Huihuinga O Te Kāhui Māori O Taitokerau Te Taitokerau Māori and Council Working Party Thursday 10 August 2023 at 11.00am - 3.00pm (meeting)

 

10 August 2023

Rārangi Take O Te Kāhui Māori O Taitokerau

(Te Taitokerau Māori and Council Working Party Agenda)

 

 

Please note: working parties and working groups carry NO formal decision-making delegations from council. The purpose of the working party/group is to carry out preparatory work and discussions prior to taking matters to the full council for formal consideration and decision-making. Working party/group meetings are open to the public to attend (unless there are specific grounds under LGOIMA for the public to be excluded).

 

NGĀ MANA WHAKAHAERE

(MEMBERSHIP OF THE Te Taitokerau Māori and Council Working Party)

 

Heamana Tokorua (Co-Chairs): Marty Robinson, Councillor and Pita Tipene, Te Rūnanga o Ngāti Hine

 

Alan Riwaka, Te Rūnanga O Ngāti Whātua

Amy Macdonald, Councillor

Georgina Curtis-Connelly, Te Uri o Hau Settlement Trust

Geoff Crawford, Councillor

Geraldine Baker, Kahukuraariki Trust Board

Jack Craw, Councillor

Janelle Beazley, Te Rūnanga-Ā-Iwi-O-Ngāpuhi

Joe Carr, Councillor

John Blackwell, Councillor

Juliane Chetham, Patuharakeke Te Iwi Trust Board

Lynette Wharerau, Te Whakaminenga O Te Hikutu Hapu-Whanau

Michelle Elboz, Ngāti Kuta

Mike Kake, Ngāti Hau

Mira Norris, Te Parawhau Hapū Authority Charitable Trust

Mariameno Kapa Kingi, Te Rūnanga Nui o Te Aupōuri

Nora Rameka, Te Rūnanga O Ngāti Rehia

Nyze Manuel, Te Rūnanga O Whāingaroa

Mahue Greaves, Ngāti Tara

Peter-Lucas Jones, Councillor

Rick Stolwerk, Councillor

George Riley, Te Rūnanga o Te Rarawa

Rowan Tautari, Te Whakapiko Hapū

Thomas Hohaia, Te Roroa

Tui Shortland, Councillor (Chair, NRC)

Ripeka Read, Te Waiāriki, Ngāti Korora, Ngāti Taka Hapū Iwi Trust

Aperahama Edwards, Ngātiwai Trust Board

 

 

 

Commonly used terms and abbreviations

Appointed member – one of the (up to) twenty-one appointed iwi and hapū members from Te Taitokerau tāngata whenua. Members are appointed in accordance with the Terms of Reference. In addition to appointed members there are nine elected members (councillors) AP - Annual Plan TTMAC caucus – is comprised of appointed (tāngata whenua) members CEO - Chief Executive Officer CPCA - Community Pest Control Areas DOC - Department of Conservation FNDC - Far North District Council GIS - Geographic Information System HEMP - Hapū Environmental Management Plan IEMP - Iwi Environmental Management Plan ILGACE - Iwi and Local Government Chief Executives Forum KDC - Kaipara District Council  LAWA – Land, Air, Water Aotearoa LEA - Local Electoral Act 2001 LGA - Local Government Act 2002 LGNZ - Local Government New Zealand LIDAR – Light detection and ranging LTP - Long Term Plan

MBIE – Ministry of Business, Innovation & Employment MFE - Ministry for the Environment MOT - Ministry of Transport MPI - Ministry for Primary Industries MTAG - Māori Technical Advisory Group (a sub-group of TTMAC) NES - National Environmental Standards NINC - Northland Inc. Limited NIWA - National Institute of Water and Atmosphere NPS - National Policy Statement NPS-FM - National Policy Statement for Freshwater Management RMA - Resource Management Act 1991 RP – Regional Plan TAG - Technical Advisory Group TKoT – Te Kahu o Taonui TTMAC - Te Taitokerau Māori and Council Working Party TTNEAP – Tai Tokerau Northland Economic Action Plan TOR - Terms of Reference TPK - Te Puni Kōkiri (Ministry of Maori Development) TWWAG – Tāngata Whenua Water Advisory Group WDC - Whangarei District Council

 

 

 

 

 

KARAKIA / WHAKATAU

 

RĪMITI (ITEM)                                                                                                      Page

1.0      Ngā Mahi Whakapai/Housekeeping

2.0      NGĀ WHAKAPAHĀ/apologies   

3.0      NGA WHAKAPUAKANGA/declarations of interest

4.0      Ngā Rīmiti / Items

4.1      Record of Actions – 8 June 2023                                          4

4.2      Receipt of Action Sheet                                                       10

CAPACITY AND CAPABILITY

4.3      Tāiki ē - Report on Priority Actions                                    14

MĀORI REPRESENTATION

4.4      Te Tiriti Health Check Report                                              21

4.5      Re-establishment of the Māori Technical Advisory Group                                                                                                 61

4.6      Appointment of TTMAC members to the Future Development Strategy Joint Working Party                     64

WATER/MARINE

4.7      Wānanga Waiora                                                                  67

4.8      Freshwater Farm Plan Regulations Implementation      69

4.9      Tangata Whenua Water Advisory Group Update            74

REPORTS FOR NOTING

4.10   Report on Ōtangaroa Marae Hui                                        75

4.11   The Chief Executives Report to Council has been provided as a supplementary paper. It can also be read online at Agenda of Council Meeting - Monday, 31 July 2023 (infocouncil.biz)

 

10 August 2023

 

TITLE:	Record of Actions – 8 June 2023
From:	Sally Bowron, Strategy, Governance and Engagement Team Admin/PA
Authorised by Group Manager/s:	Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement, on

 

The purpose of this report is to present the Record of Actions of the last meeting (attached) held on 8 June 2023 for review by the meeting.

