Technical Assistance Consultant’s Report

Project Number: 33375 June 2006

Cook Islands: Legal and Institutional Strengthening of Environmental Management (Financed by the ADB’s TA Funding Program)

Prepared by de Romilly & de Romilly Limited Nova Scotia, Canada

For Ministry of Finance and Economic Management

This consultant’s report does not necessarily reflect the views of ADB or the Government concerned,

and ADB and the Government cannot be held liable for its contents.

LEGAL AND INSTITUTIONAL STRENGTHENING

OF ENVIRONMENTAL MANAGEMENT IN THE

COOK ISLANDS (ADB TA 4273-COO)

FINAL REPORT

Submitted to Asian Development Bank and Government of the Cook Islands

by

de Romilly & de Romilly Limited 5 Spray Avenue, Mason’s Point St. Margaret’s Bay Halifax, Nova Scotia CANADA B3Z 1Z3

30th June 2006

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO)

FINAL REPORT

Table of Contents

1. INTRODUCTION...... 2

2. PHASE 2 WORK PROGRAM ...... 2 2.1 Legal and Institutional Frameworks...... 2 2.2 Legislation/Regulations for Water Resource Management...... 5 2.3 Legislation to Implement Priority Mulit-Lateral Environmental Agreements ...... 5 2.4 Amendments to Legislation Governing the Auditor General's Office ...... 6 2.5 Other Priority Regulations ...... 6 2.6 Outer Islands Consultations ...... 6

3. PHASE 3 WORK PROGRAM ...... 7 3.1 Strengthening of Environmental Monitoring/Enforcement and Training ...... 7 3.2. Final National Consultative Workshop ...... 9 3.3. Tri-Partite Meeting...... 10

APPENDICES

APPENDIX 1 - SUMMARY OF TA WORK PROGRAM

APPENDIX 2 - NEWSPAPER ARTICLES

APPENDIX 3 - REQUEST FROM EXECUTING AGENCY TO USE UNCOMMITED TA FUNDS

APPENDIX 4 – SEWAGE TRAINING PROGRAM

APPENDIX 5 – PARTICIPANT LIST FOR SEWAGE TRAINING PROGRAM

APPENDIX 6 – AGENDA FOR FINAL NATIONAL CONSULTATIVE WORKSHOP

APPENDIX 7 – PARTICIPANT LIST FOR FINAL NATIONAL CONSULTATIVE WORKKSHOP

APPENDIX 8 – PRESENTATIONS AT FINAL NATIONAL CONSULTATIVE WOKSHOP

APPENDIX 9 – SUMMARY OF FINAL NATIONAL CONSULTATIVE WORKKSHOP

APPENDIX 10 – TA RESULTS BASED FRAMEWORK

APPENDIX 11 – CONCEPT PAPER FOR FOLLOW-ON TA

APPENDIX 12 – REPORT OF FINAL TRI-PARTITE MEETING

* * *

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

1. INTRODUCTION In February 2005, the Asian Development Bank (ADB) initiated the "Legal and Institutional Strengthening of Environmental Management” Technical Assistance (TA) project in the Cook Islands (ADB TA 4273-COO). The objectives of this project were to provide advice and assistance to the Government of the Cook Islands in the process of developing:

• effective regulations and institutional reforms to implement the Environment Act 2003; • a plan for improved inter-agency and institutional coordination for effective environmental management; • revisions to sectoral legislation to ensure overall coherence with the Environmental Act 2003 and Regulations and uniformity with the plan for improved institutional coordination; thereby improving environmental quality within the Cook Islands.

The notice to proceed with the Technical Assistance (TA) was issued on the 27th January 2005. The Inception Mission was completed by the end of February 2005 and the Inception Report provided to the ADB and Government of the Cook Islands on 3 March 2005. The second in-country mission by the Team Leader was undertaken during May to July 2005, and a Mid-Term Report was submitted to the ADB and the Government of the Cook Islands on the 16th August 2005. The third in-country mission was undertaken by the Team Leader during October to November 2005, and the Semi-final Report was submitted to the ADB and the Government of the Cook Islands on the 31st December 2005. At the request of the Executing Agency in the Cook Islands, the final in-country mission was undertaken by the Team Leader and the Environmental Education Specialist during April to June 2006 (see summary of activities undertaken during the third in-country mission by the TA Team Leader – Appendix 1). This Final Report is submitted at the completion of the TA, and serves to: (a) outline activities undertaken by the Project Team since the submission of the Semi-Final Report; and (b) provide a summary of key outcomes and outputs from the TA.

2. PHASE 2 WORK PROGRAMME The following section outlines Phase 2 activities that have been undertaken during the period from April to June 2006.

2.1 Legal and Institutional Framework During the previous reporting periods the review of the legal and institutional framework for environmental management was completed together with the institutional profiles, and were presented in four volumes, namely: ƒ Volume 1 – Review of Legal and Institutional Frameworks; ƒ Volume 2 – Institutional Profiles; ƒ Handbook on Permits and Approvals; ƒ Handbook of Multilateral Environmental Agreements.

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Working drafts of these documents were presented to stakeholders at the National Consultative Workshop held on the 7th and 8th July 2005, and recommendation arising from the workshop were incorporated into the revised versions of these documents that were submitted to the ADB and the Executing Agency in mid-August 2005. Copies of these reports were reproduced by the National Environment Service in August and September 2005 and circulated to a wide range of stakeholder for review.

The circulation of these volumes provided an opportunity for agencies to make any changes or revisions that may be necessary, and comment on the recommendations contained in Volume 1, and to confirm the accuracy of information contained in Volume 2. Additionally, outstanding information has been provided by several agencies for inclusion in Volume 2. During April to June 2006, a comprehensive review of Volume 1 was undertaken with staff from the National Environment Service, which has permitted the TA team to now complete this volume. Following on from requests received from staff from the National Environment Service and the ADB Task Manager, this volume now includes an index and summary of all relevant legislation (see Part II), and a copy of the Environment Act 2003 (see Part III).

During discussions with National Environment Service at the commencement of the final in-country mission with the Team Leader, it was confirmed that the focus for the completion of priority legislation/regulations should be – ƒ legislation/regulations for water resources management; ƒ regulations and bylaws for the three Outer Islands that fall under the jurisdiction of the Environment Act 2003 (Aitutaki, Atiu, Mitiaro); ƒ legislation to implement priority multi-lateral environmental agreements, namely – - Cartagena Protocol on Biosafety to the Convention on Biological Diversity; - Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Convention; - Vienna Convention for the Protection of the Ozone Layer, and Protocols; - Montreal Protocol on Substances that Deplete the Ozone Layer; - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. (London); - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. (Copenhagen); - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer adopted by the Ninth Meeting of the Parties. (Montreal); - Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. (Beijing); - Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (Waigani Convention- the regional equivalent of the Basel Convention); - Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; - Amendment to the Convention on the Control of Transboundary Movements of 3 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

Hazardous Wastes and their Disposal; - Convention on Persistent Organic Pollutants (Stockholm); - Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam 1998); - Bonn Guidelines on Access and benefits Sharing.

Subsequently, during the third and fourth (final) in-country mission by the team leader, work was undertaken on the development and finalisation of these priority legislation/regulations/bylaws. Drafts of the following priority Regulations and Bylaws were developed through consultations with stakeholder, and reviewed during a series of consultations that were undertaken during the third and fourth in-country missions by the Team Leader:

REGULATIONS • Environment (Atiu) Regulations 2006 • Environment (Aitutaki) Regulations 2006 • Environment (Biodiversity Conservation) Regulations 2006 • Environment (Environment Protection Fund) Regulations 2006 • Environment (Mitiaro) Regulations 2006 • Environment (Permits and Consents) Regulations 2006 • Environment (Suwarrow National Park) Regulations 2006 • Environment (Waste Licensing) Regulations 2006 • Public Health (Sewage) Regulations 2006

BYLAWS • Atiu Bylaws 2006 • Aitutaki Bylaws 2006 • Mitiaro Bylaws 2006

RULES • Suwarrow National Park Rules

The above-mentioned Regulations and Bylaws (see Volume 3 – Legislation, Regulations and Bylaws) were presented to stakeholders at the Final National Consultative Workshop held on the 6th and 7th June 2006 (see Section 3.2). Stakeholders at the Final National Consultative Workshop urged that the priority regulations and Bylaws be passed into law as soon as possible.

All the above-mentioned priority regulations and Bylaws (with the exception of the Environment (Biodiversity Conservation) Regulations 2006 which is undergoing a final round of consultations) have been forwarded to Crown Law by the end of June 2006, and assurances have been received from Janet Maki (Solicitor General) during the final Tri-Partite Meeting (see below) that they would be promulgated and passed into law within two to three weeks of receipt.

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2.2 Legislation/Regulations for Water Resources Management During the period from September 2005 to May 2006 the NES Legal Adviser actively participated in a series of consultations with land owners in the Takuvaeni area convened by the National Environment Service to develop and finalize regulations for the management of this water catchment area (see Environment (Takuvaine Water Catchment) Regulations 2006 - Volume 3: Legislation, Regulations and Bylaws). Several community meetings were convened to review and revise the draft regulations which was finally endorsed at a meeting with land owners convened by the Land Court in April 2006. The Final draft of this Regulation was presented to stakeholders at the Final National Consultative Workshop held on the 6th and 7th June 2006 (see Section 3.2.). Stakeholders at the Final National Consultative Workshop urged that the priority regulations and Bylaws be passed into law as soon as possible Thereafter, this Regulation was submitted to Crown Law for review and submission to Executive Council. Assurances have been received from Janet Maki (Solicitor General) during the final Tri-Partite Meeting (see below) that this Regulation would be promulgated and passed into law within two to three weeks of receipt.

Additionally, meetings were convened with representatives from the National Environment Service (NES) and the Director of Water Works in the Ministry of Works to initiate the development of a legal framework for the management of water resources. During the final in- country mission by the Team Leader a draft of the proposed water resources management legislation (see Water Resources Management Bill 2006 - Volume 3: Legislation, Regulations and Bylaws) was developed and reviewed with the National Environment Service (NES), the Director and Chief Executive Officer of the Ministry of works, and the Director of Water Works in the Ministry of Works. This framework for the legislation was presented by the Director of Water Works at the Final National Consultative Workshop held on the 6th and 7th June 2006 (see Section 3.2.), where stakeholders indicated strong support for a broad-based consultative process to review and finalize the proposed legislation. A request was presented to the ADB at the Tri- Partite Meeting (see below) for follow-on assistance to assist in the development and finalisation of this much-needed legislation, and in capacity development for the new Department of Water Resources that is to be established under the proposed legislation.

2.3. Legislation to Implement Priority Multi-Lateral Environmental Agreements It was agreed during discussions with the Director of the National Environment Service (NES) and Tania Temata that the development of legislation to implement priority Multi-Lateral Environmental Agreements (MEAs) should be undertaken as a training exercise involving NES staff and would result in the development of a Guide that would assist in the development of legislation to implement any further MEAs to which the Cook Islands may become a party in future – see Section 3.2 below.

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2.4. Amendments to Legislation Governing the Auditor Generals Office to Establish a Process of Environmental Auditing Meetings were convened with representatives from the Office of the Auditor General in the Public Expenditure & Audit Review Commission (PERCA) to initiate the development of amendments to the PERCA Act 1995/96 to establish a process of environmental auditing as part of the national budget. This initiative was launched as a consequence of the unanimous recommendation from the National Consultative Workshop convened in July 2005. The starting point for discussions was similar provisions in Fiji’s legislation. The Office of the Auditor General has undertaken to review Fiji’s legislation and provide comments on suitable amendments that could be drafted for inclusion as an amendment to the Public Expenditure & Audit Review Commission Act 1995/1996.

However, during meetings with the Auditor General and members of the Office of the Auditor General in the Public Expenditure & Audit Review Commission (PERCA) convened during the final in-country mission by the Team Leader, the Auditor General indicated a preference for delaying the development and enactment of any legislation until after a process of capacity building has been completed – which will take two to three years and will require technical assistance. It is suggested by the Auditor General that such technical assistance should be sought from the Auditor General’s Offices in Canada or Australia where “Sustainable Development” auditing has been pioneered. Accordingly, no further progress was made in the development of drafting of amendments to the PERCA Act 1995/96 to establish a process of environmental auditing as part of the national budget.

2.5. Other Priority Regulations Proposed environmental management regulations for the tourism sector was discussed with stakeholders from the Cook Islands Tourism Corporation and members of the tourism industry. However, during the final in-country mission by the Team leader, representatives from these stakeholders indicated a preference for a voluntary process for accreditation rather than regulations. Accordingly, no further progress was made in the development of environmental management regulations for the tourism sector.

2.6. Outer Islands Consultations Initial consultations on priority Bylaws and Regulations were convened with the Outer Islands Mayors and Island Secretaries during the Outer Islands Forum (April 18 – 22 2005) and the National Consultative Workshop (7-8 July 2005). During the National Consultative Workshop the project team and the National Environment Service were invited to visit the islands of Aitutaki, Atiu and Mitiaro to develop priority Bylaws and Regulations through consultations with respective Island Councils and Island Environment Authorities. These consultative meetings were convened during the last two weeks of the in-country mission by the Team Leader and resulted in the drafting of the following proposed Bylaws and Regulations:

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REGULATIONS • Environment (Atiu) Regulations 2006 • Environment (Aitutaki) Regulations 2006 • Environment (Mitiaro) Regulations 2006

BYLAWS • Atiu Bylaws 2006 • Aitutaki Bylaws 2006 • Mitiaro Bylaws 2006

A final round of consultations with stakeholders in the Outer Islands was undertaken during the final in-country mission by the Team Leader to finalize these Regulations/Bylaws. The above-mentioned proposed Regulations and Bylaws (see Volume 3 – Legislation, Regulations and Bylaws) were presented to stakeholders at the Final National Consultative Workshop held on the 6th and 7th June 2006 (see Section 3.2). Stakeholders at the Final National Consultative Workshop urged that the priority regulations and Bylaws be passed into law as soon as possible.

All the above-mentioned priority regulations and Bylaws for the Outer Islands have been forwarded to Crown Law by the end of June 2006, and assurances have been received from Janet Maki (Solicitor General) during the final Tri-Partite Meeting (see below) that they would be promulgated and passed into law within two to three weeks of receipt.

3.0. PHASE 3 WORK PROGRAM The following section outlines Phase 3 activities that have been undertaken during the period from April to June 2006.

3.1. Strengthening of Environmental Monitoring/Enforcement Capacities and Training in Environmental Management During the current reporting period, the Team Leader, the Environmental Education Specialist, the NES Legal Adviser and the Domestic Consultants undertook, as needed, further consultations with select stakeholders on the draft Regulations and By-laws. Part of the focus of these consultations was the identification of training needs amongst those individuals and agencies that will be primarily responsible for implementing and enforcing the new regulatory framework.

The Environmental Education Specialist undertook a one month in-country mission during May to June 2006, and undertook a “Training Needs Assessment” based, in part, on information that has been obtained during extensive stakeholder consultations. This assessment (see Volume 4 – Awareness and Education) identifies needs for additional specialized training in environmental management in order to effectively implement and enforce the newly established Regulatory 7 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

framework for improved environmental management. This initial assessment was presented to stakeholders at the Final National Consultative Workshop held on the 6th and 7th June 2006 (see Section 3.2), where it was further refined with stakeholder input.

Initial training programs (including on-the-job training) in key priority areas (as outlined in Volume 4) were initiated under the current ADB TA, namely:

(a) Legal Enforcement and Prosecution (i.e. investigation of the crime scene, -taking witness statements, -collecting exhibits, -preparing for court, -court procedures); (b) Legal Drafting (including drafting form and style, the development of legislation for Multi-lateral Environmental Agreements (MEAs), and community consultations as part of the legal drafting process); (c) Permits and Consents (Environmental Impact Assessment System, process, procedures, documentation); (d) Small and Medium-Sized Waste Water Treatment Design, Installation, Maintenance and Inspection.

The detailed training program addressed gaps between skills that were immediately needed/available to implement the priority regulations and Bylaws developed under the TA. With input from the project team and the National Environment Services, the Team Leader and the Environmental Education and Training Specialist prepared training modules and environmental education materials for professional training, capacity building, and environmental enforcement awareness-raising, and undertake pilot training activities.

Legal Enforcement and ProsecutionTraining The program was focused largely on on-the-job enforcement training for all staff of the NES Enforcement Division, and comprised the following modules: • Receiving a Report; • Investigation a Crime Scene; • Securing Exhibits; • Recording Statements; • Preparing a File for Court; • Court Appearance.

The Senior Crown Prosecutor from Crown Law assisted in the training program, which was in the form of on-the-job training centered on a staged offence, crime scene investigation and mock trial. A file was prepared for Court, and a mock trial was convened in the High Court presided over by a Justice of the Peace, with Prosecutor and Defense Council appearing (see newspaper article Appendix 2). The enforcement training materials have been summarized in the Enforcement Handbook which includes the materials generated from the staged offence and mock trial. It is noted that the Senior Crown Prosecutor, in his summation at the completion of the training program, commended the NES staff for the high quality of the Court File which “was as good a quality as any received from the Police”.

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Legal Drafting During the period from June 2005 to June 2006, the Team Leader provided the NES Legal Adviser with on-the-job training in legal drafting, including drafting style and form, the development of legislation for Multi-lateral Environmental Agreements (MEAs), and community consultations as part of the legal drafting process. As a consequence of this training, the NES Legal Adviser has undertaken at his own initiative, the development and drafting of several key regulations and bylaws, and by the end of the TA, assumed the lead in all consultations necessary to finalize priority regulations and bylaws (see Volume 3).

Additionally, a series of on-the-job-training sessions were held with staff from the National Environment Service during the third and fourth in-country missions by the Team Leader to develop and strengthen the national capacity to develop and draft legislation that would give legal effect to international conventions and agreements signed by the Cook Islands. As a consequence of these training sessions, and as a testament to the improved in-house capacity within the NES, these staff members developed and drafted the following: ƒ Framework for a Biodiversity Prospecting Bill; ƒ Framework for a Trade in Endangered Species Bill; ƒ Framework for a Ozone Depleting Substances Bill; ƒ Framework for a Hazardous Substances and New Organisms Bill.

First drafts of the first three above-mentioned framework Bills (see Volume 3 – Legislation, Regulations and Bylaws) were presented to stakeholders at the Final National Consultative Workshop held on the 6th and 7th June 2006 (see Section 3.2.). Stakeholders at the Final National Consultative Workshop urged that consultations be convened on the framework Bills so that they could be submitted to Parliament for consideration. The Framework for a Hazardous Substances and New Organisms Bill was concluded at a final training session convened with NES staff on Aitutaki Island on the 15th June 2006, designed to maximize their presence for a staff retreat that was being convened from the 16th to 19th June 2006 on that island.

These training sessions undertaken during October and November 2005, and during April to June 2006, have resulted in: (a) the development of frameworks for the proposed legislation; and (b) the guidance document Multi-Lateral Environmental Agreements - Handbook. The National Environment Service has committed itself to the consultations necessary to finalize these framework Bills, with the expectation that final drafts can be completed by the NES Legal Adviser based upon outcomes from the consultation process,

Training in: (a) Permits and Consents, and (b) Small and Medium-Sized Waste Water Treatment Design, Installation, Maintenance and Inspection A request was submitted to the ADB to use uncommitted funds under the TA to support additional training under the Public Health (Sewage) Regulations 2006, and for the Outer Islands (see Appendix 3). Subsequently, a series of training sessions with the Outer Islands Councils, Environment Authorities, Environment Officers and other enforcement officers were convened 9 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

during the final in-country mission by the Team Leader and the Environmental Education Specialist. The training program for the Outer islands, which was presented by members of the NES and Ministry of Health staff, focused on key enforcement requirements of the following: • Environment (Permits and Consents) Regulations 2006; • Public Health (Sewage) Regulations 2006.

Finally, with support received from a New Zealand Agency for International Development (NZAID) project, a comprehensive training program was convened on the Public Health (Sewage) Regulations 2006. Copies of the training program and list or participants are include as Appendix 4 and Appendix 5.

3.2. Final National Consultative Workshop The Final National Consultative Workshop with stakeholders was held on the 6th and 7th June 2006. The Agenda and list of participants are attached as Appendix 6 and Appendix 7 respectively. Copies of presentations made at the workshop are attached as Appendix 8. Participants received copies of Volume 3:Legislation, Regulations and Bylaws and a summary of the training needs assessment undertaken by the Environmental Education and Training Specialist, and assisted in identifying and developing recommendations for priority capacity development activities to implement the new laws. A summary of the workshop is attached as Appendix 9.

Since Members of the Project Steering Committee were present during the Final National Consultative Workshop, the Executing Agency determined that it was not necessary to convene a final meeting of the committee.

3.3.Tri-Partite Meeting The final Tri-Partite Meeting was convened on the 8th June 2006 to review outputs and outcomes under the TA, which is summarized in Appendix 10. During the meeting, the Executing Agency submitted a concept paper to the ADB for a follow-on TA that was needed to build upon the successful outcomes from the current project (see Appendix 11). A summary of the meeting is attached as Appendix12.

30th June 2006 ------George H. de Berdt Romilly Date Team Leader

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APPENDIX 1

Summary of ADB TA 4273-COO Work Program (April – June 2006)

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO)

Schedule of Meetings – Final in-Country Mission

Monday, 24th April 2006 ƒ Meeting with Biodiversity Consultative Committee (Ana, Gerald, Joe, Liz, Toti, Marine Resources, Agriculture, Paul, Tania) to develop Biodiversity Regulations ƒ Meeting with Tania to discuss TA progress and workplan for final mission

Tuesday, 25th April 2006 (ANZAC Holiday) ƒ Meeting with Ana and Teresa to discuss TA progress and workplan for final mission

Wednesday, 26th April 2006 ƒ Meeting with Dorice Reid to discuss Ra’ui provisions in Biodiversity Regulations and support needed for Koutu Nui. ƒ Meeting with Biodiversity Consultative Committee (Ana, Gerald, Joe, Liz, Toti, Paul, Tania) to develop Biodiversity Regulations ƒ Meeting with Brian Deutrom, ADB Consultant on disaster management TA to share and discuss findings.

Thursday, 27th April 2006 ƒ Meeting with Mona to discuss TA progress and workplan for final mission ƒ Meeting with Minister, Team for ADB Preventative Infrastructure Master Plan (Les, Matilda, Brian), Vaitoti. Tania, Paul, Vavia to discuss synergies between both TAs. ƒ Meeting with Minister, Vaitoti. Tania, to discuss TA progress and workplan for final mission. ƒ Meeting with Louisa to discuss legislation for BONN Guidelines ƒ Meeting with Vaitoti. Tania, Vavia to discuss TA workplan, training and budget and finaise dates for national workshop, Tri-Partite meeting, and training program

Friday, 28th April 2007 ƒ All day meeting with Biodiversity Consultative Committee (Gerald, Dorice, Joe, Liz, Toti, Paul, Tania) to develop Biodiversity Regulations

Monday, 1st May 2006 ƒ Prepare letter for ADB – discuss with Toti ƒ Prepare budget for outer islands consultation and training ƒ Prepare outline for training program with Paul ƒ Meeting with Pasha to discuss Disaster Management Plan (all afternoon)

Tuesday, 2nd May 006 ƒ Meeting with Brian Deutrom, ADB Consultant on disaster management TA to discuss capacity building and risk assessment approaches for both TAs

1 ƒ Meeting with Janet, and Lavinia (Crown Law) and Toti (NES) to discuss TA progress and workplan for final mission, agree on dates for national workshop, Tri-Partite meeting, and training program, and obtain support for application for contract variation. ƒ Meeting with Pasha and Anthony (NES) to develop legislation for ODS.

