorbed internally through Council’s legal services, however, the Legal Adviser covers a multitude of other issues and may not have the capacity to undertake multiple agreements. Council may consider using its external legal consultants in conjunction with the Senior Policy Adviser (Treaty) who is a qualified lawyer). It is expected that legal advice will be called upon where details concerning resolution of disputes, drafting the agreement and occasional advice to the negotiating team are required.

Budget

We are currently meeting requirements to negotiate and implement MWR within existing budgets. This is based on the assumption that a small number of agreements will be progressed each year. Participating authorities are required to meet there own costs.

3.3 The Mandatory Components of an Agreement – “the must do’s”

Before council enters into discussions there are components of a MWR that are mandatory and must be incorporated into an agreement. Negotiating the terms of an agreement should be cognisant of the “must do” provisions of the legislation. Understanding these obligations is critical when developing a bottom line Council negotiation strategy and are attached to this report.

Given the scope of the mandatory components, and the timeframe of 18 months to complete an agreement, Council may consider developing a strategic approach to Māori engagement which would take account of the general parameters of MWR. The strategy would inform how Council and iwi would work together, align with the particular requirements under the Public Consultation and Engagement Strategy and promote a consistent organisation wide approach to iwi engagement. The mandatory (or “must do’s”) requirements are set out in the following table:

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Must Do (1) What this means Consequences of not doing

Section 58N – Must use best endeavours to employ the guiding principles

The guiding principles hold negotiators to achieving the purpose of MWR (s58M).

Enhancing collaboration amongst the participating authorities

Coordination of resource required to undertake a MWR

Achieving most effective & efficient means of meeting statutory obligations

Work together in good faith

Communicate openly and transparently

Commit to meeting statutory timeframes and costs associated with the process

A MWR does not limit or override any other agreements made with iwi

Break down in relationships

Ongoing disputes

Intervention by the Minister

Impact on council’s programme of policy and planning work


Section 58O(2)(b) – must convene a hui or meeting of the initiating iwi authority within 60 days of receipt of the invitation (unless agreed to otherwise by parties)

Having initial discussions on how to progress the MWR

Who should be involved (any other relevant iwi or local authorities)

The proposed timelines on the stages of negotiations (should parties agree to proceed)

NOTE: several of these hui may be required to determine whether to proceed or not

Not fulfilling a statutory requirement (there are no prescribed consequences in the legislation, BUT, it would be contrary to section 58N (Guiding Principles))

Impact on future relationship with the initiating iwi – has consequences for Council’s planning projects


Section 58O(6) – Must proceed to negotiate

If parties agree on how to develop a MWR they must proceed to negotiate the terms of the agreement

Pressure placed om timeframe to complete a MWR

Trigger section 58S Resolution of Disputes that arise in the course of negotiating a MWR (additional costs would be incurred)


Section 58O(8) – the participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication

Review any agreements under other iwi participation legislation (e.g. Treaty of Waitangi Act) to ensure there’s no duplication in the MWR

Parties may agree (to avoid

Mismanagement of resources

Duplication of decision making

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between the functions of the participating authorities under that legislation and arising in a MWR

duplication) to transition those terms under a current arrangement into a MWR and dispense with the original agreement

Clear articulation in a MWR of any functions relating to resource management and responsibilities attached to those functions

Teams/Persons responsible or delegated any functions ensure that duplication does not occur in a MWR


Section 58Q Timeframe for concluding a MWR is 18 months or any other time if agreed to by participating parties

The statutory timeframe sets a legal responsibility on participating parties to conclude a MWR

Trigger section 58S Resolution of Disputes that arise in the course of negotiating a MWR (additional delays/costs would be incurred)


58R Contents of a MWR – must:

Be in writing, identifies the participating authorities, records the agreement on how:

How iwi are to participate in the preparation of change of a policy statement or plan

How the participating parties will undertake consultation/engagement which must include amendments relating to section 34A(1A) and clause 4A of Schedule 1

How participating parties will work together to develop and agree on methods of monitoring under the RMA

A process for identifying and managing conflicts of interest

How parties will give effect to any relevant iwi participation legislation or with any agreements with or entered into under that legislation