 

Attachment 1: Record of Actions - 8 June 2023 ⇩  

 

10 August 2023Attachment 1

 

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Report: Record of Actions – 8 June 2023

Attachment: Record of Actions - 8 June 2023

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Report: Record of Actions – 8 June 2023

Attachment: Record of Actions - 8 June 2023

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Report: Record of Actions – 8 June 2023

Attachment: Record of Actions - 8 June 2023

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Report: Record of Actions – 8 June 2023

Attachment: Record of Actions - 8 June 2023

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Report: Record of Actions – 8 June 2023

Attachment: Record of Actions - 8 June 2023

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10 August 2023

 

TITLE:	Receipt of Action Sheet
From:	Sally Bowron, Strategy, Governance and Engagement Team Admin/PA
Authorised by Group Manager/s:	Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement, on

 

The purpose of this report is to enable the meeting to receive the current action sheet.

 

That the action sheet be received.

 

Attachment 1: Action Sheet ⇩  

 

10 August 2023Attachment 1

 

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Report: Receipt of Action Sheet

Attachment: Action Sheet

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Report: Receipt of Action Sheet

Attachment: Action Sheet

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Report: Receipt of Action Sheet

Attachment: Action Sheet

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10 August 2023

 

TITLE:	Tāiki ē - Report on Priority Actions
From:	Kim Peita, Māori Relationships Manager
Authorised by Group Manager/s:	Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement, on

 

The purpose of this report is to provide an update of the progress being made on Priority 1 Actions within Tāiki ē in a commitment to a Te Tiriti partnership – “Rangatiratanga and Kawanatanga working together for the well-being of the Taiao”.

 

This report focuses specifically on the twelve Priority 1 actions and a table is attached to be read in conjunction with this agenda item.  Progress against the Priority 2 and 3 actions will be reported to Te Taitokerau Māori and Council Working Party (TTMAC) at the next quarterly update, or by a specific agenda item for any activities that require a formal recommendation to TTMAC.

 

Tāiki ē was adopted by council on 26 July 2022 and as a result 11 Priority 1 actions were to be commenced within 12 months of that date.  Staff can report that all but one of the Priority 1 actions have been commenced and action toward this is provided in the attachment. Priority 1 Action 11 has not been commenced and will be actioned as a priority within the next three months.

 

In summary some items are commenced and sit with the existing workplan so effectively will continue to be completed annually as a matter of course.  Other items have been commenced by way of the Annual Plan new initiatives and substantiate the Long Term Proposals, within the 12 months, and require ongoing work to develop more fully i.e. Mātauranga Māori Monitoring framework.

 

1.        That the report ‘Tāiki ē - Report on Priority Actions’ by Kim Peita, Māori Relationships Manager and dated 30 July 2023, be received.

The Tāiki ē NRC Te Tiriti Strategy and Implementation Plan lists 26 actions and timeframes.  The actions have been ranked by priority according to their ability to give effect to Te Kaupapa - Mission:  

Priority 1

·     the action(s) has the potential to have a significant impact and should be the top priority in terms of work and resourcing.

·     Underway – the action(s) is actively being implemented, with further work required OR

·     Commence within 12 Months - action has commenced within 12 months of adoption of the Implementation Plan (e.g., by 26 July 2023 and there is a commitment to a completion date.  

Priority 2

·     the action(s) has the potential to have a moderate impact and should be progressed after High priority actions have commenced. 

·     Years 1 – 3 – action to be completed within 3 years of adoption of the Implementation plan (e.g., by 30 June 2025).  

Priority 3

·     action(s) have comparably less impact and should be progressed after High and Medium priority actions have commenced. 

·     Years 3 – 10+. 

 

Actions are listed in terms of whether budget is already allocated or not, or not required. This will help guide NRC to seek funding in the Annual Plan or Long-Term Plan to be able to implement these actions.  It must be acknowledged that if unbudgeted actions do not receive future Annual Plan or Long-Term Pan funding then they will need to be discussed further with TTMAC to understand why funding was not received and what further action may be taken. 

 

Attachment 1: Tāiki e Priority 1 Updates - TTMAC August 10 2023 ⇩  

 

10 August 2023Attachment 1

 

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Report: Tāiki ē - Report on Priority Actions

Attachment: Tāiki e Priority 1 Updates - TTMAC August 10 2023

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Report: Tāiki ē - Report on Priority Actions

Attachment: Tāiki e Priority 1 Updates - TTMAC August 10 2023

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Report: Tāiki ē - Report on Priority Actions

Attachment: Tāiki e Priority 1 Updates - TTMAC August 10 2023

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Report: Tāiki ē - Report on Priority Actions

Attachment: Tāiki e Priority 1 Updates - TTMAC August 10 2023

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Report: Tāiki ē - Report on Priority Actions

Attachment: Tāiki e Priority 1 Updates - TTMAC August 10 2023

Page: 5

10 August 2023

 

TITLE:	Te Tiriti Health Check Report
From:	Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Māori Relationships Manager
Authorised by Group Manager/s:	Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement, on

 

As requested,^[1] this is an update of progress against the Te Tiriti Health Check Independent Report (the Health Check) recommendations (attached) which was received formally by council in September 2022. The paper also outlines how the recommendations align and integrate within Tāiki ē (NRC Te Tiriti Strategy and Implementation Plan) and proposes next steps.

