Agenda of Ordinary Te Kuaka - Te Ao Māori Committee Meeting

	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:

Tuesday 28 November 2023 at 12:30 pm

Te Paeroa Mahi / Order of Business

1 Karakia Timatanga / Opening Prayer. 7

2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest 7

3 Ngā Tono Kōrero / Deputation. 7

4 Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes. 8

4.1 Confirmation of Previous Minutes. 8

5 Ngā Pūrongo / Reports. 13

5.1 Climate Action Policy. 13

6 Ngā Pūrongo Taipitopito / Information Reports. 51

6.1 Establishment of a Far North District Council Naming Panel 51

6.2 Ratings Relief Policy Amendments. 59

6.3 Review of Memorandum of Understanding (MoU) between Council, and Iwi and Hapū. 63

6.4 Te Kahu o Taonui - Taiao Portal Update. 67

6.5 Nga Take Maori / Matters of Importance to Maori 72

7 Karakia Whakamutunga / Closing Prayer. 78

8 Te Kapinga Hui / Meeting Close. 78

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

4 Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

File Number: A4459379

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.

Recommendation

That Te Kuaka – Te Ao Māori Committee confirm the minutes of the Extraordinary meeting held virtually on 7 November 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.

Attachments

1. 2023-11-07 Te Kuaka - Te Ao Māori Committee Minutes [A4460518] - A4460518 ⇩

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.

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

5 Ngā Pūrongo / Reports

5.1 Climate Action Policy

File Number: A4480102

Author: Esther Powell, Manager - Climate Action and Community Development

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To provide Te Kuaka – Te Ao Māori Committee (Committee) with a brief on the proposed Climate Action Policy and to seek endorsement from the Committee.

WhakarĀpopoto matua / Executive Summary

· Recent extreme weather events in 2023 emphasize the need for urgent action to address climate change risks.

· The report provides the Committee with a brief on the proposed Climate Action Policy, its key objectives, policies, and deliverables.

· The purpose and scope of this policy is to direct council staff on how to undertake climate risk mitigation, identify opportunities relating to climate, support adaptation to the effects of climate change and to meet Council’s statutory obligations.

· The policy aligns with Council’s strategic goals and legal obligations.

· There are three key functions of the policy in supporting mitigation and adaptation:

o Reduce greenhouse emissions,

o Adapt to changing climatic conditions, and

o Promote a sustainable future for generations to come.

· The policy establishes a climate action reference group responsible for policy delivery, operational plans, risk scenarios, and monitoring.

· The policy sets a framework to partner with tangata whenua, to support climate action by Māori, for Māori.

· The policy applies to elected members, staff, and contracted organisations working with the Council.

· It aligns with national and regional strategies, emphasizes climate adaptation, considers climate in council decisions, and acknowledges financial implications.

· The policy includes provisions for periodic review, ongoing collaboration, and monitoring and evaluation.

· The policy is likely to generate a significant level of public interest and is of specific interest to Māori.

tŪtohunga / Recommendation

That the Te Kuaka Te Ao Māori Committee endorse the Climate Action Policy.

1) TĀhuhu kŌrero / Background

The disastrous weather events in 2023 have brought the risks associated with a changing climate firmly to the forefront of our minds. The Auckland Anniversary Day floods and Cyclone Gabrielle have highlighted that we need to continue to take urgent action to build the resilience of council and its communities to avert future disaster.

In 2017, Council signed the Local Government Leaders Declaration to “Develop and implement ambitious actions plans” for climate change mitigation and adaptation. Council has been moving forward developing its climate response based on scientific evidence, academic literature, and best practice. In April 2020, the FNDC Climate Change Roadmap (the Roadmap) was adopted by Council. The Roadmap sets out the goals, principles and actions in four key responses to climate change. These are:

1. Council reduces its carbon emissions,

2. Provides education and guidance to support the community to achieve zero carbon by 2050,

3. Manages councils’ services, resources, and assets to future-proof them from the risks of climate change, and

4. Supports Far North communities to prepare for and adapt to the impacts of climate change.

Council’s four responses to climate change are embedded in the FNDC Long Term Plan 2021-31 and Far North 2100.

