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.
