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

Interim chairperson	Mr Puhirake Ihaka
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 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.

Tangata Whenua / Tauranga City Council Committee Meeting Agenda

16 February 2022

8.2 Terms of Reference for Tangata Whenua/Tauranga City Council Committee

File Number: A13204324

Author: Coral Hair, Manager: Democracy Services

Authoriser: Tony Aitken, Acting General Manager: People and Engagement

Purpose of the Report

1. This report sets out options for potential changes to the Terms of Reference for the Tangata Whenua/Tauranga City Council Committee.

Recommendations

That the Tangata Whenua / Tauranga City Council Committee:

(a) Receives the report “Terms of Reference for Tangata Whenua/Tauranga City Council Committee”.

(b) Provides feedback on any proposed changes to the Terms of Reference for the Tangata Whenua/Tauranga City Council Committee.

Executive Summary

2. The Commissioners have requested that all meetings of the Tangata Whenua/Tauranga City Council Committee (TW/TCC) are held on marae. The TW/TCC is asked to provide feedback on the current Terms of Reference (TOR) that distinguish between formal and informal meetings.

Background

3. Prior to February 2021 there were six elected members from the Tauranga City Council (TCC) appointed to the Tangata Whenua/Tauranga City Council Committee (TW/TCC), and six members representing Tangata Whenua, plus an Independent Chairperson.

4. On 22 February 2021, the councillors were discharged from the TW/TCC and Commissioners Anne Tolley, Shadrach Rolleston, Stephen Selwood and Bill Wasley were appointed to represent Tauranga City Council (TCC). The membership representing Tangata Whenua was confirmed as:

- Mr Huikakahu Kawe (Independent Chairperson)

- Ms Matire Duncan

- Mr Puhirake Ihaka

- Mr Whitiora McLeod

- Mr Buddy Mikaere

- Mrs Irene Walker

- Mr Nathan James

5. With the passing of Huikakahu Kawe, there is a vacancy in the position of Independent Chairperson of the TW/TCC and an appointment process is underway to fill that position. A verbal update will be provided at the meeting. Puhirake Ihaka is chairing the meetings until the position is filled.

6. Prior to February 2021 the Mayor was appointed as the Deputy Chairperson. There is currently no Deputy Chairperson appointed.

7. Meetings of the TW/TCC are distinguished as “Formal” and “Informal” in the TOR. Formal meetings were held at the TCC Chambers and only members were invited. These meetings were alternated with three formal and three informal meetings held each year. Formal meetings included reports presented by the Independent Chairperson, the Chairperson of the Te Rangapū Mana Whenua o Tauranga Moana and staff reports on various matters. The formal meetings were livestreamed on the TCC You Tube channel. Only minutes of Formal meetings were confirmed at these meetings.

8. Informal meetings were held on marae and hapū were invited to make presentations to the TW/TCC on matters relating to the hapū. Members of Te Rangapū Mana Whenua o Tauranga Moana were also invited to attend informal meetings. Informal reports included an update on follow up actions from previous hapū presentations. Only minutes of Informal meetings were confirmed at these meetings.

9. The Commissioners have requested that all meetings of the TW/TCC are held on marae to hear directly from more hapū.

10. As a result of this change, the distinction between formal and informal meetings requires some clarification and discussion.

terms of reference

11. The Terms of Reference for the TW/TCC are set out in the front of this agenda.

Formal/Informal meetings

12. Options for meetings include:

Option	Description	Comments
1	Status quo with change to venue 3 Formal meetings per year 3 Informal meetings per year	The status quo would continue the format of 3 formal and 3 informal meetings per year, with meetings alternating between the two formats. All meetings to be held on marae. Members of Te Rangapū Mana Whenua o Tauranga Moana are invited to the informal meetings only. Given that all meetings will be held on marae with hapū presentations, it would result in Te Rangapū members attending half the presentations. If this option is chosen, one change could be made to the TOR to invite all Te Rangapū members to all the meetings. Each member could then make the choice of what meetings to attend. Formal meetings would be held at the conclusion of the hapū presentation.* Informal meetings would include the hapū presentation and any other matters to be raised by members verbally. No reports would be provided to informal meetings.
2	Remove distinction of formal and informal meetings	6 meetings per year, all held on marae. Members of Te Rangapū Mana Whenua o Tauranga Moana would be invited to all 6 meetings. Hapū presentations would be held at the beginning of each meeting. A meeting of the TW/TCC would be held at the conclusion of the hapū presentation.* Minutes will be confirmed at each meeting.
3	Move to a different frequency of meetings	The TW/TCC can recommend a different frequency of meetings. This would either increase or decrease the frequency of meetings per year.
4	Retain status quo	No change to status quo or Terms of Reference. 3 formal meetings held in Council Chambers and 3 informal meetings held on marae.

