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- The Health Research Council has published the recipients of the 2020 Māori Health Career Development Awards and the Māori Health Research Summer Studentship. We have listed these people below.
|2020 Māori Health Career Development Awards|
|Dr Aria Graham
|Māmā e Mamia – piloting a marae-based wellbeing model for pēpi and māmā Māori||$328,000|
|Te Wai Barbarich-Unasa||Whakamana te reo a ngā rangatahi ki roto i nga tautuhinga hauora||$127,000|
|Strategies to improve Māori recruitment and retention into nursing||$127,000
|Lisa Kremer||Microdrop administration of phenylephrine and cyclopentolate in neonates||$74,900|
|Georgia McCarty,||Hauora Rangatahi Māori: Appropriateness and acceptability of health measures||$135,000
|Dr Tepora Emery||He Toa Taumata Rau – The many resting places of courage||$10,000|
|Carmen Timu-Parata,||Breastfeeding support for whānau Māori: The Northland experience||$10,000
|2020 Māori Health Research Summer Studentship|
|Hazel Gilbert||Māori women and methamphetamine addiction in pregnancy: A literature review||$5,000|
|Julia Law||Student health professionals’ understanding of tāngata whaikaha Māori concepts||$5,000|
|Māori women and cervical screening: A Kaupapa Māori literature review||$5,000|
|Denver Ruwhiu||Conflicts of professionalism in medical curricula with Māori tīkanga and values||$5,000|
|Rian Sanerive||Use of online technology for effective wellness and exercise programme delivery||$5,000|
|Ben Shine||Positive youth development in Māori youth through an adventure education programme||$5,000|
- Hone Sadler has reportedly stood down as the chair of Tūhoronuku. (Tūhoronuku is the Treaty settlement trust of Ngāpuhi; which the present Minister, Andrew Little, has indicated does not have a clear mandate to proceed with settlement processes in its current form). The resignation is said to have occurred some weeks back, and appears to have followed the sudden resignation of Sonny Tau from the Chair of Te Rūnanga a Iwi o Ngāpuhi last month. No public explanations have been given for this. Mr James Clyde is the new chair of Tūhoronuku.
- This week the Royal Commission of Inquiry into Abuse in Care commenced public hearings. We advise the inquiry will consider “the nature and extent of abuse that occurred in state care and faith based institutes (between 1950 and 1999), what its immediate and long term impacts were, the factors (including systemic factors) which may have caused or contributed to it, and lessons to be learned from the past.” A key focus remains on understanding any differential impacts of abuse in state care for Māori. We note Mr Moana Jackson has been giving evidence on the impact of colonisation on fostering conditions for the abuse of Māori children in care.
- The Waitangi Tribunal has granted an urgent hearing into child uplift policy at Oranga Tamariki . This follows significant Māori concern around the policy, sparked from an uplift attempt in Hastings in March. The claim was lodged by Dr Rawiri Waretini-Karena, Dr Jane Alison Green, and Kerri Nuku. Amongst other items they claim that the Crown has breached the principles of the Treaty of Waitangi by failing to protect Māori from the increasing and disproportionate rates of Māori children taken into state care and failing to take reasonable steps to address the institutional racism. Meanwhile, the whānau of the baby involved that sparked the concerns has refused to participate in an internal review of the matter, indicating a lack of trust in Oranga Tamariki. (We consider that without their participation a reasonable review process would be near impossible.) Pānui 21/2019 and 27/2019 refer.
- On Tuesday the Minister for Regional Economic Development, Shane Jones, announced that three Parihaka Pa Marae will be upgraded to high speed broadband via the Māori Digital Connectivity programme which is funded by the Provincial Growth Fund (PGF).
- On Monday Te Pūtake o te Riri, He Rā Maumahara, a commemoration of the New Zealand wars and conflicts between Māori and the Crown, were held in Waitara.
- Independent Commissioners have granted the Wellington Company resource consent for a housing and commercial development at Shelly Bay, Wellington. Several groups have been opposed to the development including a group called Mau Whenua, who consider that their Trust board, the Port Nicholson Block Settlement Trust, was wrong to sell their land for the development, without explicit iwi consent. They continue to seek legal remedy to overturn the land sales.
- On Wednesday the National Party held a launch for their Social Services Discussion Document, called the Social Services Discussion Document. The 56-page document outlines the National Party’s proposals on several social issues along with proposed approaches they will introduce if they win the 2020 general election. Issues raised included a review of Whānau ora, reintroducing some of the benefit sanctions which were removed by the current Government, and “cracking down hard” on gangs. They suggest welfare payments could be withheld from gang members if found to be receiving other illegal income. As this is a proposal (and not National Party policy) we have not reviewed this material in full.
Appointments and Awards
- Debbie Ngarewa-Packer (Ngāti Ruanui, Ngā Ruahine, Ngā Rauru) has been selected to stand for the Māori Party in the Te Tai Hauāuru electoral seat, 2020 General Election.
- Dr Matt Roskruge (Te Ātiawa, Ngāti Tama, Ngāti Rārua) Te Au Rangahau has been awarded a Rutherford Discovery Fellowship for research entitled ‘The economics of social capital from a Māori perspective’. The fellowship fund is circa $800,000 over five years.
- On Tuesday the first reading of the Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Bill was completed in Parliament and referred to the Māori Affairs Select Committee. The purpose of this bill is to simplify Māori Land Court processes including the process for Māori land succession. Submissions close 28 November 2019. Refer to Pānui edition 24/2019 for background on this bill.
