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 bi-monthly.

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:

Thursday 27 June 2024 at 10:00 am

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. 15

5.1 Toi Mana - Arts, Culture & Heritage Strategy. 15

5.2 Confirmation of iwi/hapu representation on the Joint Climate Change Adaptation Committee. 54

6 Ngā Pūrongo Taipitopito / Information Reports. 61

6.1 Whenua Māori - Freehold Land Rating Relief 61

6.2 Te Kerikeri Reorua Strategy - Progress Report 77

6.3 Te Pae o Uta Te Ao Maori Framework Progress Update. 88

6.4 Ngā Kaupapa Māori / Matters of Importance to Māori 109

6.5 The Waitangi Tribunal Māori Wards and Constituencies Urgent Inquiry Report WAI 3365. 113

6.6 Far North District Council Submission on the Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41. 206

6.7 Te Kuaka Te Ao Māori Committee Work Programme and Workshop Programme 2024. 223

6.8 Te Kuaka - Te Ao Māori Committee Open Resolutions Update June 2024. 227

7 Karakia Whakamutunga / Closing Prayer 232

8 Te Kapinga Hui / Meeting Close. 232

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

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

4.1 Confirmation of Previous Minutes

File Number: A4536224

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 the previous meeting.

Recommendation

That Te Kuaka – Te Ao Māori Committee confirm the minutes of the meeting held 22 April 2024, with the public excluded, are true and correct.

1) Background

Local Government Act 2002 clause 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 meeting 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 meeting.

3) Financial Implications and Budgetary Provision

There are no financial implications or the need for budgetary provision.

Attachments

1. 2024-04-22 Te Kuaka - Te Ao Māori Committee Minutes - A4668282 ⇩

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 278.
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 on 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.	This report is asking for the minutes to be confirmed as true and correct record, any interest 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

27 June 2024

5 Ngā Pūrongo / Reports

5.1 Toi Mana - Arts, Culture & Heritage Strategy

File Number: A4693851

Author: Shayne Storey, Policy Advisor

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek recommendations from the Te Kuaka Te Ao Māori Committee on the draft Toi Mana - Arts, Culture & Heritage Strategy (the Strategy) in preparation for public consultation.

WhakarĀpopoto matua / Executive Summary

· In 2021 Council was awarded funding from the Ministry of Culture and Heritage to develop a 10-year Arts, Culture and Heritage Strategy (the Strategy).

· Creative Northland was contracted to develop the Strategy on behalf of Council and began targeted consultation with the arts community and interested parties.

· A draft version of the Strategy was delivered to Council for approval ahead of wider community consultation, however it did not meet Council standards and Council engaged Cinna Smith to complete the Strategy.

· While Creative Northland undertook targeted consultation, Staff believe further consultation with wider Far North communities is needed to strengthen the Strategy and achieve community agreement.

· This report seeks approval from Council to initiate consultation with wider Far North communities.

· A final draft of the Strategy will be brought to Council for adoption once this process has concluded.

· Resourcing to implement the Strategy will be sought in the 2025-26 Annual Plan process.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee recommend that Council approve the initiation of public consultation on the draft Toi Mana - Arts, Culture & Heritage Strategy.

tĀHUHU KŌRERO / Background

While the Far North is known for its artistic and cultural communities, Council does not have a decisionmaking guide related to Arts, Culture and Heritage. As a result, decisions for funding and activities tend to be made in isolation and on an ad-hoc basis.

The purpose of the Toi Mana - Arts, Culture & Heritage Strategy is to promote social, cultural, economic, and environmental well-being, in accordance with the Local Government Act 2002, through the facilitation, support, promotion, regulation, and in some cases, the direct provision of public arts within the Far North community. The Strategy is a consolidated document which seeks to provide a consistent and integrated approach to the delivery of Council services in areas of arts, culture & heritage.

Council administers the Far North Creative Communities Scheme, which distributes funding received from Creative New Zealand quarterly. Other projects receive funding through the annual Events Investment Fund (EIF) and/or through the Community Boards via contestable funding applications.

In May 2021, Council was given the opportunity to apply for Ministry of Culture and Heritage funding to develop a 10-year Arts, Culture and Heritage Strategy and Action Plan for the Far North. The application was successful, and the funds were granted to Council in September 2021.

Creative Northland, the regional arts development agency for Te Tai Tokerau, was initially contracted by Council to write the Strategy and undertake consultation across the Far North. This consultation started in late 2021 however, due to the pandemic, 80% of the consultation was held virtually). Consultation included:

· the establishment of a stakeholder reference group;

· public in-person hui/meetings held in Kaikohe and Kaeo;

· a series of virtual on-line zoom hui (zui);

· one-on-one meetings with artists, representatives from arts, culture and heritage organisations and funders;

· online surveys specific for rangatahi/youth feedback; and

· a wānanga with the Toi Ngāpuhi Regional Nga Toi Māori Arts organisation.

Creative Northland’s contracted writers produced a first draft of the Strategy in mid-2022 however Council staff determined that the draft was not fit for purpose. Several attempts were made to re-work the draft unfortunately these proved unsuccessful.

In October 2022, Far North District Council (FNDC) contracted Cinna Smith, local researcher and writer with arts, funding and marketing experience, to build upon Creative Northland’s draft and to:

· provide more context and a deliverable action plan for Council and Community Boards

· emphasise wellbeing

· identify developing Te Reo usage in alignment with Councils aspiration to become a bilingual district

· further develop the Heritage component of the Strategy and incorporate different cultures

· explore the Far North’s position as the “birthplace of the nation/place of beginnings”

· broaden the definition of Arts.

This work included reviewing Creative Northland’s consultation outcomes, conducting additional one-on-one interviews with artists, arts and heritage organisations, festival organisers, and library staff, conducting extensive desktop research to review relevant strategies, documents and central government priorities for arts, culture and heritage, and interviewing members of the Reference Group, who reviewed the drafts and provided feedback.

The Reference Group consisted of:

× Rachel Smith, Former Councillor, Far North District Council

× Gail Richards, Toi Ngāpuhi

× Bill Edwards, Heritage New Zealand Northland Area Manager and Heritage NZ Planner,

× Andi Blanshard, Department of Conservation Senior Heritage Advisor,

× Whina Te Whiu, Te Ahu Museum Curator,

× Gerry Paul, Turner Centre General Manager

× Wally Hicks, Creative Communities Local Funding Assessment Committee Chairperson,

× Jackie Sanders, Jacman Entertainment Events Organiser,

× Chanel Clarke, Waitangi National Trust Board Head of Māori Development & Lead Curator,

× Caitlin Timmer-Arend, Waitangi National Trust Board Curatorial Manager,

× Bayley Moor, Sales & Marketing Coordinator.

