MINUTES OF A meeting of the Māori  Committee

 

Date:                                    Wednesday 2 February 2022

Time:                                    10.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                                 M McIlroy (Wairoa) – Co-chair

M Paku (Heretaunga) – Co-chair

M Apatu (Heretaunga) via Zoom

Cr R Barker via Zoom

B Blake (Wairoa)

P Eden (Te Whanganui-a-Orotū)

R Hiha (Te Whanganui-a-Orotū)

H Hilton (Heretaunga)

K Kawana (Wairoa) via Zoom

Cr C Lambert

R Maaka (Tamatea)

Cr H Ormsby

A Robin (Te Whanganui-a-Orotū)

P Sciascia (Tamatea)

 

In Attendance:                 J Palmer –Chief Executive

P Munro – Te Pou Whakarae Māori Partnerships

K Brunton – Group Manager Policy & Regulation

I Maxwell – Group Manager Integrated Catchment Management

K Cavanagh – Band Marketing Agency

M Heaney – Procurement Lead

M Miller – Manager Consents

T Munro – Central & Internal Relationships Manager

K Premadasa – Management Accountant

B Powell –  Manager Catchments Policy Implementation

A Roets – Governance Advisor

 

 


1.         Welcome/Karakia /Apologies/Notices

The Chair welcomed everyone and Haami Hilton opened the meeting with a karakia.

A special acknowledgement was made of Joella Brown’s passing in December.

Resolution

MC1/22     That the apology for absence from Zack Makoare be accepted.

Paku/Ormsby

CARRIED

2.         Conflict of Interest Declarations

There were no conflicts of interest declared.

 

3.

Alternate Member for 2 February 2022 Meeting

 

It was noted that it has been some time since Zack Makoare was able to attend a Committee meeting, and suggested that an alternate member be appointed to represent Tamatea.

 

4.         Confirmation of Minutes of the Māori  Committee meeting held on 3 November 2021

MC2/22

Resolution

Minutes of the Māori Committee meeting held on Wednesday, 3 November 2021, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Sciascia/Paku

CARRIED

 

5.

Take Ripoata ā Takiwā – Taiwhenua Representatives' updates

 

The Wairoa Taiwhenua update from Michelle McIlroy and Katarina Kawana highlighted:

·    Concerns raised about leachate from historic tanalised timber processing at the Carter Holt site in Wairoa, close to the Awatere (spawning) Stream and a request made to view the water quality monitoring results required by the resource consent.

·    Affco meatworks oxidation pond emptied out over the Christmas period without any advance notice to tangata whenua

·    Algae found at popular swimming spot in Wairoa and a request made for some works to clear fallen trees from riverbanks and for monitoring to be carried out, particularly on the Waiau River close to Rangiāhua Marae.

·    Te Pou Whakarae congratulated Michelle McIlroy on her re-election to the Kahungunu Executive Board of Trustees for another 3 year term.

The Te Whanganui-a-Orotū (TWO) update from Peter Eden highlighted:

·    The first 2022 Te Whanganui-a-Orotū Board meeting discussed spatial planning, social development, the Covid-19 traffic light system and support for implementation of the new collective Taiao group to progress the mahi for Kotahi

·    Concerns raised about the change of colour and taste of Kūtai (mussels) collected from Pania Reef and request made that it be brought to the attention of Napier Port.

·    TWO purchased the historic Te Rere o Tawhaki Pa site in Poraite and working to rehabilitate and protect the site.

·    Establishing a resource hub for whanau responding to emergencies to assist Civil Defence efforts, with equipment they need to be effective.

·    Concerns raised about the health of coastal areas and plundering of resources, particularly in and around Porangahau; Council has limited jurisdiction and primarily the responsibility of the Ministry for Primary Industries. Last year’s Motiti settlement found that regional councils could impose restrictions on fishing activities however this has yet to be tested. Through the Kotahi “Marine stream”, Council will have discussions with tāngata whenua about restrictions on fishing methods and activities, working with the communities and kaitiaki who live there. It was suggested that Paul Ratapu, Chair of the Customary Kaitiaki Board, be invited to a Committee meeting to present on the work of the Group and opportunities to work with Council.

