Environment Court | Environment Court of New Zealand ......2018/07/12 · • Issue around cultural...

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ATTACHMENT A

RECORD OF AC36 PANUKU MANA WHENUA ENGAGEMENT : 1 SEPTEMBER 2017 – 11 July 2018

Date Channel Background/Purpose Decision / Outcome / Comments

11 September

2017

Panuku Mana Whenua

Governance workshop –

America’s Cup update

Introductory session to run through the current assumptions about the Americas Cup event. Discussion of draft criteria developed by Panuku for decision making, to inform the team base location.

Key points from workshop

• Mana Whenua very interested in the potential of the Cup • Interest in understanding the range of different work streams and how mana whenua would be involved under

each. It will be important to have the right representatives in the room different depending on what the topic is.

• Each representative at this Mana Whenua forum represents different interests and is independent from the others and should not be treated as a collective.

Noting the above, the key areas of interest:

• Governance - It was expressed that the best forum for further discussions is through Auckland Council Governance Forum.

• Location and infrastructure development - importance of decision making at the right level within mana whenua.

• Leverage and legacy

17 October 2017 Panuku Mana Whenua

Governance Forum:

AC36 Location Analysis

work led by Panuku

America’s Cup Location Analysis work led by Panuku presented and an update given in order for Mana Whenua to understand what critical decisions have to be made by when and how they will be involved.

Discussion points:

• Request for all assumptions and confirmed details of the America’s Cup event to be shared with mana whenua • Concern raised about not having specialist advice in time for these discussions. Panuku suggested advice

commissioned might be simplified to enable MW to engage without technical support, otherwise potentially Panuku and MW could share specialist advice.

• Concern regarding iwi that may not support the proposal. Panuku clarified that as an event of national and international significance, Panuku are responsible for providing input on location analysis and the legacy but cannot control the outcome.

• Confirmation that a self-selected committee will be created to help the Americas Cup Location Analysis work land on (the legacy of the developments and (2) the location of developments.

• Request for Panuku to share lessons learnt from previous Americas Cup (and major events) • Suggestion the group look at legacy outcomes referenced in Panuku’s initial inception workshops on values and that

the group reference mana whenua elucidation of Waterfront Plan visions. • That the Mana Whenua Kaitiaki Forum is the appropriate one to start with, as the Panuku Forum will not be

sufficient to land on a result.

30 October 2017 Panuku Mana Whenua



Introduction to AC36 technical work, lessons learnt from the past and Q&A, discuss availability of Technical Specialist Advice across AC36.

Discussion around interrelationship between other council projects and conversations had with Auckland Council’s CE and Crown ministries (TPK, OTS and MBIE) to enable greater integration.

Panuku noted that new harbour infrastructure highlights challenges and opportunities such as what mutual benefit can be delivered for Māori and non-Māori, and what genuine partnership looks like between Mana Whenua and Auckland Council. These conversations best had in a centralised way, led by the Council, through the Mana Whenua Kaitiaki Forum.

Discussion points:

• Mana Whenua have not had an opportunity to input into how the short listed sites were selected. Mana Whenua should have been engaged with prior to the short listing being completed.

• A ‘strategy’ be developed for the event that incorporates Mana Whenua outcomes and engagement • Request for reporting on how Mana Whenua outcomes measures, as separate to general Māori outcome

measures • Te Matatini (national kapa haka competition) is being held in Feb 2021, opportunities to align AC36 with Te

Matatini

• Need clarify on what the Mana Whenua engagement process is for the resource consent which will be lodged early 2018

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• Specialist advice for Mana Whenua, some Mana Whenua entities may need this support while others may choose not to use this resource.

• Need for advice around the broader location options so can identify issues around the options e.g. extent of environmental effects from dredging/piles

• Collective and individual mana motuhake needs to be acknowledged by Panuku. Marine body occupation is a collective issue; want Panuku to understand the difference between those involved in the collective redress. Collective benefit for 19, notwithstanding the outstanding issues around collective redress. All individual 19 to have benefits and have interests there.

