Komiti Māori
NOTICE IS GIVEN that the next meeting of the Komiti Māori will be held in Omaio Marae, Omaio Pa Road (off State Highway 35), Omaio on:
Tuesday, 12 December 2017 commencing at 10.30 am.
Please note: a pohiri will take place at 10.00 am. prior to commencement of the hui.
Mary-Anne Macleod Chief Executive 5 December 2017
Komiti Māori Terms of Reference
The Komiti Māori has the core function of implementing and monitoring Council’s legislative obligations to Māori. Delegated Function To set operational direction for Council’s legislative obligations to Māori and monitor how these obligations are implemented. This will be achieved through the development of specific operational decisions which translate legislative obligations to Māori into action. Membership Three Māori constituency councillors and three general constituency councillors (the membership of the general constituency councillors to be rotated every two years), and the Chairman as ex-officio. Quorum In accordance with Council standing order 10.2, the quorum at a meeting of the committee is not fewer than three members of the committee. Co-Chairs to preside at meetings Notwithstanding the Komiti Māori has an appointed Chairperson, Māori Constituency Councillors may host-Chair committee meetings that are held in the rohe of their respective constituency. Term of the Committee For the period of the 2016-2019 Triennium unless discharged earlier by the Regional Council. Meeting frequency Two-monthly. Specific Responsibilities and Delegated Authority The Komiti Māori is delegated the power of authority to:
• Monitor Council’s compliance with its obligations to Māori under the Local Government Act 2002 and the Resource Management Act 1991; • Approve actions to enhance Māori capacity to contribute to Council’s decision-making processes for inclusion in the development of the Long Term Plan; • Recommend to Council effective Maori consultation mechanisms and processes; • Identify any relevant emerging issues for the region relating to the principles of the Te Tiriti o Waitangi, legislative obligations to Māori under different statutes and programmes to build the capability of Māori; • Facilitate tangata whenua input into community outcomes, Council policy development and implementation work;
BOPRC ID: A2460603 Page 3 of 170 • Formally receive iwi/hapū management plans; • Make submissions on Māori related matters, except where the submissions may have a wide impact on Council’s activities, in which case they might be handled by the Regional Direction and Delivery Committee or Council; • Establish subcommittees and delegate to them any authorities that have been delegated by Council to the Komiti Māori and to appoint members (not limited to members of the Komiti Māori); • Approve its subcommittee’s recommendations for matters outside the subcommittee delegated authority; • Recommend to Council the establishment of advisory groups to represent sub-region or constituency areas and to consider specific issues.
Note:
The Komiti Māori reports directly to the Regional Council.
BOPRC ID: A2460603 Page 4 of 170 Membership
Chairperson: A Tahana
Deputy Chairperson: T Marr
Councillors: W Clark, D Love, M McDonald, L Thurston
Ex Officio: Chairman D Leeder
Committee Advisor: M Stensness
Recommendations in reports are not to be construed as Council policy until adopted by Council. Agenda
1 Opening Karakia 2 Apologies 3 General Business and Tabled Items
Items not on the agenda for the meeting require a resolution under section 46A of the Local Government Official Information and Meetings Act 1987 stating the reasons why the item was not on the agenda and why it cannot be delayed until a subsequent meeting. 4 Declarations of Conflicts of Interests 5 Previous Minutes
5.1 Komiti Maori minutes - 10 October 2017 9 6 Presentations
6.1 Ōmaio Tangata whenua – Hapū Development and Projects awareness and updates 7 Reports
7.1 Toi Moana Komiti Maori 2017 21
7.2 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey 29
APPENDIX 1 - Boffa Miskell Method 44 Mauri Model Report, August 2017 37 Page 5 of 170 APPENDIX 2 - Iwi Perceptions Survey Questions, December 2017 81
7.3 Update on Te Mana o Te Wai 95
7.4 Update on Treaty claims and settlements in the Bay of Plenty 101
APPENDIX 1 - LGNZ - Treaty Settlement Costs Report 107
7.5 General Manager Strategy and Science Update 151
APPENDIX 1 - Komiti Maori Actions for 12 December 2017 161
APPENDIX 2 - He Toka Tumoana scholarship poster 167 8 Consideration of General Business 9 Open forum
A short period of time will be set aside at the conclusion of the meeting to enable tangāta whenua and members of the public to raise matters. Any matters raised and the time allowed for each speaker will be at the discretion of the Chair.
No decisions can be made from matters raised in the Open Forum. 10 Closing Karakia
Page 6 of 170
Previous Minutes
Page 7 of 170
Page 8 of 170 Minutes of the Komiti Māori Meeting held at Waiteti Marae, 30 Waiteti Road, Ngōngōtaha, Rotorua on Tuesday, 10 October 2017 commencing at 9.30 a.m.
Click h ere to enter text.
Chairman: A Tahana
Deputy Chairman: T Marr
Councillors: L Thurston, M McDonald, D Love, W Clark
Ex Officio: Chairman D Leeder
In Attendance: Toi Moana-BOPRC: F McTavish (General Manager Strategy and Science) K O’Brien (Strategic Engagement Manager), A Vercoe (Māori Policy Team Leader) K Heitia (Strategic Engagement Coordinator), S Hohepa, K Pihera-Ridge (Māori Policy Advisors), N Capper (Pou Ngaio Technical/Cultural), N Heitia (Assistant Mātauranga Māori Framework), E Sykes (Community Engagement EEF Coordinator) L Tauroa (Internal Services Officer), S Grayling (Biosecurity Team Leader), A Bruere (Lakes Operation Manager), S Kusabs (Land Management Officer), J Mackle (Regulatory Compliance Officer), H Ngatai (Marketing & Communications Advisor), N Ridler (Community Engagement), M Stensness (Committee Advisor)
Tangata Whenua: E George, G Ngatai, T Conwell, M Ngatai, T Palmer, WH Colbert, L Bidois, U Fairhall, S Tana, J Tahana, R Clarke, TP Newton, M Tapsell, W TeMoni, R Hona
Te Arawa Lakes Trust: N Douglas (Manager Environment), R Meha (Te Tatau o Te Arawa, Te Puni Kokiri)
Rotorua Lakes Council: J Riini, D Bly, R Hiha-Agnew
Apologies: Chairman D Leeder (late arrival), W Haumaha (Chairman of Te Waiteti Marae), G Mohi, K Biddle
1 Pōhiri/Welcome
A pōhiri took place at 9.30 am prior to commencement of the meeting at 10:30 am.
2 Karakia
Mr Eru George opened with a karakia.
3 Chairman’s Mihi
Councillor Tahana acknowledged Mr G Ngatai of Ngāti Ngāraranui, Ngāti Rangiwewehi and te hau kainga for hosting the Komiti Māori hui. Councillor Tahana emphasised the importance of the wai-water for Te Arawa whānui – he taonga nui tenei mea te wai,
Page 9 of 170 1 Komiti Māori Tuesday, 10 October 2017
ehara ma Ranginui raua ko Papatūanuku te raru, ma tatou katoa e whakatika i te wai. He korero whakatauaki - Ko wai koe, ko te wai koe - Ko Au te Wai, Ko te Wai ko Au.
4 Apologies
Resolved
That the Komiti Māori:
1 Accepts the apologies of Chairman Leeder (late arrival), W Haumaha (Chairman of Te Waiteti Marae), G Mohi and K Biddle tendered at the meeting.
Tahana/Thurston CARRIED
5 General Business and Tabled Items
It was noted that Toi Moana-BOPRC Lakes Operation Manager A Bruere requested to update members and tangāta whenua on phosphorous locking and resource consents consultation.
6 Declaration of conflicts of interest
Nil
7 Previous Minutes
Resolved
That the Komiti Māori:
1 Confirms the Komiti Māori minutes of 23 August 2017 as a true and correct record.
Clarke/McDonald CARRIED
8 Presentations
8.1 Ngāti Ngāraranui – Hapu development on the Waiteti Stream
Refer Power Point Presentation Objective ID A2723945
Mr G Ngatai provided insight into the whakapapa-genealogy interconnect between Ngāti Ngāraranui, the whenua-land, awa-river and traditional taonga; i.e localised streams, waahi tapū-sacred pā sites and waahi tūpuna-ancestral cultural site within their rohe-area. Mr Ngatai highlighted the following concerns:
environmental and cultural degradation of the Waiteti and Waimihia streams due to discharge of phosphorus and nutrient run off; consequential 100 metre radius of thick sediment build up at the mouth of Waitetī stream;
A2716909 Page 10 of 170 2 Komiti Māori Tuesday, 10 October 2017
restricted access to waahi tapu-sacred areas (i.e six sacred pā), waahi tūpuna- ancestral areas (i.e Wai oro toki) and waahi puna wai-spring water areas; negative impact of biodiversity of the awa-river including loss of customary fishing grounds and kai - tau koura-freshwater crayfish, tau kupenga, tau hohorō and tau inanga (juvenile fish); loss of flora and fauna within four (4) key wetlands (Okuraroa, Te Kopua, Te Akaaka, Te Pohue); requested proactive monitoring, more data collection and access to scientific evidence to identify the source of paru-pollution/degradation; and lack of putea-money/funding.
Mr Ngatai recognised the mahi-work undertaken by Toi Moana-BOPRC but expressed a desire for direct and meaningful consultation with regard to co-management solutions around conservation and protection of taonga, the taiao-environment and the wai-water. It was noted that other hapū in attendance agreed with Ngāti Ngāraranui’s position.
Councillor Tahana and members acknowledged Ngāti Ngāraranui for the “on the ground” korero filtered through to Komiti Māori. Members re-iterated their commitment to empower hapū and iwi to protect the wai and taonga but that it could take between 60 and 100 years to restore. It was noted that Councillor Tahana be notified of the next hui to be held by Ngāti Ngāraranui and that General Manager Strategy and Science Ms F McTavish would provide an updated report of the above matters for the next Komiti Māori hui.
8.2 Te Kōmiro o te Ūtuhina – A collective approach to restore Te Ūtuhina Stream
Refer Power Point Presentation Objective ID A2723942
Ms L Kereopa and Mr G Allen of Te Kōmiro o te Ūtuhina Kaitiaki Roopu provided members with some historical background of life growing up in Ōhinemutu, Te Tokaparua, Te Puaringa and Te Ūtuhina streams in comparison with life now. Ms Kereopa and Mr Allen summarised the issues as:
Sediment build up and paru-pollution of the awa-river in 2016 (blockage from kuirau park, released into Te Ūtuhina) Two summers tangāta whenua had been unable to swim in the awa-river - Te aukati ki te kaukau kurupae – cautionary/no swimming signs; Degradation of customary fishing and gathering grounds - kāpata kai-food source non-existent in Te Ūtuhina stream (i.e koura); Kai-food had disappeared over two generations - our children have never been able to feed themselves from our awa-river; Oil slicks coming from the industrial area and queried what monitoring was in place; Management and monitoring practices of water quality and eradication of weeds by Toi Moana-BOPRC; Removal of taonga-fishing rocks without consultation; Lack of fresh water flowing into Te Ūtuhina stream.
G Allen expressed a desire to work together to find solutions for monitoring water quality, the regeneration of kai moana (i.e koura), the eradication and control of harmful weeds and the restoration of the stop banks along the awa-river.
Councillor Tahana – Tēnei ra te mihi nui kia kōrua mō to kōrua whakāturanga, kei te tika kōrua, karawhiua mai ngā pātai me ngā wero hoki kia mātou, otirā kia tātou, ngā
A2716909 Page 11 of 170 3 Komiti Māori Tuesday, 10 October 2017
mihi kia korua mo tera – acknowledged presenters and that Komiti Māori was the right forum to raise those concerns.
The Komiti was informed that Toi Moana-BOPRC regularly monitored Te Ūtuhina stream for ecoli and that swimming was cautionary in that area. Members and tangata whenua were advised that Toi Moana-BOPRC had upcoming environmental projects that included the church and improving biodiversity work, geothermal activity and exploring economic opportunities within Ōhinemutu. It was noted that Mr Allen and Te Kōmiro o Te Ūtuhina be notified of further meetings to be held between Toi Moana- BOPRC and the church.
Resolved
That the Komiti Māori:
1 Commission Toi Moana-BOPRC staff to write an urgent status report on all the local urban streams flowing into Lake Rotorua area to be tabled at the next Regional Council Delivery and Direction Committee meeting.
Thurston/Tahana CARRIED
8.3 Ngāti Rangiwewehi – Ko Te Awahou mātou, ko mātou te awahou
Ms L Bidois from Ngāti Rangiwewehi acknowledged Ngāti Ngāraranui and advised members that:
whakapapa-genealogy interconnected Te Arawa and hapū to all the local streams and waterways; Ngāti Rangiwewehi were working with GNS organisation on the Ka Tu Te Taniwha project – 2nd stage; wānanga were held to define kaitiaki - created a model of kaitiakitanga around the protection of the wai-water; the Iwi Management Plan (‘IMP’) included soil quality, water quality expectations and kaitiakitanga - define your own Tino Rangātiratanga; Ngāti Rangiwewehi needed more tautoko-support to look after their champions; our tamariki-children were instrumental - teaching our tamariki stories of our awa normalised caring for and looking after the taiao-environment and the importance of the wai; and A wero-challenge was issued to Toi Moana-BOPRC to start delivering objectives from the IMPs.
Councillor Tahana - ngā mihi atu kia koe Leanne otira kia Gina hoki, mohio nei ana ahau koia tetahi o ngā poutokomanawa mo tenei take te tiaki i to tatou taiao, no reira tēnā koe e Leanne – acknowledged and thanked both presenters in caring for the environment.
8.4 Te Arawa Lakes Trust – Te Tuāpapa o ngā wai o Te Arawa
Refer Power Point Presentation Objective ID A2723944
Te Arawa Lakes Trust (‘TALT’) trustee Ms R Meha and Manager for Environment Ms N Douglas advised members that they were focussed on achieving a statutory working relationship with Toi Moana-BOPRC. TALT had aspirations to restore Te Arawa kaitiakitanga over the lakes and that the implementation of a co-designed strategic
A2716909 Page 12 of 170 4 Komiti Māori Tuesday, 10 October 2017
framework was the way forward for TALT in the leadership space. Ms Douglas identified some of the primary objectives as follows:
embedding of Te Arawa values, matauranga maori and Te Tuāpapa o Te Wai – into spatial plans, long term plans, consultation;
proactive role within the Resource Management Act 1991 (RMA) - Te Mana Whakahono;
grow capability in freshwater management;
TALT as the gateway/conduit for some of the hui regarding plan changes, long term plans and consultations,
meaningful consultation to discuss delivery of Maori outcomes alignment, LTP allocations and iwi and hapu leadership opportunities;
three kaitiaki wananga to be held.
Members acknowledged TALT were moving in a strategic direction and owning that role. It was noted that iwi and hapu needed to work collectively and strategically to utilise the resources available wisely. TALT acknowledged assistance from Toi Moana to finalise their Iwi Management Plan and how it was successfully used as a guide to establish and implement a sewage reticulation system.
9 Reports
9.1 Te Mana Whakahono a Rohe – Iwi Participation Agreements Resource Management Act 1991 Amendments
Maori Policy Team Leader A Vercoe advised members that the government had introduced several amendments to the Resource Management Act 1991 (‘RMA’) intended to enhance Māori participation in decision making through the Te Mana Whakahono ā Rohe (‘TMWR’) provisions. To assist members further Mr Vercoe provided an analysis of the provisions and highlighted the following key points:
The TMWR provided a mechanism for iwi authorities and local authorities to discuss, agree and record ways in which tangata whenua may participate in resource management and decision making processes under the RMA; Iwi authorities that initiated a TMWR invitation would legally compel Toi Moana- BOPRC to enter into iwi participation arrangements; Mandatory components of a TMWR must be incorporated into an agreement; Invitations could be initiated at any time (with some exceptions) and carried an 18 month statutory timeframe for completion; The TMWR provisions allowed for multi-party agreements; Implementation of the TMWR required principles and negotiations cognisant of the provisions of the legislation; Presented TMWR and the new subpart under the RMA to RDD committee; Other requirements included - notification, provision of draft agreement prior to notification, appointment of iwi commissioners on to hearing panels, demonstrated consultation with iwi/hapū; Toi Moana-BOPRC had received an invitation from Tapuika on 6 June 2017.
Mr Vercoe re-iterated that Toi Moana-BOPRC were focussed on the initial planning stages and kōrerorero-discussions about how to progress forward noting that it was
A2716909 Page 13 of 170 5 Komiti Māori Tuesday, 10 October 2017
critical in the initial stages to understand where each party was placed and that tangata whenua were provided a suitable environment that fostered open discussions.
Councillor Tahana - Ka honohono ngā wai tetehi ki tētehi – the water connects people with each other, noting that the new provisions potentially allowed iwi and hapū to pen their IMP plans suited to those provisions that essentially allowed for iwi and hapū to sit at the table.
Resolved
That the Komiti Māori:
1 Confirms the report, Te Mana Whakahono ā Rohe – Iwi Participation Agreements Resource Management Act Amendments
Tahana/Thurston CARRIED
9.2 Enhancing Resource Management Act 1991 awareness for Māori - RMA Training Workshops
Refer Power Point Presentation Objective ID A2723937
Toi Moana-BOPRC Pou Ngāio Mr N Capper provided members with an update report on the RMA training workshops held specifically for Māori. Mr Capper explained that the workshops were framed as wānanga which sought to complement a transition to the Making Good Decisions training programme while extending RMA knowledge in general for attendees. Key components of the training included:
RMA 101 and 102 wānanga themed – provided tools and techniques for the kete-knowledge basket to empower participation, grow knowledge base, share knowledge and manaaki whanau, Four workshops trialled to improve confidence and understanding and respond in the RMA kaupapa and kōrero, improved planning policy, regulatory framework and documents, improved understanding of legislative context, treaty obligations. Treaty settlements the RMA and local government impact; RMA 103 would focus on resource consenting applications and questions that come from the wānanga to feed back to whānau.
Members and tangāta whenua were advised that the 2018 workshop/wānanga plan proposed to include two more per year specifically to strengthen whānau participation, encourage attendees to complete commissioner training and to recognise further training sessions across the region. It was noted that tangata whenua should contact the Māori Policy Officer of their rohe to have a kōrero-discussion about upcoming workshops and to be added to the email mailing list.
Cr Macdonald who participated in all the workshops remarked that the content and delivery of the information was excellent and that the continued roll out of these wananga were necessary to assist our whānau in understanding the RMA process.
Resolved
That the Komiti Māori:
1 Confirms the report, Enhancing Resource Management Act 1991 awareness for Māori - RMA Training Workshops
A2716909 Page 14 of 170 6 Komiti Māori Tuesday, 10 October 2017
Tahana/Macdonald CARRIED
9.3 Brown bullhead catfish incursion progress report
Refer Power Point Presentation Objective ID A2723941
Toi Moana-BOPRC Biosecurity Team Leader Mr S Grayling briefed members and tangata whenua on the incursion of the Brown bullhead catfish initially discovered in March 2016. Mr Grayling highlighted the following key information:
catfish were tough, a predator scavenger that prey on other fish and threatened taonga species including koura-crayfish;
over 34 nights, 770 nets were set on Rotoiti, Rotorua, Rotoehu and Tarawera – 391 catfish were caught, 381 from Te Weta Bay;
as water temperatures cool more catfish are caught but tuna and brown trout were known to be natural raiders of catfish.
Toi Moana-BOPRC held meetings with stakeholders and community for engagement and feedback on the programme;
Mr Grayling emphasised that further meetings and consultation was needed to discuss and research suitable eradication methods; i.e permanent traps, pest tagging programme, pheromone baits and electricity as options. Mr Grayling extended an invitation to tangata whenua to attend scheduled meetings.
Resolved
That the Komiti Māori:
1 Confirms the report, Brown bullhead catfish incursion progress report
Tahana/Macdonald CARRIED
9.4 General Manager Strategy and Science Update
General Manager Strategy and Science Ms F McTavish informed members and tangata whenua that:
Two new staff members, Katerina Pihera-Ridge and Reuben Gardiner had joined the Maori Policy team; and
Similarly to last month’s report from the Matakana Island hui, an appendix would be attached to next month’s report highlighting updates on issues raised from the hui today including the water monitoring data;
Ms McTavish advised attendees and members that many submissions and further submissions had been received in relation to Plan Change 9 (water quantity) and that the plan change would set the stage in terms of water limits in the region, metering, who was using the water and how. It was important to note that the plan change set out new criteria for municipals regarding re-consenting water takes and that meetings had
A2716909 Page 15 of 170 7 Komiti Māori Tuesday, 10 October 2017
progressed with 66 submitters and 33 further submitters, pre-hearing meetings are likely to be extended to February 2018.
Councillor Tahana mentioned he had received good feedback about Toi Moana- BOPRC staff co-governance korero presented to a forum at Gisborne District Council last month and encouraged iwi and hapu to read Te Kawa o Te Urewera.
Resolved
That the Komiti Māori:
1 Confirms the report, General Manager Strategy and Science report
Tahana/Thurston CARRIED
10 Consideration of General Business
Toi Moana-BOPRC Rotorua Lakes Manager A Bruere advised members that:
Phosphorous locking plants programme – commenced consultation with community and iwi around their views of the lakes;
Alum dosing plant methods were used to improve lake water quality ensuring the activity in the catchments are sustainable and that those activities are not contaminating the water;
Plan Change 10 – included rules in place that would manage land use around Lake Rotorua and promote the reduction of nitrogen and phosphorus;
There was a need to supplement the phosphorus locking programme because of constant changed activities on land;
Recognised people were concerned regarding the long term effects of dosing - Toi Moana-BOPRC encouraged dialogue and participation in consultation meetings;
Invitations to attend the first meeting in two weeks had been sent out with plant site visits planned;
Toi Moana-BOPRC team were reinvigorating the Koura and Kakāhi – best catches of koura were found in Lake Rotorua;
Mr Bruere acknowledged more work was required and that alum dosing was an interim solution not a long term management plan. It was noted that a hapū member of Ngāti Ngāraranui disagreed with Mr Bruere’s response regarding algae bloom and closure of areas to swimming.
11 Closing Karakia
Mr Eru George closed with a karakia.
The meeting closed at 1.05pm
A2716909 Page 16 of 170 8 Komiti Māori Tuesday, 10 October 2017
A2716909 Page 17 of 170 9
Page 18 of 170
Reports
Page 19 of 170
Page 20 of 170
Receives Only – No Decisions
Report To: Komiti Māori
Meeting Date: 12 December 2017
Report From: Kataraina O'Brien, Strategic Engagement Manager
Toi Moana Komiti Maori 2017
Executive Summary
The Toi Moana (Bay of Plenty Regional Council) Komiti Māori (Māori Committee) was constituted in 2006.
It is nationally unique in that it is the only full standing Māori decision-making committee of a Regional Council in New Zealand that has three Māori Constituent Councillors presiding (alongside general Councillors).
Komiti Māori provides tangata whenua with direct access and input into Council processes and decisions. The Komiti has a delegated function to set operational direction for Council’s legislative obligations to māori and monitor how these obligations are implemented.
Another unique aspect of the Komiti is that it holds its meetings on marae further enhancing the opportunity for māori to directly interact with Councillors on issues they are passionate about.
This report provides highlights of the hui held by Komiti Māori over 2017.
Recommendations
That the Komiti Māori under its delegated authority:
1 Receives the report, Toi Moana Komiti Maori 2017;
1 Background
The Komiti Māori (formerly the Māori Committee) was established in 2006 and is constituted as a standing committee of Council. Its primary function is to implement and monitor Council's legislative obligations to māori.
Komiti members include three Māori Constituency Councillors, two general Councillors and the Council Chairman (ex-officio).
Page 21 of 170 Toi Moana Komiti Maori 2017
Komiti Māori aims to strengthen iwi/hapū relationships with Council by holding its meetings on marae throughout the region. In this manner, the Komiti is exposed to the dynamic of iwi, hapū and whanau, experiencing the variations in tikanga, kawa and reo.
The issues raised before the Komiti are specific to a location. Komiti Māori is supported by the Chief Executive, Strategy & Science General Manager and Māori Policy.
2 Komiti Māori Hui 2017
In 2017 Komiti Māori attendance by tangata whenua has been high. There is a growing interest in all parts of the region from tangata whenua who wish to participate and get involved in the business of Council. This year over fifty members of the community attended Komiti Māori.
This year six hui were held throughout the region:
Date Venue
Te Whetū o Te Rangi Marae, Welcome Bay, 3 March 2017 Tauranga
27 April 2017 Te Papaiouru Marae, Ōhinemutu, Rotorua
20 June 2017 Te Mānuka Tutahi Mārae, Whakatane
23 August 2017 Opureora Marae, Matakana, Tauranga
10 October Waitetī Marae, Ngongotahā, Rotorua 2017
12 December Omaio Marae, Omaio 2017
2 Page 22 of 170 Toi Moana Komiti Maori 2017
Komiti Māori Photos
Te Manuka Tutahi Marae
Left: Waiteti Marae
Right: Te Papaiouru
Left: Te Papaiouru Marae
Right: Te Whetu O Te Rangi Marae
Left: Te Papaiouru Marae
Right: Opureroa marae
3 Page 23 of 170 Toi Moana Komiti Maori 2017
3 Key achievements
There have been some memorable highlights for the Komiti in 2017 all of which denote the importance of the Komiti’s role and function:
3.1 Submission in Support of Māori Seats for Whakatāne District Council
The Chair of Komiti Māori (Cr Arapeta Tahana) led and presented a submission to the Whakatāne District Council (WDC) in support of a proposal to establish Māori seats of Council. Cr Tahana was able to draw on the experience of Toi Moana who have held Māori seats for several years. Approximately 45 written submission were received, and 11 submitters presented at the meeting.
Following deliberations, a vote of six to five in favour was passed. In terms of next steps, WDC must now publically notify that the Local Electoral Act 2001 allows a poll of 5% of electors to demand a binding poll on the introduction of Māori wards.
3.2 Civil Defence Regional Plan Submission
In response to the flood event in April 2017, tangata whenua and local marae provided local communities with food, shelter and support. Many marae acted without government assistance and proceeded to support those in need. Other marae acted as welfare centres for government agencies and local support agencies to provide further support.
At Te Manuka Tutahi marae Te Runanga O Ngati Awa (TRONA) and Ngati Awa Social Health services (NASH) provided feedback on the role of local marae and tangata whenua. The Komiti heard all issues and concerns presented and advised Komiti Māori would submit to the Civil Defence Regional Plan. Through Māori Policy, Komiti Māori outlined the pivotal role of marae and tangata whenua providing suggestions on how better to support marae in response to another environmental event.
Komiti Māori also led a submission on Civil Defence Act Review to request consideration for legislation to provide for Iwi input and participation into disasters and civil defence emergency response efforts.
3.3 Komiti Māori E-Panui
Komiti Māori distributes electronic panui (newsletter) to tangata whenua on a regular basis to promote and encourage attendance at Komiti Māori hui, to share important information about Council work and to generally keep in touch with the Māori Community.
The e-panui is available bi-monthly. It currently has an ‘open rate’ (acknowledgement that the email has been opened) of 49% which is well above the open rate for other government agencies. Over four hundred contacts receive the Komiti Māori e-panui.
3.4 Presentations by Tangata Whenua
At each Komiti Māori hui, tangata whenua are invited to present on issues of importance to them. Many individuals and groups take this opportunity to engage directly with Councillors, thereby informing council and staff about key matters for consideration.
4 Page 24 of 170 Toi Moana Komiti Maori 2017
A number of tangata whenua groups presented to Komiti Māori in 2017 including (but not limited to):
Ngāti Awa Social Health Services (NASH) and Te Rūnanga o Ngāti Awa: Response to Edgecumbe Flood Event. Matakana Island tangata whenua: Lodgement of the Matakana/Rangiwāea Hapū Management Plan 2017 and discussion on contaminated land. Ngāti Ngāraranui Hapū: Aspirations for water quality enhancement of the Waitetī Stream. Ngāti Rangiwewehi: Environmental initiatives, plans and aspirations.
3.5 Iwi/Hapū Management Plans (IHMPS)
Iwi/Hapū Management Plans are lodged with Council through Komiti Māori.
The following plans were lodged this year:
Pirirakau Hapū Management Plan 2017 Matakana/Rangiwāea Hapū Management Plan 2017 Te Whānau a Harawaka Hapū Plan 2017 (at this meeting)
3.6 Treaty Symposium for Councillors
This year, through the support of Komiti Māori, the Bay of Plenty Regional Council hosted a Treaty Symposium in Tauranga. The purpose of the event was to lead discussions on the value of Treaty settlements and build awareness of the Treaty landscape. Elected members and senior staff from Councils in the region were invited. Approximately 144 people attended.
Ngā Potiki kaumatua opened the hui and spoke about their Treaty experience. Keynote speakers included Justice Joe Williams, Colin reader (Ngā Potiki), Rahera Ohia (Ngāi Te Rangi), Te Pio Kawe, Charlie Tawhio (Ngāi Te Rangi), Dame Susan Devoy (Race relations Commissioner) and Treaty Lawyer Paul Beverly.
3.7 Pou Ngaio Role : RMA Technical/Cultural Specialist
Komiti Māori recognised the need to provide more resource management support for staff and Māori and approved two Pou Ngaio (RMA Technical/Cultural Specialist) roles. One role was established in 2016 and the other role has just been filled.
As well as providing specialist support for staff on RMA Māori provisions, the Pou Ngaio will co-ordinate training opportunities for tangata whenua to build RMA capability.
3.8 Resource Management Act (RMA) Training for Iwi/Hapū
Staff, in collaboration with tangata whenua, ran four RMA training workshops in Tauranga and Whakatāne. Two were aimed at an elementary level (RMA101) and two at an intermediate level (RMA 102). The Pou Ngaio lead this initiative.
The feedback from participants has been overwhelmingly positive as there is a genuine desire from Māori to improve and enhance their RMA knowledge.
5 Page 25 of 170 Toi Moana Komiti Maori 2017
Picture above: From left Hayden Henry, Reon Tuanau and Hemi Paki receiving their RMA 101/102 Certificates.
Komiti Māori are fully supportive of this initiative and formally endorsed further training opportunities.
3.9 Māori Language Week (MLW) 2017
Komiti Māori supported the annual activities led by Māori Policy to encourage the use of Te Reo Māori and Māori practice through Māori Language Week 2017. The theme for MLW 2017 was “Kia ora Te Reo Māori”.
Activities this year included cultural guided tours, karakia/waiata workshops, weaving (raranga) classes, Te Reo bingo and hearing from guest speakers. Activities were facilitated by staff and iwi members.
Komiti Māori promotes the use of Te Reo Māori in the workplace and have embraced Te Ture mō Te Reo Māori 2016 which affirms the status of reo Māori as the indigenous language of Aotearoa.
6 Page 26 of 170 Toi Moana Komiti Maori 2017
4 Remembering the late Te Awanuiarangi Black: Former Māori Constituent Councillor for Mauao
On 11 November 2016, the highly respected Regional Councillor, Tauranga iwi leader and educator, Te Awanuiārangi Black (affectionately known as Awa) passed away at the age of 48. His contribution as a councillor was exceptional.
His positive influence, humility and ability to be articulate in both English and Māori, contributed to many decisions to improve Council’s responsiveness to Māori in the region.
In 2013, Awa was elected onto the Bay of Plenty Regional Council as the Member for the Mauao constituency. He retained his seat for the 2016-2019 triennium, and was the Chair of Komiti Māori. Awa was an astute politician and thinker. He was influential in the Regional Council’s integration of tikanga māori and was behind the Council’s adoption of its Māori name, Toi Moana.
To commemorate Awanui, Council and Komiti Māori approved the introduction of an education scholarship/fund (He Toka Tumoana), consisting of two $5,000 scholarships to be administered through the existing Regional Community Outcomes Fund (RCOF).
This scholarship was launched on 30th November 2017 open to all students/researchers in the Bay of Plenty.
This fund will assist with environmental education, financial support and encourage mātauranga Māori research and education.
5 Year ahead
Komiti Māori will continue to hold meeting on marae across the region in 2018. The importance of engaging with Māori on marae is invaluable.
Komiti Māori will look to review the current Terms of Reference and develop a work programme for 2018. Members will contribute to Councils Long Term Plan consultation and deliberations and will continue to be a conduit to enable Māori participation in decision-making processes.
