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.
|
Recommendation
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.
Attachments
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
and
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
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.
FOR THE
MAYORAL FORUM
_____________________
(Chairperson, NRC) ________________________
_____________________
(Mayor, Far North) ________________________
_____________________
(Mayor, Whangārei) ________________________
_____________________
(Mayor, Kaipara) ________________________
FOR TE
KAHU O TAONUI
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
_____________________
(Chairperson) ________________________