A process to resolves disputes during the implementation of a MWR including those matters set out under 58R(2 -3)

Contents may also include those matters set out in 58R (4)

The RLAA has prescribed the nature and content of the agreement

The agreement MUST reflect each one of the points listed in the left hand column

Council should set its position on what “participation in decision-making” is interpreted to mean

Council should develop and agree on a set of principles based on the fundamental precept of “Enhanced Participation”

Review any other iwi participation legislation (e.g. Treaty of Waitangi Act) or any other iwi participation agreements entered into under that legislation

Include Council’s current approach to engagement with iwi as the bench-mark for alternative approaches to engagement

Review any dispute resolution processes (or components of) employed by Council that may be included in a MWR

Not fulfilling the purpose of a MWR

Not fulfilling section 58N (Guiding Principles)

Trigger section 58S Resolution of Disputes that arise in the course of negotiating a MWR (additional delays/costs would be incurred)

Negative impact of relationships between participating parties

No consistent and agreed upon approach to iwi participation in decision making and how they would like to be engaged

Legal consequences particularly in giving effect to the amendments under the RLAA:

o Section 32 (summaries of iwi advice and how council has responded to it)

o Section 34A(1A)

o Clause 4A Schedule 1

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Section 58S – Resolution of Disputes that arise during the course of negotiating a MWR

This is a prescribed statutory approach that must be applied when disputes arise between parties when negotiating a MWR

Minister may favour iwi if council has not demonstrated attempts to resolve issues, consequently the alternate process recommended by the Minister may require Council to accept the direction given by a Crown appointed facilitator


Section 58T – Review and Monitoring Council MUST review its policies and processes to ensure they are consistent with the MWR

A review must be completed within 6 months of concluding a MWR

A MWR must be JOINTLY reviewed every 6 years

Sections 58M (Purpose of MWR) & 58N (Guiding Principles) apply to the review

These review and monitoring obligations are in addition to section 27 (the provision of information to the Minister) and section 35 (monitoring and record keeping)

Iwi will report default by Council to the Minister

Kataraina O’Brien

Strategic Engagement Manager

Anaru Vercoe Team Leader Maori Policy

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Report From: Kataraina O'Brien, Strategic Engagement Manager

Enhancing RMA awareness for Māori : RMA Training Workshops

Executive Summary

In February 2015 Komiti Māori proposed a role be established in Māori Policy to assist with the myriad of issues arising from resource consent processes that impacted Māori. Council approved a new FTE through its 2015-2025 Long Term Plan.

Staff appointed a Pou Ngaio (technical/cultural specialist) in February 2016. The role provides specialist support to staff in relation to understanding the Māori provisions in the Resource Management Act 1991 (RMA) and also has an external focus to support Māori in building RMA knowledge and awareness.

RMA training workshops were tailored in-house specifically for Māori by the Pou Ngaio and Resource Consent Manager. Four workshops trialled and rolled out to willing Māori participants. The feedback has been overwhelmingly positive. There is a genuine desire from Māori to improve and enhance their RMA knowledge. Of particular note, is how keen the attendees have been to collaborate with Council as many of the sessions were a joint effort between Council staff and Māori.

While there has only been four workshops run to date, staff intend to hold run further workshops in 2018. Hapu and iwi have been canvassed and there appears to be a lot of interest across the region.

This report provides an overview of the training and seeks endorsement from Komiti Māori to continue to provide ongoing RMA training. The ultimate goal is to significantly enhance the pool of Māori RMA practitioners in the Bay of Plenty region.

Recommendations


1 Receives the report, Enhancing RMA awareness for Māori : RMA Training Workshops;

2 Provides support and direction to staff on future RMA training workshops for hapū/iwi in the Bay of Plenty.

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1 Background : Pou Ngaio

The Pou Ngaio role was approved on 19 May 2015 as part of the deliberations on the Regional Council Long Term Plan 2015 to 2025. The intended outcome for the role was to:

Contribute to the overall effectiveness of the Resource Consent and Māori Policy requirements under the RMA.