This is a new policy that will guide council staff on how to implement climate mitigation and adaptation within the business in accordance with the Roadmap.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Legislative and Policy Context

The Climate Change Response (Zero Carbon) Amendment Act 2019 provides for a national adaptation plan (delivered by central government in 2022) and sets a national net greenhouse gas (GHG) emissions target of zero by 2050. Council has a statutory responsibility to avoid or mitigate natural hazards and to have regard to the effects of climate change when making decisions under the Resource Management Act 1991. Council is also responsible for civil defence and emergency management, as well as improving community resilience through public education and local adaptation planning. Council is a member of the Joint Climate Change Adaptation Committee and has endorsed the Te Tai Tokerau Climate Adaptation Strategy.

Policy Content

The Climate Action Policy provides methods for giving guidance and support to staff for implementing council and community adaptation and mitigation measures. It does so by outlining principles and policies to assist in reducing greenhouse gas emissions, adapting to changing climatic conditions, and achieving a sustainable future for future generations. It operates on a set of principles emphasizing collaboration, Indigenous knowledge, and environmental stewardship. The policy sets a framework to partner with tangata whenua, to support climate action by Māori, for Māori.

The policy establishes an internal climate action reference group responsible for the delivery of a policy implementation programme and guidance, an operational emissions reduction plan, climate change risks and opportunities scenarios and a monitoring and evaluation plan.

The policy applies to the activities of elected members, staff and the organisations and people who are contracted to work for the Council.

The policy will assist council to align its climate efforts with national plans and follows climate-related financial recommendations, aimed at reducing both council’s own greenhouse gas emissions and those of the community. It also places a strong focus on climate adaptation, including future-proofing resources and assets, educating communities, and supporting resilience-building initiatives.

The policy directs consideration of climate change in all key council decisions, categorises risks, and explores opportunities. It emphasizes the integration of climate considerations into various planning aspects. The policy recognises the financial implications of climate change, monitors funding opportunities, and provides for modelling long-term costs and savings. The policy also includes provisions for periodic review and collaboration to ensure national and regional consistency, with ongoing monitoring and evaluation to track progress.

Establishment of a Reference Group

The policy establishes a climate action reference group whose purpose is to implement the policy within the business. Membership will be a cross section of council staff who will implement the policy and act as climate change champions within their departments. The reference group will deliver a policy implementation programme and guide incorporating a decision-making framework and an operational emissions reduction plan. Further the reference group will develop climate change risk and opportunity scenarios and a monitoring and evaluation plan to report on the progress made to implement the policy.

Options

Option 1 the Committee endorse the climate policy. The policy is embedded in council businesses and across work programmes.

Option 2 the Committee does not endorse the policy.

Staff recommend that Te Kuaka – Te Ao Māori Committee endorse this policy as its implementation will assist Council to meet its strategic goals and legislative requirements relating to climate change.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

The Climate Action Policy will assist the council to embed strategies and tactics for mitigating and adapting to climate change risks into its regular operations and towards meeting statutory requirements. While the policy was drafted with internal consultation across the business, it is acknowledged that no external consultation (including tangata whenua) has been undertaken. Climate change is a matter of significance in that the policy is likely to generate a high level of public interest. Climate change mitigation and adaptation is of specific interest to Māori in that iwi/hapu/whanau are disproportionately impacted by the effects of climate change. It is for these reasons that it is recommended that the policy be endorsed by the Committee.

Next Steps

In January/February 2024 the Climate Action and Resilience Department will socialise the policy to teams across the organisation engaging using scenario planning and serious games. Champions will be identified across the organisation and a Climate Action Reference Group established. The key tasks of the reference group will be to develop a policy implementation programme, guidance on how to implement the policy, a decision-making framework, and a monitoring, effectiveness and reporting framework.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

There is no additional cost to Council in adopting the policy. Where professional services may be required, there is an existing budget for these services within the budget approved in the Long-Term Plan 2021-31 and 2023-24 Annual Plan for the Climate Action and Resilience Department. There may be costs to departments in embedding the policy for example relocation of assets that are at risk from the effects of climate change. Specific actions and associated costs are not considered in this paper as the actions and costs are unknown until an implementation plan and operational emissions reduction plan is developed by the climate action reference group.

