Report on Mai i Nga Kuri a Wharei ki Tihirau

Transcription

1 Report on Mai i Nga Kuri a Wharei ki Tihirau Prepared by Daran Ponter, Ponter Amor Consulting Ltd for the Ministry of Fisheries October 2010

2 Contents Proposal...3 Summary...3 Process for Compiling this Report...4 Background...4 Mai I Nga Kuri a Wharei ki Tihirau...4 Ministry of Fisheries...6 Mai i Nga Kuri a Wharei ki Tihirau: Actions to date...7 Observations...11 Formalising the Forum s Scope...11 Incorporated Society...12 Mandate...13 Accountability...14 Representation (under the Incorporation)...15 Appointment of Members (under the Incorporation)...15 Proceedings of Board (under the Incorporation)...16 Observations...16 Extending the Forum s Scope...17 Iwi-level integration of non-commercial and commercial interests...17 Forum-level integration of non-commercial and commercial interests...19 Observations...20 Appendix A: Sample Letter to Iwi Regarding Formalisation of Forum Incorporation...22 Appendix B: Draft InCorporation Constitution for Forum...23 Appendix C: Integration Report: Prepared by the Forum...29 Appendix D: Four fisheries protocols in place as a result of Treaty settlements...31 Appendix E: Reports/Paper Reviewed in the Paprepation of this report...32 Page 2

3 PROPOSAL 1. This paper presents: a. a progress statement of the work that has been undertaken to date by Mai i Ngä Kuri a Wharei ki Tihirau Customary Fisheries Forum [the Forum] to establish an iwi fisheries forum; b. an assessment of the potential for the Forum to adopt an integrated commercial/noncommercial approach to fisheries management; and c. a preliminary analysis of whether the Forum could be a priority for the Ministry of Fisheries [the Ministry] to assist tangata whenua to develop Iwi fisheries plans and forum fisheries plans (IFP/FFP). SUMMARY 2. The Mai I Ngä Kuri a Wharei ki Tihirau Customary Fisheries Forum [the Forum] was established in November 2001 by the iwi and hapu of the central and eastern Bay of Plenty. The interests of the Forum are primarily to improve the management of the fisheries resources in the region and to recognise and provide for the use and management practices of tangata whenua in those fisheries as required by the 1992 Fisheries Settlement. 3. The Ministry has clearly signalled its preference for an integrated (commercial/noncommercial) approach to fisheries management and that iwi and iwi collectives should move to this model. However, the Ministry has further work to do in convincing the Forum and the constituent iwi of the benefits of an integrated approach. 4. The Forum has the strong potential to form the nucleus of a larger Forum to cover the wider fisheries management area, presuming that the issue of commercial/non commercial integration can be addressed. The Constitution will be able to be amended, at the Forum s discretion, to provide for an integrated commercial/non-commercial approach and potentially to extend the iwi membership. 5. The Forum has strong representation of the iwi within its rohe. While focused on noncommercial fisheries it is a cohesive organisation that provides a focus for consideration of all fisheries matters. The Forum is moving to incorporate itself, which signals that the Forum has reached a certain maturity in terms of membership and purpose. The Forum has formalised relationships with the Ministry of Fisheries via a memorandum of understanding and contract signed in July The Ministry is keen to understand how it should continue interacting with the Forum, given the Ministry s desire to move to integrated commercial/non-commercial fisheries management and to interact with iwi on a fisheries management area basis. 7. Any future contracts should be predicated on the Forum adopting an integrated (commercial/non-commercial) model. This will need to be clearly communicated. The Forum should have a clear and early expression of the Ministry s intention in this regard. Page 3

4 8. I consider that that existing contract between the Ministry and the Forum should be extended to the end of November 2010, to allow the deliverables to be finalised. The deliverables, most particularly the planning templates, have the potential to provide the foundations for much of what the Forum and the Ministry want to achieve in terms of fisheries planning. PROCESS FOR COMPILING THIS REPORT 9. This report was compiled following a series of informal interviews with the following people: Tu Williams: Chairperson, Mai i Nga Kuri a Wharei ki Tihirau Brad Bluett: Pouwhakaata, Mai i Nga Kuri a Wharei ki Tihirau Mokohiti Brown: previously a Pou Hononga, Ministry of Fisheries Stacey Whitiora: Pou Takawaenga Team Leader, Ministry of Fisheries John Taunton-Clarke: Fisheries Management, Ministry of Fisheries Otene Reweti: Pou Hononga Manager with Ministry of Fisheries Alan Moore: Fisheries Management, Ministry of Fisheries Tom Teneti: Field Operations Manager, Poverty Bay 10. The interviews provided good context and insight into Forum, and the Ministry s objectives for integration. 11. In addition I reviewed the Forum s draft Constitution, Strategic Plan , 200 Operational Plan, contract with the Ministry of Fisheries, and progress statements. A full list of the documents provided for review is included in Appendix E. 12. The report structure is largely based on a template provided by the Ministry of Fisheries, with some alterations. BACKGROUND Mai I Nga Kuri a Wharei ki Tihirau 13. The Forum was established in November 2001 by the iwi and hapu of the Bay of Plenty coast, between Waiōroro Stream near Waihi Beach in the west to Cape Runaway in the east. 14. The Forum was set up in response to the Customary Fisheries (Kaimoana) Regulations 1998 as part of the 1992 Fisheries Deed of Settlement and the Treaty of Waitangi (Fisheries Claim) Settlement Act The Forum comprises representatives of tangata whenua of the region who have an interest in species of fish, aquatic life and seaweed in the Forum region. The iwi represented on the Forum descend from the Mataatua, Te Arawa, Horouta, Tainui and Takitimu waka. Page 4