Wednesday, 3rd May 2006. ƒ Meeting with Ata Herman and Ben (Public Works), Toti and Paul to discuss Waste Regulations and water legislation ƒ Meeting with Jacqui Evans (Health), Andrew Dakers (NZAID Project) Teresa to discuss Sewage Regulations ƒ Develop budget for training program and outer island consultation – Discuss with Director, NES. ƒ Meeting with Joe, John (Warden Suwarrow), Paul to discuss Rules for Suwarrow National Park

Thursday, 4th May 2006. ƒ Meet with Ben, Keu, (Water Division) Mona, to discuss water legislation ƒ Finalize application for contract variation ƒ Develop Rules for Suwarrow National Park – submit for review by NES ƒ Meeting with Media (television and press) to provide update on TA ƒ Meeting with Mona to discuss workplan for finalizing Volume 2 ƒ Finalize dates for outer islands meeting/training and national workshop

Friday, 5th May 2006 ƒ Office meeting with the Minister ƒ Finalize Rules for Suwarrow National Park ƒ Meeting with Gerald to discuss Islands Biodiversity Framework ƒ Meeting with Joe to discuss CITES Legislation.

Saturday, 6th May 2006 ƒ David Kerrison arrives 1.00 am.- collect at airport ƒ 2.00 pm - Meet with David Kerrison to provide briefing on TA and discuss workplan

Monday, 8th May 2006 ƒ Meeting with Toti, David, Keri, and Tauraki top discuss David’s workplan ƒ Meeting with Ben, Ata (Water) to discuss Water legislation ƒ Review progress on regulations with Paul – complete revisions to outer islands regulations

Tuesday, 9th May 2006 ƒ Prepare monthly report and budget ƒ Meeting with Pasha/Ant (NES) to discuss ODS legislation ƒ Review Takeuveni Regulations ƒ Review MOU for Gerald on Island Biodiversity Plan of Action

Wednesday, 10th May 2006 ƒ Meeting with Gerald to review on Island Biodiversity Plan of Action

2 ƒ Meeting with Ben, Ata (Water) to discuss Water legislation and obtain copies of waste standards ƒ Meeting with Pasha, Ant to discuss ODS legislation ƒ Meeting with Joe, Liz to discuss CITES legislation ƒ Meeting with Tinka and Lavinia (Crown Law), Paul and David to discuss enforcement training

Thursday, 11th May 2006 ƒ Meeting with Jacqui, Andrew (Health) and David to discuss training needs ƒ Meeting with Dr. Stephanie Night (NZAID) to discuss training needs ƒ Meeting with Chris Wong (Tourism) and Teresa to discuss Environmental Management (Tourism) Regulations. ƒ Meeting with Jacquii, Liz, Paul, Joe to discuss Suwarrow Legislation ƒ Meeting with Liz, Joe to discuss CITES legislation

Friday, 12th May 2006 ƒ Meeting with Paul, Tauraki to finalise Takeuveni Regulations ƒ Initiate drafting of water resource management legislation ƒ Meeting with Paul to develop training program on enforcement

Sunday, 14th May 2006 ƒ Drafting of water resource management legislation

Monday, 15th May 2006 ƒ Complete drafting of water resource management legislation ƒ Meeting with Keu (Public Works) to deliver draft water resources management legislation ƒ Meeting with Paul, Joe to finalize Atiu and Mitiaro Regulations ƒ Phone Edy (ADB) to discuss variation ƒ Prepare table for variation and dispatch to ADB ƒ Meeting with Paul to develop training program on enforcement

Tuesday, 16th May 2006 ƒ Meeting with Toti, Gerald, Ian, Jacqui, Joe, Liz to discuss Suwarrow legislation/regulations ƒ Meeting with David to discuss framework for capacity needs assessment ƒ Finalise Mitiaro regulations and Bylaws for copying and dispatch to Mitiaro ƒ Finalise Sewage Regulations with Jacqui (Health)

Wednesday, 17th May 2006 ƒ On-the job training with Liz (NES Staff) to review CITES legislation ƒ On-the-job training with Louisa (NES Staff) to review framework for Access and Benefits Sharing (ABS) legislation

Thursday, 18th May 2006 • Meeting with Mona Matepi to discuss Koutu Nui presentation at National Consultative Workshop • Review EPF Regulations and Takuvaeni Regulations

3 • Meeting with Director of Department of Works to discus proposed water resource management legislation

Friday, 19th May 2006 • Design of Enforcement Training program with NES Legal Adviser and David Kerrison

Monday, 22nd May 2006 • Presentation at national consultative workshop on climate change • Preparations for training session on Outer Islands • Finalize regulations and Bylaws for Outer islands (Atiu and Aitutaki)

Tuesday, 23rd May 2006 • Preparations for training session on Outer Islands • Finalize regulations and Bylaws for Outer islands (Atiu and Aitutaki)

Wednesday, 24th May 2006 (Mitiaro) • Final Consultations on Regulations and Bylaws with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers.

Thursday, 25th May 2006 (Mitiaro) • Training Workshop with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers.

Friday, 26th May 2006 (Mitiaro) • Training Workshop with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers.

Monday, 29th May 2006 • Meeting with Tania (NES) to discuss arrangements for National Consultative Workshop • Meeting with Kevin Carr (MFEM) and Geoff Stoddart (Receiver of Revenue) to discuss fiscal incentives for waste recycling

Tuesday, 30th May 2006 ƒ On-the-job training with Pasha and Antoine to review framework for Ozone Depleting Substance (ODS) legislation ƒ Meeting with Chris Wong, Director of Cook Islands Tourism Corporation (CITC) to discuss environmental management regulations for Tourism Sector.

Wednesday, 31st May 2006 • Meeting with Keri Herman and Joseph Brider (NES Staff) to plan mock “crime scene” • On-the-job training with Louisa (NES Staff) to review framework for Access and Benefits Sharing (ABS) legislation

Thursday, 1st June 2006 • On-the-job training on “Taking Statements ” and “Securing Exhibits” at mock “crime scene” with NES Enforcement Division

4 • Meeting with NES Staff to prepare for National Consultative Workshop

Friday, 2nd June 2006 • Training on “Recording Statements” and “Preparing a File for Court” presented jointly with Senior Crown Prosecutor • On-the-job training of NES Enforcement Division at mock “crime scene” with NES Enforcement Division

Saturday, 3rd June 2006 • Meeting with Edy Brotoisworo (ADB)

Sunday, 4th June 2006 • Meeting with David Kerrison to discuss National Consultative Workshop and draft report on “Awareness and Capacity”

Monday, 5th June 2006 (Public Holiday – Queen’s Birthday) • Preparations for National Consultative Workshop

Tuesday, 6th June 2006 • Final National Consultative Workshop.

Wednesday, 7th June 2006 • Final National Consultative Workshop.

Thursday, 8th June 2006 • Trip-Partite Meeting • Meeting with Cook Islands Tourism Corporation (CITC) to discuss environmental management regulations for Tourism Sector. • Meeting with Auditor General and staff to discuss environmental auditing legislation. • Final Wrap-up Meeting with Teresa Manarangi-Trott (Brown Sector Specialist)

Friday, 9th June 2006 • Final Wrap-up Meeting with Edy Brotoisworo (ADB) • Final Wrap-up Meting with David Kerrison (Environment Education Specialist) • Training Session with NES on Court Appearance • Mock Trial (High Court)

Sunday, 11th June 2006 • Meeting with Director of Water Works to review draft Water Resources Management Legislation

Monday, 12th June 2006 (Aitutaki) • Final Consultations on Regulations with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers.

5 Tuesday, 13th June 2006 (Aitutaki) • Final Consultations on Bylaws with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers. • Training Workshop with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers.

Wednesday, 14th June 2006 (Aitutaki) • Training Workshop with Island Council, Island Environment Authority, Environment Officers, Enforcement Officers.

Thursday, 15th June 2006 (Aitutaki) • Final Training Session on developing legislation for International Conventions with NES Staff • Depart for Canada

6 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 2

NEWSPAPER ARTICLES

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 3

REQUEST FROM EXECUTING AGENCY TO USE UNCOMMITED TA FUNDS

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 4

SEWAGE TRAINING PROGRAM

GOVERNMENT OF THE COOK ISLANDS

MINISTRY OF HEALTH (PUBLIC HEALTH)

PO Box 109, Rarotonga, Cook Islands * Phone: (682) 29-110* Fax: (682) 29-100 * Email: [email protected]

Contact person: Jacqui Evans, Health Planner [email protected] or [email protected]

Funding Proposal to the Asian Development Bank

Capacity Building for the Enforcement of Public Health Legislation

On-Site Wastewater Management and Inspection Course

Background

One of the most significant environmental issues identified in the Cook Islands in recent years is lagoon pollution from poorly functioning sewage treatment systems. This has resulted in nutrient enrichment of the lagoon on Rarotonga, particularly in the villages of Titikaveka and Muri. Marine algae blooms have become common in the lagoon and some of these algae are highly toxic resulting in ciguatera fish poisoning and skin rashes, eye and nose irritation in swimmers. This problem has a significant impact on the Cook Islands economy as tourism is the leading industry here.

Through the ADB TA 4273-COO Legal and Institutional Strengthening of Environmental Management in the Cook Islands, the Asian Development Bank has assisted the Cook Islands with the development of new sewage regulations under the 2004 Public Health Act. These regulations provide comprehensive guidelines and standards for the construction, inspection and approval of sewage treatment systems and standards for the registration of plumbers, drain-layers, engineers and tank manufacturers.

The new sewage regulations will require the development of technical expertise within the Public Health department. This is particularly so in the areas of site assessment and the operation of sewage treatment systems. The need for this training was identified in the Sewage Treatment System Upgrade programme 4-year Strategic Plan (Activity 2.2.4).

A reputable environmental training centre, the Centre for Environmental Training (CET) conducts courses throughout Australia, New Zealand and the Asia-Pacific region covering on-site wastewater management. Some of the topics included in the courses are: standards and regulations, soil assessment, the design of various sewage treatment systems including primary treatment, aerobic systems, and composting toilets, wastewater testing, nutrient balances and use of tracers.

Because there are many people in the Cook Islands who could benefit from an on-site wastewater management and inspection course, it would be more cost-effective in the initial period to hold the course in the Cook Islands rather than send sanitary inspectors and engineers overseas. This pre-proposal is to fund such an in-country on- site wastewater management and inspection course.

Course dates and content

Public Health aims to hold the course from 26 to 30 June 2006 and an additional one day course for plumbers on 3rd July 2006. Topics to be covered include soil and site assessment, sand filters and mound systems and advanced sewage treatment systems. Participants

Participants in the five day course will include 21 Public Health inspectors from all islands of the Cook Islands, 5 Environment Service EIA Compliance Unit officers and 4 inspectors from the private sector. If all are able to attend, about 30 will participate in the course. Ten plumbers are expected to attend the one day workshop on 3rd July. Travel

The course will require two instructors. One will be travelling from Christchurch, New Zealand and the other from Sydney, Australia. The most direct route from both Sydney and Christchurch to Rarotonga is via Auckland. There will also be travel for outer islands participants who need to fly to Rarotonga to make the course. Because of the infrequency of flights to some islands, outer island participants will be in Rarotonga for varying periods. There are no regular flights from the island of Pukapuka so a participant must be selected from within the Pukapuka community in Rarotonga. The number of nights in Rarotonga for participants from each island is shown in Table 1.

Island Arrival date Return date Number of nights in Rarotonga Tongareva 24 Jun 01 Jul 7 Manihiki 22 Jun 06 Jul 14 Mitiaro 23 Jun 05 Jul 10 Mauke 21 Jun 03 Jul 12 Atiu 24 Jun 01 Jul 7 Mangaia x 2 24 Jun 01 Jul 14 Aitutaki 24 Jun 01 Jul 7 Total person nights for outer islands participants: 71 Table 1: Number of nights in Rarotonga for participants from each island of the outer islands

Venue

The five day course will be held in the small conference room to the rear of the Pukapuka Hostel. A power point projector and projector screen are available as well as seating for 30, conference tables, toilets and tea and coffee-making facilities. A number of sewage treatment systems will also be identified for inspection and testing during the practical field exercises. Catering

We anticipate 30 people to attend the five day course and 10 people to attend the one day course. Meals will be light. Morning and afternoon tea will consist of tea, coffee, biscuits and fruit. Lunch will include salad, cold meat, bread rolls and sandwiches. There will also be a large lunch on the fifth day. Catering will be done by the Public Health social club. Transport

Transport will be required to take participants to field exercises. Public Health can provide fuel and transportation. Budget

The total budget comes to $54,447.00 New Zealand Dollars. It is proposed that the Asian Development Bank fund NZ$35,500 and the balance of $18,947 be co-financed by the NZAID funded Marine Resources Institutional Strengthening Project. Details of the budget are outlined on page 3.

2 Accommodation Number of Item Unit cost Units Total Cost Trainers at Central Motel $90.00 /day for 2 persons 10 $1,800.00 Outer island participants Tongareva $10.00 /day for 1 persons 7 $70.00 Manihiki $10.00 /day for 1 persons 14 $140.00 Mitiaro $10.00 /day for 1 persons 10 $100.00 Mauke $10.00 /day for 1 persons 12 $120.00 Atiu $10.00 /day for 1 persons 7 $70.00 Mangaia $10.00 /day for 2 persons 7 $140.00 Aitutaki $10.00 /day for 1 persons 7 $70.00 $2,510.00 Travel Item Number of Unit Cost Units Total Cost Trainers Trainer 1 SYD-RAR-SYD $1,369.00 for 1 persons 1 $1,369.00 Trainer 2 CHC-RAR-CHC $1,326.00 for 1 persons 1 $1,326.00 Freight $400.00 for 2 persons 1 $800.00 Outer island participants Tongareva $1,374.00 for 1 persons 1 $1,374.00 Manihiki $1,244.00 for 1 persons 1 $1,244.00 Mitiaro $336.00 for 1 persons 1 $336.00 Mauke $336.00 for 1 persons 1 $336.00 Atiu $336.00 for 1 persons 1 $336.00 Mangaia $336.00 for 2 persons 1 $672.00 Aitutaki $336.00 for 1 persons 1 $336.00 $8,129.00 Per Diem Item Number of Unit Cost Units Total Cost Outer Islands Participants $70.00 per person per day 71 $4,970.00 $4,970.00 Venue Item Number of Unit Cost Units Total Cost Space for 30 with kitchen $150.00 5 $750.00 Space for 10 with kitchen $150.00 1 $150.00 $750.00 Catering Number of Item Unit Cost Units Total Cost am tea/lunch/pm tea $10.00 /day for 32 persons 5 $1,600.00 am tea/lunch/pm tea $10.00 /day for 12 persons 1 $120.00 $1,720.00 Trainer Fees Number of Item Unit Cost Units Total Cost Course material preparation $1,432.00 2 days $2,864.00 Course delivery $1,432.00 /day for 2 trainers 11 $31,504.00 Course materials & equip $2,000.00 Printing course notes $100.00 /person 40 $0.00 $36,368.00

Total Cost of On Site Wastewater Management Course: $54,447.00

3 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 5

PARTICIPANT LIST FOR SEWAGE TRAINING PROGRAM

Participants for Sewage and Sanitation: Stage One Course, 26 June-3 July, 2006 . Name Position Relevant Qualifications Company/Organisation 1 Bruno Briante Supervisor T&M Heather 2 Tai Nooapii Engineer Ministry of Works 3 Robert Coote Retired Registered Plumber Marois Associates 4 Ian Ibbetson Plumber/drain layer PTS Plumbing 5 Tom Harrison Servicing agent Qualified electrician Harrison Electrical, Aitutaki 6 Moana Bates Plumber/Drain layer Certified drainlayer Raro Plumbing 7 Rick Napa Plumber/drain layer 8 Shane Napa Apprentice Plumber/Drain layer 9 Noni Bishop Plumbing/Drainlaying inspector Cert plumb/gasfit & Cert Plumb inspec Ministry of Works 10 John Samatua Plumber in Penrhyn 11 Robert Estall (Snr) Manager, sludge removal company JW Estall Sludge Removal 12 Robert Estall (Jnr) Sludge removal company JW Estall Sludge Removal 13 William Tutai Truck driver/plumbing services JW Estall Sludge Removal 14 Felix Tuariki Accreditation Officer Cook Islands Tourism 15 Patricia Barton Property Manager Cook Islands Investment Corp 16 Anne Taoro Building Supervisor Cook Islands Investment Corp 17 Vavia Tangatataia EIA Compliance Officer Bachelor of Science, Environmental Studies National Environment Service 18 Phillip Strickland EIA Compliance Officer National Environment Service 19 Tina'anga Bishop Septage pond manager, Aitutaki National Environment Service 20 Ngataua Mairaro Septage pond manager, Aitutaki National Environment Service 21 Tangata Vaeao Health Inspector, Raro Dip. Environmental Health, Sewage workshop Public Health 22 William Taripo Health Inspector, Raro Cert. Health Inspection. Sewage workshop Public Health 23 Charles Ingaua Health Inspector, Raro Public Health 24 Teina Savage Health Planner (Sanitation) Public Health 25 Charlie Ave Health Inspector, Raro Public Health 26 Toa Inatea Health Inspector, Mitiaro Public Health 27 Jeffrey Moekapiti Health Inspector, Mangaia Public Health 28 Mataiti Rave Health Inspector, Aitutaki Public Health 29 Aerenga Upokokeu Health Inspector, Atiu Public Health 30 Terepai Tuakana Health Inspector, Mauke Public Health 31 Jacqui Evans Health Planner (Sanitation) Bachelor of Science, Marine Biology and Geography 32 Teremoana Unuia Chairman, IWP committee International Waters Programme 33 George Maoate Retired 34 Pastor Tutai Pere Chairman Religious Advisory Council 35 Tuaine Teokotai Chief Health Inspector Public Health Participants for Sewage . Name Address Home ph Work ph Mobile ph Fax Email Category 1 Bruno Briante PO Box 303, Raro 24249 24249 50363 24248 [email protected] C1,C2 2 Tai Nooapii 23339 20034 54261 21134 [email protected] C2 3 Robert Coote PO Box 806, Raro 70196 [email protected] C1,C2,C3 4 Ian Ibbetson PO Box 154, Raro 20549 22199 55199 21266 [email protected] C1,C2,C3 5 Tom Harrison PO Box 136, Aitutaki 54764 [email protected] C1,C2,C3 6 Moana Bates PO Box 845, Raro 25218 55218 25216 [email protected] C2,C3 7 Rick Napa PO Box 923, Raro 56647 C3 8 Shane Napa 54407 [email protected] C3 9 Noni Bishop PO Box 102, Raro 23855 20034 ex4 21134 [email protected] C1,C2,C3 10 John Samatua 25162 [email protected] C1, C2, C3 11 Robert Estall (Snr) PO Box 223, Raro 20050 20050 29223 [email protected] C2, C3 12 Robert Estall (Jnr) PO Box 223, Raro 20050 20050 29223 as above C2, C3 13 William Tutai PO Box 223, Raro 20050 20050 29223 as above C2, C3 14 Felix Tuariki PO Box 14, Raro 22245 29435 21435 [email protected] C1,C2 15 Patricia Barton PO Box 51, Raro 24317 29391 55102 29381 [email protected] C1,C2,C3 16 Anne Taoro PO Box 51, Raro 21859 29391 29381 [email protected] C1,C2 17 Vavia Tangatataia PO Box 371, Raro 21256 55500 22256 [email protected] C1,C2 18 Phillip Strickland PO Box 371, Raro 21256 58839 22256 [email protected] C1,C2 19 Tina'anga Bishop Aitutaki 31190 31256 54912 [email protected] C1,C2 20 Ngataua Mairaro Aitutaki 31713 31256 54912 as above C1,C2 21 Tangata Vaeao PO Box 109, Raro 29110 70723 29100 [email protected] C1,C2 22 William Taripo as above 28883 29110 29100 [email protected] C1, C2, C3 23 Charles Ingaua as above 29110 58534 29100 [email protected] C1, C2, C3 24 Teina Savage as above 29110 29100 [email protected] C1 25 Charlie Ave as above 25307 29110 29100 [email protected] C1,C2,C3 26 Toa Inatea Mitiaro 36109 36120 C1,C2 27 Jeffrey Moekapiti Mangaia 34297 C1,C2 28 Mataiti Rave Aitutaki 31067 31016 54022 31019 [email protected] C1, C2, C3 29 Aerenga Upokokeu Atiu 33664 C1 30 Terepai Tuakana Mauke 35104 35614 35123 [email protected] C1 31 Jacqui Evans PO Box 109, Raro 21532 29110 55050 29100 [email protected] C1 32 Teremoana Unuia Takuvaine 20897 C1,C2,C3 33 George Maoate 21739 C3 34 Pastor Tutai Pere [email protected] 35 Tuaine Teokotai PO Box 109, Raro 29110 29100 [email protected] LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 6

AGENDA FOR FINAL NATIONAL CONSULTATIVE WORKSHOP

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO)

National Consultative Workshop

A National Consultative Workshop will be held on the 6th and 7th June 2006 as one of the final activities of the Asian Development Bank (ADB) funded "Legal and Institutional Strengthening of Environmental Management” Technical Assistance project in the Cook Islands (ADB TA 4273-COO). The objectives of this project are to provide advice and assistance to the Government of the Cook Islands in the process of developing:

• effective regulations and institutional reforms to implement the Environment Act 2003; • a plan for improved inter-agency and institutional coordination for effective environmental management; • revisions to sectoral legislation to ensure overall coherence with the Environmental Act 2003 and Regulations and uniformity with the plan for improved institutional coordination; thereby improving environmental quality within the Cook Islands.

The project commenced in January 2005, and over the ensuing 18 months, the following has been completed: ƒ a comprehensive review of the legal and institutional framework for environmental management in the Cook Islands, which has been summarized in Volume 1 – Legal and Institutional Framework and Volume 2 – Institutional Profiles; ƒ the development and drafting, through a broad-based consultative process, of a suite of priority legislation, regulations and Bylaws which were identified as necessary to address deficiencies outlined in Volume 1 and 2. These laws, which are included in Volume 3 – Legislation, Regulations and Bylaws, include the following: - Environment (Permits and Consents) Regulations 2006; - Environment (Environment Protection Fund) Regulations 2006; - Environment (Waste Licensing) Regulations 2006; - Environment (Biodiversity Conservation) Regulations 2006; - Environment (Suwarrow National Park) Regulations 2006; - Environment (Takuvaine Water Catchment) Regulations 2006; - Environment (Atiu) Regulations 2006; - Environment (Aitutaki) Regulations 2006; - Environment (Mitiaro) Regulations 2006; - Public Health (Sewage) Regulations 2006; - Atiu Bylaws 2006; - Aitutaki Bylaws 2006; - Mitiaro Bylaws 2006; - Water Resource Management Bill 2006; - Framework for a Trade in Endangered Species Bill 2006; - Framework for a Biodiversity Prospecting Bill 2006; - Framework for a Hazardous Substances and Foreign Organisms Bill 2006. ƒ The development of two guides, namely Multi-lateral Environmental Agreements – Handbook, and Permits and Consents Handbook; ƒ A comprehensive review and evaluation of capacity and awareness development needs to effectively implement the above laws.

