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	To be appointed by the Committee
Tauranga City Council members	Commission Chair Anne Tolley Commissioner Shadrach Rolleston Commissioner Stephen Selwood Commissioner Bill Wasley
Tangata Whenua members 6 members from the Tauranga Moana Tangata Whenua Collective	Ms Matire Duncan Mr Puhirake Ihaka Mr Whitiora McLeod Mr Buddy Mikaere Ms Irene Walker Mr Nathan James
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 maha i te whakaaro kotahi

Seek the broad highway that will unite the multitude of peoples

toward a common goal.

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

29 March 2021

MINUTES

Tangata Whenua / Tauranga City Council Committee Meeting

Monday, 29 March 2021

Order Of Business

1 Opening Karakia. 3

2 Apologies. 3

3 Public forum.. 3

4 Chairperson’s Report 3

4.1 Chairperson's Verbal Update Report 3

5 Acceptance of late items. 4

6 Confidential business to be transferred into the open. 4

7 Change to order of business. 4

8 Confirmation of Minutes. 5

8.1 Minutes of the Tangata Whenua / Tauranga City Council Committee Meeting held on 22 October 2020. 5

9 Declaration of conflicts of interest 5

10 Business. 5

10.1 Māori Wards. 5

10.2 Meeting dates for 2021. 6

10.3 External Report | Te Rangapū Mana Whenua o Tauranga Moana Report 6

11 Discussion of late items. 8

12 Closing Karakia. 8

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 Monday, 29 March 2021 AT 10.30am

PRESENT: Mr Huikakahu Kawe (Chairperson), Commission Chair Anne Tolley, Commissioner Shadrach Rolleston, Commissioner Stephen Selwood, Commissioner Bill Wasley, Mr Puhirake Ihaka, Mr Whitiora McLeod, Mr Buddy Mikaere, Ms Irene Walker, Ms Matire Duncan, and Mr Nathan James

IN ATTENDANCE: Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate Services), Susan Jamieson (General Manager: People & Engagement), Nic Johansson (General Manager: Infrastructure), Gareth Wallis (General Manager: Community Services), Carlo Ellis (Manager: Strategic Māori Engagement), Coral Hair (Manager: Democracy Services), Keren Paekau (Team Leader: Takawaenga Māori ), Cynthia Hamel (Kaiarahi Māori ), Robyn Garrett (Team Leader: Committee Support), Jenny Teeuwen (Committee Advisor), and Raj Naidu (Committee Advisor).

1 Opening Karakia

Mr Puhirake Ihaka opened the meeting with a Karakia.

2 Apologies

Nil

3 Public forum

Nil

4 Chairperson’s Report

4.1 Chairperson's Verbal Update Report

Chairperson Mr Huikakahu Kawe

Key points

· Chairperson welcomed the Commissioners and Nathan James to the Tangata Whenua / Tauranga City Council Committee.

· He urged the new members and the committee to work in partnership for the betterment of all communities that call the Bay of Plenty their home.

· The Otamataha Trust had been instrumental in the Anglican Church apology and work was progressing on the next steps towards commitment to iwi empowerment under the Treaty of Waitangi.

· Tauranga City Council’s contributions in working towards alleviating Tauranga’s homelessness crisis was acknowledged; however, significant levels of work were still required.

· The ongoing concerns from Whareroa Marae regarding commercial and industrial activities in the area were reiterated.

· Addressing the impacts to iwi health by these activities should be prioritised given that the marae preceded all modern development in the area.

· Historically, the Māori King could not get an opportunity to address Her Majesty the Queen in England and that struggle had continued until the present day where Māori were still struggling to get an audience with the Crown to air their grievances and concerns in a safe space.

· The Poukai 70th year celebrations would be held on 3rd April 2021 at 9.30am and the Chairperson was going to send out invites.

Discussion points raised

· Some members of the community were homeless by choice and some were homeless without choice.

· Tauranga was in a housing crisis and there needed to be concerted effort by all stakeholders to come together to address and alleviate it.

· Central government needed to be proactive by buying houses for rental by low income earners or those in crisis housing rather funding motels as homeless shelters.

Committee Resolution TW1/21/1

Moved: Mr Puhirake Ihaka

Seconded: Mr Buddy Mikaere

That the Tangata Whenua / Tauranga City Council Committee:

(a) Receives the Chairperson's Verbal Update Report.

