BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA

ENV-2018-AKL-000078

IN THE MATTER of the Resource Management

Act 1991 (RMA)

AND

IN THE MATTER of the direct referral of

applications for resource

consent for the necessary

infrastructure and related

activities associated with

holding the America's Cup in

Auckland

BETWEEN PANUKU DEVELOPMENT

AUCKLAND

Applicant

AND AUCKLAND COUNCIL

Regulatory Authority

REBUTTAL EVIDENCE OF FIONA ROBYN KNOX ON BEHALF OF

PANUKU DEVELOPMENT AUCKLAND

(CORPORATE)

4 September 2018

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1. INTRODUCTION

1.1 My full name is Fiona Robyn Knox. I have prepared a primary statement of evidence

dated 7 August 20181, and confirm my qualifications and experience as set out in

paragraphs 1.1 to 1.5 of that evidence.

2. SCOPE OF REBUTTAL EVIDENCE

2.1 I have reviewed the following statements of evidence:

a) Keith Ingram on behalf of the Tug William C Daldy Preservation Society dated

22 August 2018;2

b) On behalf of Mana Whenua in support:

i. Ngarimu Blair dated 28 August 2018;3

ii. Professor David Williams dated 28 August 2018;4

iii. Dr Malcolm Patterson dated 27 August 2018;5

iv. Andrew Brown dated 28 August 2018;6

v. Morehu Wilson dated 24 August 2018;7 and

vi. Edward Ashby dated 27 August 2018;8

c) On behalf of Mana Whenua in opposition:

i. Two statements from Karen Wilson dated 28 August 2018;9

ii. Martin Te Moni dated 28 August 2018;10

1 EB Vol 1, E2. 2 EB Vol 3, E71. 3 EB Vol 4, E72. 4 EB Vol 4, E73. 5 EB Vol 4, E74. 6 EB Vol 4, E75. 7 EB Vol 4, E76. 8 EB Vol 4, E78. 9 EB Vol 4, E80 and E81. 10 EB Vol 4, E82.

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iii. Marian Smith and Josephine Peita dated 28 August 2018;11

iv. Dennis Kirkwood dated 28 August 2018;12

v. Zaelene Maxwell-Butler dated 28 August 2018;13 and

vi. Luke Faithful dated 28 August 2018.14

d) Lester McGrath15 and John Parlane16 on behalf of Auckland Theatre Company

dated 21 August 2018.

2.2 In this rebuttal evidence I:

a) Provide comments on the matters raised by Mr Keith Ingram of the Tug William

C Daldy Preservation Society (the Society);

b) Provide an update on the first two meetings of the Community Liaison Group;

c) Provide comments on Panuku’s views on the appropriate Forum to be

established under condition 5;

d) Provide brief comments in relation to the cultural centre feasibility study; and

e) Provide brief comments in relation to the matters raised by Auckland Theatre

Company in relation to loss of carparking.

3. TUG WILLIAM C DALDY PRESERVATION SOCIETY

3.1 Panuku, through its predecessor Waterfront Auckland, provided the Society with

berthage on Hobson Wharf. The Heads of Agreement (HOA) between Waterfront

Auckland and the Society (4 August 2012) was attached to Mr Ingram’s evidence.17

3.2 In the HOA, Waterfront Auckland recognises the Society’s responsibility and duty of care

in preserving maintaining and operating the heritage steam tug William C Daldy (the

11 EB Vol 4, E83. 12 EB Vol 4, E84. 13 EB Vol 4, E85. 14 EB Vol 2, E86. 15 EB Vol 3, E62. 16 EB Vol 3, E63. 17 EB Vol 3, E71, page 2207.

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Daldy) as the last of her type and class still in survey in the world today. This vision was

shared by Waterfront Auckland so that the community of Auckland may continue to enjoy

the by-gone-era of steam, while stepping back in time into the early history as part of the

legacy left from Auckland’s waterfront and the Ports of Auckland.