The objectives of the final National Consultative Workshop are: 1. To present the major outcomes of the project; 2. To identify key activities required to ensure broad-based consultation on proposed new laws (i.e. Water Resource Management Bill 2006; Framework for a Trade in Endangered Species Bill 2006; Framework for a Biodiversity Prospecting Bill 2006; Framework for a Hazardous Substances and Foreign Organisms Bill 2006); 3. To identify key capacity development (i.e. training, information, etc) and awareness needs to effectively implement the laws developed under the project; and 4. To identify priority capacity development and awareness activities that can be presented to the Asian Development Bank as the basis for a follow-on Technical Assistance project. LEGAL & INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS [ADB TA 4273-C00] National Consultative Workshop June 6th – 7th 2006, AOG Hall Takuvaine, Rarotonga PROVISIONAL AGENDA

DAY ONE – Tuesday 6th, June Time Activity Presenter 8:00 am Registration 8:30 am - PURE AKAMATA CICC Deacon, Takuvaine, Tuamotu Matamaki - Introduction Mr. Vaitoti Tupa, NES Director - Statement by ADB Mr Edie Broitosworo, Asian Development Bank - Keynote address Honorable Mr. Teina Bishop, Minister for Environment - Project Overview - Mr. George de Romilly 10:00am KATIKATI POPONGI Biodiversity Conservation and Trade Regulations. 10:30am Outputs of Technical assistance (TA) - Environment (Biodiversity Ms. Elizabeth Munro Conservation) Regulations 2006, - Framework for a Trade and Mr. Joseph Brider Endangered Species Bill - Biodiversity Research and Benefits Ms. Louisa Karika Framework - Environment (Suwarrow National Mr. Ian Karika Park) Regulations 2006 Water Resources Management 11:30am - Takuvaine Management Plan, Mr. Tauraki Raea, Mr Paul Environment (Takuvaine Water Lynch Catchment) Regulations 2006 - Proposed Water Resource Mr. Ben Parakoti Management Bill 12:30pm KAIKAI AVATEA Permits and Consents, Sewage, Waste Licensing 1:30pm - Environment (Permits and Consents) Mr. Vavia Vavia Regulations 2006 - Public Health (Sewage) Regulations Ms. Jacqui Evans 2006 - Environment (Waste Licensing) Mr. Tekao Herrmann Regulations 2006 3:00pm KATIKATI AVATEA A’IA’I 3:30pm Permits and Consents, Sewage, Waste Licensing (Cont’d) 4:30pm Finish DAY ONE

LEGAL & INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS [ADB TA 4273-C00] National Consultative Workshop June 6th – 7th 2006, AOG Hall Takuvaine, Rarotonga PROVISIONAL AGENDA

DAY TWO – Wednesday 7th June

Time Activity Presenter 8.30am PURE AKAMATA Outer Islands Bylaws and Regulations 8:35am Outer Island Regulations Outer Island Reps - Environment (Atiu) Regulations • Mr. Nooroa Teipo & 2006 and Atiu Bylaws 2006 Kau Henry

- Environment (Aitutaki) • Aitutaki – Mr. Paul Regulations 2006 and Aitutaki Lynch Bylaws 2006 • Mitiaro – Mr. Nooroa - Environment (Mitiaro) Pouao Regulations 2006 and Mitiaro Bylaws 2006 10:30am KATIKATI POPONGI

11:00am - Strengthening the Role of Aronga Tekeu Framhein – Koutu Nui Mana in Implementing the Regulations

- Framework for Ozone Depleting Mr Antoine Nia Substances

- Environment (Environment Mr. Vaitoti Tupa Protection Fund) Regulations 2006 12:30pm KAIKAI AVATEA 1:30pm Training Needs/Follow-up TA Mr. Keri Herman and Mr. David Kerrison 3:00pm KATIKATI AVATEA A’IA’I 3:30pm Plenary Discussion Mr. George de Berdt Romilly, Mr. David Kerrison and Ms. Teresa Manarangi-Trott 4:30pm PURE AKAOTI Finish DAY TWO

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 7

PARTICIPANT LIST FOR FINAL NATIONAL CONSULTATIVE WORKKSHOP

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT PROJECT IN THE COOK ISLANDS – ADB TA 4273-COO

Provisional List of Participants

National Workshop Tentative List Sector – Green, Brown or both of Participants

Name Government Sector Hon. T. Bishop Minister of Environment Vaine Teokotai Health Secretary Brown Denise Rairi OPM Both Helen Wong OPM CEO Both Ian Bertram Marine Secretary Both Nga Mataio Agriculture Secretary Both Mii Rairi Nat'l HRD Both Ken Matheson Education Secretary Both Tingika Crown Law Both Terry Hagan Justice Secretary Both or ? Taggy Tangimetua Statistics ? Kevin Carr Financial secretary Both Joe Ngamata Airport Authority Brown Mata Nooroa Energy Director Both Mona Mato SBEC Manager ? Mark Short DIB Director Both Ata Herman Works Sec Both Te Kau Herman Waste Management Project, MoW Brown Keu Building Code ? Ben Parakoti Water Director Both Rauti Takitaki Survey Chief ? George Turia Policy Analyst - OPM? Both Aukino Tairea Transport Both Peter Graham Marine Policy Officer Both Maria Tuoro OPM Policy unit Both Otheniel Tangianau MOID Secretary Both Timoti Tangiruaine Mapping - MOW Both Tangi ?? (Energy) Energy Brown Chris Wong CI Tourism Director Both Gerald McCormack CI Natural Heritage Trust Green

Private Sector Tui Short Former NES director ? Marjorie & Ron C Consultants - pacific islands Both development Mathilda Miria Tairea Consultant - public admin law ? Teariki Rongo Consultant - environment Both Brett Porter Meatco Both John Wichman Foodland Brown Yvonne Heather Vonnias ? Don Beer Jnr Beco ? Trevor Clarke or rep CITC Both Tina Browne Law society ? Tata Crocombe The Rarotongan Both James Beer Jimco ? Arama Wichman Arama& Associates Both Jack Cooper Trader Jacks ? Don dorrell Motor Centre Both Jessie Sword General Transport Both Thomas Koteka Pacific Resort Both Lawrance Bailey Sokala Villas Both Jolene Heays Takitumu Villas Brown Shona Pitt Mountain View Lodges ? Sue Carruthers Tamarind House ? Des Eggleton Accomodation Council Both George Cowan Civil Engineer Both John Kennedy Civil Engineer Brown Tai Nooapii Miro Consultants Both Jane Lamb Marine Env.Consulting Green Anau Manarangi Consultant Both Tuaere Tangianau Consultant Both

Community Reps Tekeu Framhein Koutu Nui Both Ariki (Mitiaro) House of Ariki Both Pori Williams or V.Maeva CIANGO Both Patricia Tuara AMMAG Both (Garth Henderson) representative - Aunty REAP Both Mau? Jacqui Evans TIS/Health Both RAC Churches ? CINYC – Mahai/Piniki? Youth Both CINCW Women Both Nikki Rattle Red Cross Both David Greig NG Rep TOTAL NGOs:11

Ad-hoc Govt Agencies Ian Karika TCA/Env.Authority Both Rarotonga Vaka Council Both Mayors (3) Outer islands Mayors/and Both or Island secretaries (10)?

TOTAL Participants: 79

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 8

PRESENTATIONS AT FINAL NATIONAL CONSULTATIVE WOKSHOP

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO)

INTRODUCTION

• In February 2005, the Asian Development Bank initiated the Project.The objectives of this project are to

– provide advice and assistance to the Government of the Cook Islands in the process of developing effective regulations and institutional reforms to implement the Environment Act 2003;

1 INTRODUCTION/contd.

• The objectives of this project are to – establish a plan for improved inter-agency and institutional coordination for effective environmental management;

– identify revisions to sectoral legislation to ensure overall coherence with the Environmental Act 2003 and Regulations and uniformity with the plan for improved institutional coordination; thereby improving environmental quality within the Cook Islands.

IMPLEMENTATION ARRANGEMENTS • Executing Agency – Crown Law – National Environment Service – Ministry of Finance and Economic Management (ADB Focal Point)

• Project Steering Committee – Government, private sector and NGO representatives

• Project Team – George de Romilly - Team Leader and Legal Specialist – David Kerrison – Environmental Training Specialist – Anna Tiraa Passfield – Green Sector Specialist – Teresa Manarangi-Trott - Brown Sector Specialist – Mona Matepi - Social Development Specialist

2 ROLE OF THE EXECUTING AGENCY

• Co-Managers for the Project – Crown Law and National Environment Service or designated counterpart staff • Worked with Project Team • NES provided Secretariat Services and reported regularly to Minister of Environment and Solicitor General. • NES and Crown provided office space

OVERVIEW OF WORKPLAN

• Project timeframe February 2005 – June 2006 • Work undertaken in three phases – Phase 1 – February – April 2005 – Phase 2 – May – August 2005 – Phase 3 - September 2005 – June 2006

3 PHASE 1- INCEPTION MISSION

• Project Start up • Review of Work plan by EA and Steering Committee • Identification of priority regulations/bylaws • Hiring of NES legal advisor • Development of public outreach programme • Initiate Sectoral Review • Tripartite Meeting • Stakeholder consultative meeting • Inception Mission Report

PHASE 3 – TRAINING WORKSHOPS AND FOLLOW ON STRATEGIC PROGRAMME • Development of training material and presentation of training programme on priority environmental education areas to support regulations/bylaws • Consultations to develop a strategic plan to follow up TA outputs • Final National Workshop • Final Report

4 PHASE 1 – CONSULTATIONS

• Stakeholder consultations – Develop priority regulations for four islands, Rarotonga, Aitutaki, Atiu and Mitiaro – Develop priority bylaws for outer islands that come under Environment Act 2003 – Sectoral institutional and legal frameworks to identify gaps and deficiencies • Ongoing outreach programme

PHASE 2 – DRAFTING AND CONSULTATIONS • Drafting of priority regulations developed during Phase 1 • National Workshop to review and evaluate options for improving sectoral legal and institutional frameworks • Consultations on the above two areas • Ongoing outreach programme • Mid term Report

5 PHASE 1 – IDENTIFICATION OF PRIORITY REGULATIONS/BYLAWS • Step 1 – Review of Key Documents to identify issues of concern. These include:- - National Environmental Strategic Action Framework (NESAF); Cook Island Biodiversity Strategy and Action Plan, National Report for the 10 Year Review of the Barbados Programme of Action; National Assessment Report for the World Summit on Sustainable Development; National Communications to the United Nations Framework Convention on Climate Change; National Solid Waste Management Strategy; Cook Islands National Compliance Action Plan for the Phasing Out of Ozone Depleting Substances; and Strategic Plans that have been developed for all the Outer Islands.

PHASE 1 – IDENTIFICATION OF PRIORITY REGULATIONS/BYLAWS

• Step 2 – Develop “long list” of priority issues and concerns requiring legislation or regulations/bylaws

• Step 3 – Develop “consolidated list” in order of importance that urgently need to be covered by • regulations/bylaws, see circulated document

• Step 4 – Obtain Steering Committee input on the “consolidated list”

6 PHASE 1 – IDENTIFICATION OF PRIORITY REGULATIONS/BYLAWS

• Step 5 – Obtain Outer Islands Mayors and Secretaries input on “consolidated list”

• Step 6 – Define the scope of the priority regulations/bylaws, what areas should be included in the regulation/bylaw Identify essential institutional and coordination arrangements between agencies

• Step 7 – Initiate consultations to develop priority regulations/bylaws

PRIORITY REGULATIONS

• Priority 1 - Procedural, Organizational and Institutional Arrangements – Environment Protection Fund

7 PRIORITY REGULATIONS • Priority 2 - Pollution and Waste Management

–Collection and Disposal of Waste –Licensing and control of waste transporters –Sewerage regulations

PRIORITY REGULATIONS

• Priority 3 – Permitting and Approvals

–Permit and Approval Regulations (Linkages to EIA process)

8 PRIORITY REGULATIONS

• Priority 4 - Conservation and Management of Flora and Fauna –Protected Species –Protected Areas –Trade in Endangered Species

PRIORITY REGULATIONS • Outer Islands – Identification of priorities from strategic/ development plans – Development of “consolidated list” highlighting environmental priorities – See circulated document – Consultation (July – December 2005)

9 PART 2 - SECTORAL REVIEW • Objectives - Review and evaluate all sectoral legislation to identify gaps, deficiencies, overlaps, inconsistencies with new legislation - • Environment Act 2003 • Public Health Act 2004 • New Marine Resource Act 2005

STRUCTURE OF REPORTS • Volume 1 - Sectoral Review • Volume 2 - Institutional Profiles • Volume 3 – Legislation, Regulations, ByLaws • Volume 4 – Capacity and Awareness • Permit Handbook • Handbook on Treaties

10 VOLUME 1 - SECTORAL REVIEW • 9 Sections dealing with governance, planning, marine, water, pollution, biodiversity, commerce, education, MEAs.

• Identifies legal and institutional framework and any gaps, deficiencies, overlaps

• Recommendations for improvement

VOLUME 2 - INSTITUTIONAL PROFILES • Summary of key government agencies, NGOs and others involved in environmental management • Identifies legislative basis • Highlights role in environmental management

11 VOLUME 3 – Legislation, Regulations, Bylaws PART I – LEGISLATION • Water Resource Management Bill 2006 • Framework for a Biodiversity Prospecting Bill • Framework for a Trade in Endangered Species Bill • Framework for a Ozone Depleting Substances Bill

VOLUME 3 – Legislation, Regulations, Bylaws PART II - REGULATIONS • Environment (Atiu) Regulations 2006 • Environment (Aitutaki) Regulations 2006 • Environment (Biodiversity Conservation) Regulations 2006 • Environment (Environment Protection Fund) Regulations 2006 • Environment (Mitiaro) Regulations 2006 • Environment (Permits and Consents) Regulations 2006 • Environment (Suwarrow National Park) Regulations 2006 • Environment (Takuvaine Water Catchment) Regulations 2006 • Environment (Waste Licensing) Regulations 2006 • Public Health (Sewage) Regulations 2006

12 VOLUME 3 – Legislation, Regulations, Bylaws

PART III – BYLAWS • Atiu Bylaws 2006 • Aitutaki Bylaws 2006 • Mitiaro Bylaws 2006

VOLUME 4 – Capacity and Awareness • Assessment of capacity and training needs for implementing new regulations and Bylaws

• Outlines Action Plan for follow-on activities

• Informed by outputs from National Workshop

13 PERMIT AND APPROVALS HANDBOOK

• Summary of the approvals and permitting process as undertaken by government ministries/organizations • Explanation of requirements, process, forms, linkages

HANDBOOK ON TREATIES

• Summary of the International Environmental Treaties and Conventions to which Cook Islands is a signatory - or is interested in signing • Summarises obligations and requirements

14 Objectives of Final National Workshop

• To present the major outcomes of the project;

• To identify key activities required to ensure broad-based consultation on proposed new laws (i.e. Water Resource Management Bill 2006; Framework for a Trade in Endangered Species Bill 2006; Framework for a Biodiversity Prospecting Bill 2006; Framework for a Hazardous Substances and Foreign Organisms Bill 2006);

Objectives of Final National Workshop

• To identify key capacity development (i.e. training, information, etc) and awareness needs to effectively implement the laws developed under the project; and

• To identify priority capacity development and awareness activities that can be presented to the Asian Development Bank as the basis for a follow-on Technical Assistance project.

15 Legal & Institutional Strengthening of Environmental Management Workshop

Biodiversity and Conservation Regulations 2006

By Elizabeth Munro

Introduction • Party to Convention on Biological Diversity • Conserving our Biodiversity • Use its BD in a sustainable manner • Ensure an equitable sharing of the benefits on Biodiversity • Preserve knowledge related to Biodiversity • Regulation under Environment Act 2003 • Regulate the management of Biodiversity in the Cook Islands • Key gap area after NBSAP workshop • Recommendation from the NESAF and ADB consultative Workshop in July 2005

1 Part 1 - Administration

• Biodiversity & Conservation Division – Functions of the division • Develop and implement the Strategies and Action Plans in the NBSAP and Island BD Program of Work – Secretariat to Technical Committee

• Technical Committee • Support the development and implementation of a National Program of work on Biodiversity • Support and guide the Division • Provide scientific advice in relation to Biodiversity issues

•CHM • For dissemination of all Biodiversity and conservation information

Part 2 –Trade in Endangered Species

• Endangered spp. within the Cook Islands • Category 1 – No trade • Category 2 – trade with permit • Restriction on trade on invasive alien spp. • Rules, procedures and monitoring – Application of permits – Accidental release of spp.

2 Part 3 - Endangered Species

• Management of endangered spp. • Restrictions • No permits granted after cyclones for a set period • Whales, dolphins, corals, turtles, shells and shellfish that are CITIES listed • Management of stranded, injured or accidental capture of spp.

Part 4 – Protected Areas • System of protected areas in the CIs. • Process to plan and develop a protected area • Private conservation Areas Part 5 – Ra’ui • Aronga Mana System • Conditions of the ra’ui • Appointment of a Tiaki ra’ui • Role and duties of the Tiaki ra’ui • Other Tiaki ra’ui

3 Part 6 – Permit for Commercial or Research Activities • Rules and procedures (Activities that causes any significant adverse impact on Biological Diversity of CIs.) • E.g.. Eco-tourism

Part 7 - Enforcement • Powers of the officers • On the spot Utunga

Part 8 – Penalties • Fines

Part 9 – Miscellaneous • Protection of officers and committee

4 Institutional Capacity Building and Training Needs • Institutional – Funds – Personnel – Office space –CHM – Education and Awareness – Trainings – Database inventories –Surveys – Spp. identification – Invasive alien spp. identification – Issuing permits –etc

Individual Capacity Building Needs

– Skills in developing and implementing any management plans – Public Relationship Development – Knowledge on requirement of the convention – Identification of CIs endangered and Alien invasive spp. – Develop programs to carry out spp. survey – Continuous monitoring and inventories of spp. – Develop and update Database – Education and awareness programs and activities – Procedure on Issuing of permits – Organizing Technical committee meetings – Workshop organization – Reporting –etc

5 Meitaki Maata

6 Framework for a Trade in Endangered Species Bill

Joseph Brider.

Why do we need the Framework? ‹ Currently there is no Cook Islands legislation covering the international trade or movement of endangered or threatened species, in particular our own native species. ‹ This Bill compliments Goal A1 of the NBSAP “Conserve Cook Islands native and important naturalized plants and animals, and provide for their sustainable use” and Goal 1 of the NESAF “Enhance the management, protection and sustainable use of our natural resources”. This was also re-emphasized at the ADB Consultative Workshop in July 2005

1 What is the Framework? ‹ Govern the international movement of endangered species in, out and through the Cook Islands. „ The framework looks to achieve this goal through the following functions: ‹ Protect and conserve the wild fauna and flora in there ecosystem for this and generations to come; ‹ Ensure the protection and trade of wild fauna and flora from over exploitation of international trade; ‹ Manage and monitor wild fauna and flora for aesthetic, scientific, cultural, recreational and economic values; ‹ Manage and monitor the international trade of wild fauna and flora; ‹ Implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora

In a Nut Shell…

‹ The Bill proposes 3 working bodies

‹ The Management Committee (NES);

‹ The Technical Committee (established under the Environment (Biodiversity and Conservation) Regulations 2006);

‹ The National Secretariat (established as a Division of the NES under the Environment (Biodiversity and Conservation) Regulations 2006).

2 Management Committee ‹ Coordinates the permitting activities prescribed under this Bill. ‹ Determines applications for the trade of specimens, it can also delegate some of this power to the National Secretariat and to what specimens that power shall apply to.

Technical Committee ‹ Provides sound technical advice to the Management Committee and National Secretariat. ‹ Determine species that shall be included in the Schedules as Protected Species. ‹ Develop a quota system for the sustainable trade of species under this Bill.

3 National Secretariat ‹ Prepare reporting documents and disseminate these to relevant bodies. ‹ Maintain rosters, records and database of trade and of people competent to assist the Management Committee in implementation of this Bill. ‹ Carry out assessments on applications for trade, all in addition to other activities the Management Committee may prescribe.

Rescue Centre and Clearinghouse Mechanisms ‹ A centre will have to be established that can cater for the well being of confiscated specimens, in particular those live specimens. ‹ Mechanisms need to be created to facilitate the spread of information relating to this Bill.

4 Prohibitions

‹ Basically no one shall trade internationally in species that have been identified as endangered e.g. turtle, whale or dolphin etc, and ‹ No one shall trade internationally in other threatened species without a certificate granted from the Management Committee e.g. paua, shells or corals etc.

Activities to Effect the Implementation of the Bill ‹ Government to sign on to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. ‹ Adoption of the proposed Environment (Biodiversity and Conservation) Regulations 2006. ‹ Public Consultations to finalize this Draft Bill.

5 Institutions Needed ‹ Strengthening of Biodiversity and Conservation Division proposed under the Regulations as National Secretariat; ‹ Technical Committee proposed under the Regulations as Scientific Advisory body; ‹ Establishment of NES as the Management Committee; ‹ Establishment of Rescue Centre to ensure the well being of live specimens; ‹ Platforms for the dissemination of information to stakeholders.

Capacity Needs for Institutions

6 Biodiversity and Conservation Division

‹ Capacity strengthened in the following areas; „ Reporting capabilities especially to the Convention Secretariat; „ Record keeping in terms of Inventories and Databases; „ Capacity to correctly identify Species or have the sources at hand to do so; „ Understanding of the Standards for transporting specimens in particular live specimens; „ Understanding of the Convention and what the obligations to be met are.

Technical Committee ‹ Needs strengthening in the following areas; „ Access to new information or technologies that ensure the effective implementation of this Bill. „ Be capable of providing island specific assessments of species populations in order to develop essential quotas. „ Understanding of the Convention and what the obligations to be met are.

7 National Secretariat ‹ Need strengthening in the following areas; „ Reporting and record keeping especially to the Convention Secretariat. „ Be able to effectively distribute appropriate information to targeted stakeholder groups for the successful implementation of this Bill. „ Conduct thorough assessment of applications to ensure certification flows in a timely manner.

Rescue Centre and Clearinghouse Mechanisms ‹ Rescue Centre needs to be established with competent management and operation staff and has to be able to cater various confiscations. ‹ Current Clearinghouse Mechanisms need to be strengthened. These mechanisms could include a Website or Periodical but it will have to be designed effectively to capture wide audiences

8 Staff Needs

‹ There will have to training done for all staff (NES, Customs, Quarantine Marine) dealing with this Bill, it should compliment Customs and Quarantine procedures. „ Permitting Process „ Monitoring Applications ‹ Training should completed with the development of a Handbook.

Discussion

9 Access and Benefit Sharing Framework

Biological Research and Benefits

Why do we need it?

