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Charter with Proposed Amendments
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Attachment 1
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A
CHARTER
between the
HAWKE'S BAY REGIONAL COUNCIL
and the
MAORI COMMITTEE
OF COUNCIL
Adopted December 2002
Reviewed
April 2011
1. Background
The
initial groundwork for the establishment of tangata whenua direct input
into Regional Council began before the 1989 reorganisation of local
government and before the requirements of the Resource Management Act 1991.
The
then Hawke's Bay United Council recognised the need for special input
into decision making by Maori, and established a consultative committee of
tangata whenua to provide input into a variety of issues.
Special
mention should be made of the work of the late Ngarangimataeo Eru Smith
and the Chairman of the Council at that time, Harry Romanes, for the
vision and energy provided to achieve this process.
In
terms of the new Regional Council, a Maori consultative committee was not
formalised until requested by tangata whenua following a hui at Kohupatiki
Marae in June 1990. The iwi at this hui requested that:
"Hawke's Bay Regional Council
amend their structure to include a
‘Maori Standing Committee'".
This
request was duly considered by Council and adopted in July 1990.
The
Maori Committee consisted of twelve Maori members and three Council
representatives. There were three Maori members elected by the iwi in their
respective districts representing Wairoa, Napier (Ahuriri), Hastings
(Heretaunga) and Central Hawke’s Bay (Tamatea). These three members
represented the Maori Executive, the Taiwhenua and a kaumatua, from each
district.
The
relative roles are:
a) The Maori Executive is
representative of Maori and hapu, and most marae in the rohe (area).
b) Taiwhenua represents Maori in
the rohe (area) including taura here (those without a ‘connection’ or
‘whakapapa link’ to Hawke’s Bay).
c) An appropriate kaumatua is
nominated to represent kaumatua from that rohe (area).
The
committee commenced meetings in September 1990 under the Chairmanship of Bill
Bennett.
The
first stated purpose of the Committee was to "make recommendations to
the Council on matters of general concern, which affect Maori people
of the Region, and fulfil the Maori consultative undertakings of the
Council's Annual Plan".
It
must be stated that generally the feeling amongst those Maori involved in this
process was that this was a compromise solution, that while not acknowledging
the full spirit of the Treaty of Waitangi, it did provide, for the first time,
an input directly into local government.
It
is against this background that the present Committee has forged a strong
commitment to achieving Maori input into decisions made by the Regional
Council.
2. Introduction
It
is important to establish the place of the Regional Council and its
relationship with the iwi and the Crown.
2.1 The Treaty of
Waitangi is between the Crown, iwi, hapu and
whanau.
2.2 The Hawke's Bay
Regional Council is a statutory body with powers and responsibilities delegated
to it by the Crown.
2.3 Councillors of the
Hawke's Bay Regional Council are elected by the regional community and are
accountable to that whole community, with the primary focus of the Council
being environmental stewardship.
2.4 Hapu have mana
whenua and mana moana (tino rangatiratanga – self-determination, control over
their own affairs) relating to the land or sea, as established in the
Treaty, and the Council exercises its functions as established by
legislation.
2.5 It is established
that in most given situations the Council will communicate to and consult with hapu/marae/tangata whenua via the contact(s)
established by the Maori Committee. It is vital where contact is made, or is on-going
between the Council and hapu/marae/tangata
whenua, that the relevant members of the Maori Committee are kept informed of
developments.
2.6
Model of Communication
Iwi, Hapu,
Maori Hawke's Bay
Whanau
Committee Regional Council
3. Vision
He Toa Takitini –
“Strength in Unity”
4. Purpose
of the Charter
The purpose
of the Charter is to outline the relationship between the Hawke's Bay
Regional Council and the Maori Committee of Council, highlighting:
· the clear understanding of the basis
and on-going conduct of the relationship
· that the relationship is one of
mutual benefit, and
· the involvement of the Committee in
decision-making processes.
