Tuesday 27 September 2022 at 10.30am





Council Meeting

27 September 2022

Northland Regional Council Supplementary/Tabled Agenda


Meeting to be held in the Council Chamber

36 Water Street, Whangārei

on Tuesday 27 September 2022, commencing at 10.30am


Recommendations contained in the council agenda are NOT council decisions. Please refer to council minutes for resolutions.


Item                                                                                                                                                           Page



7.8      NRC Tiriti Organisational Review (Te Tiriti Health Check)                                4

Council Meeting                                                                                                                                  item: 7.8

27 September 2022




NRC Tiriti Organisational Review (Te Tiriti Health Check)


Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Maori Relationships Manager

Authorised by Group Manager/s:

Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement, on 23 September 2022


Executive summary/Whakarāpopototanga

The purpose of this report is to present council’s Long-Term Plan (LTP) Te Tiriti Organisational Review (Te Tiriti Health Check) for receipt by council.  This independent review is provided in the form of a final report and recommendations as prepared by consultants Buddle Findlay and Whaia Legal (Attachment 1).

Both Buddle Findlay and Whaia Legal were engaged in the development of the Te Tiriti Health Check as they have had significant experience in working with tangata whenua and councils across the country in Te Tiriti based matters.

At the formal council meeting held on the 26 July 2022 council formally adopted Tāiki ē (NRC Te Tiriti Strategy and Implementation Plan).  As such, the Te Tiriti Health Check is an annual review framework encompassed within Tāiki ē (Priority Action 1) that provides for an independent report with recommendations for constant improvement as to how council supports and uphold its Te Tiriti commitments in partnership with iwi and hapū in Te Taitokerau.

Given that this is the first time that council has embarked on this process, it must be acknowledged that it could not have been achieved without the hard work and contribution of the Te Taitokerau Māori and Council Working Party (TTMAC).  At the TTMAC formal meeting held on the 29 August 2022, TTMAC provided valuable feedback and kōrero on the draft Te Tiriti Health Check Report and commended both council and consultants for capturing the aspirations and collective voices of the hapū and iwi represented.  Furthermore, TTMAC endorsed the Te Tiriti Health Check and the integrity of the process undertaken by Buddle Findlay and Whaia Legal as it recognised the unique context of Te Taitokerau and the importance of He Whakaputanga o Ngā Rangatiratanga o Niu Tireni for the incoming council to consider.



1.         That the report ‘NRC Tiriti Organisational Review (Te Tiriti Health Check)’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Maori Relationships Manager and dated 15 September 2022, be received.

2.         That council receive the final report and recommendations of the Te Tiriti Organisational Review (Te Tiriti Health Check) prepared by Buddle Findlay and Whaia Legal (subject to any final minor, graphic, structural or grammatical changes or amendments recommended by the Chief Executive Officer).













Council receives the Te Tiriti Health Check Report and Recommendations.

Aligns with council’s commitment to Tāiki ē and Priority Action 1.

Te Tiriti o Waitangi and strengthens partnerships with tangata whenua.

Provides clear strategic direction both at a governance and operational level to give effect to Te Tiriti o Waitangi.

Provides a robust starting point for the incoming council for the understanding of Te Tiriti o Waitangi and Te Taitokerau context, partnership and obligations.

Increased workload for staff, elected and non-elected members.

Raises expectations of iwi and hapū for council to respond appropriately in a complex environment.



Council does not receive Te Tiriti Health Check.

No extra resource required for unbudgeted areas or action points that may arise from the recommendations.

Undermines council’s commitment to partnerships and will receive negative reactions from tangata whenua partners.

Significant amount of work and good will from TTMAC would be lost and underutilised.

Counter-productive to the implementation of Tāiki ē.


The staff’s recommended option is Option 1 – Council receives the Te Tiriti Health Check report and recommendations.


1.    Climate Impact

The Te Tiriti Health Check will assist to facilitate meaningful relationships with iwi and hapū as it will improve council’s ability to respond appropriately to climate implications with iwi and hapū.  This will be evident in council’s ability to discuss important topics related to climate change particularly as iwi and hapu are significantly impacted by floods, droughts and sea level rises in a way that recognises and respects the world view of Māori, specifically in how it translates within a mātauranga Māori framework and methodology.

2.    Environmental Impact

The Tiriti Health Check ensures that Tāiki e is upheld and prioritised by council and is constantly reviewing its performance against its LTP and subsequent implementation plans. Tāiki ē includes direct actions relating to environmental monitoring, review of council’s regulatory services, and education on environmental and resource management issues. Furthermore, while Tāiki e focuses on capacity, capability and Māori representation, it establishes a framework for looking at the other Ngā Whainga / Goals which include Water/Marine and Climate Crisis.

