Supplementary Reports


Ordinary Council Meeting


Thursday, 13 December 2018


10:00 am


Council Chamber

Memorial Avenue





Mayor John Carter - Chairperson

Cr Tania McInnes

Cr Ann Court

Cr Felicity Foy

Cr Dave Hookway

Cr Colin (Toss) Kitchen

Cr Sally Macauley

Cr Mate Radich

Cr John Vujcich

Cr Kelly Stratford

Member Terry Greening - Bay of Islands-Whangaroa Community Board Chairperson

Member Mike Edmonds - Kaikohe-Hokianga Community Board Chairperson

Member Adele Gardner - Te Hiku Community Board Person



Ordinary Council Meeting Agenda

13 December 2018


Order Of Business

6          Strategic Planning and Policy Group. 4

6.9            Council - Iwi Governance Relationship. 4

10       Public Excluded. 19

10.3          Desludging of Kaitaia Wastewater Treatment Plant's Pond 1. 19

10.4          Paihia Waste Water Treatment Plant Ugrade. 19



Ordinary Council Meeting Agenda

13 December 2018


6            Strategic Planning and Policy Group

6.9         Council - Iwi Governance Relationship

File Number:           A2275271

Author:                    Phill Grimshaw, Strategic Advisor - Māori

Authoriser:             Darrell Sargent, General Manager - Strategic Planning and Policy


Purpose of the Report

To seek Councils endorsement to enter into a regional relationship agreement between the Mayoral Forum and Te Kahu O Taonui (Taitokerau Iwi Chairs Forum).

Executive Summary

·        Following an historic meeting between the Mayors of Northland’s three district councils and Chairman of the Northland Regional Council with the Iwi Chairs Forum, Te Kahu O Taonui, it was agreed that there was merit in building a mutually beneficial governance to governance relationship that spans the region. 

·        In order to progress this, council and iwi chief executives were asked to develop an Agreement document to underpin this relationship.  This paper seeks council endorsement of the resulting draft Agreement document.

·        The intention is that the draft Agreement will form the foundation from which to advance a collective regional relationship.  Should council agree to endorse the Agreement and progress a relationship, it is proposed that respective council and iwi leaders sign the Agreement document as part of the National Iwi Chairs Forum meeting, being hosted by Te Rūnanga o NgāiTakoto, preceding the Waitangi Day celebrations, in February 2019. 




That Council

a)      endorses the draft Agreement document between the Mayoral Forum and Te Kahu O Taonui.

b)      Delegates authority to the Mayor to sign the Agreement on behalf of Council.

c)      Notes that the Mayor and delegation attend the signing ceremony in February 2019



1) Background

There are nine iwi authorities in Taitokerau / Northland[1].  These nine iwi make up Te Kahu O Taonui, or the Taitokerau Iwi Chairs Forum.  The nine groups are listed in Table 1 below, with the corresponding district that their rohe/area of interest covers.  All of these groups fall, either wholly or partly, in the Northland region. 

Iwi Authority

Overlapping iwi rohe and district council boundaries

1.   Ngāti Kuri

Far North

2.   Te Aupouri

Far North

3.   NgāiTakoto

Far North

4.   Te Rarawa

Far North

5.   Ngāti Kahu

Far North

6.   Whaingāroa

Far North

7.   Ngāpuhi

Far North, Whangarei, Kaipara (Auckland)

8.   Ngātiwai

Far North, Whangarei, Kaipara (Auckland)

9.   Ngāti Whātua 

Far North, Whangarei, Kaipara (Auckland)


Councils currently have a mixture of individual relationships with iwi, Treaty settlement groups and hapū in their respective districts/region.  Most of these relationship mechanisms are not collective arrangements, have a narrow focus and are often based on specific legislative functions. 

There has also been, for many years, a relationship between the region’s iwi and council chief executives, who have been meeting under the banner of the Iwi and Local Government Agency Chief Executives Forum (ILGACE).  While ILGACE provides an operational level regional forum, it is not supported by an equivalent overarching governance to governance level forum.  