Build and enhance Māori capacity and capability in the assessment of cultural impacts in consents processes including identifying opportunities to integrate Te Ao Māori.

As part of fulfilling the outcomes, the Pou Ngaio arranged and presented four workshops on the Resource Management Act 1991.

2 RMA Māori Provisions

The Bay of Plenty region has 37 iwi and approximately 260 hapū. The Māori regional population is around 28% and Māori land makes up almost 40% in the region.

Council has a duty to implement provisions relating to Māori under the RMA. Understanding the complexity of these obligations can often be a challenge. Common themes that impeded active participation include: limited capacity and capability in Māori organisations; the imposition of statutory time-frames related to planning; and, understanding RMA language and general complexities characteristic of the resource management process.

Currently the Bay of Plenty landscape presents a variation in the participation and understanding of the RMA. Some Māori are regular participants in the planning and consenting processes, while others are not conversant with the legislation. The RMA training sessions seek to address these points and assist the integration of Mātauranga Māori into planning and consents process.

3 Implications for Māori

Council has responsibilities to Māori that are prescribed under a number of statutes, principally the Resource Management Act 1991(RMA), and the Local Government Act 2002 (LGA). These include enabling participation in decision making, having regard to kaitiakitanga, consultation and fostering development.

This Pou Ngaio role is tasked with providing a vehicle to empower, support and grow understanding about the RMA, and to facilitate better relationships, mitigation, and cohesive decision making for the Regional community and Māori.

Council has also approved a new Pou Ngaio position which has a focus on planning and general matters concerning the RMA. This new position will complement the current Pou Ngaio role, and broaden the opportunities to enhance and support Māori capacity and capability. The new position is now open for applications.

4 RMA Training Workshops

To date there have been four RMA workshops. Two at a basic level (RMA101) and two at an intermediate level (RMA102).

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The workshops are going from strength to strength and it is expected that demand will increase as the programme is socialised. The key focus at this time is to support practicing iwi and hapū kaitiaki, with the future intention to have a broader strategy to grow the knowledge base in the region and provide for succession planning.

In addition to the workshops, a fortnightly RMA book-club has been setup to send informative panui out to hapu/iwi via email. The key aspects of the RMA are summarised and socialised with the group.

The content of the RMA workshops are summarised below.

RMA 101 session aims to:

Expand understanding about the principles and purpose of the Act, which includes some historical context.

Grow understanding of planning and policy framework and other related documents.

Increase understanding of the regulatory framework.

Improve confidence and understanding to respond effectively in regard to the RMA kaupapa.

Demystify the RMA.

The RMA 102 session aims to:

Improve understanding of the legislative context and Council’s Treaty obligations.

Share tools in the kētē for tangata whenua: tools and techniques to empower and enhance participation.

Further understanding of Assessment of Cultural Effects and the broader environmental effects.

Consider Matauranga Māori concepts in consent conditions. The content of the workshops align with the RMA fortnightly book-club emails and reconcile queries raised in the workshops. The principal intention is to increase understanding and to empower kaitiaki. Currently there are 120 recipients of the RMA email which has been steadily increasing and 45 attendees to the workshops have received certificates of attendance.

Sessions are delivered in a light hearted, relaxed discussion type forum, where participants are encouraged to korero. The Resource Consents manager provides an invaluable contribution to the forum and attendees offer in turn, valuable insight to matters of interest concerning Māori in the region.

There is a significant opportunity for Council to not just meet its obligations under the Local Government Act 2002 (LGA), RMA and Treaty of Waitangi but to be nationally recognised as a leader in this space.

5 Next Steps

In the near future, staff will develop an RMA 103 advanced workshop. This will focus on working through a consent application from pre application through to approval that will include cultural assessment of effects discussions.

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The RMA 103 would prepare attendees that undertake the Making Good Decisions (Hearing Commissioner) training. The programme provides resource management decision makers with the skills to run fair and effective hearings and to make informed decisions. The Bay of Plenty Regional Council sponsors three iwi/hapu representatives each year to attend the Making Good Decisions training programme.