3.    Community views

Community views have been represented throughout the process via the Te Tiriti Health Check Programme which includes fully elected councillors, non-elected members of TTMAC, staff including the executive leadership team and hapū kaitiaki (as nominated by TTMAC). The positive reception of the Te Tiriti Health Check is evident in the unanimous endorsement of the document by TTMAC on 29 August 2022.

4.    Māori impact statement

This report directly relates to a partnership with Māori and recognises a commitment to a Te Tiriti o Waitangi based partnership between council and TTMAC.

5.    Financial implications

There are no financial implications as throughout the LTP 2018-2028 consultation processes, financial resources were clearly identified with annual budget provided to undertake and implement the recommendations of the Te Tiriti Health Check.

6.    Implementation issues

Recommendations from the Te Tiriti Health Check will be assessed within the context of Tāiki ē.  If there are any that do not correlate with Tāiki ē they will be identified in the monitoring and review section of Tāiki ē and incorporated into the next LTP.

7.    Significance and engagement

In relation to section 79 of the Local Government Act 2002, this decision is considered to be of low significance when assessed against council’s significance and engagement policy because Tāiki e, Te Tiriti Strategy and Implementation Plan has already been adopted by council and TTMAC respectively.  Therefore, the Te Tiriti Health Check is council’s ongoing commitment to the implementation plan, specifically Priority Action 1.  This does not mean that this matter is not of significance to tangata whenua and/or individual communities, but that council is able to make decisions relating to this matter without undertaking further consultation or engagement.


8.    Policy, risk management and legislative compliance

 The decision is consistent with policy and legislative requirements.


Long Term Plan 2018-2028 – Establishment of the Te Tiriti Health Check

TTMAC have been able to provide valuable input into council’s corporate planning processes since 2017 when they became involved in the long-term planning process commencing with the development of the LTP 2018-2028.  At this time TTMAC contributed to the development of that plan via three workshops. The feedback from these workshops was then reported back to TTMAC for review and endorsement.  During the workshops, detail about each of council’s activities was presented. Activities that were important to the group were discussed in more detail where spending priorities were identified. 

In June 2020 it was recommended that staff work alongside the Māori Technical Advisory Group (MTAG), as a mechanism for TTMAC to provide input into the 2021-2031 long-term planning process. In September 2020, the Māori Technical Advisory Group presented their LTP initiatives to TTMAC for review and endorsement. The primary issue was focused on honouring Te Tiriti o Waitangi and He Whakaputanga. Recommendations therefore used this as the primary driver for determining how council should resource itself, to transform into an organisation that not only honours Te Tiriti and He Whakaputanga but promotes the benefits and value of its partnership with tangata whenua.


TTMAC communicated to council that it should build organisational capability when developing its long-term plan underpinned by a programme of “Te Tiriti Health Checks”.

Key focus areas to drive change initiatives were identified as:

1.    Governance

2.    Relationships with Māori (specifically tangata whenua)

3.    Structural considerations

4.    Workforce capability

5.    Environment, and

6.    Policy development and service delivery.

These initiatives were summarised into five priority initiative groups relevant across council:

1.    Independent evaluation and treaty health check

2.    Māori representation and leadership

3.    Enabling tāngata whenua participation

4.    Enhancing the value of TTMAC, including their representation on working parties

5.    Taitokerau kotahitanga advocacy and investment fund - Taitokerau Forward Together.

During March/April 2021, community feedback was requested on council’s LTP consultation document and supporting documents. A number of initiatives were included for consultation including, for the first time, council plans to carry out a ‘health check audit’ of their legislative compliance and key performance indicators with Treaty of Waitangi/Te Tiriti o Waitangi obligations and best practice within the local government sector. Following consultation, staff reviewed the community feedback received and provided further recommendations to council to aid in their deliberations. As a result of community feedback and deliberations, council resolved to make no changes to the recommendations.

Council recognised the importance of meeting its Te Tiriti o Waitangi responsibilities and undertaking an independent review of how council is meeting these legislative responsibilities as an important part of ensuring these obligations are met. In June 2021 the TTMAC initiatives were adopted into the Long Term Plan 2021-2031.  Council have budgeted $50,000 in 2021/22, and $25,000 each year following. In addition, $100,000 is proposed each year from 2022/23 for implementing the health check, ensuring budget is available to make any required changes to plans, policy, or other operations, as highlighted by the health check.


During the LTP process MTAG indicated early on their preference to utilise an already established framework and recommended to staff the “Te Arawhiti capability framework” as the basis for developing the health check and this was subsequently endorsed by TTMAC.  Using the Te Arawhiti organisational capability framework, TTMAC provided an initial evaluation as to where council were currently positioned (based on knowledge and experience of council) and where they would like to see council in the next 1-5 years.