• Commercial leverage has been expressed - not sure how this works but expect some of it will be addressed through RMA consenting process

• Seeking clarity on what role this forum has for consenting process. Understand need for haste and to get RC process underway, but what contribution does this forum make to that process. This doesn't take away the right for each iwi to consider the RC under their own individual processes. But can get consistency around what info is shared and presented. At a central govt level, need clarity on how consenting process will work and if there are options on how this might work. Interested in the steps in the process rather than the consent itself. Very interested in the legacy and leverage part of the discussion (incl. longevity)

• Support from the Mana Whenua representatives present for the caucus feedback to have Barker & Assoc as the planning specialist to provide support for Mana Whenua

6 November

2017

Mana whenua caucus

with their technical

specialists

For mana whenua to discuss technical aspects of the material

Caucus feedback Discussion points:

• Queries regarding how and why we have got to the point we have got to, want to understand criteria e.g. Land area required

• Clarity on decision date for the options (23rd Nov), how long have MW got to input before a decision is made • Joint appt of specialists to assist MW, environmental, legal, design • Economic opportunity, what are the opportunities, includes cultural expression, future generations, something

MW can be proud off • What is the process that will be undertaken once decision made on location • Opportunities for ongoing engagement with MW, are there any other opportunities to engage on a partnership

basis

6 November

2017

Panuku Mana Whenua



Overview of options analysis going to 23 November 2017 Governing Body meeting

Discussion points: • Location analysis, long list and short list – process and status update • Summary of options • Issue around cultural assessment of options • Māori Impact Statement

13 November

2017

Mana whenua caucus

with their technical

specialists

For mana whenua to discuss technical aspects of the material

Mana whenua provided feedback on what they discussed at subsequent hui

13 November

2017

Panuku Mana Whenua

Governance hui–

America’s Cup

To agree a collective Mana Whenua statement on behalf of the iwi who wish to identify as members of the Panuku Mana Whenua Governance Forum that was to be included in the Governing Body report

Further hui agreed to finalise statement

15 November

2017

Panuku Mana Whenua workshop Governance Hui

To finalise collective statement with legal assistance. Outcome – mana whenua advised they were not ready to make a statement at this time

27 November

2017

Panuku Mana Whenua Governance workshop: AC36 and Dolphin

To develop the draft consenting engagement strategy for the AC36 base locations including the list of technical specialists to assist Mana Whenua. – this will be based on

Discussion points:

• Query as to whether meetings will be minuted and who will receive minutes? Confirmation that action points to be recorded and shared only with attendees.

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whether collective, individual or a combination of both is the preferred approach for the consent engagement.

• Environmental mitigation fund – or is it to support mana whenua aspirations? Who administers the fund? Need to define aspirations

• How does the draft consenting engagement strategy relate to the engagement framework • Query around dredging

5 December

2018

Panuku Mana Whenua Governance Forum (update as part of CE Briefing)

Briefing on Panuku’s CBD Waterfront projects Discussion points: • Concern that Panuku presents projects as separate to one another (e.g. dolphin/pile mooring etc). Request for

Panuku to pull these projects together so MW can deal with each issue effectively. • Concern about disparate development outcomes and an accelerating loss of sea space. • Legacy conversations need to start soon with Council and that ATEED’s presence increasing for project

delivery. • MW’s frustration in the context of a seven-year relationship with Auckland Council. Engagement has tended to

focus on matters of the day rather than a comprehensive, longer term view.

18 December

2018

A hui with all 19 Mana Whenua Governance Hui on City Centre & Waterfront Programme of work

Briefing on the Auckland Council City Centre and Waterfront regeneration programme; and to update progress following the meeting with Mayor Goff and Minister Parker (1 December 2017) and establish a forward engagement framework for the America’s Cup.

N/A

22 December

2018

Email correspondence to Panuku Mana Whenua Governance Forum

Proposed AC36 consultation plan sent out to all 19 mana whenua – including request to develop CVA

N/A

22 December –

January 2018

Phone correspondence to various Panuku Mana Whenua Governance Forum members

Phone calls to follow up on proposed consultation plan N/A

10 January 2018 Various email correspondence Panuku Mana Whenua Governance Forum members

Follow up email regarding consultation plan N/A

15 January 2018 Panuku lodges first AC36 resource consent application with Auckland Council

31 January 2018 Meeting between McCaw Lewis and Panuku

Overview of what has been circulated to date, agree a coordinated approach going forward, discuss McCaw Lewis’s proposal including appointing single point of contact.

N/A

9 February 2018 Email correspondence to Panuku Mana Whenua Governance Forum

Cancellation of 9 Feb Hui and reschedule to 16 Feb. Update regarding resource consent applications, programme governance structure, procurement opportunities, Maori outcomes approach and upcoming key dates.