 

There were 14 recommendations in the Health Check for council and a summary assessment that measured council’s performance against six priority areas based on the Te Arawhiti Framework. Currently there is work underway to correlate the Health Check recommendations with Tāiki ē’s recommendations, however further analysis and review needs to be done in partnership with TTMAC.

 

As a matter of priority and Tāiki ē Action Point 1 this process and review is also one of council’s key performance indicators to conduct an annual Te Tiriti Health Check for 2023 in its commitment to building meaningful relationships with tangata whenua. This is allocated and resourced within current council budgets.

 

Therefore, the recommendation of this report is to:

1.    Re-establish a TTMAC Te Tiriti Health Check sub-group to advise and guide council on how to action the recommendations made in the Te Tiriti Health Check 2022 and remunerate the members as per council policies.

2.    Endorse the engagement of Buddle Findlay and Whaia Legal to commence the Te Tiriti Health Check for 2023 in order to provide continuity and given their experience and expertise with TTMAC and council.

 

A presentation will be given for TTMAC by the GM - Governance and Engagement to provide context and further background on the Te Tiriti Health Check and what the process entailed – outlining the history of its beginnings, current state of where council is at and the intended future of the review process.

 

1.        That the report ‘Te Tiriti Health Check Report’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Māori Relationships Manager and dated 31 July 2023, be received.

2.        That Te Taitokerau Māori and Council Working Party (TTMAC) endorse the re-establishment of a TTMAC Te Tiriti Health Check working group to advise and guide council on how to action the recommendations made in the Te Tiriti Health Check 2022 and to remunerate the members as per council policies.

3.        That Te Taitokerau Māori and Council Working Party (TTMAC) endorse the engagement of Buddle Findlay and Whaia Legal to commence the Te Tiriti Health Check for 2023, to provide continuity and given their experience and expertise with TTMAC and council.

In September 2022, the previous council received the inaugural Te Tiriti Health Check conducted by Buddle Findlay and Whaia Legal. This report had 14 recommendations and assessed council performance against Te Arawhiti (Office of Treaty Settlements) Māori Crown Relationships Framework (attached). The Te Tiriti Health Check utilises the Te Arawhiti Māori Crown Relations Capability Framework as a basis to measure council’s performance against key benchmarks.

The full and final report received was undertaken in partnership with iwi and hapū technical advisors and made recommendations summarised as below in the first column, with initial analysis by council staff in the second column.

 

Te Tiriti Health Check Recommendation	Alignment with Tāiki ē
(a) the partners should develop a shared view of what successful partnership looks like	Relates to Tāiki ē Priority Action 2 – What it means for NRC to uphold its Te Tiriti o Waitangi principles and obligations.
(b) the current state is a positive point in the journey, but it should not be seen as the end point	Relates to Tāiki ē Priority Action 2 – Continue to develop Tāiki ē and undertake annual Te Tiriti Health Check
(c) that an agreed work programme be developed that allows the council and its Treaty partners to identify areas where they share a common objective or view (e.g., on major legislative reform such as the RMA or the three waters reform)	Relates to Tāiki ē NRC Strategy and Implementation Plan
(d) the issue of the extent of legislative constraints should be addressed and tested, so the partners have a clear view of what is possible in terms of the future shape of the partnership	Relates to Tāiki ē Action 13. Undertake joint advocacy to central government on agreed priorities and interests.
(e) Tāiki ē should continue to be implemented, funded, and reviewed with key performance and review measures	Regular updates and reports provided at TTMAC formal meetings.  Adopted by council and forms priorities for LTP.  Annual Plan has been approved for funding to implement Tāiki ē and employ 2 x FTEs.
(f) consider how tangata whenua members of the various structures can be fully resourced and supported to contribute and participate – the current demands on a small number of people are too high and that is not sustainable	Relates to Tāiki ē Action 11
(g) set clear parameters for funding Tiriti partners to participate in council processes and projects involving mana whenua	Relates to Tāiki ē Action 2.
(h) ensure that the council is clear on which iwi/hapū/other entities it should be talking to in each context and prepare a clear strategy/direction for this	Relates to Tāiki ē Action 9 and Action 20 - Relates to review of the resource consents process and development of a GIS digital resource/spatial maps has commenced and will be reviewed in accordance with the findings and recommendations of this project.
(i)  ensure that tangata whenua feedback on proposals is clearly recorded and reported back on	Need to seek advice and guidance from TTMAC. i.
(j)  consult with and/or involve Māori in processes for recruitment and appointment of council staff	Look to include in 2023 Te Tiriti Health Check and endorsement for Whaia Legal to commence Te Tiriti Health Check i. Internal workforce capacity and capability ii.     Council policy design and the Treaty; iii.    Reporting obligations.
(k) implement a regular review of processes for internal communication and planning between governance and operations staff at the council, to ensure consistency of engagement and delivery on projects and Te Tiriti objectives	Need to seek advice and guidance from TTMAC on this matter.
(l)  develop (or continue to develop and implement through Te Whāriki) an agreed work plan on building the capability and capacity of councillors and council staff in Te Tiriti (as set out in Te Whāriki) and He Whakaputanga, and implement regular reviews of the work programme	Need to seek advice and guidance from TTMAC on this matter.
(m)     develop a clear framework for the identification and appropriate treatment of mātauranga Māori within the operations of the council and how it can be protected and developed in Tāiki ē	Relates to Tāiki ē development of a Mātauranga Māori monitoring framework and relevant policies.  Implementation of the National Freshwater Policy statement.
(n) identify the specific issues of Māori in relation to the considering and granting of resource consents and develop a regular plan and review mechanism to respond to issues raised by hapū and iwi.	Relates to Tāiki ē review of the Regulatory (Resource Consents Review)

