Terms of reference – Matapihi
Southern Pipeline Advisory Group
Membership
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Four
representatives appointed by the hapū, namely two representatives from
Ngāti Tapu and two representatives from Ngāi Tūkairangi
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Anthony Fisher (Ngāi
Tūkairangi)
Josh Gear (Ngāti Tapu)
Hauata Palmer (Ngāti
Tapu)
Ngareta Timutimu (Ngāi
Tūkairangi)
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Four
representatives appointed by Tauranga City Council (‘Council’)
(these members will be appointed for a term subject to Council triennial
elections and must include one appointed or elected representative)
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Commissioner Shadrach
Rolleston
General Manager:
Infrastructure* - Nic Johansson
Team Manager: Te Pou
Takawaenga* - Keren Paekau
Director of City Waters* -
Wally Potts
* In respect of Council staff
appointees, if the appointee is absent and another staff member has been
appointed to act in their role, the person acting will be deemed to be the
appointee’s alternate
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Co-chairs
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Two members appointed as
co-chairs
· Anthony Fisher
· Commissioner Shadrach Rolleston
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Quorum
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Four members comprised of at
least:
·
Two hapū members - one representative
from Ngāti Tapu and one representative from
Ngāi Tūkairangi;
·
Two Council members - a Commissioner (or an
elected member) and an appointed staff member.
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Decision-making
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Decision-making
shall be made by a resolution at a meeting of the Advisory Group. If consensus
cannot be reached then the discussions will continue.
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Meeting frequency
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Shall meet as necessary in order
to carry out its functions, but it will be no less than four times per year.
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Reporting
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The
Advisory Group will:
· Meet with the hapū Ngāti Tapu
and Ngāi Tūkairangi and Council’s governing body (appointed
or elected members) at least once per year. Will report on key discussion
points, outcomes and actions following each meeting.
· Any recommendations from the Advisory Group will be considered either
by the Council and/or any standing committee as it deems appropriate.
The Advisory Group has
the discretion whether:
· The minutes and agenda be made publicly available on
Council’s website.
· Unconfirmed minutes be circulated to the hapū and Council
members
Provide
reports for the benefit of the wider Tauranga community by way of newsletter
or other media communication in consultation and with the approval of
Council’s Community Relations Team and respective hapū Ngāti
Tapu and Ngāi Tūkairangi.
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Meeting venue
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To
alternate between marae and Council venues, or as appropriate to a meeting
venue as agreed.
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1.
Background
A Memorandum of Understanding (“MOU”)
was signed between mana whenua hapū representatives from Ngāti Tapu
and Ngāi Tūkairangi and the Council on 31 August 2022 to establish
the Matapihi Southern Pipeline Advisory Group (“Advisory Group”).
The MOU is attached to this Terms of Reference.
2.
Ko
ngā mātāpono (Guiding principles)
2.1 Ko
ngā mātāpono hei Arataki i ngā whakahaere a te Advisory
Group: The Advisory Group is guided by the following principles:
(a)
Rangatiratanga
Ko Ngāti
Tapu me Ngāi Tūkairangi ngā mana whenua o Matapihi. The
hapū Ngāti Tapu and Ngāi Tūkairangi have authority over
Matapihi.
(b)
Kaitiakitanga
Te tino haepapa kia tiakina te
oranga mana motuhake o Matapihi mō ngā uri whakatupu. The
obligation to care for and protect the health and wellbeing of Matapihi for
future generations.
(c)
Wairuatanga / Mauri
Kei a Matapihi
tonu tōna mauri, tōna wairua, hei oranga mōna. Acknowledging
and understanding that for tangata whenua, the existence of mauri and spiritual
dimension to Matapihi requires attention and nourishment.
(d)
Whānaungatanga
Ka ū tonu
ngā hononga i waenganui i ngā hapū me te kaunihera o Tauranga
Moana i runga i te aronui me te mārama ki ngā tumanako, me ngā
uara o tētahi ki tētahi, me te mōhio anō he tino taonga a
Matapihi. Maintaining relationships between hapū and Council built on
mutual respect and acceptance of each other’s interests and values, including
an acknowledgement that Matapihi is regarded as a significant place.