On Tuesday 13 June 2017, an historic first introductory meeting between the Mayors of Northland’s three district councils and Chairman of the Northland Regional Council and the Iwi Chairs Forum, Te Kahu O Taonui, took place in Kaikohe, hosted be Te Rūnanga Ā-Iwi-O Ngāpuhi.

The meeting, sought by council and iwi leadership, provided an opportunity for introductions and an initial discussion to see if there was a common desire to meet more regularly with the view to building a strategic governance relationship.  

Both council and iwi leaders confirmed at this meeting their shared desire to build a stronger relationship.  From here, ILGACE were asked to develop a document which would act as a framework around which a governance relationship could be built.


2) Discussion and Options

Considerable progress has been made by ILGACE to discuss and agree a common understanding of the purpose and basis upon which a governance relationship between iwi and local authorities can be progressed.  The final draft Agreement document, which has been agreed to unanimously by ILGACE, is attached (Attachment 1) for council’s consideration and endorsement.

The development process for this Agreement has highlighted that the foundation of the Agreement, both the common understanding and words used to describe the relationship, is particularly important to ensure the successful establishment and creation of a robust and enduring relationship.

There is significant opportunity for both council and iwi through a strengthened governance relationship.  Aside from council’s statutory obligation, there are significant economic, social, environmental and cultural benefits that could be advanced by working more closely together for the mutual benefit of Northland.  Such a collective voice would provide a powerful strategic regional voice at a national level to advance regional growth and wellbeing aspirations.

The Agreement sets out, at a high level, the framework around which the relationship would initially be progressed.  Broadly, it provides the context to establishing the relationship, sets out a shared purpose and vision, principles, membership, common goals / shared benefits sought and administrative details. 

The Agreement does not cut across any existing relationships and agreements held between council and individual iwi and hapū which would remain in place (e.g. memorandums of understanding or future Mana Whakahono-ā-Rohe arrangements).  Rather, this Agreement would look to grow and progress district and regional issues and initiatives, while at the same time strengthen any current activities.

Next steps

Given the significance of this relationship to both council and iwi, should the Agreement be endorsed by council, it is proposed that the Agreement be signed by council and iwi leaders as part of the National Iwi Chairs Forum meeting, being hosted by Te Rūnanga o NgāiTakoto, preceding the Waitangi Day celebrations, in February 2019. 

This matter is now before council for consideration. If council endorses this, staff will work to finalise the necessary arrangements.

Reason for the recommendation

A draft relationship agreement has been developed in conjunction with Iwi Chief Executives on behalf of Te Kahu O Taonui and there is now an opportunity to enter into a high level relationship.

3) Financial Implications and Budgetary Provision

There is no immediate financial implications.


1.       Draft Council Iwi Governance Agreement - November 2018 - A2275622  


Compliance schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1.       A Local authority must, in the course of the decision-making process,

a)      Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b)      Assess the options in terms of their advantages and disadvantages; and

c)      If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2.       This section is subject to Section 79 - Compliance with procedures in relation to decisions.


Compliance requirement

Staff assessment

State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy

This issue is considered to be of low significance.  This assessment is based on the recommendation in this report not meeting the threshold for the following criteria:

·    Financial impacts

·    Level of public interest

·    Effect on the district or ward

·    Effect on individuals of communities

·    Levels of Service.

State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.

The development of a relationship via this agreement is relevant to Council’s community outcomes and is a specific strategic priority when considering working with partnership with Māori as identified within the 2018-2028 LTP.

State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.

The Community Board’s views have not been sought.

State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.

The ability to provide engagement opportunities in conjunction with a formalised relationship agreement will enable both parties to work more collaboratively to achieve mutually beneficial outcomes.  This will allow iwi to be in a better position to safeguard their culture, traditions and taonga.

Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.

There are no particular issues for the disabled community, children and older persons.

State the financial implications and where budgetary provisions have been made to support this decision.

Budgetary provision has not been provided for, however there are no immediate financial implications to this relationship agreement.

Chief Financial Officer review.

