1506 Trustee's Report to Takiwā - 16 June 2015

Te Runanga-a-Iwi-o-Ngapuhi June Report 2015

Tena koutou katoa

Firstly a report on the issues I took to the Board.

  1. That Te Hauāuru Takiwā asks Te Rūnanga-a-iwi o Ngāpuhi to increase the annual grant to takiwā from $6,000 to $7,500.

This request was successful and will be actioned in the next budget in July.

  1. Defibrillator s

  • Defibrillator s is a topic that is gaining momentum as the Takiwa discussed its value in the Marae. This kaupapa is being supported by Dr Milner who is retired and has offered his services in holding wananga in Marae on health issues.

  • It was recommended by our Takiwa that I ask the Board about the possibility of Te Rūnanga-a-iwi o Ngāpuhi subsidizing defibrillators for marae.

This request was turned down for now as it was reported that other Marae had fund raised to get their defibrillators.

Review of Te Ohu Kaimoana and Subsidiaries

At our NAHC Meeting of 20 April the CEO of AFL, Carl Carrington, attended our meeting and gave us an update on their performance against plan for the past year
This is a good thing when the CEO of AFL, of which Ngapuhi is the biggest shareholder with some 15%, comes and speaks directly to our Asset Holding Company on their performance against plan

Under heavy questioning from John Rae, Carl was struggling to justify some of the actions they had carried out over the last two or three years, with regard to selling of quota etc.?
As a total investment AFL is not returning enough to iwi relative to the level of risk iwi hold in that respect was also a question posed to Carl by NAHC
In terms of the review of TOKM and its suite of companies we need to
understand what the review said and its final outcomes after consultation with
iwi and it’s voting shareholders
The history of the Fisheries Settlement is as follows

  • 1989 Interim settlement between Maori and the Crown  

  • 1992 Final settlement (Deed of Settlement)

  • 2003 He Kawai Taumata (Report to Minister)

  • 2004 Maori Fisheries Act

  • 2015 Review of Maori Fisheries Settlement Structure

  • 57 iwi are at the top of the TOKM Structure where they appoint 10 members to Te Kawai Taumata through the Electoral College – one appointed by
    “other” iwi organisations – NUMA et al

  • These 11 members of Te Kawai Taumata appoint 7 Directors to TOKM

  • TOKM held all the settlement fisheries assets on behalf of Maori and had the
    duty of distributing these to iwi once iwi become Mandated iwi Organisations

  • TOKM also appoints between 5 and 8 directors to Aotearoa Fisheries Limited

  • AFL is the Commercial Arm of the Maori Fisheries Settlement

  • AFL also appoint half the Directors to Sealords who is 50% owned by iwi and
    Nippon Suisan of Japan We are now at the 2015 review stage of this evolution

  • The review has been completed by lawyer Tim Castles and he has released his
    14 recommendations

  • Although the recommendations were not exactly recommendations straight
    from the reviewer, they were buried somewhat within the review final report

  • In my view the reviewer did not take too much notice of what the iwi consultation hui had said and a lot of the korero within the report was
    generated by the reviewer himself

  • I do not consider the report a good one as it mostly contains photocopies of
    other peoples documents and is quite hard to read

  • These recommendations were extrapolated from the report and are listed

Recommendation 1

Te Ohu Kaimoana

1) Wind up Te Ohu Kaimoana (and transfer its assets to iwi),
2) Significantly restructure TOKM, without AFL shares, as the pan tribal entity to undertake advocacy and policy development and advice for iwi


Recommendations 2-7

     Aotearoa Fisheries Limited

     2) Allocate the voting and income shares held by TOKMTL and as a consequence enable iwi (through their AHC’s) to appoint AFL Directors

     3) Consider establishing a Shareholders Council
     4) Special resolutions for major transactions for AFL should require at least two thirds majority voting threshold
     5) That AFL and iwi find ways to ensure that ASFL does not compete with iwi in the business of commercial fishing

6) There should be rationalisation between Sealords and AFL operations to avoid them competing with each other

7) That iwi and AFL address the lack of operational experience on the AFL Board

      Recommendation 8 (a-g)

Te Putea Whakatupu Trust
a) TPWT Should continue
b) A statutory corporate trustee should be appointed to manage theTrust, called Te Putea Whakatupu Trustee Limited (TPWTL)
c) The Trustee company should not be owned by TOKMTL but by at least FOMA,  NZMC, Maori Woman’s Welfare League and NUMA (allowing for others of the schedule 5 entities) and a representative body for iwi
d) The schedule 5 organisations who wish to participate should each have one share in TPWTL with no distribution rights and that those shares be held the boards of those organisations
e) Iwi should design a representative body to hold between 3 and 5
shares in TPWTL also without distribution rights
f) These organisations by a majority vote should appoint 5 directors
of TPWTL who must each have knowledge of and are able to represent the interests of Maori who reside in Urban areas of NZ and otherwise have skills, knowledge and experience directly relevant to Urban Maori
g) A quorum of directors to transact business should be  

