Agenda of Tangata Whenua / Tauranga City Council Committee Meeting

Terms of reference – Tangata Whenua/Tauranga City Council Committee

The following common responsibilities and delegations apply to all standing committees.

Responsibilities of standing committees

· Establish priorities and guidance on programmes relevant to the Role and Scope of the committee.

· Provide guidance to staff on the development of investment options to inform the Long Term Plan and Annual Plans.

· Report to Council on matters of strategic importance.

· Recommend to Council investment priorities and lead Council considerations of relevant strategic and high significance decisions.

· Provide guidance to staff on levels of service relevant to the role and scope of the committee.

· Establish and participate in relevant task forces and working groups.

· Engage in dialogue with strategic partners, such as Smart Growth partners, to ensure alignment of objectives and implementation of agreed actions.

Confirmation of committee minutes.

Delegations to standing committees

· To make recommendations to Council outside of the delegated responsibility as agreed by Council relevant to the role and scope of the Committee.

· To make all decisions necessary to fulfil the role and scope of the Committee subject to the delegations/limitations imposed.

· To develop and consider, receive submissions on and adopt strategies, policies and plans relevant to the role and scope of the committee, except where these may only be legally adopted by Council.

· To consider, consult on, hear and make determinations on relevant strategies, policies and bylaws (including adoption of drafts), making recommendations to Council on adoption, rescinding and modification, where these must be legally adopted by Council,

· To approve relevant submissions to central government, its agencies and other bodies beyond any specific delegation to any particular committee.

· To appoint a non-voting Tangata Whenua representative to the Committee.

· Engage external parties as required.

Terms of reference – Tangata Whenua/Tauranga City Council Committee

Membership

Independent chairperson	Mr Huikakahu Kawe
Deputy chairperson	Mayor Tenby Powell
Tauranga City Council members	Mayor Tenby Powell (Alternate: Deputy Mayor Tina Salisbury) Cr Jako Abrie Cr Kelvin Clout Cr Bill Grainger Cr Heidi Hughes Cr Tina Salisbury
Tangata Whenua members 6 members from the Tauranga Moana Tangata Whenua Collective	Mrs Irene Walker Mr Maru Tapsell Mr Whitiora McLeod Mr Hayden Henry Mr Puhirake Ihaka Mr Pine McLeod
Quorum	Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd
Meeting frequency	Formally three times per year at Council Chambers Informally meet three times a year on marae with all members of both the Council and all members from the Tangata Whenua Collective

Rapua te huarahi whanui hei ara whakapiri

i nga iwi e rua i te whakaaro kotahi

Seek the broad highway that will unite the two peoples

toward a common goal.

Note: the Terms of Reference for this Committee are being reviewed.

Membership

Partners Tauranga City Council and "nga hapu me nga iwi o Tauranga Moana" representing Tangata Whenua within the Tauranga City Council rohe (boundaries).

Tangata Whenua representatives are to be those with signed hapu protocols. One of the six Tangata Whenua representatives is to be a Kaumatua. Kaumatua representation is to have the ability to be shared between two Kaumatua if required.

Background

Council is committed to establishing and monitoring appropriate links with Tangata Whenua to enable effective relationships to develop and meet a number of legislative requirements including those under the Resource Management Act 1991 and the Local Government Act.

1. Tangata Whenua are deemed to be the respective Iwi and Hapu of Tauranga Moana.

2. The Local Government Act 1974 and Local Government Act 2002 contain provisions relating to the exercise of the powers, functions and duties of the Tauranga City Council.

Principles of the partnership

The Partners:

· Recognise the Treaty of Waitangi as the founding document of Aotearoa NZ.

· Will work with respect, goodwill, honesty, trust and integrity toward the other party and celebrate cultural diversity.

· Recognise that the relationship is a mutual two-way relationship and any changes of the agreement need to involve discussions and agreement between the partners.

· Recognise the need for Tauranga City Council to work within a legislative framework.

· Recognise the independence of each partner, including

a) The tangata whenua representatives as a voice for the Maori communities;

b) Recognise the independence of hapu and iwi;

c) The Council as a democratic decision maker, responsible to the community as a whole.