3rd objective of CBD Article 15 – basic principles of Access and Benefit Sharing Bonn Guidelines – assist countries in developing ABS systems

Prevent exploitation of our biological resources Ensure fair negotiations and equitable sharing of benefits Protect traditional knowledge and rights of resource owners

Currently no procedure for risk assessment process for research activities

1 Biological Research and Benefits Framework

To legislate access to biological resources in the Cook Islands includes traditional knowledge, practices, innovations associated with biological resources

To establish an access and benefit sharing system Aimed at research, bioprospecting and commercial use of biological resources

To ensure fair and equitable sharing of benefits that arise from this access

Administration (Part II) National Research Committee Permitting Authority Facilitates negotiations

Biodiversity and Conservation Division (BCD) Secretariat to this proposed Act and responsible for managing the overall ABS system

Benefit Sharing Trust Short term deposit for funds to be disbursed to beneficiaries as identified in the contract

Supervisors Experts in various fields that have been drafted to supervise access and research activities being undertaken

2 Permitting Process (Parts III-V) Applications and assessment All research applications to National Research Committee and channelled to BCD Biological Access Permit Consultations with resource providers Inform them of application, concerns, impacts Seek agreement recognising their right to refuse Negotiations for agreed terms Negotiator to act on behalf of resource providers and Government to negotiate fair benefits

Conditions for approval

Other Parts Transit Permits Removal of samples from site Export of samples out of the Cook Islands CITES

Offences and Enforcement Breaches to agreement and conditions Provides false information Causes damage Schedules/Annexes Application forms Model agreement and clauses

3 Framework Æ Act: Issues to be addressed Needs to fit in with review of National Research Committee and the IPR legislation Proposed change to application process Consultation needed to get framework to working draft Especially Biological Access Permit Process – Proposed format but needs reviewing – How to get resource owner approval – Need to consider expedited process – Fees to charge – May be high cost to the applicant – deterrent – Possibility of holding a bond, esp for large projects Model agreement and model clauses National consultation

Implementation issues

Fully functional Biodiversity and Conservation Division Establish role, office space, personnel, funding etc Effective and aware National Research Committee Establish a Roster of Supervisors Coordination between OPM and BCD Applications and negotiations Support to BCD from Operations Division ESD and EIA portion of process Fully informed public Guide to the Application Process Mechanism for accessing scientific knowledge

4 Key Capacity Needs

Trained negotiators and mediators Education and Awareness NRC General public/Resource Providers Training Supervisors BCD staff

– Facilitating consultations – Familiarisation with ESD and EIA process – Databasing Information Management National Registry of Applications and Contracts Transit Permits National Reporting Website as CHM

5 Cook Islands National Biodiversity Strategy Action Plan (NBSAP)

• Strategic Goal C (a) • ‘Establish an independent Suwarrow National Park Authority to administer the Cook Islands only national park on behalf of all the major stakeholders. A management group with the responsibility to conserve the atolls wildlife, and to monitor and control revenue-generating activities.’

1 • 1. Introduction • The Convention on Biological Diversity ______2 • The National Biodiversity Strategy Action Plan______2 • Strategic Goal C (a) ______2 • 2. Preamble ______3 • 3. Management Background______4 • 4. Economic Development______5 • 5. National Park Status______5 • 6. Why a national park? ______6 • 7. Some questions raised and responding answers______7 • 8. Aims of the consultancy______8 • 9. Methodology ______• 10. Results ______9 • 11. General Conclusion______10 • 12. Benefits______11 • 13. Constraints ______11 • 14. Responsibilities______12 • 15. Recommendations ______12 • 16. Acknowledgments ______13 • Annex: Draft Suwarrow National Park Authority Act.

• The Crown through the Cook Islands Investment Corporation (CIIC) •MFEM for Customs • Foreign Affairs for Immigration and NZAID assistance • Traditional Leaders • The people of Manihiki, Pukapuka, Rakahanga, Tongareva, • The people of the Cook Islands through CIANGO • Environmental NGOs • Cook Is Tourism Corporation • Frisbie and Neale Families • The Ministry of Marine Resources • C.I. Natural Heritage Project • Tu’anga Taporoporo - C.I.Environment Service • • Also interviewed were • Potential Eco-tour operators • Pearl Farmers Guild • Other interested individuals. • • A total of 35 people were interviewed.

2 • Northern Group Islanders including Palmerston all have an historical association with Suwarrow hence all have been included as stakeholders.

• Do you think that it should remain a National park? • Do you agree that the Authority should be set up? • Do you think that your ministry or group should be represented on the Authority? • If so, who will be the appropriate representative? • Do you agree that the other identified stakeholders should be on and how many members should the Authority have? • Are there others who should be on? • Do you think the Authority should be backed by legislation? • Should it operate as a private entity? • Should it have its own secretariat? • How often should the Authority meet? • Should it and can it be Government funded? • Other questions that arise at the interview.

3 • a strong desire to preserve Suwarrow Atoll in its natural state • National Park status needs to be recognized and confirmed and a management plan needs to be adopted and implemented to uphold the values and uniqueness of Suwarrow • (SNPA) to be set up as an ad hoc body still affiliated to Government by the inclusion of the relevant ministries

• the Northern Group Islands as well as Environmental groups be represented • three Government representatives s and three non- government representatives • Aronga mana be represented • accountable to Government and the Cook Islands people

4 Benefits

• proposed authority possesses a broad range of management expertise both technical and traditional • Authority will formalize a long awaited Management Plan that tell us what can or cannot be done in the National Park

• A draft SNP Authority act was circulated • Suggested to expand to a SNP Act

5 International Waters Project (IWP)

„ Goals and objectives

„ Activities allowed and not allowed

„ Regulation

„ Training and Capacity Building Needs

Takuvaine Water Catchment Regulations

The ra’ui of Tekou – under strict ra’ui to maintain, a safe quality of drinking water and at the same time continue the planting of taro, the collecting of medicinal plants and harvesting of utu.

T e M a t Te Kou i

1 The Plan - Goals

PLAN OBJECTIVES

1. To protect the quality of the water supplied from the Takuvaine water catchment and intake area.

2. To show what can be done about the management of the other water catchment areas that are also presently supplying drinking water.

HOW TO ACHIEVE THE OBJECTIVES

1. Manage the activities of people in the catchment area using a ra’ui management regime.

2. To re-enforce conservation and environmental management principles through involvement and active participation from the community in the enforcement and review of the proposed laws set out in this plan.

Ra’ui of the Te Kou Catchment

‰ Management of major activities allowed:

9Allowed activities: o Activities not allowed • water intake development and • Defecation in the area maintenance • Cleaning taro in the stream behind • Wetland taro planting the intake • Collecting of Maori medicine • Bathing in the water behind the water intake • Harvesting of utu • Livestock and wandering animals • Water quality monitoring • Catching Koura and eels • Littering • Shooting bats

2 Parts of the Regulation Activities that this regulation will manage

1 – The Management Committee 4 – Management of other activities in Funds of the Management Committee the ra’ui Annual Public Meeting of the Village Catching koura and eels and Reporting Harvesting of mountain banana (utu) Tiaki-ra'ui – who are they, their Collecting of medicinal plants function and their protections Shooting of bats Going for a walk – wandering around 2 – Those activities that will degrade the quality of the water Defecating in the bush 5 – Tiaki Raui Cleaning taro upstream of intake Tourism Wandering animals 6 – Penalties Penalties – instant fines and normal fines 3 – Noxious plants Community service Noxious weeds – prevent new species from arriving. Offenders to be publicly exposed through the media and at the Village Meeting House

Training and Capacity Building Needs

1. Educating Management Committee on: - Management Plan and Regulations - Understanding of technical information

2. Educating other stakeholders and the General Public

3. Tiaki Raui

4. Alternative Dispute Resolution

5. Training of Trainers

6. Technical people

3 Framework for Ozone Layer Protection Legislation

Requirements, Provisions, Implementation, Capacity/Training Needs

Why we need Legislation? ¾ Cook Islands ratified Montreal Protocol in 2003 ¾ Protection of the Ozone Layer from Ozone Depleting Substances (ODS)

z Harmful to health

z Refrigerant gases (CFCs, HCFCs) used in refrigeration and air conditioners

z Halons (fire extinguishers) ¾ Obligation under Protocol to develop legislation and licensing systems to phase out ODS ¾ Funding available from Multi-Lateral Fund and SPREP to help in phase out

1 Ozone Layer Protection Bill 2006 Key Provisions ¾ Preliminary z Interpretations ¾ Administration z National Ozone Committee, Secretariat (National Compliance Centre) ¾ Prohibitions z Imports, Exports, Manufacture, Sales, Use, Service ¾ Permits z Applications, Management and Monitoring ¾ Licensing z Sales, Service, Technicians ¾ Management z Labelling, Storage, Servicing, Transportation, Recycling, Disposal ¾ Enforcement and Offences ¾ Miscellaneous ¾ Schedules

What is required for effective implementation of Legislation? ¾ Public Consultation for 3 months with relevant stakeholders ¾ Finalise and refine legislation with Crown Law, SPREP Legal Consultant, Customs ¾ Training National Ozone Committee on requirements of Legislation ¾ Public Awareness of the legislation

z Workshops/Meetings/Consultations

z Advertisements in Newspaper, TV, Website

z Copies available in public areas for comments

z Labeling and Information Bulletins

2 Institutional Arrangements to Implement Legislation

¾ National Environment Service

z National Compliance Centre (Focal Point) • Report to Ozone and MLF Secretariat • Formulate, Develop Legislation and Licensing Systems • Co-ordinate Trainings for Refrigeration Technicians and Customs Officers • Recovery and Recycling Equipments • Public and Industry Awareness Campaigns ¾ National Ozone Committee

z NES, Crown Counsel, Customs, Statistics, Reps from ODS Importers, Other Govt Dept, NGOs • Provide Policy Advice and Technical Support

Institutional Arrangements to Implement Legislation (cont.) ¾ Crown Counsel

z Drafting, Finalising Legislations ¾ Customs

z Border Control, Enforcement of Act ¾ Statistics

z Reporting ¾ ODS Importers ¾ Accreditation

3 Capacity and Training Needs ¾ Reporting Requirements z ODS Importers - Refrigeration Companies, Fire Services, Supermarkets, Hotels, Retailers z Statistics and Customs z NES – Permits, Licenses Database Development ¾ Training of Refrigeration Technicians z Regional Strategy under MLF – SPREP th th z Scheduled for 10 – 14 July 2006 ¾ Training of Customs Officials z Regional Strategy under MLF – SPREP z Scheduled for September 2006, once Legislations completed ¾ Training of Handlers, Transporters ¾ Needs to be ongoing, Mechanisms for Accreditation ¾ Local Translations of Guide to Permits and Education Materials ¾ Recycling and Disposal

Indicative Budget

¾ $10,000 per year for equipment and training and accreditation programmes ¾ $20,000 per year for Secretariat personnel and operating costs ¾ $3,000 per year education programmes ¾ $3,000 per year phase out costs, risk assessments for alternatives substances, clearinghouse, database, recapture, recycling and disposal

4 Thank you and Kia Manuia..

“Protect Ozzy, Ozzy Protects You and Our Islands”

5 Public Health (Sewage) Regulations

Pollution and Waste Management Board z Set sewage standards z Keep a register of qualified plumbers, drain layers and sanitary engineers z Keep a register of approved and proven sewage treatment systems z Proposed to be Directors of Public Health (Chair), Environment Service and Building Control

1 Register

z All plumbers and drain layers to be properly qualified and registered with the Board

Responsibility

z The owner of a sewage treatment system is responsible for the cost of its installation and maintenance

2 Operational standards

z No discharge of wastewater into natural water (ground water, lake or lagoon). z No discharge of wastewater into ground less than 900mm above ground water table. z High level of treatment is required for large volumes (hotels etc). z Medium level of treatment is required for small volumes (homes etc).

Operational Standards

z High level of treatment is required for sensitive areas (beach sections and clay soils) z A septic tank and effluent dispersal area (soak pit or trenches etc) must be 2 metres from any land boundary, 3 metres from any building, 3 metres from any tree, 15 metres from the lagoon or stream, 50 metres from any well.

3 Operational Standards

z A grease trap must be installed at all commercial kitchens to stop grease from going into the sewage treatment system.

Operational Standards

z No excavation allowed in sewage treatment system and effluent dispersal area without Public Health Department approval.

4 Operational Standards

z No stormwater (rainwater that comes off roads, fields etc) allowed in sewage treatment system.

Application for Sewage Construction Permit

1. Fill out Application for Sewage Construction Permit form 2. Sanitary inspector inspects section

3. Public Health reviews application and gives permit with/without conditions

5 Application for Sewage Construction Permit

4. Installer installs sewage treatment system

5. Sanitary Inspector inspects installation and issues Completion Certificate

Building Permit

z On Rarotonga, a Building Permit may not be issued by Building Control until a Sewage Construction Permit has been issued by the Public Health office.

6 Occupancy Permit

z On Rarotonga, an Occupancy Permit may not be issued by Building Control until a Completion Certificate has been issued by the Public Health office.

Operation of a High Load Treatment System

z High Load Treatment System – for a hotel or other large development z Operation and Maintenance manual

z Maintenance contract required

7 Testing of High Load Treatment Systems

z High Load Treatment Systems must be tested in the first year of operation

Building Extension

z Needs Letter of Clearance or a Sewage Construction Permit from Public Health

8 Registry

z Copies of applications, permits, letters of clearance etc z To keep information on each sewage treatment system

Compliance with standards

z Banks must ensure loan clients comply with sewage regulations

9 Inspection of Existing Properties

z Inventory of existing sewage treatment systems

High Load Treatment Systems that don’t work

z The owner has one to five years to repair the system

10 Septic Tanks that are not Working

z The owner has two to five years to repair or replace their septic tank z They may apply to the Environment Protection Fund for funds to pay for the repair or replacement of their septic tank???

Sludge Removal

z Sludge must be removed every three years z Sludge removal must be recorded in a report

11 Summary z Pollution and Waste Management Board z Register z Responsibility z Operational Standards z Application for Sewage Construction Permit z Building Permit z Occupancy Permit

Summary z Operation of High Load Treatment System z Testing of High Load Treatment System z Building Extension z Registry z Compliance with Standards z Inventory and Inspection of Existing Properties z High Load Treatment Systems that don’t work

12 Summary z Septic tanks that don’t work z Sludge Removal

Capacity Needs z Training in Sewage and Sanitation for:

z drain layers z installers z servicing agents z inspectors z regulators z auditors

13 Capacity needs z Economic feasibility study – what will it cost to bring our country up to standard? z Funds for researching local innovations in technology

Capacity Needs z Information systems:

z GIS (network with MOW infrastructure database) and associated training

z Registry and associated training

14 ENVIRONMENT (WASTE LICENCING) REGULATIONS 2006

WHY THIS REGULATION

• Licence organisations, businesses that will be collecting, transporting and disposing waste • Control and establish standards to ensure that waste is disposed appropriately • Set standards and conditions that all licensees are required to maintain • Ensure effective collection, transportation and disposal of waste.

1 KEY PROVISIONS

• Establishment of the Pollution and Waste Management Board. Representatives of – Environment Service – Public Health of the Ministry of the Health – Ministry of Works • Set down the terms of the licence and conditions for implementing the licence • Receive applications • Issue and ensure compliance with the conditions of the Licence

Other Provisions

• Other main provisions include: – Licencing Applications – Fees – Conditions – Breach of Licence – Offences – Penalties

2 Institutions

• Ministry of Works will receive applications and issue licences

• Environment Service and Ministry of Health will monitor the conditions and ensure compliance with the licence

Training Requirements

• Interpreting and developing licence agreements

• Development of appropriate media and information for public dissemination

• Enforcement of Conditions

• Offences and enforcement training

3 Environment Act (Permits and Consents) Regulations 2006

Mr Vavia Vavia National Environment Service

Contents: 1. Purpose of the Regulation.

2. The Environment Act (Permits and Consents) Regulation 2006.

3. Requirements for the Effective Implementation of the Regulation.

4. Institutional Arrangements to Implement the Regulation.

5. Capacity and Training Needs.

1 1. Purpose of the Regulations Support the processes in the Environment Act by adding clear guidelines and structure. To make it more understandable for people to know the process of obtaining a Permit or Consent from the Environment Service.

2. Regulation- Part 1 – Administration. Establishes the Compliance, Enforcement and Monitoring Division within the NES and directs the NES to inform the Public of these Permitting and Consenting processes. It says that Ministry of Works and Ministry of Health shall not issue a permit until the NES has issued theirs.

2 Part 2 – Activities that Require Environmental Permits and Consents This part spells out what kind of activities require a Permit of Consent from the NES. They include; z Activities in the foreshore; and z Activities near streams, lakes and wetlands amongst other activities.

Part 3 – Initial Assessment Sets out the initial process for Environment Officers to follow when a person intends to develop a piece of land, it requires; z The completion of the ESD form; and z Site visits; and z Authorization by the Director of the NES.

3 Part 4 Environmental Impact Assessment (EIA) Highlights what activities require EIA, further addressed in Schedule 2. Introduces Precautionary Principle, i.e. if there is doubt about whether the project will impact or be impacted on the environment the EIA will automatically be used. Introduces the Terms of Reference which is the guide (tool) that is used by the Engineer to prepare the EIA.

Part 5 – Technical (Focus) Report Highlights what activities require TR, further addressed in Schedule 4. Introduces the Terms of Reference which is the guide (tool) that is used by the Engineer to prepare the Technical Report.

4 EIA vs. Technical Report

EIA is normally used for large projects such as Landfill, Harbours, Hotels other projects are mentioned in Schedule 2. Technical Reports are used for smaller projects, minor excavations, small scale wetland filling with other projects mentioned in Schedule 4. EIA is advertised to the public for 30 days, technical reports are not.

Part 6 – Preparation and Submission of Reports. Identifies qualified Engineers in Schedule 5 Requires the Applicant or Developers to hire an Engineer. Sets out information to give to the Applicant or Developer and what they must submit to the NES.

5 Part 7 – Review of Reports States that the NES must review the reports initially, and if any information is missing, they must advise the Applicant to get this information. Directs the NES to conduct Peer reviews on all reports; and Directs the NES to seek expert advice on subjects if the NES does not have that expertise. Review of Reports (cont…) Stipulates the 30 day EIA public review process and sets up a fee for the application

Part 9 – Management and Monitoring No work is to be done without a permit if a permit is needed. It is the applicants responsibility to implement any conditions set forth by the Authority.

6 Part 10 – Enforcement and Monitoring

Sets out the powers of an inspector and makes it a condition of all permits or consents that the inspector must be allowed to carry out their monitoring work Establishes what inspections may be undertaken Allows for the Director intervene when a project has been identified to have been carried out with a permit or consent.

3. Requirements for the Effective Implementation of the Regulation. Wider Consultation with relevant National Stakeholders; Training of local counterparts (NES, MOW, Public Health) who will be involved in dealing with the Regulation - Permitting - Monitoring

7 Requirements for the Effective Implementation of the Regulation (cont…) Training of Environment Authority Members, especially on Permitting; Accreditation of Engineers and Environmentalists to carry out EIA and Technical Reports; More Public Awareness of the Regulation, through media, or even meetings etc.

4. Institutional Arrangements to Implement the Regulation ¾ Environment Authority: - Approves and Decline applications; - Review Project Applications ¾ National Environment Service: - Implementation Body of the Regulation - Serves as Secretary to the Environment Authority; - Review EIA AND Technical Reports; ¾ Accredited Engineers: - Do EIA and Technical Reports.

8 Institutional Arrangements to Implement the Legislation (cont…) Building Controller: - Approval of Buildings - Monitoring Public Health: - Approval of Sewage Disposal - Monitoring

5. Capacity Building and Training Needs within NES. Investigation and Prosecution Process Reporting Data Base Entries Public Relation

9 Meitaki Maata

10 ENVIRONMENT (AITUTAKI) REGULATIONS 2006

•PART I •SPECIES & HABITAT PROTECTION

1 PART III RAUI

••Raui ••Tiaki Raui ••Declaration

•PART IV •ENVIRONMENTAL HEALTH

2 •PART V •MARINE RESOURCES

PART VI FORESHORE

3 •PART VII •ENFORCEMENT

PART VIII PENALTIES

• SCHEDULE

4 AITUTAKI BY-LAWS

• PART 1 • ANTHEM AND FLAG OF AITUTAKI

• PART 2 • SABBATH OBSERVANCE

• PART 3 • MATTERS RELATING TO ALCOHOL

• PART 4 • EDUCATION

• PART 5 • LAND MATTERS

5 PART 6 GENERAL

PART 7 • ENFORCEMENT

• PART 8 PENALTIES

6 Atiu (Enuamanu) By-Laws 2006

Part 1. Anthem, Flag and Crest of Atiu ¾Anthem and Crest of Atiu.

1 Part 2. Sabbath Observance

¾Sabbath Observance

Part 3. Matters Relating to Alcohol.

¾License to sell Alcohol; ¾No Alcohol Sales on Sunday; ¾Consumption of Alcohol on Sundays in groups; ¾Purchase and Consumption of Alcohol; ¾Permitting or encouraging persons under eighteen years of age to consume alcohol.

2 Part 5. Land Matters

¾Land Matters.

Part 6. Dances

¾Public Dances

3 Part 7. General

¾ Special License, eg Flights to and from Atiu to be permitted by the Island Council in consultation with the Airport Management Committee; ¾ Tourism Activity ¾ Flights ¾ Owners of Land Responsible; ¾ Visits; ¾ Burial; ¾ No Dogs or Cats on Atiu

General (cont..) ¾Building heights; ¾Traffic Offences; ¾Liability of Principal and Agents; ¾Levies ¾Fire Arms and Explosive devices; ¾Permits for Film Making Activities; ¾No Camping; ¾Member Protection; ¾Tobacco Consumption.

4 Part 8. Enforcement

¾Power of Enforcement Officers; ¾Enforcement by Enforcement Officers of this By-Law.

Part 9. Penalties

¾Penalties; ¾On the Spot Fines; ¾Application of Fines Imposed.

5 Requirements for the Effective Implementation of the Regulation

¾Wider Community awareness programs; ¾Training of Enforcers (Island Councilors).

EnvironmentEnvironment ((AtiuAtiu)) RegulationRegulation 20062006

6 Part 1. Management of the Island of Takutea ™Designation of Takutea as a Protected Area, controlled and managed by Trustees of Takutea; ™Management Plan.

Part 2. Species and Habitat Protection ™Importation of animals, coconuts and plants; ™Taking of coconut grabs; ™Protection of crayfish, flying fish, birds, turtles,trees ™Removal of Artifacts and archaeological materials.

7 Part 3. Raui

™Raui; ™Declaration.

Part 4. Environmental Health

™Water Supply; ™Control and Disposal of Litter; ™Hazardous Materials and Waste; ™Sewage (household, businesses); ™Wandering Animals; ™Keeping of Pigs.

8 Part 5. Marine Resources

™Pollution by boats; ™Registration of Boats used for tours; ™Use of nets; ™Scuba Diving; ™Destructive Fishing Methods; ™Yachts Permits.

Part 6. Foreshore

™Removal of silts, gravels, sand, cobble and boulders; ™Fill

9 Part 7. Enforcement

™Inspection; ™On the spot fines ™Proof of offence; ™Council and Authority member protection.

Requirements for the Effective Implementation of the Regulation ™Wider consultation of the Regulation through the media, and meetings; ™Training needs for the Atiu Environment Authority, Island Councils, Health Officers etc.

10 ENVIRONMENT REGULATIONS for AITUTAKI

Kia orana e Kia manuia

1 WHAT ARE REGULATIONS?

• There are 3 levels of Laws- • Act, • Regulation and • By-laws.

Why do we need Regulations?

• The National Environment Act 2003 requires Regulations to make them work at village level. • Regulations deal with local village level issues and can be operated by a Local Council. • Regulations (and By-laws) can made and amended easier than Acts.

2 What happens next?

• Step 1- Agreement on the final draft Regulations and By-laws; • Step 2- Approval by Crown Law and Cabinet; • Step 3- Signed by Q.R. and Gazetted (made public)

3 Island Environment Authorities

• 11. (1) An Island Environment Authority shall be established, in accordance with the Schedule, for Rarotonga and for each Outer Islands to which this Act applies. (See Slide 31 & 32) (2) Every member of an Island Environment Authority is a voting member unless otherwise provided in the Schedule.