Āpitihanga / Attachments

1. FNDC Draft Climate Action Policy V5 - 30 October 2023 - A4468845 ⇩

2. Climate Change Roadmap April 2020 - A4468844 ⇩

Hōtaka Take Ōkawa / 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

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

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / 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	The policy is considered to have medium significance and therefore requires public engagement due to the high level of public interest and specific interest to Māori.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Climate Change Response (Zero Carbon) Amendment Act 2019, Resource Management Act 1991, Local Government Act 2002, National Adaptation Plan, Far North 2100, Te Tai Tokerau Climate Adaptation Strategy.
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.	This policy has district wide relevance and has been widely socialised through the adoption of Far North 2100 and the Far North Long Term Plan 2021-31.
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. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	This policy will assist Council to implement its strategic goals and meet legislative requirements. The policy specifically states that Council will develop its climate change response in partnership with Māori and that Council will encourage, align with and provide resources that support iwi and happy led climate change responses to empower Māori to build resilience for Māori by Māori. The policy provides the basis to start these conversations and the framework to develop actions and enter into partnerships with Māori.
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).	The policy has been under development over some time. During this time extensive engagement with internal parties has been undertaken. It is recommended that the policy is publicly notified due to the level of public interest and specific interest to Māori.
State the financial implications and where budgetary provisions have been made to support this decision.	Professional Services fees may be required and are approved in the 2023-24 budget for the department and funding has been requested in the draft Long Term Plan.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

6 Ngā Pūrongo Taipitopito / Information Reports

6.1 Establishment of a Far North District Council Naming Panel

File Number: A4428046

Author: Llani Harding, Pouhautu Te Hono - Manager - Te Hono

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To recommend the approval of the formation of a Council Naming Panel as an advisory panel to Council.

WHAKARĀPOPOTO MATUA / Executive SummarY

Council is responsible for naming public infrastructure such as roads, parks and reserves, and council-owned community facilities. Previous policies about naming roads and reserves included some requirements for consultation with Māori, but in practice, this had not always worked as well as it should.

Council developed a new Naming policy and an improved, consistent procedure for approving names. The development of the Naming policy was approved by Council in November 2021 and adopted on 22 September 2022.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Establishment of a Far North District Council Naming Panel.

tĀHUHU KŌRERO / Background

The Council wants to improve the process of consultation with mana whenua on names and promote and support the use of te reo Māori.

The Naming policy does not change the rules about who is responsible for determining appropriate names for roads, open spaces, and council facilities. It aims to improve the process and enable Council to partner more effectively with mana whenua on choosing appropriate names.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The intention is to set up a Naming Panel which will support the selection of te reo Māori names.

The Naming panel will be reflective of Tangata Whenua across the three wards and Te Hono staff will lead the process of confirming the membership of the panel.

· The panel will meet 6-weekly.

· The panel will be resourced appropriately.

· The panel will provide recommendations to Community Boards for approval.

· The panel will work closely with NTA and Te Hono to provide effective, timely advice on Naming opportunities.

· The panel will consider any applications for naming and/or renaming of Far North District Council assets.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

Appropriate budget is available for the resourcing of the 6 weekly meetings and attendance.

There are no other budgetary requirements outside of the panel for Te Kuaka to consider as individual Council departments that require broader renaming as part of a project or to address an issue, will need to consider the impacts on their budgets.

Āpitihanga / Attachments

1. Naming Policy-2022 - A4484074 ⇩

2. Procedures for applying the Naming Policy - A4484081 ⇩

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

6.2 Ratings Relief Policy Amendments

File Number: A4462055

Author: Jude Campbell, Principal Advisor

Authoriser: Llani Harding, Pouhautu Te Hono - Manager - Te Hono

TAKE PŪRONGO / Purpose of the Report

To discuss the amendments of the rating relief policy ML21/02 Policy – Māori Freehold Land used for the purposes of Papakāinga or other housing purposes subject to occupation licenses or other informal arrangements.

WHAKARĀPOPOTO MATUA / Executive SummarY

The ML21/02 policy was developed to integrate the amendments of the Local Government (Rating on whenua Māori) Amendment Act 2002 and to address issues in relation to the application of rates payable for occupancy on papakāinga.

The purpose of these provisions of the Act regarding whenua Māori is to acknowledge the unique status and ownership structure of Māori Freehold Land and to provide special considerations in the assessment of rates on whenua Māori. However, the existing policy has given rise to challenges for whānau living on papakāinga and the application of their rates.