The focus for 2018 is to prepare a plan to consider rolling out further training sessions across the region. It is proposed to hold a minimum of two workshops per year.

The RMA training sessions have introduced a level of progressive innovation that enables alternate solutions where issues of Māori interest are concerned. These workshops seek to complement a transition to the Making Good Decisions training programme while extending the RMA knowledge in general for attendees.

The Māori Policy team has received many positive responses to date about the RMA training workshops. We appreciate that staff will not be able to service the spectrum of enquiries and calls for individual training sessions from Māori across the region, however there is a determination to do as much as is practically possible.

Nathan Capper Pou Ngaio (Technical/Cultural)

for Strategic Engagement Manager

3 October 2017 Click here to enter text.

Figure 1: Iwi participants RMA 102 workshop 15 September 2017

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Receives Only – No Decisions



Report From: Fiona McTavish, General Manager, Strategy & Science

General Manager Strategy and Science Update

Executive Summary

The purpose of this report is to update the Komiti on matters of interest. The report includes the following matters:

Post meeting actions

Tangata whenua presenters ki Okurei

Freshwater update

Te Kawa o Te Urewera

Gisborne District Council – Local Leadership Body

Community Engagement Update

Te Wiki o Te Reo Māori 2017: “Kia Ora Te Reo Māori”

Recommendations


1 Receives the report, General Manager Strategy and Science Update;

1 Post Meeting Actions from previous Komiti Māori hui held on 23 August 2017 at Opureora Marae, Matakana Island

Attached in the appendix is a table outlining actions from the last Komiti Māori hui. There were several key actions which have been addressed by relevant staff.

2 Tangata Whenua Presenters ki Ōkurei

This Komiti Māori Hui provides the opportunity for Ngāti Ngararanui (Waitetī Stream), Te Kōmiro o te Utuhina (Utuhina Stream), Ngāti Rangiwewehi (Awahou Stream) and Te Arawa Lakes Trust (representing iwi and hapū interests of the 14 Rotorua lakes) to present on developments and issues that they face as active Iwi, hapū, whānau, and

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2

communities who live along the banks of their ancestral rivers, at the mouth of the awa and on the shores of Lake Rotorua.

2.1 Ngāti Ngararanui

Ngāti Ngararanui are a hapū of Ngāti Whakaue and are a post-settlement hapū by way of the Affiliate Te Arawa Iwi and Hapū Claims Settlement Act 2008. Ngāti Ngararanui has a Statutory Acknowledgement associated with the Waitetī Stream which has always been a source of substance as well as deep cultural and spiritual significance. They have had serious concerns which BOPRC are responding to at various levels including erosion, sedimentation and water quality issues. They are now in close contact with BOPRC staff including land management officers, community engagement and Māori Policy Advisor. They have progressed a BOPRC Environmental Enhancement planting project involving hapū, kura and community and are currently exploring the development of a Hapū Management Plan to articulate their values aspirations and sites of significance for cultural heritage protection.

2.2 Te Komiro o te Utuhina

Te Kōmiro o te Utuhina kaitiaki group are based out of Te Roro o Te Rangi ki Te Kuirau Marae at Ōhinemutu. As kaitiaki living at the lower catchment of the awa, their focus is on the Lake Road bridge area of the awa, to the outlet at Lake Rotorua. They have been active in clean-ups and wānanga to collate and share information with iwi, hapū with an aspiration to see the awa return to its natural state. They see the impacts of the wider catchment (farming, industry and residential) on their ancestral awa which has effects inter-generationally. While there is a plan to connect to other communities taking hands on approach to improving areas along the waterways, there is a swell in on ground support to improve the water quality by residents and Ngāti Whakaue descendants out of Ōhinemutu as a staged approach.

2.3 Ngāti Rangiwewehi

Ngāti Rangiwewehi had their settlement legislated in 2014. The boundaries of Ngāti Rangiwewehi are ki uta, ki tai and their Papakāinga is adjacent to the Awahou Stream. Ngāti Rangiwewehi have officially lodged an Iwi Management Plan with BOPRC in 2008 as well as a revised version in 2012. Ngāti Rangiwewehi are very active in participating in Plan Change engagement and submission and undertaking their own environmental projects having received programme funding from GNS and various other entities. They are active leaders in protecting water quality and quantity, and also face issues around erosion and sedimentation at the mouth of the Awahou Stream.