Nikora Heitia Office Assistant (Matauranga Maori Framework) for Strategic Engagement Manager
29 November 2017 Click here to enter text.
7 Page 27 of 170
Page 28 of 170
Report To: Komiti Māori
Meeting Date: 12 December 2017
Report From: David Phizacklea, Regional Integrated Planning Manager
Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
Executive Summary
Implementation of the operative Bay of Plenty Regional Policy Statement is ongoing. This report sets out a process for undertaking Council’s second iwi perceptions survey, and presents findings from the ‘Method 44 Developing Mauri Models’ project.
Iwi Perceptions Survey
Findings from the first iwi perceptions survey were reported to Komiti Māori in June 2016. The survey contributes to monitoring and evaluating the operative Bay of Plenty Regional Policy Statement iwi resource management objectives. It also provides information on iwi/hapū and whānau experiences with Council resource consent processes.
Approval is sought to undertake the second iwi perception survey for three months commencing from 1 February 2018. Understanding the perceptions of the region’s kaitiaki, iwi and marae based resource management practitioners assists in evaluating the efficiency and effectiveness of iwi resource management provisions in the Regional Policy Statement.
Mauri Model Report
Boffa Miskell has completed a project for Council on implementing Method 44 of the Regional Policy Statement ‘Developing Mauri Models’. The Boffa Miskell report findings include a number of recommendations for Council to consider. They identify key elements or principles a mauri model framework should entail, and what matters or actions need to be considered to further develop a Mauri framework. These include developing a pool of iwi technical advisors and developing at least three mauri pilot projects to test and assess the mauri framework.
The report recommends the initial basis for developing a framework to use for assessing mauri in relation to applications for resource consents, monitoring consented activities and monitoring the efficiency and effectiveness of plan provisions where they are of significance to iwi. Staff propose developing a mauri model toolkit whereby examples of mauri assessment in resource management processes can be shared with iwi and hapū who can then determine whether to adapt them to suite their own circumstances. This approach recognises different iwi will have their own preferences for assessing mauri but that there are fundamental concepts that many share (e.g, tapu, noa, rāhui, ngā tangata).
Page 29 of 170 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
Recommendations
That the Komiti Māori under its delegated authority:
1 Receives the report, Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey;
2 Approves staff deploying the second Iwi Perceptions Survey for three months from 1 February 2018;
3 Approves making the Boffa Miskell ‘Method 44 Developing Mauri Models’ project report and literature review available on Council’s website and notifying project participants of its availability;
4 Directs staff to develop and report back a toolbox of examples of existing models and frameworks used to assess the mauri of natural resources to be made available on Council’s website;
5 Acknowledges separate iwi and hapū will have their own preferences for assessing mauri of natural resources within their rohe;
6 Notes feedback on the Boffa Miskell project report and Mauri Model Toolbox proposal will be part of the next iwi perceptions survey in February 2018; and
7 Confirms that the decision has a low level of significance.
1 Purpose
This report presents work undertaken by Boffa Miskell to implement Method 44 - Developing Mauri Models of the operative Bay of Plenty Regional Policy Statement (RPS). The report seeks approval for staff to develop a toolbox of examples of existing models and frameworks used to assess the mauri of natural resources to be made available on Council website.
Komiti Maori approval is also sought to undertake the second iwi perceptions survey for three months from Thursday 1 February 2018 until Thursday 3 May 2018. The second survey will build on advice received from participants and Komiti Māori in response to results of the first survey in 2016.
2 RPS Implementation Strategy
The second generation RPS became operative on 1 October 2014. It provides a framework for sustainably managing the region's natural and physical resources. It highlights regionally significant issues including issues of resource management significance to iwi. It is a directive policy document setting out what needs to be achieved (objectives) and how it will be achieved (policies and methods). Regional and district plans must actively implement its policies and where directed policies shall be considered in resource consents decision making processes.
At its 17 November 2015 meeting the Regional Direction and Delivery Committee approved an RPS Implementation Strategy (RPSIS). For the operative Regional Policy Statement to be effective, it requires consistent implementation and monitoring of its policy and method requirements. That process is outlined in the RPSIS. The
2 Page 30 of 170 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
RPSIS purpose is to ensure the systematic implementation of all operative Regional Policy Statement policies and methods.
The Regional Policy Statement contains 103 policies and 72 methods of implementation across 11 resource topics addressing the significant resource management issues for the region (e.g. air and water quality). It sets out the need to prepare detailed implementation work streams for each resource topic setting out how implementation will occur and be monitored over time. It will identify key actions, timeframes, responsibilities and any resourcing gaps.
An initial assessment identified specific methods that were projects in their own right and needed to be prioritised for implementation. This included Method 44: Developing Mauri Models which states:
“Work with tangata whenua in the development of ways to assess the mauri of natural resources with the intent that such methods are implemented in regional plans for monitoring consented activities, the state of the environment and the efficiency and effectiveness of plan provisions, where these involve matters of significance to Māori”.
3 Mauri Model Project
The Te Hirihiri team at Boffa Miskell Ltd were engaged to develop a robust methodology for assessing Method 44 of the RPS in relation to natural resources in future regional plan changes and regulatory frameworks (i.e policy, methods and rules) where these involve matters of significance to Maori.
An initial literature review was undertaken which collated a range of existing mauri assessment models used throughout the country to assess the mauri of natural resources in relation to matters of significance to iwi.
Tangata whenua across the region were contacted via the iwi contacts database, inviting them to notify staff if they wanted to be consulted as part of this project to develop ways of assessing the Mauri of natural resources. Of those contacted 26 responses were received from tangata whenua (i.e. iwi, hapū and Māori land trust representatives) who agreed to participate.
The respondents were provided with the Boffa Miskell Literature review (as contained as a supporting document to this agenda) along with a list of interview questions. Regional Council staff liaised with the respondents to organise meeting times, dates and venues. Members from Boffa Miskell’s Te Hihiri team subsequently attended and facilitated the hui.
A total of 14 hui were held with 23 iwi, hapū and trusts, these being: Ngāti Mākino, Ngāti Pikao, Ngāti Whakahemo, Tapuika, Ngāti Whakaue ki Rotorua, Ngāti Whakaue ki Maketu, Whakatōhea, Ruaktoki Lands Trust, Ngāi Tūhoe, Ngāti Rangitihi, Ngāti Kea, Ngāti Tuara, Ngāti Manawa, Ngāti Awa, Ngāti Tāwhaki, Ngāti Hokopu, Te Patuwai, Tapuika, Ngāti Manawa, Motiti Rohe Moana Trust, Ngāti Ranginui, Ngāi Te Rangi and Ngāti Te Wai.
Boffa Miskell subsequently prepared a report summarising general findings of the meetings and have proposed a potential framework Council could use for assessing mauri. That report is attached in Appendix 1.
Overall the report indicates a number of common themes when assessing mauri.
3 Page 31 of 170 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
The first principles being that kaitiaki who are the mana whenua or ahi kā of the area were the first point of engagement for the assessment of mauri of any natural resources. Any mauri framework should be developed with the support assistance and guidance from mana whenua.
Mauri is a key cultural value for all tangata whenua, and the traditional association of mauri was linked to the understanding that we are all connected through whakapapa from Papatuanuku and Ranginui. The RPS defines Mauri as:
“The essential life force, energy or principle that tangata whenua believe exists in all things in the natural world, including people. Tangata whenua believe it is the vital essence or life force by which all things cohere in nature. When Mauri is absent there is no life. When Mauri is degraded, or absent, tangata whenua believe this can mean that they have been remiss in their kaitiakitanga responsibilities and this affects their relationship with the atua (Māori gods). Mauri can also be imbued within manmade or physical objects”.
Each of the tangata whenua respondents had a different view on what mauri is and how it could be assessed. There were differing views on the need for establishing a mauri model framework with some groups supportive, others thought it needed further discussion and some were sceptical about whether a framework would assist.
Ngati Mākino and Whakatōhea were the only two iwi groups to provide the basis for a potential framework to assess mauri.
Based on the feedback from the consultation meetings and the support to develop a mauri assessment tool, respondents considered the role for Bay of Plenty Regional Council was to;
Build positive relationships with iwi Communicate with iwi Resource further engagement with iwi. 4 Next Steps
The Boffa Miskell report makes a number of recommendations based on the consultation undertaken during the project. The recommendations identify key elements or principles a mauri model framework should entail, and what matters or actions need to be considered to further develop a Mauri framework. For example these include developing a pool of iwi technical advisors and developing at least three mauri pilot projects to test and assess the mauri framework.
The report recommends the initial basis for developing a framework to use for assessing mauri in relation to applications for resource consent, monitoring consented activities and monitoring the efficiency and effectiveness of plan provisions where they are of significance to iwi.
However, the report identifies more time and energy is required to further develop a framework. In particular for Toi Moana to work with Ngāti Mākino collective and the Whakatōhea Māori Trust Board to develop their respective Mauri frameworks further.
A key recommendation is for Toi Moana to ensure that work on Method 44 is in alignment with those related components under the proposed Matauranga Māori Framework. As noted earlier, staff have considered how the Matauranga Māori project
4 Page 32 of 170 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
has developed and believe there are potential synergies and learnings between the two projects.
Notwithstanding the reports’ recommendations, staff propose developing a toolbox of examples of existing models and frameworks used to assess the mauri of natural resources to be made available on Council’s website. The toolbox can be refined over time as further examples are developed that can be shared with interested iwi and hapū. This is considered the most pragmatic means of implementing the intent of Method 44 whilst acknowledging the findings of the research and consultation undertaken by Te Hihirihi. Staff would then report back to the Committee on a Mauri Model toolkit in the new year.
In the interim staff recommend making the Boffa Miskell report and associated literature review available on Council’s website and notifying tangata whenua across the region of its availability. 5 Iwi Perception Survey
The iwi perception survey forms part of the monitoring requirements for the iwi resource management objectives in the Regional Policy Statement. The survey identifies the level of awareness iwi/hapū and whānau have of the RPS and should assist in raising awareness of these iwi resource management tools.
The results of the first RPS Iwi Perceptions Survey were reported to the Komiti Māori hui on 29 June 2016 and are available on Council’s website at www.boprc.govt.nz/operative regional policy statement/iwi perceptions.
For consistency purposes the survey replicates the first iwi perceptions survey and continues to include questions regarding iwi/hapū and whanu experiences with Council’s resource consents processes. The survey does however build in additional questions relating to iwi affiliation and whether the respondent has any particular views on the Mauri Model research undertaken by Boffa Miskell and reported as a separate item in this meeting agenda.
The Iwi Perceptions Survey questions are provided in Appendix 2.
Part 4 of the RPS requires Council to monitor the efficiency and effectiveness of all RPS policies and methods, and measure the extent to which objectives are being achieved.
The RPS contains iwi resource management provisions that are linked to monitoring indicators. These monitoring indicators require Council to undertake regular iwi perception surveys. Understanding the perceptions of the region’s kaitiaki, iwi and marae based resource management practitioners will assist evaluating the effectiveness and efficiency of these provisions.
The primary purpose of the survey is to contribute to the RPS monitoring and evaluation. This is a requirement of the RPS and sections 35 and 79 the Resource Management Act 1991. The survey results will also contribute to review of iwi/hapū and whānau experiences with Regional Council’s resource consents processes. The next formal RPS review is due in October 2024.
RPS iwi resource management provisions to be monitored include objectives, policies and methods relating to:
5 Page 33 of 170 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
Consultation Kaitiakitanga Development of multiple owned Māori land Partnership and co-management agreements Iwi and hapū resource management plans Maintaining and enhancing the mauri of water, land, air and geothermal resources; and Recognition and provision for the relationships of Māori and their ancestral taonga.
6 Timeframe and Process
Subject to gaining Komiti Māori approval, the process for the second survey involves:
1. Deploying the survey on Survey Monkey for three months from Thursday 1 February 2018 until Thursday 3 May 2018 2. Conduct more in-depth interviews (4-6 persons) with survey respondents
3. Analyse and report survey results to Komiti Māori and Consents
4. Email copy of survey results to survey respondents; and
5. Include survey results on Council’s website.
An objective for the second survey is to increase participation beyond the 20 who participated in the original survey. As part of the follow up interviews for the first survey respondents were asked for their ideas on how we could improve survey participation. In response to those suggestions the Iwi Perceptions Survey will be:
emailed to people on Council’s Māori Contacts Directory, encouraging the survey be sent onto marae and Māori land trust contacts
promoted the survey through Council’s various co-governance and co- management forums, through the region’s tertiary education institutions (e.g. Whare Wānanga o Aotearoa and Toi Oho Mai)
promoted through Council’s ‘Have your say’ and Kaupapa Māori web pages.
The results will also be shared with the region’s city and district councils as part of the RPS Implementation Strategy project. This reflects that many survey participants’ perceptions were relevant to their experiences dealing with city and district councils in the region. 7 Implications for Māori
Resource management issues of significance to iwi authorities in the region are required by section 62(1)(b)(i) of the Act to be identified and included in the RPS. Virtually all iwi and hapū resource management plans identify the degradation of mauri of natural resources as an issue of resource management significance with respective rohe. Consequently the RPS identifies the degradation of the mauri of water, land, air and geothermal resources as an issue of resource management significance to iwi in the region. Method 44 was inserted into the RPS in order to resolve an appeal by
6 Page 34 of 170 Regional Policy Statement Implementation - Mauri Model and Iwi Perceptions Survey
Ngāti Mākino in relation to the iwi resource management topic in 2013. By agreeing to including this method in the RPS Regional Council is committed to ensuring its implementation.
Some iwi consulted as part of this project see real value in the mauri model framework for iwi, hapū and whānau to apply in resource management decisions making processes. There has been wide interest in such a framework and balancing western science with matauranga Māori in decision making processes. The project findings will make a contribution to this body of knowledge.
A key challenge is ensuring a mauri model framework is suitable for refinement and application by a range of iwi and hapū across the region. Only tangata whenua are capable of assessing the mauri of their taonga and they will likely have differences in how they view and prefer assessing mauri.
The iwi perceptions survey will assist Council monitoring iwi and hapū perceptions of its performance implementing the various iwi resource management objectives and gauge iwi perceptions of Regional Council’s resource consents process.
8 Council’s Accountability Framework
8.1 Long Term Plan Alignment
The cost of implementing the Regional Policy Statement is budgeted for in the Long Term Plan (2015-2025) in the Regional Planning activity. The 2017/18 budget for implementation of the RPS is $42,091. Costs for setting up, analysing and reporting on the survey are staff time only.
Current Budget Implications
Costs in setting up, analysing and reporting on the survey are staff time only. These costs are met within the wider Regional Policy Statement implementation budget for 2017/18.
Future Budget Implications
The biennial iwi perceptions survey costs are provided for under the Long Term Plan 2015-2025 within the RPS Monitoring and Implementation budget under the Regional Planning activity.
Nassah Steed Programme Leader (Statutory Policy) for Regional Integrated Planning Manager
4 December 2017 Click here to enter text.
7 Page 35 of 170
Page 36 of 170
APPENDIX 1
Boffa Miskell Method 44 Mauri Model Report, August 2017
Page 37 of 170
Page 38 of 170
Method 44 Developing Mauri Models Report
Prepared for Toi Moana (Bay of Plenty Regional Council)
10 August 2017
Page 39 of 170
Page 40 of 170
Document Quality Assurance
Bibliographic reference for citation: Boffa Miskell Limited 2017. Method 44 Developing Mauri Models Report prepared by Boffa Miskell Limited for Toi Moana (Bay of Plenty Regional Council).
Final Report Prepared and Reviewed by:
Te Pio Kawe Associate Principal / Kaiarataki Te Hīhiri - Strategic Advisor Māori
Nicole Hodgson Graduate Advisor Māori / Graduate Ecologist, Boffa Miskell Limited
Sean Grace Associate Principal / Senior Planner, Member NZPI, Boffa Miskell Limited
Literature Review Report Prepared by:
Mapihi Martin-Paul Kaiaho Te Hīhiri / Graduate Advisor Māori Boffa Miskell Limited
Jade Wikaira Kaiarataki Te Hīhiri / Strategic Advisor Māori, Boffa Miskell Limited
Nicole Hodgson Graduate Advisor Māori / Graduate Ecologist, Boffa Miskell Limited
Literature Review Report Reviewed by:
Craig Pauling Principal / Kaiarataki Te Hīhiri / Strategic Advisor Māori, Boffa Miskell Limited
Te Hīhiri Consultation Team: Eynon Delamere, Te Pio Kawe, Nicole Hodgson and Sean Grace.
Status: Final Revision / version: 01 Issue date: 10 August 2017
Use and Reliance This report has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Boffa Miskell does not accept any liability or responsibility in relation to the use of this report contrary to the above, or to any person other than the Client. Any use or reliance by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or responsibility is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source.
Cover photograph: Active waterfall in Auckland City, © Tim Church, 2016
Page 41 of 170 RĀRANGI ŪPOKO / CONTENTS
1.0 HE KUPU WHAKATAKI / Introduction 1
1.1 Ngā whakaaro rangatira / Acknowledgments 1 1.2 Tāhuhu Kōrero / Background 2 1.3 Tangata whenua engagement 6
2.0 KUPU WHAKAHOKI / Response 7
2.1 Mana whenua, ahi kā / ahikāroa 7 2.2 Mauri 8 2.3 Fresh Regional Water 9 2.4 Mauri Framework 10 2.5 The Role of Toi Moana 17
3.0 MATAPAKI / Discussion 18
3.1 Regional Policy Statement 18 3.2 Mauri Frameworks 20
4.0 TE WHAKAMUTUNGA / Conclusion 24
5.0 TŪTOHUNGA / Recommendations 25
6.0 KŌHINGA KŌRERO / References 27
APITIHANGA / Appendices
Appendix A: Glossary
Appendix B: Interview questionnaire
Appendix C: RPS Iwi Resource Management Policies, Objectives and Methods
Appendix D: The Aashukan Declaration
Appendix E: RPS Appendix F, Set 4 Māori culture and traditions criteria
Appendix F: Suggestion for a Mauri Model Toolkit
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 2 Page 42 of 170
1.0 HE KUPU WHAKATAKI / Introduction
Toi Moana (the Bay of Plenty Regional Council) engaged Boffa Miskell Ltd (BML) to undertake an assessment of Method 44 of the Regional Policy Statement: “Developing Mauri Models”. This assessment was undertaken in consultation with tangata whenua, in terms of investigating the mauri of natural resources in the spectrum of environmental management, within the regional regulatory framework. This report collates and summarises the responses from 13 hui held with representatives from Iwi, hapū, land trusts or collective entities to discuss the opportunity to implement Method 44 across the Bay of Plenty Region. The tangata whenua groups all shared a common understanding of mauri. The intention of the project was to interview tangata whenua to seek their response to the concept of developing a framework or model to assess the effects on the mauri of their natural resources that will contribute to the local and regional management decisions of these resources. The development of a mauri framework / model within the Regional Policy Statement (RPS) provides a platform for engagement with other RPS methods and Iwi resource management policy issues and objectives. This includes resource consent activities, the monitoring of consented activities, state of the environment reports and the opportunity to measure the efficiency and effectiveness of plan provisions on matters of significance to Māori / tangata whenua. The other considerations for developing an assessment tool revolve around the particular focus on the level of tangata whenua leadership and expertise required to develop the mauri framework or model. Would this option be taken up by local iwi or practitioners themselves working in the environment space or other Māori consultancies? The other option is to utilise an existing tool, adapting/refining that tool and/or creating an entirely new tool. In all cases, the involvement of mana whenua, and their ownership of the process is fundamental and will require a structured approach to achieve. This can include developing clear relationship agreements and/or agreed work programmes, along with appropriate resourcing. This project focuses on understanding the views of mana whenua in relation to mauri and undertaking assessments, including preferences for particular methods as well as how assessments should be undertaken and managed. To reiterate, discussions during the consultations are in regards to mauri of natural resources and not of mauri of anything else.
1.1 Ngā whakaaro rangatira / Acknowledgments
Tēnā koutou katoa e ngā rangatira, e ngā kuia, e ngā kaumātua, e ngā kaiwhakahaere, e ngā pūkenga me ngā kaitiaki o ngā taonga tuku iho o a tātou mātua tūpuna. Tēnei te mihi ki a koutou katoa Te Komiti Nui o Ngāti Whakaue; Ngāti Makino Iwi Authority; Ngāti Whakahemo; Te Mana o Ngāti Rangitihi Trust; Te Rūnanga o Ngāti Pikiao; Motiti Rohe Moana Trust; Ngāti Whakaue ki Maketu; Tapuika Iwi Authority; Whakatōhea Māori Trust Board; Ngāti Ranginui Inc Society; Te Rūnanga o Ngāi Te Rangi; Ngāti Te Wai; Ngā Kaitiaki o Ngāti Whakaue; Te Rūnanga o Ngāti Manawa; A collective of Rūātoki Lands Trust Including: Tawa Kaiti Lands Trust, Te Manawa o Tūhoe A Trust and Te Pae o Tūhoe; Ngāti Tawhaki; Ngāti Kea Ngāti Tuarā; Te Patuwai ki Motiti; Te Rūnanga o Ngāti Awa; Ngāti Pukeko; Te Pahipoto; Ngāti
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 1 Page 43 of 170 Hokopu ki te Whare o Toroa; Ngāi Tamawera rātou ko Ngāti Maumoana, i huihui ai tātou ki te whakawhiti kōrero e pā ana ki te aromatawai mō te mauri o te taiao, me ōnā tikanga kei roto ki tēnā whānau, ki tēnā hapū arā me ngā tini iwi o te motu. Kei roto i a tāua ringa ngā whakanekeneke o te kaupapa nei me ngā korero kei roto i ngā mahere o te Kaunihera o te Toi Moana. Nō reirā, ki a koutou katoa, tēnā koutou, tēnā koutou, tēnā koutou katoa. The Te Hīhiri team acknowledges the time, effort, energy and hospitality extended by all of the iwi, hapū, whanau and land trusts entities we met with from May in Rotorua through to June 2017 in Maketu. The interviews and discussions were held at various venues and locations that were practical and suitable to the tangata whenua participants. As many of you expressed during the interviews that this is but the starting point for a greater discussion to occur with Toi Moana on the collective management of the regions physical and natural resources, where the assessment of mauri is but one of those conversations.
We also acknowledge the assistance and support given to by the Toi Moana policy and consents staff with background material and operational experiences in working with tangata whenua groups. In particular, Nassah Steed and Esta Farquhar for contacting and organising the consultation meetings dates and times with the tangata whenua participants. We also thank the Maketu Voluntary Fire Brigade for the use of their facilities for three consultation meetings.
Ka mutu, “e kore te kūmara e kōrero mō tōna ake reka” engari, me mihi ka tika ki ōku tuahine, ki ōku tuakana o Te Hīhiri i tautoko i tēnei kaupapa whakahirahira mō tātou te iwi Māori.
1.2 Tāhuhu Kōrero / Background
1.2.1 Regional Policy Statement
The Bay of Plenty Regional Policy Statement (RPS) promotes sustainable management of the natural and physical resources within the Bay of Plenty. The policies and methods within the RPS are set to achieve the integrated sustainable management of these resources. The RPS is the leading document for the management of natural and physical resources throughout the Bay of Plenty Region, and identifies the significant issues we are facing in the environment. Tangata Whenua as the constituent iwi, hapū, marae and land trusts are taking a more visible and proactive role in the environmental management spectrum at a local and regional level. The RPS is implicitly aligned with the key provisions of the Resource Management Act (RMA) 1991 and National Policy Statements. Part 2 of the RMA requires all persons exercising functions and powers under the Act to recognise and provide for various matters; this includes:
• Section 6(e) requires persons to recognise and provide for the relationships that Māori and their culture and traditions have with their ancestral lands, water, sites, waahi tapu, and other taonga. • Subsection 6(g) also requires the “protection of protect customary rights” under the marine and Coastal Area (Takutai Moana) Act 2011. • Section 7(a) kaitiakitanga and (aa) the ethic of stewardship requires that where the effects on kaitiakitanga exercised by tangata whenua are relevant, they should be considered and evaluated in the decision making process. • Section 8 further requires council to take into account the principles of the Treaty of Waitangi.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 2 Page 44 of 170
Māori / tangata whenua can also relate to all of the other matters identified in sections 6 and 7. However, the above matters relate specifically with the effects on Māori relationships with the environment, taonga, protected customary rights and the exercise of stewardship / kaitiakitanga. These RMA provisions have been incorporated into Part two of the RPS and are reflected in specific sections. Section 2.6, Iwi resource management, outlines the issues of significance to Iwi authorities within the Region regarding Iwi resource management. From this, a number of objectives are set to address these issues with corresponding methods to achieve such objectives. Method 44 is one of core Iwi guidance methods developed to implement the relevant policies, and address the objectives and issues which effect Iwi in the management of natural resources (Figure 1). The purpose of Method 44 is to develop robust methodology for assessing the mauri of natural resources for inclusion in future regional plan changes and regulatory frameworks (i.e. policy, methods and rules).
Figure 1 provides the context for Method 44 and the other Iwi resource management methods. Notes relating to Figure 1 above: 1. Resource Management Act 1991, is New Zealand's principal legislation platform which sets out how we should sustainably manage our environment based on an effects approach. 2. National Policy Statements provide crown objectives and policies on matters of national significance to be implemented by regional and local authorities’. 3. BOP RPS provides direction to the development of regional and district plans, resource consents and other regulations in the RMA and NPS. 4. The Operative RPS identified 10 regionally significant iwi resource management issues, with an additional 8 specific matters relating to Iwi authorities. 5. Objectives 13 to 17 in Table 6, seek to address the significant iwi resource management issues through all policies including 8 specific Iwi resource management policies and 8 methods / actions. 6. Monitoring provisions to ensure that the methods are achieving the objectives.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 3 Page 45 of 170
The implementation of Method 44 aims to help achieve the following objectives shown in the flowchart below in Figure 2.
• Objective 10: Cumulative effects of existing and new activities are appropriately managed.
• Objective 12: The timely exchange, consideration of and response to relevant information by all parties with an interest in the resolution of a resource management issue.
• Objective 17: The mauri of water, land, air and geothermal resources is safeguarded and where it is degraded, where appropriate, it is enhanced over time.
• Objective 21: Recognition of, and provision for, the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.
• Objective 30: The quantity of available water: (a) provides for a range of uses and values; (b) is allocated and used efficiently; (c) safeguards the mauri and life supporting capacity of water bodies; and (d) meets the reasonably foreseeable needs of future
Figure 2 Shows the RPS objectives, policies that Method 44 was created to achieve (see Appendix C for further descriptions of policies and objectives). generations.
At a regional planning level, the objectives, policies and methods included in the RPS are given effect by the corresponding provisions within the Bay of Plenty Regional Plans. Consideration of effects on mauri is required in the provisions of the Regional Plans, most notably the On-site Effluent Treatment Regional Plan, the Regional Air Plan, the Operative and Proposed Regional Coastal Environment Plans, the Regional River Gravel Management Plan, the Regional Water and Land Plan, the Rotorua Geothermal Regional Plan and the Tarawera River Catchment Plan. Generally speaking, the assessment of mauri is not dealt with in a consistent manner across these planning documents.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 4 Page 46 of 170
1.2.2 Mauri and kaitiaki / kaitiakitanga
From a Māori world view, ancestral knowledge, or mātauranga Māori, advocates that all living creatures and natural resources are infused with their own mauri and co-exist in a collaborative state. The maintenance of mauri is a traditional practice of ensuring that the relationship between all parts within the environment, including between people and the environment, is preserved. This practice forms a fundamental role of kaitiaki (guardian) and kaitiakitanga (guardianship). These practices are based on a natural order and inter-dependency of the cosmology traditions of Ranginui, Papatūānuku and their children as the guardians / gods of their respective domains. The personification of Atua and natural resources (maunga, awa etc.) reinforces the relationships and connections between people and the environment through the use of whakapapa (genealogy) as human relationships. Through transferring these human characteristics and values, indigenous cultures like Māori have developed a nurturing, caring and often territorial relationship with their maunga, awa and lands. Tangata whenua have seen these as ancestral relationships with their environment because Māori are connected to the land. “Ko au te awa, ko te awa au” - I am the river and the river is me. Kaitiaki, refers to the people who hold the mana whenua (territorial authority over that area) as rangatiratanga. Mana whenua / ahi ka must exercise its authority and leadership in accordance with the values of kaitiakitanga, to act unselfishly, with right mind and heart, and with proper procedure. Kaitiakitanga is a concept of collective obligations and responsibilities on the hapū to maintain and preserve the mauri of the environment or resource to sustain life. In addition to this, the definition of mauri and how it is perceived varies throughout Te Ao Māori (The Māori World) and can vary from Iwi to Iwi and internally between hapū and whanau; yet all definitions are true and correct for each kin group. This variation between hapū requires a series of individual assessments to be conducted between a range of Iwi and hapū representatives - with the intention of these assessments/interviews being to understand the individual’s definition of mauri and allow them to provide an authentic representation of the state of mauri in their rohe (territory). The ability to understand the traditional perspectives, values, customary practices, associations and principles that underpin the essence and energy that manifests itself within the concept of mauri is an empowering and enlightening journey for all. The RPS describes mauri as a key element required to sustain life in all living things in nature which must co-exist together:
“the essential life force, energy or principle that tangata whenua believe exists in all things in the natural world, including people. Tangata whenua believe it is the vital essence or life force by which all things cohere in nature.”
The second part of the definition prescribes to the belief and notion that mauri ebbs and flows and can be restored or lost over time by the actions of kaitiaki and is a reflection of maintaining the cohesion and balance on the environment. Kaitiakitanga is a divine relationship from the Atua that can be transferred to inanimate objects.
“When Mauri is absent there is no life. When Mauri is degraded, or absent, tangata whenua believe this can mean that they have been remiss in their kaitiakitanga
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 5 Page 47 of 170 responsibilities and this affects their relationship with the Atua (Māori gods). Mauri can also be imbued within manmade or physical objects.”
The Waitangi Tribunal in Wai 262 claims described mauri as the:
“life principle or living essence contained in all things, animate and inanimate. All things are infused with mauri (a living essence or sprit) that we are all related through a common whakapapa.”
The Tribunal discusses the principle values of mauri in the context of mātauranga Māori, whakapapa, whanaungatanga (kinship relationships) kaitiaki in a physical form with kaitiakitanga providing a system of law. Kaitiakitanga is seen as an obligation, arising from the kinship (whakapapa), to nurture and care for the physical well-being of people and the spiritual essence of the natural resources and feature. Mātauranga Māori is an essential element in assessing mauri. Traditional knowledge and observations of changes in the seasons, tides and weather patterns, maramataka or local planting or fishing calendars are examples of mātauranga Māori. This knowledge has been handed down through generations to those that reside in the area (ahi kā, haukāinga, kaitiaki).
1.3 Tangata whenua engagement
Toi Moana canvassed those Iwi, hapū and other Māori entities on their Iwi Authorities Contact List from the Māori Contacts Database about the opportunity to participate in the development of the Method 44 Mauri model project. A total of 26 tangata whenua groups (Iwi, hapū and trusts) agreed to participate in the project and be interviewed by BML.
Engagement with tangata whenua was undertaken by BML with hui held without Toi Moana staff to allow for focused discussion. Consultation hui generally ranged from one-and-a-half to three hours and where requested, were held with multiple groups resulting in a total of 14 interviews.
Prior to the interviews BML provided participants with a literature review that summarised current mauri models and other indigenous monitoring tools and examples relative to the implementation of Method 44 across a range of environments and scales. The Literature Review Report also included a summary of the hapū and Iwi management plans lodged with Toi Moana and focussing on the significant issues for the participating Iwi and hapū. At the time of preparing the review, an electronic copy of the Whakatohea Māori Trust Board management plan was not available for inclusion into the report. A copy of “Tāwharau O Ngā Hapū, Whakatohea Resource Management Plan, July 1993; was presented to BML at the interview held on 15 May 2017.
Participants also thought that the literature review could have included information on the significance of mauri from the Waitangi Tribunal Report WAI 262 “Ko Aotearoa Tēnei - A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity; Te Taumata Tuarua Volume 1 and 2” and Environment Court 2015 NZEnvC 90 Sustainable Matata v Bay of Plenty Regional Council & Whakatane District Council.
The review of existing assessment tools highlights a diversity of approaches. These approaches either focus on questionnaire/site assessment based systems, or process/decision support
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 6 Page 48 of 170
systems, as well as tools that are either focussed on a single environment (e.g. freshwater) or that can be applied across the range of environments, scales and issues.