To address current challenges, the policy must be revoked and aligned to the intent of the legislation, in which the interpretation and application of the policy must include Ahu Whenua Trusts, Whānau Trusts and Whenua Tōpū Trusts. Furthermore, additional amendments to the conditions of the policy need to be addressed, such as the term ‘no rentals payable’, as many whānau and whenua Māori Trusts have a requirement to pay rent under the term of agreement applied in their Kāinga Ora Whenua Agreement (Land and Tenure Security Interest).

The policy statement, objectives and conditions must be prepared to address current and future issues.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Ratings Relief Policy Amendments.

tĀHUHU KŌRERO / Background

Te Ture Whenua Māori Act is legislation that pertains to whenua Māori and its governance. The Act provides a legal framework for the governance, use, and development of whenua Māori, which include papakāinga arrangements. The Act enables Māori landowners and their governance structures, such as trustees or incorporations, to manage and make decisions regarding the use and development of whenua Māori including papakāinga. The specific terms of reference and guidelines for papakāinga development would typically be outlined in agreements, policies, or regulations established by landowners or governing entities in accordance with Te Ture Whenua Act.

The purpose of the Local Government (Rating) Act 2002 facilitates the administration of rates in a manner that supports the principles set out in the preamble to Te Ture Whenua Māori Act 1993.

The Far North District Council have several policies in relation to whenua Māori to support Te Ture Whenua Māori Act 1993 and Local Government (Rating) Act 2002. Please see the list below:

· Unoccupied Māori Freehold Land – ML21/01

· Remission of Rates for Papakāinga and Other Housing on Māori Freehold Land - Part Occupied Land – ML21/02

· Enabling Housing Development of Māori Freehold Land – R23/15

· Treaty Settlement Land – R21/14

· Common use policy – R21/06

In the future, all Far North District Council whenua Māori policies will be reviewed with Te Pae o Uta Framework. However, in the interim, the Remission of Rates for Papakāinga and other Housing on Māori Freehold land - Part Occupied Land – ML21/02 needs to be reviewed immediately.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

To discuss the review and recommended amendments to the policy to be tabled at Council.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

Nil

Āpitihanga / Attachments

1. Rating Relief Proposed Changes ML2102 - A4475267 ⇩

2. Rating-Relief-Policies-2021-31 - A4475266 ⇩

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

6.3 Review of Memorandum of Understanding (MoU) between Council, and Iwi and Hapū

File Number: A4476213

Author: Llani Harding, Pouhautu Te Hono - Manager - Te Hono

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To discuss a formal review of the current Memorandum of Understanding (MoU) between Council and Hapū, Iwi and Tangata Whenua partners in our hapori of the Far North district.

WHAKARĀPOPOTO MATUA / Executive SummarY

Te Pae o Uta framework provides an opportunity to formally review our present MoU agreements with Hapū and Iwi while providing the opportunity for engagement with other Hapū and Iwi (Tangata Whenua partners) who have not had a formal agreement with the Far North District Council (FNDC) in the past.

There are several types of agreements that the FNDC can consider when discussing the review of the current MoU. Memorandum of Understanding, Memorandum of Partnership (MoP) and Charter of Understanding (CoU) are types of relationship agreements that are all used to provide a platform for a relationship between local government and Tāngata Whenua partners (Marae/Hapū/Iwi). Each agreement type is tailored to suit the unique dynamics and objectives of their respective partnerships.

The main distinction between MoUs, MoPs and CoUs lies in their purpose and level of specificity. MoUs and CoUs are typically broader, non-binding agreements that outline cooperation or collaboration, offering flexibility and adaptability. MoPs are more focused, detailing specific procedures and participation guidelines. It is important to note that for an agreement to be legally binding, it requires certain elements, such as an offer, acceptance, consideration, and an intention to create legal relations and meet the legal jurisdiction in which it is formed.

