I hereby give notice that an extraordinary meeting of the Hauraki Gulf Forum will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 29 June 2017

2.00pm 

Room 1, Level 26
135 Albert Street
Auckland

 

Hauraki Gulf Forum

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Mayor John Tregidga

Hauraki District Council

Deputy Chairperson

Ms Liane Ngamane

Tangata Whenua

Members

Mr Andrew Baucke

Department of Conservation

 

Mr Jeff Cleave

Great Barrier Local Board (Auckland Council)

 

Cr Paul Cronin

Matamata-Piako District Council

 

Cr Chris Darby

Auckland Council

 

Mayor Sandra Goudie

Thames-Coromandel District Council

 

Mr Steve Halley

Ministry for Primary Industries

 

Cr Richard Hills

Auckland Council

 

Mr Terrence Hohneck

Tangata Whenua

 

Mr Leo Koziol

Te Puni Kōkiri

 

Cr Mike Lee

Auckland Council

 

Ms Nicola MacDonald

Tangata Whenua

 

Mr Paul Majurey

Tangata Whenua

 

Cr Rob McGuire

Waikato District Council

 

Mr John Meeuwsen

Waiheke Local Board (Auckland Council)

 

Cr Dal Minogue

Waikato Regional Council

 

Ms Lucy  Steel

Tangata Whenua

 

Ms Moana Tamaariki-Pohe

Tangata Whenua

 

Cr Wayne Walker

Auckland Council

 

Cr John Watson

Auckland Council

 

 

(Quorum 11 members)

 

 

Kalinda Gopal, Governance Advisor

26 June 2017

Contact Telephone: 021 723 228

Email: kalinda.gopal@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 


TERMS OF REFERENCE

 

 

The Hauraki Gulf Forum is established under the Hauraki Gulf Marine Park Act 2000 with the following purpose, functions, powers and membership.

 

Purpose (Hauraki Gulf Marine Park Act 2000, s 15)

 

·    Integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand

·    Facilitate communication, cooperation, and coordination on matters relating to the statutory functions of the constituent parties in relation of the Hauraki Gulf, its islands and catchments and the forum

·    Recognise the historic, traditional, cultural and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and where appropriate, its catchments

 

Functions (Hauraki Gulf Marine Park Act 2000, s 17)

 

·    Prepare a list of strategic issues, determine a priority for action on each issue, and regularly review that list

·    Facilitate and encourage co-ordinated financial planning, where possible, by the constituent parties

·    Obtain, share, and monitor information on the state of the natural and physical resources

·    Receive reports on the completion and implementation of deeds of recognition

·    Require and receive reports from constituent parties on the development and implementation of policies and strategies to address the issues identified under paragraph (a)

·    Receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans

·    Prepare and publish, once every 3 years, a report on the state of the environment in the Hauraki Gulf, including information on progress towards integrated management and responses to the issues identified in accordance with paragraph (a)

·    Promote and advocate the integrated management and, where appropriate, the sustainable management of the Hauraki Gulf, its islands, and catchments

·    Encourage, share, co-ordinate where appropriate, and disseminate educational and promotional material

·    Liaise with, and receive reports from, persons and groups having an interest in the Hauraki Gulf and business and community interests to promote an interest in the purposes of the forum

·    Commission research into matters relating to the functions of the forum

 

When carrying out its functions, the forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments

 

Powers (Hauraki Gulf Marine Park Act 2000, s 18):

 

·         Consider issues related to its purpose

·         Receive reports from constituent parties

·         Make recommendations to constituent parties

·         Advise any person who requests the forum's advice

 

 The forum must not:

 (a)    appear before a court or tribunal other than as a witness if called by a party to proceedings

 (b)    take part in a decision-making process under any enactment other than to advise when requested to do so.

 

Joint committee (Hauraki Gulf Marine Park Act 2000, s 16)

 

 “(2)     The forum consists of the following representatives:

(a)     1 representative appointed by the Minister of Conservation:

(b)     1 representative appointed by the Minister of Fisheries:

(c)     1 representative appointed by the Minister of Maori Affairs:

(ca)   7 representatives appointed by the Auckland Council:

(d)     1 representative appointed by each of the following local authorities:

(iv) Hauraki District Council:

(vi) Matamata-Piako District Council:

(ix) Thames-Coromandel District Council:

(x) Waikato District Council:

(xi) Waikato Regional Council:

(e)     6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.

