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Ordinary Te Kuaka Committee for
Māori Strategic Relationships Meeting Agenda
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19 May 2026
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5 Ngā
Pūrongo Taipitopito / Information Reports
5.6 Local
Water Done Well Update May 2026
File
Number: A5771105
Author: Andy
Dowdle, Change Specialist - Organisational Development
Authoriser: Charlie
Billington, Group Manager - Corporate Services
TAKE PŪRONGO / Purpose of the Report
To provide Te Kuaka Committee for Strategic Māori
Relationships (Te Kuaka) with an update on Local Water Done
Well (LWDW) and progress in delivering against the Water Services
Delivery Plan (WSDP) the Far North District Council (FNDC)
approved in August 2025.
WHAKARĀPOPOTO MATUA / Executive SummarY
Council will be asked to approve entry into Northland Waters
Limited (NWL) at an extraordinary council meeting on 20 May 2026. Approval will
also be sought for NWL’s foundational legal documents (the Shareholders
Agreement, Constitution and Transition Agreement)
Within six months of establishing
a Water Services CCO it is a requirement under the Local Government (Water
Services) Act 2025 to set a Statement of Expectations (SOE) between shareholder
councils and the company. The SOE must include shareholder expectations on
priorities, outcomes and community engagement. The SOE will be the principal
mechanism through which Council sets the expectations for working with mana
whenua.
FNDC plans to undertake engagement
with mana whenua in the Far North on the development of the SOE, and Te Kuaka
is invited to contribute to how relationships with NWL, with further reports to
come as drafting progresses
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TŪTOHUNGA / Recommendation
That the Te Kuaka Committee
for Māori Strategic Relationships receive the report Local Water Done
Well Update May 2026.
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tĀHUHU KŌRERO / Background
The Far North District Council entered into a Commitment
Agreement with Whāngārei and Kaipara District Councils on 1 September
2025 that committed all three councils to work together to establish a Water
Services Council Controlled Organisation (CCO) in accordance with the joint
Northland Water Services Delivery Plan (WSDP), submitted to Government in
September (and accepted by the Department of Internal Affairs (DIA) in late
2025).
The WSDP initially targeted 1 July 2026 as the date by which
the new CCO would be formed as a legal entity. The date was later revised by
the Elected Member Steering Group (EMSG) to instead target May 2026 with the
intention of providing more time from when the CCO is formed until it is fully
established as a stand-alone operational entity in July 2027.
Key components of the Commitment Agreement were the creation
of an Elected Member Steering Group, to guide decision making, with three
elected members from each of the participating councils, and the inclusion of
two ‘Commitment Confirmation Points’ at which point each of the
councils could be assured that the interests of their district, and its people,
had been adequately represented during the planning and initiation phase of the
project.
Commitment Confirmation Points were agreed as necessary, by
all councils, because at the time of preparing the WSDP much of the detail
around how the CCO will operate were unclear. Moving beyond Commitment
Confirmation Point 1 (when the legal basis, including shareholding, for the
company had been agreed) was approved by FNDC at the 1 April 2026 Council
Meeting. Council approval to move beyond Commitment Point 2 and to form the CCO
and appoint directors to the company is scheduled for an extra-ordinary council
meeting on 20 May 2026.
After forming the CCO as a company and appointing directors,
the company will seek to recruit a CEO and continue to develop the
establishment plan with detailed costs for the establishment phase of the
programme.
When the CCO is formed and the programme
to establish the CCO moves into delivery, the EMSG will be disbanded
and replaced by a Shareholder Representative Group to oversee and communicate
with the CCO board.
Under the Local Government (Water Services) Act 2025
shareholders must provide a Statement of Expectations (SOE) to the CCO no later
than 6 months after establishment
MATAPAKI ME NGĀ KŌWHIRINGA /
Discussion and Next Steps
A “Statement of Expectations” (SOE) for a water
CCO is a formal document issued by the shareholder councils that sets out what
they expect the water organisation to achieve and how it should operate. The
format and contents of the SOE are defined by the Local Government (Water
Services) Act 2025.
The legislation says the SOE must include
shareholders’ expectations, strategic priorities, desired outcomes, and
relevant planning requirements.
Typically, an SOE will
cover things such as:
· Service
expectations (for water and wastewater)
· Infrastructure
investment priorities
· Community
engagement expectations
· Relationships
with iwi/hapū
Currently, most other councils in Aotearoa that are
establishing Water Services CCOs, have yet to develop a SOE. Selwyn District
Council were the first council to form a CCO under the LWDW legislation. The
expectations for working with mana whenua, and other key stakeholders, in
Selwyn District are below.
