Selected
extracts from the Hauraki Gulf Marine Park Act 2000
3 Purpose
The purpose of this Act is to—
(a)
integrate the management of the natural, historic, and physical
resources of the Hauraki Gulf, its islands, and catchments:
(b)
establish the Hauraki Gulf Marine Park:
(c)
establish objectives for the management of the Hauraki Gulf, its
islands, and catchments:
(d)
recognise the historic, traditional, cultural, and spiritual
relationship of the tangata whenua with the Hauraki Gulf and its islands:
(e)
establish the Hauraki Gulf Forum.
Part 1 Management of Hauraki Gulf
7 Recognition
of national significance of Hauraki Gulf
(1) The
interrelationship between the Hauraki Gulf, its islands, and catchments and the
ability of that interrelationship to sustain the life-supporting capacity of
the environment of the Hauraki Gulf and its islands are matters of national
significance.
(2) The
life-supporting capacity of the environment of the Gulf and its islands
includes the capacity—
(a) to
provide for—
(i) the
historic, traditional, cultural, and spiritual relationship of the tangata
whenua of the Gulf with the Gulf and its islands; and
(ii) the
social, economic, recreational, and cultural well-being of people and
communities:
(b) to
use the resources of the Gulf by the people and communities of the Gulf and New
Zealand for economic activities and recreation:
(c) to
maintain the soil, air, water, and ecosystems of the Gulf.
8 Management
of Hauraki Gulf
To recognise the national significance of the Hauraki Gulf,
its islands, and catchments, the objectives of the management of the Hauraki
Gulf, its islands, and catchments are—
(a)
the protection and, where appropriate, the enhancement of the
life-supporting capacity of the environment of the Hauraki Gulf, its islands,
and catchments:
(b)
the protection and, where appropriate, the enhancement of the natural,
historic, and physical resources of the Hauraki Gulf, its islands, and
catchments:
(c)
the protection and, where appropriate, the enhancement of those natural,
historic, and physical resources (including kaimoana) of the Hauraki Gulf, its
islands, and catchments with which tangata whenua have an historic,
traditional, cultural, and spiritual relationship:
(d)
the protection of the cultural and historic associations of people and
communities in and around the Hauraki Gulf with its natural, historic, and
physical resources:
(e)
the maintenance and, where appropriate, the enhancement of the
contribution of the natural, historic, and physical resources of the Hauraki
Gulf, its islands, and catchments to the social and economic well-being of the
people and communities of the Hauraki Gulf and New Zealand:
(f)
the maintenance and, where appropriate, the enhancement of the natural,
historic, and physical resources of the Hauraki Gulf, its islands, and
catchments, which contribute to the recreation and enjoyment of the Hauraki
Gulf for the people and communities of the Hauraki Gulf and New Zealand.
Part 2 Hauraki Gulf Forum
15 Purposes of
Forum
The Forum has the following purposes:
(a)
to 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:
(b)
to facilitate communication, co-operation, and co-ordination on matters
relating to the statutory functions of the constituent parties in relation to
the Hauraki Gulf, its islands, and catchments, and the Forum:
(c)
to recognise the historic, traditional, cultural, and spiritual
relationship of tangata whenua with the Hauraki Gulf, its islands, and, where
appropriate, its catchments.
16 Establishment
of Forum
(1) A body called
the Hauraki Gulf Forum is established.
(2) The Forum
consists of the following representatives:
(a)
1 representative appointed by the Minister:
(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 boards.
(3) The
representatives appointed in accordance with subsection (2)(d) or (5) must be
members of the local authority elected in accordance with the Local
Electoral Act 2001.
17 Functions
of Forum
(1) To
promote sections 7 and 8, the Forum has the following functions
in relation to the Hauraki Gulf, its islands, and catchments:
(a) to prepare a list of
strategic issues, determine a priority for action on each issue, and regularly
review that list:
(b) to facilitate and encourage
co-ordinated financial planning, where possible, by the constituent parties:
(c) to obtain, share, and
monitor information on the state of the natural and physical resources:
(d) to receive reports on the
completion and implementation of deeds of recognition:
(e) to require and receive
reports from constituent parties on the development and implementation of
policies and strategies to address the issues identified under paragraph (a):
(f) to receive
reports from the tangata whenua of the Hauraki Gulf on the development and
implementation of iwi management or development plans:
(g) to 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):
(h) to promote and advocate the
integrated management and, where appropriate, the sustainable management of the
Hauraki Gulf, its islands, and catchments:
(i) to encourage,
share, co-ordinate where appropriate, and disseminate educational and
promotional material:
(j) to 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:
(k) to commission research
into matters relating to the functions of the Forum.
(2) When
carrying out its functions under subsection (1), 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.
18 Powers
of Forum
(1) The Forum has
the powers that are reasonably necessary to carry out its functions.
(2) The
Forum’s powers include the powers—
(a) to
consider issues related to its purpose; and
(b) to
receive reports from constituent parties; and
(c) to
make recommendations to constituent parties; and
(d) to
advise any person who requests the Forum’s advice; and
(e) to
commission or undertake those activities that are necessary to achieve its
purpose.