 

(2A)     The representatives appointed in accordance with subsection (2)(ca) must—

(a)           be members of —

(i)  the Auckland Council; or

(ii)             a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001 and

(b)     include 1 member of each of the Great Barrier Island and Waiheke Island local board”

 

 


Hauraki Gulf Forum

29 June 2017

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

            Whakatau – Karakia / mihi

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Public Forum

4          Extraordinary Business                                                                                                7

5          Notices of Motion                                                                                                          7

6          Hauraki Gulf Forum: High level operating models in a changing context – including the introduction of the Sea Change Tai Timu Tai Pari Marine Spatial Plan                 9  

7          Consideration of Extraordinary Items 

            Whakawātea

 


1          Apologies

 

An apology has been received from Cr R Hills.

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

At the close of the agenda no requests for declarations of interest had been received.

 

3          Public Forum

 

Public forum has been deferred until the next ordinary meeting of the  Hauraki Gulf Forum.

 

4          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

5          Notices of Motion

 

            At the close of the agenda no requests for notices of motion had been received.

 


Hauraki Gulf Forum

29 June 2017

 

 

Hauraki Gulf Forum: High level operating models in a changing context – including the introduction of the Sea Change Tai Timu Tai Pari Marine Spatial Plan

 

File No.: CP2017/12147

 

  

 

Purpose

1.       To respond to a resolution arising from the Forum meeting in February 2017 that requested the Hauraki Gulf Forum’s Executive Officer to work collaboratively with the Technical Officers Group to “provide information/advice to the Forum’s May meeting on options to promote and implement the vision and pathways identified in the Sea Change plan, within its powers and functions under the Hauraki Gulf Marine Park Act 2000.” (Resolution number HGF 2017/7)

Executive summary

2.       The Forum has a broad purpose and enabling powers and functions under the Hauraki Gulf Marine Park Act 2000. The scope of actions it could take in response to the Sea Change Tai Timu Tai Pari marine spatial plan recommendations and/or other contextual changes and opportunities can be determined by the ambition of its members and support of its member agencies.

3.       This paper identifies operating model options, utilising functions and powers enabled under the Hauraki Gulf Marine Park Act, and indicates corresponding resourcing for a secretariat to support them.

4.       This paper seeks the Forum’s direction on preferences that would enable further work to be undertaken.

 

Recommendation/s

That the Hauraki Gulf Forum:

a)      note the options to reorganise and resource its work, utilising powers and functions under the Hauraki Gulf Marine Park Act.

b)      identify a preferred option and instruct its executive officer to further scope the preferred option and its resourcing implications.

c)      approve the inclusion of $40,000 in the 2017/18 work plan to support this work.

 

Comments

Introduction and background

5.       For the first fifteen years of its life, the Forum focused its attention on identifying strategic issues, reporting on the state of the environment, and building public awareness of the state of, and pressures on, the Hauraki Gulf/ Tīkapa Moana (the Gulf). It also considered initiating responses to priority issues.

6.       This work forged the Forum’s identity and gave form to its purpose. In recent years the Forum questioned whether the scope of its work was sufficient – the Forum is confident it has made a difference but is that enough and, if not, what else it should do?

7.       As part of this process of inquiry, the Forum advocated for the development of a marine spatial plan, to help coordinate and sharpen the objectives of the management agencies with responsibilities to the Gulf. This advocacy led to the initiation of Sea Change – Tai Timu Tai Pari (Sea Change) which, in late 2016, delivered a series of recommended changes to the way the Gulf is managed – recommendations that have potential implications for the Forum’s structure and activities.

8.       Mindful of changes in the Forum’s operating context, including the vision and pathways promoted by Sea Change, Treaty Settlements and other policy initiatives, this paper provides a framework to assist Forum members as they consider the Forum’s medium-term (1-5 year) work programme – a timeframe that includes the Forum’s 20 year anniversary.

Forum purpose, ambition and role

9.       The Forum has a broad purpose and enabling powers and functions under the Hauraki Gulf Marine Park Act 2000. With the support of members and sufficient resourcing from its contributing agencies, there is much the Forum can do within its mandate.

10.     To a large extent, the scope of actions it could take in response to Sea Change is limited only by the ambition of its members and the support of agencies.

11.     Discussion at the Forum’s February meeting revealed different perspectives among members regarding the role of the Forum. Some members may wish to empower the Forum as a vehicle for hard debate, direction-setting and action. Others may wish to restrict the Forum to passive information-sharing – a place for bringing members ‘up to speed’ with each other’s actions.