General News Items
- Last Thursday Mr Sonny Tau resigned as the chairman of Te Rūnanga ā iwi o Ngāpuhi which had immediate effect. We advise that Mr Tau was successfully re-elected to the Rūnanga in August. Reasons for the resignation are not given although in the public statement, Chief Executive Lorraine Toki states, “any pending investigations into allegations lay solely with the police and is official business which we are not a part of, therefore we have no further comment to make at this time.”
- The ‘Tuia – Encounters 250’ commemoration is now underway, with the replica of the Endeavour now sailing around Aotearoa New Zealand with other vessels (including waka haurua). The Ministry of Culture and Heritage describes Tuia – Encounters 250 as events which “celebrates Aotearoa New Zealand’s Pacific voyaging heritage and acknowledges the first onshore encounters between Māori and Pākehā in 1769–70”. However, some iwi groups have not welcomed the commemorative activity in their rohe, and there has also been some Māori protest and petition against the commemorations (on the basis that the Endeavour’s first encounters were harmful to Māori.) We note earlier this month the British High Commissioner, Laura Clarke, met with iwi leaders from the Tūranganui-A-Kiwa region (Rongowhakaata, Ngāi Tāmanuhiri, Te Aitanga a-Māhaki, and Ngāti Oneone) to express regret on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland for the deaths of nine iwi members killed during the first encounters with the crew of the ship Endeavour, captained by Lieutenant James Cook.
- FOMA Innovation and the Science for Technological Innovation (SfTI) have entered into a partnership to increase the capacity for FOMA ‘s members in the areas of physical sciences, technologies and engineering, in September. FOMA Innovation is centred on providing leadership in sciences for the benefit of FOMA members. Key foci include: regenerative food production, tech incubation and acceleration, solutions lab, biosphere and rangatahi support.
Whangaparaoa Māori Lands Trust and EBOP Dairy have joined a Māori Agribusiness Extension (MABx) with the Ministry for Primary Industries. The purpose of MABx is to provide shared group learning opportunities and explore sustainable system changes for participating collectives.
 The Federation of Māori Authorities (FOMA) formed FOMA Innovation last month.
 (a cluster of ten Māori land organisations)
 a cluster of five Māori dairy farms located between Torere and Whangaparaoa
- On Tuesday the Ngāti Hinerangi Claims Settlement Bill was introduced in Parliament. This Bill provides for financial redress of $8.1 million, the return of 14 sites of cultural significance, a cultural revitalisation fund, and five commercial properties.
- On Thursday the first reading of Te Pire kia Unuhia te Hara kai Runga i a Rua Kēnana / Rua Kēnana Pardon Bill, was completed in Parliament. This Bill recognises and addresses the crimes against the Tūhoe prophet, Rua Kēnana, and his community of Maungapōhatu. In 1916 Rua was arrested and charged with sedition, and although he was found not guilty, he was still imprisoned for over eighteen months for resisting arrest. A statutory pardon is being considered.
Appointments and Awards
- Antoine Coffin (Ngaiterangi, Ngāti Ranginui, Raukawa) has been appointed to the Resource Management Review Panel. The panel will advise Government on the Resource Management Act and matters concerning freshwater, urban environment, waste and hazardous substances.
- Topia Rameka (Ngāti Tūwharetoa) has been appointed as the inaugural Deputy Chief Executive – Māori for Ara Poutama Aotearoa – Department of Corrections.
- Hayden Wano (Te Atiawa, Taranaki, Ngāti Awa) has been appointed to and named chair of the Initial Mental Health and Wellbeing Commission.
- Dr Julie Wharewera-Mika (Ngāti Awa, Ngāi Tuhoe, Te Whānau-a-Apanui) has been appointed a member of the Initial Mental Health and Wellbeing Commission.
- On Wednesday the Prime Ministers’ Education Excellence Awards were held in Wellington. Award winners included Te Kōhanga Reo ki Rotokawa, Excellence in Teaching and Learning and Te Kura Kaupapa Māori o Hoani Waititi Marae, 2019 Focus Prize.
General News Items
- This week Snap Reo, an online micro Te Reo learning programme, was launched. Snap Reo is funded by Te Māngai Pāho.
- This week the Financial Markets Authority and Institute of Directors published ‘Ngā Mea Waiwai o te Tūranga Whakataka’ a Te Reo version of ‘The Essentials of Being a Director’. The resource is a guidebook for directors, and Traci Haupapa, Chair of the Federation of Māori Authorities (FoMA), notes it shows an increased commitment to diversity and inclusivity from the Authority. https://www.fma.govt.nz/assets/Guidance/IoD-FMA-Director-Essentials-in-Maori.pdf
- On Tuesday the Government conjointly released ‘Every Life Matters, Suicide Prevention Strategy 2019 – 2029’ and an ‘Action Plan 2019 – 2024’. Prime Minister Jacinda Ardern and the Minister for Health, Dr David Clark, also announced that a designated Suicide Prevention Office will be established along with the establishment of a Māori Advisory group and Lived Experience group. This is a significant announcement as the Māori suicide rate is 28.2 per 100,000 tangata compared to the New Zealand overall rate of 13.9 per 100,000 people.
- On Thursday Prime Minister Ardern and Minister Clark also released the draft terms of reference for the Initial Mental Health and Wellbeing Commission. The Commission will provide independent scrutiny of the Government’s progress in improving New Zealand’s mental health and wellbeing, promote collaboration between entities that contribute to mental health and wellbeing, and develop advice and a framework for the permanent Mental Health and Wellbeing Commission.