·    Working collaboratively with Napier City Council on Spatial Planning, particularly potential effects of housing development on the environment.

The Te Taiwhenua o Heretaunga update by Marei Apatu highlighted:

·    Working through the Covid-19 red light traffic system requirements and the impacts on whanau and individuals

·    January RPC/Māori Committee tangata whenua hui discussions mainly based on continued relationship building bound by Te Tiriti o Waitangi principles. Two YouTube video links provided in the written report provide insight into knowledge development and creative activities in a Māori cultural context that may be useful for Council in engaging with local Māori communities.

·    Involved in a significant amount of work on the TTOH Outstanding Water Bodies plan change appeal mediation and the HBRC global gravel extraction consent.

·    Meeting with MSD today to discuss te mana o te wai in relation to Jobs 4 Nature projects.

·    Heretaunga Taiwhenua does not support the Waka Kotahi decision to reduce the speed limit on State Highway 5 to 80km/h. Concerns expressed were about degradation of the road over the last 10 years, and the need for more Police visibility, road maintenance, driver education and passing lanes. Te Whanganui-a-Orotū and Te Wairoa representatives also stated their opposition to the speed reduction, and support for the community advocating against it.

The Te Taiwhenua o Tamatea update by Dr Roger Maaka and Paora Sciascia highlighted:

·    Staff resources are inundated with the Covid-19 response

·    Board meeting on 31 January 2022 fully supported the direction of 18 January 2022 hui discussions and the formation of a collaborative Taiao group; an overview of the Tamatea ‘mana taiao’ working group initiative was provided – a group of concentrated expertise to advise the Board on important matters as they arise

·    Feasibility study in progress at Lake Whatuma to look at a tāngata whenua led education centre for the management of inland waterways

·    Opportunity to work with the Mauri Ora programme for the Ruahine Ranges, e.g. kaitiaki rangers and Jobs 4 Nature

·    Extensive infrastructure work being done on the Waipukurau, Waipawa and Otane water supplies; Marae heavily involved in discussions with Central Hawke’s Bay District Council; frustration at the lack of advancement of papakainga housing development in CHB.

·    On 5 March there will be a special celebration to erect a new sign for Taumatawhakatangihangakoauauotamateaturipukakapikimaungahoronukupokaiwhenuakita on the hilltop.

·    Concerns raised about low river levels, particularly Porangahau Awa; James Palmer noted that through Kotahi, HBRC will put in place quality and quantity limits on the region’s rivers to achieve te mana o te wai by the end of 2024, to restore the mauri of the awa first and foremost.

The Wairoa Taiwhenua update by Bill Blake highlighted:

·    The Minister for Oceans and Fisheries has approved a bylaw that prohibits taking kina, kōura (rock lobster), kuku (mussels) and pāua from within Te Hoe Mātaitai Reserve (Waikokopu to Opoutama). More information can be found on the MPI website.

MC3/22

Resolution

That the Māori Committee receives and notes the “Take Ripoata ā Takiwā – Taiwhenua reports”.

Sciascia/Eden

CARRIED

 

6.

HBRC Chair and Chief Executive's verbal updates on current issues

 

The Chief Executive, James Palmer highlighted:

·    High level of uncertainty around the likely surge of the Omicron variant of Covid-19 and the Council is working collaboratively with regional partners including the Regional Leaders Forum, Ngati Kahunguni Iwi, Taiwhenua as well as PSGEs to manage the continuity of public services and support the community through the coming months. Critical Council services such as flood protection, Civil Defence Emergency Management, Compliance and Pollution response staff are working on a rotational basis (office and at home) to ensure business continuity and to protect the wellbeing and health of staff. Biggest impacts expected this year, particularly around community engagement for Kotahi and would appreciate guidance from tangata whenua about how to continue to make progress to improve the environment in the face of the current challenges. With these uncertainties, Council expects many work programmes will be disrupted.

The Chair, Rick Barker re-emphasised that Council is facing ongoing challenges this year, and highlighted:

·    Will be a challenging year with the virus but environmental issues and concerns will continue to escalate

·    Pleased with the progress made with the strong relationships being built between Council, the Regional Planning Committee (RPC) and the Māori Committee to find ways to work together effectively, faster, to progress the Kotahi Plan before the end of 2024.

MC4/22

Resolution

That the Māori Committee receives the “HBRC Chair and Chief Executive’s Verbal Updates on Current Issues”.

Paku/Robin

CARRIED

 

7.

Follow-ups from previous Māori Committee meetings

 

In relation to Progressive Procurement, James Palmer advised:

·    Over the last 2 years with Covid and the Government’s economic recovery programme, Council has been looking at social procurement outcomes and moving to a more progressive Procurement model that looks not only at financial outcomes but also social , cultural and environmental outcomes for the wider community.

·    All 5 councils in the region worked collaboratively to produce the Progressive Procurement guidelines for suppliers and toolkits for staff. An important component of HBRCs funding agreement with the Infrastructure Reference Group (IRG) is social procurement outcomes with an emphasis on supplier diversity, locally owned business engagement, targeting Māori /Pacifica staff, etc.

·    Once there are outcomes from the Jobs 4 Nature and Infrastructure Reference Group (IRG) projects, case studies and data will be reported to this Committee.

·    Specific projects underway include upgrades of the Heretaunga Plains, Wairoa River and Upper Tukituki flood control schemes. Under the Jobs4Nature Land Biodiversity Fund, the 3-year Kaitiaki project (Biodiversity Protection and Restoration on Private Land) and is led by the Department of Conservation (DOC).

Mark Heaney, Procurement Lead, reported that training on the Progressive Procurement Policy and Operational manual has started with internal staff and external suppliers, including a recent national Local Authority Engineering Group workshop, and added:

·    Other Regional Councils using the HBRC model to base their procurement policies on.

·    The Procurement Team is happy to hold workshops for those interested in building their capability and capacity to do this mahi.

·    The Council follows Open Tender processes advertised through the Government’s GETS (Government Electronic Tender Service) website.

·    Working with Amotai to build a suppliers/contractors directory for Hawke’s Bay, connecting Māori and Pasifika-owned businesses with buyers wanting to purchase goods, services and works; and will look to use this list to invite those entities to Procurement training workshops.

·    Although this is a progressive Policy, a more progressive model would move on from Māori as the cultural pillar only and reflect the partnership with Māori across all 4 pillars of social, economic, cultural, and environmental outcomes.

MC5/22

Resolution

That the Māori Committee receives and notes the “Follow-up items from previous Māori Committee meetings” staff report.

Sciascia/Ormsby

CARRIED

 

8.

Call for Minor Items not on the Agenda

 

No items were raised for discussion.

 

9.

Tangata Whenua Hearing Panel Commissioners' Conflicts of Interest Management

 

Malcolm Miller introduced the item, which was taken as read. Discussions traversed:

·    There is a need for local tāngata whenua with Māori expertise to sit as commissioners on resource consent application Hearing panels

·    Seeking feedback from the Committee as to whether the proposed guidance is on track, whether there’s anything missing and is there anything that should be done differently

·    Feedback from Committee members covered:

o  Māori want to see their faces reflected on the Hearing panels

o  Depending on how they interpret conflicts, some readers will consider they are always conflicted, either direct or in the wider context, e.g. whakapapa – that’s missing and needs to be clearly defined

o  Some Māori in roles advocating for Māori will always consider they have a conflict and may never serve on a panel considering anything in their Rohe

o  National review of the Commissioners and the process of appointing them, and suggested staff investigate the recommendations that came out of the review

o  Need to protect but not discourage people

o  Issue with people training and getting accredited but then not being appointed to any Hearing panels due to a lack of experience

o  Clearly there is a need for local knowledge about local issues to provide context to the Hearing panel

o  Needs to be some balance, e.g. less focus on who’s related to whom and consider other potential conflicts such as occupational

·    Encourage tangata whenua to consider becoming Hearing commissioners by completing the Making Good Decisions course.