The Chief Financial Officer has reviewed this report



Ordinary Council Meeting Agenda

13 December 2018




The Agreement


between the


Northland Mayoral Forum


Te Kahu O Taonui







Table of contents


Context of this Agreement -  Kupu whakataki

The Agreement

1.         Purpose - Whainga

2.         Vision - Te Moemoea

3.         Leadership - Rangatiratanga

4.         Principles for the Relationship

5.         Common Goals - Nga Whainga Orite

6.         Monitoring and evaluation - Aroturuki me te Arotake

7.         Dispute resolution - Hakatatu Tawha

8.         Amendment and termination - Hakarereketanga me te Hakamutunga




Context of this agreement - Kupu whakataki

The Treaty of Waitrangi / Te Tiriti o Waitangi is the founding document of this country and the beginning of a building of a new nationhood.  It was signed in 1840 at Waitangi and sets the parameters for progressing the future of the relationship.  

For Te Kahu o Taonui (Taitokerau Iwi Chairs Forum), The Treaty of Waitangi / Te Tiriti o Waitangi, together with He Whakaputanga o Te Rangatiratanga o Nu Tireni (Declaration of Independence), provides the agreement to allow the beginning of a new nation, and the basis of Maori relationship with all New Zealanders as represented by government, including local government.

In November 2014, the Waitangi Tribunal found that Northland Māori who were signatories to Te Tiriti o Waitangi did not cede sovereignty[2] and this position has been held by successive northern Māori leaders.  The Tribunal has also recognised the intention to establish a mutually beneficial relationship between Māori and the Crown, based on principles of The Treaty of Waitangi / Te Tiriti o Waitangi.  

An historic first meeting was held between Te Kahu o Taonui and the Mayors of the three Northland district councils and the Chairman of Northland Regional Council (Northland Mayoral Forum) on Tuesday 13 June 2017 (the parties).

The meeting was sought by council leadership and Iwi leadership to foster a more cohesive and inclusive governance to governance relationship between Local Government and Iwi Authorities of Taitokerau.

This agreement encourages and supports a long-term relationship between the Northland Mayoral Forum and Te Kahu O Taonui in a manner that respects the indigenous heritage of the region. 

The parties, while each bring their own perspective to the table, share common goals and aspirations for the environmental, social, cultural and economic wellbeing of the region.

The parties acknowledge that a relationship informed by the role of the region as the birthplace of our nationhood, could also be the blueprint for building a region that enables all communities to prosper and do well.

1.            The Agreement


1. Purpose - Whāingā


The purpose of this relationship is to work together and invest in an intergenerational relationship that is based on mutual respect, is enduring and provides continuity through a shared vision, purpose and goals for mutually beneficial outcomes.


2. Vision - Te Moemoea


This relationship seeks to progress the following shared vision:

Te Taitokerau – the birth place of the nation, a region that leads the way in caring for the wellbeing of its people and its environment.


3. Principles


Three principles are inherent to The Treaty of Waitangi / Te Tiriti o Waitangi; and the intent of these is preserved and advanced in this Agreement.


Partnership is about mutual good faith and reasonableness.  Local Government and Iwi Māori will act towards each other mutually and in good faith. 

Participation and Decision Making

Both Local Government and Iwi Māori need to be equally and fully informed of each other’s interests and views.  When exercising the right to govern, decision makers must be equally informed.   For the parties involved, full information will be provided in order to participate in the decision-making process.  This is connected closely to the principles of good faith and active protection. 

Active Protection

Active protection requires participating and informal decision making processes and judgement as to what is reasonable in the circumstances.  This relates to Māori interests as part of the promises made in The Treaty of Waitangi / Te Tiriti o Waitangi, where there is a commitment that all Māori culture, traditions, and taonga will be protected.

In practice these principles mean:

a)         The parties, in pursuit of common goals and objectives both agree to work together to uphold the wellbeing of our communities so that none get left behind and all have an equal opportunity to contribute.


b)        The parties will work in a manner that recognises and respects the:

·    mana, authority and kaitiakitanga status of Iwi and the mana and authority of Councils who are parties to this agreement

·    the desire of the parties to enhance the cultural, social, economic, and environmental wellbeing of all people

·    shared desire to provide for effective participation by Iwi to provide for empowered and more effective Council governance and to provide for strong communities in Northland

·    shared obligation to sustainably manage the Northland environment for current and future generations.


c)         The parties will show the highest levels of integrity, transparency and flexibility towards each other.


d)        They will ensure there are no surprises but a proactive intent to engage early, constructively and positively on matters of shared priority and interest.




