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Item 1 - Attachment 1 |
Ngā Mānukanuka o te Iwi (Māori Committee)
Open Agenda Supplementary Items
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Meeting Date: |
Friday 26 July 2024 |
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Time: |
11.00am |
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Venue: |
Small Exhibition Hall |
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Livestreamed via Council’s Facebook page |
TABLE OF CONTENTS
Agenda items
1 Proposed District Plan Te Ao Māori Commissioner.................................................. 3
Ngā Mānukanuka o te Iwi (Māori Committee) - 26 July 2024 - Open Agenda - Supplementary Items
ORDER OF BUSINESS
Agenda Items
1. Proposed District Plan Te Ao Māori Commissioner
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Type of Report: |
Operational and Procedural |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
1778885 |
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Reporting Officer/s & Unit: |
Paulina Wilhelm, Manager City Development |
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1.1 Purpose of Report This report outlines the process for selecting a commissioner with an appropriate level of te ao Māori experience and tikanga expertise who will hear some topics on the Proposed District Plan.
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The Ngā Mānukanuka o te Iwi (Māori Committee):
a. Note the content of this report.
a. Endorse Option 1 as the preferred process to appoint the hearing panel members for the Proposed District Plan (PDP).
Given the number of submissions received on the PDP, it is recommended a panel of five commissioners be appointed, comprising:
· 2 elected members and 1 alternate who are already members of the Napier City Council Hearings Committee
· 1 independent hearing commissioner
· An external independent chair from outside of Hawkes’ Bay.
· 1 commissioner with the appropriate level of te ao Māori expertise (Māori commissioner)
The appointment of a Māori commissioner is recommended to hear sections of the PDP where the depth and knowledge of tikanga is warranted.
The Hearing Committee will select the hearing panel members but has recommended that the Māori commissioner is endorsed by the Ngā Mānukanuka o te Iwi Committee before being appointed by the Hearing Committee.
The other members of the PDP hearing panel, the chair and the independent commissioner, will also have good understanding of tikanga Māori.
Officers are currently engaging with mana whenua entities on the selection of the hearing panel and Māori commissioner. A list of Māori commissioners has been requested from Mana Ahuriri Trust, Mangaharuru Tangitū Trust, Ngāti Pārau and Te Taiwhenua. Officers will meet with the candidates, check availability, experience, expertise and costs and then present a selection to the Ngā Mānukanuka o te Iwi Committee for endorsement and then to the Hearing Committee for selection.
There is a wide range of skills a commissioner requires. These are listed in Attachment 1.
1.3 Background Summary
There are generally no legal statutory requirements as to how many commissioners are required for a process such as this. Principles contained in case law and common practice provide guidance as follows:
· The number of commissioners should match the scale of the decision that needs to be made, its complexity, and the experience and expertise of the commissioners. Any policies and guidelines drafted to guide councils in using commissioners should reflect this principle.
· Single-issue decisions of low complexity will generally require only one commissioner.
· Complex decisions, for example applications dealing with technical arguments on many different issues, may require two or more commissioners. One commissioner will often be employed to take into account the overall considerations of the application and guide the conduct of proceedings; the other(s) may consider the more detailed technical evidence according to their knowledge and experience. There should be sufficient expertise in the panel to ensure full understanding of the relevant evidence and information presented.
· The District Plan review attracts large numbers of submissions which warrant the use of more than one commissioner: the issues covered by submitters may be varied and require a range and depth of technical knowledge which no single commissioner can be expected to have.
· Some councils use an odd number of commissioners in hearings to avoid ‘stalemate’ situations. With an even number of commissioners, councils may want to identify which commissioner's view will prevail or have a casting vote (usually the chairperson or principal commissioner) in the appointment/delegation of powers to commissioners. For most hearings, no more than three commissioners should be needed.
Based on the guidance provided above, officers foresee the majority of the hearings will require at least 3 hearing commissioners in the panel, but some of the less complex hearings streams may require a lesser number.
1.4 Issues
The costs associated with the hearing process for the PDP can become an issue if not carefully considered and planned.
To effectively manage the budget and minimise the cost to ratepayers, it is recommended that no more than 3 commissioners attend most hearings, but there could be some instances where a lesser number may be required. This can be determined at a later stage once the complexity of the submissions is well understood. Once officers have finished assessing the complexity of all the submissions, they can suggest the number of commissioners needed for each of the hearings.
Holding some hearings online could also help with managing the budget. All the pre-selected commissioners will be asked if available to hold hearings remotely to reduce accommodation and travel costs.
1.5 Significance and Engagement
Engagement and discussion with mana whenua entities and the Ngā Mānukanuka o te Iwi Committee was deemed necessary for the selection of the Māori commissioner with an in-depth knowledge of tikanga who will hear some topics of the PDP. This complies with the requirements of the RMA.
1.6 Implications
Financial
The cost associated with the PDP hearings will be covered by operational budgets. Officers are planning to run an efficient hearing process to minimise costs.
Social & Policy
NA
Risk
Two risks have been identified in running the hearings for the PDP. These are:
1) The level of skills and expertise of the hearing commissioners
2) Any potential bias the hearing panel members may have.
These two risks are mitigated by appointing very experienced independent commissioners and appointing an external chair.
1.7 Options
The options available to Council are as follows:
a. Option 1: Engage with mana whenua entities to get a range of potential candidates, compare rates and expertise and then let the Hearing Panel select and appoint after endorsement from Ngā Mānukanuka o te Iwi Committee or,
b. Option 2: Run an Expression of Interest (EOI) process to identify the preferred commissioners.
c. Option 3: Do not appoint a specific Māori commissioner but select independent hearing commissioner with good understanding of tikanga.
Options 1 and 2 are robust processes, but the EOI is a lengthier process and resource intensive.
Option 3 is not recommended; a Māori commissioners will have the knowledge and expertise to hear the Sites of Significance to Māori and Significant Natural Areas Variations to the PDP.
Option 1 is recommended.
The RMA requires consultation with mana whenua entities on the composition of the hearing panel. For the PDP Variations (SoSM and Significant Natural Areas) officers suggest appointing a specific Māori commissioner.
1.8 Development of Preferred Option
Option 1 is recommended to appoint a Māori commissioner to hear some topics of the Proposed District Plan.