2.4 Te Arawa Lakes Trust

Te Arawa Lakes Trust by way of the Te Arawa Lakes Settlement Act 2006 represents the interests of hapū and iwi 14 Lakes in of Te Arawa. They are representatives on the Rotorua Lakes Strategy Group with Rotorua Lakes Council and Bay of Plenty Regional Council to “Promote the sustainable management of the Te Arawa / Rotorua lakes and their catchments for the use and enjoyment of present and future generations, while recognising and providing for the traditional relationship of Te Arawa with the lakes”. As part of their work plan they seek to align to aspirations of iwi and hapū as well as extend their consulting portfolio and continue as active partners and contributors to BOPRC plans and processes.

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3 Freshwater update

Region-wide Water Quantity Proposed Plan Change 9 to the Regional Water and Land Plan – prehearing meetings are occurring to help explain the Proposed Plan Change further. This is the first step in implementing the National Policy Statement for Freshwater Management and looks at addressing current issues like unauthorised use, improving water allocation information, strengthening limits so consents in over-allocated catchments will more likely be turned down. The key contact is Glenys Kroon [email protected].

Rangitāiki and Kaituna Water Management Area (Plan Change 12) another round of community group meetings occurred in Rangitāiki on 20 September and Kaituna/Maketū, Pongakawa/Waitahanui on the 27th and 28th September. These meetings were focused on upcoming modelling scenarios. Just a reminder that the team are keen to meet with any iwi, hapū and/or Trust to update you on work to provide for water quality and quantity values in these areas. Please contact James Low [email protected].

Lake Rotorua Nutrient Management Proposed Plan Change 10 to the Regional Water and Land Plan – the appeal period closed at the end of September. Four appeals have been received to date. There is now a 15 day period for Section 274 parties. Information is contained on our website https://www.boprc.govt.nz/plans-policies-and-resources/plans/regional-water-and-land-plan/lake-rotorua-nutrient-management-plan-change-10/lake-rotorua-nutrient-management-proposed-plan-change-10-appeals/. The recommendations from the Panel were generally in support of PPC10 and noted the extensive consultation undertaken with the community over the past 5 years and level of research completed.

Kaituna Document – Te Maru o Kaituna have developed the Kaituna Document https://www.boprc.govt.nz/about-council/meetings-and-agendas/committee-structure/te-maru-o-kaituna-river-authority/te-maru-o-kaituna-river-authority-about-us/ Hearings were held on 11 and 15 August 2017. Te Maru o Kaituna members made up the hearing panel. Deliberations will follow.

4 Te Kawa o Te Urewera

The Te Urewera Act 2014 establishes Te Urewera as an independent legal identity. The Te Urewera Board (consisting of four Crown and four Tūhoe representatives) holds primary responsibility for Te Urewera and its management. In May 2017 the Te Urewera Board released its management plan Te Kawa o Te Urewera for public submission. Subsequently, Council Chair and staff attended the formal launch of Te Kawa o Te Urewera on 14 September.

Council staffs are continuing work alongside Te Urewera Board in the ongoing process of implementing Te Kawa o Te Urewera.

5 Gisborne District Council – Local Leadership Body

Gisborne’s Local Leadership Body (LLB) is a Treaty settlement based co-governance forum that partners Gisborne District Council and Turanganui-a-kiwa iwi: Ngāi Tamanuhiri, Ronogowhakaata and Te Aitanga a Mahaki. The LLB will be inaugurated in October 2017. In preparation for that event, Gisborne District Council invited representatives and staff from several co-governance fora (Hawkes Bay, Waikato and Bay of Plenty), to share their experience at a small symposium held on 19 September.