 

Benchmark and setting expectations

The table below provides the direction and guidance utilising the Te Arawhiti Māori Crown Relations Capability Framework (attached) and confirms the priority areas for 2023. 

 

Attachment 1: Te Tiriti Health Check, September 2022 ⇩

Attachment 2: Te Arawhiti Framework ⇩  

 

10 August 2023Attachment 1

 

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Report: Te Tiriti Health Check Report

Attachment: Te Tiriti Health Check, September 2022

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10 August 2023Attachment 2

 

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Report: Te Tiriti Health Check Report

Attachment: Te Arawhiti Framework

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Report: Te Tiriti Health Check Report

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10 August 2023

 

TITLE:	Re-establishment of the Māori Technical Advisory Group
From:	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

 

Council has acknowledged that over the previous triennium, the Māori Technical Advisory Group (MTAG) workload significantly increased, and MTAG members were being asked to provide both operational and governance advice as a subgroup of Te Taitokerau Māori and Council Working Party (TTMAC).

 

In response to this, rather than re-establishing MTAG in the new triennium, it was proposed:

1.    That the Māori Relationships Team consider options with the previous MTAG members, and propose solutions and recommendations to address these challenges, and

2.    That consideration be given to establishing a kaitiaki operational technical group, to separate operational and governance technical expertise.

 

In response, meetings were held to seek guidance from previous MTAG members on the possible scope for establishing a kaitiaki technical group, and to clarify the roles and responsibilities of a future Māori Technical Advisory Group for TTMAC.

 

This paper presents the following recommendations coming out of those two meetings, for TTMAC consideration:

1)    That MTAG be re-established, but with revised main purposes, as follows:

a)    To provide technical expertise and guidance to TTMAC and council on:

i)     issues related to tāngata whenua, including cultural traditions, and

ii)    protocols specifically related to the taiao and environmental issues facing the region.

b)   To advise the TTMAC iwi/hapū caucus on matters such as significant policy and planning changes, legislative reforms, and submissions.

This would aim to support the development of informed and comprehensive regional consensus positions, to reinforce and advance both TTMAC’s Strategic Intent and council’s Te Pae Tawhiti Vision and Mission.

2)    That council procure kaitiaki and tangata whenua technical experts, contractors and expertise for operational matters to advise and guide TTMAC if required, as per the Māori procurement policy, rather than refer operational matters to MTAG members.

This type of work will be outside the scope and role of the re-established MTAG.

The rationale for this recommendation is that for grassroots work, council needs to work directly with kaitiaki in their respective rohe, having regard for the specific challenges and opportunities of tāngata whenua (as per the Tāiki ē NRC Te Tiriti Strategy and Implementation Plan).

 

 

1.        That the report ‘Re-establishment of the Māori Technical Advisory Group’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Maori Relationships Manager and dated 31 July 2023, be received.

2.        That MTAG be re-established, but with revised main purposes, as follows:

a.        To provide technical expertise and guidance to TTMAC and council on:

i.         issues related to tāngata whenua, including cultural traditions, and

ii.        protocols specifically related to the taiao and environmental issues facing the region.

b.        To advise the TTMAC iwi/hapū caucus on matters such as significant policy and planning changes, legislative reforms, and submissions.

3.        That council procure contractors and expertise for operational matters to advise and guide TTMAC if required, as per the Māori procurement policy, rather than refer those matters to MTAG members. This type of work will be outside the scope and role of the re-established MTAG.

4.        That TTMAC nominate and endorse MTAG members.

          

MTAG meeting outcomes

At the meetings held between Māori Relationships Team and MTAG, a scope was considered outlining the purpose of a kaitiaki operational technical group, as a way to address the level of operational mahi that MTAG had been expected to provide advice on. Although MTAG agreed that the work they had been doing was not sustainable, they agreed that there were important roles for a Māori Technical Advisory Group in the areas of policy, planning and legislative reforms. They did NOT support the establishment of a kaitiaki operational group/forum, because they believed that for grassroots work, council needs to work directly with kaitiaki in their respective rohe, having regard for the specific challenges and opportunities of tāngata whenua (as per the Tāiki ē NRC Te Tiriti Strategy and Implementation Plan).

 

The significant amount of time and effort required of MTAG members was acknowledged. Not only were MTAG providing technical support for council staff to inform a better understanding of Te Ao Māori, but they also carried the heavy responsibility of navigating technical reports and data to support the TTMAC iwi/hapū caucus to come to informed and comprehensive consensus positions and recommendations. These positions and recommendations subsequently enhanced council’s ability to make well-informed decisions relating to significant policies, plan changes, action plans, and regional environmental strategies.