× Tania Birt, Northland Inc General Manager and

× Amy Simpkin, Destination Management Plan Writer who also reviewed the draft to ensure that it aligned with the Regional Destination Management Objectives.

Iwi/Hapu Management Plans were reviewed as part of the development of the Strategy to ensure alignment with the aspirations of Iwi and hapū.

Council staff which included Te Hono, Policy & Planning, Property & Facilities, Communications & Engagement, Libraries & Customer Service, and Te Ahu Museum were involved in the development of the Strategy and Action Plan.

Kawiti Waetford (Kaiwhakawhiti Reo Language Translator) was also engaged to conduct a Te Reo Māori translation review of the draft strategy document.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The purpose of the Toi Mana - Arts, Culture and Heritage Strategy is to promote social, cultural, economic, and environmental well-being in accordance with the Local Government Act 2002 through the facilitation, support, promotion, regulation, and in some cases, the direct provision of public arts within the Far North community.

While targeted consultation has taken place, Staff believe further consultation with the wider Far North communities is needed. This will serve to strengthen the Strategy and achieve community agreement.

Following the (potential) adoption of the Strategy, Council will establish a cross-sector Arts, Culture and Heritage working group with key partners meeting regularly. The priority of the working group will be to turn the Strategy’s Action Plan into an Implementation Plan, which will:

× further develop the proposed actions;

× identify key partners;

× identify resources required and timelines; and

× determine how impacts and outcomes will be measured.

The intention is that the Toi Mana - Arts, Culture and Heritage Strategy will be resourced through the Far North District Council's Annual Planning and Long-Term Plan processes.

Options

Option one: Undertake public consultation on the Draft Toi Mana Strategy (recommended option)

The Strategy will be released for public consultation to allow the community to have their say on the Strategy and Action plan.

Please note: There is no statutory requirement to undertake consultation on the Strategy.

Advantages of releasing the Strategy for public consultation

· The community will have an opportunity to feed into the Strategy

· Council will have confidence that the identified actions align with the communities’ views

· Increased community buy in

Disadvantages of releasing the Strategy for public consultation

· Timeframe to Strategy adoption will be lengthened.

Option two: Do not undertake public consultation and adopt the Strategy

The Strategy will not be released for public consultation. Instead Council adopts Toi Mana - Arts, Culture and Heritage Strategy immediately.

Advantages of not releasing the Strategy for public consultation before adoption

· The social, cultural, economic, and environmental well-being is promoted in accordance with the Local Government Act 2002

· Implementation of the actions can begin immediately.

Disadvantages of not releasing the Strategy for public consultation before adoption

· The wider community will not have been consulted

· Reputational risk of upsetting community members

· Non-inclusive way of working

Option three: Do not proceed with the Toi Mana Toi Mana - Arts, Culture and Heritage Strategy work

The Strategy does not go out for public consultation and is not adopted. All work on the Strategy ceases, and the project is removed from current work programmes.

Advantages

· None

Disadvantages

· Loss of Ministry of Culture and Heritage funding

· Community wellbeing will not be promoted

· Reputational risk as the Arts, Culture & Heritage community have participated in the Strategy work to date and this will be seen as a waste of their time.

NEXT STEPS:

If Council approves the initiation of wider public consultation, Council staff will undertake consultation in line with section 82 of the Local Government 2002. The public will be invited to make written and oral submissions on the Strategy. The period for make written submissions will be open for a minimum of four weeks.

Following consultation, staff will present an Analysis of Submissions and a final draft Toi Mana - Arts, Culture and Heritage Strategy Toi Mana - Arts, Culture and Heritage Strategy to Council for adoption in Q2 of the 24/25 financial year.

Toi Mana - Arts, Culture and Heritage Strategy Costs relating to consultation will be minimal (less than $1000) and will be met from existing Policy and Planning budgets. Funding to implement the Strategy will be sought in the appropriate future Annual Planning and LTP processes.

Āpitihanga / Attachments

1. Toi Mana Draft May 2024 - A4729770 ⇩

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	In line with the Significance and Engagement Policy, the recommendation to undertake public consultation on the Draft Toi Mana Strategy will have little effect on financial thresholds, ratepayers, specific demographics or levels of service. Therefore, the level of significance is low. However, the recommendation to release the draft strategy for public consultation will allow the community to have their say and achieve agreement. Please note: There is no statutory requirement to undertake consultation on this strategy.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	While there is no specific legislative requirement to develop a Toi Mana- Arts, Culture & Heritage Strategy, under the Local Government Act (2002), local authorities are required to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future. Community Outcomes · Proud, Vibrant Communities · We embrace and celebrate our unique culture and heritage and value it as a source of enduring pride
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 recommendation has district wide relevance. Therefore, the views of the Community Boards 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. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Tāngata whenua have been taken into consideration in the development of Toi Mana and Iwi/Hapu Management plans have been reviewed during development of Toi Mana to ensure alignment with aspirations of Iwi and hapu. Iwi/hapu will have opportunities to be part of the cross-sector Toi Mana working group, which will develop the implementation of the strategy.
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 Arts, Culture & Heritage Community will have an interest in this strategy. Considerable targeted consultation has taken place and the working group included those involved in the Arts, Culture & Heritage arena.
State the financial implications and where budgetary provisions have been made to support this decision.	Costs relating to consultation will be minimal (less than $1000) and will be met from existing Policy and Planning budgets. Funding to implement the Strategy will be sought in the appropriate future Annual Planning and LTP processes.
Chief Financial Officer review.	This report has not been reviewed by the CFO

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

5.2 Confirmation of iwi/hapu representation on the Joint Climate Change Adaptation Committee

File Number: A4698762

Author: Esther Powell, Manager - Climate & Action Resilience

Authoriser: Roger Ackers, Group Manager - Planning & Policy

Take Pūrongo / Purpose of the Report

To seek confirmation of iwi/hapū representation on the Joint Climate Adaptation Committee.

WhakarĀpopoto matua / Executive Summary

· Climate change poses significant risks to the people of Te Tai Tokerau, especially iwi and hapū.

· Effective, efficient, and equitable adaptation to climate change requires collaboration among councils, communities, iwi and hapū.