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https://www.boprc.govt.nz/plans-policies-and-resources/plans/regional-water-and-land-plan/lake-rotorua-nutrient-management-plan-change-10/lake-rotorua-nutrient-management-proposed-plan-change-10-appeals/



https://www.boprc.govt.nz/about-council/meetings-and-agendas/committee-structure/te-maru-o-kaituna-river-authority/te-maru-o-kaituna-river-authority-about-us/




4

Eastern Catchments Manager (Simon Stokes) presented on behalf of the Rangitaiki River Forum. A joint meeting was also held with Gisborne District Council, where Toi Moana (BOPRC) staff discussed their role, the nature of the work required and practicalities of supporting co-governance fora. A follow-up event is being considered, recognising the success and shared benefit of the symposium for both local government and iwi co-governance partners.

6 Community Engagement Team Update

6.1 Environment Enhancement Fund

Three Environmental Enhancement Fund applications were approved amounting to $52,000. Two kaupapa Māori projects included Makahae Marae and Waitetī Marae, with four other projects currently being written.

6.2 Wairoa Teachers Workshop

Staff participated in the Wairoa Teachers workshop where 15 teachers and community members learnt about water monitoring with each school/group taking home a Toi Moana/BOPRC SHMAK kit.

6.3 Hands on Water

Schools are reserving their place for this two day ‘hands on’ event to be held on 8 November 2017. 100 children plus teachers/day attend with several BOPRC teams and 5 external organisations supporting us on the day; Department of Conservation (Interactive session about Tuna with a focus on Māori perspectives), Tauranga City Council, Land Care Trust and Western Bay of Plenty DC with Hemi O’Callaghan attending to provide Mātauranga Māori perspective.

6.4 Taiohi Taiao/Youth Jam

Taiohi Taiao/Youth Jam planning is underway for 2018 with a Civil Defence theme. The event will be held in Term 2 and we are currently looking for a coastal venue. The aim is to involve as many schools as possible in particular coastal and those in isolated communities.

6.5 Plan Change 12 Engagement

The CE team is continuing to lead the engagement for National Policy Statement for Fresh Water Management Plan Change 12 and facilitating the community group workshops. We are also supporting the LTP pre-engagement sessions, Kaimai Mamaku forum and the Pubic Consultation and Engagement work.

7 Te Wiki O Te Reo Māori 2017: “Kia Ora Te Reo Māori”

The theme for Māori Language Week 2017 (11-17 September) was “Kia Ora Te Reo Māori”. Māori Language Week activities were focused towards enhancing the day to day lives of Toi Moana staff via Te Reo Māori me Ona Tikanga and to emphasise to staff just how much Te Reo Māori and Te Ao Māori has, and can, benefit their day-to-day mahi.

To this end activities were designed to build confidence in Te Reo, provide context to Mātauranga Maori and remove barriers to the benefits that Te Reo can bring to all

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staff. For example pronunciation workshops built confidence when speaking Te Reo whilst mihi mihi workshops provided opportunities for staff, in particular non-Māori staff, to proudly communicate their identity in a tikanga Māori format.

The cultural hīkoi around Tauranga CBD, Mauao, Rotorua and Whakatāne as well as the Tauranga Cultural Heritage Collection tours were invaluable experiences for staff in particular our planning and consenting colleagues. Many of the activities were facilitated by our external partners ranging from iwi, district/city councils to community members. Our iwi partners needed no encouragement to participate; they were more than willing to impart their knowledge through guided tours, for example.

Although these tours focussed on a tangata whenua context they were delivered in a way that encouraged wider community ownership and appreciation of our shared histories. The internal relationships within Toi Moana are, however, the key enablers of a successful celebration of Te Reo Māori.

A Te Wiki o Te Reo Māori Survey was undertaken at the conclusion of Māori Language Week. Approximately 80% of respondents participated in of Māori Language Week activities with a satisfaction rate of 95%.

Māori Language Week 2017 for Toi Moana was an enjoyable, successful and a very meaningful initiative for the council, staff, partners and the community.

8 Financial implications

Current budget

The costs to run Māori language week activities were met through the Māori Policy budget. The overall cost was under $4,000.

Future implications

There are no future financial implications.

