Terms of reference – Tangata
Whenua/Tauranga City Council Committee
Common responsibilities and delegations
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
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Independent chairperson
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Mr Anthony Fisher
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Deputy chairperson
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Commission Chair Anne Tolley
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Tauranga City Council
members
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Commission Chair Anne Tolley
Commissioner Shadrach Rolleston
Commissioner Stephen Selwood
Commissioner Bill Wasley
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Tangata Whenua members
6 members from the Tauranga Moana
Tangata Whenua Collective
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Ms Matire Duncan
Mr Puhirake Ihaka
Mr Nathan James
Ms Destiny Leaf
Mr Whitiora McLeod
Mr Buddy Mikaere
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Quorum
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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.
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Meeting frequency
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Six meetings a year to be held
on marae.
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Members from Te Rangapū
Mana Whenua o Tauranga Moana to attend meetings
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Members from Te Rangapū
Mana Whenua o Tauranga Moana are to be invited to all meetings.
At the Chairperson's discretion,
Te Rangapū Mana Whenua o Tauranga Moana members may speak to reports.
To avoid doubt only members of
the Committee can move or second recommendations or vote.
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Hapū presentations
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Hapū presentations to be
held at the beginning of each meeting.
The remainder of the business of
the Tangata Whenua/Tauranga City Council Committee will be held at the
conclusion of the hapū presentation.
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Minutes
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Minutes will be confirmed at
each meeting.
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Livestreaming of meetings
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The meetings will be
livestreamed.
Livestreaming of presentations
by hapū will be subject to permission from the marae.
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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.
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 Hapū 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 Māori
communities;
(b)
Recognise the independence of hapū 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.
(c)
To discuss new initiatives approaches and directions.
(d)
Agree agenda topics for the following three
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 (Te
Rangapū Mana Whenua o Tauranga Moana).
·
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.
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Tangata Whenua / Tauranga City
Council Committee meeting minutes
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26 April 2023
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MINUTES
Tangata Whenua / Tauranga City Council Committee
meeting
Wednesday, 26 April 2023
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Order of Business
1 Opening karakia. 3
2 Apologies. 3
3 Public forum.. 3
4 Acceptance of
late items. 3
5 Confidential
business to be transferred into the open. 3
6 Change to order
of business. 3
7 Confirmation of
minutes. 4
7.1 Minutes
of the Tangata Whenua / Tauranga City Council Committee (Informal Forum)
meeting held on 2 December 2021. 4
7.2 Minutes
of the Tangata Whenua / Tauranga City Council Committee meeting held on 15
February 2023. 4
8 Declaration of
conflicts of interest 4
9 Deputations,
presentations, petitions. 4
9.1 Ngati
He presentation. 4
10 Business. 6
10.1 Chairperson
Report 6
10.2 Te
Rangapu Mana Whenua o Tauranga Moana Report 7
10.3 Tangata
Whenua Presentations Updates. 7
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 Maungatapu Marae, 25 Wikitoria
Street, Maungatapu, Tauranga
ON
Wednesday, 26 April 2023 AT 9.30am
PRESENT: Mr
Anthony Fisher (Chairperson), Commission Chair Anne Tolley, Commissioner
Shadrach Rolleston, Commissioner Bill Wasley, Mr Puhirake Ihaka, Mr Whitiora
McLeod, Ms Destiny Leaf, Mr Nathan James
IN
ATTENDANCE: Marty Grenfell (Chief Executive), Carlo
Ellis (Manager: Māori Strategic Engagement), Coral Hair (Manager:
Democracy & Governance Services), Robyn Garrett (Team Leader: Governance
Services), Sarah Drummond (Governance Advisor), Anahera Dinsdale (Governance
Advisor), Keren Paekau (Team Leader: Pou Takawaenga, Tuana Kuka (Kaiarahi
Māori), Cynthia Hamil (Kaiarahi Māori, Yolande Tipuna (Kaiarahi
Māori), Mita Ririnui, Des Heke, Angela Webster.
1 Opening
karakia
Mr Mita Ririnui opened
the meeting with a karakia.
2 Apologies
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Committee Resolution TW2/23/1
Moved: Mr
Whitiora McLeod
Seconded: Commissioner
Bill Wasley
That the apologies for
absences by Commissioner Stephen Selwood and Ms Matire Duncan for absence and
from Buddy Mikaere for lateness be received.
Carried
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3 Public
forum
Nil
4 Acceptance
of late items
Nil
5 Confidential
business to be transferred into the open
Nil
6 Change
to order of business
Nil
7 Confirmation
of minutes
8 Declaration
of conflicts of interest
Nil
9 Deputations,
presentations, petitions
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9.1 Ngāti
Hē presentation
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External Mita
Ririnui and Des Heke
Key points
·
Noted this was first time the Committee and the Commissioners
had been to Maungatapu Marae.