- On Thursday Prime Minister Ardern also announced that the National School Curriculum is to be updated to make explicit the expectation of content taught within the New Zealand’s history curriculum. The changes will take effect for all schools and kura, years 1 – 10, in early 2022. Currently the National Curriculum enables schools and kura to decide how New Zealand history is covered. It is expected that the new curriculum will cover the following topics:
- arrival of Māori to Aotearoa New Zealand;
- first encounters and early colonial history;
- Te Tiriti o Waitangi / Treaty of Waitangi and its history;
- colonisation of, and immigration to, Aotearoa New Zealand, including the New Zealand Wars;
- evolving national identity of Aotearoa New Zealand in the late 19th and early 20th centuries;
- Aotearoa New Zealand’s role in the Pacific; and
- Aotearoa New Zealand in the late 20th century and evolution of a national identity with cultural plurality.
- This week Port Nicholson Block Settlement Trust opened a show home for the trust’s Te Puna Wai Papakāinga Housing Project, in Wainuiomata. Te Puna Wai is a mixed tenure housing development that will be completed over two stages. The trust has received from Te Puni Kōkiri a $2.6 million investment grant to support infrastructure costs for 23 housing sites, and the construction of 11 kaumātua rental homes. The trust plans to build 80 dwellings in total.
- This week the Ministry for the Environment commenced a series of public consultation and feedback hui on freshwater issues, productive land, urban environment, waste and hazardous substances management. Consultation for the various issues closes late September to mid-October 2019. Dates and locations for upcoming Māori specific hui are listed in the table below.
|16 September||Blenheim||10:30am – 1:30pm||Scenic Hotel|
|17 September||Tauranga||9.00am – 12.00pm||Hotel Armitage|
|18 September||Greymouth||12.00pm – 3.00pm||Ashley Hotel|
|18 September||Whakatāne||9.00am – 12.00pm||Manukatutahi Marae|
|19 September||Rotorua||12:00pm – 3:00pm||Te Ao Marama|
|23 September||Gisborne||11:30am – 2:30pm||Emerald Hotel|
|24 September||Wairoa||10:30am – 1:30pm||To be confirmed|
|24 September||Hamilton||11.00am – 2.00pm||Hamilton Gardens Pavillion|
|25 September||Napier||1.00pm – 4.00pm||East Pier Hotel|
|25 September||Auckland||12:30pm – 3:30pm||Potters Park Events Centre|
|26 September||Whangarei||10:30am – 1:30pm||To be confirmed|
|27 September||Kaitaia||10:30am – 1:30pm||To be confirmed|
- On Wednesday the Minister of Housing, Megan Wood, announced changes to the Government’s Kiwibuild programme, which is a policy initiative designed to increase housing affordability for low and middle income first home buyers. One of the main changes is a ‘Progressive Home Ownership Scheme’, via either rent-to-own or shared equity ownership models. (Both approaches are thought to reduce the deposit burden required by whānau to enter the housing market.) 
The shared equity concept may allow for third-parties – potentially iwi entities – to co-own a home with a whānau, until the whānau can afford to purchase outright. This concept has potential to increase Māori home ownership, and better position iwi/Māori entities in housing provision. However, no substantive details on how it might work have been provided as yet. (We also note no new funds are attached, just the redevelopment of existing housing funding.) Overall, given housing was a major policy platform for this Government, it is difficult to see much gain as yet and the lack of practical details does not instil policy confidence.
[Important background context: Housing is one of two policy levers that has high tractability (social change potential), because of the flow-on effects to other socio-economic outcomes – i.e. better education and health outcomes are directly linked to housing quality and stability. (School participation, for example, is easy and more consistent if children are not moving between multiple rental properties.) Moreover, better economic outcomes are also linked to home ownership: in short, home ownership allows for the investment of income into an asset (the house), rather than the expenditure of income on rent. This can lead to inter-generational wealth changes. For these reasons housing outcomes matter to Māori, but Statistics NZ research shows that the (age adjusted) Māori individual home ownership rate is 35% (and falling). Ultimately most Māori adults and children now live in rental properties – opposite to the non-Māori population. This is one of the key socio-economic differences between Māori and non-Māori. (Pānui 19/2016 refers.)]
- On Monday the Ministry of Business, Innovation and Employment released a 1-page infographic on labour market publication entitled ‘Labour Market Statistics Snapshot to June 2019’. This brings together already published Statistics NZ information and other data. The Māori labour markets statistics presented are:
- Ranginui 12 Trust has been granted a $2.8 million investment from Te Puni Kōkiri for the development of a nine home papakāinga in Tauranga. The total cost of the development is circa $4.8 million.
- This week the Minister of Education, Chris Hipkins, announced details for the ‘opt-in-donations’ scheme. Up to 1,700 decile 1-7 schools will be given the opportunity to receive additional funding of $150 per student, if they join the scheme, and forfeit the right to seek ‘activity fees’/donations from parents/whānau. The purpose of the funding is to reduce the financial burden of schooling on low income whānau and families. We expect this will be positive outcome for many Māori whānau.
- Today the Minister for Land Information, Eugenie Sage, announced that the Central North Island township of Bennydale will now be officially known by the dual name Maniaiti / Benneydale and the main railway line between Te Awamutu and Taumarunui, is now named ‘Te Ara-o-Tūrongo’ The name changes were initiated by Ngāti Maniapoto.
- On Monday the Associate Minister of Education, Kelvin Davis, announced the launch of Te Mataaho-ā-Iwi: Iwi Education Profiles Dashboard. Te Mataaho-ā-Iwi is an online tool which provides data for Māori Learners including the learners’ iwi affiliation. We are presently reviewing the usefulness of this tool and will advise further if appropriate.
- On Wednesday the Associate Minister of Education, Kelvin Davis, launched Kauwhata Reo, an online hub for Te Reo Māori resources. https://kauwhatareo.govt.nz/
- This week a prominent Māori Northland doctor, Dr Lance O’Sullivan, called for the Government to make the immunisation of children compulsory and to impose sanctions on caregivers (such as reducing benefit payments) for those who chose not to have their children in the vaccination programme. The Associate Minister of Health, Julie Anne Genter, debunked that as a policy platform, noting that children should not be punished for the actions of their parents. We are not aware of any evidence to support Dr O’Sullivan’s proposal that sanctions on those receiving state support may increase immunisation rates.
[We note the Ministry of Health’s Director of Public Health, Dr Caroline McElnay, advises immunisation is the best way to protect against getting measles. Measles (MMR) vaccination is free to everyone under the age of 50 and is said to be 99 percent effective after two doses.]
 Other changes related to minium deposite thresholds. The annoucement can be viewed here: https://www.beehive.govt.nz/release/kiwibuild-reset-reduces-deposit-needed-buy-first-home
 We provide a fuller analysis of unemployment and related data as Statistics NZ releases it. Refer Pānui x/2019.
Waitangi Tribunal Freshwater Report
In regard to the Waitangi Tribunal Report on freshwater, while there are many aspects within this inquiry, its genesis comes from a simple question as to who owns water, and then subsequently who can make decisions about it use. e. does the Treaty guarantee freshwater rights to Māori, and do or should Māori have ownership over their traditional bodies of water?
By way of succinct background, these types of questions were first put to the Tribunal in 2012, in a claim lodged by the New Zealand Māori Council and five hapū groups. (This was, in part, prompted by a pre-election announcement from the National Party that if re-elected they would partially sell State energy companies via share floats). To tackle the claims the Waitangi Tribunal divided its inquiry into two stages, with the first (urgent) stage heard in August that year, which was limited to considering whether the proposed share sales affected any Māori water rights.
During this first hearing the claimants asserted that Māori interests in freshwater existed in 1840 and had never been extinguished. The Crown – not being able to demonstrate a fair process for the extinguishing of Māori freshwater rights had occurred – instead contended that “no-one owns water”, but that some specific and localised Māori water rights could still exist, if proven.
[By-in-by the Crown also argued that selling parts of State assets was irrelevant to any such future discussions on water ownership. The New Zealand Māori Council continued to legally challenge that aspect as well, until March 2013, when ultimately the Supreme Court ruled against them on that, closing all legal avenues. The Supreme Court found partial privatisation “will not impair to a material extent the Crown’s ability to remedy any Treaty breach in respect of Māori interests in water”. ]
However, the Tribunal found the overall Treaty claim itself was genuine, and that Māori “proprietary rights” over bodies of water were assured under the Treaty of Waitangi, with the closest English equivalent in 1840 being “ownership”, and the closest modern-day equivalent being “residual property rights”. Putting this another way, in 2012 through this hearing, the claimants, the Crown and the Tribunal all agreed that there may still be some Māori proprietary rights in relation to freshwater. We note the Iwi Leaders Group did not readily engage in the process at that time (they were instead working with the Government to negotiate policy reforms).
In addition, however, the Tribunal also noted that some Māori water rights may have been ceded in legitimate ways since 1840, or through Treaty breaches, or may still be in active existence – but such findings would not be clear until stage two of the inquiry was completed. So it is these specifics – exactly what water rights might exist – and what breaches might have occurred, which were supposed to be the focus of stage two of the WAI 2358 inquiry.
We advise, however, the report released yesterday – i.e. the long-awaited stage two report – does not directly answer the question at hand around any existing Māori proprietary rights over bodies of water, or geothermal energy. Nor does it set out a framework for making such determinations. Instead, on that central matter at the very end of the report – on page 564 – the Tribunal gives just a couple of sentences advising that determining if Māori residual property rights still exist over freshwater, i.e. native title in common law, is something other Courts should determine.
The Tribunal suggests that because their remit is only to make recommendations, a test case should be brought to another Court to decide the matter. So to that end the Waitangi Tribunal, although stating that they agree there is likely to be some Māori common law water rights, and they think the Crown should recognise some Māori water rights, ultimately decide they are not in the best position to resolve this Crown/Māori dilemma, and that others should sort it out instead.
In our view this is a real let down, as it seems to us the whole purpose of having a Waitangi Tribunal is for Māori to have a means to have grievances heard and then addressed outside of standard Court proceedings. It is because of this sidestep that we rate this report as marginal. Rather than eight years of time, thousands of pages of submissions, and a 500 page plus report; in our view the Tribunal ought to have just declared that it considered it had no mandate to determine water ownership issues much earlier – and it probably could have done than in a paragraph.
That is, however if the Tribunal genuinely has no mandate. We are somewhat sceptical on that point, as although the rationale that “our (Waitangi Tribunal) jurisdiction is recommendations only” is correct, that outcome restriction does not constrain findings from being made – and further, we note it has not previously prohibited the Tribunal from determining taonga / ownership status. For example, the Tribunal formed a view on radio wave status in an earlier report (finding Māori interests existed). Because of this the Tribunal has not convinced us that it could not form more solid findings on ownership interests of freshwater, leading us to conclude that a review of the operations and legislative settings for this Tribunal may now be required.