Recommendation 9

Te Wai Maori Trust
Iwi should appoint three directors with a quorum of 2

Recommendation 10

Restriction on Asset Sales
1. Retain restrictions on asset sales outside of the Maori pool
2. Develop easier trading processes for iwi wishing to quit their fishing assets (in part or in whole) to willing buyers within the
Maori pool

Recommendations 11-14

The Chatham Islands – the continuing special case
11) That AFL should take special steps to cooperate more fully with the Chatham’s iwi
12) That AFL establish and fund a dedicated AFL/Chatham’s iwi taskforce to cooperatively address options for solutions to the competition between AFL and Chatham iwi and all other fisheries issues arising on the Chatham’s
13) That AFL engage with Chatham iwi and the island communities on health and safety issues associated with AFL fishing factories and facilities
14) In the longer term, that a permanent Chatham iwi/AFL Fisheries Ropu be established to actively engage in the development of iwi (collective and individual) interests fisheries, fishing and fisheries related activities on the Chatham’s in a manner which can yield to AFL and the people of the Chatham’s continuing and meaningful benefit

  • After the review TOKM had 40 days to put together a plan of how they will deal with those recommendations

  • TOKM resolved to put together an iwi Working group consisting of people with experience in many facets of the Fisheries Settlement, current TKT members, former Treaty of Waitangi fisheries commissioners, people with extensive knowledge of present structures and why they were implemented in the first place

  • This group had 11 meetings across the motu giving a presentation summary of the Reviewers report, where TOKM had been and a possible where to from here

  • The presentation included a straw man for a possible future restructure of Te Ohu Kaimoana, Te Putea Whakatupu and Te Wai Maori Trusts

  • Some of what the reviewer recommended was found to be outside of the legislated parameters for this review and have been rejected or worked around

  • One of the consultation meetings was held here at the Runanga and was very well attended by Te Kahu o Taonui members

  • On 22 May iwi MIO’s met in congress in Wellington to discuss the outcome of those 11 hui across the country and work on crafting resolutions ready for the Special General Meeting set down for 4 June 2015 when these resolutions were voted on

  • Carol Dodd as our Te Kawai Taumata member, Paul Knight as the CEO of our Asset Holding Company and Sonny Tau attended on our behalf

  • There was very robust discussions on the matters above and there were outcomes that will be taken to the meeting on the 4 July for discussion and hopefully assist in the meeting moving along smoothly and uninhibited on the day

Meeting with Mayor John Carter

  • On 15 April the CEO and Sonny met with Mayor John Carter

  • For the Council there are three issues that he wanted to push along with Ngapuhi

  • The first of these was that they wanted to talk about rates on Maori Land and how we could contribute to that discussion

  • His idea was to advance those whenua where owners wanted to push to have them more productive
    They would write off all back rates and let the whanau work from there with the proviso that they pay all rates going forward

  • He also spoke about the multiple general title rates that are being paid on land in blocks or Trusts expected to pay a uniform rate for every little block within that Trust or block

  • Council was willing to sit down and talk through that issue with a view to paying only one uniform rate – this has got to be good for us

  • The Mayor also raised the matter of Maori Seats across the Far North and his non-support for this proposal – We respect his view but don’t necessarily agree with it

  • We raised the issue of the Council actually understanding the Tuhoronuku journey thus far and where we are going to from here

  • Council happy to have that update

  • We raised the matter of the Kaikohe Hotel site to be developed along with

  • Their position at this point is that the site is too big for them to develop and all
    they wanted to look at was a section on the front
    Willing to talk through the issues with us

  • Asked if they were interested in developing a cultural centre/museum type

  • They are very interested in that concept and have put forward a name of one of
    their staff to work along with our CEO on the concept

  • On 29 May again met with Mayor for follow up

  • The economic Development project is a starter with the Mayor wanting
    someone from our office on their task-force

  • Ngapipito and Pipiwai roads are earmarked for tar-sealing in front of houses
    affected by the dust problem, Piccadilly having already been done

  • That is scheduled to start in October this year.

