Description: COAT-ARM Hastings District Council

 

Civic Administration Building

Lyndon Road East, Hastings

Phone:  (06) 871 5000

Fax:  (06) 871 5100

WWW.hastingsdc.govt.nz

 

 

 

 

Open Additional Items

 

A G E N D A

 

 

HDC - Māori Joint Committee MEETING

 

 

 

Meeting Date:

Wednesday, 6 March 2019

Time:

1.00pm

Venue:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

 


TRIM File No. CG-14-14-00081

 

 

HASTINGS DISTRICT COUNCIL

 

HDC - Māori Joint Committee MEETING

 

Wednesday, 6 March 2019

 

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

1.00pm

 

 

A G E N D A

 

 

 

 

12.      Additional Business Items

12A.)  Review of Māori Participation in Council Decision Making             3

 

 

      


File Ref: 19/220

 

 

REPORT TO:             HDC - Māori Joint Committee

MEETING DATE:       Wednesday 6 March 2019

FROM:                        Manager: Democracy and Governance Services

Jackie Evans

Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage

Dr James Graham

SUBJECT:                  Review of Māori Participation in Council Decision Making        

 

 

1.0      SUMMARY

1.1      The purpose of this report is to update the Committee on the outcome of the workshop held with Council on arrangements for Māori participation in decision making.

1.2      The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.3      The objective of this decision relevant to the purpose of Local Government is the inclusion of Māori in the decision making processes of Council.

1.4      This report concludes by recommending that the Council appoints tangata whenua to the Council’s Standing Committees.

2.0      BACKGROUND

Development of the Māori Joint Committee since October 2005

2.1      In 2005 the Committee was established. The terms of reference provided for six elected Councillors, and six Tangata whenua appointments made by Council.  

The context of claims settlement

2.2      The current appointments to the Committee reflect the context of the five claims’ settlement entities in the district, without in anyway purporting to be representative of them.

2.3      Five post-settlement governance entities have settled with the Crown:  Ngāti Pāhauwera, Maungaharuru Tangitū, Ngāti Hineuru, Mana Ahuriri Incorporated and Heretaunga Tamatea Settlement Trust.

3.0      CURRENT SITUATION

3.1      Since 2017 The Committee has been researching and the nature and purpose of their role on the Committee and how Māori participation could be increased to be more effective in decision making.

3.2      Officers have undertaken site visits to other councils, and researched other models to gain an understanding of how Māori participation may be taken into account. There are many different models (see attachment 1). As can be seen a good number of Councils do have Māori appointments to standing committees with full voting rights.

3.3      Officers appreciate that the construction and inclusion of Māori participation in the decision making processes is a significant issue that needs to be taken into account, for example:  unique local political conditions; resource allocation; mutually appropriate processes for appointment; alignment of values and aspirations between a council and mana whenua in a way that is mutually appropriate.

3.4      The appointed members expressed a preference to not be confined in their focus to Māori matters alone: but to be considered for a wider brief of engagement with all of the Council’s activities. A Māori worldview will only add value to decision making.

3.5      Consideration has been given to how appointments to the Committee may be made to include constituents of post settlement governance entities (PSGEs). Although the Committee has worked well up until now, it now needs to evolve to fit the new world of the current iwi/ PSGEs

3.6      As a part of this review process it was considered that the membership and terms of reference for the HDC: Māori Joint Committee should be revised accordingly and refreshed for the 2019-22 triennium. This work is yet to be undertaken.

4.0      Appointments of non-elected members to Council Committees

4.1      The Local Government Act 2002 Part 6 provides for:

 

“Section 81 - Contributions to decision making processes by Māori:

 

(1)    A local authority must-

a.   Establish and maintain processes to provide opportunities for Māori to contribute to the decision making processes of the local authority; and

b.   Consider ways in which it may foster the development of Māori capacity to contribute to decision making processes of the local authority;

c.   Provide relevant information to Māori for the purposes of (a) and (b)”

 

4.2      This is a specific requirement to address the treaty of Waitangi that does not exist for other ethnicities in local government

 

 

 

Role of an elected member

4.3      The LGA 2002 provides guidance on the question about whether elected members act on behalf of their wards or on behalf of the district as a whole, by requiring all elected members to swear an oath before taking up their role

 

4.4      All elected members swear an oath at the inaugural meeting of the council, which states:-

 

I [name] declare that I will faithfully and impartially, and according to the best of my skill and judgement, execute and perform, in the best interests of [name of region district, city, local or community board], the powers, authorities and duties vested in, or imposed upon me as a member of the [name of local authority] by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act”

 

4.1      The oath makes it clear that despite the fact that members may have been elected by a ward, they must make decisions in the interests of the district as a whole. Elected members are drawn from all sections of the community, the Council provides training and support to its governors throughout the political triennium to ensure that they have the skills, attributes and knowledge to participate in good decision making.

4.2      LGA 2002 Schedule 7 Section 31 (3) states

 

The members of a committee or subcommittee may, but need not be, elected members of the local authority, and a local authority or committee may appoint to a committee or subcommittee a person who is not a member of the local authority or committee, if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of a committee or subcommittee.

 

4.3      It will be important for the Council and appointees to ensure that decision making is free of any conflicts of interest that may arise between an appointee’s relationship with their iwi authority and the Council’s obligation to make decisions in the best interest of Hastings District as a whole. It is also essential to not “muddy the water” in terms of the Council’s separate obligation to consult or otherwise work with Māori in particular circumstances.