· The Joint Climate Change Adaptation Committee (JCCAC) is a Northland Regional Council standing committee with elected members from all Northland councils and representatives from Northland hapū and iwi.

· Tangata Whenua oversight and decision-making on JCCAC is crucial for its success, it will empower Māori to make decisions by Māori for Māori in climate adaptation.

· Including Māori values and worldviews in council processes and decision-making regarding climate action is essential.

· The last several JCCAC meetings have not had representation from Te Tai Tokerau iwi and hapū.

· This report seeks to reconfirm or appoint new representation from Te Tai Tokerau iwi and hapū to the Joint Climate Change Adaptation Committee.

tŪtohunga / Recommendation

That the Te Kuaka Te Ao Māori Committee:

a) Agrees to nominate two iwi/hapū representatives to represent Te Tai Tokerau on the Joint Climate Action Adaptation Committee, and

b) Recommends that ______ is endorsed as the iwi/hapū Member to represent Te Tai Tokerau on the Joint Climate Action Adaptation Committee, and

c) Recommends that ______ is endorsed as the alternative iwi/hapū member to represent Te Tai Tokerau on the Joint Climate Action Adaptation Committee.

1) TĀhuhu kŌrero / Background

Climate change poses significant risks to the people of Te Tai Tokerau and particularly to our most disadvantaged communities and especially to Māori. Local government is responsible for reducing these risks through adaptation strategies.

Effective, efficient, and equitable responses to climate change require collaboration among councils, communities, iwi and hapū. Collaborative work is already underway, including the Climate Adaptation Te Tai Tokerau joint council working group (CATT) and the adoption of the Te Tai Tokerau Climate Adaptation Strategy (TTCAS). Additionally, the Joint Climate Change Adaptation Committee (JCCAC) comprised of members from the Far North, Kaipara, and Whangarei District Councils, the Northland Regional Council, and equal membership from iwi and hapū representatives, ensures coordinated and collaborative efforts across the region. The JCCAC brings together the councils and an equal representation of Māori to the table to ensure that climate adaptation decisions affecting Māori are made by Māori for Māori.

The Far North District Council Strategy and Policy Committee, at its meeting on 1 December 2020, resolved to approve the forming of the JCCAC and appoint members. The Committee further resolved to request the mayor at that time, to invite Te Kahu o Taonui to nominate a Far North iwi/hapū member and an alternative member to JCCAC.

The mechanisms by which this invitation was made is unclear, however it appears that a Te Kahu o Taonui representative was nominated to the role of iwi/hapū member in 2021.

The JCCAC has not had iwi and hapū representation from the Far North for the last several meetings. Action is needed to reconfirm the representative appointments or to seek alternative representation.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Joint Climate Change Adaption Committee

The JCCAC is a Northland Regional Council standing committee made up of elected members from all the Northland councils and representatives from Northland hapū and iwi. It exists to provide direction and oversight of the development and implementation of climate change adaptation activities by local government in Te Tai Tokerau.

Tangata Whenua oversight and decision making on JCCAC is critical to its success, particularly in empowering Māori to make decisions by Māori for Māori in the climate adaptation space. It is essential to ensure Māori values and worldviews are included in council processes and decision-making relating to climate change adaptation. A copy of the JCCA Terms of Reference is attached.

Iwi Hapu Representation

Under clause 31(3) of Schedule 7 of the Local Government Act 2002, a non-elected member can be appointed to a committee if “in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee”. The Terms of Reference for the joint committee specify the appointment of the iwi/hapū member should, where possible, “follow recommendations from council Māori advisory groups or committees”.

When the original request for representation was made, Far North District Council had no such advisory groups or committees. The Strategy and Policy Committee, when it considered the proposed joint committee at its meeting in December 2020, resolved to invite Te Kahu o Taonui to nominate a person to be the Council’s iwi/hapū member on the joint committee. It was agreed that the communication with Te Kahu o Taonui needed to be at the governance level, therefore the mayor at that time was asked to speak directly with Te Kahu o Taonui executive for a nomination.

Te Kuaka – Te Ao Māori Committee

Council now has an established Māori advisory committee. Te Kuaka – Te Ao Māori Committee was established on 15 December 2022 and its membership includes Council Elected Members and 12 iwi representatives nominated through Te Kahu o Taonui. Te Kuaka in partnership with Te Kahu o Taonui can therefore recommend the appointment of iwi/hapū members to JCCAC.

OPTIONS

Option One:

Do nothing.

Option Two:

The Committee invites Te Kahu o Taonui to reconfirm existing representation or to nominate two people to be the Far North District Council iwi/hapū member and alternative iwi/hapū member of the Joint Climate Adaptation Committee.

Option Three: RECOMMENDED

The Committee, having equal membership from Te Kahu o Taonui and Elected Members, agrees to nominate two iwi/hapū representatives to represent Te Tai Tokerau on the Joint Climate Action Adaptation Committee, noting that two people are needed, one as the iwi/hapū member and one as the alternative iwi/hapū member.

TAKE TŪTOHUNGA / REASON FOR THE RECOMMENDATION

Option three is recommended. The appointment of the iwi/hapū representative (and alternative) can be determined by Te Kuaka directly as it has equal representation from Te Kahu o Taonui and Elected Members. The decision would be equitable and enable Te Kahu o Taonui self-determination.

Having iwi/hapū representation on the JCCAC will assist Māori to achieve equitable responses to climate change adaptation through collaboration with the councils and other iwi/hapū representatives. It will put iwi/hapū at the table, making decisions by Māori for the benefit of all Māori.

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

The iwi/hapū representative will be renumerated as indicated for in the Appointment of Non-Elected Members (Appointed Members) to Committees of Council Policy and the Appointed Members Allowance Policy. Budgeting provisions are through the Climate Action & Resilience Department operational expenditure.

