|
|
Maori Participation Working Party
17 March 2021
|
Representation Review and Māori Wards
Department: Civic
EXECUTIVE SUMMARY
1 The
purpose of the report is to provide an update on the representation review and
the recent amendment to the Local Electoral Act regarding Māori wards and
seeks confirmation of the Māori Participation Working Party on
establishing a Māori ward.
|
RECOMMENDATIONS
That the Working Party:
a) Notes the updates on the representation review and Local
Electoral (Māori wards and Māori Constituencies) Amendment Act.
b) Seeks confirmation of the Māori Participation Working Party’s
position on establishing a Māori ward.
|
BACKGROUND
Representation Review
2 The
Council is required to review its representation arrangements, as defined in
the Local Electoral Act 2001 (the Act) every six years. Council
last reviewed them in 2015. The review includes the number of
councillors, how councillors are elected – whether by at large (current
arrangements), a ward- based system or a combination of both. It is also
required to consider whether the council has community boards – the
number of community boards, where their boundaries are and the number of members.
While the option of adopting a Māori ward is not formally part of the
representation review the decision to have one effects the representation
arrangements.
3 Council
must complete its representation review within a prescribed timeframe in the
year prior to an election being held. Council must decide on an Initial
Proposal no earlier than 1 March 2021 and no later than 7 September 2021.
Māori Wards
4 Two
years prior to an election (by 23 November 2020) Councils may resolve to
establish a Māori ward. Council did not make such a resolution in
2020 as it has been in discussion with mana whenua on ways to strengthen
representation.
5 In
February 2021 the government introduced legislation to remove the binding poll
option from the process for establishing Maori wards or constituencies
(including both council-initiated and elector-demanded polls). This was enacted
so that changes could apply for decisions leading up to the 2022 local
elections.
DISCUSSION
Representation review
6 In
December 2020, Council appointed an Independent Review Panel comprising David
Ayres, (Chairman), Eleanor Doig and Rachel Wesley. The panel will conduct
a review of the representation arrangements and present its findings to Council
likely by the end of June 2021.
7 The
panel is currently preparing for a period of consultation. This will
include face to face engagement and surveys. The panel would like to
engage with mana whenua, mataa waka, elected members, community board members
and the public to gauge their views on representation arrangements from March
to May 2021. Following this, the panel will prepare a report detailing
its findings. These findings will become the draft initial
proposal. Council will decide in June whether to adopt it or make
amendments to it.
8 Following
the adoption of a draft initial proposal, consultation will take
place. Council then has a period of six weeks (as set out in the
Act) to hear from submitters, consider any changes it wishes to make, determine
its final proposal and to give public notice of its final proposal
(approximately mid to end September). There is then a period of a month
for appeals or objections to be lodged. This is likely to occur (by the
end of October 2021).
9 If
appeals and/or objections are received, these are referred to the Local
Government Commission (the Commission). It is then up to the Commission
to consider the appeals and objections and issue a determination prior to 10
April 2022. These will be the representation arrangements for the 2022
and 2025 local elections.
10 The
statutory part of the process (excluding the initial work leading up to the
reports for be prepared for Council consideration takes over four months (and
over seven months, should there be any appeals or objections to the
Commission).
Māori wards
11 The
recent changes to the Local Electoral (Māori wards and Māori
constituencies) Amendment Act repealed the provisions that relate to polls on
the establishment of Māori wards and prohibit binding council-initiated
polls on whether to establish Māori wards. The amended Act also
provides transitional provisions where by 21 May 2021 any council may
reconsider a decision on whether a Māori ward would be established for the
2022 local elections.
12 Whether
or not a council is eligible to have a Māori ward depends on the number of
people enrolled on the Māori roll in proportion to the total
population. Dunedin, with an estimated Māori electoral population of
6,450 and an estimated general electoral population of 127,700, would be
entitled to one Māori ward member.
13 The
Act increases the range of options available to councils to both ensure fair
and effective representation and strengthen opportunities for
participation. Councils will be able to consider the option of Māori
wards with much greater certainty than previously.
14 Eight
councils have so far voted in favour of establishing Māori wards in time
for the local elections in 2022. The timing of the legislation means that
any petitions calling for a binding poll, regardless of when they were undertaken
are effectively null and void. The new legislation extends the date by which
councils can resolve to establish Māori wards to 21 May 2021.
15 Māori
wards will become subject to the representation review process and the
oversight of the Local Government Commission.
16 The
representation review and the transitional provisions in the Act provide mana
whenua with the opportunity to discuss how they wish to proceed in the future
as to whether a Māori ward is desirable or whether to discuss other forms
of representation. At this stage it is understood that the current
position is to support other ways strengthening representation and voice, by
example appointments on committees.
OPTIONS
17 As
this report is an update report there are no options.
NEXT STEPS
18 The
panel will conduct its review and prepare its draft proposal for Council.
Signatories
|
Author:
|
Clare Sullivan - Team Leader Civic
|
|
Authoriser:
|
Sandy Graham - Chief Executive Officer
|
Attachments
There are no attachments for
this report.
|
SUMMARY OF CONSIDERATIONS
|
|
Fit with purpose
of Local Government
This decision enables democratic local
decision making and action by, and on behalf of communities.
|
|
Fit with strategic
framework
|
|
Contributes
|
Detracts
|
Not applicable
|
|
Social Wellbeing Strategy
|
☐
|
☐
|
☒
|
|
Economic Development Strategy
|
☐
|
☐
|
☒
|
|
Environment Strategy
|
☐
|
☐
|
☒
|
|
Arts and Culture Strategy
|
☐
|
☐
|
☒
|
|
3 Waters Strategy
|
☐
|
☐
|
☒
|
|
Spatial Plan
|
☐
|
☐
|
☒
|
|
Integrated Transport Strategy
|
☐
|
☐
|
☒
|
|
Parks and Recreation Strategy
|
☐
|
☐
|
☒
|
|
Other strategic projects/policies/plans
|
☐
|
☐
|
☒
|
The electoral arrangements are administrative and relate
to the governance functions of the council.
|
|
Māori Impact
Statement
Representation arrangements provide the opportunity to
enhance representation of tangata whenua.
|
|
Sustainability
There are no implications for sustainability.
|
|
LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There are no implications.
|
|
Financial
considerations
The costs associated with the representation review will
be managed.
|
|
Significance
This report is of low significance in relation to the
significance and engagement policy.
|
|
Engagement –
external
Engagement will be carried out as part of the review
process.
|
|
Engagement -
internal
There has been no internal engagement.
|
|
Risks: Legal /
Health and Safety etc.
There are no identified risks.
|
|
Conflict of
Interest
There are no conflicts of interest identified.
|
|
Community Boards
The representation review will affect the community
boards. They will be engaged with as part of the process.
|
|
|
Maori Participation Working Party
17 March 2021
|
Mana Whenua Strategic Partnerships and Maori
Capability Framework Update
Department: Executive Leadership Team
EXECUTIVE SUMMARY
1 This report provides an update on strategic mana whenua partnership
activities. Also included are current operational level mana whenua
project partnerships with Aukaha.
2 A draft high-level workplan which outlines key upcoming partnership
activities is included as Attachment B.
3 An update on the development of a draft Māori Cultural Capability (MCC) Framework. A draft MCC Framework
briefing paper is included as Attachment C.
|
RECOMMENDATIONS
That the Committee:
a) Notes the draft high level workplan
b) Notes the draft Māori
Cultural Capabilities Framework
|
MANA Whenua Strategic partnership
4 From December 2020 the Kaiwhakamāherehere has initiated monthly
meetings with mana whenua members of the Maori Participation Working Party
(MPWP). These meetings have been held to progress the work programme
initiated by the previous Kaiwhakamāherehere, in relation to mana whenua
strategic partnership across the following areas.
Strategic Framework Refresh
Background
5 Dunedin
City Council’s (DCC’s) strategic framework (figure 1.) is
underpinned by the guiding principles of both the Treaty of Waitangi and
Sustainability. A clearer representation of these guiding principles is
being explored as part of the strategic framework refresh.
Figure 1. Dunedin City Council Existing
Strategic Framework
6 From
mid-2020 onwards, the DCC has met with and gathered feedback from key mana
whenua representatives on the existing DCC strategic framework. This has
taken place as part of the strategic refresh process which also included the
Harrison Grierson Strategic Evaluation Report (Attachment A).
7 Feedback
from mana whenua included potential improvements to the strategic framework in
terms of Treaty of Waitangi commitments; considerations for governance
arrangements; embedding Māori-focused outcomes in future strategies and
other opportunities around capturing and using Māori data to inform
decision making.
Update
8 The
Harrison Grierson report together with mana whenua consultation feedback
provide a clear direction for the DCC to develop and agree an overarching Māori strategic framework that will
deliver clarity and direction for the DCC’s commitments to the Treaty of
Waitangi. Such a framework will ensure Treaty of Waitangi principles are
equally applied to all DCC strategies and offer clarity as to how commitments
to the Treaty are to be delivered, by whom and how outcomes are to be measured.
9 The
Kaiwhakamāherehere continues to work with mana whenua on the strategic
refresh to develop a Māori
strategic framework that ensures Māori development aspirations are understood and incorporated across the
DCC’s cultural, economic, environmental and social strategic outcomes.
10 A report to Council is due May 30,
2021. A draft Māori
Strategic Framework is due to be completed by September 30, 2021.
Thriving Cities
Framework
Background
11 Thriving
Cities is the framework adopted by Council in 2020 as an approach to further
define and develop what sustainability means to Dunedin City. Based on its
parent model, ‘Doughnut Economics’, the Thriving Cities framework
brings together the principles of circular economics, collaboration and
effective change processes to empower cities and communities to define
sustainability goals that are important to them.
12 As part of the strategic
framework refresh the DCC is currently undertaking work to explore what a
thriving city looks like for Dunedin. Including a Māori perspective that
will involve asking what a thriving city looks like for Māori; what is
needed in Dunedin for Māori to thrive; how might our actions enable other
people and environments to thrive and how might the Thriving City model be
applied in practice. Interrogating the Thriving Cities model from a Te Ao
Māori perspective will be part of the strategic refresh process.
Update
13 The Thriving Cities work
offers an opportunity to have input and shape the model by applying an
indigenous lens to the framework as the DCC works to develop our own roadmap
towards sustainability. The DCC will collaborate closely with mana whenua to
ensure the Thriving Cities Framework and the Māori Strategic Framework are
aligned across the DCC’s strategic priorities.
14 The project team will
commence work over March-April on understanding the Thriving Cities model and
developing a detailed project plan. A report to Council is due May 30,
2021.
Mana
Whakahono ā Rohe agreement
Background
15 On
11 July 2019 the iwi authority of Te Rūnanga o Ngāi Tahu, represented
by two of its members, Te Rūnanga o Ōtākou and Kāti Huirapa
Rūnaka ki Puketeraki formally initiated the development of a Mana
Whakahono ā Rohe with Dunedin City Council (DCC).
16 Mana Whakahono ā Rohe is an agreement between iwi authorities
and local government. It is designed to set parameters of the relationship and
engagement between local government in relation to Resource Management Act
issues. Currently, Councils or Iwi can initiate a Mana Whakahono a Rohe whose
purpose is to provide a mechanism for councils and iwi to come to an agreement
on ways tangata whenua may participate in RMA decision-making and to assist
councils with their statutory obligations to tangata whenua under the RMA.
Mana Whakahono ā Rohe are guided by the 2017 amendment to the Resource Management
Act and are required to be concluded within 18 months of initiation.
Changes are permitted if agreed to by all parties. The original deadline of
January 2021 was agreed by all parties to be extended to June 2021.
Update
17 In
light of the Randerson Review Report (July 2020) and proposed changes to the
Resource Management Act, it is timely to think about the impact this will have
on the Mana Whakahono work and potential changes to timing.
Partnership with
Aukaha
Background
18 The
Kaiwhakamāherehere and the Aukaha CEO have regular fortnightly meetings to
maintain high level visibility across a range of operational projects. These meetings
provide a mechanism to identify potential issues and challenges and identify
projects as exemplars for good partnership processes.
Update
19 This is not an exhaustive list, however some of the current
operational projects with Aukaha and mana whenua includes the following.
· South Dunedin
Future (SDF): Between
July and August 2020 the Kaiwhakamāherehere provided advice on
embedding mana whenua principles into the SDF plan. Work is under way by
Corporate Policy to align SDF programme plan values with Kāi
Tahu values outlined in the Kāi Tahu
climate change strategy, and to work with mana whenua to determine how they
will be involved with the project going forward.
· South Dunedin
Library and Community Complex: [Initiation
Stage] A collaborative co-design process was undertaken in the initial stages
of this project including working with mana whenua. The same scope and design
brief will apply to the construction of a new building and further scope to
work with mana whenua.
· George Street
upgrade: [Definition
Stage] The DCC and mana whenua are working collaboratively on the George Street
upgrade project. The cultural narrative, a key component of the project, was
prepared by Aukaha and Kāi Tahu, and introduced as a guiding document in
the early stages of concept development. Aukaha were also engaged during
concept development to ensure Kāi Tahu values were correctly embedded into
the proposed concepts.
· Waste Futures: The Waste Futures programme was
presented to mana whenua, who supported Council’s ambitious waste
minimisation targets, the move towards new collection arrangements and the
diversion of waste (re-use, re-cycle and re-purpose) from landfill. Regular
project updates have been provided to the MPWP, with Aukaha completing the
Cultural Impact Assessment for the proposed Smooth Hill Landfill.
· Dunedin
Tunnels Trail: [Initiation stage]
Initial contact was made with Aukaha at the beginning stages of this project in
2020. A business case and initial designs are being developed and the project
team will look to discuss next steps with Aukaha at an upcoming meeting in
March 2021.
· Mosgiel Pool: [Planning Stage] In
the Principal’s Requirements the DCC required tenderers to partner with
Mana Whenua through its representative Aukaha (1997) Ltd, throughout the tender
phase and delivery of the new Mosgiel pool project. Aukaha are working on
the cultural narrative and some design features for the new Mosgiel pool.
Aukaha will be presenting their ideas/plans to the next Design Team Meeting for
the new Mosgiel Pool.
·
· Moana Pool: Initial meeting with Aquatics representative held early February
2021 to discuss opportunities for Aukaha involvement with the Moana Master Plan
project and consistency with signage over all facilities. Further discussion
to be had around this project. A meeting is to be set inviting the
Marketing Design Team and Aukaha along.
· Waterfront Bridge: [Initiation Stage] At the December 2020 council meeting, council confirmed their desire for
DCC to work with mana whenua and other stakeholders to review the scope of the
Waterfront Bridge project and ensure it meets broader aspirations for the city,
including mana whenua cultural values. Initial discussions have been had with
Aukaha about restarting the project in partnership with mana whenua and a
restart meeting has been set up between the project team and Aukaha for March
2021.
· Kaupapa Centre of Digital
Excellence (CODE): The development of an
enduring partnership with local Rūnaka and Ngāi Tahu gaming companies is a critical component of CODE. Engagement
commenced in 2020 with Te Rūnaka o Ōtākou and Kāti Huirapa
Rūnaka ki Puketeraki regarding CODE and potential shareholding in the
company as well as ongoing support for activities such as
grants, employment pathways and curriculum development.
· Otago
Construction Labour Forecasting Project: In June 2019 Enterprise
Dunedin, the Ministry of Social Development and Aukaha successfully received
funding from the Provincial Growth Fund (PGF) for a joint-led project to
forecast the construction labour workforce demand and skills needs across
Otago. The purpose of the study was to create visibility over the skills and
trades required over the next 15 years, which will inform decision-making on
training and development opportunities that are well-suited to the industry,
and our communities.
· Otago
Regional Economic Development (ORED): The DCC representatives of ORED
have engaged with the DCC Kaiwhakamāherehere to
seek guidance on how to best engage with Mana whenua in the development of a
future Provincial Growth Fund supported ORED Action Plan, as well as the
possibility of developing more meaningful partnership going forward. ORED
wishes to apply the learnings from Kaupapa CODE and the regenerative approach
with Te Rūnaka o Ōtākou and Kāti Huirapa Rūnaka ki
Puketeraki to a whole of Otago perspective. The Kaiwhakamāherehere and DCC
staff will initiate meetings with Aukaha in the coming weeks.
·
High-level workplan
20 The
draft high-level workplan (Attachment B) aims to bring together the various
mana whenua partnership components of work listed in this report. The draft
workplan:
· Sets out the development of an annual workplan to capture joint DCC
and mana whenua strategic activities;
· Sets out the development of an annual workplan to capture joint DCC
and Aukaha operational activities;
· Incorporates strategic framework feedback from mana whenua as part
of the strategic
refresh.
MĀORI CULTURAL CAPABILITY FRAMEWORK
Background
21 In
May 2019 ELT and SLT undertook a two-day Treaty of Waitangi training programme
through Indigemo Ltd and Tauiwi Solutions. The feedback from senior staff was
that the training was outstanding and allowed staff to explore and understand
their own individual cultural backgrounds as part of the context of
understanding the value of Aotearoa’s indigenous culture and
heritage. It was decided at the end of this training that the same
consultants would run eight, two-day workshops for DCC Team Leaders and Managers
in July-August 2019. Overall, this training was a positive and transformative
experience for staff to begin to understand the DCC’s commitment to mana
whenua and obligations under the Treaty of Waitangi.
22 From
this initial training, the DCC has sought a more coordinated approach to
building cultural capability in partnership with mana whenua. The Māori
Cultural Capability Framework is the next step on from these initial
developments and is intended to provide a strategic and coordinated approach
across the DCC to building cultural capability.
Update
23 A
draft cultural capabilities framework briefing paper was developed in December
2020 (Attachment C). In 2021 we have started the process of developing a
framework that will support culture shift and cultural upskilling across the
DCC. The framework will provide different pathways for DCC staff to learn more
about the Treaty of Waitangi, Te Ao Māori, Kāi Tahu history as well
as opportunities to undertake learning the basics of te reo Māori. The aim
of the framework is to:
· Position the DCC to support a strengthened mana whenua and mataawaka
relationship;
· Position the DCC to consistently meet its obligations under the
Treaty of Waitangi;
· Achieve a unique Dunedin City Council organisational culture that
values Te Ao Māori and is
actively participating in achieving Treaty of Waitangi partnership outcomes.
24 The
Kaiwhakamāherehere is currently working alongside HR to develop the
framework and how the framework will be used within the DCC’s new Management
Development Programme. We are currently working through the first module of
this programme which will have a suite of workshops related to ‘Understanding
Treaty of Waitangi partnership within the local context’.
25 The Māori Cultural Capabilities Framework
will be completed by 30 June 2021.
OPTIONS
26 As
this is an update report there are no options.
NEXT STEPS
27 The
attached high level workplan provides a roadmap of the next steps
involved in the work outlined in this update report.
Signatories
|
Author:
|
Jeanette Wikaira - Kaiwhakamāherehere
|
|
Authoriser:
|
Sandy Graham - Chief Executive Officer
|
Attachments
|
|
Title
|
Page
|
|
⇩a
|
A. Harrison Grierson -
Strategic Framework Evaluation
|
34
|
|
⇩b
|
Draft High Level Maori
Strategy and Partnership Work Plan
|
83
|
|
⇩c
|
Draft Maori Cultural
Capability Framework Briefing Paper
|
84
|
|
SUMMARY OF CONSIDERATIONS
|
|
Fit with purpose
of Local Government
This decision enables democratic local
decision making and action by, and on behalf of communities.
This decision promotes the social
well-being of communities in the present and for the future.
This decision promotes the economic
well-being of communities in the present and for the future.
This decision promotes the environmental
well-being of communities in the present and for the future.
This decision promotes the cultural
well-being of communities in the present and for the future.
|
|
Fit with strategic
framework
|
|
Contributes
|
Detracts
|
Not applicable
|
|
Social Wellbeing Strategy
|
☒
|
☐
|
☐
|
|
Economic Development Strategy
|
☒
|
☐
|
☐
|
|
Environment Strategy
|
☒
|
☐
|
☐
|
|
Arts and Culture Strategy
|
☒
|
☐
|
☐
|
|
3 Waters Strategy
|
☒
|
☐
|
☐
|
|
Spatial Plan
|
☒
|
☐
|
☐
|
|
Integrated Transport Strategy
|
☒
|
☐
|
☐
|
|
Parks and Recreation Strategy
|
☒
|
☐
|
☐
|
|
Other strategic projects/policies/plans
|
☒
|
☐
|
☐
|
The report aligns with the
Council’s key strategies and contributes most directly to the strategic
principle of the Treaty of Waitangi.
|
|
Māori Impact
Statement
This report is a direct result of Kaiwhakamāherehere
discussions with mana whenua. It has ongoing implications for
relationships with mana whenua and mataawaka in Ōtepōti.
|
|
Sustainability
This report is in line with the
Sustainability principle of the strategic framework, as it discusses
relationship agreements with Māori regarding leadership,
decision-making, participation, and effective partnership
|
|
LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There is an impact on the 10 Year Plan.
|
|
Financial
considerations
There are no financial implications.
|
|
Significance
This report is assessed as having low
significance in terms of Council’s Significance and Engagement Policy
|
|
Engagement –
external
The report has been developed with input
from mana whenua.
|
|
Engagement -
internal
Information for this report has been
provided by Council staff across a range of Departments.
|
|
Risks: Legal /
Health and Safety etc.
There are no known legal or Health and
Safety risks.
|
|
Conflict of
Interest
There are no known conflicts of interest.
|
|
Community Boards
Some of the projects and activities
detailed in this report have direct implications for specific Community
Boards.
|