12.     This suggests members come to the Forum expecting to do different things:

a)   review and debate technical and policy advice with the objective of forming a collective political or agency position, and/or

b)   gain insight into members’ views and discuss points of consistency or inconsistency, and/or

c)   ‘hold people and agencies to account’ and express views about what people and institutions should and shouldn’t be doing in relation to the Gulf, and/or

d)   promote the achievement of specific environmental outcomes in localised areas through advocacy or governance of restoration/protection funds that support direct action, and/or

e)   help advance regulatory plan-making processes by convening discussions, brokering relationships and identifying possible solutions, and/or

f)    identify and give support to creative non-regulatory solutions to complex issues that cut-across the responsibilities of two or more management agencies. 

Member agencies at different stages

13.     Agencies are currently in the process of considering their responses to the Sea Change recommendations, including their implications for governance arrangements (see Attachment 1). The Forum needs to be informed of the resolutions of member agencies and consider their implications before making final decisions on its response to Sea Change. Notably:

a)      An initial assessment of Sea Change went to the Auckland Council’s Planning Committee on 2 May, with further analysis to be undertaken over the next four months. This includes consideration being given to the role of the Forum.

b)      Ministers are assessing the plan and considering the way forward.  Officials have provided an initial high level review.  A more detailed analysis is almost completed and will be presented to Ministers soon.

c)      Waikato Regional Council will have an implementation plan by mid-May 2017 which it will discuss with impacted Territorial Local Authorities, some of which have determined positions on recommendations relevant to them.

Agreeing next steps

14.     Because members hold different views on the appropriate role for the Forum and are at different stages in their consideration of Sea Change, we have drawn on the input of technical officers to highlight critical choices facing Forum members, and to identify several high-level packages of options. The approach is designed to facilitate constructive debate on the Forum’s response to the vision and pathways promoted by Sea Change, and tease out where there are areas of difference and common ground.

Questions and critical choices for the Forum

·   Does the Forum wish to extend the scope of its activities beyond the current and anticipated work programme?

o Are member organisations prepared to provide or seek the funding and resourcing necessary to establish a suitably capable secretariat to support a greater scope of actions?

o Can operational processes, communication and sign-off protocols, delegations and supporting roles be modified to better support the work of the Forum?

·   How much discretion is appropriate for the Forum to delegate to its executive/ secretariat?

o Are members prepared to give high level direction and a budget to an enhanced secretariat and then audit performance quarterly against agreed objectives – adopting a governance and strategic leadership role?

o Do members focus the Forum on political debate, charge the executive/ secretariat with delivering the current programme of action and provide tight direction over any additional actions – adopting a hybrid governance/management role?

·   If the Forum does not pick up the roles and functions identified as necessary by Sea Change, how will it communicate that decision, and how will it engage with another entity, should one be created to fulfil these roles and functions?

·   How does the Forum view co-governance and should it work towards understanding (and taking steps towards) what that might look like in the context of managing the Gulf?

·   How will the Forum define future success?

High-level option packages 

15.     The following four operating model options provide ‘packages’ of actions the Forum could adopt to give effect to its vision for the Hauraki Gulf/Tikapa Moana and to promote and implement the pathways identified in the Sea Change plan.

16.     They were identified in discussions over two meetings of the Technical Officers Group.

17.     The actions identified within each option are not exhaustive, nor are they necessarily exclusive to that option.  Particular actions could be included within another package provided it was consistent with the intended role.

 

·                     Role

·                     Actions

·                     Practical considerations 

·                     Passive (‘dialled-back’ status quo)

1.   Shift the focus of the Forum to providing updates on the activities of constituent members and facilitating political discussion on their consistency and integration or otherwise.

2.   Consider delegating responsibility for delivery of state of the environment reporting to Waikato and Auckland regional councils.

·                    Shift from ‘executive’ and ‘technical’ support to more administrative functions to align with the Forum’s more passive stance. Would prompt a review of support arrangements, including processes for agreeing external communications.

Auditor and Communicator (status quo +)

1.   Continue to perform current scope of actions (including publishing the state of the environment assessment due in 2017).

2.   Communicate knowledge and promote integration through a variety of channels: website, newsletter, events, media partnerships, annual report to parliament etc.

3.   Foster increased agency input to the Forum’s agendas and briefing material, and facilitate more comprehensive political debate of technical analysis/advice to increase the quality and independence of agenda reports. Enhance  follow up and coordination of agencies with responsibilities to the Gulf.

