The Chairperson will open the meeting and welcome everyone present.
2 Apologies
At the close of the agenda no apologies had been received.
3 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.
4 Confirmation of Minutes
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That the Manukau Harbour Forum:
a)
Confirms the ordinary minutes of its meeting,
held on Monday, 8 June 2015, as a true and correct
record.
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5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
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6.1 Flagship Site
Industry Pollution Prevention Programme
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Purpose
1. The
forum would like to acknowledge the Villa Maria's hosting of the Flagship
Site Industry Pollution Prevention Programme on 30th July 2015.
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Recommendation
That the Manukau Harbour
Forum:
a) Acknowledges
Villa Maria's hosting of the Flagship Site Industry
Pollution Prevention Programme.
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7 Petitions
At the close of the agenda no requests to present petitions had been
received.
8 Deputations
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8.1 Sam Judd - Sustainable Coastlines
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Purpose
1. Sam Judd, Co-Founder and CEO of
Sustainable coastlines will be in attendance to present a proposal for a
large-scale event focussed on engagement with the communities and
stakeholders of the Manukau Harbour. This would see thousands of people
being connected to nature along its shorelines through a large-scale
educational tour and coastal clean-up with schools, businesses and community
groups.
2. Sustainable Coastlines seeks the
endorsement of the Manukau Harbour Forum for this activity. If
endorsed, they would like to explore any means that the members (and organisations that they are representing
and connected to) could support this activity through promotion, contacts, funding, venues, access, logistical support
ideas and media.
Executive Summary
3. Sustainable Coastlines is a
charity which has motivated over 40,000 people to remove more than 1 million
litres of rubbish from the coast, plant tens of thousands of trees and
directly educated over 120,000 school students,
offenders, volunteers and businesspeople through presentations.
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Recommendation
That the Manukau Harbour
Forum:
a) Receives the
presentation from Sam Judd, Co-Founder and CEO of
Sustainable coastlines and thanks him for the presentation.
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9 Public Forum
A period of
time (approximately 30 minutes) is set aside for members of the public to
address the meeting on matters within its delegated authority. A maximum of 3
minutes per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been
received.
10 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.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had
been received.
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Manukau Harbour
Forum
10 August 2015
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Resolutions of the nine member boards of the Manukau Harbour Forum Joint
Committee regarding the allocation of budget to the forum’s 2015/2016 work
programme
Manurewa Local Board – 14 May 2015
Resolution number MR/2015/79
MOVED by Chairperson AM Dalton,
seconded by Member D Wrightson:
That the Manurewa Local Board:
a) support the request from
the Manukau Harbour Forum and agree to allocate up to $11,889 to enable the
Manukau Harbour Forum’s work programme for 2015/2016 to proceed, dependent on
all other boards involved in the Manukau Harbour forum contributing.
Ōtara-Papatoetoe Local Board – 18 May 2015
Resolution number OP/2015/71
MOVED by Member LT Fuli, seconded by
Member MA Gush:
That the Ōtara-Papatoetoe Local
Board:
a) support the Manukau Harbour Forum’s
work programme for 2015/2016.
b) agree to grant $11,889 to
Manukau Harbour Forum in 2015/2016 and to allocate budget for that grant in the
draft Local Board Agreement (LDI budget).
Māngere-Ōtāhuhu Local
Board – 20 May 2015
Resolution number MO/2015/73
MOVED by Deputy Chairperson CM
Elliott, seconded by Member NL Bakulich:
That the
Māngere-Ōtāhuhu Local Board support the request from the Manukau
Harbour Forum and agree to allocate $11,889 to enable the Manukau Harbour
Forum’s work programme for 2015/2016 to proceed.
Papakura Local Board – 20 May 2015
Resolution number PPK/2015/74
MOVED by Member DG Purdy, seconded by
Deputy Chairperson MV Turner:
That the Papakura Local Board support
the request from the Manukau Harbour Forum and agree to allocate $11,889 to
enable the Manukau Harbour Forum’s work programme for 2015/2016 to proceed
dependant on all nine local boards that form the forum contributing equally.