BML also provided a questionnaire which was developed to guide the interviews (Appendix B). 2.0 KUPU WHAKAHOKI / Response
The discussion in the consultation sessions with each tangata whenua group were different in content and their experiences that reflected the physical nature of the rohe and the locations for each hui. However, during the discussions the same core values of mana whenua, haukāinga, hapū, mātauranga Māori, kaitiaki, kaitiakitanga, whakapapa and the historical accounts (korero) were raised that linked the people from these places to the mauri of the resources that have sustained them for generations. Mauri is a key element that is important to Māori environmental management. The other matter that has influenced the responses and opinions of tangata whenua were their past experiences in working with local and or regional councils on resource consent applications. The following sections are the main themes from our consultation interviews with the 13 groups with specific quotes from the interviews to emphasise each theme.
2.1 Mana whenua, ahi kā / ahikāroa
The first principle that all tangata whenua groups agreed on was, that the first point of engagement for the assessment of mauri of any natural resource must be with the kaitiaki who are the mana whenua or ahi kā of that area. These are the people that have the mātauranga Māori (traditional knowledge), observations, experience and relationships with specific sites and the wider cultural landscape. It is the kaumātua, kuia and kaitiaki of the mana whenua that will be able to provide a historical account of their sites and areas of significance (e.g. marae, papakāinga, pa, urupā, waahi tapu), mahinga areas, an indication of previous land use activities, predominant physical features, local events and the people that occupied the area. This is all useful information in determining the effects of proposed activities on the cultural relationships tangata whenua have with their lands, waters and other natural resources. The development of a mauri assessment framework or tool must be developed with the support, assistance and guidance of mana whenua. A framework around mauri will provide a structured approach that will assist some kaitiaki and other whanau members on the ground. In gaining an appreciation of the customary relationships that a specific site has in the context of that area with the wider catchment and district we are empowering our people through the transfer of traditional knowledge that builds a foundation of respect, understanding and responsibility. This reinforces the collective responsibility of whanau and hapū with the exercise of kaitiakitanga. “Mauri is intergenerational and looks at all aspects of life and the environment.” - Ngāti Kea and Ngāti Tuarā. “Tangata whenua need to be the ones that measure any environmental elements. Need to be living within the environment to feel Mauri. Ngāti Manawa are an integral part of their environment and have significant roles and responsibilities as kaitiaki over their rohe” - Ngāti Manawa.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 7 Page 49 of 170 2.2 Mauri
Mauri was immediately identified by all tangata whenua participants as a key cultural value for their respective entities and their roles and responsibilities as mana whenua, kaitiaki, trustee, hunter and harvester. The interviews produced a broad range of responses to the questions of ‘what is your Iwi / hapū view on the mauri of your natural resources and how would you make such as assessment?’ Further comments in regards to the description of mauri included; “Spiritual and historical connection to the land and water.” – Rūātoki. “Mauri is embedded in everything and it’s the glue that binds us all together” - Makino Cluster Interview. “Mauri is interconnected not isolated.” - Ngāti Manawa. “Mauri is alive in all places and is exciting.” - Whakatohea. “you are a living descendent of your tupuna carrying out the traditional and customary activities of your tupuna to ensure the mauri of the land, moana or river is enhanced and not degraded.” - Ngāi Te Rangi. “Geographical features could also encompass mauri” - Rūātoki. “Mauri is about our historical references what we know have seen” - Ngāti Whakaue ki Maketu.
The high level of confirmation of the importance of mauri by the respondents aligns with the results from the 2016 Iwi perceptions survey that the primary role of kaitiaki is to protect the mauri of natural resources in their rohe. 89% of the respondents considered that the mauri of the natural resources in their rohe had degraded in the past 5 years.
2.2.1 Te Mātāpuna o Mauri
All of the tangata whenua participants acknowledged and recognised that their traditional association with the principle of mauri in the environment is based on the common traditions and understanding that we are all connected through whakapapa from Papatūānuku and Ranginui and their children.
“Mauri has a whakapapa” - Tapūika.
“Mauri and wairua are all linked by whakapapa. Traditional relationship of whakapapa is based on the holistic approach of our Iwi Management plan.” - Whakatohea.
“Ko te whakapapa te mea i hono mātou ki te mauri. This can be interpreted to describe our traditional expressions of our genealogy that shows our ancestral descent from our Atua and the creation legends of Ranginui and Papatūānuku. Hence, our Atua transferred and gave mauri (the essence of life) to mankind, animals, plants and all natural resources.” - Rūātoki.
“Although mauri directly translates to ‘life essence’ it still means so much more to our people. This was expressed by the chairman in terms of a traditional values, principle and relationship with Papatūānuku, Ranginui and their children.” – Patuwai.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 8 Page 50 of 170
“The whakapapa behind mauri highlights the depth of relationship and responsibility tangata whenua have with mauri… although mauri directly translates to ‘life essence’ it still means so much more to our people.” - Ngāti Awa.
2.2.2 Diversity of views
There was a diverse range of Iwi groups (settled, mandated, in negotiations and Deed of settlement); hapū / marae entities and land trusts with ranging levels of experience in the environment management matters and processes. Throughout the interviews the definition of mauri varied between each group and in some hui between individuals within the same group. While these differences of opinion were noted they were also accepted as being correct. Ngāti Whakaue recognise and believe that the people within their rohe have their own specific definition of mauri, which in some cases it is believed that mauri “can’t be defined in words because it is infinite”. Mauri also ranged from being defined as purely the physical aspect of a resource, to a broader definition of including everything; that mauri is the life force and everything has a life force.
2.2.3 Holistic approach
Mauri includes physical sensory attributes and well-being of the environment (i.e. what it looks like, what are the associated sounds and smells / odours in the area and tastes) but also includes our cultural traditions and knowledge with our individual and collective spiritual welfare. This is a reflection of our holistic Māori world view. “Mauri is not viewed as an individual attribute/value, but needs to be taken into account with other Māori values” – Makino. “Kaitiakitanga, mauri, mana, mahinga kai and māra kai are viewed as being connected. Mauri is one component of mātauranga Māori.” - Tapūika
The Ngāi Te Rangi representative divided “mauri ora” into three parts to demonstrate the relationship principles of kaitiaki and mauri:
• “Ma” represents the spiritual relationship / connection with the environment / place; • “Uri” represents your whakapapa that you are a descendent of your tupuna; and • “Ora” represents that you are the living and physical connection with the environment.
Tangata whenua also recognise that the actions of other people in the community, as well as commercial and industrial land and water users, all impact on the mauri of the same environment. Therefore, they must acknowledge and manage their effects on the environment in order to protect the mauri of that environment/natural resource.
2.3 Regional Fresh Water
All tangata whenua groups raised the significance of water (in particular freshwater) to their people from a critical existence perspective, customary use, historical observations in catchments, current and future practices in their respective rohe. The nature of water is to flow
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 9 Page 51 of 170 or transpire through different environments. The values, properties and uses of water are different when it comes from the sky, flows through the land, river, lake or sea.
Water is essential to sustain life, if there is no water, there is no life. This is the same defining characteristic of mauri itself. This was expressed at the Rūātoki hui as “water is the most significant natural resource to all living things i.e. te mauri o te wai; he mauri te wai, kāre, ko te mauri i roto te wai i.e. water is the mauri, the life force that exists within all living things.”
Once again these interviews confirm the results from the 2016 Iwi Perceptions Survey that tangata whenua seek tangible opportunities to discuss their involvement in the regional decision making processes on water rights and interests with Toi Moana.
2.4 Mauri Framework
The prospect of developing a mauri assessment framework was seen as a positive opportunity by four participants we interviewed with the majority of six participants requiring more discussion (hui) and information to make a considered response and three seeking further internal discussions with kaitiaki and kaumatua. Some tangata whenua felt that measuring mauri in a precise quantitative way is not the nature of mauri and therefore, attempting to measure and express mauri using a model can only provide an indication to the state or effects on mauri and not a true reflection. “An important component of mauri is the spiritual well-being, feeling and the effects on the wairua of people. This is difficult to describe in words so it is hard to understand how it can be captured in a framework or model” - Ngāti Awa. Although, with this in mind, no paticipants considered the project was futile, several participants were sceptical about the outcomes of the framework assisting Iwi or not. The assessment of mauri is only one issue Iwi / hapū need to be considering along side other aspects of their cultural impact assessment report as well as other local subregional environmental and or economic issues. However, the consultation process did identify two tangata whenua assessment frameworks which could be developed into a regional method with further discussion with other Iwi and hapū groups. The other suggestion from Iwi participants was to develop a toolbox of options that mana whenua, hapū and Iwi could use to assist with an assessment of mauri as part of an existing cultural impact assessment report or a separate framework.
2.4.1 Tikanga Whakahaere framework
Ngāti Makino decided to meet collectively with repreresentatives from Ngāti Whakahemo, Ngāti Rangitihi, Ngāti Pikiao and the Motiti Rohe Moana Trust on 11 May in Maketu. This meeting was attend by 10 representatives. The meeting participants were clear that the development of Method 44 and the essence of mauri had been raised in previous submissions to Toi Moana and evidence presented by tangata whenua during the appeals against the decision to grant consent to dump remains of the MV Rena, equipment, cargo and debris field on Otaiti Astrolabe Reef. Iwi noted that Method 44 needed to be seen in the context of the other Iwi Methods (i.e. Methods 41, 42, 43, 45, 46, 47 & 48) and Iwi Resource Management Policies (IW 2B, 4B, 5B & 6B) in the RPS. They are a
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 10 Page 52 of 170
collective suit of tools for Iwi / hapū and Toi Moana to address Māori resource management issues. Toi Moana need to understand how these methods and rules can be applied to work together to recognise and provide for the environmental values and principles of whanau, hapū and Iwi.
The hui strongly expressed that “only whanau, hapū and Iwi with the relationships with the natural resources can assess the effects of any proposed consent activity on the mauri of that resource.” This recognises Policy IW 2B: Recognising matters of significance to Māori; Proposals which may affect the relationship of Māori and their culture and traditions must: (b) Recognise that only tangata whenua can identify and evidentially substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.
“BOPRC cannot assess the mauri of the environment without the engagement with the appropriate tangata whenua / mana whenua group(s).”
“Mauri is not viewed as an individual attribute or value but needs to be taken into account with other Māori values. Mauri is the glue, the binding of many things to create existence.” The meeting proposed the following recommendations: 1. “This collaboration of Ngāti Makino, Ngāti Pikiao, Ngāti Whakahemo, Ngāti Rangitihi and Motiti Rohe Moana Trust is continued and resources by BOPRC and the Boffa Miskell team to complete a Mauri Tikanga Whakahaere framework model. 2. The next stages of the framework are planned together in a group workshop. 3. BOPRC be invited to participate in the workshop.” These recommendations were accepted by Toi Moana as a one off for the project and a tikanga whakahaere workshop was held on 14 June 2017 in Maketu. Dr Kepa Morgan the General Manager of the Ngāti Makino Iwi Authority and Carlton Bidios of Ngāti Ranginui Inc. Society attended the workshop as well as three staff from Toi Moana; Nassah Steed, Esta Farquhar and Clarke Koopu. The purpose of the workshop was to develop the concept of a tikanga whakahaere framework for mauri as a best practise model as a Māori kaupapa framework. The meeting discussed the difference between a mauri framework and a mauri model. The meeting concluded that a “framework” sets out the process, considerations and how tangata whenua, mana whenua, ahi ka or haukāinga are empowered to carry out their “tikanga” (the principles and values of mauri) “whakahaere” (in an agreed process). The framework ensures that the findings from the mauri assessment are binding on parties involved in the resource consent process and that the mauri assessment can’t be avoided or disregarded in making the final decision. Other points included:
• The integrity of the frame work is maintained through transparent decisions about what the priorities are for the mauri of that site and its environment. • The framework should recognise the Treaty of Waitangi, best practice models, international conventions and other RPS methods and Iwi policy provisions. • The framework is used by all users Māori and non-Māori. • The framework needs to be defendable in hearings and the environment court and a tool that is supported and promoted by Iwi, hapū and whanau in Te Moana o Toi. Being
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 11 Page 53 of 170 inclusive and addressing the matters that non Māori would consider important i.e. what are the economic, social, environmental and cultural benefits of assessing mauri. A “mauri model” is a tool that simulates environmental conditions prior to the effects of the activity. This takes into account the environmental conditions that are being assessed at the time and then considering the effects on the site from new activities. The model is subjective and measures what is happening in the simulation and the effects on mauri indicators.
Dr Kepa Morgan introduced the Aashukan Declaration from an indigenous conference he attended in March 2017 as an international framework the workshop could review. The framework includes the following 4 components:
1. ‘Indigenous Peoples’ Rights are the foundation upon which all discussions must be initiated. Following international best practices, this includes territorial Rights, the Right to self-determination and the Indigenous Right to say YES or NO. 2. Relationships must have integrity and be based on humility, respect, reciprocity, community empowerment, sharing, mutual learning, and sustained and long-term engagement. Our timelines are based on our values, processes and social organization, and should be respected. 3. Processes must achieve clear communication, transparent decision making, be inclusive and be founded on the worldview of the Indigenous Peoples that are impacted. 4. Outcomes must be multi-faceted and oriented towards mutual benefits, a commitment towards the prevention of harm, and the enhancement of the well-being of Indigenous Peoples based on their own definitions and criteria.” These principles were discussed and compared with Iwi and hapū co-governance / co- management framework used by Carlton Bidois and the Department of Conservation to produce the following “tikanga whakahaere framework” in the table below: Table 1 Four principles of the “tikanga whakahaere framework” suggested by the Ngāti Makino cluster with relevant actions and comments. Mana Tuku Iho – Mana Whakahono Mana Whakahaere Mana Motuhake (Indigenous Values (Relationships) (Engagement (Assessment and Rights) Process) Outcomes) Empowers the mana Whanaungatanga, Iwi Collaboration, Mana Motuhake / whenua or ahikāroa working with Iwi, hapū mutually beneficial for Rangatiratanga (self- to undertake the and local and Toi all parties. determination). assessment of mauri. Moana. Māori world view of Manaakitanga (the Kanohi ki te kanohi Active protection and Te Taiao. Physical, process of respect, engagement at the restoration of the observations. generosity and care marae. mauri of natural for others) resources. Pūkenga, kaumātua Tau utuutu (reciprocal Transparent, Enhancement of and kuia are involved. relationships) accountable and mauri of natural robust. resources. Mātauranga Māori Hapū wānanga on Responses to Training and (traditional Māori proposal, issues and process to mana development for Iwi / knowledge). response. whenua issues hapū and Toi Moana. Taonga tūturu, sites Rangatiratanga for Iwi Genuine engagement Sustainability of of significance and and hapū with Iwi and hapū. natural resources. other resources. Whakapapa and Mutual sharing of Iwi / Clear communication Reinforces those
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 12 Page 54 of 170
Mana Tuku Iho – Mana Whakahono Mana Whakahaere Mana Motuhake (Indigenous Values (Relationships) (Engagement (Assessment and Rights) Process) Outcomes) whakawhanaunga- Māori learnings and between parties. principles and values tanga. knowledge with Toi expressed in the in Moana and others. mana tuku iho Kaitiaki roles and Founded on the. column. kaitiakitanga world view of responsibilities. indigenous peoples.
If it needs to be Strengthens the Holistic / uses all Prevention of harm. monitored, it needs to relationship between information available. be assessed. Iwi / hapū & Toi Moana. Tapu and noa Takoha (gift, pledge, Responsive and GIS compatible and principles. or donation). respectful. kaitiaki apps? Opportunity to meet Mutual respect. Inclusive and binding Monitoring against on site as well as the on all parties. previous forecasts marae. Accurately reflects and cumulative different effects. understandings.
The proposed framework can also be represented in the flow chart below.
Figure 3 Describes the relationships between the four components of the mauri assessment framework.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 13 Page 55 of 170 The Makino Collective developed an initial tikanga whakahaere framework based on their collective understanding of mauri as iwi and hapū practitioners. The proposed framework comprises four core components that follow a sequence of stages as detailed in the table and summarised in the flowchart above. The framework seeks to empower and resource mana whenua in the assessment process by providing the applicant and the Toi Moana with a detailed overview of the traditional information and relationships mana whenua use in the assessment process. “Mana tuku iho” describes the foundation of indigenious knownledge (mātauranga Māori) and cultural expertise that is inherent with the mana whenua tikanga and kawa (traditions, customs and protocols) associated with their observations and practices of kaitiaikitanga over the land and other natural resources in the area. Mana whenua can be represented by land owners, / trusts, marae, hapū and or Iwi entities. The relationship principles of whanaungatanga, manakitanga, tau utuutu and rangatiratanga occur under “mana whakahono” at three primary levels. The first level are those relationships between mana whenua and those natural resources in the rohe. Secondly relationships are with overlapping interests with neighbouring kin groups in the area. The third tier of relationships with the wider community including applicants and Toi Moana. These relationship principles are intergrated across the other three components of the framework. The mana tuku iho and mana whakahono components both contribute to the “mana whakahaere” engagement process. Mana whenua meet collaboratively with applicants and or Toi Moana to reach agreement on the mauri assessment process. The outcomes from the mauri assessment framework will be recognised and incorporated into the outcomes of the mana motuhake process. The mana whenua groups or groups that will be incoroporated into outcomes phase outlined as “mana motuhake.” However, the key trigger for the framework is the ability of Regional, District and City Council’s to identify the hapū and Iwi group or groups who have the mana whenua interests in the area to participate in the process. Without this direction from Toi Moana in identiftying the most appropriate tangata whenua groups with these relationships to meet with applicants the mauri framework is unlike to suceed. Hence, Toi Moana have a significant responsibility in implementing the current Iwi resource menagement provisions in the Regional Policy Statement to give effect to this mauri engagement framework. Section 35A in RMA requires all territorial authorities to maintain their respective Iwi and hapū contact information data base to ensure they can identify the appropriate mana whenua entities. Further development of this framework is required with the members of the Makino collective workshop to confirm the discussion and consider how this approach could be further refined and discussed across the region with the Komiti Māori. The Makino Collective were also considering the option to develop the mauri framework independently of the Toi Moana and not go through the RMA Schedule 1 notification process as a separate plan change.
2.4.2 Whakatohea kaitiakitanga framework
Whakatohea Māori Trust Board use their original Iwi Management Plan “Tāwharau o ngā Hapū o Whakatohea” from 1993 and are currently updating the plan with Toi Moana. The kaitiakitanga principles and values recognised in the 1993 Tāwharau Plan are still applicable today. The principles of kaitiakitanga that are practised by Whakatohea are based on a system of
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 14 Page 56 of 170
traditional tikanga values undertaken by kaitiaki to care and manage their taonga (natural resources) in a holistic approach. These traditions, philosophies, concepts and values of the natural world originate from the origins of Ranginui and Papatūānuku to create:
• Te taha tinana (the physical reality – i.e. body) • Te taha hinengaro (the intellectual plane – i.e. mind) • Te taha wairua (the spiritual realm – i.e. spirit)
Figure 4 The three guiding principles of Whakatohea; Te taha tinana (the physical reality), Te taha hinengaro (the intellectual plane), Te taha wairua (the spiritual realm). The children of Ranginui and Papatūānuku created, settled and maintained different domains from the sky, to the mountains, rivers lakes and the sea; passing the mana to their children and breathing the mauri or life force which emanates from Io to each Atua. These traditions recount and recognise how all things in the natural world are interrelated and interconnected through whakapapa (genealogy). The transfer of mauri (the essence of life) and mana (authority) from Io Matua to Ranginui and Papatūānuku and on to their children, the Atua; Tangaroa, Tāwhirimātea Tāne-mahuta, and eventually down to people through Hineahuone.
Ngā Taonga o Whakatohea refers to all tangible or intangible taonga (property, resources, people, tribal treasures etc.) that contributes to the tribes intellectual, physical and spiritual wellbeing.
With the passing of mana are also the responsibilities of kaitiakitanga to one creators, Whakatohea as Tangata Whenua with mana whenua belong to the land and have kaitiaki responsibilities to it and maintaining the balance between the three elements of tinana, hinengaro and wairua.”
“Mauri generates, regenerates and upholds creation, binding physical and spiritual elements of all things together. When something dies, the mauri is no longer able to bind those elements together and thereby giving life. Without mauri nothing can survive.”
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 15 Page 57 of 170 This framework has stood the test of time from their 1993 Iwi management plan as these three elements are is still being assessed by the Whakatohea Board in 2017.
2.4.3 Effectiveness of Method 44
Concerns were raised that the ‘weight’ behind these assessments would not be sufficient to make an impact on decision making. Tangata whenua feel that often it is the economic aspect that takes precedence over any other (i.e. environmental and cultural).
Another concern raised is whether the acceptable quality and standards of the environment are lower than the expectations of tangata whenua. If so, the issue then arises if the scientific standards override the cultural/mauri standards.
Ngāti Whakaue ki Maketu commented that the development of a mauri assessment framework is a good opportunity for Māori but the implementation success is a concern. Ngāti Makino also mentioned that they hope that the process doesn’t stop at producing a report and that this project continues to develop into something meaningful.
2.4.4 Lack of capacity
A few tangata whenua groups mentioned that the increased growth and development is increasing direct, indirect and cumulative effects on the environment, and with the increasing activity hapū are finding it harder to engage effectively due to their level of capacity. As well as this, tangata whenua are being asked to engage on a number of small projects whilst they are attending to other priorities of higher levels (e.g. national policy and NPS submissions) further exceeding their level of capacity.
Furthermore, the lack of capacity and resources that the tangata whenua groups hold have often left them providing a reactive approach to the initiatives of council and consent applications which stretch their capability. Tangata whenua strive to develop a proactive approach by developing up to date and well informed hapū management plans to avoid repetition and unnecessary work.
2.4.5 Request for further discussion
The request for further discussions with Iwi regarding this project was one of the most common issues raised. This was twofold; 1. Iwi considered that restricting the number of meetings to one per iwi for the development of a new framework was unrealistic and not a good process that builds trust and understanding between Iwi and Toi Moana. Some Iwi also thought that the discussion of mauri would have been time in the context of the mātauranga Māori strategy and Te Mana o Te Wai.
2. Participants also agreed that this discussion and any framework must be progressed with the wider Iwi, hapū and kaitiaki across the whole region i.e. Komiti Māori. “The Rūātoki Lands Trust thought it was a good approach however, it was recognised as only the beginning and would require further workshops with hapū or collective wānanga to confirm the framework.”
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 16 Page 58 of 170
2.5 The Role of Toi Moana
As outlined above, tangata whenua and mana whenua support the opportunity to develop, implement and monitor a mauri assessment tool. An iwi developed assessment tool will provide structure for tangata whenua to engage with council at a regional and local level.
The role for Toi Moana is to implement the effective use of the RPS objectives, policies and methods that will give effect to the environmental issues raised by tangata whenua, including Method 44. Key themes regarding the role of Toi Moana revolved around strengthening tangata whenua relationships and where appropriate providing adequate resources for engagement.
2.5.1 Relationships with Iwi
Working together is key to efficient and constructive progress. Tapūika highlighted that it is essential to build positive working relationships with Toi Moana to progress a mauri model. Tangata whenua considered their relationships with Toi Moana in the past have not always met their requirements and expectations to address current and future matters of significance to tangata whenua i.e. water allocation, mātauranga Māori and mauri.
Toi Moana have a wide spectrum of relationships with Iwi including Treaty Settlements arrangements (i.e. co-governance and co-management agreements) in managing natural resources. The recently announced Mana Whakahono a Rohe agreements will provide opportunities for Iwi and hapū to develop formal relationships with Toi Moana. Iwi raised the issue of staff turnover at Toi Moana has contributed to some of the relationships issues with Toi Moana. Often the relationship is with the person within the council role and once they leave the relationship is lost and has to be rebuilt with a new staff member. This takes a lot of time and can become repetitive, tiring and inefficient to respective parties.
2.5.2 Communication with Iwi Communication is expected to be made with the right people with the relationships, in a clear way which they understand and with a sufficient time to be able to develop an effective response. Communication is seen as a key to maintaining effective working relationship, with most of the participants agreeing the that current standard of communication could be improved to address a lack of information and late notification. The resource consents process was identified as one of those areas of concern for tangata whenua where they have insufficient amount of time to provide an effective input into the process. The ability to require consultation with affected tangata whenua in the pre application phase of the process would assist with this situation. Given the importance of the kaupapa some participants felt that Toi Moana staff should have been present at the meetings and a few were unclear on what was required of participants at the meeting. “Ngāi Te Rangi has a kaitiaki forum and they mentioned that it would have been more effective to have been informed about the hui and the project earlier to be able to notify the forum of this project. They suggest that BOPRC could ensure that their point of contact is up to date and that enough time and information is providing to adequately disperse information.”
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 17 Page 59 of 170 2.5.3 Resourcing engagement with Iwi
The engagement for kaitiaki to prepare an assessment on mauri on a natural resource should be prescribed in the assessment framework. This assessment on the effect of Mauri can be incorporated into the preparation of a cultural impact assessment report that provides the holistic context. Kaitiaki will also be involved in the monitoring and reporting for any mauri conditions for the consent.
“In addition to funding and supporting Iwi and hapū to undertake mauri assessments etc. is to create roles for Iwi at the same level of authority as the CEO to deal with various matters at an Iwi executive level. Māori staff need to be throughout whole structure and process to avoid the conflict and Environment Court processes.”
3.0 MATAPAKI / Discussion
3.1 Regional Policy Statement
The RPS manages a series of multiple layers of actions, responses and policies to balance the community growth and development aspirations with the social and cultural environmental imperatives that challenge conservative financial business models. This is a complex relationship matrix that tangata whenua must navigate and understand to participate effectively in the management of all natural resources and in particular those taonga within their rohe. The RPS provides for Iwi resource management policies where 6 are specific directive policies for resource consents, regional and district plans, and notices of requirement and a noted with “B” after the policy number. These 6 Iwi policies (i.e. IW 1B; IW 2B: IW 3B; IW 4B; IW 5B AND IW 6B):
• must be given effect by regional or district plans;
• consent authorities must have regard to where relevant and considering consent and any submissions received; and
• territorial authorities must have particular regard to, where relevant, when considering requirements for designations or heritage orders and any submissions received. Iwi policy 7D and 8D are identified as guiding policies that outline actions to help achieve the policy objectives. While a lot of good work has gone into the Iwi resource management issues, objectives, policies and methods in the operative RPS. The implementation of the methods such as Method 44 need to support the aspirations of Iwi and hapū to be involved in local and regional decisions without challenges in the Environment Court. The RPS provides directive and guidance methods / actions to implement the policies and objectives. The four directive methods associated with the Iwi resource management policies include:
• “Method 8, to identify areas or sites in the coastal environment of significance or special value to Māori;
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 18 Page 60 of 170
• Method 11, recognise statutory acknowledgement areas (e.g. within Treaty settlements, added for this report)
• Method 12 Take into account Iwi and hapū management plans in the assessment of environmental effects and,
• Matakana Island plan.” These methods must be given effect by regional and district plans. The majority of the methods associated with the Iwi resource management policies are guidance in nature and seek to advance, enhance and promote the implementation of those policies. For some of the tangata whenua participants we spoke with, the directive of method 3 falls short in practice on the ground on the methods identified in this report. For example, elevating Methods 41 and 42 as directives to promote consultation with potentially affected tangata whenua reinforces the requirement of early engagement based on tikanga Māori with mana whenua groups at the pre application phase. Method 45 provides for the engagement of tangata whenua in the development of regional plans, provides the opportunity for tangata whenua involvement at a strategic regional development level of planning across the region. Iwi and hapū practitioners know that relying on the resource consent process to protect their cultural resources and relationships is not a solution it is merely business as usual and facilitates the continued loss of these relationships. It is noted that Method 3 gives effect to a range of policies including the Iwi resource management polices with respect to “resource consents, notices of requirement and when changing, varying, reviewing or replacing plans” are important to tangata whenua. However, Method 44 also refers to additional RMA processes of:
• state of the environment monitoring, and
• monitoring the efficiency and effectiveness of plan provisions To achieve the successful implementation of Method 44, it must be in the context of other methods and not addressed in isolation. All iwi resource management methods and policies should be applied to work together to recognise and provide for the environmental values and principles of whanau, hapū and Iwi needs to be understood by all councils.
3.1.1 Mātauranga Māori
Tangata whenua are clear that mauri plays a significant role and is a core principle in the Māori management of natural resource. As many of the participants articulated the essence of mauri from its divine original from the Atua to their children and then on all living things including people. Some participants were concerned around how mātauranga Māori and intellectual property associated with mauri provided by kaitiaki / mana whenua would be used by Toi Moana. Iwi wanted to ensure that mātauranga remains with the original sources and not Toi Moana. It would seem that these valid concern and queries raised by participants may have been addressed through the outcomes and direction from the mātauranga Māori project due for completion in December 2017. It is important that the implementation of Method 44 Developing Mauri Models aligns and is progressed with the Mātauranga Māori project.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 19 Page 61 of 170 The Waitangi Tribunal Report “Ko Aotearoa Tēnei” Wai 262 Volume 1 and 2 (2011) provides public access to detailed explanations on the origins of mauri in the natural environment and inanimate taonga, art forms and building. This report would have been part of the literature review for the Mātauranga Māori project. Tangata whenua raised the concern that they may need to provide evidence to justify outcomes of assessments which may require tangata whenua to provide more information than they are comfortable providing. There were concerns that a framework may not be effective for tangata whenua and therefore it may not be worth investing time into the project.
3.2 Mauri Frameworks
3.2.1 Recognition of Mana Whenua
The strongest points raised by tangata whenua in respect to the development of any framework was that it must be initiated and developed with mana whenua group or groups who are associated with the site, area and or resource. The frame work must also resource and empower mana whenua to be engaged and work with applicants and or Toi Moana. This gives effect to Policy IW 2B: Recognising matters of significance to Māori; Proposals which may affect the relationship of Māori and their culture and traditions must: (a) “Recognise and provide for: (i) Traditional Māori uses and practices relating to natural and physical resources such as mahinga, mātaitai, waahi tapu, papakāinga and taonga raranga; (ii) The role of tangata whenua as kaitiaki of the mauri of their resources; (iii) The mana whenua relationship of tangata whenua with, and their role as kaitiaki of, the mauri of natural resources; (iv) Sites of cultural significance identified in iwi and hapū resource management plans; and (b) Recognise that only tangata whenua can identify and evidentially substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.” The ownership of the mātauranga Māori associated with the project will always remain with the mana whenua.
3.2.2 Whakatohea Framework
The kaitiakitanga framework developed by Whakatohea provides a concise approach that allows their kaitiaki to describe the essential components of tinana, hinengaro and wairua that form the mauri of their natural resources in a traditional context. The framework is easily understood by all age groups and levels of engagement including whanau, hapū, Iwi and land trusts. The framework can be easily applied to all natural resources types from the mountains to the sea and is owned and controlled by Whakatohea kaitiaki.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 20 Page 62 of 170
The engagement with local authorities, Toi Moana and wider Whakatohea community will be initiated by Iwi or in response to resource consent applications or other RMA requests.
3.2.3 Ngāti Makino Cluster
The Ngāti Makino Collective framework includes the 3 core values identified in the Whakatohea model and incorporates strengthen relationships with engagement protocols and outcomes process. The initial details of each of the four principles have been raised for discussion and debate with the original architects and the wider the tangata whenua participants across the Bay of Plenty region. The framework seeks to break new ground by going beyond the boundaries of just an assessment tool for mauri but seeking the opportunity to address the gaps in the existing resource consent process and the participation in the decisions making process.
There are challenges for both Iwi and Toi Moana in this framework. The process will rationalise the working relationships between Iwi, hapū, mana whenua and land trusts in the engagement, administration and communications roles and functions for the framework. While the Toi Moana will have its own challenges on giving effect to the RPS provisions to resource and engage tangata whenua in implementation of the Iwi resource management policies and methods.
Further refinement of this framework between Toi Moana and Iwi is required before it is circulated to a wider Iwi / hapū forum for consideration.