(3) The Forum must
not—
(a) appear
before a court or tribunal other than as a witness if called by a party to
proceedings; or
(b) take
part in a decision-making process under any enactment other than to advise when
requested to do so.
Governance Statement – updated May
2021
Whakatauki
“He waka kōtuia kāhore e
tukutukua ngā mimira.”
A canoe that is interlaced will not become
separated at the bow. In unity there is strength.” In the highly
developed craft of building ocean going waka the bow section was laced to the
centre hull. The waka provides a metaphor for tangata whenua, in that a people
interlaced will not be separated and through that unity we find strength.
This Governance Statement replaces
all prior versions. It covers how the Forum works, and key roles and responsibilities.
The Forum’s purposes, membership, functions and powers are set out in
detail in Part 2 of the Hauraki Gulf Marine Park Act 2000 (HGMPA) and are not
repeated here.
How the Forum works
Te whakahonore i o maatau hononga Tiriti
hei painga mo Te Moananui-ō-Toi; Tīkapa
Moana; Hauraki Gulf. The Forum will operate in partnership under the Treaty of
Waitangi in accordance with the Hauraki Gulf Marine Park Act, including the
principles of the Treaty of Waitangi under Section 6.
It will integrate and respect both Te Ao Māori and other world views.
The Forum’s conduct, and all those
that interact with it, will adhere to the intent of the following principles:
·
Aroha: being considerate – having respect
for relationships and being of service.
·
Openness and impartiality: having an open mind
when making decisions and listening to other points of view.
·
Tautoko: supporting others by respecting and
upholding others mana, dignity, identity and unique perspective.
·
Manaaki: caring for others by responsibly valuing
others and ensuring they feel valued.
·
Stewardship: using powers and resources
prudently.
·
Awhi: helping others by entering into effective
engagements in the spirit of co-operation and good faith.
·
Leadership: inspiring action toward achieving
common goals.
·
Tika: being responsible – doing the right
thing with integrity and accountability.
·
Pono: being effective – building
credibility.
·
Ethics: maintaining the highest standard of
ethical conduct.
The Forum will endeavour to meet quarterly,
with meetings split between the Auckland and Waikato regions. It will hold
additional workshops and meetings as required.
Our Roles and Responsibilities
-
Co-Chairs
o One Co-Chair is from and elected by the membership at large
o One Co-Chair is from and decided by the Tangata Whenua members
o Co-Chairs lead the Forum and are its spokespeople
o Co-Chairs work in partnership with each other
o Co-Chairs exemplify the principles by which we work
o Co-Chairs chair Forum meetings, set strategic direction, support and
work with all Members, and front public engagement
(A separate Co-Chairing arrangement records the practical aspects of
Co-Chairing)
-
Members
o Members support and work with the Co-Chairs and each other to take
effective decisions and progress the agenda of the Forum
o Members bring their expertise and mana to ensure quality decision
making in the interests of the Marine Park
o Members represent their Constituent Party, as defined under the
HGMPA
o Members may send alternates to meetings they are unable to attend so
long as this is notified in advance and in accordance with any applicable
practice
-
Executive Officer
o The Executive Officer functions as the Chief Executive of the Forum
and is responsible for taking forward resolutions of the Forum, ensuring
adherence to the HGMPA, supporting the Co-Chairs and all Members, preparing
meeting papers, coordination with external partners, and the Forum’s
management, contracts, finance and administration.
o The Executive Officer chairs meetings of Technical Officers and
works closely with the Governance Advisor.
-
Governance Advisor
o The Governance Advisor is responsible for collating and publishing
meeting agendas, writing minutes and providing advice on process.
-
Technical Officers
o Members are encouraged to have technical officers to provide them
and the Forum with expert support and advice.
o Technical Officers will work with their Members, the Executive
Officer and each other to progress the Forum’s resolutions, as
appropriate.
-
Administering Authority
o
Auckland Council is the Administering Authority
(for responsibilities see s28, HGMPA)
Review
This Governance Statement will be reviewed
every 3 years.
Threats to the Hauraki Gulf
File No.: CP2023/06236
Te take mō te
pūrongo
Purpose of the report
1. To
update the Forum on two of the current threats to the Hauraki Gulf Marine Park,
Tīkapa Moana, Te Moana-nui-ō-Toi: (i) the exotic seaweeds Caulerpa
brachypus and Caulerpa parvifolia, and (ii) the wreck of the RMS Niagara.
Whakarāpopototanga matua
Executive summary
2. There
are many threats to the Gulf, but exotic seaweeds and the RMS Niagara wreck are
both potentially devastating.
3. In
some ways they could not be more different. The exotic seaweeds Caulerpa
brachypus and Caulerpa parvifolia arrived here only a few years ago, while the
wreck of the RMS Niagara has been sitting at the bottom of the Gulf for more
than 80 years.