3.3 In the HOA, the berth rental was therefore set at $1.00 per annum (see clause 1 of the

HOA). This is in a location where the commercial value of the berth on the northern side

of Hobson Wharf is significantly more. This concessional rental for the Society has been

at the cost ultimately to the ratepayers of Auckland of $60,000 in equivalent commercial

berthage rental income per annum. This represents a value of $360,000 of foregone

berthage since the HOA was signed in 2012. Under the HOA the Society has also had

the benefit of on Hobson Wharf and the proximity to the New Zealand Maritime Museum

of 4 carparks at no charge (see clause 7 of the HOA).

3.4 Under the HOA, Panuku is under no obligation to provide a replacement berth or meet

any relocation costs, upon notice being given.

3.5 Due to the construction works that are necessary on Hobson Wharf, and the start date

for those works scheduled for November 2018, Panuku gave formal notice to the Society,

with an exit date of 21 October 2018 to coincide with completion of the Auckland Heritage

Festival.

3.6 The Council Group has been working on finding an alternative location.

3.7 On 30 July 2018, the day of Environment Court mediation, a solution was offered by the

Ports of Auckland Limited (POAL), for berthage at the Admiralty steps alongside Queens

Wharf.

3.8 The option to berth at the Admiralty steps was a discussion that was first held between

Mr Ingram and a senior representative at POAL. I subsequently became involved in

these discussions with Mr Ingram and representatives of POAL. Collectively, this was

seen by Mr Ingram, Panuku and POAL to be an excellent outcome for the Society, next

to a major public wharf jointly owned by Panuku and the New Zealand Government and

managed by Regional Facilities Auckland. This location would be one that could provide

a high degree of visibility to residents and visitors.

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3.9 An offer letter was provided to the Society by Auckland Council on 8 August 2018.

Auckland Council committed funding to ensure that fit for purpose infrastructure could be

provided to ensure safe berthage and access. Panuku also committed to land side space

to accommodate ancillary activities.

3.10 There were a series of email exchanges between myself and Mr Ingram and a number

of phone calls. I arranged for meetings and site visits with Keith Ingram and Panuku

representatives, our Marina Manager and our project manager. I also discussed with

POAL representatives who would be the most appropriate engineers to progress this

option in time and deliver infrastructure in time for 28 October 2018. This included putting

in a number of piles, to the value of $150,000 to ensure safe berthage. It also required

discussions within Panuku as to providing landside support, including car parking and

re-arranging the Queens Wharf entrance way to facilitate pick up and drop offs. POAL

also looked into moving the current fence between Captain Cook apron and Queens

Wharf to facilitate access for the Daldy.

3.11 Through further investigation, with Panuku’s project manager, Mr Ingram and POAL, it

became apparent that having to move the Daldy when major cruise vessels came in to

berth on Queens Wharf East, was operationally challenging.

3.12 Further options therefore had to be explored. On 21 August 2018, POAL offered an

alternative location for the Daldy on the western edge of Princes Wharf. This provides a

berth within the near proximity to the New Zealand Maritime Museum so that the Society

can remain in close association with the maritime history contained within the museum.

The location also provides a higher degree of visibility than that provided on Hobson

Wharf.

3.13 Panuku’s Project Manager is working with the Society and POAL on making this location

fit for purpose. There will be some physical works to accommodate berthage at Princes

Wharf, and the Council Group has committed to funding those works.

3.14 POAL is currently drafting a berth licence with terms and conditions that provides

sponsored berthage for the period of two years. With POAL Board approval this can be

extended to three years. The draft licence is expected to be with the Society within the

next day and it may take some time to finalise the details with the Society. I have been

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liaising with both the Society and POAL to facilitate the relocation as best I can given the

new area is not in Panuku’s jurisdiction.

3.15 Mr Keith Ingram in his evidence has requested that same or similar facilities are provided

now and into the future on an alternative location. I can confirm that best endeavours on

this will be made for the future. However, I note that like for like might not always be

manageable and some flexibility on both sides will be needed.

3.16 During the two to three-year period, the Society and the Council Group may be able to

explore a preferred longer term location within the Maritime Museum waterspace

adjacent to the new Hobson Wharf Breakwater on the eastern side of the wharf.