5 16. A high-level Memorandum of Understanding (MOU) between the Ministry and the Forum was signed on 12 October The purpose of the Memorandum is to establish and promote a collaborative working relationship between the Tangata Whenua of the region and the Ministry to implement the Fisheries Deed of Settlement, consistent with the Treaty of Waitangi 17. The objectives of the MOU are to: a) Encourage the sharing of information and to ensure effective and efficient cooperation on matters concerning the sustainable management of fish, aquatic life and seaweed in the region; and b) Enhance and improve the design, delivery and monitoring of policies that influence the sustainable management of the fisheries resources of the region The MOU has helped to formalise the relationship between the Forum and the Ministry of Fisheries, which had been developing over preceding years. The interests of both parties are primarily to improve the management of the fisheries resources in the region, and, further, to recognise and provide for the use and management practices of tangata whenua in those fisheries as required by the 1992 Fisheries Deed of Settlement and the Treaty of Waitangi (Fisheries Claims) Settlement Act The objectives of the relationship are: a. To encourage the sharing of information and to ensure effective and efficient cooperation on matters concerning the sustainable management of fish, aquatic life and seaweed in the region; and b. To enhance and improve the design, delivery and monitoring of policies that influence the sustainable management of the fisheries resources of the region. 20. The iwi represented on the Forum have shown a willingness to work together on noncommercial fisheries issues. The Forum is currently working on a number of projects to better support iwi fisheries planning, including templates for the development iwi noncommercial strategic plans, operations plans, research plans and iwi fisheries management plans. 21. In 2009 the Forum further formalised its planning activities by confirming an operational plan which sets out key tasks and responsibilities In February 2010 the Forum resolved to establish itself as an incorporated society. This is a timely juncture at which to enquire into the potential of the Forum to: a. take a more integrated approach (i.e. to incorporate non-commercial and commercial fishing); and b. evolve into a Forum spanning Fisheries Management Area 1. 1 Section 5 of October 2006 Memorandum of Understanding between Tanagta Whenua, Mai I Nga Kuri a Waharei ki Tihirau Regional Fisheries Forum and the Ministry of Fisheries, 12 October Mai I Nga Kuri a Wharei ki Tihirau: Operational Plan 2009, January Page 5

6 Ministry of Fisheries 23. The Ministry of Fisheries works to ensure that fisheries are used in a sustainable way and that New Zealand has a healthy aquatic ecosystem. 24. In recent years the Ministry has developed a Fisheries Treaty Strategy which has the vision of: Tangata whenua and the Crown working in partnership to provide for the utilisation of fisheries resources while ensuring sustainability: 1. having particular regard to Kaitiakitanga; 2. with the Crown meeting its obligations to Maori. 25. The Treaty Strategy describes the work the Ministry is doing to deliver on the obligations it has to Maori, in the context of the broader Treaty partnership and sustainable fisheries management. It encompasses the goals and plans that the Ministry has, the goals and plans of tangata whenua, and the goals and plans that the Ministry and tangata whenua have discussed and agreed together. 26. In July 2008, the Ministry released a paper to support a discussion with tangata whenua on how it could better deliver on one particular obligation - providing for iwi/maori participation in fisheries management. It discussed this paper at hui around the country up until the end of March After considering the variety of views expressed during consultation, the Ministry confirmed its preference for: a. engagement processes which can bring together and integrate views representative of iwi and hapu non-commercial and commercial fisheries interests; and b. the development of tools which allow these integrated views to be better articulated and implemented in fisheries management The Ministry of Fisheries is supporting a move to engagement models which allow tangata whenua rather than the Crown - to bring together and reconcile their diverse interests. This approach is intended to: a. generate better fisheries management outcomes; b. be more efficient (by engaging particular groups on a range of issues at the same time); and c. better deliver on Crown obligations (by allowing a more holistic expression of Kaitiakitanga); and it is more consistent with broader government policies on involving tangata whenua in natural resource management (acknowledging their status as Treaty Partners). 29. This poses a number of challenges, the most significant of which are that: a. as a consequence of the statutory framework for managing fisheries, iwi have largely organised the management of their non-commercial and commercial fishing interests on separate bases; 3 Ministry of Fisheries: Delivering on Obligations to Maori: CE s Design Decisions for Ministry Services to 2014, 17 December 2009 Page 6

