Te Kaunihera o Tai Tokerau ki te Raki
AGENDA
Ordinary Te Kuaka - Te Ao Māori Committee Meeting
Wednesday, 1 November 2023
Time: |
2:00 pm |
Location: |
Council Chambers Memorial Avenue Kaikohe |
Membership:
Chairperson Harry Burkhardt - Chairperson
Cr Hilda Halkyard-Harawira – Deputy Chairperson
Kahika - Mayor Moko Tepania
Kōwhai – Deputy Mayor Kelly Stratford
Cr Ann Court
Cr Felicity Foy
Cr Babe Kapa
Cr Penetaui Kleskovic
Cr Steve McNally
Cr Mate Radich
Cr Tāmati Rākena
Cr John Vujcich
Te Kahu o Taonui Representatives
Authorising Body |
Mayor/Council |
|
Status |
Standing Committee |
|
COUNCIL COMMITTEE
|
Title |
Te Kuaka – Te Ao Māori Committee Terms of Reference |
Approval Date |
29 June 2023 |
|
Responsible Officer |
Chief Executive |
Kaupapa / Purpose
The purpose of Te Kuaka Committee is to strengthen a Te Ao Māori perspective within Council decision-making across policies and strategies.
To perform his or her role effectively, each member must develop and maintain his or her skills and knowledge, including an understanding of the Committees’ responsibilities, and of the Council’s business, operations and risks.
Ngā Huānga / Membership
The Committee will comprise of Mayor and all Councillors as well as 12 iwi representatives nominated through Te Kahu o Taonui.
The Chairperson and Deputy Chairperson roles are to be appointed by the Committee.
Mayor Tepania |
Deputy Mayor Kelly Stratford |
John Vujcich |
Ann Court |
Babe Kapa |
Felicity Foy |
Hilda Halkyard-Harawira |
Mate Radich |
Penetaui Kleskovic |
Steve McNally |
Tāmati Rākena |
Kōrama / Quorum
The quorum at a meeting of the Committee is 7 members comprising of 5 FNDC representatives and 2 Te Kahu o Taonui members.
Ngā Hui / Frequency of Meetings
The Committee shall meet 4 weekly.
Ngā Apatono / Power to Delegate
The Committee may not delegate any of its responsibilities, duties or powers.
Ngā Herenga Paetae / Responsibilities
The Committees responsibilities are described below:
· Ensure that the work of Te Kuaka is carried out in a way that enhances the social, economic, cultural, and environmental wellbeing of the Far North District
· Mahi ngātahi mā te huihui, wānanga Recommend to Council, aspects of importance to Māori for incorporation into the development of the Strategic documents (e.g. Te Ao Māori Framework, Annual Plan, Long Term Plan, District Plan)
· Manaaki To assist Council as appropriate in conducting and maintaining effective, good faith working relationships with the Māori community (e.g. Iwi Hapu Environmental Management Plans)
· Recommend to Council aspects that the Far North District Council could pursue to develop and or enhance Māori capacity to contribute to Council’s decision-making processes.
Ngā Ture / Rules and Procedures
Council’s Standing Orders and Code of Conduct apply to all meetings.
Far North District Council
Ordinary Te Kuaka - Te Ao Māori Committee Meeting
will be held in the Council Chambers, Memorial Avenue, Kaikohe on:
Wednesday 1 November 2023 at 2:00 pm
Te Paeroa Mahi / Order of Business
1 Karakia Timatanga / Opening Prayer
2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest
3 Ngā Tono Kōrero / Deputation
4 Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
5 Ngā Pūrongo Taipitopito / Information Reports
5.1 Mana Whakahono a Rohe / Iwi Participation Arrangements
6 Karakia Whakamutunga / Closing Prayer
7 Te Kapinga Hui / Meeting Close
1 November 2023 |
1 Karakia Timatanga / Opening Prayer
2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest
Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Committee and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.
If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Manager - Democracy Services (preferably before the meeting).
It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.
3 Ngā Tono Kōrero / Deputation
No requests for deputations were received at the time of the Agenda going to print.
1 November 2023 |
4 Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
File Number: A4426648
Author: Imrie Dunn, Democracy Advisor
Authoriser: Casey Gannon, Manager - Democracy Services
Purpose of the Report
The minutes are attached to allow the Committee to confirm that the minutes are a true and correct record of previous meetings.
That Te Kuaka – Te Ao Māori Committee confirm the minutes of the meeting held virtually on 3 October 2023 are true and correct. |
1) Background
Local Government Act 2002 Schedule 7 Section 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.
2) Discussion and Options
The minutes of the meetings are attached.
Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.
Reason for the recommendation
The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meetings.
3) Financial Implications and Budgetary Provision
There are no financial implications or the need for budgetary provision as a result of this report.