4. Leadership - Rangatiratanga


a.       Te Kahu O Taonui - Tai Tokerau Iwi Chairs Forum

The Taitokerau Iwi Chairs’ Forum, Te Kahu O Taonui comprises all Chairs from nine iwi authorities which are:

·    Ngāti Kuri

·    Te Aupouri

·    Ngāi Takoto

·    Te Rarawa

·    Ngāti Kahu

·    Ngāpuhi

·    Whaingāroa

·    Ngāti Whatua

·    Ngāti Wai


The Chairs are supported by their respective Chief Executives.


b.      Mayoral Forum - Kahui Koromatua

The Northland Mayoral Forum comprises the District Council Mayors and Regional Council Chairman for:

·    Far North District

·    Kaipara District

·    Whangārei District

·    Northland Region


The Councils are supported by their respective Chief Executives.



5. Common Goals - Ngā Whaingā Orite


Shared benefits sought through this relationship include:

a)         Achieving an enabling and consistent regional policy and regulatory environment across the region

b)        A relationship model that gives effect to the three principles.

c)         Better communications and collaboration between the parties to understand each other’s perspective and develop more shared understandings

d)        Identifying and engaging in joint ventures of mutual benefit

e)        Joint advocacy to central government on shared regional priorities e.g. provision of digital infrastructure

f)         Equitable resourcing and meaningful engagement that facilitates increased involvement of both parties, together, increasing buy-in and minimising potential conflict and costly formal challenges later in the process.

6. Monitoring and evaluation - Aroturuki me te Arotake


6.1       Governance Meetings

The governance representatives of the parties will meet twice per year (generally to be held during the months of May and November) to maintain the relationship, progress projects of mutual benefit and review this agreement.  Responsibility for hosting, chairing and administering these meetings will alternate between Te Kahu o Taonui and Northland Mayoral Forum. 

6.2       Executive Management Meetings

The Iwi Local Government Agencies Chief Executives (ILGACE) will meet quarterly or half yearly to ensure ongoing working relationships are meaningful and consistent throughout respective organisations.  ILGACE members and their working relationships will be guided by the ILGACE Terms of Reference.



7. Dispute resolution - Hakatatu Tawhã


The parties will endeavour to address any issues at the immediate time such issues arise.  The meeting times set out above also provide strategic opportunities to address any ongoing relationship issues.

Where possible, issues will be dealt with kanohi ki te kanohi between staff representatives before involving governance bodies.

Where an issue cannot be resolved between the parties, that issue may be referred to an agreed third party to facilitate a resolution.


8. Amendment and termination - Hakarerekētanga me te Hakamutunga


This agreement shall become effective upon signature by all parties and shall remain in effect until such a time as agreed by the parties.

This agreement may be amended at any time by written agreement of the parties.

Either party may terminate this agreement but only after consultation with the other party.

Unless otherwise agreed in writing, any termination of this agreement shall not affect the validity or duration of activities undertaken pursuant to this agreement that have been initiated prior to, but not completed, at the time of such termination.


This statement of agreement demonstrates the willingness of parties to, in the best of mutual faith, pursue reconciliation and work for a better future for the wellbeing of all people. 



IN WITNESS WHEREOF, the undersigned have signed this agreement.

DONE this ---------------- day of 2018.




_____________________­­­­­­­­­­­­­­­­­­­­ (Chairperson, NRC)     ________________________


_____________________ (Mayor, Far North)      ________________________


_____________________ (Mayor, Whangārei)   ________________________


_____________________ (Mayor, Kaipara)          ________________________




_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________


_____________________ (Chairperson)    ________________________





Ordinary Council Meeting Agenda

13 December 2018


10          Public Excluded



That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

10.3 - Desludging of Kaitaia Wastewater Treatment Plant's Pond 1

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

10.4 - Paihia Waste Water Treatment Plant Ugrade

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7




[1] As mandated under the Maori Fisheries Act 2004

[2] Wai 1040: Te Paparahi o te Taki – Stage One.