7 b. tangata whenua are largely organised on an iwi basis, rather than as collectives of iwi. 30. In addition, in September 2010 the Ministry released a set of guidelines explaining how tangata whenua can use Iwi Fisheries Plans (IFP) and Forum Fisheries Plans (FFP) to outline their fisheries objectives for stock-wide management and ensure their input into the Ministry s planning process is as effective as possible In the future IFPs and FFPs will be key tools for ensuring tangata whenua have effective input and participation from individual levels of fisheries management decision-making. IFPs will provide for individual input from iwi and hapu at a local level by communicating individual iwi objectives that reflect non-commercial and commercial objectives. FFPs will bring together iwi collective non-commercial and commercial fisheries objectives, at a scale that can communicate effectively and influentially with fisheries management decision-making. 32. The Ministry also has four protocols agreed with iwi in the Forum area as a result of recent Treaty Settlements (See Appendix B). These protocols are at different points of implementation. 33. This paper seeks to identify the potential of Mai i Nga Kuri a Wharei ki Tihirau to deliver on the Ministry s new engagement model. MAI I NGA KURI A WHAREI KI TIHIRAU: ACTIONS TO DATE 34. In July 2009 the Ministry entered into a contract with the Forum (with Te Runanga o Ngati Awa acting as the legal entity for the management of the contract). The contract ran to 30 June 2010, and was later extended to 30 September This contract is a pilot for the Ministry and was negotiated prior to the Iwi Fisheries and Forum Fisheries Plan engagement model. 35. The schedule to the contract sets out a series of outputs to be delivered on by Mai i Ngä Kuri a Wharei ki Tihirau. The outputs and the progress in achieving them are identified below [Table 1]: TABLE 1: PROGRESS ON DELIVERING OUTPUTS AS PER FORUM-MINISTRY OF FISHERIES CONTRACT Output Complete Bay of Plenty iwi/hapu rohe moana specifications and submit these to the Ministry for processing Progress Four identified Iwi were identified to be the focus of r rohe moana specifications: Te Whanau a Apanui Whakatohea Tuwharetoa ki Kawerau Te Arawa. Te Whanau a Apanui have decided not to participate in the Forum. 4 Ministry of Fisheries: Implementation of Iwi Fisheries Plans and Forum Fisheries Plans: Guidelines for Tangtata Whenua, September Page 7

8 Whakatohea have drafted a notification and are still to confirm the number of kaitiaki prior to notification to the Ministry of Fisheries. Likely to submit within coming four months. Tuwharetoa ki Kawerau have identified rohe moana, collectively with Ngati Awa, Rangitihi, and hapu of Te Arawa. All the iwi need to agree on number of kaitiaki and how kaitiaki are apportioned per iwi. 4 6 months before notification to Mfish. Identify those people who will be nominated as tangata kaitiaki Complete and forward the deep sea rohe notification and forward to the Ministry for processing under the kaimoana customary fishing regulations Resolve boundary issues and notify their Tangata Kaitiaki under the kaimoana customary fishing regulations for their kaimaori areas Develop a number of document templates for use by hapu and iwi within the Forum and by the Forum itself Development Forum-wide research strategy and thereafter prepare applications for research funds according to the research strategy Assist in the development of a database system to manage customary authorisations and record customary catches Identify priorities for customary and commercial use of important species. Te Arawa progress is slow. Internally there is no one taking responsibility to lead customary fisheries. Identification of Tangata Kaitiaki will continue as rohe moana notifications are submitted to Mfish. Map drafted for Forum by Ministry of Fisheries, which included Te Whanau a Apanui. But because Te Whanau a Apanui iwi have decided not to participate in Forum map needs to be redrawn and discussed between Forum and Ministry. To confirm rohe moana, discussions need to take place on areas of overlap with other iwi. Te Whanau a Apanui no action because Te Whanau a Apanui have chosen not to participate in the Forum at this stage. Whakatohea Hapu allegiance issues have surfaced requiring further boundary issue discussions. Te Awa a Te Atua to agree on number of kaitiaki and how kaitiaki are apportioned per iwi Te Arawa no progress due to no mandated customary fisheries body a) Non-commercial strategic plan template. Completed Draft was to be sent to iwi at end of September b) Non-commercial operations plan template. Completed Draft was to be sent to iwi at end of September c) Research plan template. Further work required. d) Kaitiaki training plan template Completed. Draft was to be sent to iwi at end of September e) Iwi Fisheries Management Plan template. Draft completed minor work required. Draft completed. Minor work required to be sent to iwi at end of September. No applications prepared. Database identified which is now available to iwi to use free of charge. So far only Ngati Awa and Tauranga Moana Fisheries Trust are using database. Organised special meetings of the Forum to discuss the potential integration of customary and commercial fisheries management. (report received) Page 8

9 36. In summary the Forum appears to have made steady progress on the contract deliverables. While some of the outputs have been delayed, many are nearing completion, with the bulk of these matters, particularly the templates, expected to have been delivered, in either draft or final form, by 30 September From the interviews held it is evident that Brad Bluett is held in high regard as a conscientious and respected worker. 38. It is difficult however to understand how the respective iwi will use many of the tools that are being developed without adequate follow-through. Indeed it is quite possible that without active engagement at the next stage the tools will in many cases languish. 39. The Ministry and the Forum will need to consider how it follows up on this work, in particular: a. finalising the templates with the iwi; b. addressing the templates to an integrated non-commercial/commercial approach (as currently drafted the templates are focused on non-commercial fisheries management); c. socialising and promoting the uptake of the templates with iwi, particularly for the development of Iwi fisheries plans. As a stepping stone to a consolidated Forum Fisheries Plan, significant emphasis now needs to go into working with the constituent iwi, on a one-on-one basis, to facilitate the development of Iwi fisheries plans; d. moving to an integrated approach to non-commercial and commercial fisheries by both the iwi and the Forum (also has a bearing on the iwi fisheries and Forum fisheries plans); and e. extending representation on the existing Forum. 40. Options for addressing the above noted issues potentially include: TABLE 2: CONTRACTING OPTIONS Option 1 End existing contract. Option 2: Extend existing contract Option 3: New contract: same provider Pros Entering new phase with new deliverables required. Existing contract has focus on noncommercial (i.e. not integrated approach). Contract already in place. Existing contract largely completed. Established relations and processes. Allows outstanding contract deliverables to be addressed and new contract deliverables to be set. Established relations Cons Contract nearing completion with a range of deliverables due. Detrimental to Ministry s relationship with the Forum and related iwi. Entering new phase with new deliverables required. Existing contract has focus on non-commercial (i.e. not integrated approach). Not contestable and therefore not good practice. Page 9