Functions • 12. Functions of Island Environment Authorities –

• (1) It shall be the function of each Island Environment Authority in respect of its island to - • (a) identify priority areas of environmental concerns and convey to the Service such policies and programs as are approved by the Authority for implementation; • (b) participate in preparing the work programme of the Service for each financial year; • (c) participate in preparing the Service’s annual report in connection with – • (i) the work of the Service on and in relation to the island; and • (ii) any other matter concerning the island; • (d) formulate and publish guidelines on specific issues of environmental protection and improvement and environmental quality and waste water standards for the purposes of this Act; • (e) recommend to the Minister regulations to be made; • (f) determine applications for permits and consents for the purposes of sections 36, 50, 51, 57, and 58;

• “Permitting authority”, - • (a) in relation to an act, omission, or other activity on or in relation to Rarotonga or an Outer Island to which this Act applies, means the Island Environment Authority for the island concerned; and • (b) in any other case, means the National Environment Council; • (g) carry out any other function conferred on the committee by this Act or the regulations.

4 Functions ….

• (2) In the performance of its functions under subsection (1) an Island Environment Authority shall – • (a) take into account the following: • (i) Government policies in relation to the environment, as from time to time conveyed in writing to the Authority by the Minister; • (ii) any recommendations of the Forum; • (iii) relevant traditional resource management practices and standards on the island; and • (b) seek expert advice at all times where such expert advice is reasonably available. • (3) An Island Environment Authority may invite officials, experts, and other persons to advise the Authority in relation to any subject matter under consideration. • (4) An Island Environment Authority may appoint sub- committees consisting of officials, experts, and other persons to facilitate the committee’s work on specific areas of concern and to advise the Authority in the discharge of its functions

Chairperson

• 13. Chairperson - Each Island Environment Authority shall have a chairperson who shall be appointed by the Minister from amongst the persons appointed as voting members of the Authority. The chairperson shall hold office for a term of three years, unless he or she earlier resigns that post, or otherwise ceases to be an appointed member of that Authority.

5 Tenure of Office

• 14. Tenure of office of appointed members – (1) Except as otherwise provided by this section, every appointed member of an Island Environment Authority shall be appointed for a term of 3 years, but shall be eligible for re-appointment. • (2) An appointed member may at any time resign by giving notice in writing to the Minister. • Any member may be suspended or removed from office by the • Minister with the concurrence of Cabinet, only on grounds of incompetence, disability, bankruptcy, neglect of duty, or misconduct or if the member, having dissented from a • Majority decision of the Authority, publicly criticises the decision of the majority.

Tenure of Office (2)

• (4) The Minister shall by notice in writing remove an appointed member from office if he or she is absent from 3 consecutive meetings of the Authority without leave of that Authority. • (5) An appointed member ceases to hold office as an appointed member if he or she is elected to be a member of any Island State Government. • (6) Where an appointed member resigns, is removed from office, or where any member otherwise ceases to be a member, the Minister may appoint a person to replace that member in accordance with the provisions of the Schedule. • (7) The powers of an Island Environment Authority shall not be affected by any vacancies in its membership.

6 Meetings…1

• 15. Meetings of Island Environment Authorities – (1) Every meeting of an Island Environment Authority shall be presided over by the chairperson, and in the absence of the chairperson the voting members present shall appoint one of their number to be the chairperson for that meeting. • (2) Meetings shall be held on such dates as the Authority shall decide, but in any event at a frequency of not less than one meeting every two months. • (3) The Minister shall have the right to attend and address any meeting • of the Authority.

Meetings…2

• (4) The Director or his or her designated representative shall attend every meeting of the Authority. • (5) At least three days’ notice of every meeting of the Authority shall be given to its members and the Director (or his or her designated representative), except- • (a) where the chairperson of that Authority certifies in writing that he or she is of the opinion that there is good reason to hold an urgent meeting; or • (b) in the case of a special meeting called under section 19. • (6) At meetings of the Authority the quorum necessary to transact business shall be- • (a) In the case of the Authority for Mangaia or Rarotonga, 4 voting members; • (b) In any other case, 3 voting members.

7 Meetings…3

• (7) Every question before a meeting of the Authority shall be decided by consensus, failing which it shall be determined by a majority of valid votes of the members present. In the case of equality of votes, the chairperson at the meeting concerned shall have a casting vote. • (8) Subject to the provisions of this Act and any regulations made under it, the Authority may regulate its proceedings in any manner it thinks fit. • (9) Notwithstanding section 12(3) and (4) and subsection (3) of this section, the Authority may, at any time and at its sole discretion, exclude any person (other than a member of that Authority, or the Director or his or her designated representative) from its deliberations.

MINUTES of Meetings

• 16. Minutes of meetings - (1) Every Island Environment Authority shall cause minutes to be kept in a book maintained for the purpose of recording all resolutions and proceedings at its meetings. • (2) The minutes shall be approved by the Authority at the following meeting, and signed by the chairperson of this later meeting. • (3) A copy of the minutes of each meeting shall be furnished to every person who was a member of the Authority at the time of that meeting.

8 Remuneration of Authority members

• 17. Remuneration of Authority members – (1) Subject to subsection (2), every appointed member of an Island Environment Authority shall be paid out of the Service’s account established under section 62, without further appropriation than this section, such remuneration, expenses and allowances as are prescribed by Order in Executive Council. • No person who is a member of Parliament or an employee in the • Service of the Crown or any agency of the Crown shall be entitled to receive remuneration as a member of an Island Environment Authority.

Disclosure of conflicting interests

• 18. Disclosure of conflicting interests – (1) Any member of an Island Environment Authority who, otherwise than in his capacity as a member, is directly or indirectly interested in any matter before the Authority, shall as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of that interest – • (a) if the Authority is in session or that member is the chairperson, to that Authority; and • (b) in any other case, to the chairperson. • (2) A disclosure under this section shall be recorded by the Authority or the chairperson, as the case may be, and the member shall thereafter not take part in any deliberations or decisions relating to the matter, but shall be counted for the purpose of forming a quorum.

9 Special meetings

• 19. Special meetings – (1) The chairperson or any three members of an Island Environment Authority may at any time by notice in writing signed by them and setting forth the matters to be considered, call a special meeting of the Authority. • (2) A notice under subsection (1) shall be delivered to every member of that Authority and to the Director or his or her designated representative before the day of the meeting.

PART 3 NATIONAL ENVIRONMENT COUNCIL

20. National Environment Council - (1) The Director shall, in consultation with the Minister, from time to time as required for the purposes of this Act, convene a National Environment Council to act as permitting authority for any part of the Cook Islands other than Rarotonga or an Outer Island. • (2) The members of the council shall be the following: • (a) The Director, as chairperson of the council; and • (b) One member nominated by each of the Island Environment Authority.

10 PART 4 ENVIRONMENT OFFICERS

• 24. Island Environment Officers - (1) The Director following consultation with the Minister shall appoint at least one Island Environment Officer to Rarotonga and to each Outer Island to which this Act applies. • (2) Each Island Environment Officer shall be appointed by instrument in writing on the recommendation of the Island Environment Authority for the island concerned. • (3) The Director shall cause to be issued to each Island Environment Officer an identity card in such form as the Director thinks fit. Every person who ceases to be an Island Environment Officer shall forthwith return his or her identity card to the Director.

PART 6 MANAGEMENT PLANS AND PROTECTED AREAS

• 37. Management Plans - (1) The Service shall from time to time, at the request of the Island Environment Committee for an island, prepare a draft management plan for any area within the island, for all or any of the following purposes: • (a) protection, conservation, and management of wildlife including protected species and the habitat of such wildlife and species;

11 • (b) protection, conservation and management of inland waters, the foreshore, and internal waters; .• (c) protection, conservation and management of uninhabited islands; • (d) conservation and management of forests; • (e) prevention of soil erosion; • (f) prevention and control of pollution and waste; • (g) protection, conservation and management of wetlands; • (h) conservation and management of historical, archaeological and cultural sites; • (i) setting out restrictions to which the land and waters in the area shall be subject to in the interests of achieving the objectives of the plan; • (j) any other purpose relating to the environment which in the opinion of the Island Environment Authority will benefit from a Management Plan.

PART 7 CONTROL OF LITTER

• Litter offences

12 PART 8 SPECIFIC AREAS OF CONCERN

• 50. Protection of foreshore and Cook Islands waters - (1) Every person commits an offence who, without the prior consent in writing of the permitting authority or contrary to any provision of a management plan, - • (a) removes any silt, sand, cobble, gravel, boulder, coral or any tree from the foreshore or Cook Islands waters; or • (b) carries out any excavation, dredging, clearing, paving, grading, ploughing, removal of trees or vegetation, or other activity within the foreshore or Cook Islands waters which may result in the alteration of the natural configuration of the foreshore; or • (c) places any fill or material of any type within the foreshore or Cook Islands waters; or • carries out the construction or erection of any wall or structure within the foreshore or Cook Islands waters

51. Pollution of Cook Islands waters and inland waters –

• (1) Every person commits an offence who, without the prior consent in writing of the permitting authority, - • (a) throws, discharges, or deposits or causes, suffers, or procures to be thrown, discharged or deposited into any Cook Islands waters or inland waters, either from or out of any vessel, or from the shore or any wharf, manufacturing establishment or mill of any kind, any refuse matter of any kind or description whatever; or

13 Disposal of toxic chemicals

• 56.Disposal of toxic chemicals - Every person commits an offence against this Act who disposes of any toxic chemical or its waste in a manner likely to harm the environment.

Excavations on sloping land

• 57.– (1) No person may – • (a)undertake any excavation of any kind on any land having a natural gradient in excess of 1:10; or • (b) erect or alter any building or structure on such land, except with the written consent of the permitting authority.

14 Protection of wetlands

• 58. - (1) No excavation, dredging, clearing, paving, grading, ploughing, dumping, reclamation, removal of trees or other activity of any kind which may alter the natural configuration of the wetlands shall be undertaken on any wetlands, nor shall any building or structure be erected or altered on any wetlands, without the written consent of the permitting authority.

General Penalties

• 59. – (1) Every person who commits an offence against this Act (whether or not an offence against a provision of this Part of this Act) for which no other penalty is provided by this Act shall be liable - • (a) in the case of a body corporate to a fine not exceeding $100,000, and if the offence is a continuing one to a further fine of $10,000 for each day or part of a day that the offence shall continue; •

15 General Penalties…

• (b)in the case of an individual to a fine not exceeding $10,000, and if the offence is a continuing one to a further fine of $250 for each day or part of a day that the offence shall continue, or to imprisonment for a term not exceeding one year or to both the fine and the imprisonment.

Liability of principals and agents

• 60. - (1) If an offence against this Act (whether or not an offence against a provision of this Part of this Act) is committed by any person acting as the agent or employee of another person, that other person is, without prejudice to the liability of the first-mentioned person, liable under this Act in the same manner and to the same extent as if he or she had personally committed the offence

16 Environment Protection Fund

• 61. (1) The monies held in the Environment Protection Fund shall be expended on the protection, conservation and management of the natural environment including the protection of reef and foreshore, preservation and protection of flora and fauna, soil conservation, protection from pollution of (and removal of pollution from) land, sea and air, and other purposes consistent with the provisions of this Act,

PART 13 MISCELLANEOUS

• 68. Protection of Environment Officers and members of Island Environment Authority or National Environment Council - (1) No Environment Officer shall in any way be liable to be prosecuted, or be liable in damages, for the exercise or performance in good faith of the functions, duties, or powers vested in the Service or an Environment Officer under this Act.

17 Adoption of Outer Island by-laws

• 72. – (1) An Island State Government may refer to the Minister for approval a by-law made by it under the Islands State Government Act 2003 relating to the protection or management of the environment. • (2) If the Minister considers it appropriate the Minister may by notice in the Gazette approve that by-law.

Regulations- Outer Islands By-laws

• (3) A by-law approved by the Minister under this section shall be deemed to have the force of a regulation made under this Act. • (4) Notwithstanding any provision of the Islands State Government Act 2003 to the contrary, every person who commits an offence against a by-law approved by the Minister under this section shall be liable to a fine not exceeding $50,000, and in the case of a continuing offence, to an additional fine not exceeding $1,000 for every day on which the offence continues.

18 Schedule to Act- Section 11 Composition of IEA (Atiu)

• 6. Island Environment Authority for each of the remaining Outer Islands (Atiu) • The Island Environment Authority for an Outer Island not specified in any of items 2 to 5 of this Schedule shall consist of the following members: • (a) 4 members appointed by the Minister with the concurrence of Cabinet, after consultation with the members of Paliament, Island State Government, and Aronga Mana, of the island concerned, being: • (i) one person to represent the public of that island; and • (ii) one person to represent the public health interests of the Ministry of Health in relation to that island; and • (iii) one person to represent registered organisations that are active on that island, or in the absence of such organisations, to represent the non-governmental organisations of that island; and • (iv) one person to represent the Aronga Mana of that island; and • (b) The Kavana Tutara for the time being of that island; and • (c) Every member of Parliament for the time being of that island, as a voting member of the Authority.

Island Environment Authority for Mitiaro

• The Island Environment Authority for Mitiaro shall consist of the following members: • (a) 3 members appointed by the Minister on the recommendation of the Ui Ariki of Mitiaro, with the concurrence of Cabinet and after consultation with the Island State Government, members of Parliament, and Aronga Mana, of Mitiaro; and • (b) One member appointed by the Minister on the recommendation of the Aronga Mana of Mitiaro, with the concurrence of Cabinet and after consultation with the Island State Government, members of Parliament, and Ui Ariki, of Mitiaro; and • (c) The kavana Tutara for the time being of Mitiaro; and • (d) Every member of Parliament for the time being of Mitiaro, as a voting member of the Authority.

19 Restrictions on the appointment of IEA members

• 7. (1) Notwithstanding items 1 to 6 of this Schedule, - • (a) The Minister shall not appoint any person to an Island Environment Authority unless the Minister is of the opinion that the person has suitable knowledge or experience relating to the protection, conservation, and management of the environment; and • (b) The Minister shall not appoint to an Island Environment Authority any person who is a member of an Island State Government. • (2) For the avoidance of doubt, nothing in paragraph (1) of this item affects any person holding office as a member of an Island Environment Authority by virtue of holding the office of Konitara Tutara, Kavana Tutara, or member of Parliament.

20 21 Mitiaro

By-laws and Regulation

Mr Nooroa Pouao

Environment Officer, Mitiaro.

Mitiaro By-Laws 2006

1 Part 1. Sabbath Observance. z Sundays, Good s regarded as a day of Worship and rest; z Visitors, and the People of Mitiaro to respect and observe such beliefs and for those to keep it holy;

Part 2. Matters Relating to Alcohol: z Licence to Sell Alcohol; z No Liquor Sales on Sunday; z Consumption of Alcohol on Sundays; z Consumption of Alcohol by Under age Persons; z Permitting or Encouraging persons under 18 years of age to consume alcohol.

2 Part 3. Education: z School Age children not to be abroad; - children under 16 shall not be abroad after 9pm, unless accopanied by the parents.

Part 4. Land Matters:

z Land Matters to be Dealt with by the Ui Ariki and Aronga Mana, Konitara Enua.

3 Part 5. Dances: z No Dance after Midnight; z No Dances during certain Months;

Part 6. General: Part 6. General: z Tourist Activity; z Visits z Anthem and Ensign; z Burial; z No Dogs or Cats on Mitiaro; z Building Heights; z Traffic Offences.

4 Part 7. Enforcement:

Part 7. Enforcement: Enforcement members: - Police Constable - Agriculture Officer - Marine Officer - Public Health Officer - Environment Officer

Part 8. Penalties: z Every person commits an offence who acts in contravention of these By-Laws or in contravention of any permit and shall on conviction be liable to any one or more of the following penalties; - On Spot fine of $50.00 - fine not exceeding $200.00 - offender cannot afford penalty, he she must carry out community Service.

5 2. Environment (Mitiaro) Regulations 2006

Purpose of the Regulation: z Support the processes in the Environment Act by adding clear guidelines and structure.

6 Eight (8) Parts to the Mitiaro Regulation: Part 1. Species & Habitat Protection: z Importations of Animals Prohibited; z Importation of Plants and Coconuts; z Taking of coconut crabs; z Protection of Crayfish, Flying Fish, Eels and Milkfish, Birds, Turtles; z Prevention of Bushfires; z Designation of PA; z Management Plans

Part 2. Raui z Raui, z Declaration.

7 Part 3. Environmental Health z Drinking Water Supply; z Resterictions on Water Supply; z Cleaniliness of Premises; z Controlled of Litter; z Disposal of Litter at Home; z Recyclable materials; z Hazardous maetrials and Waste; z Designation od Public Waste Disposal sites

z Household Sewage; z Sewage from Businesses; z Wandering Animals; z Keeping of Pigs.

8 Part 4. Marine Resources. z Pollution by Vessels; z Registration of Boats used for tours; z Prohibition of the sale of Fish; z Protection of Mackeral scads; z Scuba Fishing; z Destructive Fishing Methods; z Vessel Permits.

Part 5. Foreshore; z Removal of Silt, sand, gravel, cobble and boulders; z Fill.

9 Part 6. Enforcement: z Inspection; z Enforcement Officers; z On the spot Fines; z Proof of Offence; z Council and Authority member protection.

Part 6. Penalties: z Penalties; z Application of Fines imposed; z Alternative Dispute Resolution; z Repeal.

10 CookCook IslandsIslands

Environment Protection Fund Regulations

ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006 Presentation will Cover: • Why are these Regulations Required

• What are the Key provisions in the Regulations

• What is required for effective implementation of these Regulations

1 ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006 Why are these Regulations required • To provide for the sound management of monies in EP Fund – collected as part of departure tax – which is presently administered by Cabinet

• To establish procedures for the disbursement of funds in support of environmental protection projects

ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006 What are the key provisions in the Regulations • Establishment of EPF Board -Director of NES (Chair) - Secretary (MFEM) - House of Ariki -KoutuNui - Northern Group - Southern Group -NGOs/CBOs - Rep. from Commercial Sector

2 ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006 What are the key provisions in the Regulations • Purpose of EPF Board - administer monies in fund - receive applications -make decision on applications - monitor projects supported by fund - prepare audits of fund - prepare budgets for annual allocations of fund

• NES is Secretariat to Board

ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006 What are the key provisions in the Regulations • Rules and procedures guiding applications to and use of EP Fund

• Fund Criteria for applications

3 ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006

Criteria for Projects • Capacity building for environmental management • Waste minimization and prevention of pollution • Biodiversity conservation • Adaptation to Climate Change

ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006 What is required for effective implementation of these Regulations

• EPF Manual in Maori and English for Applicants

• Training for community groups in project proposal writing, project management (including financial management), and project monitoring

• Public awareness campaign concerning EP Fund

• Information on website concerning EP Fund Regulations, and examples of projects funded

4 ENVIRONMENT (ENVIRONMENT PROTECTION FUND) REGULATIONS 2006

Discussion

5 Akamatutu’anga I te Ture Tupuna ei Turu I te Taporoporo’anga

Ture Iti no te Ra’ui

• E 5 ture iti I rauka I raro ake I teia anga’anga a te ADB.

• Kua tiki iatu te manako o te Are Ariki, te Koutu Nui e te au mata o te au putuputu’anga tuketuke I roto I te oire I runga I Rarotonga nei.

1 Au ture iti tei oti… • Ture taporoporo no Atiu 2006

• Ture Taporoporo no Aitutaki 2006

• Ture Taporoporo no Mitiaro 2006

• Ture Taporoporo no te Vai Takuva’ine 2006

• Ture Taporoporo no te Au Apinga Natura 2006.

Ra’ui – Part 1 Akakoro’anga: Ei taporoporo I te au apinga natura o tetai nga’i i raro ake i te akatere’anga a te Aronga Mana me kare, Konitara enua.

• Na te Aronga Mana e akano’o I te aka’teretere’anga o te ra’ui.

2 Tetai au tumu manako pu’apinga:

• E au tika’anga tetai no te atu enua i akano’o ia i raro ake i te ture iti o te Ra’ui.

• Kia tiki tetai uatu tangata inangaro I te kimi marama o’onu i te tika’anga a te Aronga Mana me kare Konitara enua I mua ake ka rave ei I tana anga’anga.

• Kia tiki katoa ia te tika’anga a teia nga kopapa I runga ake, me inangaro koe I te kokoti I tetai apinga natura no te ma’ani vairakau mei roto mai I te ngai Ra’ui ia.

Tiaki Ra’ui • Aronga Mana e te Konitara enua

• Ka rauka katoa ia ratou te iki I tetai uatu tangata ke ei Tiaki Ra’ui.

• Tu’anga akataka’ia na te Tiaki Ra’ui: - akara meitaki e te akono iara te ture ra’ui - $100 ‘utunga’ no te akarongokore - akakite ki te Tu’anga taporoporo no te akautunga anga I raro ake I te ture iti.

3 - Rekoti i te au utunga; apai I te moni utunga e tai epetoma mei te taime o te utunga ki te Aronga Mana/Konitara.

- Ripoti I tetai uatu a’ati’anga ia o te Ra’ui ki te Aronga Mana/Konitara/NES.

• Na te tangata e iki me ka tutaki aia I te utunga, me ka apai I tona manamanata ki te akava’anga ture.

• Me kare e peke iaia tana utunga, ka tika iaia kia iki I te anga’anga oire ei tutaki no tana utunga. (kare e tere atu i te 30 ra)

4 • Me kare aia e inangaro I te tutaki I tana utunga, ka tuku ia te reira manamanata ki te Akava’anga e ko te utunga I reira kare I raro ake I te $150; takake ki te utunga a te Akava’anga.

• Ka rauka katoa iaia te iki I tetai ravenga ke atu I raro ake I te tu’anga (48) o te ture iti.

- Rekoti i te au utunga; apai I te moni utunga e tai epetoma mei te taime o te utunga ki te Aronga Mana/Konitara.

- Ripoti I tetai uatu a’ati’anga ia o te Ra’ui ki te Aronga Mana/Konitara/NES.

5 • E Tiaki Ra’ui katoa te Opita Akava e tetai uatu Opita o te Tu’anga Taporoporo.

Tu’anga VII: Utunga • Au ravenga ke no te akatano anga I te manamanata: a) akautunga’anga I raro ake I te ture b) akatano na roto I te uriuri’anga manako c) akateretere’anga meitaki d) kapiti I teia au ravenga I runga ake.

Ka rauka na roto I te; • Tereni’anga no runga I tetai au ravenga tuketuke no te akatano’anga manamanata.

• Tereni’anga no te ta’anga’anga I te ture

• Retita no te Ra’ui • Rekoti no te au peu tupuna ei turu I tetai au ravenga tuketuke no te akatano’anga manamanata.

6 Ture Tupuna Tamanako

1. Kia akaora ia te mana o te Ture tupuna na roto I te akatupuanga I tetai au kopapa akavaanga no te Akaueanga I te Ture I roto I te au Vaka, me kare enua.

2. Kia riro na te Akavaanga Ture Tupuna e tuku I te utunga tei tau I raro ake I te Ture Tupuna.

Ka akape’ea e tupu ei? 1. Kia angaia tetai ture maata (Act) no te Akavaanga Peu Tupuna, tona akakoroanga, tona akatereanga, e tana au angaanga.