Notwithstanding the above, our review (attached) summarises what the Tribunal has decided it can comment on at this time – essentially two items: the Resource Management Act (RMA) as it relates to freshwater, and second Government policy reforms centred on freshwater – including the quality of engagements with Māori, between 2002 and 2017.
Also note after a submission from the Crown, in 2016 the Tribunal decided to remove geothermal energy considerations from this second stage inquiry and to deal with that later. However, no details on when or what have been released by the Tribunal to follow-up on that decision regarding geothermal resources.
[By-in-by, one of the reasons the Tribunal’s report is so long is that despite being a contemporary report it contains a bunch of historical research on past legislative settings relating to freshwater. This is useful for those interested in the background of this matter. In our view, the nub of it all seems to be that prior to the 1991 Resource Management Act (which the Tribunal focuses on), there was a 1967 Water and Soil Conservation Act, in which Parliament gave the Government “the sole right to dam any river or stream, or to divert or to take natural water, or to discharge natural water or waste into any natural water, or to use natural water” (underlining added). Prior to that law, English common law was arguably solely in effect over New Zealand waterways. However, it is possible/likely neither the 1967 Water and Soil Conservation Act, nor the 1991 Resource Management Act actually extinguished any existing common law rights – rather these newer laws are said to be regulatory in nature – i.e. setting out the rules relating to water use (namely that the Government can decide usage) – but not actually extinguishing ownership rights or changing titles.
This Tribunal report appears to suggest that understanding is a position held by claimants, but also largely accepted by the Crown as well. If correct, this viewpoint supports the notion that seeking native title via other courts might be something worth pursuing for some hapū and iwi groups. But we surmise all iwi/hapū groups would individually need to prove native title / ownership, and that could be hard for many, particularly given associated land alienation that has occurred.]
The Findings and Recommendations of The Tribunal
The Tribunal finds the RMA, including its development and current administration, is non-compliant with the Treaty of Waitangi in at least four ways. This includes that the RMA:
- has weak Treaty of Waitangi provisions;
- does not sufficiently provide for Māori tino rangatiratanga or kaitiakitanga over bodies of water which are taonga to particular iwi and hapū;
- was developed exclusive to Māori, meaning Māori are (wrongly) treated as ‘new entrants’ when seeking water rights for their endeavours; and
- has allowed for serious degradation of water quality to occur, despite Māori concerns.
Regarding policy developments, the Tribunal does note some positive efforts to work with iwi/Māori from the Crown, but that outcomes have been thwarted, often by Crown slowness, and by a prevalent ideology that ‘no one owns’ water. For these types of reasons, the Tribunal is of the view that multiple Treaty of Waitangi breaches have occurred, and that these are not just limited to Māori having kaitiaki interests, but also equitable access to water for economic purposes as well.
The proposed remedy is centred on co-governance. For this report co-governance means an actual entity of some sort. Other recommendations centre on better monitoring of local councils and the like, more funding for Māori participation in this area, and more enabling regulations to ensure Māori voice is strengthened at all stages in water management processes.
As noted above our review finds, despite the length of this report, it is only partially effective in identifying issues and providing analysis on key matters at hand. Clearly the Waitangi Tribunal is more comfortable discussing regulatory and policy shortcomings against a list of Treaty of Waitangi principles, than discussing tougher issues such as proprietary rights. We note this policy/regulatory approach is consistent with other recent Tribunal reports – in areas such as Corrections and Health – but we question its usefulness for a natural resource such as freshwater. In our assessment, the Tribunal has largely missed an opportunity to make clearer findings on rights and interests, and has instead taken an easier road in finding fault with policy.
This approach matters not just because it downplays the core ‘ownership’ challenge, but also because it gives limited consideration to whether regulatory matters are improving. e. in this report the Tribunal finds that current policy settings are in breach of their expectations around Treaty partnership, and therefore the Crown must provide redress. But for policy considerations the question arises, in terms of Treaty of Waitangi compliance, whether the current water management reforms – which include a Māori/iwi developed Mana o Te Wai framework for freshwater – are better than the Resource Management Act of 1991 (which had a Treaty framework); and was that in turn better than the 1967 Water and Soil Conservation Act, which had no Māori or Treaty referencing? The issue being that if the Treaty is considered to be a living partnership, and Government policy is also continually evolving, then the possibility of the Crown breaching at least the edges of that partnership likely exists in perpetuity. So how much gain, how much change is occurring, and at what pace, are central questions which matter in terms of Crown responsiveness to Treaty of Waitangi principles within policy frameworks. However, this type of analysis presents as being outside of the Tribunal’s binary (Treaty compliant or not) framework. In our view, over the long haul, it would seem to us that Māori representation in water management issues has improved since 1967, but remains largely on the fringes of management decision-making arrangements; and Māori remain entirely locked out of ‘ownership’ type decisions. Perhaps then the Crown is improving its level of compliance with Treaty expectations but has not yet met a minimum threshold satisfactory to the Tribunal in regard to freshwater. It would have been useful for the Tribunal to clarify such matters.
We also note the report has significant drift into historic and scientific matters. For example, in their summary chapter one finding of the Tribunal is that, “the nitrate toxicity bottom line would still allow impacts on 20 per cent of aquatic species, and the direction that had been added on nutrient enrichment was acknowledged as incomplete (with further work planned)”. We don’t question the science, but question whether the Tribunal has lost its way a little in devolving into such areas and debates on operational policy settings of this nature. We think the point is that the current regulatory settings have not sufficiently protected water quality in accordance with Treaty of Waitangi expectations – i.e. it’s not safe for Māori (and others) to drink from, or even sometimes swim in, their tribal rivers and lakes. Perhaps, at best a compendium report ought to have been prepared for these more technical findings.
