OTAKOU TRONT REPRESENTATIVE REPORTS (FEB/APRIL )

OTAKOU TRONT REPRESENTATIVE REPORT Kia ora tatou
Please find below a fairly comprehensive outline of the decisions taken by Te Runanga o Ngai Tahu since February.
It is fair to say that the business of Te Runanga is still disrupted and it is important to remember it has only been ten weeks since the earthquake and they have continued to be plagued by serious aftershocks in Christchurch.
The last two meetings have been held in Dunedin and the next meeting is scheduled for Invercargill.

Priorities:

Earthquake recovery
Governance restructure
CEO recruitment
Boundaries
Relativity mechanism

Earthquake Recovery
This is constantly moving but Ngai Tahu are positioning themselves to participate at all levels of decision making. The recovery bill was made available for submission a matter of hours before we were to present to select committee but we did support it.
Relocation to Wigram is making steady progress and we are housing other organizations as well.
NTHC business is apparently not largely disrupted but currently we do not know what the impact on the different markets are going to be in12 months time. There may even be opportunitiesthat arise during the rebuild phase. TRoNT’s recovery group has now been established.

Governance Restructure
This is largely complete. The committees have been reconstituted and repopulated. There is an objective to run eight meetings this year but the target is to get TRoNT meetings down to six per annum. We are looking at constitutional changes around deputy kaiwhakahaere roles that will need to come out to papatipu runanga for consideration. All changes are to be budget neutral or less than the current annual spend on governance of $1.2M. Kaiwhakahaere elections will occur in September. The runanga will have a chance to consider this at the June or July meeting.

CEO Recruitment
Currently under consideration by CRC. Acting CEO is Mike Sang.

Boundaries
Te Rūnanga has decided to withdraw its appeal against the High Court decision on the status of the Wai 785 (Te Tau Ihu) Waitangi Tribunal Report

Te Rūnanga initiated judicial review proceedings in 2007, which were heard by the High Court in 2009. The case concerned a series of very narrow legal arguments about whether the Maori Appellate Court decision of 1990, that found Ngāi Tahu to have exclusive rights within the Takiwā, was binding on the Waitangi Tribunal in the Wai 785 hearing. The court ultimately found that the Tribunal is not legally bound by the Maori Appellate Court decision for the following reasons;

 Section 6 (A) of the Treaty of Waitangi Act does not limit the Tribunal’s power to make the findings. The underlying reasoning is based on a complex analysis of the previous litigation over the last 20 years on the Maori Appellate Court decision;

 That the Tribunal does not need to make consistent findings between reports (i.e. Wai 27 and Wai 785) because Te Tau Ihu claims were not addressed in Wai 27; and

 The Tribunal is not estopped (i.e. prevented because of the binding nature of the MAC decision) because the Tribunal’s role is recommendatory only.

While the decision was disappointing, and Te Rūnanga disagrees with the findings of the Court, the exclusivity of the Ngāi Tahu Takiwā is not put at risk by this decision. The court decision simply states that the Tribunal could legally make the findings it did, but it did not say that the Tribunal findings were correct. The Ngāi Tahu Takiwā is also recognised in statute through the Te Rūnanga o Ngāi Tahu Act 1996 and Ngāi Tahu Claims Settlement Act 1998, and that status cannot be affected any findings of the Waitangi Tribunal or this court decision.

We still consider the many of the findings of the Waitangi Tribunal to be erroneous as a matter of fact and law in relation to their findings on the various iwi interests within our takiwā and disagree with the findings of the High Court in the present case.

Notwithstanding this, Te Rūnanga has decided not to proceed with the current appeal on the basis that;

 Te Rūnanga’s preferred approach within the Boundaries Protection strategy is the formation/deepening/strengthening of mana to mana relationships Te Tau Ihu iwi that affirm the status of the Ngāi Tahu Takiwā

 We are well advanced in progressing mana to mana relationships with the Iwi of Te Tau Ihu

 We have reached a Te Waipounamu wide resolution on pre-commencement issues re aquaculture and are in the process of resolving further issues. We see these achievements as contributing to a new era of collaboration in our relationships with the iwi of Te Tau Ihu

Since the proceedings began there have been three Deeds of Settlement signed with the Kurahaupo iwi and there is a real prospect that all of the Te Tau Ihu iwi will have a settlement by the end of this year. The three completed Deeds respect the status of the Ngāi Tahu Takiwā. The Crown is unlikely to depart from this approach in the remaining five Deeds because doing so would risk unwinding the completed Deeds. This, and the broader progress in relationships with Te Tau Ihu limit the risks from withdrawing from the proceeding.