MC6/22

Resolutions

That the Māori Committee:

1.      Receives and considers the ‘Tangata Whenua Hearing Panel Commissioners' Conflicts of Interest Management’ staff report

2.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that the Committee can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3.      Supports the involvement of more local tangata whenua as Resource Consent Hearing Commissioners.

4.      Supports the proposed guidance to avoid conflicts of interest, incorporating the feedback provided by Committee members today.

Ormsby/Blake

CARRIED

 

10.

Primary Industry Pan Sector Group (PIPSG) Representation

 

Brendan Powell introduced the item, and discussions traversed:

·    Staff seeking advice and recommendations for suitable Māori representation on the PIPSG, someone to bring the te au Māori world view to the table

·    Concerned that the role does not always coincide with the whakaro/thinking of Māori

·    Difficult to find a “mandated” Māori as each individual is mandated for a certain group and location

·    Suggested it’s not finding one, but constructing a co-governance group outside of the PIPSG, that allows a wider range of representation, to liaise with Māori and industry groups and having someone on that body transfer the knowledge to PIPSG

·    To achieve the PIPSG outcomes, it is important to have local representation

·    Suggested that Mike Paku has a conversation directly with PIPSG to clarify the Māori perspective and what representation is most appropriate.

MC7/22

Resolution

That the Māori Committee receives and considers the “Primary Industry Pan Sector Group Representation” staff report.

Blake/Robin

CARRIED

 

12.

Rebranding and Name Change for HBRIC Ltd

 

Cr Rick Barker introduced the item and outlined the rationale for the proposed HBRIC name change and rebrand. Kishan Premadasa introduced Kate Cavanagh from Band Design Studio, who presented an overview of the process to select and develop a new name for HBRIC. The presentation highlighted:

·    After brainstorming relevant themes, online research and cultural consultation, a shortlist of names was presented to the HBRIC Board.  From the HBRIC Board’s feedback, three names were shortlisted, being:  Puāwai (to bloom or come to fruition) Investment Hawke’s Bay, Invest Te Matau a Māui, and Te Matau Investments Hawke’s Bay

·    The Māori Partnerships team was engaged as part of the process with HBRIC

·    Te Matau Investments Hawke’s Bay is the proposed name, with Te Matau taking the lead in the branding

·    Questions and feedback included:

o   There is another placename, Te Matau, on the South Island – so is it appropriate? Te Matau is available on the Companies Register and it is not unusual for a company to have the same name as a place.

o   Directors felt they did not want the company associated with past controversy and wanted something new and fresh. Te Matau was chosen as it is commonly associated with Hawke’s Bay.

o   Time for a fresh start and like that it captures the region and the whole population with the hook visual representing Hawke’s Bay

·    Final decisions have not yet been made, and HBRIC will consider the Māori Committee’s feedback before doing so

·    It was requested, and agreed, that the final re-brand, graphics and colouring be brought back to the Māori Committee.

MC8/22

Resolutions

That the Māori Committee:

1.      Receives and considers the “Rebranding and Name Change for HBRIC Ltd” staff report.

2.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that the Committee can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3.      Endorses the new name “Te Matau Investments Hawke’s Bay” for HBRIC Ltd and supporting branding.

Hilton/Sciascia

CARRIED unanimously

The meeting adjourned at 12.33pm and reconvened at 1.05pm.

11.

Proposed Schedule of 2022 Council and Committee meetings

 

James Palmer introduced the item, which was taken as read, and discussions noted:

·    The All Governors hui is a new approach to bring the Māori Committee and the Regional Planning Committee together with councillors to provide input into policy development and decision making. The proposed All Governors hui are tentatively scheduled for 23 March, 22 June and 3 August 2022 at this stage.