N/A

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14 February

2018

Email correspondence to Panuku Mana Whenua Governance Forum

Update to inform of workshop cancellation following Mayor’s announcement on Wynyard hybrid option. All queries to be directed to Auckland Council’s CE

N/A

20 February

2018

Panuku Mana Whenua Governance Governance Forum

Update on America’s Cup 36 provided by Auckland Council and MBIE representatives as part of Panuku CE Briefing

AC36 update on Resource Consent application • Discussion around AC36 and lack of engagement from Govt following walk around hui 2 months ago.

MBIE update • Unable to confirm date for knowing what is happening with RC • Need to get agreement on location first. Could be a variation or a new consent. • Agreement for MBIE/Auckland Council to put together an engagement proposal, MBIE is asking for a couple of

people to go on a 'working group' to test the proposition • MBIE/Auckland Council to contact iwi and invite participation of those who want to help develop engagement

proposal to take back to wider mw for endorsement. • Suggestion for wider process, with an invite to all 19 and narrow down from there following feedback from each

entity • Relationship with MBIE/Council and ETNZ, meet at Council to keep it separate from Panuku forum.

21 February

2018

Email correspondence to Panuku Mana Whenua Forum

Reminder of submission closing date N/A

27 February

2018

Email correspondence to Panuku Mana Whenua Forum

Submission period closing date extension N/A

5 March 2018 Email correspondence to Panuku Mana Whenua Forum

Submission period closing date extension N/A

16 March 2018 Invite to all 19 Mana Whenua Governance Workshop

Governance Workshop – MBIE and Council hui re. governance and current location update.

N/A

5 April 2018 Email correspondence to Panuku Mana Whenua Forum

Confirmation that Wynyard Hobson location and configuration agreed by Council, Crown and ETNZ and that a new consent would be lodged. Confirmation of lodgement date of 13 April and potential submission period dates. Hui to be convened on 16 April.

N/A

10 April 2018 Meeting – Ngati Whatua Orakei

Meeting purpose:

- Talk about the consent, listen to concerns, seek input - Find out whether there is an interest from NWO to

talk directly to the Alliance regarding construction opportunities

Update provided on current status, timeframes and assumptions.

Particular discussions around dredging, cost benefit analysis and opportunities for iwi in terms of hosting, welcoming, design input, work for maori security businesses during the event.

13 April 2018 Panuku lodges second AC36 resource consent application with Auckland Council

16 April 2018 Mana whenua caucus with technical specialists

Opportunity for mana whenua to engage with technical specialists before the consent hui

N/A – (no Panuku team members present)

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16 April 2018 Panuku Mana Whenua Governance Workshop

Briefing on outcome of 29 March 2018 Governing Body decision on AC36, including resolutions directing Panuku to prepare and lodge new resource consent applications

Panuku presented on the new resource consent application

Discussion focused on engagement process and timing issues

McCaw Lewis to respond to Panuku on behalf of Mana Whenua group

20 April 2018 Email correspondence to Panuku Mana Whenua Forum

Confirmation of timeframes for resource consent notification period and support to be offered to mana whenua.

N/A

30 April 2018 Panuku Mana Whenua Governance Forum (updateas part of Panuku CE Briefing)

Update on AC36 Wynyard Hobson consent Forum wishes to be informed on AC36 – would like McCaw Lewis to be present.

No action points were identified in the AC36 revision update, and as robust discussion is required around state of engagement there is a need to ensure actions are produced and recorded. Confirmation that consent lodged on 13 April. Discussion around process – direction from Government and Council that engagement would be done by MBIE, and process in terms of direct referral to Env Court.

2 May 2018 Email correspondence to Panuku Mana Whenua Forum from CE

recapping on recent hui

Panuku affirmed its commitment to engaging with Mana Whenua on proposals within the waterfront area, including AC36;

Panuku is the lead for the AC36 investigation works, the wider engagement on the AC36 programme is led by Auckland Council, and MBIE on behalf of the Crown;

Statement that Panuku is very supportive of undertaking a robust engagement process within the constraints that all are facing in this space and has taken steps to implement key elements of the engagement proposal.

4 May 2018 Email correspondence to Panuku Mana Whenua Forum

Distribution of draft engagement plan for AC36 resource consent.

N/A

11 May 2018 Hui – mana whenua technical specialists and Panuku consents team

Meeting convened between Panuku and Mana Whenua technical specialists

N/A

15 May 2018 Workshop - invite to all 19 Mana Whenua Governance reps

Introduction of key people from the Wynyard Edge Alliance.