4. But
Caulerpa and the RMS Niagara present similarly game changing risks to the
health and wellbeing of the Hauraki Gulf, local communities, and could have
national economic, social and cultural ramifications.
Caulerpa
5. Caulerpa
has in a short timeframe matted the seafloor of many of the western bays of
Aotea Great Barrier Island, has spread to nearby Ahuahu Great Mercury Island,
and has most recently been found quite widely growing in Omakiwi Cove in the
Bay of Islands, several hundred kilometres outside of the current cordons on
Aotea and Ahuahu.
6. Studies
from overseas have shown that once Caulerpa gets loose, it results in
significant reductions in biodiversity and can reduce fish stocks and kaimoana
by as much as 30-50%. Whether or not this repeats locally is not yet clear. But
it is clear that where Caulerpa has established in New Zealand it has quickly
overrun the seafloor and displaced what was once there.
7. The
current management approach, led by Biosecurity NZ in coordination with
regional councils and NIWA, has been to try and slow its spread through a mix
of containment, education, and research. The confirmation of its presence in
Northland suggests that a step change in approach is now required.
8. In
recent weeks, Ngāti Pāoa and Ngāti Rēhua Ngātiwai ki
Aotea have written to the Minister for Biosecurity, Hon Damian O’Connor,
urging a switch to an eradication strategy. Similar sentiments have been
expressed by Revive our Gulf and Legasea. See Attachments A, B and C.
9. The
Forum has over the past 12 months repeatedly expressed its concerns to
Biosecurity NZ. As a result of this discussion today, it is proposed that the
Forum joins with the Northland and Auckland Conservation Boards, and regional
councils, to jointly call for a change in approach.
10. The present
strategy, with a seaweed that can spread at just 2mm in size, essentially
leaves mana whenua, regions and communities in an endless game of marine
whack-a-mole. Eventually, it results in Caulerpa everywhere from Cape Reinga to
East Cape, including in the inner Gulf around Waiheke, Motutapu, and the
eastern and north shore beaches.
RMS Niagara
11. The Royal
Mail Ship (RMS) Niagara rests at around 100-120m depth near the Mokohinau
Islands, just inside Auckland’s maritime border with Northland. Like all
WWII wrecks, the RMS Niagara is now entering what is known as the ‘peak
leak’ period for when ruptures will occur as a natural result of the
impact over time of corrosion and pressure on the wreck.
12. We know the
RMS Niagara still holds oil, because small leaks occur frequently, but we
don’t know (i) how much oil it still holds and (ii) when precisely the
tanks holding the remaining oil will rupture.
13. In the
worst-case scenario, the wreck of the RMS Niagara may hold up to a further 1600
tonnes of heavy fuel oil – though not all of that would go at once. In
comparison the RV Rena discharged around 300 tonnes.
14. In 2018,
Maritime NZ proposed that central government fund and pursue further investigation.
The responsible Ministers sought budget for this but the government did not
agree to the funding request.
15. In the
interim, other actors have conducted some further reconnaissance, and are
progressing proposals for non-invasive investigations to determine the scope
and timing of the risk presented. This presents both opportunities and risks.
The Forum’s Executive Officer recently hosted a meeting of all interested
parties to discuss how the Forum could best influence a more proactive future direction
and help prevent the worst case scenario.
Ngā tūtohunga
Recommendation/s
That the
Hauraki Gulf Forum:
On Caulerpa
a) back the
calls from mana whenua and community organisations for a step change in New
Zealand’s approach from (i) containment to (ii) containment and
eradication, with whole system engagement, a precautioinary approach to
potential vectors for spreading Caulerpa, and trials of removal methods;
b) urge the
provision of Crown funding to responsible agencies for containment and
eradication, and to mana whenua and community organisations for proactive
underwater surveillance;
c) support
an urgent and thorough assessment of the likely economic, social, cultural and
ecological impacts of the spread of Caulerpa;
d) support
greater inter-regional collaboration;
e) call for
reconsideration of the current prohibition on impacted communities engaging in
the active removal of Caulerpa;
f) request
publicly available mapping of known Caulerpa sites which is accurate and
updated in a timely fashion; and
g) write to
the Minister of Biosecurity, Biosecurity NZ and other relevant Ministers on the
above, and where possible do this jointly with the Northland, Auckland and
Waikato Conservation Boards, and concerned Regional Councils.
On
the RMS Niagara
h) write to
the Associate Minister of Transport and other relevant Ministers to urge Crown investment
in further reconnaissance so that full cost-benefit and risk assessments can be
carried out, including with respect to options for removing remaining fuel from
the wreck.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Letter from Iwi and Hapu
|
47
|
|
b⇩
|
Letter from Revive our Gulf
|
53
|
|
c⇩
|
Letter from Legasea
|
59
|
Ngā kaihaina
Signatories
|
Author
|
Alex Rogers - Executive Officer Hauraki Gulf Forum
|
|
Authoriser
|
Jacques Victor – General Manager Auckland Plan
Strategy and Research
|