Alternatively, other berthage space opportunities may present themselves, including the

possibility of staying at Princes Wharf.

4. UPDATE ON THE ESTABLISHMENT OF THE COMMUNITY LIAISON GROUP

4.1 I have been asked to provide a brief update on the two meetings of the Community

Liaison Group (CLG) that have been held by Panuku and the Alliance on Tuesday 14

August and Tuesday 21 August 2018. As detailed below, a number of parties to the

Environment Court direct referral proceedings attended these meetings. I attended both

meetings as one of the Panuku representatives.

4.2 Invites were sent out on 6 August to those parties who indicated an interest, section 274

parties and the body corporates of the apartments in the Viaduct Harbour and Wynyard

Precincts. Reminders were sent on 9 August 2018.

4.3 On the meeting on Tuesday 14 August, the following was presented:

a) An overview of the function and responsibilities of the Group;

b) The current timelines;

c) The Project, the construction programme and the management plan framework;

d) Pre-hearing consultation process with submitters and section 274 parties, and

how feedback received from these parties has already been integrated into the

plans that have been prepared.

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4.4 There were 14 CLG members in attendance represented by:

a) ASB

b) ASB Waterfront Theatre

c) City Centre residents’ group

d) Empire Capital

e) Fu Wah

f) Fonterra

g) Heart of the City

h) Hirepool

i) NZ Marine

j) Sanford

4.5 On the meeting on 21 August, the focus was on the review of management plans.

Experts from the Wynyard Edge Alliance, Panuku, America’s Cup Events Limited (ACE)

and Auckland Tourism Events and Economic Development (ATEED) were available to

present and answer questions from the CLG attendees.

4.6 The following management plans were pre-circulated and presented:

a) Construction environmental management

b) Construction noise and vibration management

c) Construction traffic management

d) Event Management

4.7 There were 13 CLG members in attendance from:

a) ASB

b) ASB Waterfront Theatre

c) City Centre residents’ group

d) Empire Capital

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e) Fu Wah

f) Fonterra

g) Kiwi Property

h) Lighter Quay Resident

i) Precinct Properties

j) Sanford Limited

k) Stolthaven

4.8 Apologies were received from Heart of the City, Tramco, Spirit of Adventure, City Centre

Resident Group, NZ Marine, St Mary’s Bay Association and Empire Capital.

4.9 There was a good level of interaction and engagement and interaction between CLG

members, the Council Group, WEA and ACE. Questions and further requests for

information have been recorded, actioned and reported back to the CLG.

4.10 There is a commitment to meet monthly. The next meeting will be held on 27 September

2018 with the following meeting convened on the 25 October 2018. Underscoring the

level of commitment from parties, it is noted that CLG members have committed to host

subsequent meetings of the Forum.

5. MANA WHENUA FORUM

5.1 At paragraphs 6.7 and 6.8 of my EIC18 I discussed condition 5 and the proposed use of

the existing Auckland Council facilitated Mana Whenua Kaitiaki Forum (MWKF) to assist

Panuku to prepare the America’s Cup Kaitiaki Engagement Plan (required under

conditions 5A-5F). Mana Whenua in opposition do not support the use of the existing

Auckland Council Forum and instead seek that a new Forum be established with

invitations to the 13 iwi and hapu identified in the Collective Redress Act.

5.2 To assist the Court I have been asked to provide further background and information in

relation to the existing Mana Whenua Kaitiaki Forum.

18 EB Vol 1, E2, page 0033.

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5.3 The MWKF is an informal entity, sponsored by Council but governed and managed by

mana whenua. The Forum meets bi-monthly (planned to go monthly from October 2018)

and its purpose is “to support Mana Whenua entities to give effect to their responsibilities

as Kaitiaki in an efficient and effective manner, with a focus on significant issues and

opportunities affecting people in Tāmaki Makaurau”. A copy of the terms of reference

for the MWKF is attached to this statement of evidence as Appendix A.