·
Noted Commission Chair Tolley’s political experience in
central government.
·
Noted that the Commission was not a permanent arrangement; and
were thanked for their mahi.
·
Ngāti Hē estate over time had shrunk and was now just
the peninsula.
·
Noted Ngāti Hē interest in the properties on
Wikitoria Street and had obtained independent valuations for the properties. Ngāti
Hē had thought an agreement was already in place with Council around
disposal of those parcels of land to be returned to Ngāti Hē. Noted
the technical issues as the area was declared a flood plain and there were
some restrictions on the land but this was not reflected in the valuations.
Wanted to re-engage in discussions with Council about those propertiesl
·
Customary marine title awarded to five local hapū of
Rangataua. An application went in for entire area and Ngāti Hē
application was only for discrete areas associated with Ngāti Hē
whakapapa and seeking waahi tapu order for those areas to Council. Yet to
engage with Council on what those waahi tapu orders might look like and
queried how Council would address these matters.
·
Marine and Coastal Area (Takutai Moana) Act 2011 (MACA)
applications for deep sea area customary rights with minimal impact on
Council.
·
Hairini Link/Turret Rd/Maungatapu roundabout consultation with
Waka Kotahi and Council resulted in cultural and environmental recognition in
the resource consent
·
Noted pressure on the water main being at full capacity
·
Noted interest in other historical pā sites and their
return to mana whenua ownership.
·
Expressed concern regarding impact on climate change on this
marae. Queried what Council was planning in terms of climate change action
and mitigation. Noted the need to plan and manage the impact of global
warming/climate change on waterfront Maungatapu marae.
·
Maungatapu marae had moved in the past for various reasons and
as a result Ngāti Hē had cultural knowledge of uplifting and moving
marae.
In response to questions
·
Policy to deal with disposal of council land had been reviewed
recently and included a right of first refusal (RFR) provision.
Ngāti Hē had a commitment from Council to re-engage on the
Council-owned Wikitoria St properties. Ngāti Hē, as a hapū
committee, would like to have that discussion with the Commissioners as well
as staff.
·
Rangataua MACA title starts from the Maungatapu point, goes
over to Matapihi and covers the whole Rangataua Inlet area which impacts five
hapū. The original application was for the whole area to be
declared waahi tapu but Ngāti Hē disagreed and wanted only discrete
areas declared waahi tapu.
·
Management of Te Pahou reserve - the site was handed over but
Ngāti Hē believed the maintenance and capital
development/infrastructure should sit with council. Noted iwi management in
terms of resource consent for cultural mitigation and wetland
management. Once these were in place, further discussions on the
responsibilities between iwi, council and Waka Kotahi would take place.
Wanted to make management easier for iwi in future generations, not for the
site to be an encumbrance. Concern was raised around issues with slope
stability and the extension of the urupa.
·
Useful to understand Council’s role in terms of central
government’s climate change adaptation legislation. Would need to
discuss and consider risk management at hapū level as well to be
provided through to Council.
·
Need to link in with Te Rangapū climate change action and
adaptation representatives.
·
Managed retreat considered by the marae committee, hapū
trustees and whanau as Ngāti Hē to work with Council to
consider/manage erosion around the marae. Concerned about koiwi/bone
remains falling into the harbour. Noted need to consider resilience of all
parts of the whenua.
·
Introduced Mrs Angela Webster as local Ngāti Hē
contact.
Discussion points raised
·
Requested a brief history of the Ngāti Hē connection
with Rotary Park and Te Wati Park to add a better understanding to Council
moving forward.
·
Noted that actions and concerns raised were recorded and
response tracked by Council’s Pou Takawaenga team.
·
Requested a separate report back on the Ngāti Hē
whare and whenua status directly to Ngāti Hē rather than in the committee
minutes.
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Committee Resolution TW2/23/4
Moved: Commissioner
Shadrach Rolleston
Seconded: Commission
Chair Anne Tolley
That the Tangata Whenua
/ Tauranga City Council Committee:
(a) Receives
the Ngāti He presentation.
Carried
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10 Business
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10.1 Chairperson
Report
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Chairperson Anthony
Fisher
Key points
·
Provided a reflection after three meetings as Chairperson.
·
Noted the sheer amount of work and issues that tangata whenua
were having to deal with and were inundated with work primarily in the
environmental space for iwi/hapū.
·
Noted the positive relationship between Te Rangapū and the
Council.
·
Posed question of whether tangata whenua were getting maximum
benefit of the arrangements and enough of a bedrock to make the relationships
enduring going forward.
·
Highlighted the importance of the impact of climate change.
Discussion points raised
·
Noted that all Tangata Whenua/TCC committee meetings were held
on marae and had an ongoing report of decisions made and actions tracked.
Could refine further by providing a specific report back to each marae
outlining the issues raised and actions taken.
·
Noted Māori overwhelmed and undermined by growth. Noted
the need to have robust mechanisms in place to ensure voices were heard.