Carried

5 Acceptance of late items

Nil

6 Confidential business to be transferred into the open

Nil

7 Change to order of business

Nil

8 Confirmation of Minutes

8.1 Minutes of the Tangata Whenua / Tauranga City Council Committee meeting held on 22 October 2020

Committee Resolution TW1/21/2

Moved: Mr Whitiora McLeod

Seconded: Ms Matire Duncan

That the minutes of the Tangata Whenua / Tauranga City Council Committee meeting held on 22 October 2020 be confirmed as a true and correct record.

Carried

9 Declaration of conflicts of interest

Nil

10 Business

10.1 Māori Wards

Staff Coral Hair, Manager: Democracy Services

Carlo Ellis, Manager: Strategic Māori Engagement

Key points

· A lot had changed in terms of legislation and requirements regarding Māori wards since the previous Tangata Whenua/Tauranga City Council Committee meeting.

· A number of options were provided in the report which took into consideration the amendments to the Local Electoral Act (LEA) 2001 by the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (Amendment Act).

· The Amendment Act had revoked binding poll provisions in the LEA for Māori wards and stopped the process for any valid demands for polls received by councils and enabled councils who had resolved to establish Māori wards to either let the resolution stand or to revoke it by 21 May 2021. A further option was to hold a non-binding poll.

In response to questions

· The number of Māori members for each council was determined by a complex formula set out in the LEA. The Māori electoral population of the district included not only those enrolled on the Māori roll but a portion of the Māori population residing in the City.

· Statistics New Zealand provided this demographic data and their calculations were available on the Local Government Commission website for all councils.

· A new decision on Māori wards was not required because the previous Council had made a decision and therefore the Committee only needed to recommend to the Council that the original decision be confirmed.

· Referendums were no longer binding for Māori wards; however non-binding referenda could be held.

· The Council had received a valid demand for a poll; however, this was cancelled when the Amendment Act 2021 came into force.

· The next steps were listed on page 20 of the report (points 40-43 in page 26 of the agenda).

Discussion points raised

· Ms Irene Walker thanked and acknowledged the Committee, staff and stakeholders for the achievements that had been made in terms of establishing a Māori ward and requested that Tangata Whenua continue to be involved and engaged in the processes.

Committee Resolution TW1/21/3

Moved: Mr Whitiora McLeod

Seconded: Mr Puhirake Ihaka

That the Tangata Whenua / Tauranga City Council Committee:

(a) Receives the report on Māori Wards; and

(b) Recommends to the Council that the decision of 25 August 2020 to establish a Māori ward for the 2022 elections be confirmed.

Carried

10.2 Meeting dates for 2021

Staff Coral Hair, Manager: Democracy Services

Carlo Ellis, Manager: Strategic Māori Engagement

Key points

· The report was taken as read and direction was sought from the Committee regarding meeting dates for 2021.

Discussion points raised

· Thursday was recommended for Tangata Whenua/Tauranga City Council Committee meetings because Tangata Whenua members had already confirmed the schedule in 2020; Commissioners were happy to continue with Thursday as the preferred day for the meetings.

· All Informal meetings were pending confirmation which had been provided in this meeting and Te Pou Takawaenga would make arrangements with maraes accordingly.

Committee Resolution TW1/21/4

Moved: Commission Chair Anne Tolley

Seconded: Ms Matire Duncan

That the Tangata Whenua / Tauranga City Council Committee:

(a) Provides feedback on the meeting dates proposed for the Committee for 2021 and chooses to retain dates as had been scheduled for 2021.

Carried

10.3 External Report | Te Rangapū Mana Whenua o Tauranga Moana Report

Member Ms Matire Duncan, Chairperson Te Rangapū Mana Whenua o Tauranga Moana (RMW)

Key points

· The RMW requested to re-establish roles for Tangata Whenua representatives who were on committees that had been disestablished and to retain the positions of Tangata Whenua representatives Dr Wayne Beilby, Marcia Murray, Te Pio Kawe and Emily Gudsell.

· The RMW reiterated the desire to make the Tangata Whenua/Tauranga City Council Committee become a committee of the whole.

· It was requested that Commissioners show support for the establishment of a Māori ward because it had been a long journey to get to this point.

· The RMW thanked members and staff for the various workshops and information sessions on a number of key policies, topics, and issues as it had assisted them to make informed choices and decisions.

· The key priorities for the RMW in the next coming months were discussed; these were: Strategic Planning workshop, 3 Waters reforms hui organised by Department of Internal Affairs, Resource Management Act 1991 repeal workshops, and Tauranga City Council’s Long Term Plan workshops.

In response to questions

· A new proposed standing committee of Council was in discussions which would potentially include Tangata Whenua members from disestablished committees.

· The voting process for the proposed standing committee needed to be discussed in detail due to a membership imbalance with now only four commissioners rather than eleven elected members.