5.4 Membership of the MWKF is open to each of the 19 Mana Whenua entities that have

interests in the Auckland Council / Tāmaki Makaurau area:

a) Ngāi Tai ki Tāmaki

b) Ngāti Maru

c) Ngāti Tamaoho

d) Ngāti Te Ata Waiohua

e) Ngāti Whanaunga

f) Ngāti Tamaterā

g) Ngāti Whātua Ōrākei

h) Te Ākitai Waiohua

i) Te Patukirikiri

j) Te Kawerau ā Maki

k) Ngāti Pāoa

l) Ngāti Whātua o Kaipara

m) Te Rūnanga o Ngāti Whātua

n) Ngāti Wai

o) Ngāti Manuhiri

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p) Ngāti Rehua Ngāti Wai ki Aotea

q) Te Uri o Hau

r) Te Ahiwaru Waiohua

s) Waikato-Tainui

5.5 Eighteen of the nineteen Mana Whenua who are recognised by Auckland Council as

having territorial affiliations to the Tāmaki Makaurau area have chosen to participate as

members of MWKF (Ngāti Wai Trust Board has chosen not to participate at this time).

5.6 The Council supports the Forum by providing office and meeting space and other

logistical support including a secretariat. The Forum has two elected co-chairs. The

Forum has been operating since June 2017, and prior to that MWKF ran informally.

5.7 The Forum includes all of the Mana Whenua groups who have joined the Environment

Court direct referral proceedings as section 274 parties. It also includes all of the 13 iwi

and hapu identified in the Collective Redress Act. It also includes a further five members

who are neither members of Ngā Mana Whenua o Tāmaki Makaurau or parties to these

proceedings (those groups listed as 14-19 above in paragraph 5.4).

5.8 Panuku does not wish to exclude any Mana Whenua who may have an interest in the

America’s Cup project in the lifetime of both the Event (10 year period) and occupation

of the CMA (35 year consent).

5.9 I confirm that it remains Panuku’s preference to use the existing MWKF on the basis that

it is existing, inclusive and is open to all 19 Iwi who are recognised by Auckland Council

as having territorial affiliations to the Tāmaki Makaurau area, to assist in the preparation

of the America’s Cup Kaitiaki Engagement Plan.

5.10 In addition, the Co-Chairs of the MWKF also sit on the City Centre Chief Executive

Steering Group (Chief Executives from Auckland Council, Panuku, ATEED, Regional

Facilities Auckland, Auckland Transport and POAL). This Group has strategic oversight

and decision making powers on behalf of the Council group for, amongst other things,

city centre waterfront and downtown project programmes.

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6. CULTURAL CENTRE FEASIBILTY STUDY

6.1 Mana Whenua in support have identified the establishment of a cultural centre as project

legacy necessary to offset adverse cultural effects of the proposal. This is discussed in

Mr Brown’s evidence in chief on behalf of Mana Whenua in support.19

6.2 My understanding is that the concept of a cultural centre in the vicinity of the Auckland

CBD waterfront has been promoted for a number of years. To my knowledge it remains

a generalised concept and no study has been undertaken about where any such centre

might best be located on the waterfront, how it would be funded and who would meet its

operating costs.

6.3 I am aware that Panuku has agreed to support an investigation into the feasibility and

optimal location for a potential cultural centre so that the concept could be progressed to

the next stage. As noted by Mr Brown this work will be undertaken outside of this consent

application. The work will be led by ATEED, not by Panuku, and ATEED has agreed to

this role. Panuku will provide support, along with Regional Facilities Auckland, and it is

hoped Mana Whenua groups will wish to also contribute.

7. AUCKLAND THEATRE COMPANY CARPARKING

7.1 In the evidence on behalf of the Auckland Theatre Company (ATC) concerns are raised

as to the removal of carparking currently used by Theatre patrons on Brigham Street

(Panuku land leased to ASB) and the Jellicoe Street public carpark. Specific traffic and

planning matters are addressed in the rebuttal evidence of Joe Phillips and Karl Cook /

Vijay Lala on behalf of Panuku.