Āpitihanga / Attachments

1. JCCAC Terms of Reference March 2022 - A4726392 ⇩

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	This report has a low level of significance and relates to the appointing of representation on a joint committee. There is no need to seek external opinion and the decision can be made by Te Kuaka.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The recommendation is consistent with Te Tai Tokerau Climate Adaptation Strategy and the Climate Action Policy. Specifically, Policies 7.1 and 7.2 which firstly require Council to develop its climate change responses in partnership with Māori. Secondarily that Council will encourage, align with, and provide resources that support iwi/hapu led climate change responses to empower Māori in building resilience for Māori, by Māori. The recommendation is consistent with the Appointment of Non-Elected Members (Appointed Members) to Committees of Council Policy and the Appointed Members Allowance Policy. The report is consistent with the values in the Long-Term Plan especially Te Tiritio Waitangi – Partnership, Whanaungatanga and Manawatopu. The related community outcomes are connected communities that are prepared for the unexpected.
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.	In this case there is not a need to consult with community boards or the public as Te Kahu o Taonui is an existing entity that represents iwi and hapu of the Far North and Te Kuaka can make the decision under clause 31(3) of Schedule 7 of the Local Government Act 2002.
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.	The recommendation is to appoint iwi/hapu representation to the JCCAC by Te Kuaka who is comprised of Council Elected Members and Nominated Members of Te Kahu o Taonui who represent iwi and hapu in the Far North. By appointing an iwi/hapu representative to JCCAC it creates space for collaborative decision making by Māori for Māori in the climate adaptation space.
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).	There are no affected or interested parties.
State the financial implications and where budgetary provisions have been made to support this decision.	The iwi/hapū representative will be renumerated as indicated for in the Appointment of Non-Elected Members (Appointed Members) to Committees of Council Policy and the Appointed Members Allowance Policy. Budgeting provisions are available through the OPEX of the Climate Action & Resilience Department.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

6 Ngā Pūrongo Taipitopito / Information Reports

6.1 Whenua Māori - Freehold Land Rating Relief

File Number: A4744576

Author: Zena Tango, Team Leader - Transaction Services

Authoriser: Charlie Billington, Group Manager - Corporate Services

TAKE PŪRONGO / Purpose of the Report

The purpose of this report is to update the Te Kuaka - Te Ao Māori Committee (Te Kuaka) on the progress made to date by the Whenua Māori Working Group (the Working Group).

WHAKARĀPOPOTO MATUA / Executive SummarY

· The Working Group was established to ensure Far North District Council (FNDC) provides ongoing support to Māori Freehold Landowners as required through the Local Government (Rating of Whenua Māori) Amendment Act 2021 (the Act) and FNDC Rating Relief Policies (Policies).

· To date, the Working Group has established a cross-functional team, collected, and analysed data on Māori Freehold Land, created a tracking dashboard, developed necessary documentation, and initiated property reviews to address debt and usage status.

· The Working Group has committed to a holistic approach with cross Council collaboration and community engagement in order to achieve key outcomes of reducing debt levels, clarifying rating information, reducing barriers to land use and development, stimulating regional growth, and enhancing understanding of Whenua Māori.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Whenua Māori - Freehold Land Rating Relief.

tĀHUHU KŌRERO / Background

When the Local Government (Rating of Whenua Māori) Amendment Act came into force on 1 July 2021, existing arrears on Māori Freehold Land 3 years and older were written off. Landowners were invited to initiate communication with Council, however no Council led engagement took place or process established to review arrears balances on an ongoing basis. As a result, aged balances related to Māori Freehold Land have since re-accumulated.

Council conducted workshops in March and April on Whenua Māori Rates Relief which involved a deep dive into the state of arrears, impacts on operations, and financial impacts. The following key deliverables were identified:

· Establish a working group.

· Assemble clear and concise data to show current state and progress.

· Provide clarity of any financial implications.

· Clarify terminology for unused land.

· Identify tangible actions FNDC can undertake and create a programme of work.

· Implement and complete the programme of work.

· Gain support from relevant internal and external resources.

· Develop a community engagement plan.

· Provide budget requirements and gain SLT approval.

· Determine the timeline for implementation of the engagement plan.

· Provide ongoing reporting of progress to the Te Miromiro committee.

· Develop cultural competency in Whenua Māori.

Actions completed

As required by the Committee, the Working Group has been established. Members of the Working Group have been drawn from across business groups:

· Corporate Services (Rates, Revenue Recovery, Property Information & Data Analytics)

· Strategic Relationships (Te Hono)

· Community & Engagement (Communications & Engagement)

· Policy & Planning (Policy & Bylaws)

Terms of reference (ToR) agreed by the Working Group and approved by the Strategic Leadership Team (SLT) outline the following outcomes:

· Reduce current and future debt levels for Māori Freehold Landowners.

· Provide greater clarity around the rating of Māori Freehold Land to landowners.

· Reduce barriers for owners of Māori Freehold Land to use, occupy, build, and develop their land.

· Stimulate regional development through fully utilising and developing Māori Freehold Land.

· Increased understanding of Whenua Māori.

To ensure these outcomes are achieved effectively, the Working Group has committed to a holistic approach with cross Council collaboration and community engagement. It is intended that this approach will provide a robust process that can be repeated as required on an ongoing basis, and in turn, provide greater certainty and a future focussed solution for Council and Māori Freehold Landowners.

The working group met for the first time on the 1 May and is currently meeting weekly. Meetings are in a formal format with an agenda and meeting minutes outlining key decisions. A dedicated Teams Channel is used for other communication.

The following is an outline of actions that have been completed.

Actions completed	Start date	End date
Rates data collected for Māori Freehold Land	26/03/24	12/04/24
Data dashboards created	26/03/24	29/05/24
Statutory declaration document completed – English	26/03/24	05/06/24
Working group Terms of Reference agreed	01/05/24	10/05/24
Senior Leadership Team support for resources	01/05/24	10/05/24
Draft engagement plan & budget reviewed by Senior Leadership Team	01/05/24	07/06/24
Review financial implications Long Term Plan, doubtful debt and Profit & Loss expectations	01/05/24	07/06/24
Unused terminology reviewed and approved by Senior Leadership Team	01/05/24	10/05/24
Manual review of currently non-rated unused properties	01/05/24	05/06/24
Write off non-rated unused accounts	10/06/24	11/06/24
Senior Leadership Team mandate to commence Finance Rates Remissions Policies Review	15/04/24	13/05/24

Analysis and rating relief

The Working Group has commenced a review of information on Māori Freehold Land. So far, this review has included properties which have historically been classified as unused, identified those with arrears balances and compared against aerial imagery to visually confirm if the property remains unused. This review has evaluated 159 properties and has identified:

· 111 properties - $447,889 arrears - still unused, and arrears have been written off.

· 31 properties - $116,716 arrears – further investigation required – buildings/activity identified on the land.

· 17 properties - $92,431 arrears – further investigation required – occupation identified but there is a potential for rating relief.

To address where further information is required, contact will be made with owners by phone where possible or perform on-site visits.