· For Tauranga City Council’s Long Term Plan workshops, the Chairperson of Te Rangapū Mana Whenua o Tauranga Moana would be involved in the process.

· The Acquisition and Disposal policy (including Right of First Refusal) was out for public consultation and submissions closed on 15 April 2021.

Discussion points raised

· The report had raised questions of further engagement with Tangata Whenua so that relationships could be enhanced, and to explore what other opportunities existed to assist with holistic decision-making as well as to streamline processes to reach mutually beneficial outcomes.

· Department of Internal Affairs (DIA) invitation to the 3 Waters reform hui in Rotorua was received well and gave Tangata Whenua a glimpse into the complexity and sheer magnitude of the reforms.

· The 3 Waters Reform needed to have wider community involvement and it was the RMW’s view that the DIA should organise another hui in Tauranga.

· Courageous decisions were required when dealing with Tangata Whenua concerns and issues; the relationship between Tangata Whenua and the Commissioners was critical.

· Māori land infrastructure should be a top priority in discussions for reforms and city plans; the LTP and similar processes should also take it into account.

Committee Resolution TW1/21/5

Moved: Ms Matire Duncan

Seconded: Mr Puhirake Ihaka

That the Tangata Whenua / Tauranga City Council Committee:

(a) Receives Te Rangapū Mana Whenua o Tauranga Moana Report.

Carried

11 Discussion of late items

· An update was provided on Te Ranga Memorial Reserve updgrades; the Battle of Te Ranga celebrations were to be held in June.

· The upgrade funding of approximateluy $360,000 was part of the Caring for Communities Grant package.

· It would be prudent to have a united voice between Tangata Whenua and Tauranga City Council during the 3 Waters reform; and should be included in the agenda of the Tangata Whenua / Tauranga City Council Informal Committee to be held on 15 April 2021.

· Tangata Whenua Collective was formed in 2002 and after some discussions the Tangata Whenua / Tauranga City Council Committee was formed thereafter. The whakatauki in the Terms of Reference required updating because of changes to the committee over the years.

12 Closing Karakia

Mr Puhirake Ihaka closed the meeting with a Karakia.

The meeting closed at 12.00pm.

The minutes of this meeting were confirmed as a true and correct record at the Tangata Whenua / Tauranga City Council Committee meeting held on 23 June 2021.

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

CHAIRPERSON

Tangata Whenua / Tauranga City Council Committee Meeting Agenda

23 June 2021

10 Business

10.1 Te Pou Takawaenga Report

File Number: A12604476

Author: Carlo Ellis, Manager: Strategic Maori Engagement

Authoriser: Susan Jamieson, General Manager: People & Engagement

Purpose of the Report

1. To provide updates on key projects and activities

Recommendations

That the Tangata Whenua / Tauranga City Council Committee receives Te Pou Takawaenga Report.

HE MIHI

Tēnei he mihi kauana ki a tātou, ngā whānau e rua kua whakakotahi i tēnei kōmiti. Te taha kōmihana e pukumahi ana ki te rautaki whakamua – Whanake te Tai! Te taha mana whenua, ngā kaitiaki o tēnei takiwa e pupuri i ngā tikanga me ngā kawa a ō mātou tūpuna – Whanake te Tai! Ko te wero, kia kotahi ai hei oranga mō tātou katoa. He tauranga tangata.

Nau mai ki te ripoata tuatahi ki tēnei kōmiti mo tēnei ao hou ki te taha o ngā kōmihana. Ka āta tirohia e tātou ki nga aro pū mō tātou katoa. Ko ēnei ngā tino take i mua i ā tātou i tēnei wa. Mā kōutōu e whakawhiti kōrero, kia whakapiri, kia whakatata i ngā whakaaro.

Nō reira, tēnei te mihi anō, āheiha!

Special greetings to us all, two families joined together on this committee. On one side the commission working hard on our way forward – Lets forge our way forward as the tide forges its way! On one side the people of this land, guardians of this region, holding on to the wisdom developed by our ancestors – Lets forge our path forward as the tide forges its way! The challenge is for us to forge together as one, to better us all. A place for all people.

Welcome to the first report in this new chapter alongside the Commissioners. Let us focus on the tasks of most importance for us all at this time. That you all may push the discussion back and forth to find the common ground in our thoughts.

Therefore, greetings again, we can do this!

NGA WAI TOKOTORU – THREE WATERS REFORM

Recently we held an update workshop with Te Rangapū Mana Whenua o Tauranga Moana (RMW) and the Commissioners particularly focussed on sharing what we know of the timelines thus far and to discuss what a joint approach might look like.