2. Kiarironate UiAriki e akaue I teia ture na roto I te akatupu anga o teia au Akavaanga no te au vaka me kare enua.

7 Au takainga… • Kia akanoo ia tetai Kopapa Apira no te Akavaanga Ture Tupuna, e ake e ka inangaro tetai tangata I te apira I te tukuanga tika a te Akavaanga Ture Tupuna.

• Akakoukou’anga e te tata’anga o te au ture Ture tupuna a te Kuki Airani.

Au takainga…

- Akano’oanga I te akateretereanga o te ture I raro ake I te Akavaanga Ture Tupuna – pera te akaraanga I te au ngai taii I raro ake I ta tatou peu tupuna.

- Tereni’anga I te au mema o te Akava’anga Ture Tupuna – including mock hearings.

8 Au manako ta’openga… • Ka inangaro ia ta tatou turu kia apai ia teia au tamanako’anga ki mua.

• Kia akamatutu’ia to tatou Aronga Mana kia rave meitaki I ta ratou tu’anga no te aorangi.

• Te turu pakari a te kavamani e te ADB no te akakoro’anga e tapapaianei.

Meitaki ma’ata!

Meitaki Ranuinui!

9 A Herman: Water Resources 1 Management Presentation 6/6/2006 Ministry Of Works Department of Water Works (DWW) Proposed Water Resources Management Act Legal & Institutional Strengthening of Environmental Management in the Cook Islands Takuvaine AGO Hall, Rarotonga 6 June – 7 June 2006

Contents À Policies, Strategies & Legislation À Institutional Arrangement À Public/Community awareness & education & participation À Disaster preparedness & Climate change Adaptation À Capacity Building À More Cooperation & Optimization, less duplication À Summary

A Herman: Water Resources 2 Management Presentation 6/6/2006

1 Water Policies, Strategies & Legislation

À Guidance & formulation of national water policies and strategies; À Comprehensive water legislation for the use, protection and conservation of water resources and the operation of water supply systems; À There is no single, national comprehensive Water Supply Legislation in the Islands except for scattered legal provisions that address the supply of water to the public. À - Outdated Rarotonga Waterworks Ordinance 1960. À As an ADB member country, we have requested assistance to develop the National water policies and legislations. À Appropriate protection and management policies for water catchment are essential for a safe water supply.

A Herman: Water Resources 3 Management Presentation 6/6/2006

Appropriate institutional arrangement

ÀAppropriate institutional arrangement to ensure that water resources development and management occur in the context of national strategy; À Line Ministry/Department; Local government, Public Water Supply Board or Public Utilities Authority etc. À At present Institutional strengthening of the DWW is required. There are deficiencies in the current institutional arrangement. À Therefore a corporate structure for water supply is needed - to develop a financially sustainable water system, revenue streams are required and charging the public directly for water supply is necessary.

A Herman: Water Resources 4 Management Presentation 6/6/2006

2 Appropriate institutional arrangement (cont.) À Related issue - Greater Planning & co-ordination between Water Supply, Environment, Agriculture and Health agencies in respect to water resources and water supply;

À Planning processes to recognise the close relationships between water resources and the total island environment, especially between water supply, wastewater and solid waste disposal activities; À Integrated Water Resource Management

A Herman: Water Resources 5 Management Presentation 6/6/2006

Public/Community Awareness & Participation À Greater public education and awareness of water resources and supply issues – proper utilisation, protection and conservation; À All of us, government, civil society, and the business community, need to become water wise in order to avert the water crisis – for e.g. flood and drought . À We need to understand that water is not a single sector, but cuts across most of our social, environmental, and economic policies, and that good water management must comprise all these fields.

À Greater public participation in the planning, co- ordination and control of water resource activities and provision of water supply services; À Local Vaka/Island Councils, landowners, NGOs’ etc. A Herman: Water Resources 6 Management Presentation 6/6/2006

3 Proposed WATER RESOURCES MANAGEMENT ACT

ÀAn Act to provide for the better investigation, use, control, protection, management and administration of water resources.

A Herman: Water Resources 7 Management Presentation 6/6/2006

PART 1 - PRELIMINARY

À Application of Act À Interpretation

A Herman: Water Resources 8 Management Presentation 6/6/2006

4 PART 2 - RIGHTS IN WATER

À Public rights in water À Customary rights and rights of occupiers À Power to acquire rights to use water À Power to acquire rights to erect works À Existing works and uses À Limitation on rights to take or use water À Acquisition of interests other than by this Act denied À Unauthorised taking of water prohibited À Unauthorised construction of works prohibited

A Herman: Water Resources 9 Management Presentation 6/6/2006

PART 3 - ADMINISTRATION

À National Water Resources Advisory Committee À Composition of the National Water Resources Advisory Committee À Meetings of the National Water Resources Advisory Committee À Appointment of Officers À Delegation of powers À Power to promote co-ordination À Declaration of Water Districts À Public education program À Local Water Management Trusts (Committees)

A Herman: Water Resources 10 Management Presentation 6/6/2006

5 PART 4 - WATER RESOURCES PLANNING À National Water Resources Management Policy À Approval and Enforcement of Policy on Water Resource Management À Policy on Water Resource Management to be Consulted for EIA’s À Variation of Policy on Water Resource Management À National Water Resources Inventory À Power to require records, etc. À False or misleading information À Power to enter land and execute works for investigating water À Notice where private land is disturbed À Access to confidential information À National Water Resources Development Plan À Effect of approving Development Plan À Development Plan to be reviewed À Application to amend Development Plan À Approval of application À Planning powers of the Director A Herman: Water Resources 11 Management Presentation 6/6/2006

PART 5 - WATER RESOURCE DEVELOPMENT

À Designation of Urban Water Protection Zones À Designation of Rural Water Protection Zones À Power to construct work, etc. À Power to supply water, etc. À Power to establish protected areas

A Herman: Water Resources 12 Management Presentation 6/6/2006

6 PART 6 - POWERS OF DIRECTOR À Effect of exercising powers or declaring zones, districts, etc. À Power to enter lands and take action À Power to give directions À General powers of the Director À Water Conservation Enforcement Notice

A Herman: Water Resources 13 Management Presentation 6/6/2006

PART 7 - ACCESS OVER ADJOINING LAND

À Interpretation À Application to conduct water across land À Assent of adjoining owner À Record of agreement À Procedure in event of dissent À Result of decision À Certification and registration of scheme À Power of applicant to undertake repairs À Costs of application

A Herman: Water Resources 14 Management Presentation 6/6/2006

7 PART 8 - FINANCIAL MATTERS

ÀPower to impose charges, etc. ÀRecovery of charges, etc. ÀCompulsory acquisition and compensation

A Herman: Water Resources 15 Management Presentation 6/6/2006

PART 9 - WATER UTILITIES

À Establishment and powers of Water Utility Board À Composition of Water Utility Board À Meetings of Water Utility Board À Expenses of Board À Powers imposed by contract or other Acts preserved À Duty of utility to Furnish Information À Application to operate À Licensing of water utility À Monitoring and audit À Establishment of water rates À Summary investigation by Board À Hearings À Approval of Improvements

A Herman: Water Resources 16 Management Presentation 6/6/2006

8 PART 10 - OFFENCES

À Destruction of works À Interference with supply À Prohibition of pollution À Prohibition of waste À General Penalty À Additional Penalties

A Herman: Water Resources 17 Management Presentation 6/6/2006

PART 11 - MISCELLANEOUS

À Protection of officers À Obstruction of officers À Service of notices À Regulations À Commencement

A Herman: Water Resources 18 Management Presentation 6/6/2006

9 Summary À It needs people commitment & will to sustain management and development of its water resources.

À Governments can do more to create an environment in which people’s initiative and capacity is at the centre of action.

À A First Draft of the Water Resource Management Act is in place to start a consultave process to proceed

A Herman: Water Resources 19 Management Presentation 6/6/2006

A Herman: Water Resources 20 Management Presentation 6/6/2006

Thank You for Your Attention

10 CAPACITY DEVELOPMENT

Capacity knowledge (from information) ability (from training and experience) resources (human, material, financial) motivation organisation management

1 Limits to training

If you know how to do it, but you don’t do it, you don’t need training, you need something else.

(Could you do it it you had to do it to save your life ?)

Limits to communication

Said is not heard Heard is not understood Understood is not accepted Accepted is not done

2 Limits to education

If the kids know all about climate change, but they want a car as soon as possible… do they need more education about CC ? or do their dads need higher motoring taxes ?

Training

Formal technical training (big and small) Coaching/mentoring Learning by doing (learning by making mistakes) On-the-Job Training (sitting next to Nellie !)

3 Training and education

Are ways of enabling learning

(to take place).

Capacity development environmental management is an art, not a science. insufficient numbers to encourage a high degree of specialisation. but staff can have major and minor responsibilities.

4 Training approach specific (short) technical training for specialised needs learning by teamwork practice (with mentoring / coaching) documenting and using cases preparing and using scenarios self-education as part of personal development plans for staff (life-long learning)

Thank you

5 CAPACITY DEVELOPMENT

Capacity knowledge (from information) ability (from training and experience) resources (human, material, financial) motivation organisation management

1 Limits to training

If you know how to do it, but you don’t do it, you don’t need training, you need something else.

(Could you do it it you had to do it to save your life ?)

Limits to communication

Said is not heard Heard is not understood Understood is not accepted Accepted is not done

2 Limits to education

If the kids know all about climate change, but they want a car as soon as possible… do they need more education about CC ? or do their dads need higher motoring taxes ?

Training

Formal technical training (big and small) Coaching/mentoring Learning by doing (learning by making mistakes) On-the-Job Training (sitting next to Nellie !)

3 Training and education

Are ways of enabling learning

(to take place).

Capacity development environmental management is an art, not a science. insufficient numbers to encourage a high degree of specialisation. but staff can have major and minor responsibilities.

4 Training approach specific (short) technical training for specialised needs learning by teamwork practice (with mentoring / coaching) documenting and using cases preparing and using scenarios self-education as part of personal development plans for staff (life-long learning)

Thank you

5 INFORMATION

Not just words … information Æ insight ? information sources Æ information products

1 Information products must be …

• for a specific purpose • relevant to decision-making needs • timely • easy • obtained easily • based on data with references • uncertainties identified • and acknowledged • cost-effective

Information products about …

• The pressures on the environment

• The state of the environment

• Responses to the pressures

2 In other words

• What’s happening ?

• Why is it happening ?

• What are we planning on doing about it ?

Development of information

• Primary data

• Managed data

• Information

• Information product

3 Thank you

4 ACTION PLAN

To manage and regulate

• After this project, what happens next ?

• Can we do it ?

• What do we need to do it ?

1 Adequate capacity

• Knowledge • Skills • Awareness • Resources

Training Needs Assessment

Long list of self-reported capacity development needs

2 This workshop

Some suggestions already of requirements to implement the regulations

Now we need your suggestions and priorities

Now …

• Think of TRAINING

• INFORMATION

• AWARENESS

3 Next …

• Consider the issues discussed in the last two days • Select 10 issues (Training or Information or Awareness needs), combine them if necessary, and rank them in order of priority • Indicate who or what agency can provide the services (Government, other Cook Islands, external source) • Indicate costs

Into Action Plan

• Your priorities and proposals will be incorporated into the Action Plan

4 Thank you

5 ENVIRONMENTAL EDUCATION

What is it ?

science economics issues advocacy

1 Where ?

• formal (in school / college) (FE)

• non-formal (regulated curriculum out of school) (NFE)

• informal (non regulated curriculum out of school)

School

• clubs • activities • across the curriculum (science, geography, art, language, maths) • special subject / topic

2 Tertiary

• basic or foundation requirement • professional diploma (EIA ?) • ecology (other sciences) • economics • post-graduate

Non-formal

• science and economics • related to issues • holistic

3 Informal

• related to issues • advocacy • campaigning

Thank you !

4 ENVIRONMENTAL AWARENESS

Key questions why bother ? whom should we bother ? with what should we bother them ? how should we bother them ? did we really bother anybody ?

1 How do I know you are aware ?

“ I will know you are more aware, when you behave differently from before.”

“You say you are now more aware, but you behave in the same, old way.”

“I will only believe that your awareness has increased when I see that your behaviour has changed.”

Awareness campaigning analyse the problem define the target apply the pre-test agree the message select the medium launch the campaign do the campaign apply the post-test

2 Problem analysis guess the probable problems hold consultation meetings rank the problems are they likely to be solved through increased awareness ?

Target groups who is the public ? everybody ? men and women ? rural and urban ? young and old ? decision-makers ? 10 people ? 1,000,000 people ? how do we reach them ?

3 KAP survey

Knowledge + Attitudes + Practices = Awareness

To be environmentally aware is to have information to have knowledge to have a moral and a social sense

4 Communication strategy

why ?

to move attention away from the communication products …

to the communication processes.

Content of strategy

Who ? audience, target Why ? purpose, objective What ? content, messages How ? media When ? timing, frequency Where ? locality, setting What’s happening ? feedback, monitoring, evaluation, impact, result

5 Pre-test / post-test develop TOR for test (social survey) contract survey practitioner review questionnaire train enumerators apply questionnaire analyse results report results

Messages guess the message test the message revise the message test the message finalise the message

6 Sample messages we should all be more environmentally aware put your garbage in a sealed container outside you house every Monday morning

Suwarrow is a protected area

Media interpersonal (face to face) print mass media - radio / TV outdoor - banners, posters, expo music, bands, footballers, fashion traditional / customary / cultural religious organisations

7 Production

TOR for artist / producer /ad agency commison artist / producer / ad agency concept board / storyboard / outline test and review production broadcast / display

Thank you

8 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 9

SUMMARY OF FINAL NATIONAL CONSULTATIVE WORKKSHOP

LEGAL & INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS [ADB TA 4273-C00] National Consultative Workshop June 6th – 7th 2006, AOG Hall Takuvaine, Rarotonga

MINUTES OF MEETING

Welcome – Vaitoti Tupa, Director, NES,

Keynote Speaker - Hon. T Bishop, Minister of the Environment.

Introduction and Overview to Workshop – George de Berdt Romilly, ADB TA Team Leader.

Break

Presentations:

Biodiversity Conservation and Trade Regulations.

Environment (Biodiversity Conservation) Regulations 2006, Elizabeth Munro PowerPoint Presentation as per Appendix 4

Comments and Questions: 1. Minister – application of regulation, Institution is not clear. This regulation may also include Raui areas as well instead of two separate regulations Application to all islands under the Environment Act – enforcement by the Environment Service and island councils on the Outer Islands Maybe necessary to have two clauses that affect Rarotonga and Outer Islands Expected that the regulation could be passed within the next month.

2. Aitutaki Representative Policing is very important and environment constables to be paid an allowance to police health hazards that fits in with the environment issues – consider village constabulary. Media and awareness programmes… impression that Environment should prevent digging in hills but it does not seem to be working Education curriculum should include environmental awareness as a permanent part of the curriculum

Response from Environment No one is responsible for Biodiversity at the moment and with this regulation then perhaps there can be a dedicated unit in the Environment Service

List of species – additional species need to be identified Policing is very important and the regulation ensures that police are able to enforce compliance of the regulation.

1 Constabulary is a good one and this

3. Crown Law Office Clause 11: Meeting of Committee Subsection E & F: Koutou Nui requested that they be included in Committee. Noted that it should not have equal status to the House of Ariki Representative

4. Okirua Teokoitu: Representation of the island council – why is there no representation from the island council Requires further consultation

5. Sub-paragraph B and D – sections should be deleted

6. Representative of the Koutu Nui Believes that they should be on the Board especially when the members of the Koutu Nui for Rarotonga

7. Section 39 – Appears to be forming new institutions in the outer islands. Is this consistent with the current laws of the country. Noted that Crown Law agree with alternative dispute resolution and not to go to Court. Clauses provide for strengthening communities to allow them to enforce and foster communities to work together.

8. Support for training of enforcement of officers – those who are caretakers of the Raui – enforcement and seizure is open to abuse without correct training.

Training and enforcement must be up the top and a high priority

9. Clear about the application of this regulation – setting of committee need to be clear for Rarotonga and may need to be different on the sister islands. Be careful not to set up too many committees…. Too small to come up with extra committees because the sister islands are small.

Committee in the sister islands is with the Environmental Committee and the Island Council Need to clarify the functions of the various committees and this will be clarified after further consultation

10. Crown Law There will not be a problem for enforcement of the raui in Pukapuka. Penalties should be a minimum fine to take advantage of alternative dispute resolution – on the spot fine of $100 which could discourage enforcement officers. If taken to Court then the fine should be over $100 Noted by Environment Service – covered by Section 39 D.

2 Framework for a Trade and Endangered Species Bill Joseph Brider PowerPoint Presentation as per Appendix 5

Comments and Questions 1. Marine Why is there a need for a management committee? If this is done by Environment Service then why is there a need for it..

Environment Service response Establish a Structure as per the Convention Management committee that includes all those that give permits.

Technical Committee – established protocol for a two tier system. Environment Service should issue the permits – must consult with lead ministry to exercise their own function Need to consult further on these issues and this document is only the framework for the proposed regulation. Needs further clarification.

Proposal that the committee is made up of the HOM’s and Environment Service is the Secretariat

2. Concerned about the coordination of the framework. Speaker from Aitutaki The regulation should be under one roof and get on with it. Secretariat should give effect to the recommendations and deliberations of the Management Committee

Biodiversity Research and Benefits Framework Louisa Karika PowerPoint Presentation as per Appendix 6

Comments and Questions 1. Ensure research committee is properly trained to deal with Biodiversity Prospecting.

Environment (Suwarrow National Park) Regulations 2006 Ian Karika PowerPoint Presentation as per Appendix 7

Comments and Questions 1. Peter (Marine Resources) Legislation that allows 12 miles – need to be consistent with the EEZ and 12 nautical mile zone. Make of committee and who will represent me as a Cook Islander Trina (CITA) Definition of ”eco-tourism” What are the impacts of tourism?

RECOMMENDATIONS Need to develop management plan once the management plan/policy is completed Train Enforcement Officers and Manager and obtain resources to run the park

3

Water Resources Management

Takuvaine Management Plan, Environment (Takuvaine Water Catchment) Regulations 2006 Tauraki Raea, Mr Paul Lynch PowerPoint Presentation as per Appendix 8

Comments and Questions 1. Tourism Clause 19, restricted areas and is there any provisions for visitors.

Response – annual review but at the moment there is no provision for visitors to enter the catchment. Uncertain as to who is the culprit for the pollution. Entry into the area should be controlled and once it is fully established then it will be reviewed.

2. Entry to the catchment area for research is unclear. Need to have consistency with provision regarding Bio prospecting committee with regard to benefit sharing and access. Need to clarify entry into the area by visitors as well as researchers

3. Search and Rescue teams would they have access? This has not been addressed and will be included and search and rescue teams will be exempt as they are included in providing a service for the public good.

Framework for Ozone Depleting Substances Antoine Nia PowerPoint Presentation as per Appendix 9

Comments and Questions

1. Minister Who is this committee? Environment Service, Government related departments, NGO’s.

2. Talk about ozone depleting substances. There is a layer of gas that goes around the earth which is called ozone. Some of the chemicals that come from refrigerators and air-conditioning will be harmful to the ozone layer. These chemicals cause depletion of the ozone layer which can cause danger to the skin and can cause cancer.

3. Appliances that are in poor condition should not be recycled but replaced.

4. Ozone is bad for the whole world. The rate of blindness and skin cancer will increase if the ozone layer is depleted.

Need to look at old appliances in the outer islands as well We must be very careful of how we control donations of appliances in the Cook Islands because they do not meet the standards required.

4

5. Institutional arrangements – dangerous goods Act as well as pesticides control Act Data is also available from SOPAC. A Pesticide Control Act does not cover ODS.

6. Is the move to have an Expert Committee oversee these regulations? There are a large number of committees and how can this be streamlined? Need to have a balance that still is to be found. Many countries have one large authority which undertakes all these functions. Benefits are in place but this approach leads to sectoral legislation. Difficult to have one committee. There is a need for specific skill sets for each board. Need to empower the committees and the clause relating to empowerment to cover all functions of the committee would be very long in order to cover all the various committees. Attempts are to cluster the committees and their roles and responsibilities. Definitely trying to avoid duplication but it is important to have technical skills available to meet the demands of the various boards.

Permits and Consents, Sewage, Waste Licensing

Public Health (Sewage) Regulations 2006 Jacqui Evans PowerPoint Presentation as per Appendix 10

Comments and Questions 1. Is this legislation related to a city style environment? Not able for Aitutaki to implement this system which is a proper city layout. Disposal and pit toilets. Will this legislation apply to pit toilets? This will continue to be part of our life for a long time.

Each island would determine the standards for their island. Concern has been raised with regard to the effluent standards and the impact on the lagoons currently. Therefore it is important to have a minimum standards and most systems that have been built with no standards and it is these poorly constructed systems that are harmful to the lagoon.

Challenge is to fund the upgrade of septic tanks and current sewage systems and if this is not addressed there will be a continued destruction and contamination of the lagoons.

Need to have consensus in this matter.

2. Concern over here is that the cost of system to the ordinary household. Agreed that if left too long it will be harmful. Need to take it slow and must start with tourist accommodations and apply to whomever to take the challenge on. People will be faced with the exorbitant cost to take it on.

3. Why are the financial institutions being held accountable?

5 Other countries this is a trend that it is unfair for the landowner to pay the cost. Financial institutions should be liable for not meeting their own due diligence. In the absence of legislation and there is no legal requirement then there is a duty of care to the financial institutions. Comments from Crown Law and you can legislate but the difficulty is that imposing the liability of banks can give the banks the ability to dictate to avoid subsequent liability. Giving to the Banks the powers to dictate. Should be a restraint for trade and Ministry of Health is ensuring this by establishing training programs.

4. When is the Banks liability removed? When does the institution take over. On signing that the system meets the standards required then the liability of the bank is released.

5. Were the financial institutions consulted? Economic Feasibility and could the systems be subsidized.

Discussions earlier on with the financial institutions? More consultation is required.

Government has not confirmed what is going to happen.

6. Tom Wichman – Rockerfellow Fellowship donated the first pit toilets. Then there was an upgrade to flush toilets. Then there is the move to compost toilets. These were established in Penrhyn and nobody wants to use them. Flush toilets are the major problem and is polluting the lagoon. Septic tanks if constructed correctly will last ten years. It must be sealed properly and then the bacteria will work properly. Septic tank should always be full. Another problem is the detergents which kills the bacteria. Must bypass washing machine water to another tank.

7. Don Dorrell Biggest problem is nutrients in the lagoon.. Why are we only dealing with human waste? Piggery waste is not included. Penalties (Clause 43.2) discharging into the ground water. Intention is direct discharge, not via a sewage system that has not been treated. Waste water is not adequately defined. The theory of irrigation and spraying over plants is incorrect.

Treatment process is defined in the regulation. Many instances there will need to be an alternative identified. Starting point is the inventory. Design treatment according to soil type to ensure that receiving environment is addressed.

8. One problem is where tourist operators build a four bedroom house and there is a change to the property. Covered under the extension.

6 9. Tom Wichman - Water hyacinth is the best type of plant that will take up nutrients.

10. Grey water – is it covered? One of the culprits in the environment. Also household chemicals is not addressed. Definitely an issue and will need to be addressed and designed after the inventory is complete. Separation of grey water and sewage needs to be addressed.

11. This regulation must go through. We need to take care of our environment and we need the framework must be implement. Problem is our environment and the impact on our economy which is tourism.

12. Don Dorrell. Grey water is the biggest supplier of phosphate. Particles in grey water are required in the septic system

Recommendation Testing waste water effluent laboratory is required. How this can be shared between various agencies for testing environmental health.