In regard to the key recommendation for co-governance, the Tribunal report mulls over the different views of the claimants (such as the New Zealand Māori Council), and Iwi Leaders Group (as interested parties) as to what might be best. The Māori Council maintained that a Water Commission is required, and that it be a 50:50 partnership between Māori and the Crown, setting out how allocation rights could work. Iwi, who were silent in the 2012 first stage, now make the point there does need to be some form of allocation or royalty scheme for sure, and yes co-governance is part of that, but that any such framework should occur within the context of existing iwi authorities in relation to their respective water catchment areas (i.e. not so much a single settlement nor a pan-Māori grouping setting allocations for iwi).
Following these submissions the Tribunal recommends an independent Water Commission; but then appears to get lost trying to back the differing views of the New Zealand Māori Council and the Iwi Leaders Group; meaning although the Tribunal is clear a co-governance entity of some sort is needed, and some allocation framework is needed to give Māori water rights – beyond that just quite what functions any such Commission should have is not clear. Hence the unenlightening statement in conclusion:
“we recommend a number of paths and mechanisms for co-governance and co-management which, severally or combined, will enable iwi and hapū to arrive at the most appropriate arrangement for their particular rohe and for each of their water bodies.”
On balance, we consider this cart before horse approach is tilted more towards the requests of the Iwi Leaders Group, which may be a little disappointing for some claimants, given the lack of initial support for this claim from iwi groups.
Last, we note the recommendation that all policy should be co-designed by Māori ‘from now on’, ‘where Māori interests are concerned’. Overall, we cannot think of any policy sector where Māori interests do not exist, so in effect the Tribunal is saying ‘co-design’ with Māori across all areas of public policy is their expectation for a new normal. That of course will be a tough challenge for governments to maintain, meaning future claims in any sector will be able to use that as a measure for Treaty compliance. Again, this leads to the view that the future role of the Tribunal will be to undertake Treaty-compliant (or not) evaluations of Government policies, like a watch-dog commission, rather than positioning itself to adjudicate on bigger picture matters of rights and ownership.
 And associated claims.
 Some provisions for existing landowners were retained in this Act, to ensure they had water for themselves, their livestock and for firefighting. I.e. existing usage was maintained.
 Refer to Pānui editions 12/2017 for Corrections and 24/2019 for Health.
|Title:||The Stage 2 Report On The National Freshwater And Geothermal Resources Claims (WAI 2358)|
|Publisher & Date:||Waitangi Tribunal: August 2019|
|Type of Document:||Waitangi Tribunal Report|
|Length, style:||565 pages, academic, technical. Difficult reading in places.|
|Recommended readership:||This report has implications for all, however it has low accessibility due to its length and style. We consider it is filled with barely relevant historical and scientific research and would recommend chapter 7 (summary of findings and recommendations) and the opening Ministerial letter as initial readings.|
|Content summary:||The first chapter of this report set out the scope of the inquiry and Treaty principles to be considered. Chapters two to six provide an analysis of current legal settings (the Resource Management Act (RMA), and Government policy work from (2002 to 2017). The Act and the policy work are tested for Treaty of Waitangi ‘compliance’. Chapter seven provides a summary (sic) of findings and recommendations.
Overall, the Tribunal finds that the present law is not consistent with the Treaty of Waitangi. Regarding the RMA the Tribunal finds that:
· the Treaty-based section (section 8) is weak, and Māori interests have not been fairly balanced or represented in decision-making processes under the Act (breaching Treaty partnership);
· it does not provide adequately for ‘tino rangatiratanga’ and the kaitakitanga of iwi and hapū over their freshwater taonga (note implied here is that freshwater can be a Treaty taonga);
· when the Act was developed the Crown refused to recognise Māori proprietary rights, and the Act still does not provide for such rights (meaning Māori are legally seen as ‘new entrants’ when applying for water usage rights, breaching Treaty equity);
· the Act has allowed for the serious degradation of water quality to occur in many ‘ancestral’ water-bodies (breaching Treaty active protection).
Regarding policy settings the Tribunal notes some positive types of engagement between the Crown and Māori, but that Crown bottom lines (such as ‘no one owns water’) meant Treaty-based outcomes could not be achieved. They also note gaps in policy frameworks, such as no compulsory Māori values or monitoring in policy frameworks.
To remedy all this the Tribunal suggests, amongst other items:
· the Crown now recognise Māori proprietary rights over freshwater and provide redress;
· a national co-governance body between Māori and the Crown for freshwater management; which would arrange an allocation scheme for iwi and hapū (thus allowing for economic gain to be shared with Māori);
· the Crown provide resourcing for Māori to participate in RMA processes equally (and continue to fund initiatives such as ‘Te Mana o te Wai’;
· the Crown institute monitoring of councils in regard to Treaty compliance;
· the Crown ought to act faster to protect taonga water bodies;
· the Crown look to determine whether existing Treaty settlements maintain fairness across iwi groups in relation to water management, and ensure rights gained by some iwi are ‘made available more generally’.
|Assessment Rationale:||We consider this report to be of marginal quality as it is only partially effective in identifying issues and providing analysis of matters at hand. This comment relates in particular to the lack of engagement on the core issue of proprietary rights – with the Tribunal clearly being more comfortable discussing regulatory settings.
Further, we consider many aspects of this report drift too far into historical or scientific debate, obscuring the actual points of focus.