10 and processes. Option 4: New contract: Tender for service Option 5: Ministry facilitation Contestable and good practice. Allows for contract to be established on new basis. Allows for Ministry of Fisheries to emphasise those matters that are now in focus. Benefit iwi with closer Ministry involvement. Increase staff exposure and experience. Allows for better alignment to iwi fisheries and forum fisheries plan engagement model Will take time to run closed or open tender process. Possibility that existing contractor will not tender new relations have to be established. Potential for loss of momentum. Could cause a perception of loss of sovereignty. Could cause resentment toward the Ministry and result in agreements on key issues being harder to reach. Additional cost. 41. While the existing contract with the Forum was a pilot it will inevitably be viewed by other iwi as a precedent. On this basis the Ministry should approach its future contracting arrangements in an open and transparent manner. This includes ensuring that close attention is paid to the Ministry s contracting standards. 42. Given: a. the work that has already been undertaken by the existing contractor; b. the relations and trust evident between the contractor and the Forum; c. the deliverables in the contract required by iwi to better position them for planning for fisheries management; d. the Ministry s stated policy of integrated non-commercial and commercial fisheries planning; and e. the Ministry s commitment to open and transparent processes, one approach is for the Ministry to: a. i. Extend the existing contract to 30 November 2010to conclude any outstanding matters (if necessary); and in so doing extend the scope of the contract to ensure that deliverables address an integrated commercial/non-commercial approach ; OR AND/OR ii. Extend the existing contract to 30 June 2011 to: conclude any outstanding matters (if necessary) and in so doing extend the scope of the contract to ensure that deliverables address an integrated non-commercial/commercial approach, and commence initial template adoption work (i.e. iwi fisheries management plans, working with Ministry on approach to integration etc). Page 10

11 b. Establish a new contract, via closed or open tender, to implement key matters, most particularly the formalisation of integrated iwi fisheries plans and a Forum fisheries plan; and AND c. Actively engage with the iwi and the Forum on the issue of integration of commercial/non-commercial before new contracts are formed with the Forum (discussed further in later sections). 43. Any future contracts should be predicated on the Forum adopting an integrated model (non-commercial/commercial). This means that, apart from the immediate extension of the current contract with the Forum, future contracts should only be entered into once the Forum has confirmed an integrated approach to fisheries (this is discussed further below). Observations 44. In summary my Observations are Observation 1: Observation 2: Observation 3: Observation 4: Observation 5: THAT Mai i Ngä Kuri a Wharei ki Tihirau is an established forum which has formalised its relationship with the Ministry of Fisheries via a contract signed in July THAT Mai i Ngä Kuri a Wharei ki Tihirau is nearing completion of the contract deliverables, but that a contract extension or new contract will be required to finalise the deliverables. THAT there is value in extending the existing contract to secure the deliverables, but that the existing contract should also be amended to ensure that deliverables address an integrated noncommercial/commercial approach. THAT any future contracts should be predicated on Mai i Ngä Kuri a Wharei ki Tihirau adopting an integrated model (noncommercial/commercial). THAT before any new contracts are negotiated with the Forum the Ministry of Fisheries needs a more concerted approach to explaining the benefits to iwi and Mai i Ngä Kuri a Wharei ki Tihirau of, and the Ministry of Fisheries commitment to. a. an integrated non-commercial/commercial approach; and b. Iwi/Forum fisheries management planning; and c. a collective approach to planning. FORMALISING THE FORUM S SCOPE 45. This section presents information on how iwi within the Mai i Nga Kuri a Wharei ki Tihirau rohe have collectively organised themselves on fisheries issues. This section also examines the Forum and its intentions to form itself into an incorporated society. Page 11

12 46. This section starts with the Forum s move to be an incorporated society. Incorporated Society 47. The Mai I Nga Kuri a Wharei ki Tihirau Customary Fisheries Forum was established in November 2001 by the iwi and hapu of the Bay of Plenty coast, between Waiōroro Stream near Waihi Beach in the west to Cape Runaway in the east. The easternmost point (Tihirau) roughly aligns with the Eastern boundary of Fisheries Management Area The Forum s emphasis is on customary fisheries. Commercial fisheries matters arise from time to time, generally in the context of generic matters that affect both noncommercial and commercial fisheries management. 49. On 9 February 2010 the Forum confirmed its intention to form itself as an incorporated society. A constitution has been drafted and letters duly sent to the potential incorporated society members [See Table 3 for list of possible incorporations members] seeking confirmation of: a. their membership of the Incorporated Society, and b. their elected representative to the Incorporated Society Board. TABLE 3: PROGRESS ON DELIVERING OUTPUTS AS PER FORUM-MINISTRY OF FISHERIES CONTRACT Current Forum Members Possible Inc Soc Members Possible Mandating Authority for Inc Soc Ngati Awa Ngati Awa Te Runanga O Ngati Awa Ngaiterangi Iwi Ngaiterangi Ngaiterangi Iwi Inc Ngati Pukenga Iwi ki Tauranga Ngati Pukenga Ngati Pukenga Iwi Inc Ngati Ranginui Iwi Ngati Ranginui Ngati Ranginui Iwi Inc Soc Te Whakatohea Whakatohea Te Whakatohea MTB Ngaitai Iwi Ngaitai Ngaitai Iwi Authority Te Whanau a Maruhaeremuri Te Whanau a Apanui Te Runanga o Te Whanau Hapu Tuwharetoa (BOP) Ngati Tuwharetoa BOP Ngati Tuwharetoa BOP Settlement Trust Ngati Rangitihi Ngati Rangitihi Rangiaohia Marae Trustees Te Arawa Te Arawa Te Kotahitanga o Te Arawa Waka Fisheries Trust Board Ngati Manawa Ngati Whare Tuhoe Te Runanga o Ngati Manawa Te Runanga o Ngati Whare Iwi Trust Tuhoe Settlement Trust 50. The move to an incorporation will help to formalise arrangements and to bring in other iwi in due course. 51. The Objects of the Incorporation are as follows: Protection of the mauri of the moana, Mai I nga Kuri a Wharei ki Tihirau Page 12