Role and scope

· To forge an ongoing effective and meaningful partnership between the Tauranga City Council and Tangata Whenua.

· To facilitate meaningful understanding of future impacts on key issues affecting Tangata Whenua and Māori that Council can influence.

The functions and key tasks are:

(a) To bring to the other partner’s attention issues / concerns in respect of existing strategy or policy.

(b) To exchange information of mutual interest.

(d) Agree agenda topics for the following 3 consecutive meetings.

Communication

· To educate the wider community on Tangata Whenua issues.

· To establish and maintain communication and consultation channels within the Council organisation and Tangata Whenua groups.

Monitoring

· To regularly monitor projects, policies and strategies managed or under development by Council which affect Tangata Whenua.

· To regularly monitor progress of key issues identified by Tangata Whenua through reporting of Council and the Tangata Whenua Collective.

· To monitor the on-going development and process of the Standing Committee.

Power to recommend

· To Council or any Standing Committee as it deems appropriate.

· Reports to Council.

Unconfirmed Tangata Whenua / Tauranga City Council Committee Meeting Minutes

20 February 2020

MINUTES

Tangata Whenua / Tauranga City Council Committee Meeting

Thursday, 20 February 2020

Order Of Business

1 Apologies. 3

2 Public Forum.. 3

3 Acceptance of Late Items. 3

4 Confidential Business to be Transferred into the Open. 3

5 Change to Order of Business. 3

6 CHAIRPERSON’S REPORT. 4

6.1 The Chairperson's Report. 4

7 Declaration of Conflicts of Interest 4

8 Business. 4

8.1 Quarterly Monitoring Report to February 2020. 4

8.2 Te Rangapu Mana Whenua Report 6

9 Discussion of Late Items. 7

10 NEXT MEETING.. 7

MINUTES OF Tauranga City Council
Tangata Whenua / Tauranga City Council Committee Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Thursday, 20 February 2020 AT 9.30am

PRESENT: Mr Huikakahu Kawe (Chairperson), Mayor Tenby Powell (Deputy Chairperson), Cr Jako Abrie, Cr Kelvin Clout, Cr Heidi Hughes, Cr Tina Salisbury, Mr Hayden Henry, Mr Puhirake Ihaka, Mr Pine McLeod, Mr Whitiora McLeod, Mrs Irene Walker, Mr Maru Tapsell

IN ATTENDANCE: Cr Andrew Hollis, Cr Dawn Kiddie, Cr Steve Morris, Marty Grenfell (Chief Executive), Carlo Ellis (Manager: Strategic Māori Engagement), Coral Hair (Manager: Democracy Services), Ariell King (Team Leader: Policy), Keren Paekau (Kaiarahi Māori ), Josh Te Kani (Kaiarahi Māori ), Danna Leslie (Senior Strategic Advisor), Rebecca Gallagher (Policy Analyst), Robyn Garrett (Team Leader: Committee Support), Jenny Teeuwen (Committee Advisor), Raj Naidu (Committee Advisor)

Karakia

Chairperson Mr Huikakahu Kawe opened the meeting with a Karakia.

1 Apologies

Committee RESOLUTION MA1/20/1

Moved: Cr Kelvin Clout

Seconded: Mr Puhirake Ihaka

That the apology for lateness from Mr. Pine McLeod and absences received from Cr Bill Grainger and Cr Larry Baldock be accepted.

Carried

2 Public Forum

Nil

3 Acceptance of Late Items

Nil

4 Confidential Business to be Transferred into the Open

Nil

5 Change to Order of Business

Nil

6 CHAIRPERSON’S REPORT

6.1 The Chairperson's Report.

Committee Resolution MA1/20/2

Moved: Cr Tina Salisbury

Seconded: Mayor Tenby Powell

That the Tangata Whenua/Tauranga City Council Committee:

(a) Receives the Chairperson’s report.

Carried

Key points

· The Chairperson congratulated the Mayor and councillors on their successful election.