Following discussion, both entities agreed it would be beneficial to work closely together as reforms are moving quickly. There are likely to be updates in June or July 2021 following which it would be good to consider those together and discuss ways to support each other to ensure the best outcome is reached for the community.

It was noted that a tangata whenua engagement stream has been established by TCC utilising the model approved for the City Plan Review.

RMW supported that the Tauranga Moana Iwi Management Plan 2016-2026 is the key strategic document outlining collective positioning and supported the themes of feedback provided thus far regarding the reforms, namely:

1. Ensure regionalisation takes proper account of natural Māori alliances;

2. Discharge to whenua is more appropriate than discharge to wai – how will reforms bring priority to these tikanga;

3. Protect kaitiakitanga – iwi and hapū must be supported to maintain guardianship over their taonga (including the bodies of water as well as the flora and fauna within and around);

4. Prioritise supporting the utilisation of Māori land in the delivery of infrastructure;

5. Plan for better alignment with the natural form and function of the taiao.

It was agreed that timely information sharing and regular workshops would be best practice for a joint way forward.

TE MANA O TE TAIAO – RMA REFORMS

Another key reform is that taking place regarding the Resource Management Act. Whilst the information lead is expected to be the Bay of Plenty Regional Council there was a desire for impacts to be closely analysed against TCC processes with particular note on how the RMA and the Local Government Act would work alongside each other.

In order to address capability and capacity issues to resource iwi and hapū to keep pace on these reforms it was suggested that an engagement stream is also established in this space. This will support timely consideration of updates enabling tangata whenua to advise and contribute to any system changes required to accommodate changes and minimise impacts. This will require technical support alongside mātauranga Māori to enable us all to best consider the impacts and set up a system that enables best practice.

This discussion pre-empts the legislative changes however anticipated impacts include the consent processes that were previously under review at SmartGrowth but have since been sidelined. The TCC consenting team has started discussions on how our processes might be improved to ensure tangata whenua considerations are forthcoming, supported and well considered in any activities across the City.

TE RAUTAKI O TAURANGA – CITY PLAN REVIEW UPDATE

A dedicated Tangata Whenua workstream for the review has been established to lead the engagement with tangata whenua. The first series of workshops were held in March/April to provide tangata whenua with an overview of the City Plan Review (CPR) process and how engagement will occur throughout and to workshop through the key issues and opportunities that Tangata Whenua want to see council take into consideration as part of the review.

The key themes raised by attendees from Matapihi, Hangarau, Welcome Bay, Ohauiti and Huria have been around better use of maori land including papakāinga development, accessibility to infrastructure for services to māori communities and transport issues, and the protection of cultural sites (Siginificant Māori Areas and Viewshafts).

Because Tangata Whenua have a holistic view, some of the issues and concerns raised were wider than what the City Plan can address such as environmental matters like jet boating on the Kaituna River, structures in the harbour and discharges to water. These matters will be worked through with TCC staff and staff from the Bay of Plenty Regional Council and Western Bay of Plenty District Council.

The next series of workshops will be held in July where staff will report back to tangata whenua and to workshop key issues such as Significant Māori Areas and viewshafts.

Council are not sure of the implications of the Resource Management Reforms on the City Plan Review, however, we will monitor these developments and continue with our work programme until we have further clarity.

IWI & HAPU MANAGEMENT PLANS AND THE COMBINED IWI SPATIAL PLAN

SmartGrowth is pushing towards a Joint Spatial Plan (JSP) which will have an Iwi Spatial Plan (ISP) that feeds into it alongside all the other regional plans SmartGrowth has been driving e.g. UFTI & TSP.

In order to ensure a respectful and genuine ISP we have been encouraging and supporting each hapū and iwi to have a plan that can inform the layers above. Respecting tino rangatiratanga (autonomy) and seeking collective points of support will be essential in producing a layer that would encompass the various iwi and hapū interests. Some iwi & hapū have well developed plans including management plans, land use plans and environmental plans while others are yet to embark on these processes. Historically we have respected the varying levels of capacity to undertake these exercises however we should be prepared to support and resource strong planning to inform the ISP and therefore the JSP.

Attachments

Nil


AGENDA Tangata Whenua / Tauranga City Council Committee Meeting Wednesday, 23 June 2021
I hereby give notice that a Tangata Whenua / Tauranga City Council Committee Meeting will be held on:
Date:	Wednesday, 23 June 2021
Time:	9.30am
Location:	Tauranga City Council Council Chambers 91 Willow Street Tauranga
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