*Only members of the TW/TCC can move and second recommendations and have voting rights, but at the Chairperson’s discretion, Te Rangapū Mana Whenua o Tauranga Moana members may speak to reports.

Appointing a Deputy Chairperson

13. Options for appointing a Deputy Chairperson include:

Option	Description	Comments
1	Appointing a Deputy Chairperson	The TW/TCC has the option to elect a Deputy Chairperson. Previously the Deputy Chairperson has been the Mayor.
2	Leaving the position vacant	The TW/TCC has the option to leave this position vacant. The members of the TW/TCC can elect an acting Chairperson at any meeting where the Chairperson is absent.
3	Defer a decision	The decision on appointing a Deputy Chairperson can be deferred until the new Independent Chairperson is appointed and they can be consulted on their preference.

Livestreaming/recording of meetings

14. Options for livestreaming/recording of meetings include:

Option	Description	Comments
1	Livestream formal meetings or formal parts of meetings only.	This is the current situation.
2	Livestream formal and informal parts of meetings. Livestreaming of informal meetings (or parts of meetings) would be subject to permission from the marae.	This would require each marae to consider whether they wanted their to be made publicly available on the TCC’s You Tube channel.

15. The TW/TCC meetings are subject to the Local Government Official Information and Meetings Act 1987 (LGOIMA) and Council’s Standing Orders. As a committee of Council, TW/TCC meetings are required to be held in public unless one of the LGOIMA reasons to exclude the public applies. LGOIMA also requires council agendas and minutes to be made publicly available. Any items that meet the criteria in LGOIMA to exclude the public are held without the public attending, and the agenda and minutes relating to these items are not made publicly available. Currently formal meetings are livestreamed or recorded and made public as soon as practical following a meeting. Any public excluded items are not livestreamed.

Attendance at meetings remotely

16. Under Covid-19 the legislation relating to members attending meetings remotely has been amended to enable these members to be counted towards the quorum. Previously members who could not attend in person were not counted towards the quorum, This has allowed meetings of council and committees to continue to be held during Covid-19.

17. A Teams invite will be sent to all persons invited to the meeting, for each meeting, and those members unable to attend in person will be able to attend remotely and be counted towards the quorum.

Strategic / Statutory Context

18. The TW/TCC is a committee of the TCC and established under Section 30 of Schedule 7 of the Local Government Act 2002 (LGA 2002). Appointment of members and delegations to committees are set out in sections 31 and 32 of the LGA 2002 respectively.

19. The Mayor has the power under section 41A (3)(c) to appoint the chairperson of each committee and Council has the power to discharge a chairperson appointed by the Mayor (section 41A(4) (d)). The Commission Chair does not have the powers of the Mayor and therefore Clauses 25[1] and 26(3) of Schedule 7 of the Local Government Act 2002 (LGA) apply. Sub-clauses 26(3) and (4) state:

(3) The local authority may appoint a member of a committee to be the chairperson of that committee and, if the local authority, on the appointment of the committee, does not appoint a chairperson, that power may be exercised by the committee.

(4) The local authority or the committee may appoint a deputy chairperson to act in the absence of the chairperson.

20. Committees of the Council are subject to Standing Orders, that control the way the Council's meetings are conducted. Various standing orders may be suspended with the resolution of the committee.

Financial Considerations

21. Depending on the changes to the Terms of Reference there may be additional remuneration paid to Te Rangapū Mana Whenua o Tauranga Moana members, but this will not impact on current budgets.

Legal Implications / Risks

22. There are no legal implications from amending the Terms of Reference.

Significance

23. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy. Council acknowledges that in some instances a matter, issue, proposal or decision may have a high degree of importance to individuals, groups, or agencies affected by the report.

24. In making this assessment, consideration has been given to the likely impact, and likely consequences for:

(a) the current and future social, economic, environmental, or cultural well-being of the district or region

(b) any persons who are likely to be particularly affected by, or interested in, the matter.

25. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the matter is of low significance.

ENGAGEMENT

26. Taking into consideration the above assessment, that the matter is of low significance, officers are of the opinion that no further engagement is required prior to the Council making a decision.

Click here to view the TCC Significance and Engagement Policy

Next Steps

27. Independent Chairperson of TW/TCC to be appointed.

28. Further report to next meeting of TW/TCC for discussion and recommendation to Council on any changes to the Terms of Reference.

Attachments

Nil

[1] Clause 25 relates to the voting systems for certain appointments, including for the chairperson and deputy chairperson of a committee.


AGENDA Tangata Whenua / Tauranga City Council Committee Meeting Wednesday, 16 February 2022.
I hereby give notice that a Tangata Whenua / Tauranga City Council Committee Meeting will be held on:
Date:	Wednesday, 16 February 2022
Time:	9.30am
Location:	Te Whetū o Te Rangi marae 612 Welcome Bay Road Welcome Bay 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