The Council’s MoUs are currently up for review, and all the existing agreements are now outdated. If these agreements remain unchanged, each of the five agreements will need to undergo an individual review and need to be signed by the CEO Guy Holroyd.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee;

a) receive this report and

b) endorse the approach of developing a Charter of Understanding outlining Councils broader approach to partnership, with specific Memorandum of Partnerships (MoPs) attached and tailored to Iwi and Hapū partners.

tĀHUHU KŌRERO / Background

There are several councils in Aotearoa that use all three different relationship types - MoU, MoP and CoU. Examples of these relationships can be found in the LGNZ Council – Māori participation agreement, please see examples below:

1. Wellington City Council has an MoU with two mandated Iwi post-settlement governance entities Te Rūnanga o Toa Rangatira and Port Nicholson Block Settlement Trust. The new draft MoU includes capacity funding agreements.

2. The Auckland Council has a Mana Whenua relationship agreement template for the purposes of entering into relationship agreements with Mana Whenua.

3. Kāpiti Coast has an MoP in place with each three Iwi. The partnership is managed by the Council partnership committee.

4. A Charter of Understanding (CoU) was established between seven Councils (Environment Southland, Invercargill District Council, Gore District Council, Southland District Council, Queenstown Lakes, Clutha District Council and Otago Regional Council) and Ngāi Tahu ki Murihiku. Te Ao Marama Inc. represents the four Murihiku Rūnanga and is the point of contact for all resource consent applications.

It is important to note that while various Councils have distinct relationship agreements, we lack awareness of the effectiveness of each relationship agreement.

A memorandum of understanding (MoU) is a non-binding preliminary stage of an agreement between two or more parties that outline the terms and details of a specific partnership or collaboration. In addition, an MoU serves as a formal way to establish mutual goals, responsibilities, and expectations between Hapū and Iwi, without creating a legally binding document.

The Far North District Council acknowledge and respect the interests of Hapū and Iwi and uphold those obligations to Hapū and Iwi under Te Tiriti o Waitangi and sections of the Local Government Act 2002.

The Far North District Council uses MoU with Hapū, Iwi and Tāngata whenua partners in the following ways:

· To build and formalise relationships between Hapū, Iwi, Rūnanga and Iwi Chairs forum

· To outline cultural partnerships which acknowledge the significance of Te Ao Māori, He Whakaputanga 1835 and Te Tiriti (which can outline commitments to the principles of partnership, participation and protection under Te Tiriti)

· To facilitate collaboration and cooperation on various initiatives such as resource management of cultural and natural resources, economic development and social programmes including land use and conservation

· Cultural preservation of tikanga, kawa and customary practice in their area

· Collective representation to advocate the interests of their Whānau, Hapū and Iwi to protect their cultural and economic rights

Local Government Act 2002

Under section 4, Local Government Act 2002, Council must take appropriate account of the principles of Te Tiriti to maintain and improve opportunities for Māori to contribute to local government decision-making processes. Part 2, and 6 of the Act outlines the Council principles and requirements for local authorities, aiming to foster Māori participation.

Far North District Council

The Far North District Council has recently implemented its ‘Te Pae o Uta Framework’ which acknowledges the Council’s vision of ‘He Whenua Rangatira’, the mission of ‘He Ara Tāmata’ and values of Manawatōpū. Kaitiakitanga, Mana Tāngata, Te Tiriti, Tū tāngata and Whanaungatanga. The framework also provides specific whāinga to increase key relationships between the following groups:

· Mana whenua partners (Tāngata whenua)

· Hapū working groups

· Iwi entities

· Whānau groups

· Te Kahu o Taonui

· ILGACE

· Te Oneroa ā Tohe Beach Board

· Te Kuaka

In addition, the overall framework has several distinguishing elements:

· It recognises He Whakaputanga o te Rangatiratanga o Nu Tireni (Declaration of Independence) and Te Tiriti o Waitangi (Treaty of Waitangi) as the founding covenants of Te Tai Tokerau and Aotearoa respectively

· It acknowledges the importance of relationships both tangible and intangible e.g., ngā atua, whenua, mauri o te wai, taiao (oranga taiao, oranga tāngata)

· It focuses on the pursuit of excellence in the Te Ao Māori space

· It values Te Ao Māori and requires Far North District Council (FNDC) staff to understand key Māori concepts and practices

· It acknowledges kōrero tuku iho at FNDC by recognising Iwi and Hapū kōrero

Current MoU Agreements

The Far North District Council has entered into the following individual MoU agreements:

· Te Rūnanga o Ngāti Hine signed 13 May 2016

· Te Rūnanga o Te Rarawa signed 18 February 2015

· Te Rūnanga o Whaingaroa

· Te Whiu Hapū signed 4 February 2017

· Whanaungatanga ki Taurangi signed 31 January 2019

All the above MoUs are currently outdated.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

It is an opportune time to conduct a review of existing but outdated MoU now that Te Pae o Uta framework has been confirmed.