1. 2023-10-03
Te Kuaka – Te Ao MÄ?ori Committee Minutes [A4414397] -
A4414397 ⇩
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 is a matter of low significance. |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
This report complies with the Local Government Act 2002 Schedule 7 Section 28. |
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. |
It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant. |
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. |
There are no implications for Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report. |
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 (for example, youth, the aged and those with disabilities). |
This report is asking for minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports. |
State the financial implications and where budgetary provisions have been made to support this decision. |
There are no financial implications or the need for budgetary provision arising from this report. |
Chief Financial Officer review. |
The Chief Financial Officer has not reviewed this report.
|
1 November 2023 |
5 Ngā Pūrongo Taipitopito / Information Reports
5.1 Mana Whakahono a Rohe / Iwi Participation Arrangements
File Number: A4426621
Author: Marlema Baker, Democracy Advisor
Authoriser: Jacine Warmington, Group Manager - Strategic Relationships
TAKE PŪRONGO / Purpose of the Report
The purpose of this report is to update and inform the Te Kuaka – Te Ao Māori Committee on the opportunities that Mana Whakahono-ā-Rohe (MWāR) / Iwi Participation Arrangements provide with Far North District Council (Council)
WHAKARĀPOPOTO MATUA / Executive SummarY
Mana Whakahono-ā-Rohe (MWāR) / Iwi Participation Arrangements, presents Council with an opportunity to improve working relationships with tāngata whenua and enhance Māori participation in resource management and decision-making processes. Engagement in the process is a statutory requirement for Council under the Resource Management Act 1991.
That the Te Kuaka – Te Ao Māori Committee receive the report Mana Whakahono-ā-Rohe / Iwi Participation Arrangement and seek to maintain Council’s position on the implementation of Mana Whakahono-ā-Rohe / Iwi Participation Arrangements.
|
tĀHUHU KŌRERO / Background
This report was drafted by Phil Grimshaw (Policy and Taiao Lead – Te Kahu o Taonui) with the support of Te Kahu o Taonui Iwi Chairs.
Previously engagement between Councils and Māori in Resource Management Act (RMA) planning and consenting has not been consistent across the country, and the effectiveness of existing relationships between Iwi and Councils has varied.
In some regions, Councils and Iwi have informal arrangements, memoranda of understanding, statutory joint management arrangements, Treaty of Waitangi settlement arrangements, or advisory boards to Council. In other regions, Māori have had limited opportunity to engage in resource management effectively. The lack of any statutory requirement for Councils to establish working relationships with Iwi can lead to disagreements, and delays later in the planning process.[1]
In relation to the above the RMA 1991 was amended in April 2017 by the then National Government to introduce a new process (Mana Whakahono-ā-Rohe/Iwi Participation Arrangements) for establishing iwi participation arrangements between tāngata whenua (through Iwi Authorities) and Councils.
The intent of the legislation is to:
· Improve working relationships between tāngata whenua and local authorities
· Enhance Māori participation in RMA resource management and decision-making processes.
MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps
Within the RMA 1991 the mandatory content of a Mana Whakahono-ā-Rohe (MWāR) to be discussed, agreed, and recorded includes the following:
i. how an iwi authority may participate in the preparation or change of a District Plan;
ii. how the participating authorities will undertake consultation requirements;
iii. how the participating authorities will work together to develop and agree on methods for monitoring under the RMA;
iv. how the participating authorities will give effect to the requirements of any relevant iwi participation legislation;
v. a process for identifying and managing conflicts of interest; and
vi. the process that the parties will use for resolving disputes about the implementation of the MWāR.
The promulgation of the Natural and Built Environment Act 2023 seeks to expand on the above criteria to consider the following:
i. technical input and funding to participate in planning and strategy processes; and
ii. climate change adaptation and natural hazards; and
iii. transfer of powers and joint management agreements; and
iv. support for iwi and hapū̄ management plans; and
v. access to commissioners training; and
vi. relationships with council-controlled organisations; and
vii. mutual capability-building (including capacity-building) in relation to cultural connections and mātauranga Māori; and
viii. heritage protection authority powers; and
ix. the application and implementation of the national planning framework; and
x. support the sharing of information; and
xi. the time frames for implementation; and
xii. the time frame and method applying to review the effectiveness of MWāR
xiii. If the participating authorities agree, they may discuss and agree on any other matters relevant to their functions, duties, and powers under this Act or any other Act.
MWāR, are just one of a range of tools and mechanims that can support Council in upholding their responsibilities under Te Tiriti o Waitangi / Treaty of Waitangi. Recently, Council has also considered a range of processes which include:
· Māori Representation
o Te Kuaka – Te Ao Māori Committee
o On Standing Committees
· Te Reo Māori and Tikanga Policy; and
· Te Pae o Uta - Te Ao Māori Framework.
Currently, there is considerable political discourse as to what might, or might not, eventuate post General Election on 14 October 2023. Irrespective of the outcome, the existing RMA 1991 still includes the ability to consider and develop MWāR and there is currently an opportunity to integrate existing Te Tiriti responses within Council to complement MWāR provisions.
Any attempt by a new government to replace current legislation will probably take some time and may create a window of opportunity to embed processes in both the old and new versions of RMA legislation.
Similarly, it is unclear as to what might occur in relation to the NPS – Freshwater Management and NES – Indigenous Biodiversity.
Timing is propitious to advance progress toward a MWāR. If there is a willingness from Council then there is a potential window of opportunity to develop co-governance initiatives before the possibility of a new government seeks to wind back Te Tiriti related matters.
PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision
Apart from the short to medium term financial implications to support the implementation of MWāR, budgetary considerations need to factor in changes to Council standard operating practices, and there is an expectation that Council will, in collaboration with Te Kahu o Taonui, review current budget lines in Annual and Long-Term Plans.
Nil