Hi people, Sorry for not getting this out earlier in the week. But now I have to work for my keep unless I want to eat baked beans. The week has been fine but with a cold wind coming through, and next week does not look good, so I decided to forge ahead.
I get the Treaty Settlement documents for the Whanganui Claimants, and have been waiting for the Ngati Rangi Claim to be signed. It was to be signed on the 14th of March but as the documents stated ,was put back to the 16th. Then nothing. I checked early last week but nothing on the Webb page , then checked again this week. There it is. 168 pages. It was signed and sealed on the 10th of March. But as I read through the document I am not surprised at all, both with the subterfuge and the content. The subterfuge is to my mind a sign of things to come .How we are to be dealt with. I have been saying it in this blog for years. I have said it around the Council table and in my submissions to the Regional Council Ann Plan .Been greeted with skepticism and the oh my god ,who is this wally. A sister agreement, the Te Awa Tupuna got the blessing of the District Council by virtue of the fact that they got a dedacted copy, but still approved it. Regional Council got the full version but still treated it as if it was aspirational rather than of substance. It was always coming in this form , just as the Ngati Rangi Strategic Plan said it would. All this I have raised around the Regional Council table and yet you guys keep on voting them back into positions of influence that are being negatively used to bring about outcomes that may not be in your best interests. The major difference between the Te Awa Tupuna model is that ownership of water appears to be off the table. Just as Shane Jones said. Next Ngati Rangi state that they will be active in the submission to plans of Local Govt, but that councils must have PARTICULAR REGARD TOO. Particular. A bit like a gun to your head. I have covered this in a previous post ,describing my meeting with Maori Treaty officials and the Maori Council, including Mayor Sue, the Deputy Mayor, a particularly nasty man and Marion Gillard. I ,as you may well recall, had objected to Co-Governance being included in the District Plan, with out consultation with the wider community. What a day, I was in particularly fine form , and like to think I won the argument. Maori, as a consequence stated later that they would participate in the submission process to get their views across.
The council tried to devolve, or should I say a staff member tried to devolve the last remaining function that council has not given away, to Ngati Rangi way back in October 2011. I wrote to the then CEO Peter Till, expressing concern at the advertisement in the paper of councils intention and seeked a meeting. To his credit, I got it however brief it was, in which he said I was wrong, until I produced the advertisement, and said read it. He had just got me a coffee and a biscuit. He read it and went white as a sheet, looked at me, and was gone. Left me there quietly eating my bikie and sipping my coffee. Not to be seen again. The staffer moved on after that .Only time any body in council thanked me. It appears it got by them as a dog control function.
You will also recall that I predicted changes to the RMA to accommodate such arrangements, but what I did not recognize is the changes to be made to the LGA 2002.
So to the substance. Maori will act in good faith, the mountains ,river and lands will be cared ,managed for and on behalf of everyone. Maori will pledge to up hold the Treaty of Waitangi. But there will be the restoration of the cultural, environmental ,economic and social base of Ngati Rangi, including its nation hood, well being and prosperity. The Crown will acknowledge Ngati Rangi,s grievance and significance distress of the degradation of the water ways, including the Tongariro Power scheme. Crowns policy is for the redress to be affordable and practicable and final. The Implementation will be exclude the jurisdiction of any Court, tribunal, or other judicial body in relation to the settlement. It will also require any resumptive memorials to be removed from any certificate of title or computer register for a redress property. This is a very positive step. After we sold and whilst looking for another property we came across a number with Section 4 of the Conservation Act and or the State Owned Enterprises Act attached to the title. (Treaty of Waitangi ). I understand the Settlement includes the Tongariro National Park, to the Sea and every thing in between. Will have relationship agreements with DoC, Ministry for the Environment ,and Primary Industry’s. And a special relationship with all species of fish. Must ensure that all people benefit physically, spiritually, culturaly and economically, ensuring that water and its life supporting capacity and values is enhanced. There will be a co-governance arrangement, with particular regard given to Te Mana Tupua, and Nga Toka tupua. I take this to mean land and water planning documents.