13 Improve the management of the fisheries resources in the region to ensure sustainability for future generations; Ensuring the non-commercial customary needs of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum), Iwi, Hapu, Whanau and Marae are met; and Creating common understandings between participating members to work cooperatively, fairly, openly, honestly, and in good faith to achieve the common objectives of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum). 52. It is notable that the third object of the Incorporation specifies non-commercial fisheries. While the other three objects can be read more broadly to encompass non-commercial and commercial fishing there are no objects that explicitly relate to commercial fishing. 53. Tu Williams and Brad Bluett confirmed that the focus of the Incorporation is on noncommercial fisheries. While the Forum remains open to discussing matters of integration members prefer to make integrated fishery decisions at an individual iwi level (see further discussion below). 54. Following discussion with Brad Bluett I have recommended that he take another look at some elements of the constitution and share a draft with the Ministry of Fisheries. Issues included: a. the basis for representation (i.e. what qualifies an organisation to be represented on the Forum); b. termination of representative clause; c. add dispute resolution clause; and d. add conflict of interest clause. 55. A letter has been sent to representative organisations asking them to confirm representatives for the Incorporated Society. However, there is no intention to enquire as to mandate. Once an organisation confirms its intention to be part of the Incorporation it will be taken as read that the particular body has the mandate to represent the respective iwi. 56. The consensus style that has been followed to date by the Forum will continue under the Incorporation. In some instances, such as when a vote is called for, the Incorporation will be challenged by its constitution (i.e. to date some iwi have been sending two representatives to meetings, but under the constitution each iwi represented gets only one vote. In other cases hapu representatives are attending rather than iwi representatives). Mandate 57. My inquiries have found no specific mandating by iwi members of the organisations that put representatives onto the Forum. Rather these organisations are acting under a general mandate to represent the best interests of their members. The organisations listed in Table 4 (below) tend to be those that represent their iwi s/hapu s noncommercial fishing interests. This reflects the focus of the Forum on non-commercial fishing. 58. Representatives are endorsed by the organisations shown in Table 4 (below). To date the representatives of each iwi and hapu have not been specified. Rather the minutes of Page 13

14 each Forum meeting are used to confirm attendance. Because the Forum is focused on non-commercial fisheries, iwi/hapu representatives tend to come with this skill-set. However some iwi have already adopted an integrated approach and their representatives tend to bring a more integrated (non-commercial/commercial) approach. TABLE 4: IWI/HAPU REPRESENTED ON MAI I NGA KURI A WHAREI KI TIHIRAU Waka Iwi Represented by Mataatua Ngati Awa Te Runanga o Ngati Awa Te Whakatohea Te Whakatohea Maori Trust Board Ngaiterangi Ngaiterangi Iwi Incorporated Ngati Pukenga ki Ngati Pukenga Iwi Incorporated Tauranga Ngati Manawa Te Runanga o Ngati Manawa Ngati Whare Te Runanga o Ngati Whare Iwi Trust Tuhoe Tuhoe Fisheries Charitable Trust Takitimu Ngati Ranginui Ngati Ranginui Iwi Incorporated Te Arawa Te Arawa Te Kotahitanga o Te Arawa Waka Fisheries Trust Board Tuwharetoa ki Kawerau Ngati Tuwharetoa Bay of Plenty Settlement Trust Ngati Rangitihi Rangiaohia Marae Trustees Tainui Ngaitai Ngai Tai Iwi Authority Accountability 59. There are currently no explicit accountability arrangements in place at the Forum with respect to either: a. the iwi organisations represented on the Forum; or b. the iwi representatives on the Forum. 60. While iwi representatives are presumed to be accountable to the organisations they represent no accountability requirements are specified by the Forum. Nor does the Forum enquire as to the level to which representatives or the iwi organisations account to the members in respect of their involvement with the Forum. As such it appears that there is: a. no uniform reporting of the Forum s business and decisions to the organisations and/or hapu/iwi represented on the Forum; and b. no obvious accountability for the Forum, or the representative members, or the iwi representative organisations. 61. The apparent lack of accountability is compounded by: Page 14