AC36 resource consent hui:

• AC36 resource consent engagement plan • AC36 consent overview • Mana Whenua feedback • Cultural value assessments

Introduction to the Wynyard Edge Alliance (WEA), discussion around role and purpose of the Alliance.

CE update provided context around the programmes and Panuku’s scope.

Discussion around draft engagement plan and potential generic CVA for Waitematā.

Review of technical documents. Reports seem robust technically but fall short on MW engagement – no values and interests identified in the reports. No sites of significance according to Unitary Plan but there are underlying values that should have been included.

18 May 2018 Email correspondence to Panuku Mana Whenua Forum

To recap on the 15 May hui, update on progress with the draft Engagement Plan, provide draft minutes from 15 May hui and provide clarity as to what is happening next

N/A

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21 May 2018 Panuku Mana Whenua Governance Workshop

Update on AC36 Wynyard Hobson consent. Discussion of approach for development of generic CVA and technical feedback from specialists on consent.

Caucus feedback:

• Review of technical reports of second application complete • Proposal to work through detail of review • Request for Mana Whenua to speak with Panuku Board at next opportunity • Request for status update on dedicated administration support

CVAs

• Mana Whenua proposal sent to Panuku for review; CE response did not reference request for individual CVAs • Expectation for individual iwi with specific interests to provide individual CVA • Support for Mana Whenua post 28 May being clarified with Auckland Council • Iteration of specific concerns around the engagement process following the first resource consent application • Plan now in place for ongoing engagement • Mana Whenua to provide feedback and cost estimates • Panuku to follow up with Auckland Council re: post 28 May support

Review of second application:

• Assessment of environmental effects and engagement / consultation • Second application jointly authored by the Crown, Auckland Council, and ETNZ • Expression of poor engagement process since second application – acknowledgement of framework now in

place • Request for Mana Whenua to view summary document from the Crown • Difference between ‘engagement’ and ‘consultation’ – Mana Whenua require clarification in subsequent hui

about what is being asked of them • Panuku to send Mana Whenua draft summary document once received

Effects on the Waitematā

Discussion summary:

• Mana Whenua consider cultural effects were not properly and adequately assessed prior to lodgement • Technical specialists currently working through identification of impacts and appropriate measures • Concept design from Wynyard Edge Alliance (WEA) due for review in approximately six weeks • View to focus on legacy of the Waitematā – from Harbour Bridge to Queen’s Wharf • Acknowledgement of individual iwi having distinct views

Actions:

• Panukuto liaise with WEA re: concept design

Weekly meetings between Panuku and McCaw Lewis to continue

21 May 2018 Letter received from McCaw Lewis

Correspondence in response to Mana Whenua engagement on 16 April 2018

Letter summary:

• Waitematā Harbour is of great spiritual, cultural and historical significance to Mana Whenua • Mana whenua will carefully review any proposal that impacts on their taonga, and expect any engagement to

be conducted in good faith and demonstrating best practice as required by the Treaty of Waitangi and RMA. Disappointment that Panuku has failed to meet these legitimate expectations.

• Concerns regarding engagement process with first and second lodged consent applications • Lack of prior notice or involvement from Panuku in the application for direct referral to the Environment Court

and subsequent waivers

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• Concerns regarding statements on prior consultation in the lodged application documents • Mana Whenua not given any opportunity to have input into the new application or offer a view on it or to ensure

that their values and issues were addressed • Panuku’s lack of engagement with Mana Whenua prior to lodging the Second Application does not adequately

take into account Mana Whenua cultural effects. • Panuku cannot assess the effect the Second Application would have on cultural values without engaging with

Mana Whenua first and without a full and proper cultural values assessment • Any cultural values assessment must take into account the cumulative effects on the Waitematā and therefore

Panuku need to confirm it is open to amending the Second Application to ensure this is factored in

25 May 2018 Phone conference Panuku, McCaw Lewis,

Weekly phone calls as part of agreed Engagement Plan for AC36

Summary notes from call:

CVA

• McCaw Lewis have received a proposal that they are reviewing. • Tama Hovell of Atkin Holms Majurey has been proposed as the author for the generic CVA. • McCaw Lewis will provide Panuku a proposal that includes proposed author, timeline and cost estimate for the

generic CVA on/before Monday 28 May. • Iwi reserve the right to submit their own individual CVA, with some iwi having opted to do this following the

initial offer made on 22 December 2017. Request to meet with our Board

• Need to understand who will attend, what is the purpose for the request and what outcomes do Mana Whenua hope to achieve. The next board meeting is Wed 30 May