Kataraina O'Brien Strategic Engagement Manager

for General Manager, Strategy & Science

3 October 2017 Click here to enter text.

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APPENDIX 1

Komiti Maori Actions for 10 October 2017_Final

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Komiti Māori Action Table Bay of Plenty Regional Council

Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 23 August 2017 ACTIONS FROM KOMITI MĀORI HELD ON 23 August 2017

No Issue or report item Raised by Action Referred to Date referred and due by Progress/Comments

1.

Convene a hui/kōrero with relevant hapū/iwi to consider options to pull or combine RMA technical/cultural expertise in Tauranga Moana.

Cr McDonald Māori Policy staff to discuss specifics with Cr McDonald prior to meeting with hapū/iwi. Cr McDonald be invited to hui with hapū/iwi.

Clarke Koopu, Nathan Capper, supported by Reuben Gardiner.

Provide a progress report on discussions with hapū/iwi an potential options to report to the December 2017 Komiti Māori hui.

In progress. There have been early discussions with Tauranga Hapū and Iwi through the RMA training sessions. There are challenges and opportunities that have been raised. These are yet to be further discussed and socialised.

2.

Liaise/advise Pirirakau (Julie and Rawiri) about matters to be included in a submission to the LTP for the acquisition of Tahataharoa.

Cr McDonald Staff to meet with Pirirakau and provide any relevant research or background information or reports to support their submission. Prepare a report for a future Komiti Māori hui.

Clarke Koopu, Nathan Capper and Reuben Gardiner supported by Sara Omundsen and Pim deMonchy.

MP to convene hui with relevant staff and arrange to meeting with Pirirakau. MP staff to prepare a report for Komiti Māori.

In Progress. Informal discussion have been made with Pirirakau reps. The Tauranga Catchments Manager is fully aware of the intent. The BOPRC staff have raised this in the past. Further discussion to be had with TCC and what they could contribute. There are some challenges in this as this has been submitted in the LTP with out success. However there is continued strong support by staff for the purchase of Tahataharoa.

3.

Socialise Pirirakau IMP Komiti Māori Socialise to relevant staff and input on council website

Nathan Capper/ Kerry Heitia

ASAP Complete.

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Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 23 August 2017 5. Tangata whenua raised

concerns about contaminated whenua at the Hunters Creek Sawmill site on Matakana Island.

Cr McDonald Staff to action as per the memo from Reece Irving to Anaru Vercoe dated 17 August 2017 (objective reference A2677043): Specifics include

Provide the local community with technical advice regarding a more intensive investigation to delineate soil contamination, and the potential impacts on groundwater.

Provide resources to map the locations of saw mill waste dump sites. After identifying these locations, staff will consider the best way to identify any risks or impacts associated with past activity undertaken on the identified sites.

Arrange a site investigation with ex‐saw mill workers from Matakana Island.

Lead: Reece Irving, supported by Clarke Koopu and Nathan Capper.

Reece to report progress/outcomes at the next Komiti Māori hui to be held in Mauao (Feb or March 2018). Keep Cr McDonald appraised on any developments.

Māori Policy and Reece have organised a follow up meeting with Tangta Whenua. Meeting postponed to November to meet with locals who were workers at the mill. This was at the request by Tangata Whenua.

6. Monitoring of Ecological, cultural and social effects on Hunters Creek

Cr Marr Ensure focused monitoring is undertaken and that the conditions noted from the Navigation Safety Bylaws hearing decision, are implemented.

Maritime team. ASAP Progress report to the February‐March 2018 Komiti Māori hui.

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Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 20 June 2017 ACTIONS FROM KOMITI MĀORI HELD ON 20 JUNE

No Issue or report item Raised by Action Referred to Date referred and due by

Progress/Comments

1. Māori Participation in Council planning processes

Komiti Māori Requests staff develop tailored engagement/consultation plans to encourage effective Māori participation.

Māori Policy ASAP In progress.

Requests that staff include a Māori implications section when drafting reports for Council committees.


Endorses the development of Regional Council Engagement Strategy or Statement based on high level principles of engagement/consultation with Māori.


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Open Forum

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Komiti Māori · 10/3/2017 · For the period of the 2016-2019 Triennium unless discharged earlier...

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