3.2.4 Benefits to Tangata Whenua
Tangata whenua agree that mauri is continually being degraded over time by the cumulative impacts of population growth and the rate development required to keep pace with the rate of growth. It is clear that the greatest opportunities to effect change on the environment are at the high strategic level of growth and development. A mauri assessment framework that is applied at this strategic level will have greater environmental effects and benefits for Iwi/hapū, and the whole Toi Moana region. The implementation of Method 44 framework will require the support of other methods and policies identified in figure 3 as well as an effective Iwi engagement, capacity building and communication framework will also assist the resource consent and monitoring process for tangata whenua. The resource consent process is shown in the chart below (Figure 5) including the RPS provisions in the pre-application phase, consultation triggers, mauri assessment toolbox and monitoring options in the council decision. Equally, the same framework could be incorporated into state of the environment reports. This application can be used to determine the potential adverse effects from a proposed activity on the mauri of the environment and identify ways to avoid, remedy, or mitigate these effects.
Some Iwi have also suggested the development of a regional toolkit of existing assessment frameworks and models that could assist tangata whenua with their assessments of effects on the mauri of natural resources. A mauri assessment toolkit with current frameworks and models would provide tangata whenua with a repository of current tangata whenua practise tools as working examples. Key aspects of a toolkit are:
• Repository of mātauranga Māori practise models from around the Country will encourage others to participate in the process.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 21 Page 63 of 170 • Iwi and hapū don’t have to “reinvent assessment models/frameworks” for similar environmental scenarios or consents that have already been develop by other Iwi groups from around the country. • A toolkit would assist in providing a timely and costs effective response. • Hapū/iwi can lead the development of new of assessments models and frameworks. • Encourages/promotes Iwi/hapū diversification. • Toolkits will assist hapū/iwi and council staff.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 22 Page 64 of 170
Figure 5 Flow chart of where a mauri assessment will sit within the resource consent application.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 23 Page 65 of 170 4.0 TE WHAKAMUTUNGA / Conclusion
The purpose of this report was to inform Toi Moana on the possible frameworks, tools or models Iwi and hapū use to measure the effects on the mauri of their natural resources. The report is based on the outcomes from consultation meetings or interviews organised by the Toi Moana between Iwi representatives and Boffa Miskell Ltd. It was envisaged that Iwi would be prepared to share this type of information and their preferred methods. All of the participants agreed that mauri was an important value and principle to tangata whenua in the management of the whole environment and natural resources. Kaitiakitanga revolves around the maintenance and management of the mauri of individual and collective environments and natural resources. Two mauri frameworks have been suggested from the consultation interviews and are promoted by BML in this report. The proposed frameworks have not been discussed with the other tangata whenua participants or exchanged between Whakatohea and the Ngāti Makino collective group. The Whakatohea kaitiakitanga framework focussed on the three core values of mauri being te taha tinana, te taha hinengaro and te taha wairua that exists within all of their taonga and the natural resources. The framework is controlled by Iwi, is easily applied and determined by hapū and mana whenua to any natural resource. The Ngāti Makino tikanga whakahaere framework was developed from a specific workshop during the interviews and is based on their collective understanding of mauri as iwi and hapū practitioners. The framework seeks to empower and resource mana whenua in the assessment process through the implementation of the provisions in the RPS to ensure tangata whenua are engaged and in particular Policy IW 2B: Recognising matters of significance to Māori, and IW 5B adverse effects on matters of significance to Māori. Some Iwi participants also expressed the idea of developing a regional toolkit or toolbox of assessment frameworks and models that tangata whenua could utilise as part of the assessment process. This would assist Iwi in identifying the key components for an assessment framework or model and learning from their experiences. The majority of tangata whenua interviewed could see the positive opportunities of developing a framework that was supported by Toi Moana regional policies tools and resources. At the same time some tangata whenua were sceptical of the framework being supported by large land developers and the private business sector and would require further consultation. Some tangata whenua interviews revealed that Iwi were not prepared to share their processes and were unable to develop a specific assessment framework from a single consultation meeting. Tangata whenua have requested further meetings with additional mana whenua representatives at marae to collate a wider view on a framework. In conclusion, the interviews have for the most part indicated a positive interest in developing ways to assess mauri. It’s believed that by addressing the issues outlined by tangata whenua in this report that the initial scepticism and relationship issues raised against the project can be alleviated to provide positive progress towards developing ways to measure mauri. We believe that methods for assessing mauri can be achieved and would be better developed through investing more time and integration with the Mātauranga Māori project.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 24 Page 66 of 170
5.0 TŪTOHUNGA / Recommendations
Based on the consultations undertaken with tangata whenua and our assessment, we make the following recommendations:
The following recommendations have been developed by the BML team based on the initial consultation undertaken with tangata whenua and our experience and expertise in working with Iwi and hapū practitioners and territorial authorities’ on the environmental management processes. We did not have the opportunity to workshop the proposed mauri assessment framework with the original tangata whenua participants.
The following represents an option for continued discussion between Iwi / hapū and Toi Moana.
Mauri Assessment Framework A mauri assessment framework could be used for assessing applications for resource consent, monitoring consented activities, monitoring the state of the environment, and monitoring the efficiency and effectiveness of plan provisions, where these involve matters of significance to Māori. Important notes that support and enhance the framework: • Recognition that the people who have the traditional cultural relationships with an area, site or natural resources, and maintain the mana whenua (recognised local authority), are the first point of contact for the assessment of mauri under the mauri assessment framework. • To facilitate the identification of the mana whenua groups, Toi Moana and other local councils must maintain and provide access to accurate information on the rohe (boundary/areas) for each Iwi across the Bay of Plenty region for the general public/potential applicants to identify who they need to consult with to carry out the assessment. Not all local authorities provide this information to the applicants. However, this information can be obtained from various sources including Te Puni Kokiri, Te Kahui Māngai website, Treaty of Waitangi Settlement legislation deeds and also Iwi/hapū environmental management plans • The mauri assessment framework requires the collaboration between mana whenua, applicants in the consent process and Toi Moana with the state of the environment reports and the efficiency and effectiveness of plan provisions on matters of significance to Māori. • Once the applicants has identify who the mana whenua groups are to engage; they can request a meeting to introduce the proposed activity/project with the appropriate entity or entities and to determine their initial information and process requirements.
1) An assessment framework could include the following stages: a) Mana Tuku Iho (indigenous values and rights) and Mana Whakahono Relationships Principles Mana whenua review their traditional repository of cultural information and knowledge to identify what information is required to undertake an investigation of effects on the
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 25 Page 67 of 170 mauri of the natural resources within their rohe based upon the receipt of an invitation to meet and discuss a proposal affecting their rohe. The following information be provided to mana whenua including: site and location maps, archaeological survey and report; ecological report, location of any cultural sites of significance recorded in the regional and district plans, an indication of proposed earthworks, and effects on any waterways. b) Mana Whakahaere Mana whenua meet the applicant and/or Toi Moana to discuss the initial assessment of effects based on the initial information provided on the proposed activity. Both parties will determine the assessment process, timeframes, costs, required to undertake the final mauri assessment report. c) Mana Motuhake Mana whenua present the final report to the applicant and/or Toi Moana and agree on how the recommendations will be implemented. Toi Moana should provide a series of information, awareness and guidance workshops and handouts on the final mauri assessment framework, internally with the consents team and presented at an appropriate the Komiti Māori meeting.
2) Mauri framework development a) Toi Moana work with the Makino Collective and the Whakatohea Māori Trust Board to progress the development of their respective frameworks. b) Develop a toolbox of cultural environmental assessment tools for use by kaitiaki across the region (Appendix F provides a suggested toolbox approach). c) A review and alignment of the mauri assessment framework and the internal Mātauranga Māori Framework will be undertaken by the Māori Policy Team.
3) Toi Moana to consider: a) As part of the 5 yearly monitoring of the effectiveness of the RPS the extent to which the iwi resource management provisions are achieving collaborate and involved engagement of iwi, hapū and kaitiaki in the resource management decision making process and how this aligns with the IAP2 levels of public engagement. b) Consider developing a pool of Iwi technical advisors to assist Toi Moana in developing responses to the significant resource management issues facing tangata whenua across the region including for example: mauri, freshwater, climate change. i) The Māori Policy staff to develop the scope and terms of reference for Iwi technical advisory group to assist Council on matters of significance to tangata whenua such as mauri of natural resources, how to incorporate “te mana o te wai” in the water management and allocation processes, and strengthening Council and Iwi relationships. c) Invest time and resources into developing at least three mauri pilot projects to test and assess the mauri framework.
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 26 Page 68 of 170
d) Staff to actively promote the inclusion of mauri assessment framework when hapū/iwi are in developing or revising their environmental management plans under the RMA.
6.0 KŌHINGA KŌRERO / References
Boffa Miskell Limited (2017). Method 44 Developing Mauri Models: Literature Review Report prepared by Boffa Miskell Limited for Toi Moana.
An electronic version of the Whakatohea Māori Trust Board Iwi management plan: Tāwharau o ngā Hapū o Whakatohea (1993) is not available on the Toi Moana website link below: https://www.boprc.govt.nz/council/kaupapa-maori/hapūIwi-resource-management-plans/
Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review | 10 August 2017 27 Page 69 of 170 Page 70 of 170
Appendix A: Glossary
Ahi kā / ahikāroa: burning fires of occupation, continuous occupation - title to land through occupation by a group, generally over a long period of time (Māori Dictionary).
Atua: A god or gods (Māori) (RPS). haukāinga home, true home, local people of a marae, home people (Māori Dictionary). hinengaro mind, thought, intellect, consciousness, awareness (Māori Dictionary). kaitiaki trustee, minder, guard, custodian, guardian, caregiver, keeper, steward (Māori Dictionary). kanohi ki te kanohi face to face, in person, in the flesh (Māori Dictionary). karakia: prayer (RPS). kaumātua: Elder (RPS). kaupapa Māori: Māori way or method (RPS). kōrero: Narrative (RPS). mana motuhake: separate identity, autonomy, self-government, self-determination, independence, sovereignty, authority - mana through self-determination and control over one's own destiny (Māori Dictionary). mana tuku iho: inherited authority (Māori Dictionary). mana whakahaere: governance, authority, jurisdiction, management, mandate, power (Māori Dictionary). mana whakahono – agreement mana whenua: territorial rights, power from the land, authority over land or territory, jurisdiction over land or territory - power associated with possession and occupation of tribal land. The tribe's history and legends are based in the lands they have occupied over generations and the land provides the sustenance for the people and to provide hospitality for guests. (Māori Dictionary) manaakitanga: hospitality, kindness, generosity, support - the process of showing respect, generosity and care for others (Māori Dictionary). mana whakahono a rohe: a legal agreement between Iwi and/or hapū and councils under the Section 58O of the RMA. mātauranga: knowledge, wisdom, understanding, skill (Māori Dictionary). mauri: The essential life force, energy or principle that tangata whenua believe exists in all things in the natural world, including people. Tangata whenua believe it is the vital essence or life force by which all things cohere in nature. When Mauri is absent there is no life. When Mauri is degraded, or absent, tangata whenua believe this can mean that they have been remiss in their kaitiakitanga responsibilities and this affects their relationship with the Atua (Māori gods). Mauri can also be imbued within manmade or physical objects (RPS).
Page 71 of 170 Appendix A: Glossary Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review noa: to be free from the extensions of tapu, ordinary (Māori Dictionary). pūkenga: Tangata whenua persons acknowledged by their Iwi, hapū or whānau as having the appropriate knowledge, expertise and genealogical linkages to allow them to assist kaitiaki to determine and express the group’s relationships and their culture and traditions with their ancestral lands, water, wāhi tapu, special sites and other taonga (RPS). rangatiratanga/Tino rangatiratanga: Chiefly authority, chieftainship, full tribal authority to tribal self-management. In the context of resource management this means the right of Iwi and hapū to manage and control their resources in accord with their customary preference (RPS).
Rauemi: resource, material (Māori Dictionary). koha: to gift, present, offering, donation, contribution (Māori Dictionary). tangata whenua: local people, hosts, indigenous people - people born of the whenua, i.e. of the placenta and of the land where the people's ancestors have lived and where their placenta are buried (Māori Dictionary). taonga: Treasure, property; taonga are prized and protected as sacred possessions of the tribe. The term carries a deep spiritual meaning and taonga may be things that cannot be seen or touched. Included for example are te reo Māori (Māori language), Waahi Tapu, waterways, fishing grounds and mountains (RPS). tapu: Sacredness or beyond common usage (RPS). tau utuutu: speaking procedure where local and visiting speakers alternate (Māori Dictionary). taiao: world, Earth, natural world, environment, nature, country (Māori Dictionary). tikanga Māori: Māori customary values and practices (RPS). tikanga whakahaere: management practices (Māori Dictionary).
Tinana: body (Māori Dictionary). waahi tapu: A place sacred to Māori in the traditional, spiritual, religious, ritual or mythological sense. (Section 2, Historic Places Act 1993.) (RPS). wairua: Spirit (RPS). wānanga: to meet and discuss, deliberate, consider (Māori Dictionary). whakapapa: genealogy, genealogical table, lineage, descent (Māori Dictionary). whakawhanaungatanga: process of establishing relationships, relating well to others (Māori Dictionary). whānau: The extended family, i.e. grandparents, parents, and children, sharing a mutual existence (RPS). whenua: Land, placenta (RPS).
Page 72 of 170 Appendix A: Glossary Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review
Appendix B: Interview questionnaire
1. What is your Iwi / hapū view on the mauri of your natural resources?
2. How and when do Iwi make these assessments / observations?
3. Who assess the mauri in your Iwi, hapū and or whanau? a. Individual or collective assessments? b. When do Iwi hapū assessments occur? c. Kaitiaki, kaumātua / kuia, pākeke, pūkenga?
4. What are that values and attributes that define Mauri for your Iwi / hapū? Examples of these are identified in the literature review report.
5. Is mauri constantly changing or moving each day and constant over time? a. What determines the changes in the mauri?
6. Is the mauri difference for a river, lake, coastline and land? a. For example, the different sounds, smells, look and flow associated with each area / place? b. What kai was harvested from each area and traditional quantities? What kai and quantities are collected today? c. What traditions and practises were used to enter each domain / area to harvest kai and other resources? d. What conditions or signs were seen to be favourable to harvest kai or resources from the area i.e. maramataka, seasons, tides etc.? e. Are these customs and traditions continued today? f. What is the state of mahinga kai resources today?
7. How can Iwi and hapū assist BOPRC in understanding the use and significance of mauri as an environmental measurement tool for Te Moana o Toi?
8. What role should BOPRC play in the assessment of mauri?
9. What information from BOPRC would assist Iwi and hapū in the assessment process?
10. How should mauri be recognised and provided for in the regional plan?
Page 73 of 170 Appendix B: Interview questionnaire Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review Page 74 of 170
Appendix C: RPS Iwi Resource Management Policies, Objectives and Methods
Issues / Topic Objective: Policy: Method: Responsible: Monitoring: • Water 10 - Cumulative effects of existing and new Policy WQ 3B: Allocating 44 Toi Moana Objective 10; Quantity activities are appropriately managed water AER, P220. • Integrated 12 The timely exchange, consideration of Policy IR 4B: Using 44 Toi Moana Objective 12; consultation in the Resource and response to, relevant information by all AER, P221. Management parties with an interest in the resolution of a identification and resolution of resource management issue resource management issues.
• Policy IR 5B: Assessing cumulative effects – (b) 44 Incremental degradation of matters of significance to Māori including cultural effects (in accordance IW5B) • Iwi Resource 17 - The mauri of water, land, air and Policy IW 2B: Recognising 44 Toi Moana Objective 17; Management geothermal resources is safeguarded and matters of significance to AER, P223. Objectives: where it is degraded, where appropriate, it Māori. is enhanced over time • Policy IW 5B: Adverse effects on matters of significance to Māori. • Policy IW 6B: Encouraging tangata whenua to identify measures to avoid, remedy or mitigate adverse cultural effects • Policy WQ 3B: Allocating
Appendix C: RPS Iwi Resource Management Policies, Objectives Page 75 of 170 and Methods Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review Issues / Topic Objective: Policy: Method: Responsible: Monitoring: water • Water 21 - Recognition of and provision for the Policy WQ 3B: Allocating 44 Toi Moana Objective 21; Quantity relationship of Māori and their culture and water AER, P224. traditions with their ancestral lands, water, sites, waahi tapu, and other taonga • Water 30 - The quantity of available water: Policy WQ 3B: Allocating 44 Toi Moana Objective 30; water Quantity (a) Provides for a range of uses and AER, P228. Table 10 values; (b) is allocated and used efficiently; (c) safeguards the mauri and life supporting capacity of water bodies; and (d) meets the reasonably foreseeable needs of future generations.
Appendix C: RPS Iwi Resource Management Policies, Objectives Page 76 of 170 and Methods Boffa Miskell Ltd | Method 44 Developing Mauri Models Report | Final Draft Report for Review
Integrated Resource Management Objective 10 • AER - Cumulative and precedent effects are assessed in resource management decision making processes. • AER - Resource use and allocation is within their design parameters or natural and physical carrying capacity. Monitoring Indicators include: > High compliance levels with consent conditions and reduction of incidence of illegal activities requiring enforcement action. > State of the environment reports show a positive trend towards environmental improvement for the region’s natural resources. Integrated Resource Management Objective 12 • Stakeholders and iwi authorities are satisfied with their involvement in resource management decision making. Monitoring Indicators include: > Regular iwi and stakeholder perceptions surveys show high levels of satisfaction with the provision of opportunities for their involvement in resource management decision making processes.
Iwi Resource Management Objective 17
• Improvement in the state of the region’s water, air, land and geothermal resources where their mauri has been degraded. Monitoring Indicators include: > Regular perception surveys show iwi authorities agree the mauri of water, land, air and geothermal resources within their rohe has been sustained or improved.
Water Quantity Objective’s 21 • Resource management decisions consistently recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. Monitoring Indicators include: > The region’s iwi and hapū agree that local authorities promote a range of means by which relationships with tangata whenua are formalised and implemented. > Regular iwi perception surveys > Five yearly section 35 monitoring reports identify extent to which the use of criteria consistent with those in Regional Policy Statement Appendix F Set 4 (Māori culture and traditions) are used in relevant resource consents and plan change processes. > Positive trend shown from undertaking a regional baseline survey and regular reviews to compare state of regions’ cultural historic heritage resources, including those identified in district plans, regional plans, iwi and hapū resource management planning documents.
Water Quantity Objective’s 30 • The ecological, cultural, recreational and amenity values of water bodies are maintained. • The health of aquatic ecosystems is safeguarded. • The quantity of available water meets the reasonably foreseeable needs of future generations. Monitoring Indicators include: > Positive trend shown from undertaking a regional baseline survey and regular reviews to compare state of regions’ cultural historic heritage resources, including those identified in district plans, regional plans, iwi and hapū resource management planning documents.
Appendix C: RPS Iwi Resource Management Policies, Objectives and Methods PageBoffa 77Miskell of Ltd 170 | Method 44 Developing Mauri Models Report | Literature Review
Appendix D: The Aashukan Declaration
The Aashukan Declaration
We, the participants of Aashukan, have gathered over four days in Waskaganish, Eeyou Istchee, the traditional territory of the James Bay (Qc) Crees, in March 2017. Our experiences and the guidance passed on from our respected elders, past and present, have taught us to be responsible for our ecosystems of origin; our peoples have flourished based on these principles for hundreds of generations. The geographic specificity of Indigenous Knowledge is the fundamental way of knowing our ecosystems of origin. We wish to continue to engage in all efforts to live more harmoniously with the Earth for the benefit of all of humanity. In Waskaganish, we have shared story with regards to our origins and identities, and our experiences in protecting and enhancing our land and culture, which are intimately intertwined. Development has affected and altered all our lives in profound and lasting ways. As such, we address the following message to the Impact Assessment community. Impact Assessment must meet the following principles regarding Indigenous Peoples’ rights, relationships, processes, and outcomes.
• Indigenous Peoples’ Rights are the foundation upon which all discussions must be initiated. Following international best practices, this includes territorial Rights, the Right to self-determination and the Indigenous Right to say YES or NO.
• Relationships must have integrity and be based on humility, respect, reciprocity, community empowerment, sharing, mutual learning, and sustained and long-term engagement. Our timelines are based on our values, processes and social organization, and should be respected.
• Processes must achieve clear communication, transparent decision making, be inclusive and be founded on the worldview of the Indigenous Peoples that are impacted.
• Outcomes must be multi-faceted and oriented towards mutual benefits, a commitment towards the prevention of harm, and the enhancement of the well-being of Indigenous Peoples based on their own definitions and criteria. We believe that Impact Assessment is a pedagogical process that involves mutual learning and can be tremendously rewarding for all parties involved. We invite the Impact Assessment community to apply these principles in their work with Indigenous communities to achieve the unrealised potential of fully participatory processes.
We may support development, but not at any price! We welcome Impact Assessment, but not of any kind! We represent the Eeyou, Anishinaabe, Saulteaux, Secwepemc (North America), Aymara (North Chile), Ainu (Hokkaido), Karipuna and Tiryió Kaxuyana (Amazonia, Brasil), Masahua (Sierra Norte de Puebla, Mexico), Saami (Swedish part of Sápmi), Nuudelch Malchid (Mongolia), Tangata Whenua (Aotearoa New Zealand), Kalinago Carib (Trinidad Tobago and Dominica), Nganguruku (First Peoples of the River Murray Mallee) and Ikwerre (Niger Delta) Nations. The declaration was signed at the International Association for Impact Assessment Annual Conference following the Opening Plenary in Drummond West, Le Centre Sheraton, Montreal, Canada on April 4, 2017. Key learnings from the IAIA17 conference are that Indigenous Peoples and their knowledge systems have a yet to be realised contribution to make to Global Efforts to Address Climate Change. The
Appendix D: The Aashukan Declaration PageBoffa 78 Miskellof 170 Ltd | Method 44 Developing Mauri Models Report | Literature Review
Aashukan Declaration is a best practice guide to more effectively realising this contribution. The Aashukan Declaration communicates the expectations of Indigenous Peoples with regard to best practice in Impact Assessment. Appendix E: RPS Appendix F, Set 4 Māori culture and traditions criteria
Set 4 Māori culture and traditions Policies EI 5B, IW 2B, IW 5B, MN 1B, MN 3B, MN 7B and MN 8B Methods 1, 2, 3, 11, 12 and 70
Mauri 4.1 Ko te mauri me te mana o te waahi, te taonga rānei, e ngākaunuitia ana e te Māori. The mauri (for example life force and life supporting capacity) and mana (for example integrity) of the place or resource holds special significance to Māori.
Waahi Tapu 4.2 Ko tērā waahi, taonga rānei he waahi tapu, arā, he tino whakahirahira ki ngā tikanga Māori, ki ngā puri mahara, me ngā wairua ā te Māori. The place or resource is a waahi tapu of special, cultural, historic and or spiritual importance to Māori.
Kōrero Tūturu/Historical 4.3 Ko tērā waahi e ngākaunuitia ana e te Māori ki roto i ōnā kōrero tūturu. The place has special historical and cultural significance to Māori.
Rawa Tūturu/Customary resources 4.4 He waahi tērā e kawea ai ngā rawa tūturu ā te Māori. The place provides important customary resources for Māori.
Hiahiatanga Tūturu/Customary needs 4.5 He waahi tērā e eke ai ngā hiahia hinengaro tūturu a te Māori. The place or resource is a venue or repository for Māori cultural and spiritual values.
Whakaaronui o te Wā/Contemporary Esteem 4.6 He waahi rongonui tērā ki ngā Māori, arā, he whakāhuru, he whakawaihanga, me te tuku mātauranga. The place has special amenity, architectural or educational significance to Māori.
Appendix E: RPS Appendix F, Set 4 Māori culture and traditions criteria PageBoffa 79Miskell of Ltd 170 | Method 44 Developing Mauri Models Report | Literature Review
Appendix F: Suggestion for a Mauri Model Toolkit
The purpose of the mauri model tool kit is to provide mana whenua with options, guidance and ideas to assist in assessing mauri. The tool kit contains models which have been developed and used to assess mauri of various environments.
The tool kit will sit outside of the RPS as a resource for mana whenua and applicants and will be flexible for change to include any future developed models or improvements to existing models. It is suggested that the tool kit remains in a repository under the Māori Policy team.
It is up to mana whenua whether they decide to use models/tools within the tool kit.
The tool kit is provided in two parts;
1. Summarised within the literature review by Boffa Miskell Limited (2017) and, 2. As an index of tools along with key references/links provided below;
1) Freshwater
a) Cultural Health Index (CHI) Key Reference/Link: http://www.mfe.govt.nz/publications /fresh-water/using-cultural-health-index- how-assess-health-streams-and-waterways/why-0 b) Mauri Compass Key Reference/Link: http://www.mauricompass.com/
2) Wetlands
a) Māori Environmental Performance Indicators for Wetland Condition and Trend Key Reference/Link: http://www.landcareresearch.co.nz/publications/researchpubs/harmsworth_monitoring_wetlands. pdf
3) Coastal
a) Tauranga Moana, Tauranga Tāngata: Coastal Cultural Health Index for Te Awanui, Tauranga Harbour Key Reference/Link: http://www.mtm.ac.nz/cchi/
4) All environments
a) State of the Takiwā (SoT) Key Reference/Link: https://www.takiwa.org.nz/ b) Mauri Model Decision Making Framework Key Reference/Link: http://www.mauriometer.com/ c) COMAR (Cultural Opportunity Mapping, Assessment and Response) Key Reference/Link: http://comar.co.nz/
Appendix F: Suggestion for a Mauri Model Toolkit PageBoffa 80 Miskellof 170 Ltd | Method 44 Developing Mauri Models Report | Literature Review
APPENDIX 2
Iwi Perceptions Survey Questions, December 2017
Page 81 of 170
Page 82 of 170 E nga kaitiaki o Te Moana o Toi te Huatahi, tena koutou, tena koutou, tena tatou katoa!
The aim of this survey is to gain your feedback on:
- The usefulness of iwi resource management tools in the Bay of Plenty Regional Policy Statement (RPS) - Any experience you or your iwi/hapū or whānau have had with Regional resource consents processes.
IWI RESOURCE MANAGEMENT TOOLS IN THE REGIONAL POLICY STATEMENT
The RPS includes tools relevant to kaitiakitanga, development of multiple owned Māori land, partnership and co-management agreements, iwi and hapū resource management plans, mauri enhancement of natural resources and recognition and provision for the relationships of Māori and their ancestral taonga. Your views will be used to assess iwi perceptions on the extent to which these iwi resource management provisions are being implemented by regional, district and city councils in the Bay of Plenty region.
REGIONAL COUNCIL AND DISTRICT COUNCIL RESOURCE CONSENTS PROCESSES
Your experience with Regional Council resource consents processes and district councils resource consents processes are also important to us. We ask that you identify the name of the district or city council that your comments relate to on page 2 of the survey.
Thank you for taking time to complete this survey.
Page 83 of 170 Background Info about You
Each question in this part is optional, but we'd really like to know about you! If you provide your details we can send results of this survey directly to you.
1. Name:
2. Title/Position
3. Organisation/Iwi/Hapu
4. Contact details
Telephone
Address
5. Please indicate whether you would be interested in participating in a follow up interview?
Yes
No
6. Which district or city council do you or your organisation engage with most?
7. In which part of the Bay of Plenty is your rohe located?
Western (Mauao) Eastern (Koohi)
Rotorua (Okurei)
Other
Page 84 of 170 8. What are your iwi affiliations?
Page 85 of 170 Tools in the RPS
9. Are you aware the Regional Policy Statement includes a range of iwi resource management provisions (policies and methods)?
Yes
No
If yes, have you used them and how?
10. Are you aware Statutory Acknowledgements for settled iwi appear in a ‘compendium’ (companion document) to the Regional Policy Statement?
Yes
No
If yes, have you used them and how?
Page 86 of 170 Kaitiaki Related 'Integrated Resource Management Tools' in the RPS
Please rate how you feel about the following statements: ('Council' means the Regional Council or your local District or City Council)
11. Council provides opportunities for iwi/hapū/kaitiaki involvement in resource management decision making processes
Strongly Somewhat Somewhat Strongly Agree Agree Agree Neutral Disagree Disagree Disagree
Regional Council
District or City Council
12. Council provides for the timely exchange of information
Strongly Somewhat Somewhat Strongly Agree Agree Agree Neutral Disagree Disagree Disagree
Regional Council
District or City Council
13. Council considers and responds to iwi/hapū/kaitiaki advice
Strongly Somewhat Somewhat Strongly Agree Agree Agree Neutral Disagree Disagree Disagree
Regional Council
District or City Council
14. Council is informed and shares information with appropriate parties
Strongly Somewhat Somewhat Strongly Agree Agree Agree Neutral Disagree Disagree Disagree
Regional Council
District or City Council
Page 87 of 170 Iwi Resource Management Tools in the RPS
15. Please rate how you feel about the following statements:
Council recognises our kaitiakitanga advice and activities in its practice of resource management decision making
Strongly Somewhat Somewhat Strongly Agree Agree Agree Neutral Disagree Disagree Disagree
Regional Council
District or City Council
16. Which form of engagement do you prefer?
On any specific resource management issue, process or proposal Council will:
review relevant iwi/hapu resource management plans, undertake research, distil issues and engage iwi/hapu with options based on detailed research
undertake some research and engage iwi/hapu with a broad set of options in response to a particular issue or proposal
undertake some research and engage iwi/hapu in open dialogue about a particular issue or proposal
Please add comments on the form of engagement you prefer and why?
17. Do you feel advice you or your organisation contributed to regional or district planning was reflected in Council's decisions?
Yes
No
If yes, was your advice accurately reflected in the plan(s)?
18. Please rate how you feel about the following statements:
There is a positive trend in representation of tangata whenua on Councils Committees
Strongly Somewhat Somewhat Strongly Agree Agree Agree Neutral Disagree Disagree Disagree
Regional Council
District or City Council Page 88 of 170 19. Does the Council appoint a Maori Hearing Commissioner when significant issues of concern to Maori are involved in a decision it is making?
Almost Always Sometimes Once and a while Rarely Never
Regional Council
District or City Council
20. Does Council take any other steps to ensure its decisions are informed by a suitably informed Maori person?
Almost Always Sometimes Once and a while Rarely Never
Regional Council
District or City Council
21. Do you feel Councils ‘promote a range of opportunities to formalise resource management partnerships’ with iwi?
Almost Always Sometimes Once and a while Rarely Never
Regional Council
District or City Council
22. Does your organisation experience consistent, positive engagement with Councils?
Almost Always Sometimes Once and a while Rarely Never
Regional Council
District or City Council
23. Do you feel Council’s resource management decisions take account of iwi or hapū resource management plans relevant to your organisation, iwi or hapu?
Almost Always Sometimes Once and a awhile Rarely Never
Regional Council
District or City Council
24. In the last five years have you noticed any change in how Councils provide for the development of multiply owned Maori land?
Very much Somewhat Neutral Not really Not at all
Regional Council
District or City Council
Page 89 of 170 25. Has there been any Papakainga housing development on multiple owned Maori lands in your rohe in the last 10 years?
Very much Somewhat Neutral Not really Not at all
Regional Council
District or City Council
26. Do you feel regional, city and district councils are 'reducing barriers to developing on multiply owned Maori land' in the Bay of Plenty region?
Very much
Somewhat
Neutral
Not really
Not at all
27. Do you think the mauri of water, land, air and geothermal resources within your rohe has changed in the last 5 years?
Very much
Somewhat
Neutral
Not really
Not at all
If so, in what way?
28. In 2017 research was undertaken to explore the development of a mauri assessment framework. The project included a literature review and report which is now available on Council’s website at www.boprc.govt.nz/plans-policies-and-resources/policies/operative-regional-policy-statement/RPS Implementation Strategy. Council has decided to develop a tool box and pull together different examples of approaches taken to assess the mauri of natural resources.
Have you had experience in any projects involving the assessment of mauri?
Yes
No
Page 90 of 170 29. If yes, are you willing to share this work with others and include it in a mauri assessment toolkit that other kaitiaki/hapu and iwi might consider using?
Staff will make contact if you indicate you are willing to share examples of mauri assessment work you have undertaken in order to help other tangata whenua who want to do the same.
Yes
No
Page 91 of 170 Regional Council Consents Processes - Community Satisfaction
This part of the survey is about Regional Councils consents processes only. Please share your feedback about your experience with our regional resource consent process so we can improve our service. Please feel welcome to comment about district council consents processes in Question 31
30. Please rate your experience: (1 = Poor, 5 = Okay, and 10 = Excellent)
1 2 3 4 5 6 7 8 9 10
The timeliness that we contact you about consent applications
How we keep you informed about consent applications relating to your rohe
How your concerns were addressed by and during the consents process
How your iwi is involved in the Cultural Impact Assessments for your rohe
How your Iwi / Hapū Management Plan was considered during the consents process
The Consents Team’s cultural awareness
Your overall satisfaction with our consent process?