In our assessment the co-governance recommendation is also not sufficiently explained. That is, what is to be co-governed remains murky water.
|Recommendations:||a. The Tribunal should write a summary report on the key issues, findings and recommendations made.
b. The Tribunal should provide clear details on how and when it will address geothermal energy matters.
c. Crown and Māori (perhaps in partnership) should review whether the Tribunal has usefully fulfilled its function in relation to freshwater claims, and whether a review of its terms of reference / legislative settings for this Tribunal is required.
|Extracts of Note:||“In our view, the present law in respect of fresh water is not consistent with Treaty principles.” Page xx.
“The co-design of policy and reform options was an import innovation which we think should become a standard part of Government policy making from now on”. Page xx.
“Our view is that the Crown must now recognise Māori propriety rights and provide what the New Zealand Māori Council called ‘proprietary redress’. We recommend that the Crown arrange for an allocation on a percentage basis to iwi and hapū, according to a regional catchment scheme. We also recommend an allocation for Māori land development, and that the feasibility of royalties and other forms of proprietary redress be investigated” Page xxiv
 Our review notes are also based mainly on Chapter 7 and the Ministerial summary letter.
 Refer to the rubrics table in the endnotes for quality ratings.
 Further comment on our assessment of this report is provided in the Pānui summary section.
- Following Te Rūnanga-Ā-iwi O Ngāpuhi elections Rāniera (Sonny) Tau has retained the roles as Hauāuru Takiwā Trustee elect and chair for Te Rūnanga-Ā-iwi O Ngāpuhi.
- On Monday Pita Paraone (MNZM) died. Mr Paraone was a Member of Parliament (New Zealand First) between 2002 and 2008 and then between 2014 and 2017. E te rangatira, e moe; e moe i te manaakitanga o te wāhi ngaro.
- On Wednesday Tahu Potiki died. Mr Potiki was a former Chief Executive of Te Rūnanga o Ngāi Tahu. E te rangatira, e moe; e moe i te manaakitanga o te wāhi ngaro.
- Last week Ngai Tūhoe signed a Relationship Agreement with Oranga Tamariki to work together when Ngai Tūhoe children become part of Oranga Tamariki services. We advise Oranga Tamariki have entered working agreements with Ngāpuhi, Ngāi Tahu and Waikato / Tainui.
- This week the National Iwi Chairs Forum was held in Hastings. This coincided with a hui session on indigenous trade, with representatives from Pasifika nations, North and South America, Asia and the Middle East.
- On Thursday Prime Minister, Jacinda Ardern, announced that from term 1 of 2020, the Government will fund a trial daily school lunch programme for the students of 30 primary and intermediate schools (including kura). The trial schools will be a mix of rural and urban schools with high levels of disadvantage located across the Bay of Plenty/Waiariki and Hawkes Bay / Tairawhiti regions. As the 2020 year progresses other schools in these areas will be invited to join the trial. The free school lunch programme was announced at the launch of the Child and Youth Wellbeing Strategy. We will review the Child and Youth Wellbeing Strategy next week in Pānui E31/2019.
- This week Stephen Henare was sentenced at the Auckland High Court to five years and two months’ imprisonment on five counts of ‘theft by person in special relationship’ and one count of ‘attempting to pervert the course of justice’. Mr Henare and his sister, Margaret Dixon, while in their roles as trustees, stole circa $1 million from the Parengarenga 3G Trust. In July Mrs Dixon was sentenced to 12 months home dentition and ordered to pay $5,000 in reparations.
|Notice of the Federation of Māori Authorities (FOMA) Annual General Meeting (AGM) for the year ending 30 June 2019.
The AGM will take place on 27 September 2019 at the Rutherford Hotel in Nelson, , starting 10:00am. Please find the full notice here.
 Rewiti Pomare Kingi Paraone.
- This week Shaun Keenan – former CEO of Ngāti Te Whiti Whenua Topu Trust was sentenced to three years and 8 months imprisonment in the New Plymouth District Court for 46 charges related to the theft of circa $480,000 from the Trust. This theft has impeded a marae-hub development project the Trust had received funds for.
- Paraone Gloyne (Ngāti Raukawa) has been appointed to the Te Māngai Pāho Board.
- Nominations are being called for Te Taumata Aronui – a working group which will be set up to provide Māori community and employer perspectives regarding the tertiary education sector, including the reform of vocational Nominations are to be emailed to: Tertiary.Strategy@education.govt.nz by 6 September 2019.
- On Wednesday Kiingi Tūheitia delivered his annual coronation speech (it is his 13th anniversary in the role). Amongst other items he noted that matters at Ihumātoa needed time to resolve, and that the Government should not be blamed for child protection matters.
“My challenge is to the whānau, hapū, iwi to take care of our tamariki and where the need arises to place them in a safe home. We must avoid blaming the government and instead work on a solution. We have a chance to design a solution on our own.” Kiingi Tūheitia 21 August 2019.
- Last week we reviewed Statistics New Zealand unemployment data, and again noted critical gaps in matters relevant to Māori from this Department. (For example the Department failed to produce Māori youth unemployment data, which is actually what is needed for the Government’s new Strategy and Action Plan, see items above.)
This week, we note a review of the Department’s management of the 2018 Census has been completed, which shows that only 68.2 percent of Māori responded to the 2018 Census. This has compromised the ability for iwi data to be collated through the Census, and as previously advised, iwi-based analysis from the 2018 Census now seems unlikely. Amongst other items the independent reviewers found that:
“due to a lack of field resources combined with the decisions to remove paper and contact from list-leave operations, targeted populations and dwellings were not properly equipped to fully participate. The strategies developed to increase participation, particularly for Māori, were not effective and in some cases not well executed.”