(e)
Tāutuutu
Te whai i te ara
o te tāutuutu e taea ai e te katoa te tuku koha mai. Tū atu, tū
mai. Pursuing a unity of reciprocity where both parties are able and
encouraged to contribute and speak.
3.
Purpose
3.1 The
purpose of the Advisory Group is to provide strategic oversight and direction
over the management of the Southern Pipeline. To achieve this, the Advisory
Group will:
(a)
Recognise and acknowledge the history, character,
landscape and unique contribution of Matapihi and what it has done for the
wider Tauranga.
(b)
Build and maintain an ongoing relationship with
the hapū Ngāti Tapu and Ngāi Tūkairangi and community at
Matapihi as expressed by mana whenua in relation to the Matapihi peninsula.
(c)
Cooperate in partnership in conjunction with the
guiding principles (above).
(d)
Actively work together using shared knowledge
and expertise.
(e)
Engage early on issues of known interest to
either of the parties.
(f)
Enable and support the use of te reo and tikanga
Māori.
(g)
Acknowledge that the parties’ relationship
is evolving.
(h)
Have regard for the interests of the Tauranga
community.
4.
Functions
4.1 The
Advisory Group is informal in nature and is NOT established as a committee,
subcommittee or other subordinate decision-making bodies of Council under
clause 30(1) of Schedule 7 of the Local Government Act 2002 and does not have
any delegated decision-making powers.
4.2 The
Advisory Group may make recommendations relating to the following:
(a)
Advise and provide input into the maintenance,
development, upgrade and overall day to day operation of the Southern Pipeline.
(b)
Provide future planning solutions:
i.
Consider and provide future planning solutions.
ii.
Consider the schedule of upcoming works for the
Southern Pipeline prior to works beginning.
iii.
to Council through the Long-Term Plan and Annual
Plan processes for the amount of funding to the Advisory Group to carry out its
purpose and functions.
iv.
to Council and/or any standing committee as it
deems appropriate.
4.3 Maintain
a relationship with the Wastewater Management Review Committee, including the
Ngāi Te Rangi representative who is a member of that committee.
4.4 A
report from Council to be provided to the Advisory Group informing:
(a)
Council’s future / long-term plans or view
of Tauranga City in respect to wastewater and how it may impact the southern
pipeline and Matapihi. This may include (although not an exhaustive list):
·
Predicted areas of growth;
·
Future housing development and infrastructure connection;
·
City plan changes or new legislative
requirements;
·
Future plans for the pipeline.
(b)
The report can be submitted as a staff update.
4.5 The
Advisory group will be responsible for:
(a) Determining how the
project funds and community purpose funds will be prioritised and allocated (refer
to schedule 1 of the Memorandum of Understanding for details of the funding
arrangements);
(b) Providing and
presenting an annual monitoring report to council at the end of each financial
year to identify how and why the fund has been allocated; and
(c) Identify
potential priorities for funding in the following financial year in the annual
monitoring report.
5.
Membership
5.1 The Advisory Group
shall be comprised of eight members being:
(a)
Four representatives appointed by the mana
whenua hapū. These are two representatives from Ngāti Tapu and two
representatives from Ngāi Tūkairangi; and
(b)
Four representatives appointed by Council
including at least a Commissioner (or an elected member) and appointed staff
members.
6.
Co-chairs
6.1
The Chairperson representing the Council will be
appointed by the Council and the Chairperson representing the hapū will be
appointed by the hapū.
6.2
Only one person can chair a meeting at any one
time.
6.3
Given alternate venues between the Marae and
Council venues, or as appropriate to a meeting venue as agreed, the
corresponding host will chair the meeting.
6.4
Both Co-Chairs will:
(a)
Attend pre-agenda briefings and split any other
duties outside of meetings, e.g. spokesperson for the Advisory Group.
(b)
Jointly oversee and coordinate all activities of
the Advisory Group within their specific terms of reference and delegated
authority, providing guidance and direction to all members and liaising with
Council staff in setting the content and priorities of meeting agendas.
(c)
Be accountable for ensuring that any
recommendations from the Advisory Group are considered by the Council.
7.
Powers
7.1.
Power to Recommend
(a) To Council and/or any standing committee
as it deems appropriate.