·    Separate Māori Committee and Regional Planning Committee meetings will continue to be scheduled to discuss matters on their respective business, but will be less frequent once the All Governors hui model details have been agreed with tangata whenua.

MC9/22

Resolutions

That the Māori Committee:

1.      Receives and notes the “Proposed Schedule of 2022 Council and Committee Meetings” staff report.

2.      Agrees that the Committee can exercise its discretion and make this decision without consulting directly with the community or others having an interest in the decision

3.      Accepts the 2022 Schedule of Meetings as proposed, subject to change and to agreement with the Regional Planning Committee, and advises the Regional Council accordingly.

Paku/Hilton

CARRIED

 

13.

Māori Partnerships team roles and responsibilities

 

Pieri Munro introduced the item and highlighted:

·    Acknowledge the Māori Committee for their perseverance to work alongside Council’s elected representatives

·    Three new Relationship Managers roles were approved in Years 1 and 2 of the 2021-31 Long Term Plan. These roles provide an important part in enabling the transactional work, specifically where engagement or consultation with tāngata whenua is required. Demand for tāngata whenua engagement has increased significantly and these roles will also closely monitor tāngata whenua capacity and capability to engage with HBRC to meet demand.

·    Northern Relationships Manager is Nathan Heath; Central and Internal Relationships Manager is Te Wairama Munro; Southern Relationships Manager interviews were conducted last week and expect to make an appointment soon; Replacement of the Senior Advisor Māori Partnerships role is currently on hold. In principle agreement of the Chief Executive to bring funding forward to appoint the Kaihautū Pūtaiao Mātaurange Māori position, which is a critical position in terms of Kotahi.

MC10/22

Resolution

That the Māori Committee receives and notes the “Māori Partnerships Team Roles and Responsibilities” staff report.

Sciascia/Robin

CARRIED

 

14.

February 2022 Statutory Advocacy update

 

James Palmer introduced the item, what was taken read.  Discussions highlighted:

·    Resource Management System reform is very big undertaking with extensive consultation ahead. Central Government is working closely with advisors from the Iwi Chairs Forum and a range of other different mechanisms to build elements of the reforms. The Exposure draft that went to the Select Committee last year introduced the concept of Te Oranga o te Taiao and what that means in legislation is being worked through as well as obligations for Councils with respect to Te Tiriti. Expect to see some proposals from Government; it was suggested that they bring those proposals to hui in the region.

·    The Māori Committee and RPC tangata whenua would like the opportunity to caucus the proposals ahead of any regional hui, specifically the big issues for Māori. Dates and opportunities to make submissions through the next select committee process will be advised to the Māori and Regional Planning committees.

MC11/22

Resolution

That the Māori Committee receives and notes the “October 2021 Statutory Advocacy” report.

Paku/Maaka

CARRIED

 

15.

Significant Organisational Activities looking forward through February 2022

 

James Palmer drew the Committee’s attention to the “Strategic Projects /Programmes Reporting”.  Eighteen key strategic (or change) projects are now tracked by the Project Management Office (PMO) and will be resported monthly throughout their lifecycle. These projects have been selected because of their significance in terms of investment, risks, benefits, and interdependencies.

MC12/22

Resolution

That the Māori Committee receives and notes the “Significant organisational activities looking forward through February 2022” staff report.

Blake/Hiha

CARRIED

 

16.

Discussion of Minor Items not on the Agenda

 

There were no items for discussion.

It was noted that the Agenda for this meeting was a vast improvement on previous ones which seemed to be more about technical Council business than issues relevant to Māori.

Haami Hilton offered a karakia to close the meeting.

 

Closure:

There being no further business the Chair declared the meeting closed at 1.28pm on Wednesday, 2 February 2022.

Signed as a true and correct record.

 

 

DATE: ................................................                           CHAIRMAN: ...............................................