31. Any suggestions you have for improving our Regional Council consents process:
32. Is there any other advice you wish to contribute to Regional Council? If so, in what way?
Page 92 of 170 Thank You
Thank you for completing the Iwi Perceptions Survey! Results will be made available on the Bay of Plenty Regional Council website following consideration by Te Komiti Maori. Any enquiries about this survey, the Regional Policy Statement and Iwi Resource Management tools it contains can be referred to Nassah Steed at 0800 884 881 extension 9329 or by emailing [email protected]
Page 93 of 170
Page 94 of 170
Receives Only – No Decisions
Report To: Komiti Māori
Meeting Date: 12 December 2017
Report From: Kataraina O'Brien, Strategic Engagement Manager
Update on Te Mana o Te Wai
Executive Summary
Te Mana o Te Wai is interpreted and used across a range of kaupapa relating to water. This report focuses on the meaning of Te Mana o Te Wai as presented in the National Policy Statement for Freshwater Management (NPS-FM).
Te Mana o Te Wai incorporates and recognises Te Ao Maori, and reflects the holistic or integrated approach that councils must consider when implementing the NPS-FM. In this regard, Te Mana o Te Wai is not a statement solely representing Maori interests; neither should it be considered commensurate with mātauranga Maori. The Ministry for the Environment (MfE) has acknowledged this and emphasised that the concept of integration is expressed in Te Reo Maori, but applies to freshwater management for and on behalf of the whole community. MfE recently amended the definition of Te Mana o Te Wai to ensure better understanding and implementation. Updated policies support the incorporation of Tangata Whenua values, these are summarised in this report.
Recommendations
That the Komiti Māori under its delegated authority:
1 Receives the report, Update on Te Mana o Te Wai.
1 Background
Te Mana o Te Wai is the underpinning philosophy of the National Policy Statement for Freshwater Management 2014 (NPS-FM). In August 2017 the Government announced a set of changes setting out the objectives and policies for freshwater management under the Resource Management Act 1991.
The National Policy Statement sets out objectives and policies that direct local government to manage water in an integrated and sustainable way, while providing for economic growth within set water quantity and quality limits. The national policy statement is a first step toward improving freshwater management at a national level.
Page 95 of 170 Update on Te Mana o Te Wai
Te Mana o Te Wai reflects an integrated holistic approach to the management of freshwater. It encompasses the environmental, social, cultural and economic values held by iwi and the community. The recent amendments to the NPS-FM reflected areas of concern that, councils, Iwi/Hapū, and wider community had on its meaning and application. For councils, more clarity on the purpose and intent of Te Mana o Te Wai would assist them in the implementation of the policy. 2 National Update
2.1 National Policy Statement for Freshwater Management
MfE considered changes to the NPS-FM 2014 which included, clarifying the meaning of Te Mana o Te Wai, fine tuning swim-ability targets, additional science criteria and monitoring requirements (including Mātauranga Māori) and emphasis on economic wellbeing.
Many of the changes reflect the Land and Water Forum’s (LAWF) earlier recommendations. The purpose of LAWF is to develop a shared vision and a common direction for freshwater management in New Zealand, and provide advice to the Government through a stakeholder-led collaboration process. LAWF continues to work on further populating the National Objectives Framework and commenting on the NPS-FM’s overall implementation.
2.2 Te Mana o Te Wai
The concept of Te Mana o Te Wai recognises freshwater as a natural resource that is integral to the social, cultural, economic and environmental well-being of communities. The Freshwater NPS has been updated to clarify the meaning of Te Mana o Te Wai in freshwater management and is now included in the body of the NPS-FM.
Te Mana o Te Wai incorporates the values of Tangata Whenua and the wider community. This means that Tangata Whenua values are considered alongside the wider community values and interests. In upholding Te Mana o Te Wai, these discussions should explore all values the community holds for fresh water, with the goal of ensuring that our communities including Tangata Whenua have access to a resource that is in a healthy state. The three pillars of Te Mana o Te Wai are:
Te Hauora o Te Wai – the health and well-being of the water.
Te Hauora o Te Tangata – the health and well-being of people.
Te Hauora o Te Taiao – the health and well-being of the environment. 3 Māori Specific Policies in the NPS-FM
A new feature of the NPS-FM is the requirement of councils to include mātauranga Maori in the preparation of plans and monitoring methods. Monitoring plans are intended to be practical and affordable, based on the limits, values and objectives identified by the community and Tangata Whenua.
More generally, the Māori specific policies, which are integral to the philosophy of Te Mana o Te Wai includes:
2 Page 96 of 170 Update on Te Mana o Te Wai
Māori Specific Policies in the NPS-FM
AA. Te Mana o Te Wai AA1 Objective
To consider and recognise Te Mana o Te Wai in the management of fresh water.
AA1(b) Policy
Values identified through engagement and discussion with the community, including Tangata Whenua, must inform the setting of freshwater objectives and limits.
C. Integrated Management C1 Objective
To improve integrated management of fresh water and the use and development of land in whole catchments, including the interactions between fresh water, land, associated ecosystems and the coastal environment.
C1 Policy
By every Regional Council:
a) recognising the interactions, ki uta ki tai (from mountains to the sea) between fresh water, land associated ecosystem and the coastal environment; and b) managing fresh water, land use, and development in catchments in an integrated and sustainable way to avoid, remedy or mitigate adverse effects including cumulative effects.
CA. National Objectives Framework CA1 Objective
To provide an approach to establish freshwater objectives for national values, and any other values, that:
a) is nationally consistent; and
b) recognises regional and local circumstances.
CA2 Policy
The Regional Council, through discussion with communities, including Tangata Whenua, applying the following processes in developing freshwater objectives for all freshwater management units:
a) considering all national values and how they apply to local and regional councils; and
b) identifying the values for each freshwater management unit.
CB. Monitoring Plans
3 Page 97 of 170 Update on Te Mana o Te Wai
CB1 Objective
To provide for an approach to the monitoring of progress towards, and the achievement of, freshwater objectives and the values identified under Policy CA2(b).
CB1 Policy
The Regional Council developing a monitoring plan that:
a) establishes methods for monitoring progress towards, and the achievement of, freshwater objectives established under Policies CA1-CA4. These methods must include matauranga Māori.
b) Identifies a site or sites monitoring will be undertaken that are representative for each freshwater management unit; and
c) recognise the importance of long-term trends in monitoring results and the relationship between the results and the overall state of fresh water in a freshwater management unit.
D. Tangata Whenua Roles and Interests D1 Objective
To provide for the involvement of Iwi/Hapū, and to ensure that Tangata Whenua values and interests are identified and reflected in the management of fresh water including associated ecosystems, and decision-making regarding freshwater planning, including on how all other objectives of this national policy statement are given effect to.
D1 Policy
Local authorities shall take reasonable steps to:
a) involve Iwi/Hapū in the management of fresh water and freshwater ecosystems in the region;
b) work with Iwi/Hapū to identify Tangata Whenua values and interests in fresh water and freshwater ecosystems in the region; and
c) reflect Tangata Whenua values and interests in the management of, and decision- making regarding, fresh water and freshwater ecosystems in the region.
4 Freshwater Futures programme update
4.1 Freshwater Futures
The Freshwater Futures programme was established to support Regional Council in delivering, maintaining and improving quality and quantity of the region’s water resources. Previous reports concerning Freshwater Futures have included a diagram of how committees, panels and groups work together to implement the NPS-FM (Figure1). Community Groups and Tangata Whenua provide their views, ideas and feedback on how council is proposing to implement the key components of the NPS-
4 Page 98 of 170 Update on Te Mana o Te Wai
FM. Council also receives advice from the Co-governance forums and regional advisory groups.
Figure 1: Freshwater Futures programme engagement approach.
The ideals promoted by Te Mana o Te Wai will help the community, including Tangata Whenua, and Regional Councils to develop tailored responses to freshwater management that would apply within their region.
4.2 Regional Water Advisory Panel
Membership of the Panel will reflect a cross section of water interests within the Bay of Plenty Region. Chris Karamea Insley is a member on the Regional Water Advisory Panel. The main focus and purpose of the panel is to provide advice and recommendations to Bay of Plenty Regional Council on regional issues associated with the implementation of the National Policy Statement for Freshwater Management. They will try and meet up at least four times annually with additional meetings and workshops as extra. Some of their specific functions are to:
provide advice on region-wide frameworks, methodologies or plan changes relating to freshwater; and
assist the Regional Council in communicating on the actions being taken to implement the NPS.
Mr Insley has a term of two years as a board member which will give him a great opportunity to be the voice and a conduit for his Iwi/hapū and Māori. 5 Implications for Māori
Te Mana o Te Wai envisages and clarifies the role that Māori have in freshwater management in particular those policies that provide guidance to councils on what is required particularly in regard to the implementation of the National Policy Statement.
5 Page 99 of 170 Update on Te Mana o Te Wai
There is the potential to enhance iwi participation in decision making with respect to planning and policy processes through Te Mana Whakahono a Rohe agreements. In this regard those policies under the NPS-FM that are specific to Tangata Whenua are like to intertwine with any future arrangements with iwi.
One of the key changes to the NPS-FM is the requirement on councils to ensure that monitoring methodologies must now include matauranga Māori. This specific change, along with a new policy on Te Mana o Te Wai, potentially has the effect of promoting greater collaboration between Tangata Whenua and councils.
6 Council’s Accountability Framework
6.1 Community Outcomes
This project/proposal directly contributes to the Development of Māori Capacity to Contribute to Decision-making Processes Community Outcomes in the council’s Long Term Plan 2015-2025.
6.2 Long Term Plan Alignment
This work is planned under the Regional Collaboration & Leadership Activity in the Long Term Plan 2015-2025.
Current Budget Implications
This work is being undertaken within the current budget for the Kotahitanga Strategic Engagement Activity in the Annual Plan 2017/18.
Sandy Hohepa Maori Policy Advisor for Strategic Engagement Manager
19 November 2017 Click here to enter text.
6 Page 100 of 170
Receives Only – No Decisions
Report To: Komiti Māori
Meeting Date: 12 December 2017
Report From: Kataraina O'Brien, Strategic Engagement Manager
Update on Treaty claims and settlements in the Bay of Plenty
Executive Summary
This report is part of a regular reporting regime to Komiti Māori and provides a brief update on the status of Treaty settlements and claims within the Bay of Plenty region. There has been progress to several Treaty claims since the last full report to Komiti Māori (23 August 2017).
Snapshot of Treaty Settlements status:
No Status Comments 19 Comprehensive Treaty Claims settled 16 individual iwi (legislation enacted) 3 iwi collectives 5 Deeds of Settlement Ngāi Te Rangi (DoS initialled / awaiting legislation) Ngāti Ranginui Ngāti Tūwharetoa (Taupō) Ngāti Tara Tokanui Hauraki Collective 2 Agreement in Principle Whakatōhea Ngāti Hinerangi 2 Negotiations Ngāti Rangitihi (mandate recognised / actively negotiating) Te Whanau a Apanui 0 Mandate (seeking iwi mandate to begin negotiations) 3 On-hold Tauranga Moana(Harbour interests) Pare Hauraki (Tauranga Harbour interests) Ngāti Whakaue 2 Not currently active Ngāti Whakahemo Ngai Tai
There are no Waitangi Tribunal district-wide inquiries actively underway within the Bay of Plenty. However, the Tribunal recently convened an urgent hearing into elements of the Whakatōhea settlement negotiation.
Several iwi from both the Hauraki and Tauranga collectives have advanced individual settlements, excluding interests in the Tauranga Harbour. Those interests and overlapping claims issues between both collectives are subject to ongoing negotiations with the Crown.
As a third party, Council has no negotiating privileges and the relationship with the Crown is based only on the exchange of information.
Page 101 of 170 Update on Treaty claims and settlements in the Bay of Plenty
Recommendations
That Komiti Māori under its delegated authority:
1 Receives the report, Update on Treaty claims and settlements in the Bay of Plenty.
1 Background
The Bay of Plenty’s Māori and Treaty landscape is culturally rich and dynamic. There are approximately 37 iwi (and 260 hapū) within the Bay of Plenty.
19 comprehensive Treaty settlements have been completed with several more being progressed. Within the next 1-5 years as many as 30 Treaty settlements will have been completed within the Bay of Plenty region.
Many settlements involve implementation responsibility for Council particularly around co-governance of natural resources. Currently we are responsible for three statutory co-governance fora in respect of the Rotorua Lakes, Rangitaiki River, Kaituna River with others expected in the near future.
Additionally the Marine and Coastal Area (Takutai Moana) Act 2011 provides a separate regime for the recognition of rights and interests in the marine and coastal area. There are approximately 114 applications within the Bay of Plenty region.
2 Status of Treaty Settlements
The Bay of Plenty has a number of iwi with active Treaty claims at various stages of the settlement process. The most recent developments are highlighted below.
Ngāti Pukenga - Claim Settlement Act
The Ngāti Pukenga Claims Settlement Act 2017 was enacted on 14 August 2017, giving effect to the deed of settlement signed on 7 April 2013. Remaining elements of Ngāti Pūkenga claims will be settled at a future point, as part of the Tauranga Moana Iwi Collective.
The current settlement includes statutory acknowledgements over a number of areas of cultural and historical significance to Ngāti Pūkenga. Council must have regard to those interests, in the exercise of its role and functions in areas subject to a statutory acknowledgement. A compendium of statutory acknowledgments throughout the region is maintained by Council for this purpose.
Te Whānau a Apanui – Terms of Negotiation
The Crown has recognised the mandate of Te Whānau a Apanui negotiators and signed Terms of Negotiation on 7 September 2017. The Crown and Te Whānau a Apanui are now working towards an agreement in principle (or similar).Timeframes for this have not been specified, however, previous settlements have taken a minimum of 12 months to complete this stage of the negotiation process.
2 Page 102 of 170 Update on Treaty claims and settlements in the Bay of Plenty
Whakatōhea - Agreement in Principle (and Urgency Hearing)
The Crown and Whakatōhea signed an Agreement in Principle on 18 August 2017.
As part of the settlement offer, the Crown proposes to explore options for enhancing the existing Ōhiwa Harbour Implementation Forum.
In addition to ongoing settlement negotiations, an urgent application to the Waitangi Tribunal has been lodged on behalf of several claimants and hapū, challenging the mandate of the Whakatohea negotiators to represent their interests. A Tribunal hearing was held from 6 – 10 November, with a decision expected before the years end.
Council staff maintain a watching brief and will notify any particular implications for Council as they arise. 3 Post settlement implementation
As we move further into the post-Treaty settlement environment, outcomes of several settlements have recently taken form.
Ngāti Whare – Whirinaki Te Pua a Tane Conservation Management Plan
The significance of the Whirinaki Te Pua-a-Tane Conservation Park for Ngāti Whare is acknowledged by the Ngāti Whare Claims Settlement Act 2012, through the provision of an ongoing co-governance partnership with the Crown. As part of that arrangement, Ngāti Whare, together with the Department of Conservation and Bay of Plenty Conservation Board have produced a new conservation management plan to guide the future management of the Park.
The management plan was officially launched on 21 October 2017 and can be viewed on the Department of Conservation website.
Tuhoe - Te Kawa o Te Urewera
Te Kawa o Te Urewera (‘Te Kawa’) was officially launched on 14 September 2017, following an earlier draft release and public submission process in May 2017. The launch was attended by Chair Leeder and staff, on behalf of Council.
Te Urewera Act 2014 establishes Te Urewera as an independent legal identity. Te Urewera Board (consisting of four Crown and four Tūhoe representatives) holds primary responsibility for Te Urewera and its management. Te Kawa sets out the principles that will guide the setting of annual priorities statements and operational management plans under Te Urewera Act, as well as decisions by the Board about activities within Te Urewera.
Council staff and Te Urewera Board are working together on the interface between Te Kawa and the local government environmental framework. 4 Marine and Coastal (Takutai Moana) Act 2011
The Marine and Coastal (Takutai Moana) Act 2011 (MACA) enables iwi, hapū and whānau to seek formal recognition of their customary rights and interests in the common marine and coastal area.
3 Page 103 of 170 Update on Treaty claims and settlements in the Bay of Plenty
In areas where a customary marine title (CMT) exists or protected customary rights (PCR) are upheld, corresponding MACA restrictions and obligation must be applied by Council, where a subsequent resource consent activity is proposed.
A MACA application may be advanced through either the High Court or direct engagement with the Crown. A close off date of 3 April 2017 was set by the legislation for any new applications. There are approximately 114 existing MACA applications within the Bay of Plenty region: 44 applications via the High Court and 70 seeking direct Crown engagement. The High Court has given priority to those applications transitioned across from the former foreshore and seabed legislation. No estimate has been provided by the Crown as to expected timeframes for those applications before it. As yet no MACA applications within the Bay of Plenty region have been successfully determined.
5 LGNZ – Crown funding case
Local Government New Zealand (LGNZ) has prepared a case to the Crown for an increase to financial contributions to local government, for implementing Treaty settlement arrangements.
Current Crown policy is to provide one-off financial contributions to local government for the implementation of Treaty settlement outcomes. Experience to date across local government has identified a series of shortcomings with this approach. The report evidences current Crown contributions to be inadequate, and that greater financial contributions are required for a longer period.
Council contributed to the report having regard to our experience and obligations under both current and forthcoming settlements. The report (attached as Appendix 1) was recently lodged with the newly appointed Minister for Treaty Negotiations. Staff will advise of any decision and outcomes once known. 6 New Crown Ministers
Following the 2017 General Election in October, several new appointments have been made to key portfolios pertaining to Treaty settlements and local government.
Minister in Charge of Treaty of Waitangi Negotiations – Hon Andrew Little.
Minister of Local Government – Hon Nanaia Mahuta. (Assoc. Minister – Hon Meka Whaitiri)
Minister for Crown/Maori Relations – Hon Kelvin Davis. (Assoc. Minister – Hon Meka Whaitiri)
Minister for Māori Development – Hon Nanaia Mahuta. (Assoc. Minister – Hon Willie Jackson)
No formal policy announcements have been made as to key priorities or any changes within these portfolios. 7 Implications for Māori
The completion of each Treaty settlement marks a significant milestone for the iwi concerned, and more broadly, the wider region as well. Treaty settlements have
4 Page 104 of 170 Update on Treaty claims and settlements in the Bay of Plenty
produced a number of new arrangements to bolster the role of Maori in local leadership, as drivers of strategic plans, iwi-lead initiatives and economic development opportunities across the region. As we move further into the post-Treaty settlement era, it is expected this trend will continue to flourish.
8 Community Outcomes and Long Term Plan
As outlined in paragraph 6, the outcome of the Treaty settlement process, directly aligns with the Regional Collaboration and Leadership Community Outcome in Council’s Long Term Plan 2015-2025.
A Crown contribution of $250,000 was provided to Te Maru o Kaituna to assist with its administration and implementation cost. Otherwise, Councils implementation costs for Treaty settlements are absorbed within existing budgets.
Future Budget Implications
A Crown contribution of $575,000 has been ear-marked for the forthcoming Tauranga Moana Governance Group.
Further Crown contributions to Councils implementation costs may also attach to individual settlements and/or as part of any outcome to the LGNZ report discussed at paragraph 5.
Herewini Simpson Senior Advisor (Treaty) for Strategic Engagement Manager
19 November 2017 Click here to enter text.
5 Page 105 of 170
Page 106 of 170
APPENDIX 1
LGNZ - Treaty Settlement Costs Report
Page 107 of 170
Page 108 of 170 TREATY SETTLEMENTS
WHAKATAUNGA TIRITI
THE CASE FOR INCREASED FINANCIAL CONTRIBUTION TO LOCAL GOVERNMENT FOR IMPLEMENTING TREATY SETTLEMENT
ARRANGEMENTS Page 109 of 170 PROPOSAL EXECUTIVE SUMMARY TĀ MĀTOU E KŌRERO WHAKARĀPOPOTO The Crown is committed to settling historic claims for WHAKATAKOTO NEI breaches of the Te Tiriti o Waitangi/Treaty of Waitangi That the Crown consider the evidence in this report (the Treaty) through Treaty settlement. An outcome of and make a greater financial contribution (both Treaty settlements is the provision of co-governance one-off and ongoing) to local government for the and co-management arrangements over significant implementation of Treaty of Waitangi settlement natural resources and reserve lands. Local authorities arrangements. are critical to the successful implementation of these arrangements, both as the regulatory authority for the natural resource or land, and as the co-governance and co-management partner with Treaty settling groups.1
Treaty settlement arrangements provide valuable connectivity between iwi and local government, and opportunities to deliver mutually beneficial environmental and resource management outcomes. At the same time however, they impose costs on local authorities that are over and above councils’ business as usual costs.
Crown policy is to provide one-off financial contributions to local government for the implementation of Treaty settlement outcomes.2 This report, while recognising the short and long term benefits of Treaty settlements to iwi, communities and councils, provides evidence that current Crown contributions are inadequate, that greater financial contributions are required and for a longer period. Evidence of the Crown’s inconsistent approach to funding for similar arrangements is also provided.
This report provides a costs framework (the Framework) to record costs associated with the functions and activities of Treaty settlement arrangements. The Framework allows a greater level of accuracy, visibility and consistency in tracking the cost of establishing, implementing and maintaining Treaty settlement arrangements. The Framework is attached as a separate document.
1 The terms “local authorities”, “councils” and “local government” are used interchangeably in this report to mean the same thing: regional councils, territorial authorities and unitary authorities. 2 TThe term Crown policy refers to the documents provided inPage Appendix 1104. of 170 1 CONTENTS NGĀ IHIRANGI PROPOSAL ...... 1 EXECUTIVE SUMMARY ...... 1 RECOMMENDATIONS ...... 3 INTRODUCTION...... 4 Local government in Treaty settlements ...... 5
PARTICIPATING COUNCILS...... 6 REPORT SCOPE ...... 6 Methodology ...... 7
TYPES OF TREATY SETTLEMENT COSTS...... 8 Additional costs ...... 8 Business as usual costs ...... 8 Issues with Treaty settlement costs ...... 9
TREATY SETTLEMENT ARRANGEMENTS AND COSTS...... 10 Types of Treaty settlement arrangements ...... 10 Treaty settlement costs ...... 10 Treaty settlement activities ...... 11 Crown policy ...... 11
THE FRAMEWORK...... 12 Purpose of the Framework...... 12 Design of the Framework...... 12 Benefits of the Framework ...... 13 Alignment with Crown policy ...... 13
REFERENCES ...... 14 Legislation...... 14 Deeds of settlement...... 14 Agreements...... 15 Reports and plans...... 15
APPENDIX 1: SETTLEMENT ARRANGEMENTS...... 16 Settlement arrangements for participating councils ...... 16
APPENDIX 2: TREATY SETTLEMENT COSTS...... 24 Treaty settlement costs (Crown and council) for participating councils...... 24
APPENDIX 3: TREATY SETTLEMENT FUNCTIONS AND ACTIVITIES...... 28 Functions and activities undertaken for Treaty settlement arrangments...... 28
APPENDIX 4: CROWN POLICY...... 30 Comparison of the Crown’s and the participating councils’ factors for consideration for financial contribution by the Crown ...... 35
APPENDIX 5: DISCOUNT TABLE...... 38 Discount table showing how the discount is applied under the Framework...... 38 Page 111 of 170 2 RECOMMENDATIONS WHAIKUPU That the Crown: 1. Consider this report and the Framework to assess the actual costs of implementing Treaty settlement arrangements by local authorities. 2. Increase the financial investment provided to local authorities for the functions and activities of Treaty settlement outcomes. 3. Introduce the provision of staged financial contributions in addition to one-off financial contributions. 4. Update Crown policy to cover all forms of Treaty settlement arrangements currently being negotiated. 5. Address inequities in the provision of financial support to local authorities and consider how financial support can be retrospectively provided. 6. Provide financial assistance to iwi for capacity and capability building to ensure iwi can participate and contribute equally in co-governance and co-management arrangements to assist in reducing local government costs.
Page 112 of 170 Maungawhau/Mount Eden - Photo: Alan Collins 3 INTRODUCTION HE KUPU WHAKATAKI TREATY SETTLEMENTS ARE AN IMPORTANT ASPECT OF NEW ZEALAND’S NATURAL RESOURCE MANAGEMENT LANDSCAPE. WHILE THEY ARE AN EXPRESSION OF THE CROWN-IWI RELATIONSHIP THEY ALSO PROVIDE AN AREA WHERE LOCAL GOVERNMENT CAN BUILD ROBUST RELATIONSHIPS WITH IWI. COUNCILS HAVE A STRONG INTEREST IN ENSURING THE NEW ARRANGEMENTS ESTABLISHED THROUGH TREATY SETTLEMENTS ARE SUCCESSFUL, AND THAT THE SETTLEMENTS ARE DURABLE, FAIR AND FINAL.
Treaty settlement arrangements involving local by central government. It is the Crown, not councils, government do, however, come with costs. With that settles the historical grievances of iwi, and it the significant number of Treaty settlements over is inequitable that ratepayers of today are being recent years involving co-governance entities and expected to pay for the settlement of grievances by co-management arrangements (including authorities, the Crown. Vote Conservation, for example, is not committees, joint management agreements and expected to cover the costs of Treaty settlement various descriptions of natural resource plans), the redress from its baseline funding. Rather, the issue of cost needs to be recognised and discussed. Department of Conservation is funded via detailed costing estimates (and despite having the strongest Treaty settlements provide opportunities to statutory Treaty weighting to give effect to the develop relationships with iwi that benefit not only principles of the Treaty). In the same way, local environmental and resource management outcomes, authorities should not incur the costs for settlement but the many other outcomes for central and local redress that is over and above its business as usual government. Whilst local government has non-Treaty activities and statutory commitments to iwi. settlement requirements to engage with iwi under the Resource Management Act 1991 (RMA) and the The second risk is that fiscal pressures will, over time, Local Government Act 2002 (LGA), it is the post- undermine the ability of local government to support settlement landscape that attracts additional costs. co-governance and co-management arrangements, The requirements that are placed on councils can meaning they will not produce the outcomes sought. be challenging in terms of resourcing and planning Non-delivery of Treaty settlement arrangements could community priorities. Councils operate within ultimately undermine the durability of settlements, financial constraints, and expenditure in one area can create new injustices for iwi, and potentially trigger mean less expenditure in another. contemporary Treaty claims against the Crown.
Funding provided to local government by the Crown Evidence suggests individual councils are operating as a contribution to costs has been welcomed. on a continuum that ranges from meeting the However, analysis shows that both establishment and minimum requirements to complying with Treaty ongoing costs of co-governance and co-management settlement legislation, to full engagement with arrangements are far greater than anticipated, and iwi under co-governance and co-management that Crown contributions have been underestimated. arrangements. Although the latter is the outcome sought from settlements, it is not always achievable. There are significant risks associated with the A key reason for Treaty settlement outcomes not current levels of Crown funding. The first risk is that being fully achieved is that there are significant costs an undue financial burden is placed on councils to associated with engagement for both local authorities implement Treaty settlement redress that the Crown and iwi entities. It is also common for iwi authorities has determined is required to settle long-standing to rely on council staff for support as they participate grievances of Māori. That outcome means costs of in Treaty settlement arrangements.3 settlements are carried by ratepayers, rather than
3 It should be noted too that not all iwi authorities/entities rely Pageon, or ask for113 council of support. 170 4 The Crown practice of making limited one-off LOCAL GOVERNMENT IN TREATY financial contributions does not adequately recognise SETTLEMENTS the ongoing commitment required by councils to ensure Treaty settlement arrangements are enduring Treaty settlements are increasingly providing and sustainable. Furthermore, there needs to be mechanisms for local government to work with greater clarity, visibility, certainty and consistency iwi authorities to govern nationally and regionally across councils as to how financial contributions are significant natural resources: important rivers or other determined by the Crown in each region. water bodies, reserves and parks, etc. Iwi, councils and the Crown share an interest with the public REPORT STRUCTURE to ensure these resources are well governed and protected for future generations. This report sets out the need for increased funding from the Crown and provides a Framework that can A crucial role for councils is the implementation of be used when negotiating financial investment with Treaty settlement arrangements. A council’s role the Crown. The following section describes the scope includes establishing and maintaining co-governance of this exercise and the methodology underlying the entities, providing technical advice for the entities, report. The Treaty settlement arrangements, and those and plan development. This includes legal, scientific, likely to be established in the foreseeable future, policy, planning and resource consenting advice, to are then set out with their key functions described. name a few. In addition, councils provide physical The estimated cost to respective councils for the resources and time to assist with the upskilling of iwi establishment and implementation of each entity, entities on council functions, plans and processes. plan and/or agreement is then provided. Although local authorities are not a party to the Importantly, the report details the numerous deeds of settlement they are nonetheless bound activities performed by councils to support the by the resulting legislation, which gives councils implementation of the arrangements. For example, responsibilities and duties to carry out. These organising meetings and assisting with the drafting obligations can be perceived by local government as of statutory plans and governance documents. By being undertaken on the Crown’s behalf. Appropriate documenting these activities the extent of required Crown financial investment for local government is council staff time is revealed. Often that time and therefore critical to conduct this role. associated costs is not immediately visible or was not contemplated when Treaty settlement arrangements were established. The Crown’s factors for considering financial contribution towards arrangements are compared with that of local government’s factors to provide a complete list for the Crown to consider.
Lastly, the Framework’s purpose, benefits and practical application are explained.
Page 114 of 170 5 PARTICIPATING COUNCILS TE TŌPŪ KAUNIHERA Over several years, councils – both collectively and separately – have raised concerns over sustainable post- Treaty settlement funding with Ministers and Crown officials. In late October 2016 councils agreed a nationally coordinated approach was required to identify options to resolve this collective issue. Local Government New Zealand (LGNZ) provided their support for this report, as did seven North Island councils (the participating councils).4
REPORT SCOPE ARONGA PŪRONGO This report focuses on Treaty settlement • RMA or voluntary arrangements between arrangements, the costs incurred and the estimated councils and iwi authorities. costs for undertaking arrangements by the • Notification obligations for statutory participating councils. It is assumed these costs acknowledgements. are common to all councils across New Zealand. • Marine and Coastal Area (Takutai Moana) Act It reviews financial and other information for the 2011 (MACA) applications. participating councils and provides a rationale for the best approach to obtain fair and accurate funding Costs to local authorities who have not contributed from the Crown for such arrangements. to this report are not included. For example, city and district councils contribute as members on a range of The following matters are not captured by this report. co-governance and co-management arrangements. • Costs for local authorities to engage with These councils however, will have similar costs the Crown and iwi through Treaty settlement when undertaking Treaty settlement functions and negotiations on an as and when required basis.5 activities, to varying degrees.
• Costs associated with Treaty settlement This is the second report prepared specifically for the arrangements that are not directly provided for Crown on the financial impact of Treaty settlements by settlement legislation. on local authorities. The first study was conducted by • Costs to local government of engaging with iwi/ Bay of Plenty Regional Council and Waikato Regional Māori under non-Treaty settlement legislation Council in 2012.6 This report expands on the types of (i.e. (LGA, RMA and the Reserves Act 1977). settlement costs identified in the 2012 study. It also • Mana Whakahono a Rohe Agreements (iwi provides a methodology or tool for calculating local participation agreements) provided through government costs, while providing for a discount recent amendments to the RMA. method to ensure a phase out time for business as usual costs commences.
4 A proposal was tabled at the Regional Council Chief Executive Officers meeting in February 2017 entitled “Establishing a Methodology to Assess Costs (over and above business as usual costs) to Local Authorities for Implementing Treaty of Waitangi Settlement Arrangements”. The participating councils are acknowledged on the back of this report. 5 Participating in Treaty settlement negotiations also incurs significant costs for councils. For example, councils are often asked to provide technical advice and information, Light Detection and Ranging (LiDAR) data, and feedback and support for the development of the settlement options the Crown proposes. 6 Bay of Plenty Regional Council and Waikato Regional Council, “Supporting Information: Impact of Treaty Settlements on Bay of Plenty and Waikato Regional Council”, November 2012. Page 115 of 170 6 METHODOLOGY Participating councils provided information on the costs they have incurred implementing Treaty settlement arrangements. Information was also provided on the wide range of tasks, processes and activities councils undertook to deliver these arrangements.