 

Based on the above considerations, MTAG recommended:

·    the re-establishment of MTAG with a more focused purpose,

·    the implementation of Tāiki ē NRC Te Tiriti Strategy and Implementation Plan, and the Te Tiriti Organisational Review,

·    the operationalisation of a Māori procurement policy that clarifies how council should engage with operational Māori technical advice, and

·    that council consistently consider in its decision-making TTMAC’s Strategic Intent 2021-2040.

 

MTAG considered that these actions and approaches would significantly enhance council’s ability to build enduring relationships and meaningful partnerships with tangata whenua of Te Taitokerau.

 

Revised roles and responsibilities for MTAG

 

MTAG proposes the following revised roles and responsibilities for the Māori Technical Advisory Group.

 

Purpose

1)    To provide technical expertise and guidance to TTMAC and council on:

a)   issues related to tāngata whenua, including cultural traditions, and

b)   protocols specifically related to the taiao and environmental issues facing the region.

2)    To advise the TTMAC iwi/hapū caucus on matters such as significant policy and planning changes, legislative reforms, and submissions, with the aim of supporting the development of informed and comprehensive regional consensus positions and recommendations, to reinforce and advance both TTMAC’s Strategic Intent and council’s Te Pae Tawhiti Vision and Mission.

 

Membership

The group should consist of 7 members who are recognised as tangata whenua experts and have skills and qualifications to support the purpose of the group. These skills may include:

 

·    Policy, planning, science and law expertise, with application to the preservation and/or ongoing development of Māori interests in Te Taitokerau.

·    A broad understanding of the RMA, council’s legislative responsibilities, and provisions that give effect to Te Tiriti o Waitangi.

·    An understanding of the iwi and hapū context of He Whakaputanga and Te Tiriti o Waitangi in terms of their application in Te Taitokerau.

 

MTAG members must be recommended and endorsed by the iwi and hapū members of TTMAC. Provision should be made, as best as possible, for broad regional coverage. Members’ availability for attending meetings must be ascertained.

 

Roles and responsibilities

Members are expected to attend regular monthly meetings to support and assist TTMAC in the delivery of actions in the Tāiki ē NRC Te Tiriti Strategy and Implementation Plan, and any other matters that are consistent with the TTMAC Strategic Intent 2021-2040.

Remuneration

Remuneration will be provided to MTAG members in accordance with the non-elected members policy.

 

Nil

 

10 August 2023

 

TITLE:	Appointment of TTMAC members to the Future Development Strategy Joint Working Party
From:	Michael Payne, Policy Specialist
Authorised by Group Manager/s:	Ruben Wylie, Pou Tiaki Taiao, on 03 August 2023

 

Whangārei District Council (WDC) and Northland Regional Council (NRC) are required to jointly prepare a strategy to guide urban development in Whangārei for the next 30 years, including the physical and social infrastructure required to achieve well-functioning urban environments. Governance oversight of the project is intended to be shared jointly between NRC and WDC.

At the time of writing, the specifics of the joint governance entity remain to be finalised by WDC. However, having workshopped NRC councillors, direction was given that:

Ÿ governance should comprise 50/50 elected members and tangata whenua representation; and

Ÿ staff should request Te Taitokerau Māori and Council Working Party provide nominations for two members to be part of the governance entity.

This paper seeks the nomination of two iwi and hapū members of Te Taitokerau Māori and Council Working Party (TTMAC) to participate in governance of the Future Development Strategy.  

1.        That the report ‘Appointment of TTMAC members to the Future Development Strategy Joint Working Party’ by Michael Payne, Policy Specialist and dated 1 August 2023, be received.

2.        That Te Taitokerau Māori and Council Working Party (TTMAC) nominate two (2) members who can represent Whangārei from TTMAC.

Under the National Policy Statement on Urban Development (NPS-UD), WDC and NRC are required to jointly prepare a Future Development Strategy (FDS) in time to inform the 2024-34 Long-term Plan (LTP).  It is anticipated that the working party will operate until approximately mid-2024.

The FDS is intended to map out the requirements for urban development for the next 30 years, including the physical and social infrastructure required to achieve well-functioning urban environments.

The FDS is also required to proactively identify the aspirations of tangata whenua.  Through engagement undertaken with tangata whenua on other strategic projects, staff are aware that tangata whenua aspirations are not simply limited to the urban environment, so the FDS for Whangārei will have a wider scope and include areas beyond the Whangārei CBD.

The FDS is an opportunity to develop a clear spatial and strategic direction for Whangārei and realise strategic outcomes for Whangārei through the FDS, including:

Ÿ a shared understanding of hapū and iwi aspirations for the future of Whangārei;

Ÿ agreement between council, central government departments, hapū, iwi and our communities, on the infrastructure that is needed to service future growth;

Ÿ better planning for, and funding of, development and social infrastructure; and

Ÿ certainty for tangata whenua, infrastructure providers, developers and the community on where future development is appropriate.

An example of an FDS for Nelson and Tasman District Council can be accessed through the following link:

https://www.nelson.govt.nz/assets/Building-Planning/Downloads/city-development/future-development-strategy/fds-2022-2052/Future-Development-Strategy-Sep2022.pdf

The WDC’s Strategic Planning team will manage the development of the FDS, with the support from NRC staff and external contractors.  Tangata whenua representatives and elected members of both WDC and NRC will provide governance oversight.