Environment (Waste Licensing) Regulations 2006 Teresa Manarangi-Trott PowerPoint Presentation as per Appendix 11

Comments and Questions 1. No additional comments.

Environment (Permits and Consents) Regulations 2006 Vavia Vavia PowerPoint Presentation as per Appendix 12

Comments and Questions 1. No major issues

7 Day 2

Outer Islands Bylaws and Regulations

Environment (Aitutaki) Regulations 2006 and Aitutaki Bylaws 2006 Mr. Paul Lynch PowerPoint Presentation as per Appendix 14

Comments and Questions Marae Tekii: need to make distinction between Aronga Mana/Ui Ariki and which one should be in these regs. 1.Suggestion to add Manuae to title of Aitutaki regs. Important to consider impact of regs on Constitution.

Species/Habitats Expand species of crabs to include what island wants e.g tupa, varo etc... Re: Section 7 …have more problems with netting rather than spears. Gerald: important to emphsise use of non destructive/sustainable harvesting to be used. Peter MMR: reference to size …must have consistency in use of measurement; inches, mm or cm? Gerald: 45mm is adequate for coconut crab.

Raui Tinka: Issue of land ownership if landowner doesnt want to participate in raui.

Water John Akavi: Importation of water; need to address during consultations. Consider Waste Management Guidelines for water.

Marine Resources Need to compromise on fumigation of boats in Aitutaki. Shouldn’t this be with Agriculture or Customs? Should not be used as a means to deter visiting yachts. Deal with this issue in Aitutaki consultations. Consider sending visiting yachts/boats 5miles off rather than spraying. Suggestion of provision for emergency cases: Shipping Act provides for this. Prevention of Marine Pollution Act: needs to be reviewed, revised. Section 36: scuba outside 12mile zone. Taking of paua: Aitutaki now into farming paua.

Foreshore Tinka: Enforcement provisions haven’t defined what an officer is in the regs. No definition for minor offence.

Gerald: Re: listing. not all birds are listed. Suggest regs avoid listing

ByLaws Re: Sabbath: suggest Island Council clarifies for visitors sake what they want. Check wording in definitions on Sabbath day. Include activities that may occur during disasters/cleanups.

8

Environment (Atiu) Regulations 2006 and Atiu Bylaws 2006 Mr. Kau Henry jointly with Mitiaro Rep Mr Nooroa Pouao. PowerPoint Presentation as per Appendix 13 PowerPoint Presentation as per Appendix 15

Comments and Questions Atiu: Trina CITA: Concern about impact on visitors re: not allowed to fish within 12miles limit. [Panel response; Intention is to stop them from fishing]. Gerald: need to include invasive species. Will be included in final draft with assistance from Gerald. Peter: Section 32. 3 is the island council the competent authority?. Tekii: Reef walks not conducive to reef conservation. Trina: re alcohol clause; does this apply to restaraunts? Also asked for rationale behind banning Sunday flights: [Panel response: Air Raro need special permit from island council to fly Sundays]. Charlie Red Cross: clarification on tumunu: is it a private place? Tinka: re consultation with landowners, what about absentee landowners? Is there compensation for landowners? Suggest incentives be built into regs should landowners be required to give up right to land. Can include clause re compensation to landowners.

Mitiaro: CITA: Section 13.1 why the restriction on dances between certain times of the year. Tou Ariki: this is an old tradition; during months of Jan 2nd to March, tuatau taakaaka is a time for us to show humility during cyclone season. Belief that such attitude leads to peaceful lifestyle on island; upholding our traditional practices; we wish to maintain this custom. Bobby: re: suggestion for monetary fines to be directed to Island Council to fund their own activities. Tinka: Utunga should go to Island Council. Court costs to Justice. Depends on whether the offender is charged under the Act or under the Bylaw. Toti: invitation to everyone to the mock trial at Court 1 on Friday. Part 5: no dance/entertainment after midnight. What about after hour parties/dancing in private homes? Temaeu Ariki: we have requested that utunga be redirected to Island Council funds. Our 3months taakaaka is in respect of our forefathers who used to observe this period. Re after midnight dance; everyone knows what the penalty is. Compliance on this issue is not a problem in Mitiaro. Gerald: suggestion for a provision to take into consideration other needs such as reintroducing of native birds.

MORNING BREAK

9

Environment (Environment Protection Fund) Regulations 2006 Vaitoti Tupa PowerPoint Presentation as per Appendix 18

Comments and Questions Atiu Mayor Man Unuia: Request provision for caretaker for Suvarrow be extended to Atiu for Takutea. Consideration for coral reef conservation. Request funding for compensation to landowners for use of their land for waste management.

Aitutaki: had problems with landowners regarding management plan for Manuae. Suggestion: continue seeking ways through EPF for management plans to be established for such protected areas as Manuae/Takutea.

Mitiaro: need rubbish bins for Mitiaro. Requesting EPF to assist. Have proposed that $20,000 be budgeted per island under EPF. Need Is Councils to voice their support for this move via their MPs/Ministers to ensure support for this proposal in Cabinet.

Man Unuia: Request for funds to be used for co financing with other funding agencies e.g Canada Fund.

Pasha: Allocation may be affected by drop in number of visitors. How do we cover for shortfall. Board has to decide.

Tekii: Suggestion that EFP be used toward research. We are now beyond protection.

Tinka: Clarified that EPF is for protection of CK environment. Not just for those islands under the Env Act. Departure fees are taken from everyone leaving the country and a lot of them visit the outer islands, there should be equitable sharing of this fund among all of the islands.

Trina: About $450000 raised!! How is this to be spent. Answer beach profile and coral reef monitoring

Strengthening the Role of Aronga Mana in Implementing the Regulations Utia Matata – Koutu Nui Tou Ariki House of Arikik PowerPoint Presentation as per Appendix 17

Comments and Questions

1. Toti NES: Environment Service notes that the Koutu Nui has no legal status in the Cook Islands. It is the view of the ES that there should be a representation of the Koutu Nui as well as the House of Ariki on the various committees. Also the representation of NGos including CIANGo on the various committees.

2. Maria, OPM: Could a flow chart of where all these bodies [customary tribunals] and where the different government agencies are established.

10

3. Aitutaki: Question to the House of Ariki. There are four Arikis on Aitutaki and there is only one representative in the House of Ariki. Need to return to the Maori way of doing things Need to have a House of Ariki and Koutu Nui and Poara in Aitutaki

4. Congratulates the House of Ariki on the presentation. Suggestion that if possible to lift the Raui for food for the families and for other functions. Environment gave examples where this has been lifted on Rarotonga.

The second point is the role of JPs and that areas of concern relating to certain villages should be dealt with by JPs of that area.

5. Need to help to strengthen the role of Aronga Mana to implement the customary role. Suggestion that JPs could be used for training. Purpose of this proposal is to strengthen role of the Aronga Mana in environmental management, therefore the functions are different from current judicial practices derived from English law.

Training Needs/Follow-up TA, Mr. David Kerrison PowerPoint Presentation as per Appendix 19 What capacity needs for implementing environment management: Talking Points: Communication Information ..knowledge Resources …finance, people Motivation … Effective management [refer to ppt pres]

Comments and Questions

Imogen: Agree to use of real people in communications. How do we address difficulties in enforcement and compliance. Key is better or more organised information. Recommend friendly user guides for the officials who apply them and for the public; in both Maori and English. Need specialized talents for this type of work [branding]. Need truthful information; informal meetings between ministries and the media. Information is the key to compliance issues. Encourage open door policy.

Proposed Water Resource Management Bill: Mr Keu Mataroa PowerPoint Presentation as per Appendix 16

Proposed Bill is for whole of CK. So far, we have a fragmented approach to water management. Water Ordinance has no teeth. First effort was draft Water Authority 2003. In past, prosecutions done under different Acts because we didn’t have mandate. Outlined contents of proposed legislation

11 Comments and Questions Takitumu Mayor: Draft needs to be revised again and at what stage will this be taken to the Govt to get consent from the landowners and the public generally. Discussion of the process includes. First step is to go through Act clause by clause with the Water Division Second; develop public consultation strategy before taking to the public for review.

Tinka: Act should be restricted to Rarotonga only. Role of MOW in outer islands come under OMIA. Outer islands have own tanks; different situation; must be careful in application of law where there is communal water tanks. Maybe there should be some limits/ or distinction between private water [tanks] and public. Clause 20: seems to be a private element in regards to the Trust which conflicts with the constitution and equal rights. I have concern with its application nationally.

There are a number of issues that needs discussion with stakeholders. Not intended to regulate water when in tank unless owned by govt. when talking about rights of water, were talking about what belongs to everyone e.g natural waters, streams, underground waters. There needs to be consultations, to fine tune the document. Some of these islands don’t have large resources of water so need to know how we can manage the resource better. Private trust issue is a trend in other countries , useful for outer islands where there is no clear management of water.

Issue of construction of water galleries in Aitutaki contradicts the proposed Act. How to intervene?

Ian: Issue of charging for water use. Re: water meters installed some time back; Rapanui monitoring its water usage, why are we not doing same? Observation: tourist accommodations use water much more than local households. When water pressure drops tourist places pump water for their use but locals suffer. Water use in these private businesses should be monitored.

Ben: No mandate to control/monitor private businesses use of water. Governance issue: when Water division block water main [from abuse] Minister can override decision. Need to get this quickly through consultation process so controls can be put in place.

Charlie: in Arorangi; hotels in the area building water tanks underground; also have over the ground catchments. Support need for legal framework. If user pay needed, charge commercial rate higher for business sector [particular emphasis on tourist accommodation] than ordinary household.

Minister: Basic human need; full support for Bill. Suggest adoption of this framework for the outer islands. Shouldn’t have to wait for Rarotonga to finish its consultations. If not able to pass this under MOW, can be slotted as regs under the Env Act? Advise Mayors to start introducing the Bill to their respective islands.

Tiki Matapo: Referred to Te Maire Nui Gardens in Titikaveka: [apparently has enough groundwater for the next 50years according to a study] What is the impact of that kind of project on the national network?

12

Ben: problem with extracting from underground is saltwater intrusion. Mindful of Texas experience where a whole town is closed indefinitely due to contamination of ground water supply. We don’t know how much we can extract and still maintain quality underground water sources. Purpose is to empower Water Division to create inventory, establish the carrying capacity of water resources to ensure there is perpetual use of this resource in future.

Tom Wichman: Water running into the sea; how can we conserve? Ben: Need power to control. Problems are complex: need approx $30m to fix problems with water on Rarotonga alone; e.g People not fixing leakages.

Tom: What about reservoir in Muriavai, Arorangi.

It didn’t work so was abandoned. Referred to Tahiti Faaa example.

Teresa: Concern that imposition of higher charge for business sector will be passed on to the consumer [in the case of shops]. Suggest investigating use of Ocean Transfer Energy Technology as an alternative.

Keu: re water works in the outer islands are done in partnership with OMIA as we don’t have the mandate to carry out work in the outer islands. Ben has been requesting $186,000 to do outer islands assessment.

BREAK OUT SESSION: Collecting training needs under each of the regs/legislations: Notes with David.

ADB (Edy): Happy with outcomes of the 2 day workshop. Vote of thanks to everyone for participation and achieving the outputs of workshop. Noted this was at the start of the work and this will be a significant contribution to the country, and sustain economic growth of the country.

George: all work would not have been possible without staff of NES and the technical team, including outer islands environment officers.

Credit to all NES division staff for support to the project/workshop.

Minister: happy with outcomes and the work of the ADB team. We shouldn’t shy from being helpful towards each other. Last workshop we realized we had problems, now we have the legal framework to start the action. Very important step we have taken. Hope we will get the okay, not excuses to put these into legislation. Must not forget, we can set directions on what should be said and done but trust in the will of God is what makes things happen. Look forward to seeing these proposed regs and legislations before Cabinet. Thanks to ADB, NES and participants.

Workshop officially closed (4.30 pm).

13 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 10

TA RESULTS BASED FRAMEWORK

1

TA 4273-COO: LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT

TECHNICAL ASSISTANCE FRAMEWORK

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks Goal

Improved environmental Cook Islands environment National and island quality in the Cook attracting tourists seeking statistics Islands an island paradise Government, non- Improved water, solid waste government management and coastal organization zone development (NGO), and other stakeholders’ reports Purpose

Develop effective Implementing regulations Advise from Crown Strong ownership regulations and and bylaws drafted and Law of the Environment institutional reforms to submitted to the Executive Act and a implement Environment Council by September 2006 Technical assistance willingness to Act 2003 (8th month) – (TA) review missions apply its and tripartite meetings provisions in the Priority Regulations developed outer islands and submitted to Crown Law in Progress reports and Strong ownership of 2005. Request received from other consultants’ environmental Executing Agency that all reports regulations and regulations be sent for Bylaws and promulgation at same time to TA completion report willingness to ensure consistency, adequate implement in the cross-referencing, and efficient Outer Islands input from Crown Law. demonstrated during Subsequently, following outer islands regulations and Bylaws consultations and developed, finalized through national workshops. broad-based consultation and Sent to Crown Law at end of Active, Project. (month 18): knowledgeable REGULATIONS members • Environment (Atiu) appointed to the Regulations 2006 island environment • Environment (Aitutaki) councils. Regulations 2006 • Environment (Biodiversity Conservation) Regulations 2006 • Environment (Environment Protection Fund) Regulations 2006 • Environment (Mitiaro) Regulations 2006 • Environment (Permits and Consents) Regulations 2

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks 2006 • Environment (Suwarrow National Park) Regulations 2006 • Environment (Takuvaine Water Catchment) Regulations 2006 • Environment (Waste Licensing) Regulations 2006 • Public Health (Sewage) Regulations 2006

BYLAWS • Atiu Bylaws 2006 • Aitutaki Bylaws 2006 • Mitiaro Bylaws 2006

An institutional strengthening plan for the expanded Environment Service and the island environment councils being implemented by April 2006 (15th month).

Institutional strengthening plan (Volume 4 – Capacity and Awareness) developed and presented at final national workshop.

Outputs

1. A report presenting a 1. Review of related TA review missions Effective comprehensive review of legislation by April 2005 (3rd and tripartite review cooperation and sectoral legislation that month) – meetings access to needs to be revised to necessary ensure overall Review completed (March Progress reports and information and coherence, including 2005) and outcome presented other consultants’ parliamentary recommendations for at First National Consultative reports drafting expertise their improvement and Workshop (July 2005) – See by the Government amendment Volume 1: Review of Legal Government gazette and other agencies and Institutional (Completed – Frameworks. Reviewed and Effective Comprehensive review revised through subsequent ownership and presented in Volume 1 – consultations. commitment by the Review of Legal and Government to the Institutional proposed Frameworks) regulations and institutional reform

3

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks Effective consultation with stakeholders

2. A core system of Crown Law Office working environmental on urgently needed changes regulations, bylaws, related to laws by January monitoring and 2006 (12th month). compliance procedures for effective Development of priority laws environmental approved during First National management, and Workshop. Following priority institutional coordination in laws (and framework for implementing priority laws) developed and Environmental Act 2003 presented to Final National Workshop: (Completed – Core system • Water Resource of regulations and Bylaws, Management Bill 2006 including monitoring and • Framework for a compliance procedures Biodiversity Prospecting and framework for Bill institutional coordination • Framework for a Trade in included in Volume 3 – Endangered Species Bill Legislation, Regulations, • Framework for a Ozone Bylaws) Depleting Substances Bill • Framework for a Hazardous Substances and Foreign Organisms Bill

Key changes enacted by April 2006 (15th month)

Final National Workshop recommends that further consultations be undertaken in order to finalize the above proposed laws. Priority regulations or bylaws identified by April 2005 (3rd month) –

Priority Regulations identified (March 2005) and draft Regulations presented at First National Consultative Workshop (July 2005) – See Volume 3 (DRAFT) : Proposed Regulatory Framework

4

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks

Draft regulations submitted to Crown Law Office by September 2005 (8th month)

Following draft Regulations submitted to Crown Law (September 2005) ƒ Environment (Environment Protection Fund) Regulations 2005; ƒ Environment (Permits and Consents) Regulations 2005; ƒ Environment (Waste Licensing) Regulations 2005; ƒ Public Health (Sewage) Regulations 2006. Final version of Environment (Environment Protection Fund) Regulations 2005, and Environment (Permits and Consents) Regulations 2005 submitted to Crown Law in October 2005. Request received from Crown Law that all regulations be sent for promulgation at same time. Subsequently, following regulations and Bylaws developed, finalized through broad-based consultation and Sent to Crown Law at end of Project. (month 18): REGULATIONS • Environment (Atiu) Regulations 2006 • Environment (Aitutaki) Regulations 2006 • Environment (Biodiversity Conservation) Regulations 2006 • Environment (Environment Protection Fund) Regulations 2006 • Environment (Mitiaro) Regulations 2006 • Environment (Permits and Consents) Regulations 2006 • Environment (Suwarrow National Park) Regulations

5

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks 2006 • Environment (Takuvaine Water Catchment) Regulations 2006 • Environment (Waste Licensing) Regulations 2006 • Public Health (Sewage) Regulations 2006

BYLAWS • Atiu Bylaws 2006 • Aitutaki Bylaws 2006 • Mitiaro Bylaws 2006

Regulations and bylaws approved by Executive Council by January 2006 (12th month)

To be submitted to Executive Council in June/July 2006

3. New and revised 3. Operational guidelines for operational guidelines, the Environment Service, working procedures, and island environment detailed institutional councils, environmental mechanisms applicable forum, and environment to the National protection fund drafted by Environment Service February 2006 – (NES) or Tu’anga Taporoporo, the Island Environment Service and Environment Authority Outer Islands Environment and other agencies Authorities operational involved in guidelines established in implementing the following draft Regulations: environmental ƒ Environment (Environment legislation Protection Fund) Regulations 2005; New and revised ƒ Environment (Permits and operational guidelines, Consents) Regulations working procedures, and 2005; detailed institutional ƒ Environment (Aitutaki) mechanisms applicable to Regulations 2006; the National Environment ƒ Environment (Atiu) Service (NES) included as Regulations 2006; part o f the following ƒ Environment (Mitiaro) regulations: Regulations 2006. ƒ Environment Additionally, following (Environment handbooks prepared: Protection Fund) • Enforcement Regulations 2006; 6

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks ƒ Environment (Permits Handbook; and Consents) • Handbook on Multi- Regulations 2006; lateral Environmental ƒ Environment (Waste Agreements; Licensing) Regulations • Permits ad Approvals 20065; Handbook. ƒ Public Health (Sewage) Regulations 2006.

4. An implementation 4. Implementation action action plan for effective plan discussed, finalized, follow up of the and endorsed at a national legislative and workshop in February 2006 institutional reforms in (13th month). accordance with stakeholders consensus Finalized in June 2006 and presented at Final National (Completed – See Volume Workshop – See Volume 4 – 1 – Review of Legal and Capacity and Awareness. Institutional Frameworks)

5. Improved interagency 5. Interagency and and institutional institutional coordination for coordination for effective environmental effective management improved by environmental April 2006. management (including Ongoing – Legal basis for recommended improved interagency and institutional institutional coordination coordination among established in following the agencies) Regulations and proposed laws: (Improved inter-agency and REGULATIONS institutional coordination for • Environment (Atiu) effective environmental Regulations 2006 management provided • Environment (Aitutaki) through provisions in the Regulations 2006 following regulations and • Environment (Biodiversity proposed legislation: Conservation) Regulations REGULATIONS 2006 • Environment (Atiu) • Environment (Environment Regulations 2006 Protection Fund) • Environment (Aitutaki) Regulations 2006 Regulations 2006 • Environment (Mitiaro) • Environment Regulations 2006 (Biodiversity • Environment (Permits and Conservation) Consents) Regulations Regulations 2006 2006 • Environment • Environment (Suwarrow 7

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks (Environment National Park) Regulations Protection Fund) 2006 Regulations 2006 • Environment (Takuvaine • Environment (Mitiaro) Water Catchment) Regulations 2006 Regulations 2006 • Environment (Permits • Environment (Waste and Consents) Licensing) Regulations Regulations 2006 2006 • Environment • Public Health (Sewage) (Suwarrow National Regulations 2006 Park) Regulations PROPOSED LEGISLATION 2006 • Water Resource • Environment Management Bill 2006 (Takuvaine Water • Framework for a Catchment) Biodiversity Prospecting Regulations 2006 Bill • Environment (Waste • Framework for a Trade in Licensing) Regulations Endangered Species Bill 2006 • Framework for a Ozone • Public Health Depleting Substances Bill (Sewage) Regulations • Framework for a 2006 Hazardous Substances PROPOSED and Foreign Organisms Bill LEGISLATION • Water Resource Management Bill 2006 • Framework for a Biodiversity Prospecting Bill • Framework for a Trade in Endangered Species Bill • Framework for a Ozone Depleting Substances Bill • Framework for a Hazardous Substances and Foreign Organisms Bill

6. Improved capacity of 6. Capacity of stakeholders stakeholders including improved by February 2006 th officials of government (13 month) – agencies or permitting authorities, Meaningful participation of communities, and non- stakeholders in variety of government awareness and training organizations (NGOs) to programs (see below), and in contribute in the overall the development and drafting legislative process of proposed laws, regulations and Bylaws. 8

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks (Achieved – see note on training programs – Performance Targets 7)

7. A training program 7. Draft training program for environmental prepared by January 2006 management consisting (for discussion at the of training modules for a national workshop) and multiphase capacity finalized by March 2006 – building program for Ongoing training on legal both central government drafting and International and outer islands Conventions provided to environment staff National Environment Service Counterpart staff (June – (Completed – See Volume November 2005 and April to 4 – Capacity and June 2006). Enforcement Awareness) training (mock trial) provided to NES and Outer Islands environment authorities and staff in April to June 2006. Training to Island councils, outer Islands environment authorities and staff on Public Health (Sewage) regulations 2006, and Environment (Permits and Consents) Regulations 2006, and on enforcement under the Environment Act 2003 provided in April to June 2006. Training program on new Public Health (Sewage) Regulations 2006 provided to inspectors, plumbers, engineers in June 2006.

9

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks Activities

1. Review existing and Start: month 1 TA review missions draft sectoral legislation Complete: month 3 and tripartite review that have environmental Responsible: TA meetings implications to identify consultants team (main: and recommend team leader) Progress reports and appropriate amendments other consultants’ and revisions Review completed (March reports 2005) and outcome presented Completed – see Volume at First National Consultative Minutes of national 1: Review of Legal and Workshop (July 2005) – See workshops and Institutional Frameworks Volume 1: Review of Legal steering committee and Institutional meetings Frameworks Government gazette and Cabinet minutes

2. After identifying and Start: month 4 selecting priority areas Complete: month 8 requiring regulations, Responsible: TA prepare a core system of consultants team (main: regulations, bylaws, team leader/legal draftsman) monitoring and compliance procedures Priority Regulations identified (March 2005) and draft (Completed – See Volume Regulations presented at First 3 – Legislation, National Consultative Regulations, Bylaws) Workshop (July 2005) – See Volume 3 (DRAFT): Proposed Regulatory Framework

3. Prepare a set of new Start: month 5 and revise existing Complete: month 8 operational guidelines, Responsible: TA working procedures and consultants team (main: institutional team leader and legal mechanisms for draftsman). effective implementation of environmental Environment Service and legislation Outer Islands Environment Authorities operational Completed - new and guidelines established in revise existing operational following Regulations: guidelines, working ƒ Environment (Environment procedures and Protection Fund) institutional mechanisms Regulations 2006; for effective ƒ Environment (Permits and implementation of Consents) Regulations environmental legislation 2006; 10

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks established in following ƒ Environment (Aitutaki) Regulations and proposed Regulations 2006; legislation: ƒ Environment (Atiu) REGULATIONS Regulations 2006; • Environment (Atiu) ƒ Environment (Mitiaro) Regulations 2006 Regulations 2006.