The reasons for the recommendation are as follows:

• Enable greater recognition of our enduring relationship with Tangata Whenua of Te Tai Tokerau

• Align to the Long-Term Plan and Te Pae o Uta in enabling a Partnership approach alongside Iwi and Hapu

• Enable a cohesive approach to understanding and recognising enduring relationships with Iwi as opposed to an ad-hoc approach to forming relationships

• Enable better administration and collaborative approaches to monitoring work programmes and functions between partners

• Support consistency across council in how agreements are developed and implemented

• Utilise Iwi and Hapu time and experience efficiently by enabling standard communication protocols and an opportunity to hui kanohi ki te kanohi regularly.

The proposed next steps are:

1. Roadshow with Iwi and hapū organisations to establish Relationships and discuss a mutual way forward in developing the Relationship.

2. Develop a Charter that commits FNDC to honour an enduring relationship between Council and Iwi, Hapū, and Māori communities (including marae and whānau).

3. Develop MoU tailored and specific to each Iwi, hapu and whanau that wish to enter into a working relationship with Council (specific work programmes applicable).

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

A budget to accommodate the financial implications has been submitted for consideration in Council’s long-term plan. The budget would cover both Charter development discussions (Whanaungatanga funding) and MoU discussions (Kaupapa funding).

Āpitihanga / Attachments

Nil

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

6.4 Te Kahu o Taonui - Taiao Portal Update

File Number: A4480772

Author: Imrie Dunn, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

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 progress of the Taiao Portal.

WHAKARĀPOPOTO MATUA / Executive SummarY

A web-based Taiao Portal, presents tāngata whenua with an opportunity to improve working relationships with Council and enhance their participation in resource management and decision-making processes.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Te Kahu o Taonui - Taiao Portal Update.

tĀHUHU KŌRERO / Background

As part of the Better off Funding Package, Te Kahu o Taonui, in collaboration with the Far North District Council, is to develop a web-based Taiao Portal to enable iwi/hapū/whānau to have better access to environmental data and to facilitate engagement on other environmental matters.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The engagement component of the project began with the contracting of 8 people from the 12 Te Kahu o Taonui iwi. The kaupapa is supported by a Kaumātua Kāhui and more recently a Taiao Technical Table of resource management specialists has been included.

The Taiao Portal is a website that aims to support taiao practitioners via a range of specific resources to enable their input and participation in Resource Management (RM) matters regarding, but not limited to, Te Mana o te Wai and Te Oranga o Te Taiao.

In supporting taiao practitioners the underlying kaupapa is twofold:

1. Providing access to a range of tools and templates; and

2. Building capacity and capability.

The portals construction is ongoing and will evolve as more tools and templates are developed (See Figures 1 & 2).

Based on learning from our engagement processes, there are many facets to building capacity and capability. For example, feedback from taiao practitioners has resulted in Te Kahu o Taonui hosting three introductory geographic information system (GIS) workshops to learn the foundational skills of working with GIS systems online.

Supplementary to the above, Te Kahu o Taonui is currently collaborating with Council’s GIS Unit to provide access to better spatial data as they develop more effective resource consent (RC) maps.

The purpose of this project is to put RCs on a map so that users can see the spatial relationship between individual RCs in an area of interest. Map pop ups provide a brief summary of the RC application (See Figure 3).

Council is in the process of developing GIS Spatial Data for current RC applications.

Next Steps:

By the end of March there will be up to five resource pages completed, with good progress towards the GIS mapping components to provide more transparency for resource management processes. Over the same period engagement will occur with the Resource Management Units of two iwi to test the portal and further guide its development.

Te Kahu o Taonui will provide updated developments to Te Kuaka at their February 2024 Committee meeting.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial implications for Council and collaboration to maintain synergies with Te Hono is ongoing.