In addition the events of September 4th and February 22nd have meant that we are focussing our resources on our people and their immediate, medium and longer term needs.

Relativity Mechanism
There is progress in this area but the government would rather delay this until after the election.

TE RŪNANGA O NGĀI TAHU MEETING 16 APRIL 2011

Te Rūnanga held its General Meeting on April 16 in which it:
confirmed appointments to its major committees;
approved a direct distribution to Whai Rawa Members;
and, adopted terms of reference for its Earthquake Recovery Working Group.

Te Rūnanga committees
At its meeting on April 2, Te Rūnanga reached a consensus on the structure of its committees, this included a core group of four committees: Te Apārangi (external issues), Tuarua (internal matters), Contracts Review Committee, and Audit and Risk Committee.
At that meeting Te Rūnanga also asked for management to bring it a final decision paper on appointments. This paper was tabled on April 16 and appointments were confirmed as follows:

Te Aparangi:
Ōtākou (chair), Tahu Potiki
Kaiwhakahaere, Mark Solomon
Tūāhuriri, Tutehounuku (Nuk) Korako
Moeraki, Gail Tipa
Wairewa, James Daniels
Awarua, Maria Pera
Waihao, Gerry Te Kapa Coates

Tuarua:
Waewae (chair), Lisa Tumahai
Hokonui, Terry Nicholas
Waihōpai, Michael Skerrett
Puketeraki, Matapura Ellison
Ōnuku, Ngaire Tainui
Ōraka-Aparima, Stewart Bull

Te Rūnanga Audit and Risk Committee (TRARC):
Ōtākou, Tahu Potiki
Hokonui, Terry Nicholas
Waihōpai, Michael Skerrett
Ōnuku, Ngaire Tainui
Arowhenua, Quentin Hix

Te Rūnanga agreed that the existing Contracts Review Committee remains in office until the completion of the current business of review and appointment of CEO and Kaiwhakahaere/Deputy Kaiwhakahaere are made. The existing committee is as follows:

Contracts Review Committee (CRC):
Wairewa (chair), James Daniels
Taumutu, Sandy Lockhart
Hokonui, Terry Nicholas
Puketeraki, Matapura Ellison

The new CRC Committee will be:
Arowhenua, Quentin Hix
Koukourarata, Elizabeth Hera Cunningham
Waihao, Gerry Te Kapa Coates
Taumutu, Sandy Lockhart

Te Rūnanga also committed to maintaining its governance budget at the same level as for the 2011 financial year. This is expected to result in less full meetings of Te Rūnanga each year.

Whai Rawa distribution
Te Rūnanga received a paper on Whai Rawa showing that it would be possible to allow for a distribution to Whai Rawa members and outlining a number of options.
Option 1 allowed for no distribution and $0.77m to be set aside for other purposes.
Option 2 allowed for $25 distribution to all members and $0.34m to be set aside for other purposes.
Option 3 allowed for a $43 distribution to all members and $0.1m for other purposes.
Te Rūnanga approved Option 2, as recommended by the Office on the basis that it was both consistent with prior years and financially prudent.

Head office address
As a body corporate established by statute, Te Rūnanga is obliged to notify in the government Gazette each time it changes its address. Te Rūnanga therefore resolved to change its address to 50 Corsair Drive, Wigram, Christchurch, for the purpose of allowing this address to be gazetted.

Directors Appointments
Ngāi Tahu director roles held by former CEO Anake Goodall and former Ngāi Tahu Fisheries Settlement Limited (NTFSL) director Kypros Kotzikas were reassigned at this meeting.

A motion was moved to appoint Greg Campbell, in his capacity as Chief Executive of NTHC as director of NTFSL.

A motion was moved to appoint Mike Sang in his capacity as Interim CEO of Te Rūnanga as a director of:
Ngāi Tahu Fisheries Settlement Limited;
Ngāi Tahu Development Corporation Limited;
Te Rūnanga o Ngāi Tahu Limited; and
Te Tapuae o Rehua Limited.