Whau Local Board – 20 May 2015
Resolution number WH/2015/62
MOVED by Member SPT Matafai, seconded
by Member R Manukia-Schaumkel:
That the Whau Local Board:
a) Supports the request from the
Manukau Harbour Forum and agree to allocate $11,889 to enable the Manukau
Harbour Forum’s work programme for 2015/2016 to proceed.
Maungakiekie-Tāmaki Local Board – 21 May 2015
Resolution number MT/2015/68
MOVED by Member BM Graham, seconded
by Chairperson SD Randall:
That the Maungakiekie-Tāmaki
Local Board:
a) thanks Mary Binney, Local Board Advisor, for her
attendance to speak to this item
b) supports the request from the
Manukau Harbour Forum and agree to allocate $11,889 from the Manukau Harbour
water quality improvement budget to enable the Manukau Harbour Forum’s work
programme for 2015/2016 to proceed.
Franklin Local Board – 26 May 2015
Resolution number
FR/2015/66
MOVED by Deputy
Chairperson AJ Naysmith, seconded by Member AM Fulljames:
That the Franklin Local Board
supports the request from the Manukau Harbour Forum and agrees to allocate
$11,889 to enable the Manukau Harbour Forum’s work programme for 2015/2016 to
proceed.
Puketāpapa Local Board – 28 May 2015
Resolution number PKTPP/2015/98
MOVED by Member DA Holm, seconded by
Chairperson JM Fairey:
That the Puketāpapa Local Board:
a) receive the report.
b) support the request from the
Manukau Harbour Forum and agree to allocate $11,889 to enable the Manukau
Harbour Forum’s work programme for 2015/2016 to proceed.
c) request the Manukau Harbour
Forum to ask the organisers of events financed by the Forum to recognise that
elected members have a role – in conveying to users and guardians of the
harbour the values and concerns of the public about its future; in learning
from stakeholders about the most efficient and effective ways to reduce harm to
the harbour; and in assessing through attendance the effectiveness of the events
in furthering the goals of the forum.
d) appoint David Holm as
representative to Manukau Harbour Forum and Michael Wood as alternate.
Waitakere Ranges Local Board
Resolution number WTK/2015/93
MOVED by Chairperson S Coney,
seconded by Member NR Henderson:
That the Waitākere Ranges Local
Board:
a) Supports the request from the Manukau Harbour
Forum and agree to allocate $11,889 to enable the Manukau Harbour Forum’s work
programme for 2015/2016 to proceed.
b) Notes that a key strength of the Forum is the
collective voice of the member boards and that the elected members need to be
included in forum activities and ongoing engagement including flagship events.
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Manukau Harbour Forum
10 August 2015
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2014/2015 Manukau Harbour Forum Work Programme -
Report Back on Achievements
File No.: CP2015/13527
Purpose
1. To
provide a report back on the achievements and outcomes of year one of the
Manukau Harbour Forum (the Forum) work programme.
Executive Summary
2. The
Forum agreed its 2014/2015 work programme at its July 2014 meeting (resolution
number MHFJC/2014/12). This was subsequently endorsed by member local boards at
their meetings in August and September 2014. This report provides a report back
to the Forum on achievements of the first year of the Forum work programme.
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Recommendation
That the Manukau
Harbour Forum:
a) Notes the
information provided in the 2014/2015 Manukau Harbour Forum Work Programme –
Report Back on Achievements.
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Comments
3. At its
meeting in July 2014, the Forum asked its member boards to support, and provide
a funding contribution, towards a work programme consisting of a series of
flagship sites events, the development of a communications plan, and a research
hui. The total cost of the work programme was $76,500.
4. Table 1
below presents highlights achievements during year one of the work programme;
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Highlights
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Flagship Sites Programme
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This programme will extend over the
financial year end period to avoid holding events too close together.
At the time of writing, a total of
two flagship site events had been held at Auckland Airport and Harley
Davidson Limited.
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Communications Plan
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The first year of the Manukau
Harbour Forum (MHF) work programme focused on the development of a
communications and engagement plan to build awareness of both the MHF and the
Manukau Harbour. As such, a project resource pack was developed from
interviews and research to provide content for ongoing email newsletters to
stakeholders, and the Forum and Manukau Harbour pages on the Auckland Council
website. The first email newsletter was distributed at the end of June 2015.