15 a. iwi representatives not being constant members (though this is likely to improve with the new Constitution for the Incorporation); and b. a lack of mandate documentation i.e. it is not clear to whom the iwi representative organisations necessarily owe their accountability (this could be addressed in the Constitution for the Incorporation). 62. The Forum secretary s copies of the minutes to the iwi representatives who attend. In addition the Forum has a website, which has all past minutes/agendas and other information, that members can access through the internet whenever they (or their Iwi organisation) want. 63. The Forum has now reached a point of maturity where the accountability of representative organisations to their stakeholders, and of members appointed to the Forum by the representative organisations, needs to be improved. If the existing Forum is in time to be used as the basis for an FMA 1 Forum then accountability will need to be addressed. This is particularly important if the Forum is to play a more significant role as a conduit for iwi strategic thinking on non-commercial and commercial fisheries. 64. The constitution for the Forum Incorporation provides means to address accountability issues. I have recommended to Brad Bluett that the Forum allow the Ministry of Fisheries the opportunity to review the draft Constitution. Representation (under the Incorporation) 65. The draft Incorporation constitution provides that any recognised iwi representative entity within Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum) is eligible for membership of the incorporation. The Board will establish a register of members and the recognised iwi representative entities for each Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum) iwi. 66. One matter which the Forum is likely to need to confront is that in some cases hapu representatives are attending the Forum. While this has not posed any issues under the more informal operating style of the Forum, under the constitution of the Incorporation representation is at an iwi level. This could become an issue if in the future issues are put to the vote. I have raised this issue with Brad Bluett. 67. The membership of the Incorporation will be able to be amended by agreement of the Incorporation. However, it is advisable that the Ministry of Fisheries discuss the draft constitution with the Forum: i) in order that the Constitution might be future-proofed to provide for future extensions in membership including the possibility of membership beyond the current rohe; and ii) In recognition that the Constitution might be adopted by other fora. Appointment of Members (under the Incorporation) 68. According to the draft Constitution, Board membership will be on the following basis: Page 15

16 a. Number of members: one representative from each member iwi of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum) [Section 5.1 of Constitution]. b. Membership of Board: Board appointed at each annual general meeting of the incorporation (Section 5.2 of Constitution] c. Term of Appointment: each representative shall hold office until the next Annual General Meeting, unless: i. he/she dies ii. he/she is declared bankrupt iii. he/she becomes mentally disordered iv. he/she is convicted of an offence that results in imprisonment v. he/she resigns in writing vi. the iwi notifies the Forum that that representative is no longer a representative. (See section 5.3 of constitution). Proceedings of Board (under the Incorporation) 69. The constitution specifies the decision-making rules and processes that govern the conduct of members. This includes: a. Chair Chairperson will be elected from amongst the members [Section 6.1 of the Forum Constitution]. b. Quorum A majority of members is required [Section 6.4 of Forum Constitution]. c. Voting Decisions are to be consensus in the first instance, and if a decision cannot be reached, will be by vote. The Chairperson has the casting vote [Section 6.5 of Forum Constitution]. 70. Section 7.1 of the Constitution sets out the general powers and specific powers of the incorporation. Observations 71. The decision to incorporate the Forum means that in the future there will be more formal rules around how the Trust operates, including basis for representation, governance procedures, conduct of meetings and accountability. It provides the Ministry of Fisheries with a means to assess the performance of the Forum. 72. It appears that there is still a possibility of refining the Constitution to provide for closer definition of some matters, including: a. the basis for iwi representation; b. the extension of the Forum, either now or in the future, to include an integrated approach (non-commercial/commercial) and c. the future extension to the geographic scope of the Forum. 73. In summary, my observations, predicated on the incorporation model that the Forum is currently pursuing are:. Page 16

17 Observation 6: Observation 7: Observation 8: Observation 9: Observation 10: Observation 11: Observation 12: Observation 13: Observation 14: THAT the Mai i Ngä Kuri a Wharei ki Tihirau has made a decision to form itself into an incorporated society. THAT the objects of Mai i Ngä Kuri a Wharei ki Tihirau remain largely the same as for the current Forum, and that the emphasis remains on non-commercial fisheries and the existing rohe. THAT the incorporation Constitution may benefit from review by the Ministry of Fisheries. THAT ideally the issue of integration (non-commercial and commercial) and the scope of the Incorporation should be settled between the Forum and the Ministry of Fisheries before the Incorporation Constitution is registered. THAT the Mai i Ngä Kuri a Wharei ki Tihirau has good representation from the iwi within the rohe. THAT the Mai i Ngä Kuri a Wharei ki Tihirau Constitution will in the future provide a firm foundation for ensuring good governance and better accountability. THAT hapu and iwi in nominating representatives to Mai i Ngä Kuri a Wharei ki Tihirau are generally acting under a general mandate to represent their iwi/hapu interests, as opposed to a mandate that is explicitly sought around fisheries. THAT accountability of representatives on the Forum is not evident and that the Forum Constitution does not appear to address the accountability of representatives to their endorsing iwi. THAT at the request of Mai i Ngä Kuri a Wharei ki Tihirau, the Ministry of Fisheries be provided the opportunity to review the draft Incorporation Constitution in order to advise on how future changes in representation on the Forum might be efficiently catered for. EXTENDING THE FORUM S SCOPE Iwi-level integration of non-commercial and commercial interests 74. There is quite a strong degree of separation between non-commercial and commercial fishing interests amongst the Forum iwi members. This stems in large part from the separate statutory arrangements that were put in place to manage commercial and non commercial fisheries. 75. In the Tauranga Moana area there is a high degree of integration and inter-iwi cooperation. Customary fisheries for that area are managed by the Tauranga Moana Iwi Customary Fisheries Committee, which has a close association with the three Iwi mandated organisations. This has been necessitated in part by: Page 17