As an outcome some Māori leaders have – rightly in our assessment – expressed their disappointment with the Department in the media this week. We also note the Chief Executive, Liz MacPherson, has now tendered her resignation over the problems with the Census, and her resignation has been accepted by the State Services Commissioner. What is less clear is why the responsible Minister, James Shaw, is publicly thanking MacPherson and in particular affirming her work relating to Māori since the Census? To be clear, literally millions of dollars in Treaty settlements, as with health and education sector funding, is directly linked to Census data, meaning Mr Shaw’s comments are, in our view, well out of line and demean Māori expectations from the State for this service.
- Te Rūnanga o Ngāi Tahu, The Department of Conservation (DOC), the Yellow-eyed Penguin Trust and Fisheries New Zealand are calling for feedback on the recently released Te Kaweka Takohaka mō te Hoiho/Yellow-eyed Penguin Recovery Draft Strategy. Submissions close 20 September 2019.
- This week media articles named Mr Uenuku Fairhall as the former Te Kura Kaupapa Māori o Te Koutu principal who had his teacher’s registration cancelled for breaching professional boundaries during a school trip to Mexico. It is reported that breaches included sleeping in the same bed as a student while naked, using sexualised talk with students, being partially clothed in front of students, and entering a bathroom and washing the back of a student.
- This week Te Puni Kōkiri published a brochure on how to apply for Whenua Māori funding. (This is a four year $56 million fund to support Māori land owners navigate through regulatory barriers to increase land productivity.)
- This week the New Plymouth Council agreed to make available a contestable fund of up to $50,000 a year for the up-keep of 43 urupa on Māori freehold or reservation land.
- The occupation of land at Ihumatao is continuing, with various parties and special guests visiting. Earlier this month Kingi Tūheitia visited, and this week Ms Universe New Zealand contestants were on the manuhiri list. The Prime Minister, Jacinda Arden, however, has not taken up the invitation to visit as yet, and in response a petition is now circulating requesting that she go to the site and meet with the occupiers.
- This week the Government announced that the ‘Mana in Mahi’ programme will be expanded to support up to 2,000 young people into employment. Mana in Mahi is an apprenticeship programme targeting youth who have received a benefit for six months or longer. The programme seeks to promote apprenticeships, in lieu of these youth being in receipt of welfare. To facilitate this employers receive wage subsidies, generally equivalent to a benefit that Government would have otherwise paid to the youth, and the employer is then required to top-up that amount to at least the minimum wage. Employers can also access additional funding for the provision of pastoral care. (The Mana in Mahi programme is not Māori specific, but given its focus will have a high Māori uptake, and forms part of the Youth Employment Action Plan.)
- This week the Government announced three Northland based providers which will receive funding from the Provincial Growth Fund – He Poutama Rangatahi (HPR) for initiatives specifically targeting rangatahi not currently in employment, education or training (NEET). The providers and initiatives are:
He Puna Marama Trust – will receive funding of $990,000 for NGEN Room a 12-month digital technology, life skills, education and work experience programme;
Kamo Driving School – will receive funding of $396,000 for 12-week digital skills, work skills development and driver licencing programme; and
The Ministry for Social Development – will receive a co investment of $2.5 million for He Poutama Taitamariki (HPT) an intensive employment and training outcomes programme focussed on youth at risk of long-term unemployment and poor social outcomes. The Ministry for Social Development will invest an additional $2.7 million into the programme.
- The Ministry of Business, Innovation and Employment has released eligibility information for the 2019 He Tupu Ohanga: Commercial Advisor Scheme (CAS). CAS is designed to allow Māori collectives to work with a commercial advisor for up to two years. Government funding of up to $60,000 per collective is offered, on the proviso there is a further co-funding from the Māori entities of 25% of the total costs. The advisor will “mentor and support the Māori collective to identify opportunities, develop business cases, and obtain professional advice”. Applications open 19 August and close 30 September. The 2019 Commercial Advisors Scheme Eligibility Criteria
- The Wellington Tenths Trust has reached an agreement with the New Zealand Police that will see the Trust receive proceeds from the sale of a house purchased with funds fraudulently obtained by Lorraine Skiffington (deceased) and Sir Ngātata Love (deceased). The $1.5 million property was restrained by the Police Commissioner in 2014 as it was deemed to be procured from criminal activity.
- The Federation of Māori Authorities (FoMA) National Conference and Annual General Meeting 2019 will be held in Nelson 27 and 28 September 2019. Confirmed speakers include Dame Jenny Shipley, Adrian Orr (Governor of the Reserve Bank of New Zealand) and Minister Nanaia Mahuta. Go to https://www.fomaevents.org.nz/event1_2 for more information.
- Moana Mackey and Dean Te Kanawa have been appointed to the Representation Commission. The Representation Commission is the body that determines the number of electoral districts and sets the boundaries of Ms Mackey and Mr Te Kanawa are the representatives for the Māori electoral boundaries only. They fulfil that role with other members of the Commission and the Chief Executive of Te Puni Kōkiri.
- Dame Naida Glavish, Dame Areta Kopu, Dame June Mariu, Dame Iritana Tawhiwhirangi, Dame Tariana Turia, Lady Tureiti Moxon, Sir Toby Curtis, Sir Mason Durie, Sir Wira Gardiner, Sir Pita Sharples, Sir Robert McLeod and Sir Mark Solomon are the members of the governing group for the Independent Māori Inquiry into Oranga Tamariki.