The website pages went live in June 2015 – type in ‘Manukau Harbour Forum’ in
the search box. A year-end report detailing the outcomes for the first year
of this three year work plan is appended to the report as appendix 1.
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Research Hui
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This project was unable to be
delivered in 2014/2015. It is estimated a hui will be held in April or May
2016.
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Table
1: Work Programme Highlights
Flagship Sites Programme
5. At the
time of writing this report, a total of two flagship site events had been held,
at Auckland Airport and Harley Davidson in Mt Wellington. These events provide
an opportunity for local businesses to learn from other organisations on
stormwater management and spill response, and to apply learnings to their own
site. Feedback from participants has been overwhelmingly positive.
6. The
next event will be held at Villa Maria Winery in Mangere in July 2015. The
Forum Chair is invited to attend events to represent the Forum. As Villa Maria
is located next to the Makaurau Marae and papakainga, a representative of the
marae has also been invited to attend the Villa Maria event.
Research Hui
7. Unfortunately,
staff constraints and the focus on delivering the communications work programme
and flagship sites events, the research hui was unable to be delivered in
2014/2015. This lead to an underspend of $937 per board
(excepting Waitakere Ranges) in the budget allocated to the Forum by
member boards.
8. It is
proposed to hold a hui in the current financial year. Regional budget is
available to match the contribution of member boards for this hui. Staff are
currently developing the scope and focus of the hui, and identifying key
speakers.
Consideration
Local Board views and implications
9. This
work programme was endorsed by eight of the nine member boards in August and
September 2014. All nine member boards reference the Forum in their local board
plans.
10. A number
of member boards also sponsor projects supporting the goals and objectives of
the Forum through their own environment work programmes. These projects are
reported separately to the member boards.
Māori impact statement
11. No
specific consultation with Maori was undertaken for the purposes of this
report. Feedback and input from mana whenua on the work programme was sought at
a hui in November 2014.
12. It is
anticipated that there will be ongoing dialogue between mana whenua and the
Forum as the Forum develops and refines its work programme. It is also noted
that pending Tiriti ō Waitangi settlements may impact on the future governance
model for the Manukau.
Implementation
13. There
are no implementation issues arising from this report. The Forum approved year
2 of the work programme at its meeting in April 2015.
Attachments
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No.
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Title
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Page
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aView
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Communications plan end of year report
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25
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Signatories
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Authors
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Emma Joyce - Relationship Advisor
Theresa Pearce - Senior Environmental Programmes
Advisor
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Authorisers
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John Dragicevich - Manager Infrastructure and
Environmental Services
Victoria Villaraza - Relationship Manager
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Manukau Harbour
Forum
10 August 2015
|
|
Manukau Harbour Forum - Options to increase Mana
Whenua Participation
File No.: CP2015/14512
Purpose
1. This report
advises the Manukau Harbour Forum Joint Committee (the Forum) on options to
increase engagement with Mana Whenua. This report was requested by the Forum
at a workshop on 8 June 2016.
Executive Summary
2. The Manukau
Harbour Forum was established in November 2010 and agreed Terms of Reference
(terms) in June 2012. The terms were refreshed in June 2015 (resolution
MHFJC/2015/13). Among other things the terms record the Forum “is committed to
Te Tiriti o Waitangi / the Treaty of Waitangi, and it will work actively to
ensure that it also acknowledges and recognises the interests of mana whenua,
by providing iwi representation”.
3. The Manukau
Harbour is of great significance to Mana Whenua. On 13 October 2014 the Forum
met with Mana Whenua to consult on their strategic approach to improve the
health and wellbeing of the harbour (CP2014/26142 refers). A desire by Mana
Whenua for an increased level of involvement was expressed and it was agreed a
further workshop was required with advice on possible membership of the Forum.
4. This report
sets out three options to build Mana Whenua involvement with the Forum. It is
recommended the Forum hold three (3) workshops / hui in the 2015/2016 financial
year to build relationships, trust, and common understanding between Mana
Whenua and council.
5. The proposed
workshops would allow consideration of future governance arrangements for the
Manukau Harbour in the environment of upcoming Treaty settlement negotiations,
and how Mana Whenua and council might align their interests and preferred
outcomes for those negotiations. The workshops would also allow provision of
information to Mana Whenua about current council-led projects (including the
Forum’s work programme) and encourage better problem solving for work underway
to reach more durable outcomes. Mana Whenua views can be relayed to the Forum
for consideration in the normal course of decision making.