7.2 The only further comment I would make is in relation to the tenure of those carparking

spaces “relied upon” by Auckland Theatre Company:

a) The lease Panuku has with ASB in relation to the Brigham Street carpark (being

removed to provide for Bases C and D) expires in June 2023 with no right of

renewal. Alternative arrangements until that date have been agreed with ASB,

in part utilising the Downtown Carpark and in part, 100 carparks on Site 18 in

19 EB Vol 4, E75 at paragraphs 5.16-5.21.

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Wynyard Quarter. Panuku has no obligation after that time to provide car

parking to ASB.

b) I understand (from Mr Parlane’s evidence) that a third-party agreement between

ASB and ATC to use some of the 100 Site 18 car parks on Brigham Street after

hours has been reached (apparently 50 carparks). Site 18 provides better

amenity and accessibility than the Brigham Street carpark.

c) At the Jellicoe Street Carpark (beside Silo Park), there are approximately 150

carparking spaces available for the public, including customers and visitors to

businesses in the Precinct. The carpark is managed by Auckland Transport on

behalf of Panuku. The carpark is a temporary use of the site, until such time as

development occurs to the level anticipated in the Unitary Plan. Based on

current development projections this is not expected to occur in the 10 year

period of the consent. So apart from within any 6-month event period where

there may be some limitations to its use, it will continue to be available to ATC

patrons.

Fiona Robyn Knox

4 September 2018

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APPENDIX A

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TERMS OF REFERENCE

JULY 20161

Background

1. The Mana Whenua Kaitiaki Forum (the Forum) was established in 2012 by Mana

Whenua entities with interests in the Auckland Council (Council) area and Watercare

Services Limited (Watercare).

2. The Forum, Council, Council Controlled Organisations (CCOs) and government

agencies have moved the agenda of the Forum beyond water issues, reflecting a wide

ranging desire to engage with Mana Whenua entities jointly as well as individually.

3. In January 2016 the Forum resolved to expand its mandate to reflect its evolving role in the region. The new mandate enables the Forum to consider issues and opportunities of regional and national importance as set out in the scope of this document. The new mandate is to be implemented from 1 July 2016.

4. These terms of reference reflect the evolving and continuing role of the Forum and do not represent a new start. However, from 1 July 2016 Watercare will no longer be a member of the Forum.

Limited Role and Membership

5. The Forum does not represent or act on behalf of the individual Mana Whenua entities with interests in the Council area. Each Mana Whenua entity retains its autonomy.

6. Membership of the Forum is open to each of the nineteen Mana Whenua entities listed in Appendix 1 with interests in the Council area, or their successor entity.

7. Membership of the Forum will be supported by a letter from the Chair of the respective Mana Whenua entities.

8. Each participating Mana Whenua entity can appoint one representative to the Forum

and one alternate representative. These representatives must be able to make

decisions at Forum meetings on behalf of the entity they represent, for items where the

proposed decision is identified on the notified meeting Agenda.

1 Including changes adopted at 14 July 2016 Forum meeting

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Purpose

9. The purpose of the Forum is to support Mana Whenua entities give effect to their

responsibilities as Kaitiaki in an efficient and effective manner, with a focus on

significant issues and opportunities affecting people in Tāmaki Makaurau.

Scope

10. Within scope:

a) Identification of significant issues and opportunities as Kaitiaki (Mana Whenua) that affect the cultural, social, environmental and economic wellbeing of people in the Council area and the provision of guidance on how to address these issues

b) Working directly and through working groups with Auckland Council group and Government agencies and representatives to address matters of national and regional significance where these affect multiple Mana Whenua entities in the Council area to advance a Treaty of Waitangi-based relationship

c) Establishing and seeking resourcing for a work programme that enables the Forum to advance Mana Whenua in the Auckland Council area

d) Engagement with private sector parties where this helps achieve the purpose of the Forum

e) To enable economic opportunities for all participating entities through relationships

