Te Arawa Partnership

1993: Te Arawa Standing Committee established to provide Māori input into council decisions and to help the council meet its legal and statutory responsibilities to Māori

2002:The Local Government Act 2002 requires councils to consider and promote the current and future well-being of communities. It also introduced new responsibilities and opportunities for engagement and cooperation between councils and Māori.

2009-2012: Concerns expressed at varying times by Te Arawa about the effectiveness of the then committee and council practices around matters in which Māori had interests.

2010:Human Rights Commission report Māori Representation in Local Government: The Continuing Challenge recommends that discussions should take place between councils and Iwi about Māori seats and Māori representation prior to the next representation review (for Rotorua this is in 2015 -2016 term).See: Maori Representation in Local Government - The Continuing Challenge (PDF 640KB)

2012: The Environment Court rules against Council and states the need for the council to improve iwi consultation and involvement.

Early 2013: Decision taken to undertake independent Iwi communication audit and to review Te Arawa Standing Committee

2013: Initial findings of the audit and review lead to the sharing of potential options to improve council's Iwi consultation and involvement.

Late 2013 to early 2014: Council adoption of Rotorua 2030 vision, including a commitment to developing a new partnership model with Te Arawa. Te Arawa Partnership portfolio established. Portfolio group decide to further explore partnership options. Hui held with Te Arawa asking them to develop a partnership model.

May 2014: Council forum, discussion on initial draft of potential models

May to December 2014: Te Arawa holds round of consultation hui with Te Arawa community to gain agreement on model

18 December 2014: Presentation of Te Arawa proposal to Council

26 May 2015: Council voted to adopt the modified version of the proposed Te Arawa Partnership model

18 Feb 2025: The new Te Arawa 2050 Vision committee has its inaugural meeting.

Councils have statutory responsibilities, particularly under the Local Government Act 2002 (LGA) and the Resource Management Act 1991 (RMA), to engage / work closely with Māori and Tāngata Whenua (local iwi), to recognise the Treaty of Waitangi and to facilitate participation by Māori in council decision-making. This includes obligations to:

• provide opportunities and maintain effective processes for Iwi to contribute to decision-making
• consider ways in which Māori capacity can be developed for contributing to decision-making processes, and
• take an informed approach to how decision-making can benefit the Māori community's well-being

Also, according to Local Government New Zealand, apart from these requirements, there is increasing recognition that early and meaningful engagement between Council and Iwi can result in more informed decision-making, more streamlined processes, and better quality outcomes for the wider community. Māori input into council decision-making can also help councils ensure that their services are relevant to, and accessible by, Māori communities.

The purpose of the Operations and Monitoring committee is to ensure consolidated and complete reporting and monitoring of all financial and non-financial information and performance measures against the Annual Plan, Long-term Plan and strategy goal/priorities.

The purpose of the Strategy, Policy and Finance committee is to develop all strategic, policy and planning frameworks for approval by Council.

Only Council (which would not include Te Arawa representatives) has:

• the power to make a rate
• the power to make a bylaw
• the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-term Plan
• the power to adopt a long-term plan, annual plan, or annual report
• the power to appoint a chief executive
• the power to adopt policies required to be adopted ad consulted on under the LGA 2002 in association with the long-term plan, or developed for the purpose of the local governance statement
• the power to adopt a remuneration and employment policy
• the power to set and support strategies in measures related to emergency matters; and
• all the powers, duties and discretions under the Civil Defence Act.

The model proposes that partnership will provide:

• Improved communication and engagement between Council and Te Arawa leading to an effective partnership based on good faith, co-operation and understanding
• The sharing of skills and knowledge to improve Māori wellbeing and development for the benefit of all who live in or visit Rotorua district
• Strategic and integrated development of Rotorua district - identifying opportunities where Council and Te Arawa can work together for the betterment of the district
• Identification of co-investment opportunities
• Increased likelihood that council will comply with legislative and statutory provisions referring to Māori, Tāngata Whenua and the Treaty of Waitangi, thus minimising the risk to the ratepayer of repeating costly mistakes resulting from non-compliance.

Mechanisms for relationship between councils and Māori differ throughout the country and are unique to their local context. No one-size fits all.

Below are examples of how some other councils have enabled Council-Māori engagement / Māori representation.

• Napier City Council has one Māori appointee with full voting rights to their RMA Hearings Committee. They also have a Māori Consultative Committee which selects the appointee. The Committee has one council representative (mayor or deputy mayor) plus five mana whenua members.
• Marlborough District Council has one Māori appointee with full voting rights on each of the following committees - Asset and Services, Community and Finance, Environment and Regional Planning. The appointee is selected by local Iwi. They also have a Māori Committee.
• Hawke's Bay Regional Council has a Māori Committee. The chairman of the Māori Committee attends all council meetings and has speaking rights only. The Māori Committee makes recommendations to Council on matters of relevance affecting Māori people of the region and helps fulfil the Māori consultative undertaking of Council, particularly with regard to the principles of the Treaty of Waitangi.Hawkes Bay Regional Councilalsohas the following:
• Two Māori appointees with full voting rights to the Environmental Management Committe
• Two Māori appointees with full voting rights to the Asset Management and Biosecurity Committe
• Two Māori appointees with full voting rights to the Strategic Planning & Finance Committe
• One Māori appointee with full voting rights to the Hearings Committee
• One Māori appointee with full voting rights to Full Council.