 

Project Governance

At the time of writing, WDC is yet to formally confirm the arrangements for the governance oversight of the FDS.  However, NRC staff sought direction from Council and, based on their feedback and the work undertaken by WDC, it is proposed that the development of the FDS is governed by a Joint Working Party consisting of two members from each of the following:

Ÿ Te Taitokerau Māori and Council Working Party (TTMAC)

Ÿ Northland Regional Council

Ÿ Te Kārearea (Committee of WDC)

Ÿ Whangārei District Council

Terms of Reference and a formal invitation will be forthcoming from WDC once a decision is made by its elected members as to the governance arrangement.  Staff are seeking nominations before that point to enable appointment of TTMAC members to the working party as soon as possible.

 

Purpose of the Joint Working Party

Although the Terms of Reference for the working group are yet to be finalised, an overview of expected roles and responsibilities are outlined below.

Key Responsibilities

The Future Development Strategy Working Group has the responsibilities to:

1.  provide feedback to staff throughout the development of the FDS;

2.  consider engagement and consultation feedback gained through the FDS communication and engagement process;

3.  consider and recommend the draft FDS to each of the partner councils for public notification;

4.  hear and consider submissions on the draft FDS and make appropriate recommendations to the partner councils; and

5.  consider and recommend a final FDS to each of the partner councils for approval.

Reporting and Recommendations

Ÿ The Working Group will provide recommendations in accordance with key responsibilities.

Ÿ The Working Group will report monthly (or as required) to WDC, Te Karearea Strategic Partnership Committee, NRC and Te Taitokerau Maori and Council Working Party through operational reporting.

Ÿ Any report that requires a formal decision will be referred to the WDC and NRC.

Powers not Delegated

Ÿ The Working Group has no delegated authority.

Ÿ Following the final recommendation from the Working Group to adopt the final FDS, the group will then be disestablished.

 

Remuneration

Remuneration is proposed to be consistent with existing remuneration arrangements for iwi and hapū member of TTMAC.

Nil

 

10 August 2023

 

TITLE:	Wānanga Waiora
From:	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

 

Nyze Manuel, project lead on behalf of Whangaroa Taiao Ltd will be providing a formal presentation for Te Taitokerau Māori and Council Working Party (TTMAC) in collaboration with the TTMAC steering committee that consisted of iwi and hapū members, Tangata Whenua Water Advisory Group (TWWAG) Co-Chair and Ministry for Environment (MfE) representatives.

 

1.        That the report ‘Wānanga Waiora ’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Maori Relationships Manager and dated 31 July 2023, be received.

Te Taitokerau Māori and Council Working Party (TTMAC) endorsed project steering group to provide an update of the Freshwater symposium – “Wānanga Waiora”, recommended by the Tangata Whenua Water Advisory Group (TWWAG) to engage iwi, hapū and kaitiaki on the work being done in regard to implementation of Te Mana o te Wai and the National Freshwater Policy Statement. The wānanga is scheduled for Wednesday, July 12 at the Waiotaha Conference Centre, Waitangi.

TTMAC and TWWAG recommended Northland Regional Council (NRC) support the facilitation of a 1–2-day Te Taitokerau Freshwater Symposium to bringing together tāngata whenua and various organisations to raise awareness of all water-related matters and a forum for discussion, and opportunity to provide feedback to government, the purpose being to:

·    Support iwi and hapū awareness and understanding of all the water-related changes happening, including Essential Freshwater policy, 3Waters reform, Water Services, RMA reforms, and climate change.

·    Provide tangata whenua with an opportunity to share their experiences and stories on what is required for them to fulfil their role in freshwater management and decision-making.

A Project Steering Group (PSG) comprising TTMAC members, council and Ministry for the Environment (MfE) staff was established to provide direction on the look and feel of the symposium, ensuring the agenda was iwi- and hapū-led, while still being inclusive of government agencies (e.g. MfE, DIA, Taumata Arowai, MBIE, MPI, DOC), other Northland councils, Reconnecting Northland, and Whitebait Connection. The PSG agreed that Whangaroa Taiao Ltd be contracted as the event organiser because it already had plans for a Wai Symposium (that had been disrupted by Covid-19) and was able to revitalise the programme, speakers and networks in alignment with the purpose of the ‘Freshwater Symposium’.

Funding for the symposium has been provided by MfE ($25,000) and Northland Regional Council ($10,000) to engage the event organiser and associated costs for the event.

A verbal update/presentation of the kaupapa, agenda and outcomes will be presented by key members of the project steering group, including MfE representatives, at the TTMAC meeting.

 

Nil

 

10 August 2023

 

TITLE:	Freshwater Farm Plan Regulations Implementation
From:	Penny Pirrit, Northland Regional Council Management Representative
Authorised by Group Manager/s:	Ruben Wylie, Pou Tiaki Taiao, on

 

Central Government’s Freshwater Farm Plan Regulations (the Regulations) were gazetted on 6 June 2023. The Regulations require all farms over 20 hectares and horticulture blocks over 5 hectares to have a certified freshwater farm plan (FWFP) in place. The regulations set out that regional and unitary councils must engage with tangata whenua on:

·   Input into the information on catchment context, challenges and values provided by the Regional Council to farm operators and others who develop FWFPs.

·   Involvement in the development and delivery of any region-specific training.

The timeframes for achieving this engagement is very limited, with farm plans likely to be required in Te Taitokerau by the second half of 2024. The purpose of this report is to recommend that the advice of the Tangata Whenua Water Advisory Group be sought to provide advice in respect of Tangata Whenua involvement in the freshwater farm plan implementation process.