11. Out of scope:

a) Treaty of Waitangi claims

b) Limiting the rights or obligations of any individual Mana Whenua entity

No Liability

12. The Forum will not take on any liabilities on behalf of its members or funders, nor will it impose any liabilities on any of its members or funders (Refer Appendix 2). In particular the Forum will not:

a) Act on behalf of any Mana Whenua entity or Mana Whenua entities

b) Take on any legal or financial liabilities

c) Act in a way that imposes legal or financial liabilities on its member Mana

Whenua entities or its funders

d) Hold any assets

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Chairs

13. The Forum shall elect from among its members two Co-Chairs.

14. Either or both Chairs shall preside at each meeting of the Forum where they are present.

15. The Chairs shall have a term of twelve months and are eligible for re-election with no limit on the number of consecutive times they may be elected.

16. Election of the Chairs is to occur at a general meeting of the Forum to be held between 1 July and 30 July each year, or at the next general meeting of the Forum after July.

17. Notice of the meeting at which the election of the Chairs will occur is to be notified to each Forum member entity no less than 14 days in advance of the election.

18. The Chairs will be elected by simple majority of those present who are eligible to cast a vote, with only one person voting from each of the Mana Whenua entities eligible to vote.

19. The election method shall be:

a) Election of the Chairs will be an item on the Agenda of the general meeting

b) An independent facilitator will invite nominations from the meeting for the Chairs positions, only individuals who are representatives of a Mana Whenua entity listed in Appendix 1 of this document can be nominated and individuals can nominate themselves

c) The independent facilitator will then call for a vote on each of the nominated individuals by those members present or the alternate (but not both) being asked to raise their hand to show a vote for the individual being voted on. Each member or alternate present (but not both) can vote for two individuals

d) If there is a tied vote further votes will be called for the tied individuals only until a winner is achieved

e) Proxy votes can be cast so long as the proxy authority is provided in writing and is shown to the independent facilitator at the meeting

f) Once the election is complete the new Chairs will take over immediately as Chairs of the meeting and exercise the responsibilities of the Chairs as set out in these Terms of Reference

20. The responsibilities of the Chairs are listed in Appendix 3.

Quorum

21. A quorum exists if ten or more of the Mana Whenua entity members of the Forum are represented, including one of the Chairs.

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22. If seven, eight or nine of the Mana Whenua entity members of the Forum are represented, including one of the Chairs, the meeting can consider the business on the Agenda but no voting can occur.

Consensus and Voting

23. The Forum will seek to achieve consensus on issues and to reflect the diversity of views

held by representatives.

24. From time to time the Chairs of the Forum can call for a vote to determine the

preference of the meeting and to make a decision if a decision needs to be made to

advance the work programme.

25. If a vote is called each Mana Whenua entity can cast only one vote. No proxy votes can

be cast, except when electing the Chairs.

26. Members are required to identify any conflicts of interest before a vote is cast, which will

be recorded in a Register of Interests.

Disputes

27. The Forum has a limited role and scope, and will not address disputes that do not arise

as a direct result of a decision, resolution or action taken by the Forum or its Chairs.

28. If a dispute arises between members of the Forum as a direct result of a decision,

resolution or action taken by the Forum or its Chairs the following procedure will apply:

a) The Forum Chairs will bring the parties together to seek a resolution

b) If a) does not work or the parties believe an independent person should be involved, including if one or both of the Chairs are party to the dispute, then the parties can at their own cost work with a suitable third party to try and resolve the issue

c) The Forum Chairs, at their discretion can refer the matter to a meeting of the Forum for its consideration and advice

Work Programme and Resourcing

29. The Forum will seek to agree a funded and resourced work programme with the Auckland Council group and any other funding parties before 1 July each year (Refer Appendix 4).

30. The Forum will consider establishment of work groups to help advance the work programme and to provide the Forum with sound advice (Refer Appendix 5).

31. Remuneration of Forum members, their alternates and working group members will be agreed with funders from time to time with reference to the approach set out in Appendix 6.