· People were the most important focus for any discussions and not ethnicity.

· The Chairperson provided an update on the Treaty process and the recommendations.

· The Treaty settlement was a long journey and each iwi had to make their own decisions.

At 2.04pm, Mr Pine McLeod entered the meeting.

· The Chairperson discussed the level of domestic violence, escalating firearms issues, child abuse and the challenges in addressing these issues.

· The begging and street use policy had an impact on the street whanau, most of whom were Māori.

· The Collective wanted to support and be involved in the decision-making process to ensure that Council made the right decisions in the cultural context.

7 Declaration of Conflicts of Interest

Nil

8 Business

8.1 Quarterly Monitoring Report to February 2020

Committee Resolution MA1/20/3

Moved: Mr Whitiora McLeod

Seconded: Cr Kelvin Clout

That the Tangata Whenua/Tauranga City Council Committee:

(a) Receives the report - Quarterly monitoring report to February 2029.

Carried

Staff: Carlo Ellis, Manager: Strategic Māori Engagement

- Tabled item 1

Key points

· The Chairperson was acknowledged for his guidance and an update was provided on staffing changes to the Takawaenga Unit.

· The iwi representation in some Council committees was going to change with respect to Anthony Ririnui and Dr. Wayne Beilby.

· Takawaenga Unit had operated on three key engagement principles of (a) taking matters to Tangata Whenua as early as possible, (b) more face to face meetings so that there was better collaboration in the consultation processes, and (c) ensuring that information shared by the Unit was correct.

In response to questions

· Takawaenga Unit worked with each hapū and iwi to facilitate the development process but had to respect internal processes, protocols and challenges that the different hapū and iwi had, and this had ultimately slowed down progress on development plans.

· It was important to be mindful that every hapū and iwi had different levels of capabilities, resources, finances, and capacity.

· There were some similarities between what hapū and iwi had wanted and what the Council plans for Tauranga were.

· Council plans had key deliverables and priority benchmarks, so Takawaenga Unit met with each hapū on a regular basis to assist them in working towards those benchmarks and deliverables.

· The Takawaenga Unit was somewhat restricted and limited in capacity on what it could do because it was a four-person team spread over seventeen hapū and iwi, some of which had complex needs across multiple agencies such as the district and regional councils.

· The Unit relied on the guidance, feedback and support from hapū and iwi regarding priorities and aspirations.

· For Tangata Whenua, the conversation around the need for a museum was a live one and they were open to discussion on it.

· The negotiations with Ngati Whakaue ki Maketu were complex and complicated due to the comprehensive nature of their claim.

· Maria Horne’s untimely passing had further compounded and slowed the process for Ngati Whakaue ki Maketu because Maria was a key driving force and subject matter expert.

· It was critical for Council to understand the treaty settlements because there were remedies and lessons learnt from them that could assist in future processes.

· It would be useful for councillors to understand the legislative requirements of the claims and settlements process to aid in their decision making.

· Approximately ninety percent of Māori land was zoned rural, but it was still important to explore infrastructure such as Māori housing development on these lands.

· A report on development impact fees had been presented to Council and the request for special consideration for Māori land had to be discussed.

· The Māori Land Trusts may be amenable to discussions about rates but that would depend on financial positions of the trusts.

· The Rangapu were also accessing some resources to make their own independent report to explore development opportunities.

· Another challenge for Council was that it did not have jurisdiction in some of the areas being discussed, but there was an opportunity to work with other agencies to mitigate duplication of projects and complicating or slowing the process.

· It was important to have collaboration and synergy between all agencies and councils in Tauranga so that there was an awareness of projects rather than working in silos, particularly with respect to the SmartGrowth process.

· Welcome Bay was used as an example where there could be two parcels of land on the opposite sides of a street owned by the same group yet be subject to two different rules due to jurisdiction and boundary lines.

· Māori land and its subsequent development was governed under a different set of rules which had its own challenges; however, the potential was great for landowners and an independent report to the Maori Land Trusts would be the preferred path.

· The discussions on boundary changes in the Tauriko West development was still progressing.