The Iwi organization of Nga Iwi O Te Waiu-o-Te-Ika are to be treated as an Iwi Authority and a public authority, thus able to make submissions on any matter binging recognized as having an interest greater than and separate from any interest in common with the public from the mountain to the sea. But this does not mean that Ngati Rangi has to consulted with or notified, if they would not other wise have that right. This does not also prevent ,limit or remove any other person from being recognized as an interested person, bind ,compromise, advantage or disadvantage any other person nor provide a precedent for any other matter . Sounds good on the face of it.
Functions of the Nga Wai Tota o Te Waiu is to promote and support the integrated and co-ordinated management of the Catchment, to moniture the implementation and effectiveness of.Nga wai Tota to be a local authority and not subject to local govt meetings act, does not have to supply information requested. Thus the need to modify the LGA 2002. Clause 31(1) members to appointed by local authorities. Clauses 23(3,b) 24,26 (1,2,4) 27,30(2,3,5,7) and 31(2,4,6) do not apply to Nga Wai Tota. Clauses 19,20,22 apply to Nga Wai Tota subject to the references to a local authority being read as a reference to Nga Wai Tota. There it is a local authority in its own right. As I understand Nga Wai totoa will sit above Regional and District plans as they now stand. Members of the above must approach decision making in an manner which is consistent with the purpose and collaborative nature of Ngati wai Tota and promotes consensus decision making. Horizons are to provide administrative services and technical support. Contents of the Over arching plan Te Tahoratanga O Te Waiu . Is to identify the vision ,values, issues and desired outcomes providing guide lines for decision makers, providing a strategy and recommended actions, using objective policy and non regulatory methods.
Interesting Just a thought to achieve the desired outcomes ,there must be a resource consent requirement for all forms of land use ,thus what conditions are likely to imposed? It is not a regulation just a condition?
Thus the legal effect.. when preparing ,varying, changing, or approving a Plan, policy Statement, or District plan, must recognize and provide for Te Tahoratanga. A local authority may incorporate whole or part of the Te Tahoratanga in a regional Plan, policy Statement or District Plan, provided it follows appropriate process in der schedule 1 of the RMA. When making decisions on resource consents must have particular regard to Te Tahoratanga. Same apply,s for decision mades under the LGA 2002.
Preparation of the draft Te Tahoratanga o Te Waiu must start no later than 6 mths after settlement date, take no longer than 18months, give public notice, promote and seek public feed back, making available for public inspection. Approval for is to be later than 12 mths after the date of publication of the notice of the draft. it comes into force no later than 1 month after approval. It will be reviewed every 10 years. So which Plan are we going to get. Horizons Decisions Version or the Environment Court modle. All of which cost the rate payer approx. $25 million. Staff members own words. Read about it in this blog way back 2013 sept-oct.
So My initial assement is as I have described in the opening paragraphs , a gun at resource users heads, or could be good. The Well beings are arse about face and not allowed for in the RMA and LGA in that order ,being economic, social, cultural, and environment. To change you must use the Special consultative procedure as described in the LGA. I have checked out the clauses detailed and the refer to the Local Govt Commission and there must be sub clauses to be added ,but in my opinion are to make the Nga wai Tota unaccountable to the Local Govt Commission. That is a worry. If all is in good faith, and subject to the Treaty of Waitangi why the need for secrecy, lack transparency and lack of public rate pay accountability?
Could it be that a part of Horizons Region or even District Councils are to be reorganized to accommodate such a Treaty Settlement?. The changes to LGA would seem to point that way.
Got to say I am cautious. But one thing is for sure as Mavis Mullins says in Rural News March 20th pg 18. Time to put some heart into farming the Maori way. And as Land Corp have re branded it’s self “Maori Farmer” and changing land use to include nuts, berry’s, fruits and what ever else takes its fancy, may be we are being prepared for another time. I am pleased to be out of it. But having said that I certainly would be keen to be one of the appointed persons to the Nga Wai Tota, having a wealth of knowledge science and data. But unfortunately am not seen as a team player for the team on the other side. If the appointed persons are all of the liberal, green, religious and political extreme type, god help us.
Much to think about. Bye