18 a. Iwi with overlapping interests in the Tauranga moana; b. the Tauranga moana inshore fishery being largely over-fished; and c. the need to rely upon commercial fishers to fulfil customary fishing needs. As a consequence the Tauranga moana based representatives on the Forum tend to bring a more integrated approach to commercial/non-commercial fisheries management 76. By contrast, the Iwi to the east of Tauranga tend to manage their non-commercial and commercial fisheries interests separately. There is no strong incentive on the iwi to move to an integrated model. 77. Table 5 provides information on the extent of integration of non-commercial and commercial fishing, on an iwi by iwi basis. TABLE 5: IWI/HAPU INTEGRATION ON NON-COMMERCIAL AND COMMERCIAL FISHERIES Waka/Iwi Commercial Customary Ngai Te Rangi Te Runanga o Ngai Te Rangi Tauranga Moana Iwi Customary Iwi Trust Mandated Iwi Fisheries Committee Organisation (MIO) **Pataka Model - In practice, Customary Permits are fished by Commercial boats (as per Kaitiaki Ngati Pukenga ki Tauranga Ngāti Pūkenga Iwi ki Tauranga Trust (MIO) Ngati Ranginui Ranginui Fisheries Trust (MIO) Te Arawa Ngati Rangitihi Tuwharetoa ki Kawerau Ngati Awa Te Kotahitanga o Te Arawa Fisheries (MIO) Te Kotahitanga o Te Arawa Fisheries (MIO) Ngati Tuwharetoa Fisheries Charitable Trust (MIO) Ngati Awa Group Holdings Limited (MIO) [Subsidiary of Te Runanga o Ngati Awa] request) Tauranga Moana Iwi Customary Fisheries Committee ** Tauranga Moana Iwi Customary Fisheries Committee ** The Maketu Taiapure Committee Trust (coastal hapu) Te Arawa Lakes Trust [1] (lakes). Rangiaohia Marae Trustees; REG 27A; KAIMOANA REGS being applied / included with TkK Ngati Tuwharetoa Bay of Plenty Settlement Trust Ngati Awa Customary Fisheries Authority [Subsidiary of Te Runanga o Ngati Awa] Whakatohea Maori Trust Board Te Whakatohea Whakatohea Maori Trust Board (MIO) Ngai Tai Ngaitai Iwi Authority (MIO) Ngaitai Iwi Authority 78. It was clear from the comments made that there is a degree of resentment of the Ministry of Fisheries proposals. There was a view that, given the significant shift in the proposal model, consultation had been inadequate and closer engagement with iwi is required. [1] Pursuant to Te Arawa Lakes Settlement Act Page 18

19 In addition there was a view that the Ministry had failed to use senior management to engage with, and sell the new model to, iwi. 79. The interviews strongly suggested that the Ministry of Fisheries needs to engage more directly to convince iwi of the merits of an integrated approach. The interviews revealed a view that the Ministry of Fisheries had failed: a. to explain the shift from the models currently in place to the Ministry s preferred approach; b. to adequately explain the benefits to iwi of the integrated management approach; and c. to indicate how it would assist iwi to transition from the current model to an integrated model. Forum-level integration of non-commercial and commercial interests 80. The Forum was established as non-commercial fisheries organisation and has continued to have that focus. The draft Constitution for the Incorporation suggests a continuation of this approach. Object three states: Ensuring the non-commercial customary needs of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum), Iwi, Hapu, Whanau and Marae are met 81. The remaining three objects in the Draft Constitution can be read more broadly but there is nothing explicit about commercial fisheries. There are no specific commercial objectives in the Forum Strategic Plan 82. Objective 8 of Schedule 2 of the Contract for Services Agreement requires a hui to be initiated to enable Iwi to identify priorities for customary and commercial use of important species. 83. The Forum members have held hui to identify Iwi efforts to integrate customary and commercial fisheries management. The following transpired from a memo of the meeting prepared for the Forum: a. most participants were aware of the integration concept but were pessimistic as to its practicality; and b. there was concern over the Ministry of Fisheries dictating to Iwi when and where integration of customary and commercial practices should take place. 84. The conclusion taken from the Forum s consideration of integrating non-commercial and commercial fisheries is: a. Iwi forum members generally agreed the concept of integration is not an iwi concept (i.e. it is a concept that the government is promoting); b. if no integration, customary and commercial efforts should at the very least, be coordinated; c. each Iwi will determine where and when their efforts will be integrated; Page 19