• Environment

(Aitutaki) Regulations 2006 • Environment (Biodiversity Conservation) Regulations 2006 • Environment (Environment

Protection Fund)

Regulations 2006 • Environment (Mitiaro) Regulations 2006 • Environment (Permits and Consents) Regulations 2006

• Environment (Suwarrow National Park) Regulations 2006 • Environment (Takuvaine Water Catchment) Regulations 2006

• Environment (Waste Licensing) Regulations 2006 • Public Health (Sewage) Regulations 2006 PROPOSED LEGISLATION • Water Resource Management Bill 2006

• Framework for a

Biodiversity

Prospecting Bill

• Framework for a Trade

in Endangered

Species Bill

• Framework for a 11

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks Ozone Depleting Substances Bill • Framework for a Hazardous Substances and Foreign Organisms Bill :

4. Prepare an action Start: month 12 plan for the follow-up on Complete: month 13 TA findings and outputs Responsible: TA consultants team (main: (Completed – See Volume team leader) 4 – Capacity and Awareness) (Completed - See Volume 4 – Capacity and Awareness)

5. Conduct two national Holding of workshops: workshops: (i) an month 1 and month 13 inception workshop at Responsible: TA the start of TA consultants team (main: implementation, and (ii) team leader, training and a final national community participation workshop to present specialist) findings and agree on the implementation First National Consultative action plan Workshop convened 7-8th July 2005. Final National Consultative Workshop convened 6th and 7th June 2006.

6. Prepare training Start: month 12 modules and education Complete: month 13 materials Responsible: training specialist

Ongoing training on legal drafting and International Conventions provided to National Environment Service Counterpart staff (June – November 2005). Formal training programs presented in April – June 2006. Ongoing training on legal drafting and International Conventions provided to National Environment Service Counterpart staff (June – November 2005 and April to 12

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks June 2006). Enforcement training (mock trial) provided to NES and Outer Islands environment authorities and staff in April to June 2006. Training to Island councils, outer Islands environment authorities and staff on Public Health (Sewage) regulations 2006, and Environment (Permits and Consents) Regulations 2006, and on enforcement under the Environment Act 2003 provided in April to June 2006. Training program on new Public Health (Sewage) Regulations 2006 provided to inspectors, plumbers, engineers in June 2006.

Inputs

Asian Development TA review missions Timely contracting Bank (target: $350,000) and tripartite review of competent meetings consultants International consulting services (target: 2 Progress reports and international experts for other consultants’ 8 person-months, 3 reports domestic consultants for 15 person-months, and 1 Minutes of national legal adviser for 6 workshops and person-month): steering committee meetings. • 7 person-months, law ƒ 7 person months drafting expert/legal- Government gazette cum-institution and Cabinet minutes specialist (international) • 1 person-month, ƒ 1 person month environmental training specialist (international) • 15 person months, ƒ 15 person months domestic consultants including an expert in green sector issues, an expert in brown sector issues, and a social development specialist • 6 person-month, legal ƒ 6 person months 13

Design Summary Performance Monitoring Assumptions Indicators/Targets Mechanisms and Risks adviser (domestic)

Government of the Cook Islands (target: $90,000 equivalent):

• Counterpart staff • Office space, supplies, information materials

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 11

CONCEPT PAPER FOR FOLLOW-ON TA

Concept Paper CAPACITY BUILDING FOR IMPROVED ENVIRONMENTAL MANAGEMENT OF FRESHWATER RESOURCES AND COASTAL AREAS, COOK ISLANDS

Concept Paper

Date: 8TH June 2006

1. Type/modality of assistance (double-click on appropriate box) Lending Project loan Program loan Sector loan Sector development program loan Other: Nonlending Project preparatory Other than project preparatory Economic, thematic, and sector work Institutional development Other:

2. Assistance Focus a. If assistance focuses on a particular sector or subsector, specify the Sector: Water Supply, Coastal Management. Subsector: Environmental Management b. For project preparatory and lending, classification Targeted Intervention General intervention c. Key thematic area(s) Sustainable Economic Growth Governance YES Inclusive Social Development Regional Cooperation Gender and Development Private Sector Development Environmental Sustainability Capacity Development Other:

3. Coverage Country Subregional Interregional Internal policy development

4. Responsible division/department: PAHQ, PARD

5. Responsible ADB officer(s):

6. Description of assistance(s) a. Background/linkage to country/regional strategy:

Technical Assistance (TA) No. 4273-COO “Legal and Institutional Strengthening of Environmental Management for the Cook Islands” (implemented from January 2005 to June 2006) has been successful. The TA has been instrumental in improving the legal and institutional framework for environmental management in the Cook islands. The TA was designed as a capacity building activity to develop priority regulations and Bylaws to implement the Environment Act 2003, and develop the necessary framework for improved inter-agency and institutional cooperation necessary for the sustainable management of fragile ecosystems including coastal wasters. By the end of the TA implementation, seven major TA outcomes had been achieved in conjunction with key stakeholders in Cook Islands. The key TA outcomes include: (i) the preparation of a report presenting a comprehensive review of sectoral legislation that needs to be revised to ensure overall coherence, including recommendations for their improvement and amendment; (ii) the development of a core system of environmental regulations, bylaws, monitoring and compliance procedures for effective environmental management, and institutional

1 coordination in implementing Environmental Act 2003; (iii) the establishment of new and revised operational guidelines, working procedures, and detailed institutional mechanisms applicable to the National Environment Service (NES) or Tu’anga Taporoporo, the Island Environment Authority and other agencies involved in implementing the environmental legislation; (iv) the formulation of an implementation action plan for effective follow up of the legislative and institutional reforms in accordance with stakeholders consensus; (v) improved interagency and institutional coordination for effective environmental management (including recommended institutional coordination among the agencies); (vi) improved capacity of stakeholders including officials of government agencies or permitting authorities, communities, and non-government organizations (NGOs) to contribute in the overall legislative process; and (vii) presentation of a training program for environmental management consisting of training modules for a multiphase capacity building program for both central government and outer islands environment staff. The TA was also able to(a) initiate the preparation of much needed Water Resources Management legislation; and (b) establish new and improved mechanisms for empowering traditional customary practices as a measure to protect vulnerable coastal and inland waters.

During the final National Consultative Workshop, the Minister for the Environment committed to the rapid enactment of priority regulations and Bylaws developed under the TA. As a result, a Cabinet paper was prepared and on ?? June 2006, Cabinet endorsed the enactment of the regulations and Bylaws developed under the TA, and indicated that proposed new laws developed under the TA (including the Water Resources Management Bill) should be finalized through the broadest possible consultation as a matter of urgency. The above endorsement by Cabinet is significant in that it provides a clear policy setting in which improved water resource management can now be introduced and implemented in the Cook Islands to provide for improved management of water resources and coastal areas that are currently under stress. Thus, a framework is now in place to allow stakeholders to move ahead with the establishment of effective framework for the protection of vulnerable coastal and inland waters.

At the final TA Tripartite meeting, the Minister and the Director of the National Environment Service (NES) on behalf of Government requested ADB for support in implementing an effective framework for the protection of vulnerable coastal and inland waters. The Minister and the Director advised that the Government was committed to the establishment of such a framework, but was constrained by the lack of capacity to provide for an orderly and progressive development of the necessary laws, institutions and structures for improved water and coastal resource management. The concept that such a framework could be established in part through the empowerment of traditional customary practices as a measure to protect vulnerable coastal and inland waters requires support for the necessary capacity development. Aside from that, the Government has limited resources and has recognized this as a major constraint and therefore the need for external assistance that would be critical for the system established and embedded in terms of institutions, policy and legislation.

b. Goal and purpose:

The goal of the TA is to assist in achieving sustainable economic growth in Cook Islands through the sound management of vulnerable coastal and freshwater resources. The purpose of the TA is to facilitate implementation of a coastal and water resource management framework that will apply to all the islands of the Cook Islands, thereby ensuring universal access to clean coastal and fresh waters upon which future development – including social and tourism development – relies. This TA will establish the framework to balance the competing needs of resources users, including housing, industry, business and tourism users, whilst protecting the unique environmental integrity of the coastal and freshwater resources of the islands which are under threat from, amongst other matters, human development and climate change impacts. The TA will assist in putting in place the key elements of the framework, including the legal, policy ad institutional framework, the necessary information systems, and strengthen the capacity of key stakeholders. The TA will provide direct support to the ADB loan TA 4605-COO “Strengthening Disaster Management ad Mitigation. Component 2: Prevention Infrastructure Master Plan”.

c. Components and outputs:

• Component 1: Establishment of the Legal, Institutional and Policy Framework for Improved Water Resources Management. This component would build upon the work on the development of the Proposed Water Resource Development Bill as developed under TA 4273-COO and the GEF-funded International Waters Program (IWP) of the Cook Islands. This particular work has been highly recommended for the last ten years as a need to achieve Cook Islands goals for sustainable development especially in economic and social security. Cook Islands is requesting for outside support to advance this work as the costs for legal drafting and undertaking a broad-based consultative process is very high taking into account the geographically scattered nature of the islands. Additionally, the TA would assist in; (i) the establishment of the necessary institutional and policy framework for the management of water resources; and (ii) the development of other laws that may impact upon the sound and sustainable use of coastal and freshwater resources including laws for the management of hazardous substances. • Component 2: Information for Improved Fresh and Coastal Water Management. One of the priority capacity 2

issues identified during the TA is the need to undertake a national State of the Environment Report (SOE) Report that will underpin further work in environmental management in vulnerable freshwater ad coastal areas. It is a national and a developmental concern that the carrying or coping capacity of these resources of any of the given islands, have not been determined at all. The last SOE for the Cook Islands was completed in 1993, but even that was not comprehensive enough in light of new emerging issues. There is an urgent need to undertake this kind of study that will include critical studies on water resource and the coastal capability. Additionally, the TA will assist in the design of an inventory of surface and underground freshwater supplies that will, amongst other issues, identify risks to such resources from climate change. • Component 3: Capacity Development for Improved Fresh and Coastal Water Management. As follow-up to the previous TA, trainings and capacity development at all levels (individual, institutional and systemic) will be undertaken to effectively implement the framework for improved freshwater and coastal area management. It has often been the concern expressed by any small islands with very limited capacity and know-how, that TAs are readily available to undertake the development of certain instruments to assist but training or the maintenance of such efforts are left at the mercy of the national budget. Legal measures in terms of environment management are a new concept to many cultures, particularly where land tenure is still customary, therefore it cannot be expected that capacity exists to implement these legal measures. Capacity development needs for the Cook Islands are identified through the existing TA, and it is important that these are addressed concurrently with the implementation of the legal, institutional and information framework for improved management of fresh and coastal waters. Under this component, a broad range of capacity development activities will be undertaken, including measures to empower the broader use of traditional customary practices as a measure to protect vulnerable coastal and inland waters.

d. Expected results and deliverables:

The key outputs of the TA will be: (i) a broad-based consultation program leading to the enactment of the Water Resources Management Act; (ii) the establishment of the institutional and operation framework for the newly established Ministry of Water Resources; (iii) a State of the Environment Report which focuses, amongst other matters, on fresh and coastal waters; (iii) an inventory of freshwater resources in the Cook Islands; (iv) a training program to strengthen the capacity of key stakeholders involved with fresh and coastal water management, including counterpart training and manuals; (v) the enactment of other legislation necessary for the sound and sustainable protection, management and conservation of vulnerable fresh and coastal waters; (vi) establishment of standards for the protection of fresh and coastal waters.

e. Social or environmental issues or concerns:

The proposed TA aims to : (i) address impediments to the sound and sustainable use of vulnerable fresh and coastal waters; (ii) help government to establish the necessary legal, institutional and information framework for water resource management. There is an urgent need to address water rights and water usage, while establishing a user pay system that will ensure the equitable sharing of scarce resources. The broader use of traditional customary practices for fresh and coastal water management will greatly facilitate acceptance of a balanced management framework.

f. Plans for disseminating results/deliverables:

Information and lesson learned from the establishment of the legal, institutional and information framework for improved fresh and coastal waters management will be disseminated amongst other Pacific countries at various regional and international meetings on water resource management and the implementation of the Millenium Development Goals, the Pacific Plan, and the Barbados Program of Action on the Sustainable Development of Small Island Developing Sates. . For TA, method(s) of TA output dissemination: A conference/workshop Publication of article(s) in external journals or books External press release to news agencies, including www.adb.org Internal press release in ADB Today Others (specify): (see above)

7. Proposed executing/implementing agencies: As the previous (Phase I) TA, the executing agency of the TA will be the Ministry of Finance and Economic Management (MFEM). The implementing agency will be the National Environment Service (NES), Crown Law, and the Ministry of Works.

8. Nature/extent of government/beneficiary involvement in identifying or conceptualizing the assistance: 3

All relevant agencies and beneficiaries that have been involved in the previous TA will also be involved in the implementation of this TA, particularly the Ministry of Works, the Outer islands, the House of Ariki, the Koutu Nui, and various NGOs. Other ministries and stakeholders will also be involved.

9. Timetable for assistance design, processing, and implementation a. Year included in CSP, CSP update, SCSP, SCSP update, or interregional work plan: 2007 b. Expected date of submission for approval Lending: Nonlending (project preparatory): Nonlending (other than project preparatory): February 2007

c. Period and duration of assistance Lending: Nonlending: April 2007 to December 2008

10. Financing Plan a. For lending Ordinary capital resources: $ Asian Development Fund: $ Other: $ If cofinancing is required, indicate amount and sources sought: $____, from ______. If known, provide cost estimates and financing arrangements. Source Amount ($) ADB Financing Government Financing Other Financing Total Cost Source: b. For nonlending No resources required, other than ADB staff ADB's administrative budget: $ Grant TA funds Other: If cofinancing is required, indicate amount and sources sought: $____, from ______. If known, provide cost estimates and financing arrangements.

Source Amount ($) ADB Financing 250,000.00 Government Financing 65,000.00 Other Financing -

Total Cost 315,000.00 (see Appendix 1) Source:

ADB = Asian Development Bank, CSP = country strategy and program, SCSP = subregional cooperation strategy and program, TA = technical assistance.

4

Appendix 1

COST ESTIMATES AND FINANCING PLAN ($)

Foreign Local Total Item Exchange Currency Cost A. Asian Development Bank Financinga 1. Consultants a. Remuneration and Per Diem i. International Consultants (6pm) 120,000.0 0.0 120,000.0 ii. Domestic Consultants (3 pm) 0.0 15,000.0 15,000.0 b. International and Local Travel 28,000.0 0.0 28,000.0 c. Reports and Communications 10,000.0 13,000.0 23,000.0 2. Equipment 3,000.0 0.0 3,000.0 3. Training and Workshops 18,000.0 3,000.0 21,000.0 4. Surveys 10,000.0 0.0 10,000.0 5. Miscellaneous Administration and 0.0 5,000.0 5,000.0 Support Costs 6. Contingencies 25,000.0 0.0 25,000.0 Subtotal (A) 214,000.0 36,000.0 250,000.0

B. Government Financing 1. Office Accommodation and Transport 0.0 25,000.0 25,000.0 2. Remuneration and Per Diem 0.0 36,000.0 36,000.0 of Counterpart Staff 3. Others 0.0 4,000.0 4,000.0 Subtotal (B) 0.0 65,000.0 65,000.0 Total 214,000.0 101,000.0 315,000.0

5 LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS (ADB TA 4273-COO) – FINAL REPORT

APPENDIX 12

REPORT OF FINAL TRI-PARTITE MEETING

APPENDIX 12

MINUTES OF FINAL TRI-PARTITE MEETING

LEGAL AND INSTITUTIONAL STRENGTHENING OF ENVIRONMENTAL MANAGEMENT IN THE COOK ISLANDS – ADB TA 4273-COO

Thursday 8 June 2006

PRESENT Chair – Janet Maki Crown Law, Vaitoti Tupa, Director, Tania Temata, Paul Lynch National Environment Service, George de Romilly, ADB TA Team Leader, Edy Brotoisworo, ADB Task Manager, Kevin Carr Ministry of Finance and Economic Management, Teresa Manarangi-Trott, Brown Sector Specialist and Secretariat,

Prayer: Paul Lynch

Welcome and opening remarks from Chair

1. Remarks by Edy Brotoisworo (ADB Senior Safeguards Specialist) During the last few days there has been some discussion in the consultative workshop on the outcomes of the TA. In my view the outcomes have been achieved significantly as can be seen from the legislation drafts in the folder. Glad that this has been prepared by the stakeholders and the consultants helped to put this in order. Both in Aitutaki and in Rarotonga this will ensure strong ownership for this TA ADB would like to know what Government will do after this TA and what are the next steps for Govt. Thank Kevin and Janet and NEW for the support that they have given to the TA.

2. Progress Report on ADB TA 4273-COO – George de Romilly, ADB TA Team Leader – a. Encouraging reports about the results of the TA received from both the stakeholders on Rarotonga and the outer islands b. Last two missions have finalised the following laws and regulations that were prioritised at first national workshop c. Improved capacity demonstrated by National Environment Service taking the lead in developing new laws (e.g. Biodiversity Regulations and frameworks for international conventions) d. Training sessions with Environment Service and Crown Law staff i. Framework for Environmental Agreements training to implement international conventions (include CITES, Montreal Protocol on Substances that Deplete the Ozone Layer, conventions on hazardous substances, and on GMO’s) ; ii. Enforcement training undertaken involving mock trial – with support provided by Crown Law; iii. Enforcement training for Outer Islands. e. Need for a comprehensive legislation for water. This was undertaken with the assistance of the Water Department of the Ministry of Works. Meeting with Water Dept on Sunday to work thru each area clause by clause. Noted that there is still to be extensive consultation. e. Once consultations are completed with Aitutaki the Crown Law Office will receive a full complement of laws and regulations – by end of June 2006. f. Regulations will require Cabinet endorsement and then to Executive Council.

Suwarrow Regulation was taken from the Draft Bill by John McFadzien. Process under the Act was for populated islands and therefore Suwarrow could be included under the Act. Need to be an Order to declare Suwarrow under the Environment Act. The NES to prepare the Order to pass the regulation.

Final part is training. Mock trial with Crown Law tomorrow and the outcomes will be seen tomorrow. There will also be three handbooks ƒ Enforcement Handbook ƒ Review of Institutional Laws as well as summary of Laws as an appendix ƒ Institutional Profiles ƒ International Conventions Handbook ƒ Volume 4 – Training Needs Evaluation – Capacity and Awareness

Both electronic and hardcopies will be provided at the end of the project. Project will not formally finish until the completion of the Sewage training component to be held with Public Health and NZAid at the end of June

Discussion ADB - What is the difference between Bylaw and Regulations? . There is little difference between the two except for the penalties that can be imposed. Bylaws for outer islands are dealing with the island issues and the management of society whereas the regulations are dealing with the Environment. Also there are the penalty issues that need to be less in the outer islands.

3. Commentary on achievements from the Project – Vaitoti Tupa, National Environment Service

Thanked ADB for providing the grant for the TA. The consultants have done an excellent job in completing the TA and regulations so far. We have had the opportunity to assist both the Ministry of Health and the Ministry of Works. We are glad to be working with the Water Division to assist them to put something in place.

There are lots of grey areas in the outer islands bylaws. This project has been able to achieve new and appropriate regulations and an improvement of the bylaws on the three islands that are under the Environment Act.

Also through the project the NES is able to have a legal advisor.

NES has benefited greatly from this project which includes training of the staff.

Thank George (Team Leader) for a job well done.

Tania Temata TA has met objectives of the TA. Pleasure working with George at the Environment Service and it has a been a huge learning curve.

How will government take the outcomes of the TA and how it will be implemented? The issue of sustainability after the TA 1. Paul Lynch as a Legal Advisor – he can address the process of enactment 2. One issue is the continuous training of officers particularly in the outer islands in the implementation of the by laws. (e.g. alternative dispute resolution and train those that have been empowered to deliver their powers). 3. Environment Act came in Nov 2003 and training has only just now been undertaken. There is a lack of implementation because there is a lack of training. 4. Throughout the TA we have been trying to keep the information as simple as possible. 5. Positive outputs are that all players are coming together to work together and other departments have come along to find out what can be done. (e.g. draft water bill was funded by the International Waters project). Marine Resources has also shown interest in the way in which NES have done the work. 6. Throughout the TA is the TA does not cover work in the outer island adequately in order to carry out more training. Cost of getting to the outer islands is very high and this was not included in the TA. 7. One benefit to come out of this is that outer islands is being cared about and that workshops are taking palace in the outer islands.

Paul Lynch 8. Congratulate ADB for George as Team Leader because this has been a successful outcome because the team leader believed in the project. Working long hours on this project 9. Work started under TA is only 25% complete. Must get satisfaction at political level and move to the community level. 10. International Waters Project has taken a big step. Water is now a protected resource and this will be a model for water catchments around the island.

ADB: How will Government support ongoing work from the project? ƒ Two year plan of action with the best estimates will be in Volume 4 ƒ Some instances there is limited capacity ƒ Some activities will not need funding or can be supported through national budget for NES. ƒ Priority training will be identified especially in the outer islands and this may be funded under NZAid Short Term Training programme

Paul Lynch: Does Crown Law wish to be informed of the background to the packages that have been completed? o Janet noted that this would be very helpful. o Noted by Crown Law that it would be better that most of the final refinement work be complete prior to coming to Crown Law. All the Regulations and Bylaws should be passed at the same time – most likely within 2-3 weeks of receipt by Crown Law. o Hoped that there is no conflict between the regulations and the proposed draft Acts. One area that may be a conflict is the “Raui”. This will be reviewed prior to Crown Law receiving the documents. o Explanatory notes required for Regulations and Acts must be prepared by NES prior to going to Cabinet. o Minister noted that the package could go to Cabinet as one package. Cabinet to look at the regulations in a staggered fashion and all regulations come into force at the same time. o Recommended by ADB that the outcomes of this project should be coordinated with the Infrastructure Master plan Project especially in the area of Sewage.

4. Project Outcome Indicators – George de Bert Romilly The proposed outcome indicators as required by the Bank were distributed. (Appendix 10). Changes were made as suggested. TA framework was attached to the project document. George congratulated the NES staff for their hard work. Noted that the laws could be presented to Cabinet next week and then assent by the QR the following week.

5. General Discussions Crown Law will execute after receipt of the disc and call the necessary persons to present to Cabinet.

NES notes that follow on work is required and concept paper (Appendix 11) distributed. Kevin indicated that request is supported by MFEM. The priority areas for follow-on TA include: ƒ Information for Improved Coastal and Fresh Water Resource Management ƒ Capacity Development for Improved Water Resource Management ADB thanked NES for the information. Noted he will pass it forward to the Pacific Department Management. Currently there is a constraint on the TA budget. Attempts will be made have this concept paper is considered.

TA could be sourced from ADB and there is also a possibility of being included in the regional TA from next July. Noted by Edy that this concept paper should include statements that it is aligned with the Infrastructure Master Plan project and Emergency Management loan.

MFEM if it is to endorse the regulations must under stand the financial implications of the regulations.

Meeting Adjourned.