Minutes of a meeting of the Māori Committee

 

Date:                                    2 August 2023

Time:                                    10.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                                 K Kawana (Wairoa) (Co-chair)

M Paku (Heretaunga) (Co-chair)

M Apatu (Heretaunga)

P Eden (Te Whanganui-a-Orotū)

R Hiha (Te Whanganui-a-Orotū)

Cr C Lambert

Cr H Ormsby

A Robin (Te Whanganui-a-Orotū)

P Sciascia (Tamatea)

D Smith (Tamatea) (online)

Cr S Siers

 

In Attendance:                 P Munro – Te Pou Whakarae

N Peet – Chief Executive

K Brunton – Group Manager Policy & Regulation

C Dolley – Group Manager Asset Management

J Smith-Ballingall – Manager, Central & Internal Relationships

P McKelvie-Sebileau – Climate Action Ambassador

G Ide – Principal Advisor Strategic Planning

S Bendall – Coastal Hazards Strategy Project Manager

A Doak – Governance Advisor

T Gilbert – Senior Advisor - Māori

 

 


1.                  Welcome/Karakia /Housekeeping/Apologies

The Chair, Katarina Kawana, welcomed everyone and Bayden Barber opened the meeting with a karakia.

Resolution

MC8/23         That the apologies for absence from Councillor Will Foley and Roger Maaka, and for lateness from Councillor Hinewai Ormsby and Mike Paku be accepted.

Kelly/Sciascia

CARRIED

Councillor Hinewai Ormsby joined the meeting at 10.04am.

 

2.                  Conflict of interest declarations

Bayden Barber declared his interest as a member of the Cyclone Gabrielle National Taskforce, and Peter Eden as a member of marae trust boards in discussions with central government.

There were no conflicts of interest declared.

 

3.

Alternate member appointments

 

No alternate members were appointed.

 

4.         Confirmation of Minutes of the Māori Committee meeting held on 3 May 2023

MC9/23

Resolution

Minutes of the Māori Committee meeting held on Wednesday, 3 May 2023, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Apatu/Ormsby

CARRIED

Mike Paku joined the meeting at 10.10am

5.

Follow-ups from previous Māori Committee meetings

 

Pieri Munro advised that the requested flood schemes workshop has been delayed by recovery work, and that staff are still  trying to find a suitable date. It was noted that Māori Committee members are already having conversations with central government agencies and need to be fully informed in order to avoid being vulnerable.

MC10/23

Resolution

That the Māori Committee receives and notes the Follow-ups from previous Māori Committee meetings.

Kawana/Paku

CARRIED

 

6.

Call for minor items not on the Agenda

 

It was noted that there is a need to discuss the big issues of the day, with some of the Marae represented on the committee being the worst affected by cyclone Gabrielle.

The following Minor items not on the Agenda were raised for discussion as Item 14.

Topic

Raised by

Farndon Road Stopbank

Api Robin

Science Charges for water use in Hawke’s Bay

Di Smith

 

Discussion also covered workshops for understanding three waters and silt deposits on Pania Reef and the role of HBRC in managing the moana after recent case law relating to Bay of Plenty Regional Council.

 

.

Māori Committee Appointees' Remuneration Review

 

Pieri Munro introduced the item which was taken as read.

·    Cr Ormsby explained the renumeration review report was received by the Regional Council at its July meeting but took advice to refer it to this committee prior to adoption.

·    This is the first time Strategic Pay was used to review the Māori Committee remuneration as proposed at the end of the last triennium.

·    An earlier draft circulated among some members incorrectly recommended a lower meeting fee and was not considered.

·    The value of mātauranga Māori and the need to define the special contributions of Māori governors for organisations like Strategic Pay.

·    It was noted that access to technology has been an issue for members.

MC11/23

Resolutions

That the Māori Committee:

1.      Receives and considers the Māori Committee appointees' remuneration review report.

2.      Delegates the Māori Committee Co-chairs to pass on the feedback from today’s meeting to the 30 August 2023 Regional Council meeting.

3.      Endorses the recommendations contained in the Strategic Pay July 2023 report Fees Review for: Tāngata Whenua representatives (Māori Committee).

Paku/Mita

CARRIED

 

8.

Land for Life project update

 

Michael Basset-Foss introduced the item, which was taken as read. Discussions covered:

·    Land for life is a project supported by the Nature Conservancy - a global organisation, as well as the Ministry for Primary Industries and addresses sediment as the major stressor on waterways.

·    Significant benefits identified include the potential to sequester 3 million tons of carbon.

·    This project aims to stimulate the market and support investment to improve the environment.

·    Farm plans are a fundamental component – this is private land and so the landowner and their aspirations are central.

·    Access to the programme and tools for whenua Māori both on farm land and not

·    The lack of financial benefit from whenua Māori already in native trees.

·    The need for a community focus – siting the community river restoration project at Waimarama in which marae, whenua Māori landowners, and other landowners in the community are cooperating.

The potential for the release of whenua Māori subject to lease to contribute.