Appointees are selected by the Māori Committee. The Chair of the Māori Committee sits on full Council.

• Wairoa District Council has one Māori appointee with full voting rights on their Resource Management Committee. They also have a Māori Standing Committee which selects the appointee. The committee representation comprises nine from Iwi (no less than seven), the mayor ex-officio and two councillors nominated by Council but agreed to by tāngata whenua.
• Waipa District Council has one Māori appointee with full voting rights on both their Strategic Policy and Planning Committee and Regulatory Committee. The appointee is selected by Ngā Iwi Toopu o Waipa. They also have a Māori Standing Committee, which is made up of eleven Iwi and six council representatives.
• New Plymouth District Council (NPDC) has a Komiti Māori sub-committee which enables Māori to have input into council processes by investigating and reporting on issues that may impact on Māori. It is made up of 50/50 council and Māori representation (ten members in all). On 15 April 2014 NPDC considered appointment of Iwi representatives to each standing committee - Policy, Monitoring and Regulatory. This motion was lost - 5 for and 7 against. Subsequent to this NPDC is recommending to a September Council Meeting that a Māori Ward be established.
• Bay of Plenty Regional Council has Māori seats. In October 2001 this was the first Council to have Māori seats with the passing of a local bill authorising the establishment of three Māori seats. Since then the Local Electoral Act 2001 has been amended to provide communities with the option of creating Māori wards. They also have a Māori Committee which has some delegated authority to approve actions for enhancing Māori capacity. This seems to be through the provision of funding for environmental management plans.
• Waikato Regional Council has Māori seats/wards. In October 2011 the Council voted to establish two Māori seats in time for the 2013 election. This was done through the Local Electoral Act rather than special empowering legislations.
• Northland Regional Council has one seat for Māori interests on its Environmental Management Committee. The nomination process has been agreed to between Council and regional Iwi authorities (chairs and CEOs). Sub-committees have been established under the umbrella of the Environmental Management Committee and all have Māori representation. The council also has the recently established Tai Tokerau Māori Committee.

All committee members are accountable to Full Council. Only Full Council is able to appoint representatives on to committees, and provided standing orders are followed, are able to overturn committee decisions or, if unhappy with the committee performance, discharge or reconstitute a committee.

In the proposed model, Te Arawa representatives will be nominated by the Te Arawa board and they will have reporting accountability to that board.

As included in Q1 of the FAQs, Te Arawa had been raising the ineffectiveness of TASC with Council since 2009. Issues raised included (but are not limited to):

• Unclear purpose and functions
• Lack of clear connection with stakeholders
• Lack of control over meeting agenda and decision making
• Recommendations not being listened to
• No budget to effectively carry out work

The 2012 Environment Court ruling against Council also evidenced that current Iwi consultation mechanisms did not meet Council needs.

There was media coverage of both of these issues in recent years.

The members of the Te Arawa Standing Committee from 2014 have led the development of the model. Other than providing relevant reports and other information about Māori participation in Council decision-making processes to Te Arawa, Council staff did not assist in the development of the model.

It was not until 18 December 2014, that the proposed Te Arawa Partnership Model was presented to Council. Council's 10-3 votes on that day in support of the model 'in principle'- subject to a Special Consultative Procedure then enabled wider public consultation on the model to occur.

Work to develop a Te Arawa partnership proposal was underway when Council decided to retain the existing representation system for the 2016 elections. The fact there was a partnership model being developed was the rationale behind not making any representation change at this time.

It was resolved at a full council meeting on 25 September 2014: That Council retain the existing representation system for the 2016 elections i.e. no Maori wards, and publicly notify the public's right to demand a poll.

Council did not know what Te Arawa would put forward as a proposed model until it was presented to Council in December.

In October 2013 the Te Arawa Standing Committee decided to delay elections to focus on a future model for Te Arawa representation and a month later decided to form a collective body and vision to that end. In January 2014 a hui with Te Arawa stakeholders sought support for and feedback on the review and resolved to draft a review plan and take it out to iwi.

At the same time, Council engaged Mr Tama Hovell, Solicitor of Atkins Holmes Majurey to undertake a Cultural Engagement Audit of Council's engagement with Iwi/Māori as a result of the Rotoiti/Rotoma sewerage scheme Environment Court decision. Given that the development of a Partnership Model with Te Arawa would be a positive step going forward in regards to Council's engagement with Iwi/Māori Mr Hovell was asked to postpone the Audit and to instead draft model options for a Te Arawa Partnership Model that could enable an enduring, good faith and genuine partnership with Council.

This report was then passed on to Te Arawa.

Yes. If after deliberating on submissions that Council determines to support an alternative model instead of the proposed Te Arawa Partnership Model, another round of consultation (this time with the alternative model as the proposed model) will be necessary due to the significance of the issue.

The model was presented to council by Te Arawa representatives on 18 December 2014 as a model that Te Arawa believes will help achieve effective partnership between Council and Iwi.