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Review

32. The Forum will annually review its performance against its Strategic / Kaitiaki Plan and funded work program. The review might include input from funders and other key stakeholders

Changing the Terms of Reference

33. The Forum can change the text of the Terms of Reference using the following

process: A request to change the Terms of Reference must be raised at a general

Forum meeting and if the meeting resolves to consider the change then:

a) A letter must be sent to the Chairs of the member Mana Whenua entities stating that a change to the Terms of Reference has been sought, the text of the change, the reason for the change and a statement of the likely impact on the role of the Forum

b) The letter to the Chairs of the member Mana Whenua entities must allow at least 20 working days between the letter being sent and the matter being considered further by the Forum

c) The proposal to change the Terms of Reference is to be an item on the Agenda of the next or subsequent general meeting of the Forum (from when the letter is sent) and is to be voted on at that meeting

d) A proposal to change the Terms of Reference will only be accepted if 60 percent or more of members vote in favour of the change

34. The Forum will only address changes to the Terms of Reference a maximum number of two times in a twelve month period from 1 July to 30 June.

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Appendix 1 Mana Whenua Entities

1. Makaurau Marae Māori Trust

2. Ngā Maunga Whakahii o Kaipara Trust

3. Ngai Tai Ki Tāmaki Tribal Trust

4. Ngāti Manuhiri Settlement Trust

5. Ngāti Maru Rūnanga Incorporated

6. Ngāti Rēhua – Ngāti Wai ki Aotea Trust

7. Ngāti Tamaoho Trust

8. Ngāti Paoa Iwi Trust

9. Ngāti Tamaterā Settlement Trust

10. Ngāti Wai Trust Board

11. Ngāti Whanaunga Incorporated

12. Ngāti Whātua Ōrākei Trust

13. Te Akitai Waiohua Iwi Authority

14. Te Ara Rangatū o Te Iwi o Ngāti Te Ata Waiohua

15. Te Kawerau Iwi Tribal Authority

16. Te Patukirikiri Incorporated

17. Te Rūnanga o Ngāti Whātua

18. Te Uri o Hau Settlement Trust

19. Waikato-Tainui Te Kauhanganui Incorporated

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Appendix 2 No Liability

The Forum will not take on any liabilities on behalf of its members or funders, nor will it impose any liabilities on any of its members of funders. In particular:

The Forum’s involvement in Resource Management Act and other legal proceedings will be limited. The Forum will not oppose projects where it might face costs; this type of action would be the responsibility of individual Mana Whenua entities. The Forum is able to make submissions on matters of interest to it but will limit the extent of that action to avoid any legal or financial liabilities.

The Forum will not be an employer. Any staff committed to supporting the Forum would need to be employed and / or contracted by, for example Council. On a day-to-day basis staff could report to the Chairs of the Forum. However, the ultimate employer – employee relationship would be with Council.

The Forum will not formally hold any contracts to deliver analysis or reports. A funder, such as Council, might seek analysis on, for example, the practical application of Te Mana o Te Wai as set out in the National Policy Statement Freshwater Management. The Forum could lead the delivery of this work, including deciding on appointment of any consultants. However, the contractual relationship and payment of fees would be between Council and those to be paid. Prior to payment being made the Forum would agree that the work had been delivered to a satisfactory standard.

The Forum will not lease an office or associated equipment. Any such operating requirements would need to be provided by a funder, such as Council.

Appendix 3 Chairs

1) It is intended that the Chairs of the Forum have an executive Chair role limited to the following:

The Chairs are able to meet with representatives of public and private sector groups and express views on behalf of the Forum to help advance programmes and projects

The Chairs are able to make decisions as to how the Forum work programme should be given effect, so long as those decisions are consistent with the direction and any resolution of the Forum

The Chairs are responsible for finalising the Agenda for each meeting

The Chairs are responsible on a day-to-day basis for directing any staff that are supporting the Forum, whether the staff are part of a paid secretariat or contracted for a specific task

The Chairs are able to attend each working party meeting

2) The Chairs shall agree together how to divide their responsibilities

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Appendix 4 Delivery of the Work Programme

1) The Forum will agree an annual work programme and a ten year Kaitiaki - Strategic Plan with the Auckland Council Group. Other parties, such as government agencies can participate in this, and if so there is an expectation that they will contribute resources proportional to the benefit they could receive.