5. Purpose
of Maori Committee
The
purpose of the Maori Committee is seen as three-fold:
5.1 Actively
participating in relevant decision-making, policy development and other
activities of the Hawke's Bay Regional Council.
5.2 Initiating effective
hapu/marae/tangata whenua interaction
with the Hawke's Bay Regional Council.
5.3 Advising Council how to deal
with particular issues affecting tangata whenua
in particular.
6. Committee Kawa (Protocol)
6.1 The Committee will
meet on calendared dates as agreed by Council for the purpose of discussing
relevant agenda business put forward by either the Council or tangata whenua.
6.2 Such meetings will
generally be every second month with the ability for the Chairman to call extra
meeting(s) if required to deal with specific and/or urgent business.
6.3 At least two meetings per year will be on marae. {Rescinded.
See Maori Committee meeting minutes 27 April 2005}*
6.4 The Committee shall
elect a Chairman to conduct the meetings of the Maori Committee and perform
other functions of the Committee as appropriate. The Chairman shall be elected
from the Maori members of the Committee.
6.5 The Chairman shall
be elected for the term of the Committee but shall not be precluded from a
subsequent term as Chairman if so nominated.
6.6 At the beginning of its three year term the Committee
will develop a Plan setting out the objectives for the rest of the three year
term.
6.7 The meetings of the
Committee shall be conducted in accordance with standing orders of Council
while at times recognising the process of tikanga Maori (Maori custom and
practice).
6.8 The Maori members of
the Committee may hold a pre-meeting prior to the meeting proper to network and
clarify issues to be raised at the meeting proper.
6.9 When meeting on
marae the Standing Orders will be suspended to allow marae kawa.
6.10 Each rohe (area) may
appoint a ‘stand in’ representative to attend committee meetings if a regular
representative from their area is unavailable, but this right is to be used as
infrequently as is possible to ensure continuity and familiarity by appointed
members.
7. Maori
Committee Members' Responsibilities
Maori
Committee Members will:
7.1 Ensure consultation
and feedback to hapu/marae and other Maori organisations.
7.2 Put forward
appropriate agenda items for discussion by the Committee.
7.3 Promote appropriate
tangata whenua issues during the Council’s Annual Plan process.
7.4 Liaise with hapu/marae/tangata whenua when required to
assist direct contact with the Council.
7.5 Provide the Regional
Council with appropriate tangata whenua contacts as and when necessary.
7.6 When
requested by Consents staff, provide appropriate tangata whenua contacts for
those deemed ‘affected’ by a notified resource consent application.
7.7 Promote tangata
whenua interests in the Council's decision-making processes.
7.8 Assist Council to
avoid disputes involving tangata whenua issues.
8. Responsibilities
of Councillors on the Maori Committee
Regional
Councillors on the Maori Committee will:
8.1 Seek an
understanding of the issues relevant to the Regional Council which are of
importance to the tangata whenua.
8.2 Represent and
reflect the Council’s policies, plans and responsibilities to the Maori
Committee.
8.3 Promote an
understanding of the concerns and reflect the resolutions of the Maori
Committee to Council.
9. Te
Tiriti O Waitangi (Treaty of Waitangi) Policies
(The Treaty Article relevant to each Policy is shown in
brackets)
9.1 The
Hawke's Bay Regional Council acknowledges that:
9.1.1 Major aspects of the Resource
Management Act and Local Government Act place particular responsibilities on
the Council regarding its involvement with Maori. (Article One)
9.1.2 It is necessary and valuable to have
Maori input into decision-making and policy development, where appropriate.
(Article One & Two)
9.1.2 There are special requirements of
Council to consult with tangata whenua over matters of interest to Maori. (Article
Two)
9.2 Policies
9.2.1 Resource Consent Process (Article One
& Two)
9.2.1.1 The
Council will provide a process to allow relevant tangata whenua to have a
meaningful input into publically notified or limited notified resource consent
applications that affect them as either hapu/marae or iwi.