Earthquake Recovery Working Group Terms of Reference
Te Rūnanga adopted terms of reference for its Earthquake Recovery Working Group. The terms of reference may be subject to change by Te Rūnanga as the needs and nature of the recovery effort become clearer.
Te Rūnanga also considered the potential for it to have a role in the new CERA structure created by the Canterbury Earthquake Recovery Bill. Te Rūnanga also agreed that if requested, it would provide a nominee to the Community Forum and that nominee would be Wally Stone.

Letter of Expectation
Te Rūnanga discussed its Letters of Expectation, issued to its entities days before the February 22 earthquake. It was considered that core business continue to be progressed and that the Kaiwhakahaere and the Representative for Rāpaki work with the Interim CEO to finalise the wording of the Letter of Expectation for the Office and NTHC.

Appointments
A series of new appointments were made by Te Rūnanga and are as follows:
Community Response Model Forum, Marlborough/West Coast Region, Ministry of Social Development:
o Gina-Lee Robertson
Community Response Model Forum, Otago/Southland Region, Ministry of Social Development:
o Maxie William Ferguson Duncan
Community Response Model Forum, Otago/Southland Region, Ministry of Social Development:
o Tracey Lee Wright Tawha
Tīti Islands Committee:
o Stewart Bull
Canterbury/Aoraki Conservation Board:
o Te Awhina Rangimarie Arahanga

In Committee
Te Rūnanga considered a number of issues including director appointments to Whai Rawa Fund Limited. Te Rūnanga agreed to appoint the Chair Dianna Crossan for a further term ending 31-7-2013 and Tā Tipene O’Regan for a further term ending 20-12-2012. It was also agreed to look to appoint another member of Ngāi Tahu Whānui to the Whai Rawa Board for succession planning purposes.

A decision was also made not to continue with an appeal case against the decision of McKenzie J of August 2009 in relation to the Judicial Review of the decision of the Waitangi Tribunal in the WAI 785 hearings. Te Rūnanga still considers the many findings of the Waitangi Tribunal to be erroneous as a matter of fact and law but notwithstanding this, has decided not to proceed with the current appeal on the basis that Ngāi Tahu is well advanced along the process of reaching mana to mana relationship with Te Tau Ihu iwi and that, to the extent it is possible to do so, this is Te Rūnanga’s preferred approach to resolving any issues which may arise between any of the iwi and Ngāi Tahu.

TE RŪNANGA O NGĀI TAHU MEETING 2 APRIL 2011
In April, Te Rūnanga held a requisitioned - short-notice meeting to be updated on developments resulting from the February 22nd earthquake, to consider the Kaiwhakahaere and Deputy Kaiwhakahaere election process and to consider the re-population of Te Rūnanga’s committees.

Earthquake update
Te Rūnanga received a report from Interim CEO Mike Sang about the impact of the February 22nd earthquake on operations. Mike Sang reported that there was immense relief that no Te Rūnanga Group staff were seriously injured in the earthquake. He also reported on the huge commitment by many staff who had worked under significant pressure to allow operations to continue. Most Te Rūnanga Group staff (apart from Seafood) had relocated to Wigram where the work space was mostly in portacoms; some staff had also been working from Papatipu Rūnanga offices.

Te Rūnanga commended the efforts that had been made to get things up and running again so quickly and agreed that the welfare of all Ngāi Tahu staff was paramount.
It was reported that the impact of the earthquake could mean a reduction in projected spending due to some projects being delayed, and that details of this would be brought back to Te Rūnanga in due course.

Taonga in Te Waipounamu House
The safety and security of our taonga in Te Waipounamu House after the 22 February earthquake is a priority for Te Rūnanga and for management. It was reported that all whakapapa records including the working files are secure at this time and plans are in place to retrieve all taonga as safety and security issues allow.

Te Rūnanga committees/election process
Te Rūnanga discussed together a paper on the proposed framework for populating the committees of Te Rūnanga and a paper on the timing of the Kaiwhakahaere and Deputy Kaiwhakahaere appointments.

Te Rūnanga strongly agreed on the need for a clear and fully mandated governance structure and the agreement on and appointment to committees as a key step.

Representatives discussed the potential of both papers, including budget ramifications and the implications of the earthquake. After a straw poll vote it was agreed that Te Apārangi, which is the Te Runanga committee that looks after external issues and appointments, should consist of six to seven members including an elected chair; and that a new committee called Tuarua, will be responsible for internal matters such as annual planning, consist of six to seven members including an elected chair. The Kaiwhakahaere and Deputy Kaiwhakahaere would be members of both committees. In addition, Te Rūnanga agreed that an Earthquake Recovery Committee be formed for 6 to 12 months to support the Kaiwhakahaere and interim CEO to plan a recovery/response to the earthquake from a governance perspective and to reflect the roles of the Christchurch rūnanga.

On the matter of the timing of the Kaiwhakahaere and Deputy Kaiwhakahere appointments, Te Rūnanga discussed the ramifications of extending the period for nominations due to the impact of the earthquake particularly on Christchurch-base rūnanga who were concerned they would not be able to properly participate in the timeframes required. There was some concern that the notification had already gone out and the need to give the Kaiwhakahaere a full mandate to proceed in the interim.

After the discussion it was agreed to extend the nomination period for the Kaiwhakahaere and Deputy Kaiwhakahaere in order to conduct an election in September 2011. The meeting also confirmed the full mandate of the Kaiwhakahaere until the election date.

Appointments
Te Rūnanga also moved a motion instructing management to return to the next meeting with a decision paper recommending that the following appointments be made to Te Rūnanga’s major committees:

Te Aparangi: Kaiwhakahaere, Tūāhuriri, Moeraki, Wairewa, Awarua, Waihao, Ōtākou.

Tuarua: Waewae, Hokonui, Waihōpai, Puketeraki, Ōnuku, Ōraka-Aparima, Arowhenua

Contracts Review Committee (CRC): Taumutu, Arowhenua, Koukourarata

Te Rūnanga Audit and Risk Committee (TRARC): Ōtākou, Hokonui, Waihōpai

Earthquake Recovery Committee (ERC): Rāpaki, Koukourarata, Tūāhuriri, Kaikōura

In Committee
Te Rūnanga considered a number of issues including earthquake recovery matters, the relativity mechanism, boundary protection, Emissions Trading Scheme (ETS), freshwater, aquaculture and Foreshore and Seabed matters.

TE RŪNANGA O NGĀI TAHU MEETING 19-20 FEBRUARY 2011

In February, Te Rūnanga received quarterly reports from the Office, Whai Rawa, NTFSL, and Ngāi Tahu Holdings Corporation. There will be a more in depth update in e-pānui which has been delayed due to the earthquake.

The Office was tracking to be on budget by the end of the year although it was noted that some projects were likely to be held over for the 2011- 2012 year.

NTHC had pleasing quarterly results in all areas apart from Tourism where extreme weather events during December had resulted in lost days/trips. Overall, at the mid point in the financial year, NTHC was tracking ahead of budget.

Whai Rawa Funds Limited were forecasting a budget surplus due to a lower than projected number of members who were enrolled and who had deposited enough funds to receive the matched savings. Te Rūnanga will consider the question of whether to use that surplus to provide a dividend to all Whai Rawa members at the April 16 meeting .

Te Rūnanga Committees
Te Rūnanga had a wide ranging discussion, some of which was held in committee, on its governance arrangements and its current committee structure. It was agreed that a further paper would be considered at the next meeting of Te Rūnanga.

Appointments
Te Rūnanga agreed to extend the term of the Trustees it appoints to He Oranga Pounamu until September 2011 to allow the Trustees time to bring back a proposal on the future direction of HOP.

Letter of Expectations
Te Rūnanga approved letters of expectations for all of its major subsidiaries (NTHC, WRFL, NTFSL) and for the Office of Te Rūnanga. These letters set out various matters which Te Rūnanga wishes its Boards and Office management to be aware of and or give effect to for the 2011-2012 financial year.

Ngāi Tahu Seafood
The Ngāi Tahu Seafood Board provided Te Rūnanga with an annual briefing on issues relating to the seafood company including a reflection on current performance and future aspirations. This was followed by an informal gathering which provided a great opportunity for Representatives to have discussions with board members.

In Committee
The concept of the House of Tahu was presented and discussed. A decision paper on the House of Tahu was to be prepared for the April meeting, however given the February 22nd earthquake this is on hold for now.