CONCLUSION

While other Better off Funding projects are focussed on the necessary infrastructural improvements, this project focuses on improving systems and processes to enable tāngata whenua to be more effective (and efficient) in resource management decision-making processes.

Āpitihanga / Attachments

1. Figure 1- Portal mock idetifying range of potential resources - A4484228

2. Figure 2-The marae page of the portal (under development) - A4484226

3. Figure 3- GIS Spatial Data re Resource Consents since 2019 (under development) - A4484225

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

28 November 2023

6.5 Nga Take Maori / Matters of Importance to Maori

File Number: A4483426

Author: Marlema Baker, Democracy Advisor

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To provide the Te Kuaka Te Ao Māori Committee (Te Kuaka) with bi-monthly (every 2nd month) updates on Ngā Tāke Māori / Matters of Importance to Māori, as a mechanism to communicate progress.

WHAKARĀPOPOTO MATUA / Executive SummarY

· Te Kuaka is committed to ensuring that the work of the Committee is carried out in a way that enhances the social, economic, cultural, and environmental wellbeing of the Far North District and assist Council as appropriate in conducting and maintaining effective, good faith working relationships with the Māori community.

· Ngā Tāke Māori / Matters of Importance to Māori are raised at Council meetings and/or by the Kahika/Mayor and Councillors, Te Kahu o Taonui Iwi Representatives or members of the public. This report serves as a mechanism to provide Te Kuaka Committee with regular updates on those matters.

· Updates will be provided bi-monthly as requested by the Committee.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Nga Take Maori / Matters of Importance to Maori.

tĀHUHU KŌRERO / Background

At the 15 December 2022 Council meeting, a resolution was passed to establish Te Kuaka - Te Ao Māori Committee (Te Kuaka) and that a Terms of Reference (ToR) be prepared for adoption by Council at a later date. Using information from a staff facilitated workshop held 16 May 2023 which included the Mayor, Councillors and representatives from Te Kahu o Taonui (TKoT) a Terms of Reference (ToR) was developed and then adopted by Council on 29 June 2023.

The purpose of Te Kuaka Te Ao Māori Committee is to strengthen a Te Ao Māori perspective within Council decision making across policies and strategies. Its responsibilities include:

· 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.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

This is to provide an update on items previously considered at Te Kuaka Te Ao Māori Committee meetings.

Resource Consent Conditions – Kohukohu / Opononi

· After a workshop was held in August 2023 with Te Kuaka, new proposed consent conditions were sent out for feedback from submitters (Microsoft Word - Minute 2 - FNDC - 6 July 2023 (nrc.govt.nz) (Attachment 8)

· The Hearing that was adjourned in May this year was reconvened online by the Hearing Commissioners (Microsoft Word - Minute 3 - FNDC - 2 Oct 2023 (nrc.govt.nz) (Attachment 9) and Far North District Council (FNDC) had the opportunity to prepare a right of reply. The right of reply was submitted to the Northland Regional Council (NRC) on Friday 27th October 2023.

· On Wednesday 8th November 2023, the Commissioners closed the hearing. NRC's Consents Administrator advised that the decision on the applications by the Commissioner's should be issued within statutory timeframes which we understand to be no later than Thursday 30th November 2023. Therefore, on 30 November 2023, the NRC must ensure that a copy of the decisions on the applications for resource consents, and a statement of the time within which an appeal against the decision may be lodged, is served on the FNDC as the Applicant.

· Notice of the decision and a statement of the time within which an appeal against the decision may be lodged must also be served on submitters, and any other persons and authorities that NRC considers appropriate. The notice served on submitters must;

- make a copy of the decision available (whether physically or by electronic means) at all NRC offices and all public libraries in the region; and

- include information on the places where a copy of the decision is available; and

- send or provide, on request, a copy of the decision within 3 working days after the request is received.

· Where possible, future updates will be provided to Te Kuaka until a resolution has been reached and this matter has been concluded.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision as a result of this report.

Āpitihanga / Attachments

1. Attachment 1 - Nga Take Maori - Resource Consent Conditions - KohukohuOpononi - Minute-no 2 - A4486314 ⇩

2. Attachment 2 - Nga Take Maori - Resource Consent Conditions - Kohukohu-Opononi - Minute-no 3 - A4486317 ⇩