Next steps

• Submissions close Monday 28 May • On/before Monday 28 May McCaw Lewis to provide Panuku a proposal to progress generic CVA • Weekly meetings between Panuku and McCaw Lewis

25 May 2018 Email correspondence to Panuku Forum

To summarise weekly meeting conversation with McCaw Lewis on 25 May, provide draft minutes from 21 May hui and table of actions - to give transparency as to what is actioned/outstanding

N/A

7 June 2018 Phone conference Panuku, McCaw Lewis, Simpson Grierson



• Update on the draft CVA proposal; • Confirmation Panuku convene a hui on the 18th June hui as discussed; • Update on Panuku responses to letters sent in on the AC36 & dolphin projects.

14 June 2018 Phone conference Panuku, McCaw Lewis,



• Update on the draft CVA proposal, discussion on timelines and logistics • Discussion on scheduling a time for Mana Whenua to meet with the Panuku Board

15 June 2018 Email correspondence from McCaw Lewis

Updated CVA proposal NA

18 June 2018 Email correspondence from Panuku to McCaw Lewis

Acceptance of CVA proposal and notice of upcoming Governance hui as discussed

Confirmation from Panuku of the proposal for a generic Waitematā CVA.

Discussion regarding timetable and scheduling for a proposed Waitematā Consents Programme Governance workshop

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19 June 2018 Panuku Mana Whenua Governance hui

Session on AC36 Panuku CE update to the Forum. Outlined:

• Waterfront consenting programme overview • Other Council Group projects in the area including City Centre and Downtown programme of works • Update on AC36 consenting process • Update on generic Waitematā CVA. Panuku outlined its support for the development of the Waitematā cultural

values assessment as well as individual CVAs • Discussion on feedback received on the AC36 process

21 June 2018 Phone conference Panuku, McCaw Lewis,



Waitemata CVA:

• 2 July likely meeting date; • Agenda to cover: Project timelines; Pending consents;

CVA overview and update

• Other items necessary to complete CVA; • Opportunities for joint design in projects; • Panuku’s perspective on MW engagement to date (per project).

Panuku responses to McCaw Lewis letters of 11, 18 and 21 May: Panuku to follow up and advise.

27 June 2018 Rangatira –Panuku Board Hui

As part of regular six monthly kanohi ki te kanohi meeting. AC36 was discussed

At time of writing the minutes of the public session of the Board meeting are not published

2 July 2018 Hui with mana whenua governance reps working with McCaw Lewis, Mitchell Daysh and Panuku

Hui for those Mana Whenua groups on whose behalf a generic Waitematā CVA is being prepared. Purpose of the hui:

• Present an integrated programme level view of the consents, the key milestones and associated Mana Whenua engagement

• Brief Mana Whenua on the existing consent applications underway or proposed for the CBD Waitematā area

• Outline project timelines • Scope of consent applications • CVA overview and timeline (conversation

led by McCaw Lewis)

Projects discussed on the day

• AC36 • AC36 related consents (eg: Sealink, Sanford) • Westhaven Pile Mooring • Queens Wharf Dolphin • Westhaven Promenade Stage 2 • Downtown programme of works

Update from McCaw Lewis on progression with the generic Waitematā CVA project work

Overview by Panuku of its projects in the CBD waterfront area

Discussion on proposed Condition 22 (Mana Whenua Engagement Plan). Feedback sought by Panuku on the wording of this condition

2 July 2018 Hui with all 19 mana whenua governance reps

Council led hui to discuss

Part 1 – Project Governance

• Governance overview & JCEG

At time of writing, meeting minutes are yet to be issued by Auckland Council

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Part 2 – Project Operations

• Panuku – Resource consent

Part 3 – Engagement process and planning – mana whenua

• Operations • Governance

Part 4 – Next Steps

Part 5 – Technical workshop

• Event Concept from Americas Cup Event Ltd • Scope of works, programme, methodology

5 July 2018 Hui with Ngati te Ata rep Discuss submission and upcoming mediation process Overview of AC36 project and second consent application

10 July 2018 Hui with Ngati te Ata rep Further briefing on submission and upcoming mediation process

As above, with specific discussion on wording of proposed Condition 22

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