Hokianga Accord Working Group
20 - 21 April 2006
Hokianga Accord working group hui took place on 20 - 21 April
Raniera T (Sonny) Tau (Ngapuhi), Graeme Morrell (Ngapuhi), Judah
Heihei (Ngapuhi), Scott Macindoe (option4), Paul Haddon (Ngapuhi),
Stephen Naera (Ngapuhi), Bruce Galloway (Mimiwhangata Guardians),
Trish Rea (option4), Richard Baker (NZBGFC), Naida Glavish (Ngati
Whatua), Rosemary Hauraki (Ngapuhi), Neha Hakaraia
(Ngapuhi), Rawiri Wharemate (Ngati Rehua), Sonya Williams (Ngati
Rehua), Robert Willoughby (Ngati Kuta), Bill Cooke (option4),
Stuart Ryan (Hesketh Henry)
| Jeff Romeril (NZBGFC),
Matu Clendon (Ngati Kuta), Kim Walshe (Ackroyd Walshe).
||Almorah Place, Newmarket, Auckland
- Follow up letter from the Ministry of Fisheries dated
5th April 2006.
- Confirm Hokianga Accord’s view on the Shared Fisheries
- Establish trustees and management for the charitable trust.
It was a bonus to get the
Working Group or 'short line-out' as it is now known, together so
soon after the Whitiora Hokianga Accord hui on the 6th and 7th of
April. Judah Heihei opened the short lineout hui with a karakia.
This was followed by a welcome from Scott Macindoe and the Auckland
based team. More people would be arriving during the course of the
evening and others the following day.
After Scott’s summary
of the agenda items Sonny gave a brief background outline of what
had transpired prior to the last hui, in particular the letters
from the Ministry denying the status of the Hokianga Accord as the
mid-north iwi Forum. Mark Edwards, MFish Fisheries Policy manager,
had confirmed the Hokianga Accord as the mid-north iwi Forum at
the Whitiora hui earlier in the month.
Questions needed to be
asked about the Ministry’s tactics particularly the exchange
of correspondence over the two days prior to the previous hui. Discussion
centred on whether these questions should be framed so they are
suitable to be asked in Parliament during question time. The hui
needed to decide who to give the questions to, whether Hone Harawira
was the appropriate person, or whether they should be given to Parekura
Horomia to follow up.
Hone Harawira was the
Te Tai Tokerau Member of Parliament. Parekura is the associate Minister
of Fisheries, the Minister of Maori Affairs and the Minister responsible
for Te Puni Kokiri. It seemed that Parekura was the best person
to start conversations with regarding the Hokianga Accord.
From a conversation Sonny
had recently with Parekura it seemed he was unaware about the difficulties
facing Maori in the north or the Hokianga Accord.
Sonny had asked for a meeting
with Parekura to discuss the Hokianga Accord’s concerns. Information
would be supplied to the Associate Fisheries Minister to support
The Accord needed to be
clear about its objectives and what it wanted from the Associate
Minister. A position statement or copy of the Kaupapa Whakahaere
would be given to him. A statement of intent in regards to the ongoing
issue of customary matters, the immediacy of dealing with the Shared
Fisheries Policy project and MPA's would be beneficial. If necessary,
a meeting with Jim Anderton, Fisheries Minister, would also be requested.
Scott Macindoe and
Trish Rea committed to delivering this information for Sonny.
A letter of complaint
about the Ministry’s obstructive behaviour needed to
be initiated. Receiving important correspondence the night
before Accord hui is unacceptable.
failure to address outstanding issues from the proportional
allocation document needs to be highlighted.
|Stan Crothers and other MFish staff made this
commitment at the July 2005 Whakamaharatanga hui of the Hokianga
letter should be from the perspective of a rights holder with
status rather than just a complaint about MFish inaction.
It should include a statement of what the short lineout’s
intent was in regards to the Ministry’s failure to fulfil
its obligations. This would put the onus of responsibility
back on the Ministry.
and Scott Macindoe to draft this letter.
In respect of the status
of the Hokianga Accord as the mid-north Forum, an OIA request should
be sent to the Ministry asking what the Justice Department’s
criteria was for iwi Forums and who holds that information. The
short lineout understands there are no criteria for Forum establishment.
The OIA request would confirm its existence, either way. The key
was, who held the responsibility for providing the capacity for
tangata whenua to have meaningful “input and participation”.
The Ministry has asserted
in a letter dated April 5th letter that the Hokianga Accord was
not an iwi Forum, Stan Crothers wrote ,
acknowledge your confirmation that the Hokianga Accord is the
expression of the relationship between Maori and non-Maori non-commercial
fishing interests in the mid North. It is not an iwi Forum
between the Ministry and Iwi.”
The issue of Ministry’s
obligation to Te Uri O Hau and Te Roroa hapu was their business
and was not related to the iwi Forum. MFish are well aware Te Roroa
have other issues to deal with right now. Talk about joining the
Hokianga Accord would have to wait until they had more time.
In contrast, the previous
Minister of Fisheries, David Benson-Pope had already acknowledged
the Accord as an iwi Forum in a letter dated 12th August 2005 .
“I am heartened
that you have agreed to commence work with the Ministry on the
development of regional iwi forums for Tai Tokerau as a means
to provide for the input and participation of iwi into fisheries
processes. I have been advised that you have chosen to invite
recreational fishers into your forum to ensure that iwi and recreational
fishers will be able to work together to address shared concerns.
resourcing for the forums was intended to provide a means to discharge
the Crown’s statutory duty to provide for the input and
participation of iwi into sustainability processes, I understand
and support your desire to work cooperatively with other stakeholders
in the fishery to develop a shared understanding of each others
values and objectives for the fishery and agreed solutions to
achieve those objectives.”