1. For the accounts reclassified as in-use, arrears will be written off and contact will be made with owners to put payment plan in place going forward.

2. For accounts confirmed as unused, the arrears will be written off and the account will remain non-rateable.

3. In situation where accounts are confirmed as unused and owners have paid, some form of remediation might be required.

Review of accounts previously classified as unused enables progress to be made. However, of the total number of unused Māori Freehold Land accounts, the balance of 2501 accounts have not yet been reviewed and are yet to be classified for rating relief purposes.

Review of accounts is manual and time consuming, but is required to enable Council to understand and apply appropriate rating relief treatment as required under Policies or the Act, such as in circumstances as the following:

· currently rated and occupied but have a large proportion of vegetation/unused land and are eligible for rating relief through Council’s rating remissions policies or relief options provided in the act.

· which do not have buildings or activities and could qualify as unused.

· currently rated but landlocked which could qualify as unused.

· currently not rated but now occupied.

· currently not rated but showing current activity which may no longer qualify as unused as per the agreed terms of used and unused land.

· which is conservation land and could qualify as unused.

The Data Analytics team have identified that the process of classifying accounts will be greatly streamlined by utilising Geospatial mapping with up-to-date aerial imagery. This has been ordered and is expected to be made available in August.

Geospatial mapping is different from traditional mapping as it provides customised maps based on specific queries. For example, specific properties can be quickly identified based on rates, building, vegetation, and other identifying features.

A diagram of a city

Description automatically generated with medium confidence

Mapping will be updated annually, and advanced analytics software will be able to identify changes that can be used to update account classifications going forward.

Engagement

The Senior Leadership Team has approved the draft engagement plan for the Whenua Māori Freehold Rating Relief initiative. This plan focuses on addressing outcomes identified in the Terms of Reference and includes the following action points:

· Workshops: Hosting workshops to receive feedback and ensure points of view are considered prior to engaging in Marae visits

· Marae Visits: Engaging with Māori Freehold Landowners through Marae visits.

· Online Platforms: Developing culturally relevant online engagement platforms which may include videos, articles, interactive maps, and dedicated web pages. Engagement will also include emails, surveys, and social media content.

· Cultural Festivals and Events: Participating in or sponsoring events that celebrate Māori culture to foster informal interactions and relationship-building.

For further information please refer to attachment: Whenua Māori – Freehold Land Rating Relief Engagement Plan - draft.

Action items in progress / to commence:

In progress	Start date	End date
Geospatial mapping	01/05/24	31/07/24
Data analysis utilising geospatial mapping	01/08/24	31/08/24
Translation of statutory declaration document to te Reo Māori	05/06/24	30/06/24
Internal learning and development plan Whenua Māori for working group & others involved in engagement plan	01/05/24	15/08/24
Commence further review of 48 properties identified as potentially used	10/06/24	31/07/24
Review of existing rating relief policies	01/05/24	WIP

Next steps	Start date	End date
Initial engagement plan & budget approved by Senior Leadership Team	10/06/24	24/06/24
Engage with Elected Members for feedback on Engagement plan	27/06/24	30/08/24
Commence engagement plan	09/09/24	28/02/25
Review the balance of 2,501 accounts	01/07/24	30/06/25

The Working Group aims to have materially completed its review of accounts by the end of the 2024/2025 rating year, with future reviews to be completed annually. The community engagement plan will be refined and is expected to be conducted throughout the second half of the rating year.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Updates of the Working Group’s review all MFL accounts throughout the FY25 rating year will be reported to Te Kuaka – Te Ao Māori Committee, and further information will be included in the revenue recovery report currently provided to Te Miromiro committee.

The Working Group will confirm dates for the community engagement plan with Elected Members and request support for these commitments.

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

Provision is made for doubtful debts in relation to the arrears owed to council.

Impact on financial performance is expected to be limited as aged balances are provided for under the doubtful debt provision, which offsets the amount written off within the rating year.

Financial implications are relevant to the engagement plan as budget is required to fund this activity.

Āpitihanga / Attachments

1. Whenua Maori - Freehold Land Rating Relief Engagement Plan- Draft - A4744336 ⇩

2. Data Dashboards Overview - A4744333 ⇩

3. Non-Reateable Application Form - Draft - A4744337 ⇩

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

6.2 Te Kerikeri Reorua Strategy - Progress Report

File Number: A4730757

Author: Lawrence Wharerau, Kaiārahi Kaupapa Māori

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To provide Te Kuaka - Te Ao Māori Committee with an update on Te Kerikeri Reorua Strategy and its implementation to the end of May 2024.

WHAKARĀPOPOTO MATUA / Executive SummarY

· Te Rūnanga o Ngāti Rēhia (“TRONR”) have furnished an update report to Te Tari Taiwhenua – The Department of Internal Affairs (DIA) in accordance with their reporting obligations back to the Ministry.

· Te Kaunihera o Te Hiku o Te Ika – Far North District Council (“Council”), have delivered on its obligations under the same agreement.

TŪTOHUNGA / Recommendation

That Te Kuaka – Te Ao Māori Committee receive the report Te Kerikeri Reorua Strategy - Progress Report.

tĀHUHU KŌRERO / Background

On June 1, 2023, Te Rūnanga o Ngāti Rēhia (TRONR) and Far North District Council (Council), launched a Rautaki Reorua/Bilingual Plan for Te Kerikeri (attached). The Rautaki Reorua is an agreement sponsored by (“DIA”) to create Te Kerikeri as a bilingual township. Other reorua urban centres in Aotearoa include, but not limited to, Ōtaki, Rotorua and Wairoa.

There is an unofficial ambition for Te Kaunihera o Te Hiku o Te Ika district, to become the first reorua district in Aotearoa New Zealand by 2040 in recognition of the 200th year commemorating the signing of Te Tiriti o Waitangi.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

On May 16^th, 2024, on behalf of TRONR, Chair Kipa Munro furnished a standard progress report to DIA (attached).

The Rautaki Reorua Agreement document for Te Kerikeri contains goals to be led by TRONR, Council as well as joint led components. There are expressed in the attached Rautaki Reorua Agreement.

TRONR discuss progression of their goals achieved in their feedback through the attached report furnished by Mr Munro.

Council report that we have met our goals to the end of May 2024 and are well on the way meeting the other goals set in the agreement by the end of June 2025. This includes the Te Reo Māori and Tikanga policy adopted by Council in September 2023. Te Reo Māori and Tikanga classes continue to be made available to staff. The baseline was for 60% of staff to have completed these courses which has since been raised to 100% to be achieved as soon as is practical.