9.2.1.2 Relevant Maori members of the Maori Committee will at
times be asked to provide appropriate tangata whenua contacts in relation to
resource consent application(s) and in particular notified consents.
The
appropriate contacts will be required to represent Tangata Whenua’s views in
relation to the proposed activity requiring resource consent and may involve
formal submissions either supporting or opposing the application and appearing
at consent hearings.
9.2.1.3 The
process will be reviewed at least every three years with members of the
Committee to ensure it is still relevant and effective.
9.2.2 Consultation/ Communication (Article One &
Two)
9.2.2.1 "Consultation is an
essential component of giving effect to the principles of the Treaty
rather than an accepted principle of the Treaty itself" (Parliamentary Commissioner for the
Environment, Proposed Guidelines for Local Authority Consultation with
Tangata Whenua, P5, June 1992).
9.2.2.2 The
Council and Maori Committee acknowledge the elements of effective consultation
as established through the Courts:
a) That
sufficient information is provided to the consulted party, so that they can
make informed decisions,
b) That
sufficient time is given for both the participation of the consulted party and
the consideration of the advice given, and
c) That
genuine consideration of that advice, including an open mind and a willingness
to change, is shown.
d) That
consultation must be carried out in good faith by both parties.
9.2.3 Consultation Policy for tangata whenua
Issues (Article One & Two)
Kanohi ki kanohi – Pokohiwi ki
pokohiwi
Face to face – Shoulder to shoulder
9.2.3.1 In
a wide variety of the Council’s work there will be a need for effective
consultation/communication with tangata whenua.
9.2.3.2 The
Council will endeavour to identify those with mana whenua (authority for that
land) through the appropriate members of the Maori Committee on relevant
occasions and in particular for resource
consent applications.
9.2.3.3 The
Council will endeavour to meet kanohi ki kanohi (face to face) at an
appropriate venue, such as marae.
9.2.3.4 The
Council will acknowledge the mana (integrity) of the hui (meeting) by sending
senior staff and where appropriate Councillors. That is, those who can make the
decisions.
9.2.3.5 Where
there are on-going meetings required, Council will ensure that the relevant
member of the Maori committee is kept informed about developments and involved
directly at an early stage if there is a possibility of an impasse.
9.2.3.6 The
Council will allow such time as is reasonable for a decision to be made
allowing for tikanga Maori (Maori custom and practice) and thereby maximising
the chances of a decision where the Council and tangata whenua will be pokohiwi
ki pokohiwi (shoulder to shoulder) on the issue.
9.2.3.7 The Council’s commitment is, through
a process of pokohiwi ki pokohiwi, to achieve a result where all parties are
confident that their voice has been heard and respected and that the outcome
has their support. It is accepted, however, that on rare occasions the Council
may have to use its statutory powers or to refer issues to the legal system as
a measure of last resort.
9.2.4 The Council will, within its
statutory responsibilities, exercise its duty to protect Maori taonga
(treasures) to the fullest extent practicable. (Article Two
& One).
9.2.5 The Council will resource tangata
whenua, where appropriate, to ensure adequate consultation at a meaningful
level is achieved on relevant issues. (Article Two & Three).
9.2.6
The Council in making any decision will ensure that the results of any
consultation with tangata whenua are fully considered. (Article Two &
Three).
9.2.7 Waahi Tapu (Article Two)
9.2.7.1 The
Council will exercise its responsibility to assist tangata whenua to protect
and preserve waahi tapu sites, in the coastal marine area, on the beds of lakes
and rivers and on Council owned or administered land.
9.2.7.2 Council
acknowledges that only tangata whenua can identify waahi tapu and decide on the
importance of any particular waahi tapu.
9.2.7.3 Council
will provide a facility to allow the registering of waahi tapu sites.