Every effort has been made to record activities required to establish and operate new arrangements and where possible the actual costs of these arrangements. In most instances councils have been able to call upon financial records to provide accurate numbers. In other instances, cost estimates have been provided. One limitation of the data is that the practice of recording costs after settlement has not been undertaken by councils until more recently.
Work by the Post-Settlement Commitments Unit within the Ministry for Justice, and by Te Puni Kōkiri, has been reviewed to inform the development of the Framework. A register was developed of councils’ obligations under the various Treaty settlements by the Post-Settlement Commitments Unit and a stocktake of council-iwi participation agreements was developed by Te Puni Kōkiri.7 Financial and supporting information provided by the participating councils, and primary documents such as the settlement legislation and deeds of settlement, were also reviewed.
7 “Te Puni Kōkiri Draft Stocktake of Council Iwi Participation Agreements (November 2015)” was developed based on publicly available information and it includes voluntary arrangements as well as those required under Treaty settlements. Te Puni Kōkiri with the support of the Ministry for the Environment developed a spreadsheet. The Post- Settlement Commitments Unit developed a Master List of Commitments for all councils based on Treaty settlement deeds and legislation.Page 116 of 170 Waikato River 7 TYPES OF TREATY SETTLEMENT COSTS NGĀ MOMO UTU WHAKATAUNGA TIRITI Local authorities incur two types of costs when implementing Treaty settlement arrangements: 1. Additional costs, which are imposed on councils due to settlement legislation. 2. Business as usual costs, which occur as a result of engaging with iwi irrespective of settlement legislation.
ADDITIONAL COSTS BUSINESS AS USUAL COSTS Additional costs, as defined here, are costs that local Business as usual (BAU) costs are associated with authorities incur as a direct result of Treaty settlement the normal conduct of business, regardless of arrangements. Notably, additional costs are associated current circumstances, such as administering iwi with the establishment and ongoing costs of co- arrangements under the RMA. Treaty settlement costs governance entities, and the development and may be considered BAU if they overlay or can be implementation of plans, documents or agreements. accommodated within current processes. For example, Additional costs vary from region to region depending if a regional or district plan is due to be reviewed on the type of settlement arrangement negotiated or changed at or around the same time as a co- between iwi and the Crown. Examples of additional governance entity is developing or has developed its costs are listed in Appendix 3 and are classified as own plan for consideration by council, coordination functions and activities that need to be undertaken of the two projects should negate any extra Treaty when implementing Treaty settlement arrangements. settlement cost. This needs to be qualified by the For example: amount and type of additional work involving council staff, which will vary between councils. • Administrative support, democratic services and other council staff services required for Relationship management with iwi is also considered the provision of the exercise of powers and a BAU cost. For example, councils can act in an functions for the co-governance entities, boards intermediary capacity for iwi with the Crown or other or committees. entities both within and outside Treaty settlement • RMA policy development activities that are not arrangements. Council staff are regularly asked to planned or anticipated but are required by a interpret maps or legislation, or to assist with the Treaty settlement within a specified timeframe. resolution of other relevant issues or concerns that • Specialist technical staff time on the development may arise from arrangements. and implementation of co-governance entity plans, documents and joint management agreements or other such agreements as required. • Assistance with building iwi capacity to participate in the Treaty settlement arrangements. For example, councils contracting independent advisors for the tangata whenua representatives who sit on the Hawke’s Bay Regional Planning Committee and the establishment of two senior Treaty advisors to support the Rangitāiki River Forum, Kaituna River Authority Te Maru o Kaituna and the forthcoming Tauranga Harbour Governance Group in the Bay of Plenty.
Page 117 of 170 8 ISSUES WITH TREATY SETTLEMENT COSTS 1. Not all arrangements are put into place immediately following Treaty settlement legislation being enacted. Some are delayed for several reasons. One example includes a Joint Management Agreement with Tūwharetoa Māori Trust Board. The Waikato River section of this Joint Management Agreement was developed in August 2016, with the Taupo Waters section currently being developed. However, the legislation came into force in October 2010.8 Similarly, one arrangement was put into place prior to Treaty settlement legislation being enacted. For example, the Hawke’s Bay Regional Planning Committee.9 2. Costs vary for councils in each region. Whilst the arrangements may be similar in nature the scale and functions may vary for each. In addition, staff time, expertise and experience with the arrangements is key.
8 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010. 9 Hawke’s Bay Regional Planning Committee Act 2015.
Page 118 of 170 Confluence of Taruheru, Waimata and Turanganui Rivers9 TREATY SETTLEMENT ARRANGEMENTS AND COSTS NGĀ RITENGA/UTU WHAKATAUNGA TIRITI The Treaty settlement arrangements for the participating councils are set out in the Appendices. Appendix 1 highlights the types of settlement arrangements for the participating councils and Appendix 2 highlights the costs associated with each arrangement.12 arrangement.10
TYPES OF TREATY SETTLEMENT TREATY SETTLEMENT COSTS ARRANGEMENTS Appendix 2 compares Crown contributions to the Participating councils are all involved in the actual costs (where available) or estimated costs implementation of Treaty settlement arrangements for councils when implementing Treaty settlement for co-governance and co-management within their arrangements. The table also shows what councils respective regions. Each arrangement has different have sought from the Crown for future settlement levels of responsibilities and obligations that trigger arrangements where this has occurred. These activities and thereby attract additional costs. amounts have been forecasted by councils and are significantly more than past Crown contributions. Appendix 1 outlines 25 arrangements that are either In some instances the Crown has directed where in place through statute or are at the Bill or deed of Crown funding is spent. In other instances councils settlement stage and are thus imminent. In all cases, can determine how funding is apportioned across the participating councils are required to establish arrangements or the co-governance entity can and maintain some form of permanent co-governance determine. entity, committee or board. These entities must prepare and approve a plan or document of some The evidence is clear that council costs of description, which has varying legal weight and implementing Treaty settlement arrangements far status, for consideration by councils under the RMA exceed Crown contributions. The evidence is also and the LGA. clear that ongoing costs for councils are significant. A strong argument can be made, therefore, for the Obligations arise for councils when preparing, Crown to also contribute to ongoing costs for a reviewing or amending RMA planning documents, defined period. considering resource consent applications and making decisions. These functions require a significant For example, the Hawke’s Bay Regional Planning amount of council time, money and resource in the Committee received $100,000 as a one-off Crown development and implementation stages. contribution on its establishment. Actual costs to run the committee for the period 2010 to 2016 were $787,627 (or an average of $131,271 per annum). The annual costs of running the now formally established body is estimated at $753,480. This greater cost is due mainly to an increase in the number of meetings (two per month), the type of work undertaken by the committee and the addition of two contracted independent iwi advisors for the tangata whenua representatives who sit on the committee.11
10 Some costs are estimated or forecasted. 11 The Hawke’s Bay Regional Planning Committee established itselfPage pre-Treaty 119 legislation. of 170 10 The Crown’s approach to funding has been council. Costs incurred by Waikato Regional Council inconsistent with different amounts provided to to support participation in the process by the five councils for similar arrangements. For example, within Waikato and Waipa river iwi have been estimated at the Bay of Plenty region there are two mandated co- $5,860,000.14 governance entities: the Rangitāiki River Forum and the Te Maru o Kaituna Kaituna River Authority. Both TREATY SETTLEMENT ACTIVITIES require the development of statutory river planning The research undertaken for this report reveals a documents (which are not required by any other significant amount of council staff time is spent on legislation). The Crown did not provide any funding drafting documentation, processes and policies for for the establishment of the Rangitāiki River Forum the various arrangements. This includes undertaking co-governance entity or plan. Bay of Plenty Regional activities and tasks for a co-governance authority, Council has provided a conservative estimate that a joint management agreement, or for plan the development of the Rangitāiki River Document development and implementation. Rarely is this time (plan) has cost around $164,000 and believes the recorded in an accurate or consistent fashion. Often ongoing costs of implementation will be significant.12 there are reactive or unplanned tasks associated In contrast the Crown provided a contribution of with activities which are not immediately obvious $250,000 to establish the Kaituna River Authority. from the deeds of settlement and empowering The Kaituna Statutory River Planning Document legislation. The importance of staff time should not be is currently out for public consultation thereby underestimated as this is the key area where councils potentially attracting further costs for Bay of Plenty carry additional costs. It is these functions and Regional Council. activities that underpin council costs and form the Treaty settlement legislation can also require reviews basis of the Framework set out in the next section. and amendments of statutory plans earlier than when Appendix 3 shows a breakdown of the functions and required by the council. This can lead to additional activities including tasks required for each Treaty costs for councils. For example, under the Waikato settlement arrangement.15 and Waipā rivers settlement legislation Waikato Regional Council is required to assess whether the Regional Policy Statement gives effect to the Vision CROWN POLICY and Strategy for the Waikato River, and to initiate Under Crown policy the level of Crown contribution an amendment to the Regional Policy Statement if to local government is at the discretion of Cabinet it does not do so. In 2012 a review was carried out and is assessed on its own merits taking into account which determined the regional plan needed to be a range of factors. These factors have been assessed reviewed to give effect to the Vision and Strategy. No and updated by the participating councils to show funding was provided by the Crown for this work. In what should be considered when determining contrast, the RMA only requires Waikato Regional the financial investment needed to establish and Council to commence a review of sections of the implement arrangements. These factors are outlined regional plan every 10 years.13 in Appendix 4 alongside the Crown policy.
The cost to Waikato Regional Council to develop the Healthy Rivers/Wai Ora: Proposed Waikato Regional Plan Change 1 to the notification stage is conservatively estimated at $13 million. Due to both the co-governance arrangements and the highly collaborative nature of the Healthy Rivers Wai Ora process, the $13 million spend to date is higher than any other policy process implemented by this regional
12 This amount does not factor in staff and management time, engagement and public notices, meeting and venue costs, technical expertise, the Tuna Plan or Regional Policy Statement Change 3. These are variables that will increase this cost estimate. The plan was developed in 2014/2015. 13 Section 79(1)(b) of the RMA. 14 The five aikatoW and Waipa river iwi are Waikato-Tainui, Maniapoto, Raukawa, Te Arawa and Ngāti Tuwharetoa. 15 Appendix 3 is not an exhaustive list. Further activities are listed in the Framework. Page 120 of 170 11 THE FRAMEWORK TE ANGAANGA As set out in this report Crown contributions for costs are discretionary and have been inconsistently applied across the many Treaty settlement arrangements. To make clear the higher than assumed costs for councils to implement Treaty settlement arrangements, and to ensure consistency in the provision of future funding arrangements, a comprehensive planning framework has been developed.
PURPOSE OF THE FRAMEWORK DESIGN OF THE FRAMEWORK The Framework is designed to assist the Crown and The Framework is based on actual commitments councils to assess accurate costs of establishing, or obligations arising from each Treaty settlement implementing, maintaining, monitoring and reviewing arrangement. These commitments have been Treaty settlement arrangements. It is recommended transferred into activities and tasks typically as a tool during the negotiation stages to provide undertaken by groups within council responsible for consistency, certainty, accountability and transparency the regulatory, integrated catchment management for Crown funding. and policy functions.
KEY PURPOSES OF THE FRAMEWORK INCLUDE: The activities have been identified through the • Provide a tool to calculate actual costs of research undertaken with each participating council Treaty settlement arrangements and associated and have been merged to form a complete set. Not functions and activities. all activities are required by each council and not all are required for each Treaty settlement arrangement. • Show accountability and transparency to Treaty This is an outcome of variation between different partners, ratepayers, interest groups, industries, settlement arrangements and the practices of communities and stakeholders when entering individual councils.16 legislated arrangements. • Provide certainty and clarity to local government The Framework provides a selection tool to assess on how Crown financial contributions are what each council is required to undertake when determined and applied nationally. discussing with the Crown the type of arrangement • Demonstrate that the Crown has a strong interest being considered. It is flexible in that additional in ensuring that Treaty settlement arrangements arrangements, functions, activities and tasks can be are successful and enduring. added to the Framework. Rates for staff, management and councillors have been provided as an example • Highlight the importance of local government’s and can be substituted for each council’s own rates. acceptance of responsibilities for the Crown Once activities and costs have been entered a (as Treaty partner) in ensuring beneficial social, discount method is applied automatically to the costs. economic, cultural and environmental outcomes are achieved for iwi. The discount method can discount BAU costs from additional costs. This is done in the following way. • If there is a new activity under the arrangement or an activity that has been brought forward by five years or more due to Treaty settlement legislation, then 100 per cent of the costs are applied.
16 Updates are being made to the Framework to recognise the dynamic nature of the arrangements and to allow for council variation. This will be an ongoing process. Page 121 of 170 12 • If a council has planned to undertake an ALIGNMENT WITH CROWN POLICY activity within a five-year period, but due to Treaty settlement requirements the activity is THE FRAMEWORK ALIGNS WITH CROWN POLICY: bought forward, then 20 per cent of the total • It is a transparent tool capturing all activities and implementation costs per annum are applied for can be adapted to include more, recognising the each year that the activity is implemented earlier. varied nature of Treaty settlement arrangements. This is represented in the Framework as a 20 • It deals with additional costs in a consistent per cent discount for the Crown off the full cost manner as opposed to an-hoc approach across of implementation of the activity for each year councils. within the five-year period that the activity is • Each contribution can be assessed on its bought forward. The discount method is shown in own merits based on activities that must be appendix 5. undertaken. • The discount rate and the five-year time period • It allows the Crown to retain a phasing-out policy are based on the established principle that every for BAU costs so that longer term arrangements three years the long term plan is reviewed and are ‘normalised’. every five years catchment or other council plans • It allows the Crown to contribute to new are reviewed, amended or developed including arrangements that are not part of a council’s LTP consideration of RMA planning documents for or annual plans (i.e., that are not BAU costs). review.17 In this situation BAU costs under the • It provides a clear framework to consider true Crown policy could commence from five years costs, but also allows flexibility to respond to as opposed to three years. This would provide different circumstances and the nature of a the Crown with a phase out or transition period particular arrangement. for arrangements to become ‘normalised’ within councils. • The complexity of arrangements are broken down into manageable components so that the scale BENEFITS OF THE FRAMEWORK and nature of costs can be assessed more easily. • It has the ability to be updated and amended THE FRAMEWORK: in line with changes to Crown policy or council • Contains a comprehensive spectrum of costs. specific arrangements. • Has been developed to enable each council to actively negotiate a financial contribution for costs with the Crown. • Can be used to highlight the costs of all arrangements to the Crown retrospectively. • Caters for delayed or staged arrangements, so that planning for a Joint Management Agreement or other such arrangement two or more years after the commencement date can be accounted for. • Details functions and activities to enable councils to undertake better planning, financial management and project management, and avoid duplication of work.
17 These plans are not all on the same cycle but at any given point over the five year period a plan of some description will need reviewing, amending or developing. Page 122 of 170 13 REFERENCES KOHIKOHINGA RAUEMI LEGISLATION DEEDS OF SETTLEMENT • Hawke’s Bay Regional Planning Committee Act 2015 • Ahuriri Hapū and the Trustees of the Mana Ahuriri Trust and the Crown Deed of Settlement • Nga Wai o Maniapoto (Waipa River) Act 2012 of Historical Claims 2 November 2016 • Nga Mana Whenua o Tamaki Makaurau Collective • Deed of Settlement of Historical claims - Ngāti Redress Act 2014 Tūwharetoa • Ngāi Takoto Claims Settlement Act 2015 • Nga Mana Whenua o Tamaki Makaurau Collective • Ngāi Tāmanuhiri Claims Settlement Act 2012 Redress Deed • Ngāti Manawa Claims Settlement Act 2012 • Ngāti Rangi and the Trustees of Te Tōtarahoe o • Ngati Tuwharetoa, Raukawa and Te Arawa River Paerangi Trust and the Crown Deed of Settlement Iwi Waikato River Act 2010 of Historical Claims 17 August 2017 • Ngāti Whare Claims Settlement Act 2012 • Pare Hauraki Collective Redress Deed • Ngati Whatua o Kaipara Claims Settlement Act 2013 • Tauranga Moana Iwi Collective Deed • Ngati Whatua Orakei Claims Settlement Act 2012 • Orakei Act 1991 • Rangitane o Manawatu Claims Settlement Act 2016 • Pare Hauraki Collective Redress Deed 2017 • Raukawa Claims Settlement Act 2014 • Reserves Act 1977 • Tapuika Claims Settlement Act 2014 • Te Arawa Lakes Settlement Act 2006 • Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 • Te Aupouri Claims Settlement Act 2015 • Te Hiku Claims Settlement Act 2015 • Te Rarawa Claims Settlement Act 2015 • Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
Page 123 of 170 14 AGREEMENTS REPORTS AND PLANS • Co-Management Agreement for Waikato River • “Establishing a Methodology to Assess Costs Related Lands – Waikato Raupatu River Trust and (over and above business as usual costs) to Local Waikato Regional Council (2012) Authorities for Implementing Treaty of Waitangi • Joint Management Agreement – Raukawa Settlement Arrangements (the Proposal) Settlement Trust and Waikato Regional Council • Local Government New Zealand [LGNZ] (10 May 2012) “Frequently Asked Questions on Council − Maori • Joint Management Agreement – Tuwharetoa Engagement: A Resource to Support Councils”, Maori Trust Board and Waikato Regional Council October 2007 (August 2016) • Office of Auditor-General “Principles for • Joint Management Agreement – Te Arawa River Effectively Co-Governing Natural Resources” Iwi Trust and Waikato Regional Council (August February 2016 2012) • Te Oneroa-a-Tohe “Board Request for Proposal • Joint Management Agreement – Maniapoto Māori Focus Treaty Settlement Implementation: Maori Trust Board and Waikato Regional Council, Beach Management Plan” Otorohanga District Council, Waikato District • Waikato Regional Council “Joint Management Council, Waipa District Council and Waitomo Agreement Review Waikato Raupatu Settlement District Council (April 2013) Trust Case Study” 2014 • Joint Management Agreement – Te Runganganui • Te Puni Kōkiri Draft Stocktake of Council Iwi o Ngati Porou Trustee Limited and Gisborne Participation Agreements (November 2015) District Council (October 2015) • Waikato Regional Council and Bay of Plenty • Joint Management Agreement – Waikato Raupatu Regional Council, “Supporting Information: River Trust and Waikato Regional Council (18 Impact of Treaty Settlements on Bay of Plenty and June 2013) Waikato Regional Councils” November 2012 • Ngāti Whātua Iwi and the Crown Kaipara Moana Framework Agreement (18 August 2014)
Page 124 of 170 15 (Te Ture (Te Ture 19 DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Develop Vision and Strategy for the Lakes of the Rotorua district. for the Lakes of Rotorua Develop Vision and Strategy policy document. Overarching River for the Waikato Develop Vision and Strategy s41 of the a management plan (under and approve Prepare Act 1977). Reserves Act 1977. Governance and management work under the Reserves Prepare and approve Rangitaiki River Document. and approve Prepare planning documents RMA for the vision, and provide authority must recognise Local outcomes contained in the Rangitaiki objectives and desired River Document. to plan change local authority must have Prior to the River document. particular regard Whaimana o Te Awa o Waikato). Awa Whaimana o Te Policy Regional forms part of the Waikato The Vision and Strategy and district policy Statement. It is binding on all national, regional, and statements and decisions for the management of Waikato rivers. Waipā
20 21 18 Two appointed by iwi Two local authorities appointed by relevant Four One MfE member attends meetings appointed by iwi Five appointed by the Crown Five appointed by iwi Three Council appointed by Auckland Three Six appointed by iwi local authorities Six appointed by relevant subsequently added and Ngāti Hineuru were Ngāi Tūhoe after its establishment in 2012 to the Forum
• • • • • • • • • • SCOPE AND MEMBERSHIP AND SCOPE Six members Group Members must comply with the terms of Strategy Agreement. Catchment includes the 12 large Rotorua lakes and their Rotorua Catchment includes the 12 large associated catchments. Huka River from Covers a catchment comprising the Waikato to its source River from the Waipā o Waikato, Puaha to Te Falls and their catchments. River, its connection with the Waikato members Ten (Bastion Point). and manage the Whenua Rangatira Control Rangitaiki River and its catchment including the Whirinaki, rivers. Wheao and Horomanga members Twelve Six members TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE ROTORUA-TE ARAWA LAKES STRATEGY GROUP STRATEGY LAKES ARAWA ROTORUA-TE AUTHORITY RIVER WAIKATO BOARD RESERVES ŌRĀKEI WHATUA NGĀTI FORUM RIVER RANGITAIKI Formerly Rotorua Lakes Strategy Group Lakes Strategy Rotorua Formerly Joint committee of council Permanent Independent statutory body Board Reserves Ngāti Whatua o Ōrākei Formerly Act 1991 under the Ōrākei body Statutory joint committee of council Permanent ākei Act 1991. uhoe all have a seat on the Rangitaiki River Forum through their claim settlement Acts. Ngāti Awa and Ngāti Tūwharetoa have membership via the settlement acts of Ngāti Whare and Ngāti Manawa. Whakatane District Council, Taupo District Council and and Ngāti Manawa. have membership via the settlement acts of Ngāti Whare Whakatane District Council, Taupo and Ngāti Tūwharetoa their claim settlement Acts. Ngāti Awa through uhoe all have a seat on the Rangitaiki River Forum dians Establishment Committee first developed the Vision and Strategy for the Waikato River in 2008. Legislation was enacted in 2010 creating the Waikato River Authority. See Waikato-Tainui Raupatu Claims River) Settlement Act 2010. (Waikato Waikato-Tainui See Authority. Waikato River the Legislation was enacted in 2010 creating Waikato River in 2008. for the Strategy dians Establishment Committee first developed the Vision and R The Guar As described in Schedule 3 of the Ōr Hineuru and T BoPRC makeup the remaining seats. Other iwi and local authorities may join the forum through consensus. seats. Other iwi and local authorities may join the forum through makeup the remaining BoPRC
SETTLEMENT REGIONAL PLENTY OF BAY COUNCIL COUNCIL REGIONAL WAIKATO COUNCIL AUCKLAND REGIONAL PLENTY OF BAY COUNCIL 2006 Te Arawa Lakes Settlement Act Lakes Settlement Act Arawa Te 2006 2010 Raupatu Claims Waikato-Tainui (Waikato River) Settlement Act 2010 2012 Claims Ngāti Whātua Ōrākei 2012 Settlement Act 2012 Claims Settlement Act Ngāti Whare 2012 and Ngāti Manawa Claims 2012 Settlement Act APPENDIX 1: SETTLEMENT ARRANGEMENTS SETTLEMENT 1: APPENDIX SETTLEMENT ARRANGEMENTS FOR PARTICIPATING COUNCILS COUNCILS PARTICIPATING FOR ARRANGEMENTS SETTLEMENT Page 125 of 170 18 19 and Tikitapu. 20 Rotomā, Rotokakahi, Rotomahana, Rotorua, Rotoiti, Tarawera, Rotoehu, Ōkataina, Rerewhakaaitu, otorua lakes means Lakes Ōkareka, Ōkaro, 21 16 DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Development of Joint Management Agreement. Establishment of co-governance committee. planning documents, resource for RMA Establishment of processes and customary activities. consents, monitoring and enforcement (to be Management Plan River Integrated Upper Waikato developed). Development of Joint Management Agreement. Establishment of co-governance committee. planning documents, resource for RMA Establishment of processes and customary activities. consents, monitoring and enforcement (to be Management Plan River Integrated Upper Waikato developed). Management Plan. Reserve and approve Prepare Act 1977. Governance and management work under the Reserves Development of Co-managed Lands Agreement. Four appointed by iwi Four Council Regional appointed by Waikato Four appointed by iwi Four Council Regional appointed by Waikato Four appointed by iwi Three Council appointed by Auckland Three
• • • • • • SCOPE AND MEMBERSHIP AND SCOPE Waikato River and activities within its catchment affecting Waikato to activities in the River and matters relating the Waikato to its junction its source River from catchment of the Waipā River with the Puniu joint Eight members - Joint Management Agreement committee River and activities within its catchment affecting the Waikato River. Waikato joint Eight members – Joint Management Agreement committee lands including fee simple sites, River related Waikato For sites. and reserve managed properties Reserve). Recreation Kaipātiki (formerly Parakai members eight, if agreed) Six (or TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE JOINT COMMITTEE UNDER JOINT MANAGEMENT AGREEMENT MANAGEMENT JOINT UNDER COMMITTEE JOINT AGREEMENT MANAGEMENT JOINT UNDER COMMITTEE JOINT LANDS RELATED RIVER WAIKATO FOR AGREEMENT CO-MANAGEMENT BOARD KAIPARA KI KAIPĀTIKI O POARI TE Raukawa Settlement Trust and Waikato Regional Regional and Waikato Raukawa Settlement Trust Council committee of council Statutory Regional and Waikato River Iwi Trust Arawa Te Council committee of council Statutory Regional Waikato Raupatu River Trust Waikato Council Board Reserve Recreation Parakai Formerly is a public entity within the meaning of The Board Act 2001 Audit s4 of the Public SETTLEMENT COUNCIL REGIONAL WAIKATO COUNCIL REGIONAL WAIKATO COUNCIL REGIONAL WAIKATO COUNCIL AUCKLAND 2012 Ngāti Tuwharetoa, Raukawa, and Ngāti Tuwharetoa, River River Iwi Waikato Arawa Te 2010 Act 2012 Raukawa, and Ngāti Tuwharetoa, Page River River Iwi Waikato Arawa Te 2010 Act 1262012 of 170 Raupatu (Waikato Tainui Waikato 2010 River) Settlement Act 2013 Claims Ngāti Whātua o Kaipara 2013 Settlement Act 17
DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Development of Joint Management Agreement. Establishment of co-governance committee. planning documents, resource for RMA Establishment of processes and customary activities. consents, monitoring and enforcement (to be developed). Management Plan River Integrated Upper Waipā Development of Joint Management Agreement. Establishment of co-governance committee. planning documents, resource for RMA Establishment of processes and customary activities. consents, monitoring and enforcement (to be developed). River Management Plan Integrated Kaituna River Document. Documents Planning RMA for the vision, and provide authority must recognise Local outcomes of the Kaituna River Document. objectives and desired to the to plan change local authority must have regard Prior Kaituna River Document. LGA of the Kaituna River Councils must take into account the provisions Document when making decisions under the LGA. (IMP) - s41 Management Plan the Integrated and approve Prepare Act applies to the IMP. of the Reserves Makaurau Hold annual hui between Ngā Mana Whenua o Tāmaki Council. and Auckland Council and Auckland Maunga Authority Each year the Tūpuna plan. and adopt an annual operational must agree Act Other governance and management work under the Reserves 1977.
23 Four appointed by iwi Four Council Regional appointed by Waikato Four appointed by iwi Four Council Regional appointed by Waikato Four appointed by iwi Five local authorities appointed by relevant Five a through Ngāti Whakaue was appointed onto the Forum consensus decision of the forum in June 2017 Six appointed by iwi Council Six appointed by Auckland member appointed by the Minister for One non-voting and Heritage Arts, Culture
• • • • • • • • • • SCOPE AND MEMBERSHIP AND SCOPE Waipā River and activities within its catchment affecting the Waipā River. Waipā joint Eight members – Joint Management Agreement committee River and activities within its catchment affecting the Waikato River. Waikato joint Eight members – Joint Management Agreement committee Kaituna River including its tributaries. members Ten mountains) Maunga (ancestral Covers the 14 Tūpuna collectively to Ngā Mana Whenua o Tāmaki transferred Makaurau. Thirteen members 22
TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE JOINT COMMITTEE UNDER JOINT MANAGEMENT AGREEMENT MANAGEMENT JOINT UNDER COMMITTEE JOINT AGREEMENT MANAGEMENT JOINT UNDER COMMITTEE JOINT KAITUNA O MARU TE AUTHORITY MAKAURAU TĀMAKI O MAUNGA TŪPUNA Waikato Regional Council, Waitomo District Council, Waitomo Regional Waikato District District Council, Waipa Council, Waikato Board Council and Maniapoto Māori Trust committee of council Statutory Regional and Waikato Raupatu River Trust Waikato Council committee of council Statutory joint committee of council Permanent authority Statutory Kaituna River Authority aitaha and affiliate Te Arawa all have a seat on the Kaituna River Authority via the Tapuika Settlement Act. Other iwi and local authorities can join the Kaituna River Authority through consensus of the Authority or through Treaty legislation. Authority or through consensus of the Tapuika Settlement Act. Authority through Other iwi and local authorities can join the Kaituna River Authority via the Arawa all have a seat on the Kaituna River Te aitaha and affiliate oup of iwi of Auckland. oup of iwi Auckland. Ngāti Rangiwewehi, W The collective gr
SETTLEMENT COUNCIL REGIONAL WAIKATO COUNCIL REGIONAL WAIKATO REGIONAL PLENTY OF BAY CONCIL COUNCIL AUCKLAND 2013 Ngā Wai o Maniapoto (Waipā River) Ngā Wai 2012 Act 2013 Raupatu (Waikato Tainui Waikato 2010 River) Settlement Act 2014 2014 Act Settlement Claims Tapuika 2014 Ngā Mana Whenua o Tāmaki Act Collective Redress Makaurau 2014 Page 127 of 170 22 23 18
DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Development and approval of Beach Management Plan. of Beach Management Plan. Development and approval management plans Includes the development of four Reserve Act 1977). s41 of the Reserves (under planning documents RMA for the vision, and provide authority must recognise Local outcomes identified in the Beach objectives and desired to the Beach Council must have regard Management Plan. until the obligation above has been complied with. Management Plan LGA when Councils must take into account the Beach Management Plan making decisions under the LGA. to Committee may recommend Planning The Hawkes Bay Regional change the council for public notification content of any draft plan, or proposed policy statement or regional to the regional RMA plan and to monitor the efficiency effectiveness of and implement a with s35 of the RMA documents in accordance for their review. work programme at least a super majority (80 per cent by committee requires Voting of members present). made by the a recommendation Council cannot simply reject Committee. Planning Hawkes Bay Regional back for further Hawkes Bay to refer Council is required if council is minded Committee consideration Planning Regional Committee Planning not to accept a Hawkes Bay Regional recommendation. Development of Joint Management Agreement. Establishment of co-governance committee. planning documents, resource for RMA Established processes and customary activities. consents, monitoring and enforcement (to be Management Plan River Integrated Upper Waikato developed). Four appointed by Te Hiku iwi appointed by Te Four local authorities appointed by relevant Four appointed by iwi Ten Council Bay Regional appointed by Hawke’s Ten appointed by iwi Four Council Regional appointed by Waikato Four
• • • • • • SCOPE AND MEMBERSHIP AND SCOPE Te Oneroa a Tōhē management area which includes the management area a Tōhē Oneroa Te strips adjacent to the beach, marine and coastal area, marginal Mai ki Waikoropūpūnoa, I Waikanae Beach sites A to D (Mai and Mai Mai I Ngāpae ki Waimoho ki Waimahuru, i Hukatere ki Ngāpae) and may include any adjacent land I Waimimiha and land owner agreement subject to Board Eight members documents. of RMA oversee the development and review To members Twenty River and activities within its to the Waikato Matters relating relating to Waikato River and matters catchment affecting the Waters. the waterways within Taupo joint Eight members - Joint Management Agreement committee TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE TE ONEROA A TŌHĒ BOARD TŌHĒ A ONEROA TE COMMITTEE PLANNING REGIONAL BAY HAWKE’S AGREEMENT MANAGEMENT JOINT UNDER COMMITTEE JOINT Ninety Mile Beach joint committee of council Permanent joint committee of council Permanent and Waikato Board Māori Trust Tūwharetoa Council Regional 2016) (signed committee of council Statutory
24 T
SETTLEMENT COUNCIL REGIONAL NORTHLAND REGIONAL BAY HAWKE’S COUNCIL COUNCIL REGIONAL WAIKATO 2015 Te Hiku Claims Settlement Act 2015 Hiku Claims Settlement Act Te for Ninety Mile Collective redress Beach 2015 Planning Hawkes Bay Regional 2015 Committee Act 2016 Raukawa, and Ngaāti Tuwharetoa, River River Iwi Waikato Arawa Te 2010 Act Page 128 of 170 24 Board. a Tōhē Oneroa Ngāti Kahu is at the deed of settlement stage but has decided not to join Te and Ngāti Kuri. Rarawa Te NgāiTakoto, Aupouri, for Ninety Mile Beach. It includes the following iwi: Te e Hiku Claims Settlement Act 2015 contains the collective redress 19 DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT The Board may provide written advice to Horizons Regional Council written advice to Horizons Regional may provide The Board management issues. to freshwater in relation to advice of the Board Council must have regard Horizons Regional that as to how the council considered back to the Board and report advice. Document). Strategy Ngahuru (Management Keke Te powers under a number of statutes must have exercising Persons Heke Ngahuru. to Te particular regard of statutes must recognise decision makers under a range Statutory Kawa. Te and Tupua Tupua Awa for the status of Te and provide planning documents RMA Heke planning documents in light of Te consider RMA Must Ngahuru. Horizons Regional Council and iwi to draft terms of Council and iwi to draft Horizons Regional and for the appointment of members, operation reference of the Board administration Tiaki o Whanganui One appointed by Ngā Tāngata in the Up to five appointed by iwi with interests Whanganui River local authorities Up to four appointed by the relevant and Game New Zealand One appointed by Fish of Conservation One appointed by the Director-General Limited One appointed by Genesis Energy Council to members appointed by Horizons Regional Four the following interests: represent and conservation environmental tourism recreational primary sector.