Council acknowledge Ngāti Rēhia as Mana Whenua in Te Kerikeri and Ems, SLT, Te Hono and other key support staff have been invited by TRONR to a marae-based information sharing and relationship building exercise at Whitiora Marae. Arrangements for this have already begun.

TRONR Chair, Kipa Munro, has made a request to give a verbal deputation and report back to the next sitting of Te Kuaka with taiohi involved in some of their reorua strategy outcomes.

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

Council have made provision to engage external providers, Moko Kauri, to deliver the internal Te Reo Māori and Tikanga courses. This arrangement will cease once Council have engaged an FTE to deliver the courses into the future. Work is well advanced in creating the internal resources to be delivered by the successful candidate.

Āpitihanga / Attachments

1. 2023 Kerikeri Rautaki Reorua Final - A4731244 ⇩

2. Reorua Survey 16 May 2024 - A4731242 ⇩

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

6.3 Te Pae o Uta Te Ao Maori Framework Progress Update

File Number: A4741052

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

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To provide an update on Te Pae o Uta Te Ao Māori Framework.

WHAKARĀPOPOTO MATUA / Executive SummarY

The Far North District Council (FNDC) adopted the Te Pae o Uta Framework in the Council hui (resolution 2023/8) 7 September 2023. The overall principles for Council in respect of the Te Pae o Uta are to:

· Recognise 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;

· Acknowledge the importance of relationships both tangible and intangible e.g., Ngā Atua, Whenua, Mauri o Te Wai, Taiao (Oranga Taiao, Oranga Tangata);

· Focus on the pursuit of excellence in the Te Ao Māori space;

· Valuing Te Ao Māori requires staff to understand key Māori concepts and practices;

· Acknowledge kōrero tuku iho at FNDC by recognising iwi and hapū kōrero.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the Te Pae o Uta Te Ao Maori Framework Progress Update and supporting documentation.

tĀHUHU KŌRERO / Background

· Te Pae o Uta Te Ao Māori Framework (Te Pae o Uta) adopted by Council in September 2023.

· Te Pae o Uta implementation plan approved by FNDC Strategic Leadership Team (SLT), March 2024.

· Te Pae o Uta organisation work plan approved by SLT, June 2024.

The key components of Te Pae o Uta have been collated and provided as one publication for reference and education purposes. This document is attached.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The following graphics represent the milestones achieved and progress made to date:

The implementation of Te Pae o Uta is on track. 7 groups (43 teams) of Council have contributed to the work plan which now consists of 147 commitments.

The Chief Executive will monitor the progress of those commitments through “CEO KPI 2 – Cultural Competency - Ensure that the council’s cultural competency continues to improve, and strong working relationships are maintained or established with hapu/iwi”.

Updates are provided to Council through the quarterly Chief Executive’s report and the quarterly key performance indicator report to Te Miromiro Executive Review Committee.

Education and capability building is continuing for council staff and Council-Controlled Organisations (CCOs), and a programme to work alongside external contractors to ensure Te Pae o Uta is recognised in their systems and processes will commence.

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

The implementation of Te Pae o Uta will be achieved within existing department budgets.

Āpitihanga / Attachments

1. Te Pae o Uta Publication - A4756499 ⇩

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

6.4 Ngā Kaupapa Māori / Matters of Importance to Māori

File Number: A4718722

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

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To provide the Te Kuaka Te Ao Māori Committee updates on Ngā Kaupapa Māori / Matters of importance to Māori.

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.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Ngā Kaupapa Māori / Matters of Importance to Māori.

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. A Terms of Reference (ToR) was developed and then adopted by Council on 29 June 2023.

The purpose of Te Kuaka 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 well-being 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.

This report, Ngā Tāke Māori / Matters of Importance to Māori, serves as a mechanism to provide Te Kuaka with updates on current kaupapa / matters pertaining to Māori.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

NGĀ KAUPAPA - TE HIKU WARD

Moringaehe 1 Wharo Way, Ahipara Hui 24 May 2024

A hui was held between Council and Ngā Hapū o Ahipara regarding the co-management plan for the pending historic reserve. Issues such as the health of the Pohutukawa tree, best practice around structures, erection of pou, official tohu and signage on the reserve will be taken into account in the plan.

A group of people posing for a photo

Description automatically generated

Oruru Valley Pilot Project, Te Paatu ki Kauhanga

This pilot project has been vigorous in the preparation of templating the research methods alongside Te Paatu ki Kauhanga board members. This pilot project is nearing completion and the website is due to be completed shortly with further information.

This Project is currently at the contacting of landowner’s stage which has been significant in identifying how much Council already has access to and what the engagement process is for other landowners. 50 sites of significance have been Identified and engagement with iwi and hapu leaders has been very successful.

Siani Walker (Bentley & Co) Māori Director/ Resource Management Planner and Ripeka Read, both have strong backgrounds in this field and have initiated the progress with effective planning and brainstorming methods which upholds the relationship and tikanga with Te Paatu ki Kauhanga Trust.

NGĀ KAUPAPA – BAY OF ISLANDS-WHANGAROA WARD

Te Pātukurea Spatial Plan for Kerikeri-Waipapa area

Te Pātukurea Spatial plan committee is made up of hapū with an interest in the Spatial Plan for future development of the Waipapa/Kerikeri area. This kaupapa is well on task to complete their planning and to wind up their function by May 2025. The lead hapū is Ngāti Rēhia and representatives from Te Uri Taniwha, Te Whiu Hapū and other associated hapū from the region.

Te Puawaitanga Sports Complex Development.

Stage one of the Te Puawaitanga Sports Complex development is complete.

Woods Land Development and Infrastructure Company (Woods) have been engaged to develop the following over an 8-week period (beginning mid-May 2024):

· A high-level development strategy for discussion with key FNDC stakeholders. This will include the preparation of a high-level masterplan to illustrate the potential development extent and key engineering features

· The preparation of a draft financial strategy that includes the Sports Hub maintenance, operation costs and the potential development revenue.

This is week four of engagement and a fourth catch-up date has been scheduled.

Woods are planning to come and present the above deliverables as a close-off to their initial engagement on the future development of the site (this has been built into their proposal).