  • The Mayor is also on a committee that looks at silly legislation and wanting to
    make submissions on matters that Ngapuhi may view as silly legislation

  • He sent a letter stating that submissions close 15 June

  • If we have any legislation that we might want looked at, we need to get
    submissions in through our CEO

         Meeting With Working Group from CYFS Head Office

  • On 1 May a contingent from Minister Anne Tolley’s to discuss the issue of Social The contingent was lead by Viv Rickard from the Minister’s Office with Ben Dalton from MPI also in attendance. Tui Marsh TPK Regional Manager was also in attendance

  • This was a follow up meeting from that had in Wellington through the National Whanau Ora Partnership group

  • Minister Tolley was willing to investigate the allocation of funding to the Kaikohe area and where it was being spent

  • Kaikohe has a population of some 4100 people and yet we have some 52 Social Services providers in Kaikohe with only four actually present in the town
    a complaint about the number of service providers within Kaikohe and yet we do not see the benefit of that money being spent in Kaikohe was put to her

  • Murray Eldridge as the Deputy Secretary for Community Investments - has undertaken to get back to us on just who those providers are and where that spend is being expended

  • Informed the meeting that the community investment strategy will be launched in June and hopefully this will enable all this spend to be monitored and measured against contractual outcomes – this is not being done at the moment

  • Happy to have both NISS and THOOK involved in this mahi as they are both our providers

  • The question of Economic Development was raised where it was agreed that social spend into the future should be tied in some way to economic development

  • Programmes will be created where educational pathways will be established but the outcome must lead to sustainable jobs

  • MPI through Ben Dalton then offered the Runanga a contract to scope out Maori land in the North here that could be developed and could employ our people
    The CEO will set this group up and push it along

Ben Dalton

  • Supports the notion that there is a disconnected manner of how things are done       here

  • Need programmes to allow young ones the opportunity to move forward to employment.

  • With lots of class 2 land here. We want to commission study with Te Runanga-a-iwi o Ngapuhi and Mayor take a look at land and how many titles, potential to aggregate like Rangihamama, or convert to avocado?

  • Treasury, MPI, MBIE and TPK to fund this commission and someone from KPMG

  • Intensive land use study of what can land be used for? If agreed we could action this in the next few weeks.

  • MPI is happy to put money into these initiatives now, with Te Runanga-a-iwi o Ngapuhi to be lead agency on this.

  • NOW – need economic and social strands to be joined.

  • MPI to fund land use study, work alongside Te Runanga-a-iwi o Ngapuhi  Services funding being allocated to Kaikohe but is invisible

Debbie Power

  • Need to search for opportunities, both long and short term, align with social needs, social purchasing and social investing

  • Nick Chamberlain welcomes collaboration and has raised concerns regarding procuremen

  • Procurement rules are a big issue to ensuring contracts and labour is staying locally

  • Training for training sake doesn’t work and need it to link to jobs

  • Social investment is more than cost, outcomes and economic development

  • Actual value is jobs and building of life Social investment and measurement

Notional Ngati Hine Population

  • On 29 April met with Tahu Kukutai of the University of Waikato’s statistical Department to go over their work on the above subject

  • Spoke about the robustness of the report they had put out to us in Draft and how that would stand up in a Court of Law if tested

  • Tahu was confident that they had done a thorough job on the research and findings with what material was available to conduct this research

  • This gave us much comfort to know that what they had produced in their report was very robust

  • The report was to be completed by the 20 May and sent to us as the owners of the research

  • We have not yet received the rersearch from the University Waikato

  • Our Legal Counsel would use that report in our next judicial Conference on the matter as Ngati Hine still remains before the Maori Landcourt trying to determine two things?

  • Their Notional population for the purposes of withdrawing from Te Runanga- a-iwi o Ngapuhi MIO and secondly, what size/% of the Ngapuhi Fisheries Asset they will be taking with them

  • In the last few weeks there has been a flurry of emails between the committee tasked with this mahi and Ngati Hine legal counsel to try and get a balance of views

  • As the Board will need to make a decision shortly on whether we want our Counsel to push the issue of determining Ngati Hine’s notional population or delay until everyone is ready

Te Ropu Kaumatua Kuia o te Whare Tapu o Ngapuhi

  • There has been much discussion about the responsibilities and duties of this Ropu

  • Time has been spent explaining the reasons for setting up this Ropu as well as what their particular functions were

  • There is much covert discussion going on with some of this group with reference to having control of the Kaumatua/Kuia Budget which is a totally different concept to what the Ropu was set up for

  • The budget for this actually sits under the Board and is administered, under my direction, by our operations in conjunction with the Kaumatua Kuia co- ordinator – Shelley Naera

  • This budget is used for all their travels, functions, hui and wananga being held from time to time

  • To understand the function of the Kaumatua Kuia we took these steps as a recommendation from the APN Review we commissioned back in 2008/9 and implemented this into our Trust Deed at the AGM in 2009/10

  • I copy the excerpt from our Trust Deed to clarify these points:

TE ROPU KAUMATUA KUIA O TE WHARE TAPU O NGAPUHI Establishment of Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi:

  • There shall be a council of Ngāpuhi Kaumatua and Kuia comprising such Kaumatua and Kuia as the Trustees may in their absolute discretion consider appropriate.