• • • • • • • • • • • • SCOPE AND MEMBERSHIP AND SCOPE Manawatu River catchment that is within Horizons Regional Manawatu River catchment that is within Horizons Regional Council jurisdiction. Membership the mountains to sea.Whanganui River catchment from Up to seventeen members TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE MANAWATU RIVER CATCHMENT ADVISORY BOARD ADVISORY CATCHMENT RIVER MANAWATU GROUP) (STRATEGY TUPUA AWA TE NĀ KŌPUKA TE Statutory board board Statutory can be disestablished by majority vote Board joint committee of council Permanent 25 T
SETTLEMENT COUNCIL REGIONAL HORIZONS COUNCIL REGIONAL HORIZONS 2016 Rangitāne o Manawatu Claims 2016 Settlement Act 2017 (Whanganui River Tupua Awa Te 2017 Claims Settlement) Act Page 129 of 170 25 legal identity. is the Whanganui River’s Tupua e Awa 20
DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Te Kaupapa Kaitiaki (Taupō Catchment Plan) Catchment Plan) Kaupapa Kaitiaki (Taupō Te planning documents RMA for the vision, and provide authority must recognise Local Kaupapa Kaitiaki. outcomes in Te objectives and desired consent Resource Kaupapa Kaitiaki. to Te authority must have particular regard Local LGA Kaupapa Kaitiaki to Te A local authority must have particular regard long term plans or annual under or approving in preparing the LGA. function is to achieve the purpose. Primary Gather and disseminate information hold meetings to identify existing and new issues. and monitor the same. Develop policy and strategies and management of the natural and coordinate integrated Promote Body area. Leadership of the Local physical resources planning of RMA information to assist with the preparation Provide documents. Prepare and approve the Kaipara Moana Strategic document. Moana Strategic the Kaipara and approve Prepare of legal weighting to be determined. Level 26 Four appointed by Ngāti Tūwharetoa Four local authorities appointed by relevant Four Six appointed by iwi Six appointed by Gisborne District Council
• • • • SCOPE AND MEMBERSHIP AND SCOPE Twelve members Twelve Jurisdiction across the whole Lake Taupō catchment. the whole Lake Taupō Jurisdiction across Eight members Body is to contribute the Leadership of the Local Purpose and physical resources sustainable management of the natural Body Area. Leadership in the Local Harbour (Kaipara of the Kaipara The coastal marine area parts of the rivers flowing into Moana) and any agreed Moana of Kaipara Moana and the coastal environment Kaipara (to be determined). Membership to be determined but equal iwi and council members TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE TE KOPUA KĀNAPANAPA KOPUA TE BODY LEADERSHIP LOCAL BODY MOANA KAIPARA (Taupo Catchment Entity) joint committee of council Permanent joint committee of council Permanent Committee status to be determined The L
SETTLEMENT COUNCIL REGIONAL WAIKATO COUNCIL DISTRICT GISBORNE FUTURE COUNCIL REGIONAL NORTHLAND COUNCIL AUCKLAND AND 2017 Deed of Settlement Historical claims – Ngāti Tūwharetoa 8 July 2017) (signed 2017 Claims Settlement Ngai Tāmanuhiri 2012 Act Ngāti Whatua Iwi Moana Framework Kaipara Agreement 2014) (signed Page 130 of 170 26 Deed of Settlement. under the Ngai Tāmanuhiri Deed plan OTS-005-044 is outlined in the OTS Body area ocal Leadership 21
DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Hauraki Authority Resource Plan (HARP) Plan Resource Authority Hauraki consents resource Effect of HARP on the RPS and of the plan into RPS. Through methods for incorporation Two and the obligation to “recognise or through incorporation direct Council must have process. for” the RMA provide the plan through to plan until the obligation above has been complied with. regard then the component of RPS containing incorporation If direct HARP may not be amended even when the RPS is under review. incorporation. does not apply to direct Schedule 1 of the RMA LGA to the catchment plan A local authority must have particular regard when making decisions under the LGA. Upper Mangatangi and Mangatawhiri Catchments Plan. LGA documents to be finalised. and Effect on RMA Prepare and adopt Nga Tai ki Mauao (Tauranga Moana Framework Moana Framework ki Mauao (Tauranga and adopt Nga Tai Prepare document). of legal weighting to be determined. Level Seven appointed by iwi Council Regional appointed by Waikato Two territorial authorities appointed by relevant Five appointed by iwi Four local authorities appointed by relevant Four
• • • • • SCOPE AND MEMBERSHIP AND SCOPE The waterways of the Coromandel, Waihou and Piako and Piako Waihou The waterways of the Coromandel, catchments. members Fourteen Subcommittee is to be established as a Piako Mātāpuna o ngā Waihou Te committee of the co-governance authority and will focus on rivers. and Piako the upper Waihou Eight members on subcommittee The waterways of the Upper Mangatangi and Mangatawhiri catchments. Committee membership to be finalised. The waters (including internal waters and tidal lagoons) and The waters (including internal and tidal lagoons) features and other geographical resources other natural Harbour) comprising the coastal marine (including Tauranga watercourses and natural creeks and the rivers, streams, area; Harbour or the sea at within the catchment in Tauranga any points; and wetlands, swamps, lagoons within the of the water catchment and the beds aquatic margins bodies; and the ecosystems associated with waters features. natural Membership to be determined but equal iwi and council numbers. TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE TAURANGA MOANA GOVERNANCE GROUP GOVERNANCE MOANA TAURANGA AUTHORITY CATCHMENT COROMANDEL PIAKO, WAIHOU, AUTHORITY CATCHMENT MANGATAWHIRI AND MANGATANGI UPPER Committee status to be determined authority Statutory of committee to be determined Status
27 T
FUTURE SETTLEMENT REGIONAL PLENTY OF BAY COUNCIL FUTURE COUNCIL REGIONAL WAIKATO FUTURE COUNCIL REGIONAL WAIKATO Tauranga Moana Iwi Collective Tauranga Deed 2015) (signed Collective Redress Hauraki Pare Deed of Settlement (initialled December 2016) Mangatangi and Mangatawhiri Waterways but part of Hauraki (separate Collective) Page 131 of 170 27 and Ngāti Ranginui. Rangi, Ngāti Pukenga Moana Iwi Collective Deed includes Ngai Te auranga 22 Lake Taupō
DOCUMENT AND LEGAL WEIGHTING LEGAL AND DOCUMENT Prepare Te Waiū-o-te-Ika catchment document. Waiū-o-te-Ika Te Prepare consents, a consent authority When making decisions on resource catchment Waiū-o-te-Ika to the Te must have particular regard document. LGA Waiū-o-te- to the Te A local authority must have particular regard Ika catchment document. Prepare and approve Te Muriwai o Te Whanga Plan. o Te Muriwai Te and approve Prepare Whanga o Te Muriwai to the Te authority must have regard Local planning document or or amending a RMA when preparing Plan consent application. resource LGA Whanga Plan o Te Muriwai to Te A local authority must have regard 2002. when making a decision under the LGA
28 (Entity name to be determined) Five appointed by iwi Five local authorities appointed by relevant Five
• • SCOPE AND MEMBERSHIP AND SCOPE Ahuriri Estuary and catchment areas. (Whangaehu Waiū-o-te-Ika River) Catchment. Te members Ten Eight members appointed by iwi Four local authorities appointed by relevant Three One appointed by the Department of Conservation TYPE OF ENTITY OR ARRANGEMENT ARRANGEMENT OR ENTITY OF TYPE TE KOMITI MURIWAI O TE WHANGA TE O MURIWAI KOMITI TE ENTITY (WHANGAEHU CATCHMENT RIVER) WAIŪ-O-TE-IKA TE Statutory authority Statutory joint committee of council Permanent T
FUTURE SETTLEMENT REGIONAL BAY HAWKE’S COUNCIL FUTURE COUNCIL REGIONAL HORIZONS Ahuriri Hapu Deed of Settlement 2016) (signed Ngāti Rangi Deed of Settlement 2017) (initialled August Page 132 of 17028 shown on SO 486367 under the Ahuriri Hapu Deed of Settlement. Whanga means the Ahuriri Estuary and catchment areas Whanga or Te o Te e Muriwai 23 34
30 $164,000 . 33 32 29 ACTUAL OR ESTIMATED COSTS TO COUNCILS TO COSTS ESTIMATED OR ACTUAL RMA planning document changes (Healthy Rivers) RMA Board has been estimated at $50,000 . Board Leadership Establishing the Local Ongoing costs have been estimated at $50,000 per annum. Rangitāiki River Document Development costs for the Document have been estimated at unknown. Ongoing costs are Board Reserves contribution). Crown Ongoing costs have been estimated at $175,000 per annum (excluding Treaty legislation related plan change process cost $5,860,000 . plan change process legislation related Treaty $664,754 . were Development costs for the Joint Management Agreement unknown. Ongoing costs are Management plan of the document estimated one-off cost of $100,000. External assistance for the preparation Joint Management Agreement (and committee costs) (and Joint Management Agreement 31 nt (i.e., $100,000 expended over 10 years). $100,000 expended over 10 years). nt (i.e., CROWN CONTRIBUTION CROWN Nil $41,104.59 Nil Nil No one-off contribution. However, Crown TPK covers member fees and from annual grant meeting costs For development of the Joint Management For Raupatu Settlement with Waikato Agreement Trust SETTLEMENT Waikato-Tainui Raupatu Claims Waikato-Tainui (Waikato River) Settlement Act 2010 and Raukawa and Te Ngati Tuwharetoa, River Act River Iwi Waikato Arawa 2010 Raupatu Claims Waikato-Tainui (Waikato River) Settlement Act 2010 Claims Settlement Ngai Tāmanuhiri Act 2012 Claims Settlement Act Ngāti Whare 2012 and Ngāti Manawa Claims Settlement Act 2012 Claims Ngati Whatua Orakei Settlement Act 2012 aikato River and Waipa River iwi suspending their joint working party meetings under their respectivce Joint Management Agreements with Waikato Regional Council to meet as part of the Healthy Rivers plan change. At the time Ngāti Council to meet as part of the Healthy Rivers plan change. At Regional with Waikato Joint Management Agreements River iwi suspending their joint working party meetings under respectivce aikato River and Waipa etrospectively by the Crown. by the Crown. etrospectively This plan change involved the five W This is for the period 2012 to 2016. This amount was paid r W This is an ongoing cost with no end period. This sum includes $10,000 per annum as an apportioned estimation of the cost Docume Tuwharetoa did not have a signed Joint Management Agreement with Waikato Regional Council. Regional with Waikato did not have a signed Joint Management Agreement Tuwharetoa
COUNCIL COUNCIL REGIONAL WAIKATO COUNCIL REGIONAL WAIKATO COUNCIL DISTRICT GISBORNE REGIONAL PLENTY OF BAY COUNCIL COUNCIL AUCKLAND APPENDIX 2: TREATY SETTLEMENT COSTS SETTLEMENT TREATY 2: APPENDIX TREATY SETTLEMENT COSTS (CROWN AND COUNCIL) FOR PARTICIPATING COUNCILS. COUNCILS. PARTICIPATING FOR COUNCIL) AND (CROWN COSTS SETTLEMENT TREATY The estimated costs in the table below are indicative for all councils. Participating councils have assessed costs by either using the Framework or by another means. Once an updated and Framework councils have assessed costs by either using the indicative for all councils. Participating The estimated costs in the table below are settlements. the costs associated with Treaty is available all councils will be able to use it predict enhanced version of the Framework Page 133 of 170 29 30 31 32 33 34 Case Study” 2014. Raupatu Settlement Trust Waikato Review Council “Joint Management Agreement aikato Regional 24 37 35 40 $200,000 . 38 41 42 39 ACTUAL OR ESTIMATED COSTS TO COUNCILS TO COSTS ESTIMATED OR ACTUAL Reserves Board Reserves contribution). Crown Ongoing costs have been estimated at $179,000 per annum (excluding Authority is estimated at $20,000 per annum. Establishing the Authority Ongoing costs have been estimated between $50,000 to $100,000 per annum. Kaituna River Document Development costs for the document have been estimated at Committee Planning Bay Regional Hawke’s Establishing and maintaining the committee has cost $787,627 . Board has cost $62,650 . Establishing the Board Ongoing costs have been estimated at $62,650 per annum. Management plan of the document estimated one-off cost of $100,000 . External assistance for the preparation Ongoing costs have been estimated at $634,000 per annum. Management Plan Integrated of the document carried a one-off cost of for the preparation External assistance contracted $250,000 . Ongoing costs have been estimated at $753,480 per annum. Beach Management Plan unknown. Costs are Authority contribution of $400,000 was expended during establishment phase the Authority. The Crown Ongoing costs are unknown. Ongoing costs are 36 nt (i.e., $100,000 expended over 10 years). $100,000 expended over 10 years). nt (i.e., CROWN CONTRIBUTION CROWN Nil Claims Settlement Act Ngāti Whātua o Kaipara iwi participants to cover their own costs requires $250,000 Maru o Kaituna (Kaituna establishing Te For River Authority $400,000 $100,000 $400,000 to the Board of the $150,000 to support the initial operation Board a Tōhē Oneroa Te $250,000 for developing the first Beach . Management Plan For establishing Maunga Authority For e., $250,000 expended over 10 years). e., $250,000 expended over 10 years). SETTLEMENT Ngāti Whātua o Kaipara Claims Ngāti Whātua o Kaipara Settlement Act 2013 Claims Settlement Act 2014 Tapuika Ngā Mana Whenua o Tāmaki Act Collective Redress Makaurau 2014 Planning Bay Regional Hawke’s Committee Act 2015 Hiku Claims Settlement Act 2015 Te uthority cost more than the Crown contribution. However, these costs were not accounted for separately and a full estimate has not been possible. not accounted for separately these costs were contribution. However, than the Crown uthority cost more eviewed in 10 years. d has cost Northland Regional Council $62,650. This amount has been fore casted annually to maintain it. This is a conservative annual estimate. It should be noted that Northland Regional Council has incurred these costs and do not form part of casted annually to maintain it. Council has incurred Council $62,650. This amount has been fore is a conservative annual estimate. It should be noted that Northland Regional d has cost Northland Regional ovided for in an exchange of letters between Auckland Council and the Crown. Council and the Crown. of letters between Auckland ovided for in an exchange e the actual costs spent for period 2010 to 2016. ease in costs is due to extra meetings, two meetings per month and the costs of independent advisors to Hawkes Bay Regional Planning Committee’s tangata whenua representatives. tangata whenua representatives. Committee’s Planning meetings, two meetings per month and the costs of independent advisors to Hawkes Bay Regional ease in costs is due to extra This sum includes $10,000 per annum as an apportioned estimation of the cost Docume This amount was pr Setting up the Maunga A This sum includes $25,000 per annum as an apportioned cost of the Document (i. The plan will likely be r These ar The incr Establishing the Boar the $400,000 under the settlement arrangements. the $400,000 under settlement arrangements.
COUNCIL COUNCIL AUCKLAND REGIONAL PLENTY OF BAY COUNCIL COUNCIL AUCKLAND REGIONAL BAY HAWKE’S COUNCIL REGIONAL NORTHLAND COUNCIL Page 134 of 170 35 36 37 38 39 40 41 42 25 47 45 43 46 44 48 $350,000 . Bay Regional $100,000 for Hawke’s $62,500 per annum. 49 ACTUAL OR ESTIMATED COSTS TO COUNCILS TO COSTS ESTIMATED OR ACTUAL Board has an estimated cost of $240,000 . Establishing the Manawatu River Catchment Advisory Board costs have been estimated at $37,000 per annum. Ongoing administration Committee Establishing the committee has been estimated at $360,000 . Document Management Strategy have been estimated at $850,000 . Development and implementation costs for the strategy Ongoing costs have been estimated at $62,500 per annum. Governance group has been estimated at $20,000 . Establishing the governance group ki Mauao is estimated at $250,000 . document Ngā Tai Developing the Treaty unknown. Ongoing costs are Komiti Council (excluding Bay Regional Establishing the komiti is estimated at $10,000 for Hawke’s territorial authorities). Council Bay Regional Ongoing costs have been estimated at $50,000 per annum for Hawke’s territorial authorities). (excluding Council. Bay Regional Ongoing costs of the plans have been estimated at $25,000 per annum for Hawke’s Council. Ongoing administration costs have been estimated at $170,000 per annum. Ongoing administration Plan Development costs for the plan have been estimated at Ongoing implementation costs have been estimated at Whanga Plan o Te Muriwai Te Development costs for the plan have been estimated at CROWN CONTRIBUTION CROWN Nil $400,000 Kopua support to Te administrative For Kānapanapa $430,000 Tupua Awa na Te Kōpuka establishing Te For Heke and developing Te Group) (Strategy Document) Strategy Ngahuru (Management $575,000 and technical support to the administrative For Moana Governance Group Tauranga $100,000 (to Napier City Council) o Te Muriwai Komiti of Te Initial operation of the and approval Whanga and preparation first plan SETTLEMENT Rangitāne o Manawatu Claims Settlement Act 2016 Deed of Settlement Historical 2016 claims - Ngāti Tūwharetoa (Whanganui River Tupua Awa Te Claims Settlement) Act 2017 Moana Iwi Collective Deed Tauranga Ahuriri Hapu Deed of Settlement ee years post board initiation. The implementation and ongoing costings were produced using the Framework. using the Framework. produced initiation. The implementation and ongoing costings were ee years post board ee years post implementation of Te Heke Ngahuru (management strategy). The development and implementation cost was provided prior to the development of the Framework. The ongoing costing was produced using the Framework. using the Framework. The ongoing costing was produced prior to the development of Framework. The development and implementation cost was provided strategy). Heke Ngahuru (management ee years post implementation of Te e assumes quarterly meetings with preparation and attendance by 1 Hawkes Bay Regional Council councillor and up to 2 relevant senior staff, plus 0.2FTE Hawkes Bay Regional Council advisory services. Initially for plan preparation, then continuing as overseeing Regional Council advisory services. Initially for plan preparation, plus 0.2FTE Hawkes Bay senior staff, Council councillor and up to 2 relevant and attendance by 1 Hawkes Bay Regional e assumes quarterly meetings with preparation This amount is for the first thr The F The F The F The F This is for the first thr This figur inter-agency implementation of plan. inter-agency
COUNCIL REGIONAL HORIZONS COUNCIL COUNCIL REGIONAL WAIKATO REGIONAL HORIZONS COUNCIL REGIONAL PLENTY OF BAY COUNCIL REGIONAL BAY HAWKE’S COUNCIL Page 135 of 170 43 44 45 46 47 these estimates over a 12 to 24-month time period. has been used to provide ramework 48 costs. year phase out period to BAU these estimates with a three has been used to provide ramework 49 these estimates with a 12 to 24 month phase out BAU. has been used to provide ramework costs. year phase out period to BAU these estimates with a three has been used to provide ramework 26 51 52
50 53 55 $3,500,000 . 54 ACTUAL OR ESTIMATED COSTS TO COUNCILS TO COSTS ESTIMATED OR ACTUAL Committee Establishing the committee has been estimated at $ 1,000,000 . Joint Management Agreement has been estimated at $395,000 . Development of the Joint Management Agreement unknown. are Ongoing costs of Joint Management Agreement Co-management arrangements Development costs have been estimated at $790,000 . Plan Development costs for the plan have been estimated at Ongoing costs have been estimated at $320,000 per annum. Ongoing costs have been estimated at $62,500 per annum. Ongoing implementation/administration costs have been estimated at $500,000 per annum. Ongoing implementation/administration CROWN CONTRIBUTION CROWN $500,000 Coromandel Piako, establishing the Waihou, For and its activities Catchment Authority for $395,000 – submitted to Crown development costs for the Joint Management Agreement $400,000 – for establishment costs and development of the catchment document SETTLEMENT Pare Hauraki Collective Redress Deed Collective Redress Hauraki Pare of Settlement Deed Collective Redress Hauraki Pare of Settlement Mangatawhiri - Mangatangi Stream, River and Whangamarino wetlands Ngāti Rangi Deed of Settlement 2017) (initialled August ee years post implementation of the catchment document. The Framework has been used to provide these estimates. has been used to provide ee years post implementation of the catchment document. The Framework -governance authority and the statutory subcommittee establishment costs over a 12 to 24-month period. It provides for two Waikato Regional Council and five territorial authorities’ members costs on the authority and one Waikato Regional Waikato Council and five territorial authorities’ members costs on the authority one Regional for two Waikato costs over a 12 to 24-month period. It provides -governance authority and the statutory subcommittee establishment these estimates. has been used to provide costs. The Framework year phase out period to BAU costs over a three -governance authority and the statutory subcommittee implementation Statement. Policy Regional of the plan into Waikato process plan over a 12-24 month period. The estimate also includes the incorporation resources developing the natural -governance authority and the statutory subcommittee costs for ee-year plan that will be implemented simultaneously with other agreements; Te Awa Tupua and Manawatu River Catchment Advisory Board. and Manawatu River Catchment Advisory Board. Tupua Awa Te ee-year plan that will be implemented simultaneously with other agreements; This estimate includes the co This estimate includes the co This estimate includes the co The F This is to be a thr This estimate is for the first thr Council and three territorial authorities’ members costs on the subcommittee. The Framework has been used to provide these estimates. has been used to provide territorial authorities’ members costs on the subcommittee. The Framework Council and three these estimates. has been used to provide The Framework
COUNCIL COUNCIL REGIONAL WAIKATO COUNCIL REGIONAL WAIKATO REGIONAL HORIZONS COUNCIL Page 13650 51 of52 17053 54 55 costs. phase out to BAU these estimates with a three-year has been used to provide ramework Raftabout Rangitaiki River - Photo: 27 APPENDIX 3: TREATY SETTLEMENT FUNCTIONS AND ACTIVITIES The table below is an example of functions and activities undertaken when implementing Treaty settlement arrangements. It should be noted this is not an exhaustive list of functions and activities.
FUNCTIONS AND ACTIVITIES UNDERTAKEN FOR TREATY SETTLEMENT ARRANGMENTS. FUNCTIONS ACTIVITIES ESTABLISHING AND INTERNAL COUNCIL SUPPORT - ADMINISTRATIVE AND DEMOCRACY SERVICES IMPLEMENTING Pre-meetings CO-GOVERNANCE AUTHORITIES • Draft and prepare agenda (and previous minutes). • Draft and prepare procedures and standing orders and related processes (conflict of interest, fees, schedule of meetings, etc). • Draft and prepare democracy reports (for standing orders and related processes). • Negotiate, amend and review procedures and standing orders, processes and reports (editing). • Oversight of technical and other reports (planning, monitoring, etc). • Negotiate, amend and review of all reports (with staff and/or iwi) (editing). • Print, distribute and upload documents to website (or postage) • Councillor/members’ support. • Organising and management of councillors/members’ diaries. • Legal services advice/support. • Policy guidance/support. • Draft and prepare Health and Safety plans and registers. Meetings • Organise venue (council offices, iwi offices, marae). • Organise travel for members and catering. • Organise public notices/communications for meeting. • Meeting structure and minute taking. • Undertake miscellaneous tasks for members. • Legal services in attendance (if applicable). • Policy in attendance (if applicable). • Technical support in attendance (if applicable). • External consultants in attendance (if applicable). Post meetings • Draft minutes and finalise. • Payment of transport and member fees. • Collate a hearing commissioners register. • Change and update standing orders and related process documents. • Set up and implement processes. • Councillor/members’ support and education of processes, requirements and obligations. • Miscellaneous tasks from councillors/members. • Technical support (if applicable).
Page 137 of 170 28 FUNCTIONS ACTIVITIES DEVELOPMENT OF PLANS INTERNAL COUNCIL SUPPORT • Administrative and democratic services. • Relationship building/fostering. • Attending meetings/travel. • Technical support (plan and report writing, presenting at meetings, ongoing support and advice). • Management support (plan and report writing, presenting at meetings, ongoing support and advice). • Governance support (plan and report writing, presenting at meetings, ongoing support and advice). • Consultation with iwi and/or public/industry/partners/stakeholders. Specialist services • Scientific contributions – plan advice and support. • Legal contributions - oversight and drafting. • Iwi/Māori – advice, support and education. • Policy contributions – plan advice and drafting. • Resource use contributions – plan advice and drafting. • Maps/GIS – advice and data production and supply. • Finance – budget support. • Governance/councillor support. • Communications – communications protocol and media releases. EXTERNAL SUPPORT Specialist services • Planning, policy, legal, resource management and cultural advice. • Legal advice – process for incorporation (if applicable). IMPLEMENTATION OF PLANS INTERNAL COUNCIL SUPPORT • Administrative and democratic support. • Relationship enhancing/maintaining. • Attending meetings/travel. • Technical support (report writing, presenting at meetings, ongoing support and advice). • Management support (report writing, presenting at meetings, ongoing support and advice). • Governance support (report writing, presenting at meetings, ongoing support and advice). • Consultation with iwi and/or public/industry/partners/stakeholders. • Incorporation of plan – new policies and processes. Specialist services • Scientific contributions – co-management and co-governance meetings, and provision of specific advice on sites and projects, ongoing advice and support. • Legal contributions – review changes to documents, provide assistance to council and governance members, report writing and ongoing advice and support. • Iwi/Māori – supporting implementation of the co-governance plan, including reporting, meetings, and follow up actions, presentations, reviews, advice and education. • Policy contributions – ongoing policy advice, assistance and support for the co-governance plan and RMA planning documents. • Resource use contributions – staff training, development of guidance/training materials, updating consent procedures, preparation for meetings and transactional costs arising from increased iwi engagement advice and drafting. • Maps/GIS – advice and data production and supply. • Finance – budget support. • Governance/councillor support. • Communications and human resources – ongoing training and updating staff on new arrangements and processes. • Planning, policy, legal, resource management and cultural – iwi/Māori. EXTERNAL SUPPORT Specialist services Planning, policy, legal, resource management and cultural advice. Page 138 of 170 29 APPENDIX 4: CROWN POLICY The Crown policy refers to the following three documents: • “Crown contributions to costs of local authorities and iwi arising from Treaty settlements” 2013. • “Crown contribution to costs for local government and iwi arising from new natural resource arrangements” – October 2011. • “Involving Iwi in Natural Resource Management through Historical Treaty of Waitangi Settlements” – October 2010.
Page 139 of 170 30 Te Oneroa-a-Tōhē / Ninety Mile Beach.
CROWN CONTRIBUTIONS TO COSTS OF LOCAL AUTHORITIES AND IWI ARISING FROM TREATY SETTLEMENTS April 2013
Note; this sheet supplements information in the sheet titled Crown contribution to costs for Local Government and Iwi arising from new natural resource arrangements dated October 2011. How are Crown contributions worked out? The level of contribution is at the discretion of Cabinet and is assessed on its own merits, taking into account a range of factors. What factors are taken into account? Some of the factors likely to be taken into account include: a. the complexity of arrangements included in the settlement b. the capacity of the local authority to implement the arrangement c. the capacity of the iwi to implement the arrangement d. the extent of current Crown assistance to the local authority e. the level of existing commitments by the local authority for involving iwi in natural resource management f. the potential for efficiencies arising from the arrangement What input can local authorities or iwi have in the process? In order to provide good advice to Cabinet, officials need to have information about the scale and nature of costs likely to be incurred by local authorities and iwi arising from the arrangement. Officials will discuss with local authorities and iwi their estimates of costs before decisions by Cabinet about the Crown contribution. When will this information be sought? Negotiation teams will involve affected local authorities from an early stage in the development of natural resource management arrangements. The Crown is committed to minimising costs for the affected parties. Once the final form of an arrangement has been agreed by the Crown and iwi, officials will seek input from local authorities and iwi about their likely costs. This is likely to occur towards the end of negotiations. What costs might be considered for a contribution? These include; a. one-off set up costs for new arrangements (e.g. staff costs for setting up a new joint committee or joint management agreement, development of standing orders) b. the costs of preparing a new plan (not identified in long-term plan) and consequential changes to other plans (the expected timing of consequential changes will be specified and taken into account when assessing costs) c. ongoing costs for a transitional period up to a maximum of three years (e.g. for administration, technical support etc) Do councils and iwi have to make applications for contributions? No. Cabinet will consider the scale of Crown contributions as a matter of course.
Page 140 of 170 31
Crown contribution to costs for Local Government and Iwi arising from new natural resource arrangements – October 2011
NB: to be read together with the handout Involving Iwi in Natural Resource Management Through Historical Treaty of Waitangi Settlements (October 2010).
Background
In 2010 Cabinet agreed to guidelines for involving iwi in natural resource management in the settlement of historical Treaty of Waitangi claims. The guidelines identify two standard arrangements (a Māori advisory board or a joint committee). Cabinet recognises these new arrangements may present some added costs for iwi and local government1 and has agreed to an approach for determining what contribution the Crown will make, if any, to such costs.
Main elements of Cabinet decisions
The Crown contribution, if any, for each case will be assessed on its own merits.
The intention is to provide a modest, one-off Crown contribution towards set up costs to local government and iwi and ongoing costs up to a maximum of three years. The contribution will help set up new arrangements, the costs of preparing new plans (including the costs of any consequential amendments to other plans) that are not provided for in a council‟s long-term plan and not part of requirements at the national level.
Negotiations, and the resulting arrangements, including compliance and transaction costs, should aim to minimise costs to local government, iwi and the Crown.
The decisions only apply to new arrangements developed as part of an historical Treaty settlement, or in parallel to one, which are not part of a council‟s long-term plan and not a requirement at the national level. Situations where this might apply include arrangements dealing with specific natural resource management issues.
A Crown contribution is not appropriate over the longer-term as arrangements should be „normalised‟ by the council and embedded into budget and planning processes to become part of business as usual. A Crown contribution recognises the added costs incurred during the transitional period as new arrangements are developed and implemented.
Local government is expected to meet its own costs of: participating in negotiations; the ongoing administrative costs of the new arrangements; and attendance fees for advisory boards or joint committees in a manner consistent with a council‟s policy on payment of such fees. Similarly, iwi are expected to meet their own costs of participating, and in developing iwi management plans, if no other funding is provided.
This approach provides a clear framework to consider costs but also allows for some flexibility to respond to different circumstances and the nature of particular arrangements. In applying this approach, an expectation is that any Crown contribution should not unduly “reward” those local authorities with the weakest past arrangements for involving iwi.
Page 141 of 170 32 1. Local government refers to a regional council, territorial authority (city and district councils), or a unitary authority.
INVOLVING IWI IN NATURAL RESOURCE MANAGEMENT THROUGH HISTORICAL TREATY OF WAITANGI SETTLEMENTS
October 2010
Crown contribution to costs for Local Government and Iwi arising from new natural resource arrangements – October 2011 Cabinet proposals NB: to be read together with the handout Involving Iwi in Natural Resource Management Through Historical Treaty of Waitangi Settlements (October 2010). The Government has been working on an approach for fairly and consistently looking at the claims of iwi in historical Treaty negotiations for more effective involvement in natural Background resource management.