May require additional technical skills and resourcing to support the Forum’s members. Will require more active engagement from agency officers. Experience from other comparable institutions is that establishing a secretariat with responsibilities to the Forum is an effective way to clarify accountabilities and increase the quality of input. This could involve secondments from each member agency (DOC, MPI, TPK, AC and WRC) and ideally MfE to a Forum secretariat, as well as resourcing to enable tangata whenua officers to contribute effectively.

Solutions and Relationship Broker

1.   Continue to perform current scope of actions (including publishing the state of the environment  assessment due in 2017).

2.   Increase emphasis on helping to broker regulatory and non-regulatory solutions (recognising that the Gulf encompasses the rohe of a range of iwi and jurisdictions of statutory management agencies). Work with, or on behalf of, agencies to progress opportunities, including pathways identified within Sea Change:

a.   With MPI support, help broker transitional fishing arrangements proposed by Sea Change.

b.   With mana whenua guidance and TPK support, help further define and develop the Ahu Moana – place-based and community led – management framework.

c.   With DoC, MPI and MfE support, help broker a coordinated approach to the management of coastal and marine environments.

3.   Over time, as the Forum demonstrates its ability to broker solutions, central and local government agencies could commission the Forum to deliver certain outcomes on their behalf. 

- May require changes to current support arrangements to match the demands of the new function. Would prompt a review of current role definitions and potentially the appointment of technical staff (possibly on secondment from member agencies and mana whenua).

- May prompt consideration of the current Chair arrangements – in some comparable Forums an independent Chair has helped broker solutions to complex problems. Given the political nature of this Forum, a political Chair may remain appropriate, especially if supported by an independent secretariat with primary responsibilities to the Forum rather than individual member agencies.

- May also prompt consideration of whether it would be efficient and effective for the Forum to commission enquiries or establish task-forces to undertake particular pieces of work on its behalf or with its support. 

Active Agent and Leader

In addition to Solutions and Relationships Broker actions:

1.   Adopt a coordinating role for Gulf-related research

2.   Provide ‘quality independent advice’ to agencies on draft regulatory plans and policy direction.

3.   Prepare detailed implementation plan and review process for Sea Change recommendations.

4.   Lead restoration initiatives identified by Sea Change.  Provide a home for operational project staff to extend initial mussel restoration work  (currently stalled due to regulatory and resourcing constraint), potentially through external funding.

5.   Design and deliver training, advisory and guidance services and/or assurance programmes with decision makers and user groups.

6.   Scope and administer a sediment reduction initiative identified by Sea Change (potentially with Government clean up-funding).

7.   Address public policy questions through commissioned enquiries (requiring high degree of independence and ‘think tank’ capacity).

 

8.   Evaluate the case for a major inquiry into the implementation of the HGMPA and audit of relevant plans, policies and programmes – individually and collectively – perhaps with partners and associated with the 20th anniversary of the marine park and 180th anniversary of the treaty.

- Will require a review of the funding model for the Forum and the split of roles and functions between agencies and the Forum, which may need to be re-engineered to give the Forum greater agency and allow it to adopt a coordinating and direction-setting role.

- Will require a review of supporting and procedural arrangements, including considering the applicability to the Gulf of different secretariat models (e.g. those adopted by the Fiordland Marine Guardians, Land and Water Forum, and Biodiversity Collaborative Group – see Figure 1).

- Current support arrangements would need to be re-engineered to match the demands of the new function - roles would need to be redesigned and technical staff appointed (perhaps on secondment from member agencies and mana whenua) to provide the necessary skill-set. Additional resourcing would be required to enable tangata whenua representatives to play an effective role within the secretariat.

Next steps

18.     These are initial options for discussion. If a particular direction is supported then further work is required.

19.     The implications of changes to executive/ secretariat services have not been costed.

20.     A contingency is included within the proposed work plan and budget contained within this agenda to enable further scoping of potential new arrangements.

Figure 1 – Indication of secretariat support that may be required for different Forum roles

 

 

 

 

 

 

Small team of experts + access to specialists ~ $600K per annumeg Biodiversity Collaborative Group
Potential funding streams/ models:
•	Proportional shared funding formula (status quo)
•	Increased Central Government allocation for Vote: Hauraki Gulf
•	Agency purchase of project deliverables from the Forum
•	Third party project funding
 

 

 

 

 

 

 

 

 

 

 

 

 

 


Attachments

No.

Title

Page

a

Summary of the current status of agency response to Sea Change

17

      

Signatories

Author

Tim  Higham - Executive Officer, Hauraki Gulf Forum

Authoriser

Jacques  Victor - GM Auckland Plan Strategy and Research

 


Hauraki Gulf Forum

29 June 2017

 

 

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