  • The council shall be known as Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi

  • Election of Kaumatua and Kuia to Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi

  • The Kaumatua and Kuia shall call such hui as may be necessary to identify the appropriate Kaumatua and Kuia to comprise Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngāpuhi.

  • Vacancies on Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi shall be filled by Ngapuhi Kaumatua and Kuia as appropriate.
    Functions of Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi

  • Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi shall advise the Trustees on the following:

  • To ensure that the Trustees meet their cultural and spiritual obligations to Te Whare Tapu o Ngapuhi; andMaintaining the mana of Ngapuhi by ensuring that the Trustees meet their cultural and spiritual obligations to Te Whare Tapu o Ngapuhi.

  • In order to receive the advice the Trustees shall meet with Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi at such times and in such places as the Trustees or Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi shall consider appropriate.
    Voting rights of Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi

  • Te Ropu Kaumatua Kuia o Te Whare Tapu o Ngapuhi shall not be entitled to vote at meetings of Trustees called in accordance with clause 4.

  • We need to get some feedback in the form of a report from them on how we are doing as a Board and whether we are operating within a Tikanga o Ngapuhi framework
    There was also some discussion about the making of a korowai by this group. This will be done for and on behalf of Ngapuhi

Budget 2015 – Maori Wins
Budget 2015 was released some two weeks ago and has been kind to us as Maori across the board. All beneficiaries of lower income families have been given a raise of $25 per week to their benefits. It has been a long time since benefit levels have been seriously addressed [with] $25 a week. While any increase is never enough, it is a movement in the right direction after decades of stagnation and growing poverty, so it will be helpful in terms of the actual material needs of these whanau.
This increase is not solely for Maori families but is right across the board.
Maori Land Development
In this year’s budget government has allocated $12.8M to address longstanding issues that for generations have impeded the use and development of Maori land. In a report released by Government in 2013 it was estimated that a substantial amount of Maori land was under-utilised, and that if half that under-utilised Maori land was bought up to average production standards, this would add $8b to the Aotearoa economy. It also stated that it would cost some $3.5b to bring that land up to that standard. We need to be targeting this putea as we look to lifting the performance of our land.
As you are aware, we are currently looking at a stocktake of under-utilised Maori land within our rohe. As stated above, this is in conjunction with MPI and the implementation of the Northland economic strategy released during Waitangi celebrations this year.
From Northland to the Bay of Plenty to the East Coast and across to Manawatu and Whanganui are the regions where the stronghold of Maori land is situated, and is where Government aims to free up the land from the issues that have left it under- utilised.
This funding allocation will be put to use alongside the current review of the Te Ture Maori Land Act, which iwi Chairs are working through and goes before cabinet this week. It is hoped that in tandem with the alteration to this act, this budgetted amount will assist Maori with developing the potential of their land.
The annual amount for Maori housing is increasing from $7 million to $15.8 million. The funding will provide practical assistance to whanau and will be co-ordinated through the establishment of a Maori Housing Network. This funding will help Māori in all kinds of situations - from those who are homeless to those who want to buy their own homes. Some of the money will go towards providing night shelters in regions that haven't had homelessness before, and don't know how to support those needing accommodation.
There will also be money to help those who struggle to afford rent and hopefully some of this funding will help get Maori into home ownership.
The Minister of Maori Development said it would co-ordinate a suite of funds to support a range of Maori housing aspirations.

Whanau Ora
The Government has focused this spending on the increasing Whanau Ora understanding and delivery of services. They have provided $49.8 million for Whanau Ora Navigators - the workers who act as brokers for Maori families and support them to achieve their goals.

Reducing Youth Suicide
Preventing Maori youth suicide has also been made a priority. The suicide rate among Taitamariki Maori in 2011 was nearly two times higher than the suicide rate for the rest of the population. To tackle the problem $2.1 million is being invested via the Whanau Ora approach.
This is not much for such a subject but it at least begins to addresses the blights on Maori Society and needs to be stepped up.

Continued Promotion of Maori Language and Culture
Maori Development Minister Te Ururoa Flavell said there would be a continued focus on the promotion of Maori language and culture with $82 million being funnelled into Maori broadcasting entities and Te Taura Whiri i te Reo Maori - the Maori Language Commission. Again not enough money but it is a spend in the right direction as we fight to preserve a language that is beautiful, but experts are dieing without handing on the skill to our younger generations.
Maori need to be greatful for these gains and are directly attributable to the Maori Party and their determination to make a difference for iwi puta noa.

Tena Koutou Katoa

Keith WiHongi (Proxy Trustee)