· For the Te Tumu project, there was a working party between Council, hapū and iwi; and, the Takawaenga Unit was working on encouraging Māori Land Trusts to be a part of these discussions so that challenges around property or land rights could be resolved.

· It was prudent for councillors to be well versed on the differences between Māori Land Trusts and hapū obligations under the Resource Management Act because the legislative requirements were very complex and challenging.

· A workshop on the subject matter above would be worthwhile for councillors, particularly for those who were new to the Council committee.

· The collaboration in the spatial planning and integration space between Tangata Whenua, Tauranga City Council, Western Bay of Plenty District Council, and Bay of Plenty Regional Council was crucial because future environmental challenges would lead to changes in district planning.

· SmartGrowth needed to manage growth so that utilities could be protected for future growth and development.

Items for staff:

ACTION: Carlo Ellis to talk to the Legal Team on organising a workshop.

8.2 Te Rangapu Mana Whenua Report

Committee RESOLUTION MA1/20/4

Moved: Mr Puhirake Ihaka

Seconded: Cr Tina Salisbury

That the Tangata Whenua/Tauranga City Council Committee:

(a) Receives the report - Te Rangapu Mana Whenua Report.

Carried

Key points

· Mr Puhirake Ihaka informed the committee members that he was retiring as Chair after twelve years of service and Ms. Matire Duncan would replace him as the new chair for the Te Rangapu Mana Whenua o Tauranga Moana.

· He reiterated that iwi members should be given voting rights in the standing committee for a more meaningful and mutually beneficial relationship between Council and iwi members because doing so would give the decision-making process more credence and acceptance.

· It was the Te Rangapu Mana Whenua o Tauranga Moana’s wish that Council review the membership terms of reference of the policy so that the current membership imbalance was addressed and that the committee becomes a committee of the whole rather than simply being a recommendatory committee.

· By addressing the voting and membership rights, Council would gain the trust of the members, would get a unified view of members, and the consultative process would be more collaborative.

· When the time came to sell or dispose properties that were surplus to Council needs or requirements, it was requested that Tangata Whenua should be offered the right of first refusal and this should include the market value that was put on the transaction.

· The discussions on the right of first refusal and subsequently amending the policy to include it had been going on for over three years or more and a commitment needed to be made.

· Every three years, elected members had changed due to elections but the hapū and iwi members remained the same, so it was time that the current Council made a decision.

· A date needed to be confirmed for a workshop to discuss the recommendations of this report so that an informed decision-making process could be started.

9 Discussion of Late Items

Nil

10 NEXT MEETING

Romai Marae would host the next informal forum of all Elected Members and members of the Tangata Whenua Collective, scheduled for Wednesday, 22 April 2020.

Karakia

The meeting closed with a Karakia by Mr Puhirake Ihaka.

The meeting closed at 10.46am.

The minutes of this meeting to be confirmed at the Tangata Whenua / Tauranga City Council Committee Meeting held on 18 June 2020

...................................................

CHAIRPERSON

Tangata Whenua / Tauranga City Council Committee Meeting Agenda

18 June 2020

8.3 Māori Representation

File Number: A11543294

Author: Coral Hair, Manager: Democracy Services

Carlo Ellis, Manager: Strategic Maori Engagement

Authoriser: Susan Jamieson, General Manager: People & Engagement

Purpose of the Report

1. The report provides information on Māori Representation options and seeks guidance from the Committee on these options.

Recommendations

That the Tangata Whenua / Tauranga City Council Committee:

(a) Receives the report “Māori Representation”.

(b) Provides guidance to the Council on Māori Representation options.

Executive Summary

2. The Council resolution to establish a Māori ward for the 2022 election has to be made by 23 November 2020 (two years before the next election). This is optional. If the Council resolves to establish a Māori ward it must give public notice by 30 November 2020 which includes a statement that 5% of electors can demand a poll to countermand the Council resolution.

3. Based on the number of councillors staying the same at 10 councillors, one Māori ward can be proposed for Tauranga City.