The short lineout asked
the Ministry for their interpretation of input and participation
in regards to tangata whenua involvement in MFish processes. This
request was made during the December hui. Their response arrived
on April 21st and is attached as Appendix
It also needs to be made
clear to the Minister and Associate Minister that the Hokianga Accord
was committed to being involved in the Shared Fisheries Policy project
and the Marine Protected Areas process (MPA). The Accord would not
be held up by ongoing discussions with the Ministry regarding an
MOU or focus purely on customary spatial tools.
The mana of Maori identity
is in the iwi. Iwi involved in the Hokianga Accord should make a
very clear iwi statement clarifying their total support for the
Hokianga Accord. Ngapuhi, Ngati Whatua and Ngati Wai had to clarify
their position, they were not just ‘part of the mix’
in the Forum, they held the mana of their iwi in the Accord.
Sonny Tau and Naida
Glavish to start work on these statements. Sonny would talk with
In 2004 the Ministry allocated
specific funds for the implementation of the MFish Treaty Strategy.
The Accord needed to confirm these figures in the table below, from
the 2004 consultation document, are what MFish finally agreed to.
MFish estimated costs
for the project (all figures in $m and GST inclusive) 
of the MFish Treaty Strategy
It was unclear where the
New Initiatives funding had been spent and this needed to be clarified.
It was accepted that some of this money had been used to establish
the Customary Relationship Unit, Te Tari o te Kahui Pou Hononga.
The New Initiatives funding
was consulted and agreed upon in early 2004. Funds would have been
targeted to specific areas before the Ministry had received its
budget. Questions should be pointed directly to the Minister asking
how the Ministry had fulfilled each of their targets, their obligations
to tangata whenua as set out in the funding schedule. An Official
Information Act (OIA) request asking for the background and process
since 2004 should be fairly straightforward.
The short lineout understands
Te Puni Kokiri (TPK) completed a report in 2004/05 specifying how
the Ministry of Fisheries was delivering on the Crown’s purchase
agreement, of building the capacity of tangata whenua. It is unclear
whether the report was made public. The Hokianga Accord should request
a copy this report, as it would have implications for all aspects
of Maori fishing interests, commercial, environmental, customary
An OIA to TPK or a direct
request to the Minister should secure a copy of this document. The
New Initiatives funding process would form part of this investigation.
Richard Baker to help
tangata whenua get these underway.
There was some discussion
whether the Hokianga Accord should accept an Extension Officer
or ask the Ministry for the cash equivalent in lieu of an
officer, until the Forum had agreed what role it wanted its
Extension Officer to perform.
Extension Officers had been appointed so far. Although based
in Nelson they were available to different areas until Ministry
had contracts for them to be regionally based. Tracey Kingi
had been appointed around four months ago and had been sent
north to work with Ngati Kuta on their rohe fisheries management
Under the purchase agreement
each iwi Forum has $20,000 to cover costs and also an Extension
Officer. The Hokianga Accord was ready for its Extension Officer.
The question to Ministry should be, when is the contract available
for the Extension services within the mid-north area?
The Accord does not need
an Extension Officer as such, the contract for purchasing services
was much more valuable to the Hokianga Accord. It was unrealistic
to expect one person to fulfil the role to provide for the “input
and participation” into fisheries management of the tangata
whenua from the mid-north.
Accord Hui Reports
Hard copies of the next
hui report would be published soon. A brief discussion occurred
about who would receive a hard copy from the Accord. The draft distribution
list currently totalled 300 copies, although this could be amended
by the time the report was prepared. A copy of the distribution
list, an invoice for all the reports and copies for MFish would
be sent to the Ministry via Stan Crothers.
At the last Hokianga Accord
hui it was agreed to establish a charitable trust separate from
the Forum that would have tax-deductible status for accepting donations.
It would also be capable of applying for funds from other funding
agencies, as long as the proposed project was for the benefit of
the public as per the trust deed.
Worse case scenario is
fourteen weeks from time of application to confirmation of the charitable
trust, “Guardians of the Sea Charitable Trust/ Nga Kaitiaki
A trust deed had been
prepared and reviewed by Bruce Galloway. It would be distributed
to the short lineout for feedback by the following day.
A minimum of two trustees
was required although five was the recommended number for the board.
Sonny advised that Teresa Tepania-Ashton, Te Runanga A Iwi O Ngapuhi
CEO, had agreed to be one of the trustees. A draft list of trustee
names would be sent through to Bruce as soon as the people had confirmed
Issues of governance would
be dealt with as soon as the trustees were confirmed. The board
would choose the chairman of the trust.
The Hokianga Accord would
obtain a bank account in its name; any incoming invoices need to
be electronic so these can be approved online. Three people would
be elected to be the approval team and the accounts person holding
the chequebook would complete payment.
The Hokianga Accord is
an iwi Forum and does not need to be incorporated, at this stage
anyway. Incorporation only takes a matter of weeks to complete if
the Accord decides it wants to formalise its structure.
Bruce would confirm later
if the Hokianga Accord had to be incorporated before it could receive
grants from the charitable trust.
The Hokianga Accord needs
to put together a budget for the next financial year and give that
to the Ministry of Fisheries as the model for what the Forum considers
it would meet its “input and participation” requirements.
The budget could be part of a business plan that also needs to be
designed for the Hokianga Accord for the next year.
Scott Macindoe and
Robert Willoughby to work on the plan and budget.
New Initiatives consultation document, MFish, 10 March 2004
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