2) The work programme and its resourcing should be agreed before 1 July each year.

3) The work programme will identify the outcomes the Forum is seeking to achieve for the year and the key steps to meet the outcomes.

4) The Kaitiaki - Strategic Plan will set out the longer term goals of the Forum and the key steps to meet those goals. The Kaitiaki - Strategic Plan will be updated three yearly in parallel to the Council’s Long Term Plan review.

5) The Forum might establish working groups from time to time to help deliver the work programme. These working groups will develop sound, evidence-based advice for the Forum, drawing upon topic experts from outside the Forum as necessary.

6) It is intended that the working groups have a small membership based on relevant skills and expertise; i.e. it is not intended that each Mana Whenua entity represented on the Forum has a representative on each of the working groups.

7) It is intended that the working groups are in existence for a number of years so that they can develop their expertise on matters of significance.

8) Project-focused groups might also be established by the Forum to address specific issues or opportunities.

Appendix 5 Working Group Terms of Reference

1. The Forum will consider establishing working groups from time to time to help advance the Forum’s purpose. Each working group will be accountable to the Forum.

2. Each working group will be given a specific responsibility and terms of reference at its establishment, including whether the group has a coordinator.

3. The Forum Chairs are able to attend all working group meetings.

4. It is intended that working groups be established to provide expert advice to the Forum on significant issues / opportunities and as such it is anticipated they will operate for a number of years.

5. The working groups will have a key role as places where joined-up thinking about the whole topic occurs; for example, water is generally considered as a number of separate parts – harbours, oceans, fisheries, stormwater, drinking water, wastewater, etc. The working group would become the place where each topic is considered in an holistic manner.

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6. Working group members will be selected on a skill basis and it is not necessary for members to be Mana Whenua. It is intended that each working group become expert on its subject and provide expert advice to the Forum. This might take a number of years.

7. It is anticipated that each working group be supported by relevant subject matter experts resourced as part of the work programme.

8. There might also be short term project groups established as necessary and if this happens each project group will be given terms of reference also.

Appendix 6 Remuneration

1) All remuneration is subject to funding and can be reviewed with funders from time to time at the request of either the Forum or a funder.

2) Remuneration should reflect the following:

The Forum is to bring together senior representatives of Mana Whenua entities and resourcing should reflect this seniority

The working groups are to comprise individuals with relevant skill and expertise and resourcing should reflect this

3) Payments will be made to the entity represented at the Forum or working group not to individuals

4) A day rate will be agreed for Forum meetings and working group meetings, reflecting the expectation that each meeting will in effect require a day-long commitment

5) Hourly rates will be agreed for members of project-focused groups

6) Payments will be made for attendance at meetings; no attendance no pay

7) Only one person per entity will be paid for Forum meetings; if more than one person attends a meeting from an entity payment will not increase. For working groups the working group members will be paid regardless of whether there is more than one member from a Mana Whenua entity

8) It is anticipated that Council will act as ‘banker’ for the Forum. Payments will only be made on receipt of a GST invoice from the relevant Mana Whenua entity and the correct purchase order will be required to be noted on the invoice

9) Subject to confirmation with funding groups and budget it is anticipated that remuneration will be:

The Chairs roles will be funded approximately 0.25 FTE, with the fee referenced to the fee paid to a Chair of a senior Council committee (approximately $120,000 in 2016 for a full FTE). The Chairs will not receive additional meeting fees but can invoice for travel at $0.77 / km plus GST

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$1,000 per Forum or Working Group meeting, plus $0.77 / km travel plus GST, with parking costs ‘bundled’ into the day rate

$150 per hour for members of project-focused groups, plus $0.77 / km travel plus GST, with parking costs ‘bundled’ into the hourly rate

10) Additional time spent by Mana Whenua entity representatives on meeting preparation, etc. will not be funded by Council or its CCOs unless by special arrangement as this forms the in-kind contribution of Mana Whenua entities

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