6. Costs for
Mana Whenua representatives’ attendance at the three proposed hui can be
covered under the Manager Treaty Settlements’ budget. It is anticipated
proposals for engagement between the Forum and Mana Whenua in subsequent years
will be developed at the workshops and this will necessarily include
consideration of costs.
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Recommendation
That the Manukau Harbour
Forum:
a) Meets with
Mana Whenua representatives three (3) times in the 2015/2016 financial year
to share information, discuss strategic priorities, and consider potential
governance and other arrangements, including those which may be developed
through Treaty settlement negotiations.
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Comments
Background
7. Prior to the Auckland
Council amalgamation, governance arrangements existed with Regional and Local
Territorial Authorities over the Manukau Harbour. A number of these agreements
provided for consultation with Mana Whenua groups and enabled a degree of
participation in decision making relating to the harbour. Generally, however,
these initiatives were localised and how local authorities planned for use and
activities over the harbour were often difficult to align.
8. In June 2012,
following the creation of Auckland Council, terms of reference was agreed for
the Forum. The terms were refreshed in June 2015 (resolution MHFJC/2015/13).
Among other things the terms record the Forum “is committed to Te Tiriti o
Waitangi / the Treaty of Waitangi, and it will work actively to ensure that it
also acknowledges and recognises the interests of mana whenua, by providing iwi
representation”. This is consistent with Auckland Council’s commitment to meet
Treaty of Waitangi based responsibilities and its statutory obligations to Māori.
9. As a joint
committee of Local Boards, the Forum looks to conduct more efficiently the
Local Boards’ business relating to the harbour (a committee can make decisions
and provide officer direction without seeking confirmation and/or ratification
from the member boards). The Forum exists to champion the sustainable
management of the Manukau Harbour, principally at a strategic rather than
operational level. However, the Forum’s work programme includes a number of
operationally focussed outcomes funded through Local Board contributions, and
thus in practice the Forum bridges governance and operational levels.
10. The Manukau
Harbour is of great significance to Mana Whenua – one of the earliest claims to
the Waitangi Tribunal was the “Manukau Harbour Claim” (Wai 8). In Ngā
Mana Whenua o Tāmaki Makaurau Collective Redress Deed (the “Tāmaki
Collective settlement”), signed in 2013, the Crown acknowledges Māori have
unsettled historical Treaty grievances relating to the Manukau Harbour, and
indicates future negotiations will lead to a collective Treaty settlement for
the Harbour.
11. Elsewhere in
New Zealand, Treaty settlements over natural resources such as rivers, beaches
and harbours have resulted in a legislative framework for the management of
those resources. This has typically taken the form of a co-governance
structure (as compared to a co-management), which partners local body
authorities and settling groups, and sometimes the Crown. This is discussed
further below.
12. Depending on
Crown priorities and the pace of the current land-focussed Treaty settlement
negotiations, negotiations between the Crown and Mana Whenua groups over the
Manukau Harbour may commence in 2016 or 2017, or potentially later. Typically
such negotiations take between 2 and 3 years to complete, with a further 1 to 2
years for legislation to pass through the Parliamentary process.
13. On 13 October
2014 Forum members and staff met with Mana Whenua to consult on their strategic
approach to improve the health and wellbeing of the Manukau Harbour
(CP2014/26142 refers). The Forum’s Vision and Strategy document and
accompanying work-plan was presented. Mana Whenua made a number of suggestions
and expressed a preference for a vision statement that was developed jointly.
Mana Whenua also expressed a desire to be involved in decisions over the
Manukau Harbour, including through membership on the Forum, and to participate
in work programmes designed to improve the health and raise the profile of the
Manukau Harbour. Concerns about ongoing negative environmental impacts on the
harbour such as sewage discharge were expressed.
14. At a Forum
workshop in Mangere on 13 April 2015, staff from Te Waka Angamua and the
Manager Treaty Settlements presented a framework for the inclusion of Mana
Whenua in the decision making process regarding the health and well-being of
the Manukau Harbour. At a workshop on 5 June 2015 staff provided an advisory
note on Mana Whenua participation in the broader environment of Treaty of
Waitangi settlement negotiations. Staff were asked to prepare a report with
recommendations for the Forum on engagement with Mana Whenua.