 

1.  That the report ‘Freshwater Farm Plan Regulations Implementation’ by Penny Pirrit, Northland Regional Council Management Representative and dated 2 August 2023, be received.

2.  That the Tangata Whenua Water Advisory Group be asked to consider options for how

a.  to improve the information that Northland Regional Council holds relating to identified cultural matters of importance to tangata whenua within each of the current 13 Te Taitokerau Freshwater Management Units.

b.  to provide guidance on any relevant freshwater matters in planning documents that are recognized by iwi authorities and lodged with the Council; and

c.   tangata whenua can best be involved in the development and delivery of specific Te Taitokerau training for Freshwater Farm Plan certifiers and auditors.

3.  That the Tangata Whenua Water Advisory Group report back to this Working Party in October 2023 on the above matters.

Central Government’s Freshwater Farm Plan Regulations (the Regulations) were gazetted on 6 June 2023.

The Regulations are part of the toolbox for implementing the 2020 National Policy Statement for Freshwater Management (NPS-FWM) which introduced policy directions and requirements to halt water quality decline in Aotearoa/ New Zealand’s rivers, lakes and waterways with the intention that improvements would start occurring within five years.

The Freshwater Farm Plans (FWFP) system (refer Attachment1) intends to pull together many of the freshwater threads at a catchment and farm level by consolidating freshwater rules, regulations, and plans into a single FWFP. Every farm with more than 20 hectares in arable or pastoral use, more than 5 hectares in horticultural use, or more than 20 hectares of combined use will require a FWFP. FWFP are mandated under Part 9A of the RMA. Resource consents or rules will still be necessary for some activities.

The requirement to develop a FWFP within any region takes effect at a date indicated in an Order of Council signed by the Governor General.  From the 1 August Southland and the Waikato will be the first regions to start implementing the Regulations. A second tranche of regions will start implementing the Regulations in early 2024, and the names of those regions will be released in an Order in Council around August. The remaining regions, including Te Taitokerau, will progressively implement them over 2024 and 2025.

Staff have recommended to the Council that the Regulations should be implemented in a phased approach across Te Taitokerau in order to manage resources and information provision efficiently. The current 13 Freshwater Management Units (FMUs) are recommended to be used to spatially define the phasing (refer Attachment 2 for a map of the FMUs).

Central government has indicated that by the end of 2025 all regions will be implementing the Regulations and by 2027 all qualifying farms should have a FWFP in place (though there is no indication/requirement in the Regulations referring to that 2027 date).

Once the Regulations are implemented in an area (FMU) all farms that meet the qualifying size will be required to develop and lodge a FWFP for certification within 18 months.  The Regulation set out what FWFP must contain, including an analysis of the risks of farming activities on freshwater or freshwater ecosystems, and the identification of actions to avoid, remedy or mitigate those risks.

Every FWFP must be assessed by a certifier who will confirm that the plan and its actions meet the certification requirements of the Regulations. Regional councils must appoint at least one certifier within 2 months of the Regulations being implemented within a region/sub-region. Within 12 months of a FWFP certification an auditor will audit how the actions within the FWFP are being implemented. A regional council must appoint at least one auditor within 6 months of the date(s) of implementation of the Regulation.

Role of Regional Councils

While the Regulations require the farm operator to be responsible for the development of the FWFP, the engagement and payment of certifiers and auditors, and the implementation of FWFP actions, there are several critical functions that councils must fulfil.

·   Determining how and when the Regulations should be implemented across a region.

·   Collation of existing information on catchment context, challenges and values. (CCCV)

·   Appointment of FWFP certifiers and auditors.

·   Training of FWFP certifiers and auditors on the CCCV for each spatial area in the region.

·   Record keeping.

·   Monitoring and Enforcement.

Role of Tangata Whenua

The Regulations require that regional and unitary councils must engage with tangata whenua on

·   Input into the information on catchment context, challenges and values provided by the Regional Council to farm operators and others who develop FWFPs.

·   Involvement in the development and delivery of any region-specific training.

Input into the information on catchment context, challenges and values provided by the Regional Council

When a farm operator is developing a FWFP he/she must have regard to any existing information available from the regional council on catchment context, challenges and values (CCCV). The Regulations define CCCV as meaning the following information (without limitation) in relation to a local area.

a)  Existing information on landforms, soil data, climate data, freshwater data, freshwater bodies, contaminants, sites that are significant to the community, and significant species or ecosystems:

b)  Identified cultural matters of importance to tangata whenua, including-

i.    the cultural significance of the local area; and

ii.   the traditional names of freshwater bodies in the local area; and

iii.  sites and species in the local area that are significant to tangata whenua:

c)   any objectives, policies, and rules relevant to the management of freshwater or freshwater ecosystems in policy statements or regional plans:

d)  any relevant freshwater matters in planning documents that are recognized by iwi authorities and lodged with the regional council:

e)  the national Policy Statement for Freshwater Management and any action plans made by the regional council:

f)   any secondary legislation made under the Act that is relevant to the management of freshwater or freshwater ecosystems (other than the secondary legislation made under Part 9A of the Act.

The NRC is required to only provide information on the above matters if the information is already available within the council. The more complete the information is the more effective the actions to achieve the desired freshwater outcomes will be. Work to pull together all existing information for the 13 FMUs must start soon so that information can be collated into accessible information for each FMU. In addition, it is proposed that a programme be developed to improve that information over a 5-year timeframe in time for the second generation of FWFP.