To date, Council has provided Woods with an extensive set of reports, studies and information, as per their request. The only information request Council has not responded to sits with Stellar Projects and Delivery Specialists, who have committed to provide the following information as soon as possible:

· AutoCAD survey drawings for the entire site, and designs for the sports hub

· Topographical survey for the entire site and offsite roading including any as-built information for the Sports Hub

· The latest sports hub design reports (including stormwater management report) and drawings in DWG format

· Resource Consent, Building Consent and EPA approvals for the sports hub design.

Kerikeri Wastewater Treatment Plant (WWTP) amendment to the existing Resource Consent to increase discharge volumes.

A recent hui was held on 11 June, 2024, to begin the conversation with Ngāti Rēhia and Te Uri Taniwha representatives regarding a proposed increase in the daily discharge rate from the Kerikeri WWTP from 1,000m3 per day to 1,350m3 per day.

Kororāreka Wastewater Treatment Plant (WWTP) Resource Consents Renewal.

Discussions with Kororāreka Marae Society, Ngāti Kuta, Patukeha, Ngāti Manu and Te Kapotai have been initiated through Far North Waters (FNW) regarding the consent renewal for the Kororāreka WWTP.

Questions regarding the disposal of solid waste have been raised with FNW. There has been slow progress with respect to the availability of the different hapū representatives.

Waitangi/Paihia/Ōpua Wastewater Treatment Plant (WWTP)

Ongoing conversations about relocating the Waitangi-Paihia-Ōpua WTP from its current precarious site on the banks of Waitangi River directly above Haruru Falls to the preferred sites, either upstream from the old airfield in Haruru or behind the industrial park on Hawke Drive. A working group with members from Ngāti Kawa, Ngāti Rāhiri and developers Stellar Projects to identify an alternative site is soon to begin further discussions.

NGĀ KAUPAPA - KAIKOHE-HOKIANGA WARD

Kohukohu Wastewater Treatment Plant Working Group

Northland Regional Council (NRC) recently issued a resource consent for the Kohukohu WWTP. The consent identified several improvements that FNDC needs to explore with the community as better outcomes can be achieved in collaboration with hapu and community representatives.

Objectives:

· Form a Working Group from the conditions set out by NRC.

· Representatives for the working group from Te Ihutai Hapu, Ngā Hapū o Hokianga, Te Rūnanga o Te Rarawa, Te Rūnanga A Iwi o Ngapuhi and the Kohukohu Community.

Communication with the recommended people to form the working group has been completed. The date of the first engagement hui is 21 June at 1000hrs at Tauteihiihi Marae, Kohukohu. Louise Wilson (Compliance Advisor- Infrastructure Strategy) is leading the kaupapa and has been tasked with the budgeting and resources.

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

Nil

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

6.5 The Waitangi Tribunal Māori Wards and Constituencies Urgent Inquiry Report – WAI 3365

File Number: A4714684

Author: Marlema Baker, Democracy Advisor

Authoriser: Jacine Warmington, Group Manager - Strategic Relationships

TAKE PŪRONGO / Purpose of the Report

To present Te Kuaka Te Ao Māori Committee (Te Kuaka) with The Māori Wards and Constituencies Urgent Inquiry Report (WAI 3365) from the Waitangi Tribunal.

WHAKARĀPOPOTO MATUA / Executive SummarY

· On Friday 3 May 2024 Judge Sarah Reeves (Deputy Chairperson - Waitangi Tribunal) granted an application for an urgent hearing into whether the actions and policy of the Government to amend the provisions of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021, were in breach of the principles of the Treaty of Waitangi.

· This report provides Te Kuaka with a copy of the Waitangi Tribunal Māori Wards and Constituencies Urgent Inquiry Report – WAI 3365 (Attachment 1) which outlines the substantive reasons for granting the urgent hearing.

· Also provided is a copy of the Local Government Electoral Legislation and Māori Wards and Māori Constituencies Amendment Bill (Attachment 2).

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the Waitangi Tribunal report: The Waitangi Tribunal Māori Wards and Constituencies Urgent Inquiry Report – WAI 3365.

tĀHUHU KŌRERO / Background

2021 - Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 was introduced by former Minister for Local Government, the Honourable Nanaia Mahuta.

2023 - Coalition agreements between the New Zealand National Party, ACT New Zealand and New Zealand First outlined their priority to restore the right to a local referendum on the establishment or ongoing use of Māori wards, including requiring a referendum on any wards established without a referendum at the next local body elections.

On 4 April 2024, Minister Brown announced the Government’s intention to introduce legislation to repeal the 2021 amendments made to the Local Electoral Act 2001 which removed the previous requirement that binding local polls be held following a council’s decision to establish a Māori ward or Māori constituency and to reinstate the need for binding polls on Māori wards and require councils that have established a Māori ward or constituency without one since 2021 to hold a poll.

Councils that had established a Māori ward or constituency were given two options:

· Option A – resolve this year to rescind the decision to create the Māori wards or constituencies by council resolution (to take effect at the 2025 local elections).

· Option B – hold a binding poll on the question of Māori wards/constituencies at the 2025 local elections (to take effect at the 2028 local elections).

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

In her 13 May 2024 memorandum, Judge Reeves gave her reasoning for granting urgency to this inquiry.

On 4 April 2024, she said, the Local Government Minister announced that the Government would introduce a Bill ‘in the coming months’ to amend the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 to reinstate, amongst other provisions, the requirement for binding polls of all voters on Māori ward decisions.

Judge Reeves stated that the proposed amendment of the Act is an important current and pending Crown action and policy. She indicated that the proposed amendments are likely to result in a significant decrease in Māori representation and participation in local government as a direct consequence of the proposed amendment.

Moreover, she said, the reimposition of polls is likely to act as a significant barrier and disincentive to future Māori representation in local government as well as participation in local government processes. The Crown had also accepted that there had been minimal to no consultation with Māori.

For these reasons, Judge Reeves was satisfied that significant and irreversible prejudice could result from the repeal and that there were no alternative remedies available. She therefore confirmed her urgent decision, and the Waitangi Tribunal was tasked with an urgent inquiry.