4. The decision on Māori wards will feed into the Representation Review, which the Council is required to undertake every six years and must be completed by 31 August 2021.

5. Alternative options to meet our obligations to Te Tiriti o Waitangi by ensuring Māori contribution to decision-making are available and have been implemented by other councils.

Background

6. The Council may establish Māori wards. This is optional. This process is set out in the Local Electoral Act 2001 (LEA).

7. Māori wards can be achieved by:

(a) A Council resolution; or

(b) Favourable outcome of a poll of electors. This poll may be:

(i) demanded by electors or

(ii) the result of a Council resolution

8. The Council resolution to establish a Māori ward for the 2022 election has to be made by 23 November 2020 (two years before the next election).

9. If the Council resolves to establish a Māori ward it must give public notice by 30 November 2020 which includes a statement that 5% of electors can demand a poll to countermand the Council resolution.

10. A valid demand for a poll must be received by 21 February 2021 or the Council can also decide to hold a poll by 21 February 2021. This is notified to the Electoral Officer and the poll must be held not later than 89 days after the notification i.e. not later than 21 May 2021.

11. The results of the poll are binding and take effect for the next two elections i.e. 2022 and 2025. If the poll fails to establish a Māori ward this will not be considered for another six years.

12. The decision on Māori wards will feed into the Representation Review which the Council is required to undertake every six years and must be completed by 31 August 2021. The Council needs to be aware of the implications of establishing a Māori ward before it begins the Representation Review. Approximately 22 councils are due to have reviews in 2021.

13. The Council makes this decision and there is no right of appeal to the Local Government Commission.

Strategic / Statutory Context

14. This process for establishing Māori representation for territorial authorities is set out in section 19Z-19ZA of the Local Electoral Act 2001 (LEA).

Options Analysis

Option 1 – Council Resolution and Poll

15. This report starts a process of consultation with iwi and hapū on whether Māori representation through establishing a Māori ward is desirable.

16. For many councils the process under the LEA has not resulted in Māori representation being introduced, with many Māori now believing there are better ways to achieve representation. These are discussed in options 2 and 3.

17. The timeline for establishing a Māori ward is set out in the table below.

Timeline for establishing Māori Wards

Date	action
23 November 2020*	If Council resolves to introduce Māori Representation this must be done by 23 November 2020 (to be in time for the 2022 election).
30 November 2020*	If a resolution has been made by the Council, the Council must give public notice by 30 November 2020 of the right for electors to demand a poll be held on Māori Representation. If there is no change there is no requirement to notify the public of the right of 5% of the electors to demand a poll.
21 February – 21 May 2021	· If a demand for a poll is received by 21 February 2021, a poll must be held by 21 May 2021. (Section 19ZC of LEA) · The Council may also resolve to undertake a poll on Māori Representation by 21 February 2021.
21 May 2021	If a successful demand for a poll has been received by 21 February 2021 for Māori Representation or the Council has resolved to undertake a poll, this must be held by 21 May 2021 (within 89 days of notification) –19ZF of LEA).
By 31 August 2021*	· Council must adopt an initial proposal for Representation Review for public consultation. · The Council hears submissions and makes a decision on a final proposal.
By 19 November 2021*	· Public notice of Council of final proposal. Starts one month appeal/objection period. · If appeals/objections received – the Local Government Commission hears these and makes determination by April 2022.
* Can be done earlier than these dates

18. Based on the number of councillors staying the same at 10 councillors, one Māori ward can be proposed for Tauranga City. There is a formula in Schedule 1A of the LEA that calculates how many Māori wards can be established based on the number of general electoral and Māori electors and number of councillors. The Local Government Commission has this information on their website these based on the Stats NZ 2018 census figures.

19. There are three councils in New Zealand with Māori representation, BOP Regional Council (introduced 2001 by specific legislation), Wairoa District Council (result of poll in 2016 50% for, 42.5% against), Waikato Regional Council (introduced 2013 by Council resolution – no poll received in response to council resolution).