Selwyn District Council SOE
Selwyn Water Limited (SWL) is to build strong and
constructive relationships with mana whenua and all key stakeholders. In
particular, this will involve developing relationships with:
· The
Selwyn District community, through
o a
transparent approach to strategic planning;
o regular
public sharing of information outlining intended activities on SWLs website;
o open, collaborative
consultation that focusses on ensuring that directly affected or interested
communities have opportunities to engage directly with SWL (where required)
o providing options for
consumers to directly interface with SWL, including for any customer complaints
or assets failures
o considering
the potential benefit of establishing a community liaison group, and reporting
to Selwyn District Council (SDC) in the first half yearly report as to whether
this is workable;
· Ngai
Tahu, and local Rūnanga, to ensure that:
o Iwi
values and issues are reflected in SWL’s plans and initiatives in
accordance with SDC’s bicultural strategy, Te Rautaki Tikaka Rua
o SWL
partners with iwi where possible and otherwise supports and continues to build
on the existing strong relationship between iwi with SDC.
· Neighbouring
local authorities, the development community across Selwyn District, and all
other third parties that play a key role in water service delivery.
Although not technically a SOE under the LWDW legislation,
the Auckland Council Letter of Expectations for Watercare provides a good
example of how a shareholder council communicates expectations in relation to
mana whenua
Auckland Council
Letter of Expectations (LOE)
Auckland Council Group is committed to upholding its
obligations derived from Te Tiriti o Waitangi and to achieving better outcomes
for Māori. CCOs are expected to share this commitment and contribute to
its delivery, including through (but not limited to)
· reporting on the
delivery of Achieving Māori Outcomes (AMO) Plans as part of the Quarterly
Performance Report. The reporting should include Key Performance Indicators
(KPIs) to track progress over time.
· working with
Ngā Mātārae regarding the review of the Māori Outcomes Fund
and to implement the refreshed Kia Ora Tāmaki Makaurau framework and
strategy. This includes contributing to the design of measures and preparing to
align with the rest of the Auckland Council Group on AMO Plan development,
monitoring and reporting for FY27 onwards
· building strong
partnerships with mana whenua and matāwaka. This includes aligning with
Council’s Mana ki te Mana approach to Māori engagement, where
relationships take precedence over issues or projects. This approach respects
the unique mana motuhake of each Iwi and matāwaka entity by prioritising
their needs and aspirations
· working
collaboratively with Ngā Mātārae and other Māori Outcomes
specialists across the Council Group to take a whole-of-Council-Group approach
to delivering outcomes for Māori. This includes continuing to participate
in Auckland Council-led activities and hui such as the Kia Ora Tāmaki
Makaurau Programme Delivery Board.
Far North District
Council’s approach to mana whenua expectations
The Local Government (Water
Services) Act 2025 provides for the Statement of Expectations to set
district-specific and service-specific arrangements for relationships between a
Water Services CCO and its communities. The Act recognises that the way NWL engages
with mana whenua may differ between districts.
Far North District Council’s
existing relationships and agreements with iwi and hapū are not changed by
entering NWL. Where existing agreements are between Council and iwi or
hapū, those agreements remain with Council. The transfer of operational
responsibility for water services assets to NWL does not transfer the
relationship between Māori and the whenua and wai with which those assets
are associated. That relationship is held by Māori, and Council’s
role as shareholder is to ensure NWL’s stewardship of those assets gives
regard to Te Tiriti o Waitangi, te mana o te wai, and the kaitiaki
responsibilities held by hapū and iwi.
The Establishment Advisory Group
(EAG) has discussed the significance of NWL’s mana whenua relationships,
including the use of independent relationship agreements between NWL and iwi
and hapū in Northland. The expectation discussed with the EAG is that,
following share subscription, NWL would initially continue with existing
council-led working groups, build on Far North District Council’s
existing iwi and hapū relationships, and over time develop its own MOUs
with iwi and hapū as the company matures.
Council intends to undertake
engagement with mana whenua to inform its position on the Statement of
Expectations.
PĀNGA PŪTEA ME NGĀ WĀHANGA
TAHUA / Financial Implications and Budgetary Provision
No budgetary implications
Āpitihanga / Attachments
1. Selwyn
Water Limited SEO - A5773296 ⇩ 
2. Watercare
LOE - A5773300 ⇩