Mana Whenua landscape across the
Manukau Harbour and timing of Treaty settlement negotiations
15. The political
landscape of Mana Whenua groups with interests in the Manukau Harbour and their
engagement in Treaty settlement negotiations is complex. The groups with
completed settlements are Ngāti Whātua Ōrākei and
Waikato-Tainui. Crown negotiations with Te Kawerau ā Maki were completed
in 2014 and the Te Kawerau ā Maki Claims Settlement Bill is currently
before Parliament. Ngāi Tai ki Tāmaki initialled a deed of
settlement on 3 July, meaning the Crown’s negotiations with them are largely
over: when their deed is signed, the Ngāi Tai ki Tāmaki Settlement
Bill will proceed through Parliament.
16. The groups
currently in negotiations with the Crown are the Marutūāhu Iwi
(including Ngāti Pāoa), Ngāti Tamaoho, and Te Ākitai
Waiohua. Negotiations between the Crown and Ngāti Te Ata are presently
paused as litigation is resolved. The Crown does not appear to be considering
entering into settlement negotiations with the Te Ahiwaru community at Makaurau
Marae, and the status of negotiations with Ngāti Koheriki, who may also
have an interest in the Manukau Harbour, is unclear.
17. As noted, it
is anticipated the Crown may commence Treaty of Waitangi settlement
negotiations over the Manukau Harbour in 2016 or 2017 (see also Advisory Note
of 8 June 2015). The start of negotiations will likely be connected to progress
on Treaty settlements currently underway between the Crown and individual
iwi/hapū, which are focussed on the resolution of historical grievances
relating to the land, not water.
18. The Crown may
be reluctant to enter into harbour negotiations with Mana Whenua groups if a
number of those groups remain focussed on completing their main settlements.
This has been the case for the Kaipara Harbour, where harbour negotiations only
commenced once the main Ngāti Whātua groups had concluded settlements
(although they are being conducted in tandem with the settlement of all
remaining Ngāti Whātua claims through Te Runanga o Ngāti
Whātua).
Anticipated Treaty settlement outcomes
for the Manukau Harbour
19. A common
outcome of Treaty settlement negotiations for rivers and harbours is the
creation of co-governance entities involving local body authorities and iwi,
and sometimes Crown representation. This outcome should be anticipated for the
Manukau Harbour.
20. Co-governance
entities are typically given a statutory responsibility to draft a strategic
document setting out the issues, vision, objectives and outcomes for the
natural resource. A legal weighting requiring local body decision makers to,
alternatively, “recognise and provide for”, “have particular regard to”, or
“take into account” the strategic document is common. Generally this is
intended to provide influence at a governance level for iwi, with specific
rules and final decisions to be made by the local authorities working within
their broader policy and goal setting framework.
21. In some
instances the Crown has provided funding to support the running costs of
co-governance entities. Funding has also been provided for remedial
environmental work, often in the form of a contestable or dedicated fund. Whether
funding is provided appears largely determined by the level of political
influence and importance attributed to settling group(s) and the natural
resource itself, rather than as the result of a coherent Crown policy.
22. We note for
local body authorities, who are significant parties in almost all Treaty
settlement arrangements over natural resources, successful outcomes are often
driven by good relationships between parties in negotiations. Given the
significant council interest in the Manukau Harbour, and the strong likelihood
of a future Treaty settlement for the Manukau Harbour, it is prudent for
council to develop good relationships with Mana Whenua groups prior to the
commencement of negotiations.
23. Of course Mana
Whenua groups have significant areas of common interest with local government
and the wider community, including improving water quality and other good
environmental outcomes. There is considerable common ground for cooperation
and collaboration.
Options for the Forum to increase engagement
with Mana Whenua
24. The options
below identify ways to build relationships with Mana Whenua, in a manner
consistent with the terms of reference for the Forum, and in anticipation of
Treaty settlement negotiations. We have identified a preferred option for
consideration that takes into account the interests of Local Boards, the
interests of Mana Whenua and the wider public, and which provides a robust
process to achieve desired outcomes.