9.2.7.4 Council
will take all practical measures to protect the sanctity of waahi tapu sites
within the reasonable bounds of budgetary restraints.
9.2.7.5 Council
will respect the wishes of hapu/marae who wish to keep the actual site of a
particular waahi tapu secret by recording a general locality indicator, or by
operating a ‘silent file’ for limited access.
9.2.7.6 Council
will give the utmost respect to information given by hapu/marae, in confidence.
9.2.8 The Council will investigate which
powers could be transferred to recognised nga hapu. (Article Two).
9.2.9 The Council will lift the general
awareness within Council of the significance of Maori issues. (Article Three)
9.2.10 The Council will provide training,
particularly of Officers and Councillors of the Council, in relation to
bi-cultural awareness and issues. (Article Three)
9.2.11 The
Council will provide relevant training to members of the Maori Committee. (Article
Three)
10. Council’s
Commitment to the Maori Committee
Council,
in acknowledging the necessity and value of Maori involvement in
decision-making and policy development, will:
10.1 Appropriately
resource the Maori Committee.
10.2 Resource
Maori Committee meetings on marae when appropriate and also relevant
consultation hui.
10.3 Maintain
two positions on each of the Council’s Environmental Management and Asset
Management & Biosecurity Committees for representatives from the Maori
Committee.*
10.4 Maintain two positions on the Council’s
Strategic Planning and Finance Committee, one of whom shall be the Chair of the
Maori Committee.
10.5 Maintain
one position on the Hearings Committee for a representative from the Maori
Committee,
10.6 Maintain
one position on other Council Committees/Task Groups to provide Maori input
where the focus of the Committee has a direct impact on Maori.
10.7 Have
the Chairman of the Maori Committee as a participant at the full Regional
Council meetings.
10.8 Councillors
and appropriate staff will hold a wananga (‘seminar’) with kaumatua from
throughout the rohe (area) to listen to the issues that are of importance for
these iwi leaders at times when it is
considered appropriate by either party.
10.9 Maintain
a strong working relationship with Ngati
Kahungunu Iwi Incorporated.
10.10 As
and when relevant, source appropriately experienced Maori to undertake specific
work for the Council.
10.11 Ensure
the Chairman (and through him/her the members) of the Maori Committee is
provided with the background information relating to Council’s meeting agendas.
11. Evaluation
To provide an evaluation of the effectiveness of the Maori Committee,
the Maori Committee may request that an evaluation of its role, functions and
performance be arranged by Council. Council may also indicate its intention to
evaluate the role, functions and performance of the Maori Committee.
The Charter will be reviewed every three years.
11.1 To ensure the vitality of the relationship
established by this Charter, the performance of the Council and the Maori
Committee in their respective roles will be evaluated.
11.2 To assess the effectiveness a measurement tool
will be developed and used as follows:
11.2.1 On an annual basis the Committee may review any
Charter issues coupled with progress on the Committee’s 3-year plan. An
opportunity for this will be provided at the last Committee meeting in a
calendar year.
11.2.2 Before the end of the Committee’s 3-year term an
auditor will be commissioned by the Council to conduct an audit of the
performance of the Council and Committee relative to the Charter and the 3-year
Plan during that period.
11.2.3 In addition, the Charter will be reviewed again in
2007 unless deemed necessary prior to this time.
12. Summary
This
Charter is a statement of the agreed principles of participation between the
Hawke's Bay Regional Council and the Maori Committee of Council.
It
sets out the broad parameters under which the parties will interact.
The
creation of the Maori Committee of Council has been an important step
in the process of acknowledging tino rangatiratanga in Hawke's
Bay.
While it is
not intended to be a legally binding document, the Charter
is entered into by both parties with the utmost good faith.
The
Charter is a continuation of the process to enable tangata whenua to have
a meaningful voice in local government, and is based on the trust that has
been established between the two groups.
December 2002
* Amended May 2005
*Reviewed April 2011