MC12/23

Resolutions

That the Māori Committee:

1.      Receives and notes the Land for Life project update

2.      Provides a view to staff about opportunities for the project to provide outcomes for whenua Māori.

3.      Provides a view to staff about opportunities for the monitoring and evaluation programme to monitor outcomes that are of value to mana whenua.

Siers/Eden

CARRIED

 

9.

Take Ripoata ā Takiwā – Taiwhenua representatives' updates

 

Te Taiwhenua o Heretaunga

·    Te Taiwhenua o Heretaunga report relates to item 12 and will be discussed then.

Te Taiwhenua o Te Whanganui a Orotu

·    The application for an injunction on the reconstruction of the whare nui at Petane Marae had been declined by the Māori Land Court as the land has been categorised level 3 after being flooded during Cyclone Gabrielle. Over 100 years ago displaced tipuna built the Marae on that land due to having no other place to go. Work is continuing with Council and Pan Pac to find solutions, but it is a difficult situation for whanau and council.

·    There were three affected Marae in Ahuriri – and this will have mental health impacts for a long time to come.

Tamatea

·    JB Smith’s passing has had serious impacts on those involved with the Taiwhenua and with their workstreams. Recovery provided a huge workload for the Taiwhenua.

·    The whanau who lost a toddler in Esk Valley during Cyclone Gabreille has moved to Waipukurau and just welcomed a new Pepi. They are struggling and Council was invited to help them deal with their property.

·    Tamatea Matariki events are starting this week.

·    Tamatea has been inundated with resource consent applications, mostly around water, and is overwhelmed by too many projects and not enough resource to cope.

·    With reference to item 8, the Pōrangahau Catchment Group which looks after the awa from the headwaters to the mouth is crying out for more native trees to plant, particularly at the headwaters.

·    The Taiwhenua did a good job of supporting the community throughout the previous 6 months through the hubs provided and now people are transitioning back to caring for themselves.

·    A meeting in Central Hawke’s Bay on the Reserves Management Plan, run by Māori with council coming to take notes for a couple of hours while people discussed their concerns, was a lovely change from normal Council consultation meetings. This was particularly important as the plan addresses freedom camping which does not only impact tourist camping but also the way local Māori camp. It was important to listen to Māori before trying to tell them what to do.

Wairoa Ta Katarina Kawana introduced the Wairoa report and highlighted:

·    As explained in the report, the rumoured close of the white bait season by Department of Conservation  would not go well on the Wairoa River.

·    The Wairoa District Council wastewater discharge consent process is going well with the mana whenua ropu set up to navigate the next 15 years with WDC coming together. The contributions of the Ngāti Kahungunu natural Resources team was a good example of PSGE and Taiwhenua working together.

·    Fishhook Summit, featuring guests from NIWA and Tom Kay from Forest and Bird, was a success with the Ngāti Kahungunu Tai Ao update being of particular value for enabling regional collaboration.

·    The Wairoa Taiwhenua offices are closed due to building renovation.

·    The Hikitia Fund administered by the Wairoa Taiwhenua was set up to fill gaps in funding available for Cyclone relief and has begun distributing funds directly to affected whanau.

 

Ngāti Kahungunu Iwi Incorporated - Bayden Barber noted that:

·    The team is active and can give reports on what’s happening in the Pūtaiao space.

·    The Iwi busy in the temporary housing space is providing over 100 cabins for whanau in impacted areas.

MC13/23

Resolution

That the Māori Committee receives and notes the Take ripoata ā takiwā – Taiwhenua representatives’ updates.

Paku/Robin

CARRIED

 

10.

July 2023 Statutory Advocacy update

 

Gavin Ide introduced the item, noting that in his many years he had never put together such a lengthy statutory update. He noted:

·    Key milestones for the National Policy Statement on Biodiversity and Resource Management reform are set out in the paper.

·    There is curiosity about three waters, but this is not an HBRC issue – the Department of Internal Affairs and Territorial Authorities are the main agencies involved. The current  government intends to pass the three water’s legislation before the close of parliament.

·    Page 39 of the agenda sets out the orders in council under Severe Weather Emergency Legislation Act with some already in effect. The requested extension of timeframes for the National Policy Statement on Freshwater Management is a core issue for HBRC as it will have a significant impact on the organisation and HB communities.

Questions and discussions covered:

·    The water consents extension Order in Council to address expired consents where applications for an extension had been disrupted by Cyclone Gabrielle is an issue because In law there is no ability for the Council to give an extension or alter the timeline. The Order in Council would deem those activities as permitted until May 2024 with the same conditions as the pre-existing consents.

·    The fast-track consent process which recently resulted in an approval for development by the Heretaunga Tamatea Settlement Trust was decided by the Minister with HBRC supplying information.

·    The integrity of the global gravel extraction consent is ensured through the use of consultants and independent commissioners and entirely separate reporting lines to the HBRC executive leadership team. The applications were treated as any other and, in reality, the level of scrutiny ended up being higher when HBRC was the applicant. This is common practice throughout local government and supported clearly in legislation.