25. The preferred
option is to hold three (3) hui / workshops with Mana Whenua in the 2015/2016
financial year. Other options considered include maintaining the status quo or
having Mana Whenua representation on the forum. The former is unlikely to
achieve positive results. The latter is not recommended at this stage, but is
an area which may be explored with Mana Whenua at the proposed workshops.
26. The preferred
approach is consistent with the process to develop and empower communities and
enables rangatira ki te rangatira (chief to chief) conversations. It does not
take the place of, nor is intended to supersede other arrangements that might
develop between Local Boards and Mana Whenua.
Option 1 – maintain status quo
27. The Forum
currently aims to meet with Mana Whenua annually although since the forum was established
in 2010 one workshop has been held. At the 13 October 2014 hui, Mana Whenua
indicated a desire to meet more frequently.
28. The
disadvantage of maintaining the status quo is that it is a relatively passive
level of engagement and is unlikely to meet Mana Whenua aspirations or council
obligations. Opportunities to build trust and understanding would be minimal
and Mana Whenua partners may feel disenfranchised. Such outcomes will be less
useful in a future Treaty settlement negotiations environment.
Option 2 - Mana Whenua representation
on the Forum
29. Representation
of Mana Whenua member(s) on the Forum is possible under current legislation,
which allows for committee members to be appointed who are not elected
members. To achieve this would require agreement from all nine local boards on
the Forum. Resources to support new members would also be needed.
30. The advantage
of this option is it provides an opportunity for direct participation of Mana
Whenua along-side local board representatives. The approach would be broadly
consistent with the terms of the Forum to provide iwi representation.
31. At this stage
a disadvantage of this option is it would require a significant and immediate
change to the structure of the Forum.
32. If Mana Whenua
membership on the Forum is considered, a significant challenge for council and
Mana Whenua is the representation model which might be adopted by the 16 Mana
Whenua groups who are presently identified by council as having (or potentially
having) interests in the Manukau Harbour: that is, how the 16 potential groups
would be represented, or share representation between them, since the creation
of 16 new seats on the Forum is impractical.
33. We note the
Mana Whenua groups presently identified by council as having an interest, or
potentially having an interest in the Manukau Harbour are: Ngāti
Whātua Ōrākei, Ngāti Whātua o Kaipara, Te Runanga o
Ngāti Whātua, Te Kawerau ā Maki, Te Ākitai Waiohua,
Ngāti Tamaoho, Ngāti Te Ata, Ngāi Tai ki Tāmaki,
Waikato-Tainui, Te Ahiwaru, Ngāti Koheriki, and the Marutūāhu
Iwi (Ngāti Maru, Ngāti Pāoa, Ngāti Tamaterā, Ngaati
Whanaaunga, and Te Patukirikiri).
34. At this stage
it is unknown what views Mana Whenua may have on appropriate representative
model, and it is likely views will differ between individual groups. The
recommended option (below) to hold a series of three workshops / hui in the
2015/2016 financial year would allow discussions on representation.
35. We note the
“Tāmaki Collective” vehicle which was used from 2010 to negotiate
collective settlement redress over the maunga (volcanic cones) and motu
(islands), as well as commercial redress in the form of a collective right of
first refusal, had representatives of 13 Mana Whenua groups. However,
Waikato-Tainui did not participate in those negotiations. Nor was the Te
Ahiwaru community at Makaurau Marae considered a ‘large natural grouping’ for
Treaty settlement purposes. Yet both are acknowledged by council for Resource
Management Act and other consultative purposes as having an interest in the
Manukau Harbour.
36. Furthermore,
not all of the 13 Tāmaki Collective groups may seek formal involvement in
a representative model for the Manukau Harbour. It is also unclear how
Waikato-Tainui and their affiliated iwi/hapū may work together in the
future: the affiliated iwi/hapū presently form part of the “Waiohua
Tāmaki” ropū under the “Tāmaki Collective settlement”, and are
negotiating their own individual Treaty settlements with the Crown.
37. Questions of
representation are therefore complex and are, on the whole, best left to Mana
Whenua to resolve. Whether all Mana Whenua groups believe the timing is right
for this conversation to take place is also unknown. It may be that for groups
which are focussed on their individual Treaty settlement negotiations with the
Crown, a conversation about a representation model for the Manukau Harbour is
an unwelcome distraction.