Timeline of events:

4 April 2024	Minister Brown announced that the government would introduce a Bill ‘in the coming months’ to effectively repeal the 2021 amendments.
19 April 2024	The Tribunal received an amended statement of claim and an application for an urgent hearing from Anne Waapu and Te Raukura O’Connell Rapira.
23 April 2024	Deputy Chairperson, Judge Sarah Reeves, directed the Crown and any interested parties to respond to the application for an urgent hearing by midday on 26 April 2024.
26 April 2024	A further application was filed by Merepeka Raukawa-Tait.
26 April 2024	Memorandum filed by the Crown indicating the proposed amendment to the 2021 Amendment Act no earlier than 20 May 2024.
2 May 2024	Applicants are to file submissions in response to Crown by this date.
3 May 2024	A further application was filed by Te Rūnanga o Ngāti Hine.
3 May 2024	Virtual Judicial Conference held, submissions heard and urgency granted to four claims: Wai 3163, Wai 3362, Wai 3314, and Wai 682.
6 May 2024	Chief Judge Caren Fox appoints Judge Reeves as the Presiding Officer for the inquiry and Basil Morrison CNZM JP and Kevin Prime ONZM, MBE, CNZM panel members.
6 May 2024	Further application filed by Te Whakakitenga o Waikato Incorporated.
8 May 2024	All claimant evidence and opening submissions filed by this date.
10 May 2024	Crown evidence and opening submissions filed by this date.
14 May 2024	Closing submissions filed by this date.
20 May 2024	Bill introduced in Parliament.
23 May 2024	First reading of the Bill in Parliament.
	Select Committee appointed.
24 May 2024	Opening date for submissions on the Bill.
29 May 2024	Closing date for submissions on the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill.
21 June 2024	Select Committee report due.

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

There are no budgetary implications in receiving this report.

Āpitihanga / Attachments

1. Waitangi Tribunal - The Maori Wards and Constituencies Urgent Inquiry Report - WAI 3365 - A4714692 ⇩

2. Local Government Electoral Legislation and Maori Wards and Maori Constituencies Amendment Bill - A4718248 ⇩

Ordinary Te Kuaka - Te Ao Māori Committee Meeting Agenda

27 June 2024

6.6 Far North District Council Submission on the Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41

File Number: A4750826

Author: Marlema Baker, Democracy Advisor

Authoriser: Casey Gannon, Manager - Democracy Services

TAKE PŪRONGO / Purpose of the Report

For Te Kuaka Te Ao Māori Committee (Te Kuaka) receive the report Far North District Council Submission on the Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41.

WHAKARĀPOPOTO MATUA / Executive SummarY

• On 30 May 2024 the Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41 was introduced to Parliament and referred to the Finance and Expenditure Committee for consideration. The Chair of the Finance and Expenditure Committee called for public submissions on 4 June 2024 with a closing date of 13 June 2024.

• This was not brought to the 13 June Council meeting due to the short timeframe.

• On 13 June 2024 a submission was made on behalf of the Far North District Council (attachment 1) which included a request to provide an oral submission. The submission specifically addressed

• In the absence of a specific delegation to a committee and/or reservation of the authority by Council, by default, the delegation to approve Council submissions on legislation, falls to the Chief Executive.

• This report seeks to provide Te Kuaka with a copy of that submission and other relevant information for consideration.

TŪTOHUNGA / Recommendation

That the Te Kuaka – Te Ao Māori Committee receive the report Far North District Council Submission on the Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41.

tĀHUHU KŌRERO / Background

The Local Government (Water Services Preliminary Arrangements) Bill (attachment 2) establishes the Local Water Done Well framework (attachment 3) and the preliminary arrangements for the new water services system.

Key areas included in the Bill are:

· Requirements for councils to develop Water Services Delivery Plans (within 12 months of enactment)

· Requirements for councils to include in those plans baseline information about their water services operations, assets, revenue, expenditure, pricing, and projected capital expenditure, as well as necessary financing arrangements, as a first step towards future economic regulation

· Streamlined consultation and decision-making processes for setting up water services council-controlled organisations (water services CCOs)

· Provisions that enable a new, financially sustainable model for Watercare.

In addition, the Government has tabled an amendment paper to the Bill which provides for interim changes to the Water Services Act. This amendment means the Te Mana o te Wai hierarchy of obligations in the National Policy Statement for Freshwater Management (NPS-FM) will not apply when Taumata Arowai sets wastewater standards.

The Far North District Council submission speaks specifically to the repealing of the Te Mana o te Wai hierarchy obligations and supports the recommendations made by Te Kahu o Taonui as listed in the submission.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Submissions on the Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41 have closed and dates for the hearing of oral submissions will be made by the Finance and Expenditure Committee. A final report is due to Parliament on 18 July 2024.

Staff will disseminate information on the hearing for the FNDC oral submission to Te Kuaka once the schedule is confirmed.

Elected Member concerns regarding the approving of Council submissions.

Authority to approve Council submissions on legislative reform has historically sat with Council or the relevant Committee with delegated authority.

In circumstances where there has been insufficient time for a submission to be considered by Council and/or the relevant Committee, authority to approve submissions has been delegated to the Chair of the relevant Committee, any portfolio holders, the Mayor, and the Chief Executive, on the condition that all Councillors must be advised of the submission and provided with a copy upon request.

In the current triennium the authority to make Council submissions on legislation has not been delegated to any of Council’s Committee’s, nor does it appear that Council has reserved authority to approve submissions to itself.

In the absence of a specific delegation to a Committee and/or reservation of the authority by Council, by default, the delegation to approve Council submissions on legislation, falls to the Chief Executive. The Chief Executive holds broad delegation from Council to carry out all functions of Council except for powers that are non-delegable under clause 32, Schedule 7 LGA02 and any powers that Council reserves to itself from time to time. The instrument of delegation makes it clear that this broad delegation does not preclude the Chief Executive from choosing to refer an issue to Council for approval where a matter is of particular political importance or sensitivity or there is a special community interest in it.

Given the wide-ranging programme of reform currently being undertaken by central government, Council may wish to consider clarifying its position on delegated authority to approve Council submissions on legislation, including:

• Whether submissions must be approved by Council and/or a Committee of Council;

• The circumstances in which submissions can be approved under delegated authority by staff and/or specific elected members.

• the procedure around notifying elected members where submissions are approved under delegated authority.

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

There are no financial implications or need for budgetary provisions in relation to this report.

Āpitihanga / Attachments

1. Attachment 1 - SIGNED FNDC Submission - Local Government (Water Services Preliminary Arrangements) Bill and Amendment Paper 41 - A4750831 ⇩

2. Attachment 2 - Local Government (Water Services Preliminary Arrangements) Bill - Amendment Paper 41 - A4750832 ⇩

3. Attachment 3 - Local Water Done Well Overview of Preliminary Arrangements Bill May 2024 - A4750833 ⇩