20 d. customary and commercial fisheries are both important resources which should be managed prudently; and e. pataka is one such area of growth where Iwi are practising integration. (See Appendix C for full internal Forum memo) 85. Notwithstanding this, the participants appear to have recognised that it is important for customary and commercial efforts to be coordinated within their own Iwi groupings so that fisheries matters can be better managed. And, as noted above, on an iwi level some have clearly already embarked on this course. 86. The hui identified a perception among some Iwi that customary fisheries has more of a sustainable management focus whereas commercial is primarily focused on the generation of income from the fishery. Observations 87. Mai i Ngä Kuri a Wharei ki Tihirau is a relatively cohesive organisation. It has been run on a relatively informal basis, benefiting from the role of Te Runanga o Ngati Awa in providing management oversight, and the Ministry of Fisheries support. 88. The Forum was established with an emphasis on customary fisheries. It has retained this focus. It is possibly this narrower focus that has been its success. By not dealing explicitly dealing with commercial fisheries the Forum may have avoided some of the harsher policy debates that could have led to division. 89. Integration needs to be viewed carefully in terms of what it could ultimately mean for the Forum. The introduction of commercial fishing issues into the mix could have dramatic consequences for the Forum. Over time mandated iwi organisations are likely to play a bigger role. Unless carefully managed there is a serious potential for ructions to develop within the Forum to the point of making it dysfunctional. 90. On the other hand the transition to an integrated management approach could undoubtedly place the Forum in a strong position to co-ordinate and influence. 91. The question arises as to which should come first iwi commercial/non-commercial integration; or Forum commercial/non-commercial integration. The Tauranga Moana experiences suggest that the move to integration in this region should be iwi-led rather than emanating from the Forum. The reasons for suggesting this are that: a. the Forum is the sum of the constituent iwi it is the sum of their desires for cooperation; b. integration at an iwi level will increasing serve up integrated organisations and representatives who are able to walk with ease in the non-commercial and commercial environment; and c. the Tauranga Moana model provides a ready exemplar for other iwi. 92. Notwithstanding this, the Forum needs to be engaged with as readily as the Bay of Plenty Iwi. The Forum is a significant and influential player amongst the Iwi who are likely to look to the Forum for direction on this matter. Page 20

21 93. The Ministry will need to provide a more compelling case to the Forum and the related Iwi as to why they should follow an integrated model, and the benefits that this is likely to achieve. From the reaction I received during interviews there appears to be a view that the benefits of integration are heavily in favour of the Crown rather than iwi. 94. The Ministry will need to place an emphasis on: a. Integration for sustainable management of all fisheries i.e. managing how commercial affects non-commercial and vice versa; b. Integration for Efficiency that there are efficiency gains to be made by managing non-commercial and commercial fisheries together; c. Integration for Effectiveness that iwi and the Forum are likely to be more effective in influencing policy on the management of non-commercial and commercial fisheries if they are able to approach it in an integrated manner. 95. In summary, my observations on extending the Forum s scope are: Observation 15: Observation 16: Observation 17: Observation 18: Observation 19: THAT Mai i Ngä Kuri a Wharei ki Tihirau is a relatively cohesive organisation, albeit with a focus on non-commercial fisheries. THAT integration at the Forum level needs to be approached carefully it has the potential to strengthen the role of the Forum and increase its influence over fisheries planning, or alternatively lead to dysfunction. THAT the commercial/non-commercial fisheries integration has already been achieved in the Western Bay of Plenty, and is a potential model for the rest of the iwi represented on Mai i Ngä Kuri a Wharei ki Tihirau. THAT the Ministry should promote integration at the iwi level first (as opposed to the Forum), but should keep the Forum closely involved in developments. THAT the Ministry of Fisheries has some significant work to do in convincing iwi in the central and eastern Bay of Plenty of the merits of integration at this stage the case either is simply not compelling and/or has not been convincingly advocated by the Ministry of Fisheries (including advocacy by senior management). Page 21

22 APPENDIX A: SAMPLE LETTER TO IWI REGARDING FORMALISATION OF FORUM INCORPORATION 8 Pipiri 2010 Ngati Rangitihi C/o Rangiaohia Marae Trustees MATATA Tena koe Henare Pryor, The purpose of this letter is to seek confirmation regarding Iwi membership to the Mai I nga Kuri a Wharei ki Tihirau (BOP Regional Iwi Customary Fisheries) Forum. The Forum has recently been considering the formalization of a new entity structure as a vehicle to advance the Forum in future endeavours. On Monday 8 February 2010, the Forum accepted an Incorporated Society constitution as the basis to begin operating as an Incorporated Society entity. The Forum agreed that for the new entity to begin operating as an Incorporated Society, Iwi members must confirm membership to meet its obligations under the newly adopted constitution. This requires each Iwi to elect or select a representative to sit on the Incorporated Society Board for your Iwi. For your clarification, I have included a copy of the constitution for your reference. If you have any further queries please do not hesitate to contact me. Naku iti noa, na Pp Mani Mokomoko Chairman Mai I nga Kuri a Wharei ki Tihirau (BOP Regional Iwi Customary Fisheries) Forum Page 22

23 APPENDIX B: DRAFT INCORPORATION CONSTITUTION FOR FORUM Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum) Incorporated Constitution Endorsed 8 February 2010 Constitution 1 Name The name of the incorporation shall be the "Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum) Incorporated. 2 Office The office of Mai i Nga Kuri a Wharei ki Tihirau (BOP Iwi Regional Fisheries Forum) shall be situated at Ngāti Awa House, Louvain Street, Whakatane or at any other place the Board may decide. 3 Objects The Objects of the Incorporation are as follows: a) Protection of the mauri of the moana, Mai I nga Kuri a Wharei ki Tihirau b) Improve the management of the fisheries resources in the region to ensure sustainability for future generations c) Ensuring the non-commercial customary needs of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum), Iwi, Hapu, Whanau and Marae are met; and d) Creating common understandings between participating members to work cooperatively, fairly, openly, honestly, and in good faith to achieve the common objectives of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum). 4 Structure of the incorporation The incorporation shall be administered by a Board ("the Board") who shall be accountable to, and elected by, members of the Incorporation. 5 Members of the Board 5.1 Number of Board members The Board shall consist of one representative from each member iwi of Mai i Nga Kuri a Wharei ki Tihirau (BOP Customary Fisheries Forum). 5.2 Membership of the Board The Board shall be appointed at each annual general meeting of the incorporation. 5.3 Term of Board appointment Page 23