20. Previous polls undertaken in New Zealand result in a no vote of approximately 70-80% (see table below for recent examples). Even councils with high Māori populations are unsuccessful when holding a poll. It is very likely that a council-initiated poll or valid elector demanded poll will have the same result in Tauranga.

Council	Result
Whakatāne District Council 2018	44% for, 55% against
Waikato District Council 2015	20% for, 80% against
Far North District Council 2015	32% for, 68% against
Hauraki District Council 2013	19% for, 81% against

21. The Local Electoral (Equitable Process for Establishing Māori Wards and Māori Constituencies) Amendment Bill, known as the Andrew Judd Bill, is stalled in Parliament. This would make the process by which councils can establish Māori wards (territorial authorities) and Māori constituencies (regional councils) the same process by which councils can establish general wards and constituencies’. This was considered by the Justice and Environment Select Committee inquiry into the 2016 elections.

Option 2 – Tangata Whenua Representatives voting

22. There is currently one Tangata Whenua Representative on each of the four Council committees undertaking the same preparatory duties as Councillors and contributing to discussion with a high degree of expertise and knowledge.

23. Non-Māori cannot fully represent the Māori position regarding issues on the table.

24. Affording voting rights to the Tangata Whenua Representative would move their participation in decision making from passive to active as provided for in Te Tiriti o Waitangi and as expressed in the Local Government Act 2002.

25. This voting right would reflect the respect and mana of partnership at the table as intended by Te Tiriti o Waitangi.

26. This voting right would ensure the Māori perspective on any topic is fully represented without undue influence, misinterpretation or misunderstanding as it would be reflected directly in the vote.

27. This voting right would mean one of twelve votes in each committee.

Option 3 – Iwi Partnership Model

28. A further option is to consider Iwi Partnership Models that other councils have adopted.

29. Examples of other councils with Iwi Partnership Models include:

· Rotorua Lakes District Council / Te Arawa Partnership Model – Te Arawa Board members nominated to key Council committees (with voting rights) but committee recommendations confirmed by Council. 14 elected members elected by 11,153 Te Arawa descendants (25% voter turnout at Dec 2015 election) – This was contentious - RLDC received 1,800 submissions on the model in May 2015.

· Gisborne District Council – iwi representatives at all committees of Council; project specific protocols (around culturally significant issues); iwi can address all Council and committee meetings on any topic (Standing Orders); iwi provide input on all resource consent applications; formal relationship documents.

· Taranaki Regional Council (resulted from settlement act) – three iwi representatives to sit on two key committees (Policy and Planning, Consents and Regulatory) – three are selected by the eight iwi (one from each waka) and nominated for approval by Council; iwi consulted on resource and planning processes.

Financial Considerations

30. There is no cost of introducing voting rights however, the cost of a poll are estimated at $190,000 to $210,000 (Warwick Lampp provided these figures for the referendum proposal in May 2020). Does not include consultation or public notice costs. This cost would be an unbudgeted expense.

Legal Implications / Risks

31. The Council has the option of introducing Māori wards under the LEA. If the Council resolves to do so, it is most likely that a valid poll will be demanded. A further poll cannot be considered again for six years.

32. The Local Government Act 2002 principles for local authorities, section 14(1)(d) states a local authority should provide opportunities for Māori to contribute to decision making. Some alternative methods are set out in this report.

Consultation / Engagement

33. There will be a public engagement process with the Representation Review. The consideration of Māori representation is the first part of this process.

Significance

34. This report is not considered significant in terms of the Council’s Significance and Engagement Policy, however the issue of Māori representation is of high public interest.

Click here to view the TCC Significance and Engagement Policy

Next Steps

35. Consultation with iwi and hapū on options in this report. Feedback to Council.

36. Council briefing July 2020.

Attachments

Nil


AGENDA Tangata Whenua / Tauranga City Council Committee Meeting Thursday, 18 June 2020
I hereby give notice that a Tangata Whenua / Tauranga City Council Committee Meeting will be held on:
Date:	Thursday, 18 June 2020
Time:	9.30am
Location:	Tauranga City Council Council Chambers 91 Willow Street
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive