Iwi Liaison Activity Management Plan

Transcription

1 Iwi Liaison Activity Management Plan Prepared by Approved by Strategic Planner, Jolene Nelson and Strategic Planning Projects Manager, Mark Buttimore Council Approval date 25 June 2014 Review date 2017 Document Number

2 Table of Contents: 1 Introduction Background Statutory Obligations What is the Iwi Liaison activity? Key stakeholders in the Iwi Liaison activity Consultation Community Outcomes and the Iwi Management activity Levels of Service What are Levels of Service? Future changes to Levels of Service Programme of Action Programmed actions for years one to ten ( ) Organisational consistency Demand Management Drivers of Demand Financial Summary What is the cost of operating the Iwi Management activity? What are the key assumptions made in financial forecasts? Standards, Guidelines and Legislation Legislative Requirements Council Policy Framework Plan Improvement and Monitoring Improvement Programme Monitoring and review procedures... 26

3 1 Introduction This section provides an overview of the rationale behind developing this Plan, what the Plan covers, key stakeholders and what the Iwi Liaison activity is. 1.1 Background The purpose of this Iwi Liaison Activity Management Plan is to provide supporting documentation behind this non-asset activity to ensure a useful planning and risk management tool is in place for all of the Council s operations. This new approach will be consistent organisation-wide and is expected to be a user friendly planning tool for this activity. This Plan intends to: demonstrate responsible management of the Iwi Liaison activity communicate and justify funding requirements comply with statutory requirements ensure a sound business continuity plan is in place define realistic work programmes and demonstrate practical work flows. This Plan is a living document therefore it is the responsibility of the Activity Manager to make any amendments to it as matters arise, e.g. as a result of Council decisions etc. These Plans will also be reviewed by each Activity Manager/Department annually, with a major review scheduled three yearly in preparation for the Long Term Plan. Links to other Council documents and responsibilities Activity Management Plans have strong links with many of the Council s other policies, strategies and plans, especially the Long Term Plan which, in turn, is linked with the Council s Annual Plan and Annual Report. The following diagram illustrates the relationship that Activity Management Plans have with other policies, strategies and plans. The relationship is not to be confused with the hierarchy that exists with statutory obligations and other plans. Relationship of Activity Management Plans with other policies, strategies and plans Legislation Consolidated Bylaw Purpose and role of Long Term Plan & Annual Plan Community Outcomes Council Policy Asset and Activity Management Plans Annual Report Key strategies and plans (local, regional and national) Consultation/professional advice/political direction 1 P a g e

4 Where Iwi Liaison fits in the Council s Organisational Structure The Iwi Liaison activity is undertaken primarily by the Strategic Planning Projects Manager who is within the Planning and Environmental Services Department. The diagram below illustrates where Iwi Liaison (through the Strategic Planning Projects Manager) fits into the Council s Organisational Structure. MAYOR & COUNCILLORS CHIEF EXECUTIVE (Langley Cavers) BUSINESS UNIT BOARDS OF MANAGEMENT District Engineer (Ken Thompson) Community Services Manager (Steve Fabish) Planning & Environmental Services Manager (Peter Thom) Corporate Services Manager (vacant) Chief Executive Team Customer Services Manager Regulatory Services Manager District Planner Strategic Planning Projects Manager (including Iwi Liaison) 2 P a g e

5 1.2 Statutory obligations Through the Local Government Act, 2002 and Resource Management Act, 1991 the Council has a number of statutory obligations. These include but are not limited to: Local Government Act, 2002 Section 4 Treaty of Waitangi In order to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi, and to maintain and improve opportunities for Maori to contribute to local government decision making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Maori in local authority decision making processes. Section 77 Requirements in relation to decisions (1) A local authority must, in the course of the decision-making process, (a) seek to identify all reasonably practicable options for the achievement of the objective of a decision; and ((c) if any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Maori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga. Section 81 Contributions to decision-making processes by Maori (1) A local authority must (a) establish and maintain processes to provide opportunities for Maori to contribute to the decision-making processes of the local authority; and (b) consider ways in which it may foster the development of Maori capacity to contribute to the decision-making processes of the local authority; and (c) provide relevant information to Maori for the purposes of paragraphs (a) and (b). (2) A local authority, in exercising its responsibility to make judgments about the manner in which subsection (1) is to be complied with, must have regard to (a) the role of the local authority, as set out in section 11; and (b) such other matters as the local authority considers on reasonable grounds to be relevant to those judgments. Resource Management Act, 1991 Section 8 Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). 3 P a g e

6 1.3 What is the Iwi Liaison activity? The primary rationale of the Iwi Liaison activity is to facilitate input from the Maori community into democratic and community decision making processes and to acknowledge the Council s responsibilities under various legislative provisions to consult and work with Maori. The Council, through the implementation of the Local Government Act, 2002 and the Resource Management Act, 1991, recognises Maori as an important group within the community to which it has defined and undefined responsibilities which place a specific emphasis on: providing opportunities for Maori to be involved in decision making processes developing policies for consulting with Maori fostering capacity building for Maori to take part in local government processes acknowledging the relationship of Tangata Whenua with the natural environment recognising the special status of Tangata Whenua (as opposed to Maori in general) and taking into account the Treaty of Waitangi in resource management decision making processes. 1.4 Significant positive and negative effects of this activity In undertaking the Iwi Liaison activity it is important to recognise that there are both positive and negative effects associated with it. These effects are identified in the following table along with how the Council is currently working to mitigate the negative effects. Positive Strengthening of capacity of Maori to take part in local government and its decision making processes. Negative Communication with all of the appropriate groups can be difficult for the Council. Policy can be seen to be advantageous for Maori and disadvantageous for other ethnicities. How do we mitigate these negative effects? Attempting to keep in touch with all appropriate iwi. By education of the community about the Council s responsibilities. Through entering into further Memoranda of Understanding with iwi groups. Through establishing forums for ongoing dialogue and decisionmaking with iwi. Through ensuring compliance with Section 4 of the Local Government Act, 2002 in that local government has a statutory role in enabling the Crown to meet its obligations to Maori, which at times can be difficult as not specifically defined. 1.5 Key stakeholders in the Iwi Liaison activity There are a number of key stakeholders relevant to the Iwi Liaison activity and these have been identified below: Elected Members iwi Maori Management Team Council staff residents and ratepayers the community adjoining local authorities community groups government agencies Regional Council industry groups 4 P a g e

7 The above iwi stakeholder group can be broken down further into specific key stakeholders which include, but are not limited to: Te Kupenga o Ngati Hako Te Runanganui o Ngati Paoa Te Runanga o Ngati Maru Te Ruunanga a Iwi o Ngati Tamatera Ngati Porou ki Hauraki Trust Ngati Tara Tokanui Ngati Whanaunga Hauraki Maori Trust Board Te Runanga o Ngati Puu Inc Other Mana Whenua who may have a historical association in the Hauraki District area. 1.6 Consultation The Council consults with the public to gain an understanding of customer expectations and preferences. This enables the Council to provide a level of service that better meets the community s needs. The Council s knowledge of customer expectations and preferences is based on: discussion with specific iwi consultation on specific matters consultation via the Annual Plan and Long Term Plan process feedback from elected members, advisory groups, and working parties. Specific consultation includes: representation on the Consultative Committee Water and Waste discussion through forums such as the Consultative Committee Water and Waste Memorandum of Understanding meetings discussions on District Plan policy and District Plan reviews representation on the District plan Review Committee discussions on specific resource consents. Memoranda of Understanding are held with Te Rununga o Ngati Maru Te Ruunanga a Iwi o Ngati Tamatera Te Kupenga o Ngati Hako Te Runanganui o Ngati Paoa. 1.7 Collaborative projects Relationship document with Iwi The Council has adopted a specific Community Outcome relating to its goals and aspirations for working with Māori which acknowledges its responsibilities for involving Māori in its decision making processes. The Outcome states: We take a collaborative approach with both Mana Whenua and Tangata Whenua in our District. We advocate for forums which ensure involvement and consultation in decision making processes. We ensure appropriate regard is made to taonga and culturally significant matters. 5 P a g e

8 We encourage the development of partnerships for the delivery of services and programmes. Consultative Committee Water and Waste The Council has had a Standing Committee on Water and Waste for many years. Its role is to: provide a forum for regular and ongoing consultation on water and wastewater issues facing the District, with representation from special interest groups including Iwi have regular, open consultation on the issues of water and waste and make recommendations to the Council. The six iwi with Mana Whenua status (as listed below) are entitled to appoint a representative to this Committee. This provides Iwi and the Council the opportunity to take into account the relationship of Māori and their culture and traditions to Māori ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga during the Committees consideration of any decision. Memoranda of Partnerships The Council has acknowledged six iwi as having Mana Whenua (those with authority over the land) status within the District. It also acknowledges that some Māori in the District do not have Mana Whenua status but, as Tangata Whenua, are included in Council s responsibilities in relation to Māori. Acknowledged Mana Whenua iwi are: Ngati Hako Ngati Maru Ngati Paoa Ngati Tamatera Ngati Tara Tokanui Ngaati Whanaunga. The Council currently has four Memoranda of Partnership with individual Iwi and is actively encouraging the development of two additional Memoranda of Partnerships. The Council will, during the course of this Hauraki Long Term Plan, seek to work with Māori on fostering and developing Māori involvement in local government. Mana Whenua Forum The Council, along with iwi groups having Mana Whenua status in the Hauraki District rohe, has established a Mana Whenua Forum. The first meeting of this Forum was held on 21 March This Forum works within a Heads of Agreement titled Te Mana Whenua Forum Mo Te Rohe o Te Kaunihera. The role of the Forum is to provide a mechanism whereby Māori, who have Mana Whenua status in respect to the jurisdictional boundaries within Hauraki District, can meet with the Council and participate meaningfully in decision making processes facilitate Mana Whenua contribution to the Council s decision-making consider any matter to promote the social, economic, environmental and cultural wellbeing of Mana Whenua. The Hauraki Treaty Settlement claims, that are currently in the process of being negotiated with the Crown, the Hauraki Collective and individual Hauraki Iwi, have resulted in Forum meetings being suspended in the interim. The treaty claims processes are the highest priority for Hauraki Iwi and have proven to be resource intensive both in terms of personnel and time. The Treaty Settlements are expected to reach draft Deeds of Settlement in 2015, and the Forum is hopeful that when this point is reached the Forum will resume its regular meetings. 6 P a g e

9 The Forum is seen as a potentially valuable mechanism for furthering relationships. Treaty of Waitangi Settlements Hauraki Iwi are collectively and individually in the process of negotiating treaty settlements with the Crown; these processes have been underway for some time. A Hauraki framework agreement was agreed with the Crown in 2010, and this has set the process to be followed by the parties. Significant progress has been made on these settlement discussions and, although the various settlement negotiations are currently at different stages, it is expected that draft Deeds of Settlement will be achieved in It is highly likely that the Hauraki Collective Treaty Settlement Deed will include the establishment of a co-governance entity for the Waihou, Piako and Coromandel catchments and that Hauraki Iwi (including representatives of upper catchment Iwi), the Waikato Regional Council and the territorial authorities involved will be represented on this body. The purpose and role of this body will be finalised as part of the negotiation process. The Council expects to be involved, given that both the Piako and Waihou Rivers flow through the District and exit into the Firth of Thames. The Council is currently negotiating with local iwi and the Central Government Office of Treaty Settlements for the co-governance of one reserve in Waihi and one reserve in Kaiaua that will form part of the settlements for two individual iwi. The finalisation of these co-governance agreements will take place in 2015/16 and will involve the future co management of these sites Future Directions Memoranda of Partnership The Council has signalled in its levels of service that it wishes to continue to negotiate Memoranda of Partnerships with Hauraki Iwi and has signalled that it will be seeking such memoranda with Ngati Tara Tokanui and Ngaati Whanaunga. While a specific programme for the development of these Memoranda has not been set, the Council will be seeking to have negotiations with the relevant iwi authorities during the life of this Long Term Plan. Treaty Matters Following the treaty settlement processes, particularly those relating to the Hauraki Iwi, it is expected that new structures and initiatives encouraging collaboration and partnerships will evolve. Other than the joint co-governance body that is part of the current negotiations between the Crown and the Hauraki Collective, it is not known yet what these may be or what areas will be involved, but the Council is expecting to work with iwi in these as they evolve. 1.8 Community Outcomes and the Iwi Management activity The Community Outcomes aim to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses. They are drivers in the Asset and Activity Management Planning process and are closely linked to the Long Term Plan which states how the Council is currently contributing to the Outcomes at a group of activities or activity level. All of the Community Outcomes relate to the Iwi Management activity, but particularly the Kotahitanga Hauraki Community Outcome. Involvement is predominantly through: the Mana Whenua Forum, involvement in the Community Consultative Committee Water and Waste, progressing the Memoranda of Understandings held with iwi, and the relationships and collaboration through resource consent processes. 7 P a g e

10 Icon Community Outcome Kotahitanga Hauraki: We take a collaborative approach with both Mana Whenua and Tangata Whenua in our District. We advocate for forums which ensure involvement and consultation in decision making processes. We ensure appropriate regard is made to taonga and culturally significant matters. We encourage the development of partnerships for the delivery of services and programmes. Prepared Hauraki: We provide a range of services and facilities to meet our District's needs and expectations for a safe environment. We provide ongoing safe, well-managed and maintained core infrastructure. Our waste is collected, reduced, reused and recycled responsibly. We are organised and prepared to deal with natural hazards. Progress Hauraki: We have a positive climate that encourages balanced and sustained economic growth throughout our District. Our infrastructural services and facilities are planned and developed to meet future demand. We actively encourage new opportunities while continuing to support existing ventures and service providers. We encourage further development of tourism opportunities and facilities focusing on our heritage and eco-tourism. Interactive Hauraki: We are a proactive Council that provides leadership and communicates effectively with all sectors of our District. We advocate for the benefit of our District. We keep our District well-informed and ensure information is available. We consider our District's views when making decisions. Lifestyle Hauraki: We provide an environment that encourages vibrant communities and an enhanced quality of life. Our unique communities are protected while balancing the needs of alternative lifestyles. We are advocates for the provision of quality social, educational, health and training services. We encourage partnerships within the District for the delivery of services. Sustainable Hauraki: We plan for the wise use and management of all land and resources for the continued benefit of our District. Our natural and physical environments are sustainably managed. We have a shared respect for both economic growth and environmental protection. We support the protection of the District's significant natural habitats and ecosystems 8 P a g e

11 2 Levels of Service This section looks at the Levels of Service for the Iwi Liaison activity and how they are measured. The Council acknowledges its responsibility to: have ongoing consultation with Tangata Whenua / Mana Whenua / Maori consider options for capacity building of Tangata Whenua to better enable their participation in decision making processes. The Council has appointed a staff member who has responsibility for Maori Liaison, and in particular facilitating improved communication and understanding between the Council, staff and Maori by: ensuring compliance with legislative requirements as they apply to Maori involvement in local government processes focusing on relationship building and ongoing dialogue with the development of a Mana Whenua Forum, with representatives from the Council and all the iwi that hold Mana Whenua status in the District focusing on relationship building and the development of Memoranda of Partnerships between the Council and iwi groups that have Tangata Whenua status in the Hauraki District. providing advice to the Council on Maori issues and perspectives. 2.1 What are Levels of Service? The Council is dedicated to providing the levels of service that the current and future residents and ratepayers want and are willing to pay for. Levels of Service are written from a customer viewpoint to demonstrate outputs that the community expects from a Council activity. The performance of that service is monitored through performance measures. Determining levels of service involves understanding what customers want and what outcomes they seek, and in doing this the Council considers whether it is delivering the right Level of Service at the right cost. Some Levels of Service for the Iwi Management activity have specific legislative requirements, such as the consultative requirements of the Local Government Act, Other Levels of Service aim to ensure that the Council is providing opportunities for the Maori community. The Council s current Levels of Service for the Iwi Management activity are included in the Hauraki Long Term Plan and were developed based on legislative requirements, community feedback during the preparation of the Hauraki Community Plan, the triennial survey and other customer surveys and public submissions to plans, policies and strategies. The table below defines current Levels of Service being provided by the Iwi Management activity and identifies related performance measures, baselines and targets. The Council s Community Outcomes icons have been included in this table to demonstrate which Outcome is linked to which Level of Service. Community Outcomes Levels of Service Method of measurement Baseline Target Mana Whenua Forum meets regularly to provide for ongoing dialogue between the Council and Iwi groups who hold Mana Whenua status in the District. Measure: Forum will be arranged to meet four times per year. Council minutes No meetings held (2013/14) : four meetings of Forum held per year The Council will continue to develop its relationships with Tangata Whenua. 9 P a g e

12 Community Outcomes Levels of Service Measure: Additional Memoranda of Partnership agreements are developed. Method of measurement Number Agreements of Baseline Target No additional agreements (2013/14) : Develop Memoranda of Partnerships with Ngaati Whanaunga and Ngati Tara Tokanui Provide opportunities for Māori to be involved in Council decision making processes. Measure: The Council will consult with Tangata Whenua on all Council applications for wastewater and water consents. Reports to the Consultative Committee for Water and Waste Tangata whenua consulted on 100% of applications (2013/14) : Tangata Whenua will be consulted on all relevant applications for consents. 2.2 Possible future changes to Levels of Service Legislation is variable in terms of the Council s obligations to Maori. The references in legislation to Maori encompass the existing structures within which Maori participate in society in the broadest sense. While the legislation refers to Maori in some instances, practice has developed that ensures the structures and grouping within Maori are recognised in terms of their traditions, culture and relationships, and in terms of the environment and other taonga. Councils must ensure that these distinctions are appropriately acknowledged. References to Maori in legislation can and do include iwi holding Mana Whenua status (including national, regional and tribal iwi organisations) and hapu on a local basis. Levels of Service are established at a District level but must include the Levels of Service established by the legislative drivers. Changes to Levels of Service are driven by legislative change and changes to the Council s policies, strategies and processes. The treaty settlement processes being undertaken by the Office of Treaty Settlements and iwi within the Hauraki Collective (of tribes) are likely to empower a new co-governance entity for the Waihou, Piako and Coromandel catchments, consisting of representatives from local government and Hauraki iwi having Mana Whenua status in the area of those catchments. It is likely to be responsible for preparing and monitoring a catchment plan or catchment plans for these catchments This plan (or plans) will be integrated into regional and district planning documents via the Resource Management Act processes. Details of this co-governance entity will be finalised as part of the Collective Deed of Settlement. The Hauraki Collective (the mandated body formed by Hauraki Iwi to negotiate the Collective Hauraki claim) and the Crown, via the Office of Treaty Settlements, are now well advanced in progressing the treaty settlement negotiations and a draft Deed of Settlement is expected to be finalised in Concurrently with these negotiations, individual Hauraki Iwi and the Crown are negotiating settlements of the individual Iwi claims; the majority of these are expected to reach a draft Deed of Settlement in the same timeframe. Once the Deeds of Settlement with the Collective have been signed the next step is for the Crown to draft legislation to give effect to this Deed of Settlement. There will be financial implications for local government bodies which, until the treaty settlements are enacted, cannot be quantified. What is certain, is that the Council will have to meet its own costs in relation to the operational costs of the co-governance structure and there will certainly be a staff requirement to meet the Council s obligations. The Iwi Liaison Activity Management Plan will be updated once the treaty Ssttlements are in place and once the Council has: 10 P a g e

13 determined its approach to any new co-governance structure developed any new policy approaches as a result of the settlement reviewed any existing policies (including memoranda) as a result of the settlement. 11 P a g e

14 3 Programme of Action 3.1 Programmed actions for years one to ten ( ) The table below identifies the projects that the Iwi Liaison activity will commence or continue over the next ten years. It briefly describes each project, the staff member/s responsible for it, a timeframe and the Council s progress on this project (if applicable). Project Memoranda of Understanding Recommence Mana Whenua forum Description Staff member/s responsible Negotiate two further Memoranda of Understanding with iwi. Iwi Liaison Officer 1 July Once the Treaty Settlement negotiations have been finalised, recommence the Mana Whenua Forum. Iwi Liaison Officer Timetable Start Finish Current progress if applicable Following completion of the Hauraki Treaty Settlement process Ongoing Consultative Committee on Water and Waste District Plan Committee Post settlement governance This Council Standing Committee provides a forum for regular and ongoing consultation on water and wastewater issues currently facing the District with representation from special interest groups including iwi. Meet 4 times per year to facilitate open consultation on the issues of water and waste and make recommendations to the Council. Ensure Mana Whenua representation on any Committee established to review the District Plan, Plan Changes and variations. Participate fully as a member Council in the postsettlement governance that is to be established for the Waihou and Piako catchments along with the other member Councils and iwi. Management Team July 2015 Ongoing Manager Planning and Environmental Services Iwi Liaison Officer July 2015 Following completion of the Hauraki Treaty Settlement Ongoing Ongoing 12 P a g e

15 Memoranda of Understanding implementation Budget for the Council s financial commitments arising from the post-settlement governance structure. Ensure the implementation of the individual Memoranda of Understanding by ensuring consultation and dialogue with individual Memorandum partners meets the requirements of the Memorandum of Understanding at a minimum. Iwi Liaison Officer Chief Executive Officer / Iwi Liaison Officer process Following completion of the Hauraki Treaty Settlement process Ongoing 1 July 2015 Ongoing Maori representation Every six years, consider Maori representation on the Council. Meet the Council s statutory obligations and legislative requirements as per section 1.2 of this Plan. Electoral Officer October 2018 Electoral Officer 1 July 2015 October P a g e

16 3.2 Organisational consistency Throughout the organisation there are a number of other strategic documents that have actions directly applicable to the Iwi Liaison activity. Relevant strategy Economic Development Strategy Action Plan document? Arts and Culture Policy document Sustainability Policy document Action Liaise proactively with Maori. Provide for arts and culture initiatives in suitable policies and plans in an effort to work towards progressing community well-being and the Council s Community Outcomes. Work with individuals, groups and organisations (where appropriate) for the promotion and enhancement of local arts and culture in this District. Advocate for and support other suitable arts and culture schemes from time to time. Advocate (when appropriate) on behalf of local individuals, groups and organisations that seek funding for arts and culture initiatives from local, regional and national agencies. Support the development and maintenance of arts and culture, as it recognises that arts and cultural activities and services contribute to the distinctiveness and local identity of this District and the communities within it. Recognise the special status of the arts and culture to Maori. Identify arts and culture as key drivers in attracting more visitors to the Hauraki District and in turn increasing local visitor spending. Recognise the importance of preserving appropriate historical aspects of arts and culture as they are valuable elements of local heritage. The Council will honour the principles of the Treaty of Waitangi and encourage Maori participation through active engagement. The Council will also actively seek guidance on kaitiakitanga from Tangata Whenua as it considers this method of sustainability to be culturally appropriate and significant for the protection of all taonga. The Council will continue to ensure that local Maori/iwi are on their list of targeted stakeholders for policy work. Council staff will work with local iwi to become better informed about the principles of kaitiakitanga. Options for doing this and permission from Tangata Whenua are to be sought as part of this action. Role Economic Development Project Officer Strategic Planning, Local iwi Resource Management Implementation and Policy Development Start date End date 14 P a g e

17 Relevant strategy Consultation Policy document Domestic Violence Policy document Action The Council will encourage people who may be affected by, or have an interest in, a matter to present their views to the Council. The Council will provide people who may be affected by, or have an interest in, a matter with relevant information about that matter, including the purpose of the consultation and the scope of the decisions to be taken following consideration of the views presented to the decision-maker. When making a decision, the Council must give consideration to the views and preferences of people who have presented their views on the matter. When the Council makes a decision on a matter it will inform the people involved in the consultation process and provide them with the reasoning that lead to the decision being made. The Council will make relevant information available to Maori and provide opportunity for Maori to contribute to decision making. The Council will also consider, and where appropriate implement, ways to foster the development of Maori capacity to contribute to its decision making processes. The Council will develop and/or strengthen relationships with agencies that deal specifically with Maori domestic violence issues. Role teams Resource Management Implementation and Policy Development teams Strategic Planning team Elected Members Strategic Planning team All Start date End date 15 P a g e

18 4 Demand Management This section looks at the key drivers of demand and how the Council manages demand Drivers of Demand Best practice: As best practice evolves, future demand may increase or decrease. The Council may change the way it participates in the activity based on advice from Central or Local Government, the Office of Treaty Settlements, the Waikato Regional Council or other statutory bodies with obligations in this area. This may result in an increase or decrease in staff workload. Demand management: The Council will monitor what other local authorities are doing and keep up with updates from SOLGM and Local Government NZ. Community expectations: An increase in iwi resourcing and expectations could increase pressure on Council staff and resources. Demand management: This is monitored through Memoranda of Understanding, co-governance structures and the Mana Whenua Forum. Iwi/Council co-governance of named reserves as a result of treaty settlements. It is likely that treaty settlements with individual Hauraki iwi may include the establishment of one or more cogovernance bodies to manage and administer specific reserves that iwi have an interest in. Demand Management: As such reserves are identified and co-governance structures are agreed, the Council will then need to agree with the iwi groups/s on how the co-governance structure will be resourced and what its goals and objectives are. This will probably be different for each structure established. Council Elections: Every three years, the local government elections take place. The next election cycle for local government is in In undertaking its review of iwi representation the Council may resolve that iwi have representation at the Council table. There may also be some alterations driven by changes in elected membership that may impact on some of the work programme of the Iwi Liaison activity. Demand management: The three yearly election cycle may result in changes in policy direction. The six yearly review of representation may also result in changes to the makeup of Council to include iwi representation. Legislation: Changes made to legislation as well as the enactment of new legislation can result in the Council having new or different policy and planning responsibilities involving iwi, Tangata Whenua and Maori. The Council will have to amend its policies to accommodate new or changed requirements. Demand management: The Council will monitor new Bills as they are introduced to Parliament and Acts as they are amended. Population demographics: Hauraki District has a higher percentage of Maori population than New Zealand as a whole, at 21% and 14.9% respectively. Demand management: The Council will monitor population demographics via the National Census which takes place every five years. The next census is due in Post-settlement developments: At present, a significant number of treaty settlement negotiations are in progress and many of the settlements reached make provision for post-settlement governance structures covering a wide range of activities, with a particular emphasis on the relationship of Maori to land and water, and culture and 16 P a g e

19 traditions, including ancestral land, specific sites, Waahi Tapu, and other taonga. Treaty claims have also encompassed broader spectrum matters such as the radio spectrum and other natural resources and social and educational structures. Any or all of these matters could involve local government on a national, regional or local level. Demand Management: The Council will monitor the treaty settlement process and the treaty claim processes and any legislative changes as a result of these. Land ownership: The treaty settlement processes are now resulting in Maori/iwi becoming major land owners within territorial authorities and regional councils. It can be expected that the world view of Maori/iwi will be applied to their land holdings and investments. Demand Management: Local government will need to develop their relationships with iwi as land owners/investors to work with the aspirations that these groups will have. 17 P a g e

20 5 Financial Summary This section contains the financial and funding information for the Iwi Liaison activity. 5.1 What is the cost of operating the Iwi Liaison activity? Breakdown of expenditure The table below shows a breakdown of the forecast operating expenditure and revenue for the Iwi Liaison activity over the next ten years. A budget has been provided, followed by forecast figures for the first three years of this Plan and then a combined forecast figure of the last seven years of this Plan. Budget $000s Forecast $000s Forecast $000s Forecast $000s Forecast $000s Operating expenditure Iwi Total Operating Revenue Fees and charges External subsidies Targeted rates General rates Total Operating surplus/deficit (difference between operating expenditure and revenue) Total 3 (deficit) -) As Council obligations and responsibilities for Maori participation in local government decision making and governance become clearer, the Council will be required to address the level of resourcing and funding that it commits to these. 18 P a g e

21 5.2 What are the key assumptions made in financial forecasts? Below is a table that identifies the key assumptions made for the Iwi Liaison activity. The table also indicates the risk associated with the assumptions and the level of certainty. Forecasting Assumptions - General Population growth The population of the District will remain stable during the life of the Hauraki Long Term Plan. Levels of Service It is assumed that demand for Council services, and community expectations regarding the levels of service that the Council provides, will not significantly change. Range of services The Council s current range of services will remain unchanged. Risk That population growth is higher than anticipated, caused by an increase in births, a decrease in deaths, or a change in migration. That population growth is higher than anticipated due to other outside influences which could include growth in economic development opportunities. That population growth is lower than projected, caused by increased deaths, decreased births or net migration. That there are significant changes in the community s demands for levels of service. That Central Government will allocate responsibility for additional services to local government. Level Uncertainty Low Medium Low of Reasons and Financial Effect of Uncertainty Population projections have been based on historic trends seen in the Hauraki District and rating unit growth research. The financial effect would be as outlined below. There are non-demographic factors (active economic development programmes, rezoning of land, possible land use changes) that may have an influence on the future projected population of some Wards and/or settlements. These would take a number of years to significantly affect growth. In addition, the trend towards commuting could see increased migration into the District. The financial effect would be the need for more infrastructure, to be paid for by increased rates. There is a chance that the assumptions used to project births, deaths and migration may be incorrect. Should the population decline, this may have an effect on income for the Council. The financial effect would likely mean a rise in rates due to a smaller number of rateable units. Low The Council undertook a significant review of its levels of service as part of the Long Term Council Community Plan processes. There was a thorough consultation process involved, and therefore the Council believes it has determined to its best ability the wishes of its community. There has been no indication through annual satisfaction surveys of any demand for change. Nor has any demand for change been apparent through Hauraki Long Term Plan or Annual Plan processes. Medium Since the 1989 reforms, councils have been required to undertake additional services, some of which had previously been operated by Central Government. 19 P a g e

22 Forecasting Assumptions - General Risk Level Uncertainty of Reasons and Financial Effect of Uncertainty In recent times Central Government has been handing more social responsibility issues to councils, for example gambling and drug and alcohol policies. This is expected to be a trend that continues. That Central Government will reduce the range of services required to be carried out by the Council through legislation. Low The financial effect of these types of Central Government delegations are hard to determine, but could be significant to the Council in terms of policy development and licensing processes. Resource Consents Conditions of resource consents held by the Council will not be altered significantly. National Environmental Standards (NES) National Environmental Standards will continue to be drafted and adopted by Central Government. That conditions of resource consents are altered significantly when being renewed. That sections of the reviewed District Plan will need amending in the short term and on an ongoing basis. That amendments will be required to the Council s other planning documents. Low Low Low Central Government s current trend is to increase rather than decrease services required to be performed by the Council. It is unlikely that this will change over the life of the Hauraki Long Term Plan. Although there are increasing community expectations regarding the environmental performance of Council facilities, Waikato Regional Council is aware of the significant costs involved with upgrading infrastructure and has agreed to provide advanced warning of likely changes. Resource consents are normally granted for long periods (e.g. 20 years) and are usually anticipated well in advance. Although some impacts may be significant in the longer term, financial effects are difficult to predict. There are likely to be significant time and cost implications for having to carry out reviews of the relevant District Plan sections, and to carry out Plan changes and other amendments as necessary, in terms of staff time/cost, public consultation, and administration support. The time and cost will depend on the number of NES adopted and their content. National Policy Statements (NPS) National Policy That additional responsibilities will be allocated to councils. That sections of the reviewed District Plan will need amending in the short Medium Low It is difficult to predict with any certainty the additional responsibilities likely to be allocated to councils pending the adoptions of new NESs. The financial effect could be the cost of additional staff or implementation of new Standards. There are likely to be significant time and cost implications for having to carry out reviews of the 20 P a g e

23 Forecasting Assumptions - General Statemements will continue to be drafted and adopted by Central Government. Method of service delivery Services will continue to be delivered at the same cost (inflationadjusted). Risk term and on an ongoing basis. That amendments will be required to the Council s other planning documents. That additional responsibilities will be allocated to councils. That the service may not be able to be delivered in the same manner, which could impact the cost of providing the same level of service. Level Uncertainty Low Medium Low of Reasons and Financial Effect of Uncertainty relevant District Plan sections, and carry out Plan changes and other amendments as necessary, in terms of staff time/cost, public consultation, and administration support. The time and cost will depend on the number of NPS adopted and their content. It is difficult to predict with any certainty the additional responsibilities likely to be allocated to councils pending the adoptions of new NPS. The financial effect would be the cost of additional staff. External influences may impact upon the way/method that a level of service is delivered (for example a skilled labour shortage or staff turnover). Alternatively a more efficient method of delivering the same level of service may become available. That costs are increased significantly by commodity prices or economic conditions such as recession. Low/Medium If the cost to provide the level of service was to change significantly, the Council would then review the timing and amount of work programmed and undertaken. The financial effect is difficult to predict, however the Council has made an allowance for costs escalation and inflation. Waihou and Piako River Catchments Post treaty settlement Co-Governance entity It is expected that the Hauraki Collective Treaty Settlement Deed will include provision for a cogovernance entity responsible for developing a strategic vision and direction for water issues in the Waihou and Piako River catchments. That services are centralised and no longer operated by the Council. That the Settlement Deed does not provide for this. That the Treaty Settlement provides for a wide ranging role for this co-governance entity. Medium Low Medium There is continued debate within Government on local government re-organisation. This debate centres on merging smaller councils and the possibility of Unitary Authorities. Although this is a medium risk, it is unlikely to happen within the next three years. The financial effect could potentially bring savings to the community due to increased purchasing power. The Council will need to make additional funding commitments to allow it deal with five separate Iwi on catchment issues. The Council would need to make additional funding commitments to meet its share of the cogovernance costs and there may be additional policy/service delivery costs over time. Sustainability The Council will act in a That the Council does not act in a sustainable Low In performing its role the Council must take a sustainable 21 P a g e

24 Forecasting Assumptions - General sustainable way when making decisions on major assets and activities. Risk manner when making decisions. Level Uncertainty of Reasons and Financial Effect of Uncertainty development approach as prescribed by the Local Government Act, That in the course of choosing sustainable options, costs incurred are greater. Medium It is unlikely that this will change as a result of amendments to the Act. If it were to change the financial effect would be hard to judge until the change was known. Often, when considering options for asset or infrastructural work, an analysis of impacts will require an alternative and more expensive solution to ensure mitigation of matters such as environmental effects. This can often end up being a more expensive option for the Council but necessary to meet the needs of future generations. 22 P a g e

25 6 Standards, Guidelines and Legislation This section outlines the key pieces of legislation and Council policies and bylaws which influence the Iwi Liaison activity. 6.1 Legislative requirements The following table identifies key pieces of legislation and standards that need to be considered by the Council for the Iwi Liaison activity. The table also summarises how the legislation relates to the Council. Key legislation Civil Defence Emergency Management Act, 2002 Conservation Act, 1987 Heritage New Zealand Pouhere Taonga Act, 2014 Local Electoral Act, 2001 Local Government Act, 1974 Local Government Act, 2002 Local Government Official Information and Meetings Act, 1987 Summary of legislation The Civil Defence Emergency Act, 2002 provides for the establishment of local civil defence management groups which are responsible for identifying, assessing and managing risk associated with civil defence emergencies. These groups are required to develop their own civil defence emergency management plans which must be consistent with any national civil defence strategies and plans. This Act also provides for local authorities to consult and communicate with the community about any risk and how this risk is being managed. The purpose of the Conservation Act, 1987 is to promote the conservation of New Zealand s natural and historic resources. To achieve this purpose the Act establishes the Department of Conservation (DoC) and outlines its functions. The Act also defines conservation areas. The Council works closely with DoC regarding the management of conservation areas that are within or adjoining this District. The purpose of the Heritage New Zealand Pouhere Taonga Act, 2014 is to promote the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. The Act establishes and defines the functions of Heritage New Zealand. The Council has some responsibilities to identify and protect historic sites/buildings in the District. The Local Electoral Act, 2001 sets out the rights of local voters, procedures for the conduct of local elections and options for the local electoral systems. The Local Government Act, 1974 was the main piece of legislation defining the powers and responsibilities of local government. It was largely replaced by the Local Government Act, 2002 although some of the parts of the 1974 Act continue to be in force. The Local Government Act, 2002 (LGA) is the main piece of legislation that defines the functions, powers and duties of local government. The LGA promotes transparency and accountability of local government to communities. It provides for local government to take a sustainable approach to development, taking into consideration social, economic, environmental and cultural wellbeing and ensuring the needs of the current generation are met without compromising the ability of future generations to meet their needs. The LGA requires local authorities to develop and review Long Term Plans, Annual Plans, Annual Reports and a number of other polices and plans. The purpose of the Local Government Official Information and Meetings Act, 1987 (LGOIMA) is to promote openness, transparency and accountability in local government. The LGOIMA provides for information held by a local authority to be made available to the public except when the information can be withheld 23 P a g e