NRC holds limited information to inform the requirements of b) above. Rather than just acknowledging it doesn’t hold such information, staff recommend that advice is sought from TWAGG on how best to gather relevant information together, including what can be done now to inform the first iteration of CCCVs and what should be included into a longer-term programme. Staff are also seeking guidance on how best to identify the documents referred to in d) above.

Involvement in the development and delivery of any region-specific training.

The Regulations require the NRC to develop specific training on the catchment context, challenges and values of each FMU which both certifiers and auditors of FWFPs will be required to complete before being appointed. NRC must also decide whether it would require practical assessment of the on the ground experience of a certifier, and if so, develop how such an assessment would be done. For both the CCCV training and any practical assessment, the Regulations require NRC to engage with tangata whenua in the preparation and delivery. Guidance is sought from this meeting on how best to involve tangata whenua in the preparation and delivery of any training and practical assessment.

The recommended way forward, to get the guidance sought above, is for TTMAC to ask the tangata whenua water advisory group to consider both the input into the information in CCCVs and the training/practical assessment matters and provide options back to this Working Party in October 2023, or as soon as practicable after that date.

 

Attachment 1: Attachment 1: Freshwater Farm Plan System Diagram ⇩

Attachment 2: Attachment 2: Map of13 Freshwater Managment Units ⇩  

 

10 August 2023Attachment 1

 

This page is a placeholder for a single page of a PDF attachment. It will be replaced by the actual PDF page when the PDF version of this document is generated.

 

Report: Freshwater Farm Plan Regulations Implementation

Attachment: Attachment 1: Freshwater Farm Plan System Diagram

Page: 1

10 August 2023Attachment 2

 

This page is a placeholder for a single page of a PDF attachment. It will be replaced by the actual PDF page when the PDF version of this document is generated.

 

Report: Freshwater Farm Plan Regulations Implementation

Attachment: Attachment 2: Map of13 Freshwater Managment Units

Page: 1

10 August 2023

 

TITLE:	Tangata Whenua Water Advisory Group Update
From:	Alison Newell, Policy Specialist
Authorised by Group Manager/s:	Ruben Wylie, Pou Tiaki Taiao, on

 

The Co-Chairs of the Tangata Whenua Water Advisory Group (TWWAG) will provide a verbal update on the group’s progress since their last report to Te Taitokerau Maori and Council Working Party (TTMAC).

 

1.        That the report ‘Tangata Whenua Water Advisory Group Update’ by Alison Newell, Policy Specialist and dated 27 July 2023, be received.

Not applicable.

 

Nil

 

10 August 2023

 

TITLE:	Report on Ōtangaroa Marae Hui
From:	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

 

This paper provides a report on the regional marae based Te Taitokerau Māori and Council Working Party (TTMAC) workshop hosted by Kahukuraariki at Ōtangaroa Marae, in Kaeo and seeks TTMAC confirmation on the date (14 September or 9 November) for the next regional marae-based workshop being hosted by Te Rarawa.

 

1.        That the report ‘Report on Ōtangaroa Marae Hui’ by Auriole Ruka, Pou Manawhakahaere - GM Governance and Engagement and Kim Peita, Maori Relationships Manager and dated 1 August 2023, be received.

2.        That the date for the next regional marae-based hui being hosted by Te Rarawa at ___________ Marae is [14 September OR 9 November 2032].

TTMAC’s July regional hui was hosted by Kahukuraariki at Ōtangaroa Marae, Kāeo. Working party members in attendance were Geraldine Baker, Nyze Manuel, Bree Davis, Mira Norris, Rowan Tautari, Mahue Greaves, Sheila Taylor, Barb (Michelle) Elboz, George Riley, Pera Paniora, Ripeka Read, TTMAC Co-Chairs Pita Tipene and Cr Marty Robinson, NRC Chair, Tui Shortland and councillors Rick Stolwerk and Jack Craw. Senior council staff also attended to support presentations and respond to important issues/challenges that were raised at the workshop.

A beautiful pōwhiri and welcome was held for the manuhiri and was a demonstration of the manaakitanga of the mana whenua much appreciated by the councillors and iwi and hapū that attended.

Invited to attend were representatives from the Ministry for Primary Industries, to hear concerns of the haukāinga and provide updates on MPI’s response to the Caulerpa incursion.

Haukāinga raised concerns and sought solutions to a number of key issues to which the council responded including:

·    Increasing kaitiaki capacity and capability in their own area

·    Roading and the impact of the closure of the Mangamuka Road and re-routing of logging trucks on the local roads, impact of noise pollution and concerns that contractors are not being held accountable and are wasting rate-payers resources.

·    Impact of climate change, particularly how flooding might affect the existence of the marae in its current location and reliance on access to the marae for communities and locals.

·    Marae are neither residential nor commercial but are treated as a business and discussions of the special character and mana of the marae

·    Ecological impact of Caulerpa and the importance of the moana as a sustainable economy and food source for communities

·    The recognition of kaitiakitanga and the need for people to respect areas that are tapu, such as their maunga tūpuna, for health and safety (physical and spiritual).

The day reflected what is achievable through partnership and collaboration.  An acknowledgment that it makes a difference for both the council and iwi, hapū under the auspices of the marae and mana whenua.

 

Nil