38. There is also
a risk addressing Mana Whenua representation when the Crown is yet to commence
Treaty settlement negotiations over the Manukau Harbour. The Crown typically
takes a leading role in assessing mandate of groups it enters into
negotiations. While an approach to representation for the Manukau Harbour
might be agreed between council and Mana Whenua, this may not align with how
the Crown wishes to proceed.
39. Finally, it is
unknown what co-governance structure might evolve from collective Treaty settlement
negotiations for the Manukau Harbour, which may involve both Governing Body and
Local Board representation, and potentially Crown representatives. It is
unknown whether the Forum will be required in its current state, or indeed
whether the Forum will need to evolve in response to a new structure.
Option 3 – hold three workshops / hui
in 2015-2016 financial year (preferred option)
40. As the
preferred option we recommend Mana Whenua be invited to attend three (3)
workshops / hui with Forum members and staff in the 2015/2016 financial year.
The workshops would look to further develop the relationship between Mana
Whenua and Local Boards, share information about the Manukau Harbour, and
discuss future governance arrangements including through Treaty settlement
negotiations.
41. Views
expressed by Mana Whenua at the workshops can be conveyed to the Forum and
considered in the normal course of Forum decision making.
42. More
specifically, attendees at the proposed workshops / hui could focus on:
· areas of mutual interest and
aspiration for council and Mana Whenua;
· sharing information on projects that
impact on the health and wellbeing of the Manukau Harbour;
· in anticipation of Treaty settlement
negotiations, how meaningful relationships between council and Mana Whenua
might be developed that provide for:
o the relationship of Mana Whenua as
kaitiaki and their culture and traditions with their ancestral moana;
o the relationship of Auckland
Council as stewards, and the cultural, environmental, social and economic
sustainability of Auckland;
o the relationship of ratepayers,
customers, citizens and visitors and their interests in natural resources;
· the potential scope of co-governance
arrangements from Treaty settlement negotiations, and where council and Mana
Whenua share interests in those negotiations; and
· enable Mana Whenua contributions to
problem solving and strategic priorities developed by the Forum.
43. This approach
represents an enhanced engagement process to build better relationships with
Mana Whenua. Staff will be available to assist in the form of briefings and
the provision of technical information.
44. We note the
Forum may wish to consider how the “Manukau Harbour Forum Action Plan
2013-2015” is refreshed for the 2016-2019 period. The proposed workshops may
provide Mana Whenua an opportunity to input into future plans. Discussion of a
revised vision statement to take into account Mana Whenua perspectives may also
be possible.
Māori impact statement
45. This report
will impact on Mana Whenua by providing options for engagement with the Manukau
Harbour Forum and to enable Mana Whenua to discuss issues relating to the
health and wellbeing of the Manukau Harbour.
Implementation
46. If the Forum
supports the preferred option, the workshops with Mana Whenua will be
coordinated by Local Board Services with support from Te Waka Angamua. All
correspondence and communication will be sent by or in the name of the Chair of
the Manukau Harbour Forum.
47. Diaries and
subsequent arrangements will be managed by Local Board Services unless
otherwise directed by the Chair of the Manukau Harbour forum. Meetings will be
arranged independently from the regular meeting schedule for the Forum at a
council facility to save costs. Forum members may be invited to meet on a
Marae which can be considered as appropriate.
48. Cost of Mana
Whenua participation can be covered by the Manager Treaty Settlements.
Estimates for this process including meeting fees and travel up to around
$10,000. It is estimated up to 16 Mana Whenua representatives will be invited
to the proposed workshops. Invoices and payments will be managed by Local
Board Services.
49. We note the
proposed workshops would complement and align to existing initiatives by Local
Boards to strengthen relationships with Mana Whenua and enable Mana Whenua
participation in Local Boards
Attachments
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No.
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Title
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Page
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aView
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MHF Mana Whenua Meeting Notes October 2014
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41
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Signatories
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Authors
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Roger Jolley - Paewhakatere
Hautū Take Whanui - Principal Advisor Governance - Te Waka Angamua
John Hutton - Manager Treaty Settlements
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Authorisers
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Johnnie Freeland - Paearahi Matua - Manager
Victoria Villaraza - Relationship Manager
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