Delivery and commencement of the Te Tiriti Health Check

At the March 2022 meeting the non-elected members of Te Taitokerau Māori and Council Working Party (TTMAC) endorsed that the health check be delivered as a joint executive/governance initiative; the Te Arawhiti framework underpin the Te Tiriti health check; and that the Māori Technical Advisory Group’s (MTAG) benchmarking was a starting position.  Three MTAG members Norris, Tautari and Chetham were appointed as the Health Check Advisory Group to assist staff in recommending to council an independent contractor to undertake the Health Check.  The Health Check Advisory Group recommended, based on their experience in the areas of Treaty audits and similar reviews across councils in NZ, that Paul Beverley, Buddle Findlay and Tai Ahu, Whāia Legal be contracted as the independent evaluators. 

Work commenced with Buddle Findlay and Whaia Legal in June 2022.  It is the first time that council have undertaken such a comprehensive approach to Te Tiriti o Waitangi and as such it is an iterative process that involves key stakeholders with a long term vision to build enduring relationships with tangata whenua. A work programme (Attachment 2) and possible survey questions were recommended by Buddle Findlay and Whaia Legal to form the basis of the report and recommendations to be presented to TTMAC and council in September 2022 for implementation in the 2022-2023 financial year.

MTAG were endorsed at the TTMAC June 2022 meeting to continue to provide leadership and guidance on the development of the detailed Te Tiriti Health Check assessment process and work programme.  The Pou Manawhakahaere – GM Governance and Engagement and Kaiwhakahaere Hononga Māori have worked with the independent contractors on what has been an intense programme of work.  As part of the work programme a number workshops (and catch up sessions where required) have been completed with council, MTAG, tāngata whenua members of TTMAC, TTMAC, Executive Leadership Team (ELT) and hapū kaitiaki.  A full staff survey was also completed.

Buddle Findlay and Whaia Legal have provided their initial findings and a draft report back to MTAG, a small representative group made up of TTMAC co-chairs, council chair and CE’s (outgoing and incoming), ELT, and TTMAC.  Here they were able to receive further feedback and clarification to ensure the integrity and mana of the voices of all those involved were heard and incorporated into the review.  At the 9 September TTMAC meeting the draft report was endorsed by TTMAC for recommendation to council for adoption at the September 27, 2022, council meeting (subject to any changes or amendments recommended by TTMAC for the independent assessors to consider).

Below is the updated work programme endorsed at the TTMAC formal meeting on 11 August 2022. The programme was expanded to accommodate additional meetings for further guidance from MTAG and meetings with hapū kaitiaki.  Although this resulted in more workload and extension of initial timeframes it was important to allow time for the consultants to reflect tangata whenua views and aspirations in the final report.




Wednesday 27 July, 12.30PM-3.30PM

TTMAC caucus meeting – workshop

Thursday 28 July, 10-11AM

ELT meeting – workshop

Friday 29 July

Invites to be sent to Kaitiaki by Friday 29 July (MRT)

Wednesday 3 August, 10.30AM-12.30PM

Council workshop – workshop

Thursday 4 August

MTAG Meeting (anytime between 2-4pm)

Wednesday 10 August 2PM

ELT catchup session

By Wednesday 10 August

Māori Relationships Manager to share results of internal staff surveys with Providers

Thursday 11 August

Kaitiaki interviews complete

Thursday 11 August

Full TTMAC meeting (anytime between 11-3pm)

Thursday 24 August, 5pm

First draft report due

Thursday 1 September, 10-11AM

ELT meeting – to present draft report and receive any feedback

Thursday 1 September, 2-4PM

MTAG meeting – to present draft report and receive any feedback

Thursday 8 September, 11Am-1PM

TTMAC – to present draft report to TTMAC (full) and receive final feedback before finalising paper to Council

Friday 9 September, 5pm

Draft report to be finalised for the 13 September Council workshop

Tuesday 13 September, 1-2pm

Council workshop – to present final report and recommendations and receive any feedback

Wednesday 14 September, 5pm

Final report to be finalised for Council Agenda Preview Meeting on Tuesday 20 September

Tuesday 27 September, 1-2pm

Council meeting – to present final report with recommendations


Attachments/Ngā tapirihanga

Attachment 1: Te Tiriti Health Check Report - FINAL

Attachment 2: Te Tiriti Health Check Work Programme  


Council Meeting  ITEM: 7.8

27 September 2022Attachment 1

Council Meeting  ITEM: 7.8

27 September 2022Attachment 2