·    Council staff are currently assessing the National Policy Statement for Biodiversity to understand how a biodiversity credits system might work.

·    Orders in Council usually originate with central government, with HBRC (and/or territorial authorities) asked to provide feedback. There is the potential for HBRC staff or others to propose ‘recovery’ OiC to ministers but that has not been the case to date. A conversation in relation to category 3 marae may best take place off line with Herewini from DPMC who is running the whenua Māori process.

MC14/23

Resolution

That the Māori Committee receives and notes the July 2023 Statutory Advocacy update.

Eden/Barber

CARRIED

The meeting agreed to continue the meeting beyond 2 hours without a break, to consider the Clifton to Tangoio Coastal Hazards Strategy and its Mātauranga Māori workstream updates item before adjourning for lunch.

13.

Clifton to Tangoio Coastal Hazards Strategy and its Mātauranga Māori workstream updates

 

Chris Dolley introduced the item, noting the two key components of the update being the deferral of consultation and the Māruaranga workstream. Discussions covered:

·    Ensuring that kaitiaki along the coast are incorporated into the strategy and the silt impact from the cyclone.

·    The managed retreat aspect of the strategy identified areas already with low hazard risk for people to retreat to and will need to be reviewed post-cyclone to ensure that the river hazard data used is consistent with the reality of the changed environment.

·    Tangoio whanau have advised that they will not move off their land despite it being categorised Category 3.

·    A future conversation might be had with the community about how to manage the reality of multiple overlapping hazards in the region.

·    It would be useful to understand the definition of Mātauranga Māori being used for the strategy.

·    The high-level intent of the Mātauranga Māori workstream was designed to address a real gap in the project – which is effective engagement with tangata whenua.

·    The importance of engaging with people working in the space during consultation

·    Once adopted the Strategy will inform consenting decisions alongside science, engineering and other relevant information.

MC15/23

Resolution

That the Māori Committee receives and notes the Clifton to Tangoio Coastal Hazards Strategy and its Mātauranga Māori workstream updates report.

Apatu/Mita

CARRIED

The meeting adjourned at 12.21pm and reconvened at 12.51pm.

11.

HBRC Chair / CE verbal updates on current issues

 

·    The opportunity to awhi Nic Peet into the organisation as the new CE was noted as significant.

·    Marei Apatu was acknowledged for receiving a Tupuānuku Taiao award at the Omahu Marae Matariki celebrations.

The rapid rebuild of the flood protection in HB status is:

·    All breaches on the Tūtaekurī and Ngaruroro were repaired in under four months by 13 pods of around 160 personnel. This work benefited people who had been classified as 2C* who were then able to move to category 1.

·    Scours and lesser damage are now being repaired and due for completion by summer.

·    The waste recovery taskforce has moved more than 500 thousand cubic meters of silt with another 1 million cubic meters expected – being transported to 7 live sites.

MC16/23

Resolution

That the Māori Committee receives and notes the HBRC Chair / CE verbal updates on current issues.

Apatu/Barber

CARRIED

 

12.

Spatial Climate Vulnerability Assessment tool

 

Pippa McKelvie-Sebileau introduced the report which was originally produced a few months previously and deferred. Now, post-cyclone, this work has taken on a different importance. She highlighted that:

·    Stage 1 of the work was completed and integrated publicly available data, bringing different data sets together and exposing gaps.

·    The tool itself is not available to the public yet as the data requires checking and gaps filled.

·    The tool is not for assessing individual properties and won’t be used in resource consenting.

Queries asked:

·    How might the tool be used to identify risk to cultural sites for Māori, particularly in regard remains and undisclosed sites, safely to protect data sovereignty ?

·    Will the tool be available to the grassroots community to facilitate conversations about climate adaptation?

Peter Eden and Rose Hiha left the meeting at 1:33pm

MC17/23

Resolution

That the Māori Committee receives and notes the Spatial Climate Vulnerability Assessment staff report.

Apatu/Sciascia

CARRIED

 

14.

Discussion of minor items not on the Agenda

 

 

Topic

Raised by

Farndon Road Stopbank

·  The stopbank has eroded significantly since 2006 and there is a high risk of breach at 165 Farndon Road.

·  With the track running over the top there is a high chance that a vehicle could end up in the river if conditions continue to deteriorate.

·  Council is encouraged to take a proactive approach. 

Api Robin

Science Charges for water use in Hawke’s Bay

·  A topic of constant enquiry in Tamatea with several people lobbying on the subject, it was queried whether the Taiwhenua will have an opportunity to contribute.

·  Nic Peet advised that Council is currently considering whether it is a matter for determination by the CE and offered to continue the conversation offline.

Di Smith

Future workshops

·  Staff will investigate a flood schemes workshop in mid-September.

 

 

 

Bayden Barber offered a karakia to close the meeting.

 

Closure:

There being no further business the Chair declared the meeting closed at 1.49pm on Wednesday 2 August 2023.

 

Signed as a true and correct record.

Date: by Māori Committee resolution 6 March 2024           Chair:  Mike Paku