4.4      There are four Standing Committees of Council:

 

·       Community Development

·       Finance and Risk

·       Strategy Planning and Partnerships

·       Works and Services

4.5      There are also Māori appointments to a number of other regulatory and statutory subcommittees. 

5.0      IMPLICATIONS FOR COUNCIL

5.1      Many Councils have Standing Committees with Māori appointments. Māori members can be full members with voting rights, or be observers, who generally have the right to speak but not vote. Although voting appointments can be made to committees and subcommittees, the legislation does not allow for non-elected members to have a vote at full Council. (Section 41 of theLocal Government Act 2002)

5.2      A critical point to be considered is the matter of accountability:  to whom are appointed members accountable?  If appointments are made to reflect sectors of the community, it is notable that once selected for appointment the focus of participation is to benefit the whole community, not just their interest group or be at risk of conflict of interest.  So it is with elected members:  once they are elected to Council they are there to benefit the community as a whole.

5.3      This does not detract or impede the purpose for the appointments; which is to provide for a Māori perspective into Council decision-making. It is this perspective, if not otherwise reliably present, which strengthens the make-up of the decision-making processes of the Council, and broadens the range of perspective being considered.

           Appointment process

5.4      Criteria and an appointment process will need to be agreed upon. Council could decide to appoint HDC: Māori Joint Committee members to the other Committees if they had the capacity to serve.

5.5      The HDC: Māori Joint Committee full Council workshop agreed in principle on the appointment of tangata whenua members to Council’s standing committees. However, the process for selection and appointments needs to be developed and there were concerns expressed at the workshop about how appointments would be made including the appointment and selection process. There are a number of options for an application and selection process which could include expressions of interest and/or stakeholder referral. Likewise full consideration needs to be given to a selection process to appoint candidates with the appropriate skills, knowledge and attributes from either within or outside the HDC: Maori Joint Committee.

5.6      The HDC: Māori Joint Committee see a real benefit that these appointments will increase the voice, mana and resilience of the committee, and will strengthen and support the council to make more effective and inclusive decisions for the whole community.

6.0      OPTIONS

6.1      Option One: To confirm the principle of appointment of tangata whenua members to the council’s standing committees from the date of the next council meeting and to recommend to council a proposal to appoint one named tangata whenua member of HDC: Māori Joint Committee to each of the Council’s standing committees from the date of the next council meeting.

6.2      Option Two: To confirm the principle of appointment of tangata whenua members to the Council’s standing committees, and to undertake a full review of the current terms of reference and selection process for tangata whenua members of the HDC: Māori Joint Committee to ensure transparency and accountability and future proof Council’s relationships with mana whenua. Appointments to Council’s standing committees would not take place until this work was done, which would potentially be after the 2019 triennial elections.

6.3      Option Three: To confirm in principle the appointment of tangata whenua members to the council’s standing committees across a two stage process. That is adopt Option One as an interim measure whilst undertaking work to achieve Option Two to be implemented following the 2019 triennial elections subject to approval by the incoming Mayor and Council.

6.4      Option Four: To retain the status quo.

7.0      ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

7.1      The HDC: Māori Joint Committee tangata whenua members consider that the appointments should be made from members of the committee for the following reasons that they have:

·       A sound understanding of issues facing council;

·       Skills, experiences and knowledge of te ao Māori / a Māori worldview;

·       An understanding of the way council works; and,

·       Representation across the geographical and hapū boundaries of Council.

7.2   The advantage of making the appointments effective immediately would be to demonstrate the vision and commitment of Council to Māori engagement in decision-making. However, it is recognised that future appointment processes do need to be transparent and accountable to the community.

7.3   If the Committee decides to recommend Option 1 or Option 3 to Council, four names will be needed to make an appointment to each of the four Standing Committees, ideally with a summary of the skills and knowledge that the proposed appointees would bring to the table.

7.3   Consideration will need to be given to appropriate remuneration        for appointed

members of the committee. This has not been budgeted for, but is not likely to have a significant impact on existing budgets.

8.0   PREFERRED OPTIONS AND REASONS

8.1   Option Three is the preferred option as it enables the Council to move forward in its stated aim to engage more effectively with Māori, and future proof Council’s relationships with mana whenua and tangata whenua.

    

 

9.0   RECOMMENDATIONS AND REASONS

A)   That the report of the Manager: Democracy and Governance Services titled Review of Māori Participation in Council Decision Making dated 6/03/2019 be received.

B)   To confirm in principle the appointment of tangata whenua members to the Council’s Standing Committees across a two-stage process. That is, adopt Option One outlined in the report as an interim measure whilst undertaking work to achieve Option Two to be implemented following the 2019 triennial elections, and subject to approval by the incoming Mayor and Council.

C)   That Council be recommended to appoint the following tangata whenua members to the following Standing Committees:

·     Community Development   

·     Finance and Risk              

·     Strategy Planning and Partnerships

·     Works and Services     

 

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for local public services in a way that is most cost-effective for households and business by improving Māori engagement in the Council’s governance and decision making processes.

 

 

Attachments:

 

1

Local Government New Zealand -Council-Maori-Participation- Information published June-2017

CG-14-14-00022

 

 

 

 


Local Government New Zealand -Council-Maori-Participation- Information published June-2017

Attachment 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator