Agenda of HDC - Maori Joint Committee Meeting

Hastings District Council: Māori Joint Committee – Terms of Reference

This Committee is established between the Hastings District Council and Māori.

Context

· The Joint Committee has been established by the Council as a deliberate step taken to assist in the development of sustainable relationships with Māori. Further it is intended the Council meet the intent and spirit of the Council’s obligations set out in the legislation more particularly the obligations of the Local Government Act 2002:-

− towards establishing and maintaining processes that provide opportunities for Māori to contribute to the decision processes of the Council and

− fostering the development of Māori capacity to contribute to those processes and

− the provision of information to assist Māori contribution to Council’s activities.

· The Council wishes the Joint Committee to reflect a spirit of partnership between the Council and the community and to contribute effectively to the Council’s activities. To enable this to occur the Fields of Activity and Delegated Powers are framed with the widest scope possible.

· The Council wishes the Joint Committee to assist it with the development of an integrated policy framework (based on Treaty of Waitangi Principles) for the Council aimed at delivering effective governance, engagement and service delivery for Council’s Māori Communities.

Fields of Activity

· To provide policy advice with respect to the District Plan, regarding provisions for Wāhi Tapu, Papakainga, and where relevant to tangata whenua, any other amendments to the Plan.

· To provide input to the LTP and Annual Plan with particular reference to those issues of importance to Māori from with the District.

· To host Council hui a hapu events held twice a year.

· To provide insight into Māori and other strategic community issues with particular reference to the Long Term Plan, the effectiveness of the District Plan and the delivery of the Annual Plan.

· To consider and recommend Māori capacity building initiatives within budget and resource constraints of the Council.

· To assist the Council as appropriate in conducting and maintaining effective, good faith working relationships with the Māori community including advice on governance arrangements.

· To make decisions as to the allocation of Marae Development Fund grants within the allocated budget.

· To assist the Council with the development of an integrated policy framework and work programme to enable effective governance, engagement and service delivery for Council’s Māori Communities.

Membership (12 Members)

The Mayor.

5 Councillors appointed by the Council.

6 members from Tangata Whenua to be appointed by the Council and Kaumatua, taking into account the “post settlement environment” and Matāwaka.

Election of Chairman and Deputy Chairman:

Chairman – to be elected at the first meeting of the Committee at the beginning of each triennium; and from among the appointed Tangata Whenua members of the committee.

Deputy Chair – to be elected at the first meeting of the Committee at the beginning of each triennium from among the elected members of the committee.

Quorum – at least three Councillor Members and three Tangata Whenua Appointees.

Delegated Powers

Authority to exercise all Council powers, functions and authorities in relation to the matters detailed in the Fields of Activity such as to enable recommendations to the Council on those matters.

Authority to make decisions on the allocation of Marae Development Fund grants within the allocated budget.

Authority to develop procedures and protocols that assist the Committee in its operation, provided that such procedures and protocols meet the statutory requirements of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987 and Council’s Standing Orders.

The Chairman shall not have a casting vote.

Note: The Terms of reference for the Hasting District Council: Māori Joint Committee shall be subject to review by the Joint Committee at its first meeting following each local government triennial election.

CG-14-14-00090 1

COAT-ARM Hastings District Council

Civic Administration Building

Lyndon Road East, Hastings 4156

Phone: (06) 871 5000

Fax: (06) 871 5100

www.hastingsdc.govt.nz

OPEN

M I N U T E S

HDC - Māori Joint Committee

Meeting Date:

Wednesday, 6 March 2019

Minutes of a Meeting of the HDC - Māori Joint Committee

held on 6 March 2019 at 1.00pm

Table of Contents

Item Page No.

1. APOLOGIES 1

2. Conflicts of Interest 1

3. Confirmation of Minutes 2

4. FORUM ITEM : Te Awa o Te Atua Reserve 2

5. Forum Item - 3Waters Review Update 2

12. Additional Business Item 3

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

6. Resignation Shayne Walker 4

7. Omarunui Landfill development planning 4

8. Treaty of Waitangi Workshops 5

9. Te Matā o Rongokako Track Update 5

10. Te Ara Kahikatea - Whakatū Arterial Name 6

11. Te Reo Māori Level One and level Two Courses 6

13. Extraordinary Business Items 7

HASTINGS DISTRICT COUNCIL

MINUTES OF A MEETING OF THE HDC - Māori Joint Committee

HELD IN THE Council Chamber, Ground Floor, Civic Administration Building, Lyndon Road East, Hastings ON

Wednesday, 6 March 2019 AT 1.00pm

Present: Chair: Mr Robin Hape

Councillors Travers, Barber, (Deputy Chair) and Poulain

Messrs Te Rangihau Gilbert, Ms Tracee Te Huia, Mrs Evelyn Ratima and Mr Ngaio Tiuka

Kaumatua: Jerry Hapuku

ALSO Present: Chief Executive (Mr Nigel Bickle)

Pou Ahurea Matua Principal Advisor: Relationships, Responsiveness and Heritage – (Dr James Graham)

Group Manager: Asset Manager (Mr C Thew)

Group Manager: Planning and Regulatory (Mr J O’Shaughnessy)

Manager: Democracy and Governance Services (Mrs J Evans)

Committee Secretary (Mrs C Hunt)

AS REQUIRED: Te Muri Whaanga (Item 4)

Troy Brockbank, WPS Opus (Item 5)

Toni Goodlass, Hawke’s Bay LASS (Item 5)

Peter Paku (HDC:Tangata Whenua Wastewater Committee Member) (Item 5)

Kaumātua Jerry Hapuku gave the opening Karakia.

1. APOLOGIES

Councillor Barber/Councillor Travers

That apologies for absence from Shayne Walker, Mayor Hazlehurst and Councillors Lawson and O’Keefe be accepted.

CARRIED

An apology from Tania Kupa-Huata HDC:Tangata Whenua Wastewater Committee Member was noted for Item 5.

2. Conflicts of Interest

There were no declarations of conflicts of interest.

3. Confirmation of Minutes

Mr Hape/Councillor Travers

That the minutes of the HDC - Māori Joint Committee Meeting held Wednesday 28 November 2018 be confirmed as a true and correct record and be adopted.

CARRIED

FORUM ITEM : Te Awa o Te Atua Reserve

(Document 19/207)

Te Muri Whaanga presented the booklet “Ngā Tikanga o Te Harakeke (Preparation and harvesting of Flax) which contained contacts and tikanga protocols and a resource for Ngāti Kahungunu weavers.

Ms Te Huia/Mrs Ratima

A) That the report of the Pou Ahurea Advisor: Responsiveness, Relationships & Heritage titled “FORUM ITEM : Te Awa o Te Atua Reserve” dated 6/03/2019 be received.

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 (good quality local infrastructure)

· The Kaupapa is to retain indigenous mātauranga of harakeke, ensuring the product is well cared for and correct protocols are protected are maintained. If the protocols are kept a plentiful supply of harakeke for present and future weavers will be confirmed.

CARRIED

Tangata Whenua Members (Evelyn Ratima, Peter Paku and Tania Kupa-Huata) of the HDC: Tangata Whenua Joint Waste Committee were invited to the presentation of the 3Waters Review Update.

Forum Item - 3Waters Review Update

(Document 19/193)

Mr Brockbank advised that Morrison Low were undertaking the 3Waters Review on behalf of Hawke’s Bay Local Authority Shared Services (HBLASS) and he had been engaged from WPS Opus to support Iwi Engagement.

The Government was reviewing how to improve the management of drinking water, stormwater and wastewater (3Waters) to better support New Zealand’s prosperity, health, safety and environment.

Mr Brockbank displayed a powerpoint presentation (CG-14-4-00084) on the background of 3Waters and the need to have cultural input.

Central government’s major outcomes:

· Safe, acceptable (taste, colour, smell) and reliable drinking water

· Better environmental performance for our water services

· Efficient, sustainable, resilient and accountable water services

· Achieving these aims in ways our communities can afford their water bills

Mr Brockbank advised the first approach for the review was to work with councils, next stage based on feedback how best take on next engagement with wider communities.

He sought feedback from the Committee on what was regionally important to Māori and key issues for iwi and Māori.

Points highlighted included:

· Partnership – what need as Māori equity and delivery in community

· Quality of water – issues around chlorine

· Affordability – do not want water charges for the district.

· Report on assets and principles shared

· Terminology – 3 waters infrastructure needs to be clear.

· Primary concern around regulation

· Regional option seems logical

· No water metering

· Māori values

· Māori dimension around water – resourcing and flowback to iwi and hapū

· Cannot view Māori aspirations as just culture

· Important there is Treaty context within cultural aspect

· Each water is a wānanga itself

· Māori engagement this is default forum need to reflect on all people manu whenua. The Committee was not the forum for engaging with Māori, need to make direct contact with groups.

· Intergenerational wealth – is not money

Ms Te Huia/Councillor Poulain

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Forum Item - 3Waters Review Update” dated 6/03/2019 be received.

CARRIED

With the agreement of the meeting the Additional Business Item 12 was taken out of order.

12.

ADDITIONAL BUSINESS ITEM (Document 19/175)

12A.

Review of Māori Participation in Council Decision Making

(Document 19/220)

The Manager: Democracy and Governance Services, Mrs Evans updated the Committee on the outcome of the workshop held with Council on arrangements for Māori participation in decision making. The HDC: Māori Joint Committee full Council workshop agreed in principle on the appointment of tangata whenua members to Council’s standing committees.

Appointments made would be until the triennial elections in October 2019. Any decision for future arrangements would be up to the incoming Mayor and Councillors following the election.

Mr Hape/Councillor Barber

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) That the HDC : Māori Joint Committee recommend to Council that it agrees to the appointments of tangata whenua members, with voting rights to the Hastings District Council Standing Committees.

C) That the HDC : Māori Joint Committee recommend to Council that the following tangata whenua members be appointed to the following Standing Committees from 28 March 2019:

Community Development	Evelyn Ratima
Finance and Risk	Ngaio Tiuka
Strategy, Planning and Partnerships	Tracee Te Huia
Works and Services	Te Rangihau Gilbert

D) That the HDC: Māori Joint Committee review the current Terms of Reference and membership for the 2019-2022 triennium

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.

CARRIED

Resignation Shayne Walker

(Document 19/152)

Councillor Barber/Ms Te Huia

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Resignation Shayne Walker” dated 6/03/2019 be received.

B) That the HDC : Māori Joint Committee accept the resignation of Shayne Walker.

CARRIED

Omarunui Landfill development planning

(Document 19/152)

The Group Manager: Asset Management, Mr Thew sought guidance from the Committee on the future planning and consultation in regards to the development of the Omarunui landfill.

It was noted that consultation also be undertaken with Mana Ahuriri and Marae at Waiohiki, Ahuriri, Ōmahu and Moteo Pā

Mr Tiuka/Councillor Barber

A) That the report of the Group Manager: Asset Management titled “Omarunui Landfill development planning” dated 6/03/2019 be received.

CARRIED

Treaty of Waitangi Workshops

(Document 19/174)

The Pou Ahurea Matua – Principal Advisor: Relationships, Responsiveness and Heritage, Dr Graham updated the Committee on the cultural development programme. A second Treaty of Waitangi Workshop would be held in May 2019 for Councillors and the Leadership Team. With a workshop also planned for Council senior or middle managers.

Ms Te Huia/Mr Gilbert

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Treaty of Waitangi Workshops ” dated 6/03/2019 be received for information.

With the reason for this recommendation being that the objective of the decision will contribute to meeting the current and future needs of communities and the staff at Council in a way that ensures that the Treaty of Waitangi is applied across all facets of Local Government; and,

· That the objective of the decision will contribute to effective local decision making and action by, and on behalf of communities.

CARRIED

Te Matā o Rongokako Track Update

(Document 19/175)

The Pou Ahurea Matua – Principal Advisor: Relationships, Responsiveness and Heritage, Dr Graham advised that 11, 12 and 13 June 2019 had been set for the Hearing. A tentative timeline (CG-14-14-00088) for the hearing would be circulated to members.

The Group Manager: Planning and Regulatory Services advised that the Commissioners appointed to the Hearing were Rauru Kirikiri and Paul Cooney.

Councillor Barber/Mrs Ratima

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Te Matā o Rongokako Track Update” dated 6/03/2019 be received.

With the reasons for this decision being that the objective of the decision will contribute to effective local decision making and action by, and on behalf of communities, and the decision will contribute to meeting the current and future needs of communities by:

i) Ensuring that committee is properly informed of the progress to date on the full track remediation on Te Matā o Rongokako and the proposed process that will follow.

CARRIED

10.

Te Ara Kahikatea - Whakatū Arterial Name

(Document 19/176)

The Pou Ahurea Matua – Principal Advisor: Relationships, Responsiveness and Heritage, Dr Graham updated the Committee on the approved name of the new arterial route constructed between State Highway 2 North and Pākōwhai Road, which was officially opened on Saturday February 23 and named Te Ara Kahikatea.

Ms Te Huia/Councillor O'Keefe

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Te Ara Kahikatea - Whakatū Arterial Name” dated 6/03/2019 be received.

With the reasons for this decision being that the objective of the decision will contribute to good quality local infrastructure in a way that is most cost-effective for households and business by:

i) Providing the name Te Ara Kahikatea to this new road clearly resonates with a sense of place, a sense of history, and the empowerment of the wider community on a collaborative journey that has linked Council, mana whenua and other key stakeholders throughout the project including the enablement of both business’ and households to better access and travel throughout this area.

CARRIED

11.

Te Reo Māori Level One and level Two Courses

(Document 19/177)

Ms Te Huia/Mr Gilbert

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Te Reo Māori Level One and level Two Courses” dated 6/03/2019 be received for information.

With the reason for this recommendation being that the objective of the decision will contribute to meeting the current and future needs of communities and the staff at Council in a way to ensure that te reo Māori is preserved as a taonga of great value to Aotearoa New Zealand.

CARRIED

13. Extraordinary Business Items

There were no extraordinary business items.

________________________

Karakia: Te Rangihau Gilbert

The meeting closed at 4.10pm

Confirmed:

Chairman:

Date:

File Ref: 19/508

REPORT TO: HDC - Māori Joint Committee

MEETING DATE: Wednesday 22 May 2019

FROM: Pou Ahurea Advisor: Responsiveness, Relationships & Heritage

Rosemary Smith

SUBJECT: Te Kura Nui - The Māori Cultural Responsiveness Framework

1.0 SUMMARY

1.1 The purpose of this report is to update the Committee about the Māori Cultural Responsiveness Framework.

1.2 This update arises from consideration of future implementation of the Māori Cultural Framework across the Hastings District Council.

1.3 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.

1.4 This report concludes by recommending the committee accepts this report.

2.0 BACKGROUND

2.1 The Māori Joint Committee Terms of Reference (resolved at Council meeting 20 April 2017) state that the Māori Joint Committee is to assist with the development of an integrated policy framework (based on the principles of the Treaty of Waitangi) for the Council, aimed at delivering effective governance, engagement and service delivery for Māori within the District.

2.2 The Terms of Reference state that the Māori Joint committee develops, updates and recommends to Council a policy framework and work programme, currently called Te Kura Nui - Māori Responsiveness Framework.

2.3 In 2018, Council agreed, in conjunction with the development of a te reo Māori plan, that it review and format the framework to account for changing Council environments and cultural awareness and development programmes being undertaken.

2.4 The goal was that Te Kura Nui would be actively used across all Council group services to inform best practice service delivery, resulting in improved cultural outcomes and continuous quality improvement. It would also give Council staff an opportunity to respond to the Treaty of Waitangi in practical, measurable and meaningful ways within Council settings.

2.5 The format reported against in 2015 considered four pou – Governance and Relationships, Culture and Identity, Prosperity and Wellbeing, Resources and Infrastructure.

2.6 Te Kura Nui has elements that explain the overarching philosophy that is inherently tied to the Treaty of Waitangi and to the organisational values of the Hastings District Council. It links to Te Ara o Tawhaki, the sequential staircase framework that is utilised by the workforce to develop their respective cultural responsiveness journeys.

2.7 This report accounts for development of Te Kura Nui (see attachment one)

3.0 CURRENT SITUATION

3.1 The redrafting of Te Kura Nui is in progress. Information and Technology Services, media / communications, customer services and the Pou Ahurea are currently working with Information Leadership Group (a Christchurch-based Gold Microsoft Partner) to re-design Sharepoint Infokete the internal staff noticeboard. Te Kura Nui, the cultural framework will be positioned on the front page where the assessment framework can be easily accessed and reported against.

3.2 The cultural responsiveness implementation framework concept allows for accessibility and annual active participation.

3.3 The Pou Ahurea Matua and Pou Ahurea will manage and coordinate the framework process.

3.4 Each group service will actively participate in the process including: identification and allocation of responsibilities to actively manage the process within their service

3.5 Completion of a service ‘self-assessment’ using the framework every three years.

3.6 Development and agreement with the Pou Ahurea team of an action plan within six months of completing the self-assessment.

3.7 Participate in training to inform the development and appropriate delivery of the action plan

3.8 Participation in a collaborative process of monitoring progress and promoting ongoing improvement.

3.9 The relevant Group Services Manager or Management Team approves the configuration of services that will complete the self-assessment and confirms responsibilities for doing so.

3.10 Pou Ahurea works with Quality and Risk and Human Resources and agrees roles and responsibilities for supporting the completion of the self-assessment and subsequent action plan by the service.

3.11 Pou Ahurea and Human Resources agrees roles and responsibilities for action planning, training and ongoing monitoring and improvement working in collaboration with the identified services person(s).

3.12 Pou Ahurea works with the Communications team to prepare an initial communications package that is of a professional standard.

3.13 Implementation of Te Kura Nui will be inclusive of the CE’s Office, Economic Growth and Organisation Improvement, Asset Management, Community Facilities and Programmes and Planning and Regulatory Services.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 Treaty of Waitangi principles have come to form integral considerations in the development of Māori social policy and strategy setting.

4.2 The principles articulated by the Royal Commission on Social Policy are:

· Partnership – working together with iwi, hapū, whānau and Māori communities to develop strategies for gain across appropriate services

· Participation – involving Māori at all levels in decision-making, planning, development and delivery of services

· Protection – working to ensure Māori have at least the same level of access to services as non-Māori and safeguarding Māori cultural concepts, values and practices.

4.3 These principles form the basis of Te Kura Nui, the Hastings District Council’s cultural responsiveness framework as policy documentation to support implementation into practice at all levels of the organisation.

4.4 Key responsibilities in partnership with the Māori Joint Committee are to continue to provide advice, direction, guidance and support with respect to service planning and development. The Framework provides a systemic management tool to support services to achieve effective Treaty of Waitangi responsiveness with support and encouragement.

4.5 This Framework addresses the significance of the matter in terms of the Council’s Significance and Engagement Policy in terms of Council’s operations.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Pou Ahurea Advisor: Responsiveness, Relationships & Heritage titled “Te Kura Nui - The Māori Cultural Responsiveness Framework” dated 22/05/2019 be received.

Attachments:

Te Kura Nui HDC May 2019

CG-14-14-00093

File Ref: 19/478

REPORT TO: HDC - Māori Joint Committee

MEETING DATE: Wednesday 22 May 2019

FROM: Pou Ahurea Advisor: Responsiveness, Relationships & Heritage

Rosemary Smith

SUBJECT: Activities update

1.0 SUMMARY

1.1 The purpose of this report is to update the Committee about continuing project work.

1.2 This report concludes by recommending the committee accepts this report.

2.0 BACKGROUND

2.1 The Council decision to accept the Māori Joint Committee’s recommendation for [Committee] tangata whenua representation on the Council Standing Committees ratified on March 28^th has received a range of responses. These responses have ranged from negative, ignorant and uninformed letters, texts, and articles in the Hawke’s Bay Today newspaper, to positive and vibrant responses from iwi (see attachment one), individuals, and other territorial authorities. Social media was also a popular medium for endorsing the decision by Council, although there were those too who vented their disagreement, and often with comments that again were ill-informed. It is also heartening to be contacted by other territorial authorities seeking our guidance and advice on the similar journeys that they are embarking on in order to increase and sustain Māori participation in local government contexts. We congratulate the members once again on their elevation to the respective Standing Committees of Council and thank those who have attended their hui thus far. Part of the conversation moving forward around this representation now is the issue of remuneration for additional time of the tangata whenua members spending extra time on Council business.

2.2 The first draft of the Council Māori Language Plan has been completed. The Pou Ahurea has consulted with Te Taura Whiri o Te Reo Māori, Wellington City Council, Wairoa District Council, Te Kura Whakarauora and Ngāti Kahungunu Iwi Inc. on its content, design, reo accuracy and format. The plan will be completed to coincide and be presented with Te Wiki o Te Reo Māori 2019 celebrations in September.

2.3 Te reo classes – levels one and two – are well underway as they enter into the final phase for 2019. Level 2 class is slightly advanced as they are extend pepeha to whakapapa (whakahua pepeha, whakahua whakapapa and whakahua kōrero mōna anō).

2.4 The aim is to connect with mana whenua through the land, the environment, prominent places and people of the area. Level two’s second noho marae is taking place the weekend of 10 May where HDC tauira (students) will connect with other EIT-enrolled tauira that together number approximately 150.

2.5 The Waipatu Community Plan has been drafted after multiple consultation hui with local residents. A draft action plan was presented to the community on the 28 April 2019. Work is yet to be finalised and collectively approved before it can be presented to Council.

2.6 Milestone One report of the Bridge Pā Long Term Plan has been received from the Mangaroa Marae Committee. The project team chose a research framework that took into consideration the tikanga of the research and the need to incorporate whakapapa, tika, manaakitanga and mana into its design and processes.

2.7 The methodology would then put at the front the cultural heritage and history of the community, allowing meaningful recommendations to move the community towards achieving priorities and its potential. As such, the findings would inform long term relationships between diverse sectors of Hastings and Council itself. In saying that, the Bridge Pā plan puts the voice of the community at front and centre ensuring both Māori (mana whenua and mātaawaka) and Pākehā (multi-generational, recent arrivals and visitors) have input into the shape of the research (see attachment two).

2.8 Recruitment for staff IronMāori 2019 participants is underway as we look for entrants to the Kaumatua 3km walk and Quarter IronMāori team events. In 2018, HDC entered 10 Kaumatua and three teams however, with this early start we are wanting to improve those numbers. Participants included Kaikaunihera/Councillors, LMT members and a range of staff from across all services. Information for those interested has been posted on InfoKete and will continue to be. The event is held in November so there is plenty of time to register and support this event with HDC.

2.9 Regular contact by whānau with Customer Services and Reception often results in calls and emails to the Pou Ahurea, either as notification of ongoing issues coming to the front desk or as policy determines the enquiry is passed to relevant officers.

2.10 Often our whanau are concerned with the lack of response from HDC staff and feel they are being marginalised and passed off. The Pou Ahurea has good relationships with both front desk and call centre staff and is able to reassure whanau this is not the case.

2.11 Often the issue is to do with the Māori Land Court, Te Puni Kokiri, or Te Taiwhenua o Heretaunga which are out of our jurisdiction to advise, however, rates rebates, traffic infringements, papakainga development or even marae settlement questions are dealt with. Council has a small number of repeat callers or visitors who are brought to our attention with their request for intervention.

3.0 RECOMMENDATION

That the report of the Pou Ahurea Advisor: Responsiveness, Relationship and Heritage titled “Activities Report” dated 28 May 2019 be received.

Attachments:

1	Koha to the world	CG-14-14-00091
2	Strategies & Development Projects - Arts, Architecture, Cultural & Heritage - Marae Development - Bridge pā Community Plan Report	STR-1-9-19-90

File Ref: 19/477

REPORT TO: HDC - Māori Joint Committee

MEETING DATE: Wednesday 22 May 2019

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

Dr James Graham

SUBJECT: Māori Joint Committee Tangata Whenua [Replacement] Membership

1.0 SUMMARY

1.1 The purpose of this report is:

· To engage the Māori Joint Committee in preliminary discussion on the appropriate appointment process of tangata whenua members to the Committee so that moving forward as the new triennium approaches, the Committee can make a recommendation to Council on the appropriate process.

1.2 This report arises from one of the tangata whenua seats on the Committee being vacated by Shayne Walker at the start of 2019.

1.3 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 enable democratic local decision-making and action by, and on behalf of, communities

1.4 While this decision is principally administrative and relates to Council’s governance and decision-making arrangements in carrying out the purpose of local government, in particular this decision addresses the intent to maintain and improve opportunities for Māori to contribute to local government decision-making processes, and to facilitate participation by Māori in local authority decision-making processes.

1.5 This report concludes by recommending that the Committee receive the report.

2.0 BACKGROUND

2.1 The current Terms of Reference for the Joint Committee were adopted by the Council on 8 November 2016 (ie this was the reconvened date of the Inaugural Council meeting which commenced on 26 October 2016). They reflect the provisions that were in place for the previous triennium. The Council’s committee structure established under the provisions of the Local Government Act 2002 and more directly under the provisions of Schedule 7.

2.2 Essentially the use of a committee structure is to enable governance decision-making to occur in a timely and responsive manner so as to allow the business of the Council to operate efficiently and effectively while ensuring democracy principles are given appropriate cognisance.

2.3 In the case of the HDC: Māori Joint Committee, the structure provides one avenue to enable Māori input into the Council’s decision making process.

2.4 The committee structures used by councils throughout New Zealand have many variations reflecting the “local” flavour and preferences of the communities the particular councils serve.

3.0 CURRENT SITUATION

3.1 At the most recent Committee meeting, the resignation of Shayne Walker was accepted meaning that a vacancy existed that needed to be filled at some point; either now and this late in the triennium, or later post the elections and early in the new triennium.

3.2 At the meeting and the Council meeting that followed a couple of weeks later, the Council resolved to ratify the HDC: Māori Joint Committee recommendation and agreed to the appointment of tangata whenua members, with voting rights to the Hastings District Council Standing Committees. The following tangata whenua members were appointed to the four Council Standing Committees from 28 March 2019:

Community Development	Evelyn Ratima
Finance and Risk	Ngaio Tiuka
Strategy, Planning and Partnerships	Tracee Te Huia
Works and Services	Te Rangihau Gilbert

3.3 Council also recommended that the HDC: Māori Joint Committee review the current Terms of Reference and Membership for the upcoming 2019-2022 triennium. The current Terms of reference are attached (see Attachment 1).

4.0 OPTIONS

4.1 According to the Terms of Reference, the current criteria stipulates that:

· 6 members from within the Māori Community are to be appointed by the Council and Kaumātua, taking into account the “post settlement environment” and Mātāwaka.

4.2 This is essentially a matter for the Committee to consider within its understanding of the role that it plays in the Councils decision-making framework.

4.3 With one meeting to follow in August before the end of the triennium, the Committee could consider and discuss this important issue today and looking forward, charge officers with the task of preparing options to be presented at the Committee’s August hui with the key issue to be navigated being:

· What is the appropriate appointment process to recommend to Council?

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 This matter is likely to be of some public interest, however seeking any further community views is not considered necessary and this matter can be determined by Council and kaumātua (as per the current Terms of Reference) after considering the Significance and Engagement Policy for the following reasons:

· The fundamental democratic decision making process is not altering consequentially from that which the community has endorsed;

· The making of Māori appointments would be consistent with Council’s approach, and legislative intent to enhancing Māori participation in decision making; and,

· The decision is consistent with the intent of Council’s Māori Responsiveness Framework - Te Kura Nui.

6.0 RECOMMENDATIONS AND REASONS

A) That the report of the Pou Ahurea Matua - Principal Advisor: Relationships, Responsiveness and Heritage titled “Māori Joint Committee Tangata Whenua [Replacement] Membership” dated 22/05/2019 be received.

With the reason 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:

HDC Maori Joint Committee proposed terms of reference - 5 April 2017 - Resolved at Council meeting of 20 April 2017

CG-14-14-00020

File Ref: 19/506

REPORT TO: HDC - Māori Joint Committee

MEETING DATE: Wednesday 22 May 2019

FROM: Principal Advisor: District Development

Mark Clews

SUBJECT: Greater Heretaunga/Ahuriri Freshwater Catchments -TANK Process and Draft Plan Change

1.0 SUMMARY

1.1 The purpose of this report is to inform the Committee of the Council’s input on a Draft Change to the Regional Resource Management Plan (RRMP) for land and water management in the Greater Heretaunga/Ahuriri Freshwater catchments.

1.2 This issue arises from a collaborative stakeholder engagement process run by the Hawke’s Bay Regional Council (HBRC) to implement the 2014 National Policy Statement for Freshwater Management (NPSFM) in the Tutaekurī, Ahuriri, Ngaruroro and Karamū (TANK) catchments. Under the Resource Management Act (RMA) the HBRC is required to consult with various statutory bodies including the Territorial Authorities (and Iwi Authorities) in its region before publicly notifying a proposed plan change. HBRC released a pre-consultation draft in February for this purpose and to consult informally with other stakeholders.

1.3 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, effective and appropriate to present and anticipated future circumstances.

1.4 The objective of this decision relevant to the purpose of Local Government is the performance of the HBRC’s regulatory functions under the Resource Management Act and the National Policy Statement on Freshwater Management as it affects this Council’s interest as a stakeholder. This includes the provision of good quality water and stormwater services, and the potential impacts the regulatory outcomes may have on the District’s economic social and environmental wellbeing.

1.5 The subject matter of the report is also directly related to the Council specific objectives in the table below.

1.6

Local Infrastructure

· Infrastructure supporting economic growth

· Industrial development opportunities

· Resilience to hazards and shocks

· Sustainable use of land & water resources

· Healthy drinking water and sanitary services

Local Services

· Supporting and attracting business

· Building a resilient and job rich local economy

· A community which wastes less

Regulatory Functions

· Healthy waterways

1.7 This report concludes by recommending that the report be received and the Committee notes the submissions to the Regional Planning Committee on the matters raised in this report made by the Chief Executive under delegated authority.

2.0 BACKGROUND

2.1 Implementation of the NPSFM is largely the HBRC’s responsibility with the primary policy instrument being the Regional Resource Management Plan (RRMP). The NPSFM requires regional councils to set freshwater objectives, water allocation limits and water quality targets for every water body in their region, including aquifers and wetlands in order to maintain and improve water quality.

2.2 In this case the Regional Council adopted a combined catchment approach to reflect the interconnectedness of the Heretaunga Plains aquifer and the surface water resources in these TANK catchments as shown in Figure 1 below.

2.3 85% of Hawkes Bay people live, work and play within this catchment footprint. A range of community held and ecosystem values rely on adequate water levels and flows to be maintained within water bodies, but the community also values water for a range of abstractive uses such as domestic water supply, irrigation for a range of purposes including food and wine production; māra kai, food processing, stock watering and municipal supply.

2.4 Ngāti Kahungunu regard water as a taonga. This also aligns with Council’s own philosophy, but access to water is also a critical component in realising the productive capacity of the versatile Heretaunga Plains soils for food and fibre production.

2.5 The prosperity of the Region’s rural and urban populations is dependent upon the land based primary industries and some significant processing industries rely on a secure supply of primary produce and access to reliable and clean water for processing. It is important therefore that the right balance between protection and use is found and agreed upon.

Figure 1 TANK Catchments

2.6 In view of this the HBRC elected to use a stakeholder based collaborative planning exercise to determine how water bodies within the TANK catchments should be managed to meet the diverse interests and needs of the community. The TANK group was established in 2012 and comprises over 30 groups and organisations representing a spectrum of water users, environmental interests, recreationalists and Tangata whenua/mana whenua groups. The process included Hastings District and Napier City Council officer participation. Industrial abstractors reliant on their own bores instead of municipal supply were not however, specifically represented.

2.7 Council was represented on the TANK Group by the Principal Advisor, District Development and since the middle of 2017 Council’s Group Manager Asset Management has also attended meetings to ensure Council’s roles and interests as a territorial authority as set out below are represented:

· Abstracting groundwater for municipal supply and discharging urban stormwater to freshwater receiving bodies

· Having land use planning responsibilities under the RMA that affects freshwater

· Advocating for district rural and urban dwellers economic and social wellbeing where this is dependent upon water quality and quantity.

3.0 CURRENT SITUATION

3.1 The TANK Collaborative process has now drawn to a close and a Draft Plan Change was presented to the Regional Planning Committee of the HBRC on 15 August 2018. This was hastened by the application for a Water Conservation Order (WCO) for the Ngaruroro River. The Special Tribunal appointed by the Minister for the Environment to hear and determine it, deferred temporarily the hearing on the lower reaches, to allow the TANK process to conclude so that any consensus reached could be considered in their deliberations. The Tribunal completed it hearings on 3 April and are now considering their recommendation to the Minsters of Conservation and the Environment.

3.2 Notwithstanding the WCO, the role of the TANK Collaborative Stakeholder Group was to provide the HBRC’s Regional Planning Committee (RPC) with consensus recommendations regarding objectives, policies and methods, including rules, for a new chapter of the RRMP. The RPC had previously agreed to have particular regard to any TANK consensus outcome, if one emerges.

3.3 The RPC completed its initial deliberations on the Plan Change in December last year and released a draft for informal pre-notification consultation in February. The HBRC is required under the RMA to consult specifically with the Territorial Authorities within its region during the preparation of any proposed plan change and requested the Council’s feedback on the draft change by 31 March 2019.

3.4 In considering it’s feedback Council needed to be cognisant that the plan is required to give effect to national and community values for freshwater, but that compulsory values have been set by the NPSFM for ecosystem health and human health for recreation, which is an important direction to be borne in mind at every step in the process.

3.5 The NPSFM requires that regional councils set limits and targets, include measures that prevent or reduce over-allocation, both in relation to water quantity and the capacity of the environment to assimilate diffuse discharges from land use on water quality. Over-allocation means that the ecosystem needs of the water body are not being met and/or that abstractive users are subject to uncertain security of supply in the case of water quantity.

3.6 Once sustainable limits have been set to protect instream values, the plan must manage the allocation and re-allocation of the water available for abstraction and the application of nutrients to land in an equitable way among a wide range of water users. It should also enable users to manage the use of allocable water in efficient and cost effective ways so that the allocation can generate the most benefit for the community (without the HBRC necessarily picking winners).

4.0 Councils Consideration

4.1 Council has had two workshops on the Draft plan change and possible responses to the challenges for water allocation and management it represents or poses for the council and community. Overview and Discussion Papers prepared for those workshops are available for members by way of further elaboration if desired, but this report covers the Council’s response at a higher level.

4.2 The Council’s concerns with the Plan Change relate to the provisions concerning water quantity limits and allocation provisions, rather than quality concerns (where there is largely a consensus of views), both in terms of irrigation demand on the Heretaunga Plains and in terms of its own core responsibilities for municipal water supply. This is where the major economic limitations are likely to bite, but with less certain and demonstrable benefits for instream fauna and flora, given our naturally occurring summer/winter weather extremes.

4.3 The Draft Plan Change will cap allocation to existing use in the first instance, subsequently claw back over-allocation where that exists, and only provide for the offsetting of existing stream depletion effects through storage and/or aquifer fed stream flow enhancement, at least initially. This will leave no room for growth, or intensification of land based production and associated processing industries.

4.4 Allocation for municipal supply to deal with urban growth will also likely be limited, meaning this will not be a ready source of alternative water for industrial processing use in lieu of new bores, or increased takes from existing bores. Indeed, it appears at present that municipal needs associated with growth will also potentially need to be met through storage with potentially greater pragmatic and cost difficulties.

4.5 Until the re-allocation to existing use is completed and a review of sustainable allocation completed alongside feasibility studies for water storage and flow enhancement, there simply will not be any available water for intensification or new use. This could take ten years to complete.

4.6 While these are significant issues for the Council it needs to be recognised that there is now a new reality around freshwater resources nationally and within the Heretaunga Catchments as a result of:

· Greater National Direction on freshwater management, urban development and protection of versatile soils.

· Heightened public awareness and expectations on quality

· Groundwater /surface water connectivity in the TANK catchments is much greater than previously understood

· The scale of potential over-allocation versus actual allocation is better understood in the TANK catchments

· Greater understanding of abstraction effects on groundwater and surface water levels in the TANK Catchments

· Increased innovation in water use and allocation management

· Integration of 3 waters thinking and Government Review

4.7 These are longer term enduring changes that present challenges which will not be met by taking a short or even medium term view. These are fundamental shifts that cannot be satisfactorily addressed through a modified business as usual approach. Not only do we need to change how we view and use water resources, we also need to review what represents desirable economic development/growth when it involves the use of scarce resources such as water and versatile soils of the Heretaunga Plains. Increasingly decisions about land and water will need to be made against backdrop the government’s desire to move New Zealand towards a low carbon economy as signalled by through the Carbon Zero Bill.

4.8 Accordingly it was the officers’ advice to the Council that it should take a positive, rather than a combative, approach to responding to the plan change. Specifically it should be seeking changes to the plan change that will better enable the Council to take a longer term strategic approach that works within the limitations of the current water resources, and to facilitate growth through investment in augmentation, innovation and excellence in water management, as well as leading a sea change in community awareness and behaviour.

4.9 The Council has therefore endorsed officers commencing work on a fifty year intergenerational water strategy that is underpinned by the following (but still draft) high level principles that have been conceptualised through engagement to date with local landscape cultural narratives, dialogue with mana whenua / tangata whenua, and relevant literature:

· Kaitiakitanga - Intergenerational - sustainable growth through excellent leadership and guardianship - providing enough for now while creating room for the future. Smart growth, innovation and water excellence to facilitate population growth and prosperity.

· Toitū te Taiao – Sustainable – economic objectives and environmental outcomes are complimentary - economy within sustainable environmental limits and approaches, rather than holding to current levels. People/ animals/environment share impacts and benefits of life-giving waters.

· Te Ararau – Adaptable - resilience, multiple pathways – flexibility within parameters to change and evolve to new opportunities beyond our current practice. Potential infrastructural investment in sustainable resource use to meet growth objectives.

· Oranga Hapori – Societal - community wellbeing – HDC takes a lead role in working with others, taking our people with us, whilst recognising different perspectives to improve water availability for our community.

· Mana Taurite – Equitable -accessibility, affordability and equity for our community as a basic right embodying needs before wants, fairness for all, cultural recognition & redress

4.10 On this basis a multi-disciplinary team of officers and consultants prepared some suggested comments on the draft plan change for a suggested submission to the HBRC. This was ultimately endorsed by the Council as its formal comments as set out in Attachment 1. They take the approach that there are provisions that should be supported, but also provisions that Council holds concerns about that require amendment if they are to enable the Council and community to better rise to the challenges of growing within the limits of the water resource. In summary the suggestions seek amendments to:

· Recognise the nature of urban growth demands and nature and frequency of changes are different to other sectors and therefore require different management tools.

· Recognise HPUDS as minimum demand for planning for municipal growth, but that changes are inevitable and need to be responded to positive.

· Acknowledge it is reasonable to reserve some unused allocation as a means of enabling for independent industrial/community growth and use of water on versatile soil and in addition to municipal growth.

· Greater clarity and flexibility around activity status for municipal takes

· Stronger commitment to investigate increasing or decreasing groundwater abstraction with mitigation to establish a sustainable equilibrium.

· Greater flexibility for transfers of allocated water as a means of enabling opportunity provided they do not result in an increase in water abstraction, including for and between municipal use.

· Provide for TAs to manage some allocations on a collective basis for urban activities not supplied from municipal as a means of enabling opportunity while managing water use.

· Greater clarity and flexibility in relation to stormwater performance.

5.0 PREFERRED OPTION AND REASONS

In adopting the comments on the Draft Plan Change the Council also endorsed officers commencing work on a 50 year intergenerational water management strategy. The purpose of the strategy is to facilitate economic and urban growth within acknowledged limits on the available fresh water resources. It is anticipated that progress on the strategy preparation will be reported to the Joint Committee at regular intervals for input.

6.0 RECOMMENDATIONS AND REASONS

A) That the report of the Principal Advisor: District Development titled “Greater Heretaunga/Ahuriri Freshwater Catchments -TANK Process and Draft Plan Change

B) That the Committee note that pursuant to section 3 1) c) of the Resource Management Act Council the Chief Executive acting under delegated authority made comments to the Hawke’s Bay Regional Council on its Draft Plan Change 9 to the Regional Resource Management Plan as set out in Attachment 1 (EXT-11-02-19-874) to the report in (A) above.

C) That the Committee notes that the Council endorsed officers commencing work on an intergeneration water strategy to help facilitate economic and urban growth within the limitations of current and future freshwater resources of the Heretaunga Plains.

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 good quality local infrastructure performance of regulatory functions in a way that is most cost-effective for households and business by:

· Influencing the exercise of the HBRC’s statutory functions under the Resource Management Act and the National Policy Statement on Freshwater Management as it affects this Council’s interest as a stakeholder; and

· This includes the provision of good quality water and stormwater services, and the potential impacts the regulatory outcomes may have on the District’s economic social and environmental wellbeing.

Attachments:

Hastings District Council comments on Pre-notification draft of Change 9 to the RRMP TANK Catchments Freshwater management

EXT-11-02-19-874