·
Could sometimes raise korero/discussion at hapū and iwi
level about an issue which does not get raised back to Council or tabled at a
committee meeting so lacks visibility.
·
Had been a successful 12 months for iwi/tangata whenua with a
number of goals achieved. Noted the next 12 months would be about
embedding gains and forward progress.
·
A query was raised as to what would happen with membership of
this committee once elected governance was restored, would this make all
Councillors responsible for the korero at these committee meetings. Queried
whether it would be a committee of the whole with all Rangapū members as
well as all Councillors, so that the group would not have to rely on selected
individual members reporting back or keeping full Council informed.
·
Noted the establishment of the Māori ward and what role Te
Rangapū could take in the upcoming election. Should look at wider mana
whenua representation and voter turnout as well.
·
Value of having an independent Chairperson was highlighted with
a move towards a more strategic Committee view.
·
Noted it was important not to treat Te Rangapū as a tick
box consultation exercise and that hapū engagement was also required.
·
All Council Action and Investment Plans had been to Te
Rangapū with involvement at Council strategy level.
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Committee Resolution TW2/23/5
Moved: Ms
Destiny Leaf
Seconded: Commissioner
Bill Wasley
That the Tangata Whenua
/ Tauranga City Council Committee:
(a) Receives
the report "Chairperson Report".
Carried
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10.2 Te
Rangapu Mana Whenua o Tauranga Moana Report
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Mr Puhirake Ihaka presented the
report on behalf of Matire Duncan, the Chairperson of Te Rangapu Mana Whenua
o Tauranga Moana.
Staff
Carlo Ellis, Manager: Strategic Māori Engagement
Key points
·
Rangapū had a very busy time with many workshops, meetings
and kaupapa that the Rangapū had to spread its talents over to respond
and be involved.
·
Noted work of Rangapū members outside of attending
standard Rangapū meetings.
·
Noted the National Māori Housing Conference held in
Rotorua and different housing needs and infrastructure responses across the
country. “Give us the resources and let us get on with it”
was common theme from the conference. Noted the work of Rotorua Boys
and Girls Colleges with their local trades academies.
·
Noted the changes to Three Waters reform with the move to 10
water entities.
·
Governance professional development (Institute of Directors)
for Te Rangapū representatives ongoing.
·
Noted that the 2024 Tauranga City Council elections was one of
the key priorities as was the local government reform.
Discussion points raised
·
Government very keen to partner with iwi in relation to
housing. Noted it could be challenging for Council to partner with central
government and the many agencies involved. Local iwi and housing trusts
were seeking to collaborate and work together.
·
Noted that the pōhiri for the new Museum Director was a
powerful message of partnership.
·
Needed to ensure that the feedback and learnings from the
Māori Housing Conference were fed back into Council e.g. papa kainga
development.
·
Nga Pōtiki had been active in a trades training role.
Discussed the Commission meeting with Tauranga College principals and Chairpersons.
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Committee Resolution TW2/23/6
Moved: Mr
Puhirake Ihaka
Seconded: Commissioner
Shadrach Rolleston
That the Tangata Whenua
/ Tauranga City Council Committee:
(a) Receives
the Te Rangapu Mana Whenua o Tauranga Moana Report.
Carried
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10.3 Tangata
Whenua Presentations Updates
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Staff
Carlo Ellis, Manager: Strategic Māori Engagement
Key points
·
Noted the importance of keeping track of decisions and actions
and would consider how information could be provided back to marae.
·
Noted successful installation of noise wall at Wairoa Marae.
·
Memorandum of Understanding with Wairoa Marae re: cycleway
project had been signed and the Licence to Occupy was signed off on 19 April
2023.
·
Whareroa Marae next priority was the emergency exit, with some
private land access to be resolved.
·
Work would start at Mangatawa Marae on 26 May 2023.
·
Waiāri wananga held on 12 April 2023 there was discussion
about what access to the Waiāri means to the various iwi involved.
·
Transport staff would visit Waimapu Marae in June 2023 to
discuss footpath/roading/lighting along Waimapu Pa Road.
Discussion points raised
·
Suggested a “traffic light” column be added to the
report – green/orange/red – to indicate progress on track/delayed
or stalled/completed.
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Committee Resolution TW2/23/7
Moved: Commissioner
Bill Wasley
Seconded: Mr
Nathan James
That the Tangata Whenua
/ Tauranga City Council Committee:
(a) Receives the Tangata Whenua
Presentations Updates.
Carried
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11 Discussion
of late items
Nil
12 Closing
karakia
Mr Puhirake Ihaka closed
the meeting with a karakia.
The meeting closed at 12:30pm.
The minutes of this
meeting were confirmed as a true and correct record at the Tangata Whenua /
Tauranga City Council Committee meeting held on 21 June 2023.
...................................................
CHAIRPERSON