In 2010 Cabinet agreed to guidelines for involving iwi in natural resource management in the Background settlement of historical Treaty of Waitangi claims. The guidelines identify two standard arrangements (a Māori advisory board or a joint committee). Cabinet recognises these new The Government recognises the profound cultural relationships iwi have with awa, 1 arrangements may present some added costs for iwi and local government and has agreed maunga and whenua from which they hail. to an approach for determining what contribution the Crown will make, if any, to such costs. The Government recognises many iwi wish to have greater participation in natural Main elements of Cabinet decisions resource management, given the historical associations of iwi with natural resources.
The Crown contribution, if any, for each case will be assessed on its own merits. Local government has been devolved responsibility for natural resource management under the Resource Management Act 1991 and for making decisions on how iwi will be The intention is to provide a modest, one-off Crown contribution towards set up costs to involved in such management under the Local Government Act 2002. Often iwi have not local government and iwi and ongoing costs up to a maximum of three years. The been satisfied with how this has been implemented. Therefore, there has been a greater contribution will help set up new arrangements, the costs of preparing new plans desire for iwi to seek stronger decision-making roles through historical Treaty of (including the costs of any consequential amendments to other plans) that are not Waitangi settlements. provided for in a council‟s long-term plan and not part of requirements at the national level. Cabinet has recently made decisions to provide more certainty about what redress might be available in historical Treaty of Waitangi negotiations to involve iwi in natural resource Negotiations, and the resulting arrangements, including compliance and transaction costs, should aim to minimise costs to local government, iwi and the Crown. management. The Government’s approach balances needs to achieve enduring settlements, protect local democracy and ensure effective natural resource The decisions only apply to new arrangements developed as part of an historical Treaty management. settlement, or in parallel to one, which are not part of a council‟s long-term plan and not a requirement at the national level. Situations where this might apply include Main elements of Cabinet decisions arrangements dealing with specific natural resource management issues. 1 Matters to be considered when developing an arrangement to involve iwi in A Crown contribution is not appropriate over the longer-term as arrangements should be natural resource management „normalised‟ by the council and embedded into budget and planning processes to become part of business as usual. A Crown contribution recognises the added costs A number of matters will be considered in all negotiations when natural resource incurred during the transitional period as new arrangements are developed and matters are raised to guide consideration of how best to involve iwi in natural implemented. resource management. These include:
Local government is expected to meet its own costs of: participating in negotiations; the strength and nature of association of iwi to resource ongoing administrative costs of the new arrangements; and attendance fees for advisory nature of grievance in relation to resource boards or joint committees in a manner consistent with a council‟s policy on payment of how many iwi are involved or have interests in the resource such fees. Similarly, iwi are expected to meet their own costs of participating, and in nature and state of the resource developing iwi management plans, if no other funding is provided. nature and extent of public and private interests in the resource aspirations of Crown and iwi in relation to the resource This approach provides a clear framework to consider costs but also allows for some the need for a well-designed institution flexibility to respond to different circumstances and the nature of particular arrangements. In applying this approach, an expectation is that any Crown contribution should not unduly durability of any arrangement “reward” those local authorities with the weakest past arrangements for involving iwi.
Page 142 of 170 1. Local government refers to a regional council, territorial authority (city and district councils), or a unitary authority. 33 Any arrangement for involving iwi should:
provide an effective role for iwi in natural resource management lead to good environmental, economic, social and cultural outcomes for iwi and other New Zealanders address issues giving rise to the claim but not create new injustices be well-designed, simple, transparent and affordable; and result in durable settlement of the claim
2 Two standard arrangements
Two standard arrangements can be negotiated (if shown to be appropriate after consideration of the matters above and agreed by Cabinet):
- an advisory board where the council must have regard to the advice
- a joint committee with direct input into the development of regional policy statements and regional plans under the RMA. (The recommendations of the joint committee will be subject to usual council planning processes.}
3 Non-standard arrangements
An arrangement outside the standard models can be considered if an assessment of the matters above show this is appropriate but this must be agreed by Cabinet before being offered as part of a settlement.
4 Final decision making
Local authorities should retain final decision making rights over natural resource management to maintain local democracy.
5 Involvement of local authorities in negotiations
Local authorities must be engaged from an early stage. Preferably, councils should agree to proposed arrangements before they are finalised.
6 Arrangements can be made permanent (but flexible to change over time by mutual agreement)
Settlement legislation may provide for the involvement of iwi in natural resource management. But arrangements should be able to change over time by mutual agreement.
Implementing the Cabinet decisions
The new approach reflects the sorts of considerations that have been applied in recent negotiations (and considered by Cabinet). These will continue to underpin negotiations. The new approach will make these matters more transparent and identify some bottom lines in the design of arrangements.
The Government encourages claimant groups to continue to raise any relevant issues in their negotiations with the Crown when redress concerning natural resource management is being discussed.
Page 143 of 170 34 Any arrangement for involving iwi should: COMPARISON OF THE CROWN’S AND THE PARTICIPATING COUNCILS’ provide an effective role for iwi in natural resource management FACTORS FOR CONSIDERATION FOR FINANCIAL CONTRIBUTION BY THE lead to good environmental, economic, social and cultural outcomes for iwi CROWN and other New Zealanders address issues giving rise to the claim but not create new injustices The table below provides a breakdown of the elements and key factors outlined in the Crown Policy dated April be well-designed, simple, transparent and affordable; and 2013 with consideration of the 2011 and 2010 policies. result in durable settlement of the claim CURRENT FACTORS TAKEN INTO ACCOUNT BY NEW/ADDITIONAL FACTORS 2 Two standard arrangements CROWN WHEN DETERMINING FUNDING ARRANGEMENTS 1. THE COMPLEXITY • Is there one or are multiple iwi involved in this settlement and arrangement? Two standard arrangements can be negotiated (if shown to be appropriate after OF ARRANGEMENTS • How original is this arrangement? consideration of the matters above and agreed by Cabinet): INCLUDED IN THE • How big are the catchments or areas concerned? SETTLEMENT • Are there contentious issues related to this arrangement? - an advisory board where the council must have regard to the advice • Is a co-governance entity being established, and how independent from council is the entity? • Strength and nature of association - a joint committee with direct input into the development of regional policy of iwi to resource. • Is a subcommittee/s being established under the co-governance entity? statements and regional plans under the RMA. (The recommendations of the • Nature of grievance in relation to • What level of involvement will council staff have in establishing and maintaining these joint committee will be subject to usual council planning processes.} resource. entities? • How many iwi are involved or have • Will new members be added over time? 3 Non-standard arrangements interests in the resource. • What form of co-management is required? • Nature and state of the resource. • What type of plan(s) will be developed? (Large vs small scale). An arrangement outside the standard models can be considered if an • Nature and extent of public and • What weighting or status will this plan have for local authorities? assessment of the matters above show this is appropriate but this must be private interests in the resource. • How will the plan be incorporated into council’s current plans? (Discretionary vs • Aspirations of Crown and iwi in mandatory inclusion of a co-governance authority’s plan into a RMA planning agreed by Cabinet before being offered as part of a settlement. relation to the resource. document). • The need for a well-designed • What process will this plan need to go through? Is public consultation by iwi and/or 4 Final decision making institution. council required? • Durability of any arrangement. -- Is a plan change or plan review required to be undertaken by council? Local authorities should retain final decision making rights over natural resource -- If no plan change or plan review required, when will the co-governance’s plan take management to maintain local democracy. effect and how? • What level of involvement (technical – policy, legal and administrative) is required from 5 Involvement of local authorities in negotiations councils to assist in drafting the plan? • Integration of tikanga, te reo and mātauranga Māori requires adjustment to normal Local authorities must be engaged from an early stage. Preferably, councils council ways of running meetings. Will councils require cultural upskilling? • Is a joint management agreement being considered? should agree to proposed arrangements before they are finalised. • Are hearing commissioners required? • Will iwi require capacity building around RMA and natural resource management? If so 6 Arrangements can be made permanent (but flexible to change over time by is council expected to undertake this role in training/upskilling iwi, including payment mutual agreement) of it? • What is the current relationship between council and iwi like (collaborative vs non- Settlement legislation may provide for the involvement of iwi in natural resource existent)? management. But arrangements should be able to change over time by mutual 2. THE CAPACITY OF • Is the new arrangement included in the current long term plan or annual plan? agreement. LOCAL AUTHORITY • If not, when is the next long term plan or annual plan due date? TO IMPLEMENT THE • RMA planning documents: What is the council’s planning round and how far away is a ARRANGEMENT Implementing the Cabinet decisions review or plan change for this catchment or area? • What competing priorities are present for council? The new approach reflects the sorts of considerations that have been applied in recent • Do council staff have capability and capacity to undertake the roles within the negotiations (and considered by Cabinet). These will continue to underpin negotiations. arrangement? -- If not, is additional resource or expertise required to undertake the roles within the The new approach will make these matters more transparent and identify some bottom arrangements (technical, legal, policy, administrative)? lines in the design of arrangements. -- If not, what external assistance is required by councils to ensure the arrangements become operational (legal, policy and/or other technical work)? The Government encourages claimant groups to continue to raise any relevant issues in • What availability/capacity do current councillors have to participate in new co- their negotiations with the Crown when redress concerning natural resource governance entity commitments? management is being discussed. • What expertise do current councillors have to participate in new co-governance entity commitments? • Will iwi require capacity building around RMA and natural resource management? If so is council expected to undertake this role in training/upskilling iwi, including payment of it?Page 144 of 170 35 CURRENT FACTORS TAKEN INTO ACCOUNT BY NEW/ADDITIONAL FACTORS CROWN WHEN DETERMINING FUNDING ARRANGEMENTS 3. THE CAPACITY OF IWI • Will iwi require capacity and capability building around RMA and natural resource TO PARTICIPATE AND management? If so is council expected to undertake this role in training/upskilling iwi, CONTRIBUTE EQUALLY TO and/or including payment of it? IMPLEMENTING TREATY • What assistance is required from councils to ensure the arrangements become MECHANISMS operational (legal, policy and/or other technical work)? • Iwi planning documents - what plans are currently in place for this iwi/hapu? • What competing priorities are present for iwi? • What availability/capacity do current iwi/board members have to participate in new co-governance entity commitments? • What expertise do current iwi/board members have to participate in new co- governance entity commitments? 4. THE EXTENT OF CURRENT • What has the Crown contributed to so far for this settlement? CROWN ASSISTANCE TO • Have reviews been made available to councils of existing treaty settlement THE LOCAL AUTHORITY arrangements? • Does the Post Settlement Commitments Unit provide any guidance or assistance currently? If not, could it in the future? • What past financial contributions have been paid for arrangements involving this iwi? • Will the Office of Treaty Settlements and Ministry for the Environment (and other agencies) be providing ongoing support? 5. THE LEVEL OF EXISTING • What existing Treaty settlement arrangements are in place for this catchment? COMMITMENTS BY THE • How many council entities currently exist in the area/catchment that include iwi LOCAL AUTHORITY (with Department of Conservation, Department of Internal Affairs, Ministry for the FOR INVOLVING IWI IN Environment, etc.)? NATURAL RESOURCE • What existing joint management agreements, memorandum of understandings, MANAGEMENT partnership agreements or other such arrangements are in place between council and iwi in this area (separate to Treaty settlement, i.e., RMA, LGA based)? • o If there are such entities - what are their purposes, roles and functions? • What catchment plans or other plans does the council have in place for this area/ natural resource (including existing priorities)? • Are amalgamations of any committees being considered under the new settlement legislation (whether known at the time of settlement or not)? • Does the council have relationships with the iwi authorities currently? 6. THE POTENTIAL • Can one or more iwi work together? FOR EFFICIENCIES • Can one or more councils work together? ARISING FROM THE • Can sharing of information and processes be utilised? ARRANGEMENT • Can some existing entities merge or close down (if purpose achieved)? • Will peer reviews and/or other reviews of arrangements be undertaken? 7. OFFICIALS NEED TO HAVE • See row 9 below for a breakdown of costs for local authorities. INFORMATION ABOUT • Iwi costs are not considered in this report. THE SCALE AND NATURE OF COSTS LIKELY TO BE INCURRED BY LOCAL AUTHORITIES (AND IWI) THEIR ESTIMATES OF COSTS BEFORE DECISIONS BY CABINET ARE MADE 8. WHEN WILL THIS • Crown - as early as possible from all councils. INFORMATION BE • Councils to be provided with all information - including overlaps with councils to obtain SOUGHT? the full extent of new arrangements.
Page 145 of 170 36 CURRENT FACTORS TAKEN INTO ACCOUNT BY NEW/ADDITIONAL FACTORS CROWN WHEN DETERMINING FUNDING ARRANGEMENTS 9. TYPE OF COSTS See Appendix 3 CONSIDERED An example of some functions and activities undertaken when implementing Treaty • One-off set up costs for new settlement arrangements. arrangements See the Framework for where costs are incurred. • The costs of preparing a new plan (not identified in long term plan and consequential changes to other plans (expected timing of consequential changes will be specified and taken into account when assessing costs) • Ongoing costs for a transitional period up to a maximum of three years (e.g. for administration, technical support, etc.)
10. THE CROWN CONSIDER • Utilise the new Framework to capture costs. SCALE OF COSTS • Earlier input by local authorities to the Crown. • Discussion with local authorities • Councils being privy to entire settlement deal for holistic management of catchment or to obtain their estimates of costs catchments. before decisions by Cabinet on the contribution is made
Page 146 of 170 37 APPENDIX 5: DISCOUNT TABLE DISCOUNT TABLE SHOWING HOW THE DISCOUNT IS APPLIED UNDER THE FRAMEWORK
DISCOUNT TABLE YEARS DISCOUNT NEW 0% Earlier by 1 year 80% Earlier by 2 years 60% Earlier by 3 years 40% Earlier by 4 years 20%
BAU 100%
Page 147 of 170 38 Whanganui River Page 148 of 170 39 Page 149 of 170 40 ACKNOWLEDGEMENTS This report has been prepared by the following seven councils in conjunction with Local Government New Zealand.
NORTHLAND REGIONAL COUNCIL AUCKLAND COUNCIL WAIKATO REGIONAL COUNCIL HAWKE’S BAY REGIONAL COUNCIL BAY OF PLENTY REGIONAL COUNCIL GISBORNE DISTRICT COUNCIL HORIZONS REGIONAL COUNCILPage 150 of 170
Report To: Komiti Māori
Meeting Date: 12 December 2017
Report From: Fiona McTavish, General Manager, Strategy & Science
General Manager Strategy and Science Update
Executive Summary
The purpose of this report is to update the Komiti on matters of interest. The report includes the following: Post meeting actions Tangata whenua presentations Regional Growth Strategy Actions Formal Lodgement of Te Whānau a Harawaka Hapū Management Plan Toi Moana funding updates Submission on Whakatāne District Council Māori Seats Toi Moana Summer Student Interns Community Engagement update
Recommendations
That the Komiti Māori under its delegated authority:
1 Receives the report, General Manager Strategy and Science Update;
2 Receives the presentation and report, Formal Lodgement of Te Harawaka Hapū Management Plan 2017;
3 Formally receives Te Harawaka Hapū Management Plan 2017.
1 Post Meeting Actions from previous Komiti Māori hui held on 10 October 2017 at Waiteti Marae, Ngongotahā, Rotorua
Attached in the appendix is a table outlining actions from the last Komiti Māori hui. There were several key actions which have been addressed by relevant staff.
Page 151 of 170 General Manager Strategy and Science Update
2 Ōmaio Marae
Ōmaio Marae is the home to Te Whānau a Nuku, a hapū of Te Whānau a Apanui. The Marae is located at Ōmaio on Ōmaio Pa Road (off SH 35). The wharenui is called Rongomaihuatahi. The Marae connects ancestrally to Mataatua waka and the maunga Rangipoua and also associated to the Haparapara River and Rerepa Stream.
This is the second meeting we have had the opportunity to bring to Ōmaio, the last meeting was October 2015. This will be the third Komiti Māori hui held up the East Coast with the first one held at Whangaparoa at Kauaetangohia Marae in August 2012.
2.1 Presentations
Omaio 43 SecNo5 Broadband and Strategic Plan - Marcia and Pudd (Wikaire Trust);
Omaio 5 Year Training Strategy - Ana Morrison and Amanda Torr;
Omaio Governance and Leadership Development – Chris Karamea Insley;
Omaio Hispeed Broadband Strategy - Mark Simpson (Evolution Networks);
Omaio Land Development Project - Chris Karamea Insley (Te Rah Aroha Trust).
2.2 Presentations - Mr Chris Karamea Insley
Mr Insley was born and raised in the eastern Bay of Plenty community of Omaio with whakapapa connections into Te Whanau a Apanui, Te Whakatohea and Ngati Porou iwi.
A commerce graduate from Massey and Lincoln Universities, the University of Waikato’s MBA program and, is a graduate of Harvard Business School’s Executive development program. He is also doing a doctorate on leadership in sustainable development and is an Independent Environment Commissioner.
He is a seasoned board director with experience on a range of public, private, Maori and not for profit boards and Trusts with years of experience in management and leadership roles in plantation forestry, farming, fishing, renewable energy sectors, and Maori economic development.
Finally, he has intimate knowledge and understanding of international and domestic climate change policy development where he has been advisor to Iwi on policy development for a number of years now. Climate-change and water are inextricable connected and so too must any policy response be connected to effectively address these tectonic challenges facing our community, regional and national economies.
2 Page 152 of 170 General Manager Strategy and Science Update
3 Regional Growth Strategy Actions
As part of the Regional Growth Study a new project has been identified to progress a strategic water study. The purpose was to identify opportunities and barriers to economic growth – leveraging our water resources, with the following deliverables:
1. Biophysical characteristics for BOP (current land use, suitability for different crops/land uses based on climate, soil type, etc. and projected change due to climate change, current irrigated land).
2. Current demand and future demand (land and water):
a. Review of existing growth projections (e.g. SmartGrowth, Regional Growth Study, industry projections, etc.)
b. Carry out constraint mapping/identification and identify areas where additional production could occur. (Reference Northland and Pukekohe work). This will involve workshops with local growers / farmers to ensure ‘buy-in’.
c. A key area of opportunity identified for Bay of Plenty was Māori land utilisation. Need to work with Te Tumu Paeroa, Te Puni Kokiri and RGS Workstream lead (Māori Land Utilisation) to identify best way to gather constraints information and future demand.
d. Industry agreed to help identify local representatives and facilitate local discussion.
e. Can we map major land owner initiatives (e.g. CNI Iwi Land Mgmt initiatives)?
3. Opportunities and barriers:
a. including water user groups, reliability of allocation, efficiency of allocation, setting of limits, priority of allocation;
b. reviewed other existing schemes to capture lessons learnt.
4. Initial high level scan on the commercial opportunities and constraints
a. To land use expansion and change.
b. To financing potential infrastructure projects.
The Irrigation acceleration fund (administered by MPI) agreed to provide $50,000 funding, with BOPRC funding $50,000. The funding will enable a consultant to produce this strategic water study. In line with our procurement process, an open Request for Proposal (RFP) process was run and six submissions received. We scored submissions based on the RFP responses and chose Aqualinc as the preferred vendor. Contractual documents are in the process of being finalised.
This work will be aligned to the NPSFM limit-setting process, by using the outputs of this project to feed into management option scenario work (PC12: Rangitāiki and Kaituna WMA’s).
3 Page 153 of 170 General Manager Strategy and Science Update
4 Formal Lodgement of Te Whānau a Harawaka Hapū Management Plan
Komiti Māori under its delegated authority has the mandate to formally receive hapū/iwi resource management plans. These plans are developed and approved by hapū/iwi and identify tangata whenua interests in resource management which can inform Council decision-making. The Resource Management Act 1991 (RMA) require Councils to take into account any relevant planning document lodged and recognised by an iwi authority.
Hapū/iwi resource management plans provide a mechanism in which tangata whenua interests can be considered in Council decision-making. Certain provisions of the Resource Management Act 1991 (RMA) require Councils to take into account any relevant planning document lodged and recognised by an iwi authority. The development of hapū/iwi management plans is supported in Councils Long Term Plan.
At this meeting, the Te Whānau a Harāwaka Hapū Management Plan 2017 will be formally lodged and received by Komiti Māori. This plan will provide clarity of the values and interest of the hapū and will be very useful for Council to have guidance around resource management in the Hāwai area. The Regional Council provided funding for the development of this plan.
5 Toi Moana funding updates
5.1 Iwi Management Plans
The development of hapū and iwi resource management plans (HIRMP) are supported in the Ten Year Plan to help build the capacity of Māori within the Bay of Plenty. An annual fund of $70,000 is allocated for HIRMPs. Funding is fully utilised through the financial years. The plans inform Council decision-making and assist our work. Primary users within Council include staff in Māori Policy, Consents and Planning to identify tangata whenua areas of interest, resource management issues and preferred methods of engagement. Under the Resource Management Act (2001), staff must take into account the content of iwi resource management plans.
In brief the status of HIRMPs are:
Under Expressions of Completed plans On Hold development Interest
29 3 3 2
Formal Lodgement of Edition 2: Matakana and Rangiwāea Hapū Management Plan March 2017 was presented to Komiti Māori in Whakatāne on Tuesday, 20 June 2017.
Formal Lodgement of Pirirakau Hapu Management Plan 2017 was presented at Opureora Marae, Opureora Road, Matakana Island on Wednesday, 23 August 2017.
4 Page 154 of 170 General Manager Strategy and Science Update
5.2 He Toka Tumoana
Following the passing of Councillor Awanuiarangi Black in December 2016, staff were asked to consider options to commemorate his legacy. Council approved $10,000 to enable the introduction of two $5,000 environmental scholarships, referred to as He Toka Tumoana to promote, develop and provide for the education and advancement of tertiary students.
The main purpose of the Fund is to assist students by providing financial support for education, activities, research and/or projects.
5.2.1 Assessment Criteria
He Toka Tumoana would focus on study, training or research of an environmental nature that aligns with the regions’ community outcomes, particularly environmental protection, water quality and quantity or regional collaboration and leadership.
Kaupapa/topics that focus on improving or maintaining environmental integrity or research that enhances environmental knowledge (including Mātauranga Māori) within the Bay of Plenty region will be eligible.
5.2.2 Key dates
30 November 2017 – Fund Opens 1 March 2018 – Submit the application form March-April 2018 – 2 successful candidates selected and announced at Komiti Maori hui May-June 2108 – Financial invoicing processed July-September 2018 – Attendance of successful applicants to Komiti Maori *Funding may be applied for Semester 2 study, depending on applications.
More information and the application form can be found on Bay of Plenty Regional Council website at www.boprc.govt.nz and attached in the appendix.
5.3 Te Hāpai Ora – Regional Community Outcomes Fund
Te Hāpai Ora – Regional Community Outcomes Fund (formerly Corporate Sponsorship Fund) has an annual Sponsorship Fund of $31,000 which is administered by the Group Manager Strategy. This fund is a positive way for Council to contribute to community initiatives that contribute to our regional community outcomes. Details of the fund for the 2016/17 year are as follows:
23 applications received since 1 July 2016 21 applications approved 2 applications declined 100% of the fund allocated for 2016/17
5 Page 155 of 170 General Manager Strategy and Science Update
Current 205/2016 Financial Year 2016/2017 Financial Year
Mauao Mauao Kohi Kohi 33% 42% 43% 47%
Okurei Okurei 11% 24%
Distribution of funding across the region
Regional Community Outcomes
5% 9% 19% Environmental Protection
Ecomonic Development
Regional Collaboration & 24% Leadership Water Quality and Quantity
Resilience and Safety
43%
Distribution of successful application’s community outcomes alignment across the region
6 Page 156 of 170 General Manager Strategy and Science Update
6 Submission on Whakatāne District Council Māori Seats
Whakatāne District Council is considering the introduction of Māori wards for the 2019 local election. Submissions were invited from iwi, hapū and community members as part of a preliminary review. Those submissions are currently being considered by Whakatāne District Council, the outcome of which (expected by 23 November), will determine whether it proceeds to a comprehensive representation review. A further opportunity for submission is also expected as part of any comprehensive review. Further information is available via the Whakatāne District Council website.
6.1 Kotahitanga Summer Internship Programme
Aroha Leighton Harry Carlson Arthur Flintoff Rangipare Ngaropo
Through the Long Term Plan, the Kotahitanga summer student programme was retained. Student interns are studying or plan to commence studying towards Maori policy, planning or Community Engagement/event qualifications.
An additional student was added to the Māori Policy unit, boosting the support of summer students from three to four for the 2017/2018 year. The four students for Community Engagement - Aroha Leighton (Kohi); Māori Policy - Rangipare Ngaropo (Kōhī), Harry Carlson (Ōkurei) and Arthur Flintoff (Mauao).
The Community Engagement student will be involved with various youth and community workshops, events, projects and engagements.
Each Māori Policy student will assist with work across the region. Some of the opportunities for knowledge and experience will include:
Maori communications and engagement
Policy and planning
Iwi resource management plans
Treaty of Waitangi
Fresh water management
7 Page 157 of 170 General Manager Strategy and Science Update
6.2 Community Engagement Update
Many of the Community Engagement team’s projects support kaupapa Māori. Some recent highlights include:
6.2.1 Hands on Water Expo
The Hands on Water Expo (8-9 November) brought together students from 22 schools to learn practical skills to care for their waterways as part of the wider Water Programme. This event is delivered in partnership with other local authorities and community organisations. Two activities were delivered in Te Reo Māori to the kura kaupapa that attended including Te Kura Toitu O Te Whaiti Nui a Toi, Te Mahoe and Murupara Area School. Last year we recognised a gap in terms of matauranga Māori and added a korero based activity that explores Maori perspectives and values on water in either Māori or English.
6.2.2 Environmental Enhancement Fund
Four Environmental Enhancement Fund applications have already been approved for 2017/18. This includes two marae based projects focused on improving water quality, reducing erosion and removal of weeds and regeneration of native plantings. The other two projects focus on innovative sustainability actions and pest control. There are a further two pending applications which are both kaupapa Māori based projects focusing on inanga habitat as well as native planting.
6.2.3 Green Gold Enviroschools
We currently have one school (Te Ranga) and two early learning centres (Tiaki and Katikati Kindergarten) across the region preparing to reflect at Green Gold level as Enviroschools. This is the highest recognition in the programme for sustainability in their teaching and learning, organisational practices and community outreach. Māori Perspectives is an integral component of the programme and is woven through all he resources. They are leading their communities in the sustainability space and demonstrating fantastic commitment to papatuanuku and the concepts of kaitiakitanga.
6.2.4 Tauranga Harbour Community Event
Plans are underway for an event to celebrate the Tauranga Harbour with the community on Saturday 3 March 2018. This event supports the Tauranga Moana Programme Community Outcome: Local communities have easy access to information about the harbour and catchment values and issues, and are actively supported to care for values that are important to them. We aim to involve new audiences (Families within the catchment) in hands-on investigations of Tauranga Harbour health (focusing on coastal environment) and to highlight work underway in the Tauranga Harbour to address key issues identified by the community (sea lettuce, sediment and pollution) plus coastal hazards, biodiversity and biosecurity. Once a venue is confirmed we will seek to involve Tangata Whenua, and already have relationships with a partner organisation to deliver a cultural health focused activity. We welcome suggestions from Komiti Māori to enhance this event.
8 Page 158 of 170 General Manager Strategy and Science Update
7 Council’s Accountability Framework
7.1 Community Outcomes
This project/proposal directly contributes to the Regional Community Outcome/s in the council’s Long Term Plan 2015-2025.
7.2 Long Term Plan Alignment
This work is planned under Environmental Protection in the Long Term Plan 2015- 2025.
Current budget
Māori Policy activities noted in this report are provided for through the Māori Policy budget. Funding for iwi/hapu management plans are within the Māori Policy activity budget.
Future Budget Implications
Future sponsorship is provided for in Council’s Long Term Plan 2015-2025.
Kataraina O'Brien Strategic Engagement Manager for General Manager, Strategy & Science
28 November 2017 Click here to enter text.
9 Page 159 of 170
Page 160 of 170
APPENDIX 1
Komiti Maori Actions for 12 December 2017
Page 161 of 170
Page 162 of 170
Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 10 October 2017 ACTIONS FROM KOMITI MĀORI HELD ON 10 October 2017 No Issue or report item Raised by Action Referred to Date referred and due by Progress/ Comments 1. Concerns of current Guy Ngatai ‐ BOPRC support Ngāti Ngararanui in Māori Policy ASAP In progress. state of environmental Ngāti the development of a Ngāti issues to the Waitetī Ngararanui Ngararanui Hapū Management Plan. Streams and surrounding areas 2. Te Komiro o Te Utuhina Cr Thurston Commission Toi Moana‐BOPRC staff Monitoring/Science Regional Council Delivery and In progress to write an urgent status report on all Direction Committee meeting the local urban streams flowing into ‐ 30 November 2017 Lake Rotorua 3. Te Komiro o Te Utuhina Fiona Work with Te Komiro o Te Utuhina on Community 12 December 2017 In progress McTavish an Environmental Enhancement Fund Engagement planting project. 4. Concerns around water Henry Provide an update report to address Consents/Science 12 December 2017 In progress. quality of Ngongotahā Colbert issues and concerns Stream (Ngāti Tura Ngāti Te Ngākau)
Page 163 of 170 Komiti Māori Action Table Bay of Plenty Regional Council
ACTIONS FROM KOMITI MĀORI HELD ON 23 August 2017 No Issue or report item Raised by Action Referred to Date referred and due by Progress/ Comments 1. Convene a hui/kōrero with Cr McDonald Māori Policy staff to discuss specifics Clarke Koopu, Provide a progress report on In progress. There have relevant hapū/iwi to with Cr McDonald prior to meeting Nathan Capper, discussions with hapū/iwi an been early discussions with consider options to pull or with hapū/iwi. Cr McDonald be invited supported by potential options to report to Tauranga Hapū and Iwi combine RMA to hui with hapū/iwi. Reuben the December 2017 Komiti through the RMA training technical/cultural expertise Gardiner. Māori hui. sessions. There are in Tauranga Moana. challenges and opportunities that have been raised. These are yet to be further discussed and socialised. 2. Liaise/advise Pirirakau (Julie Cr McDonald Staff to meet with Pirirakau and Clarke Koopu, MP to convene hui with In Progress. Informal and Rawiri) about matters provide any relevant research or Nathan Capper relevant staff and arrange to discussion have been made to be included in a background information or reports to and Reuben meeting with Pirirakau. with Pirirakau reps. The submission to the LTP for support their submission. Gardiner MP staff to prepare a report for Tauranga Catchments the acquisition of Prepare a report for a future Komiti supported by Komiti Māori. Manager is fully aware of Tahataharoa. Māori hui. Sara Omundsen the intent. The BOPRC staff and Pim have raised this in the past. deMonchy. Further discussion to be had with TCC and what they could contribute. There are some challenges in this as this has been submitted in the LTP with out success. However there is continued strong support by staff for the purchase of Tahataharoa.
Page 164 of 170 Komiti Māori Action Table Bay of Plenty Regional Council
3. Monitoring of Ecological, Cr Marr Ensure focused monitoring is Maritime team. ASAP Progress report to the cultural and social effects undertaken and that the conditions February‐March 2018 on Hunters Creek noted from the Navigation Safety Komiti Māori hui. Bylaws hearing decision, are implemented. Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 20 June 2017 ACTIONS FROM KOMITI MĀORI HELD ON 20 JUNE No Issue or report item Raised by Action Referred to Date referred and due Progress/ by Comments 1 Māori Participation in Komiti Requests staff develop tailored Māori Policy ASAP In progress. Council planning processes Māori engagement/consultation plans to encourage effective Māori participation. Requests that staff include a Māori Māori Policy ASAP In progress. implications section when drafting reports for Council committees. Endorses the development of Regional Māori Policy ASAP In progress. Council Engagement Strategy or Statement based on high level principles of engagement/consultation with Māori.
Page 165 of 170 Komiti Māori Action Table Bay of Plenty Regional Council
Page 166 of 170
APPENDIX 2
He Toka Tumoana scholarship poster
Page 167 of 170
Page 168 of 170 HE TOKA TŪMOANA SCHOLARSHIP
2 × $5000 Scholarships available
The scholarship is available to students who: • live or have whakapapa within the Bay of Plenty; and • are enrolled in a course related to environmental or water management, planning and/or mātauranga Māori.
Toi Moana Bay of Plenty Regional Council has created He Toka Tūmoana Scholarship in memory of the late Councillor Awanuiarangi Black, an avid supporter of environment and restoration projects, research and education.
Applications close 1 March 2018 For more information visit www.boprc.govt.nz/he-toka-tumoana Page 169 of 170
Page 170 of 170