He Whakamōhiotanga Kōrero 6.0

Page 1


HE WHAKAMŌHIOTANGA KŌRERO

6.0

HERETURIKŌKĀ - MAHURU 2024

Karakia

Ko te reo o ngā manu tērā,

Ka tangi nei i te ao,

Kua uru ko te rā ki waenganui i a Ranginui i a Papatūānuku,

Ka noho ko Ranginui ki runga, ko Papatūānuku ki raro,

Ka heke iho ko ngā roimata i a Ranginui,

Ka hiki ake ko te kohu i a Papatūānuku, Ko te tohu tērā,

Ka ora tāua i te ao, i te pō, Tūturu whakamaua kia tīna! Tīna!

Hui ē! Tāiki ē!

Ngā ihirangi | Contents

Tō mātou poari

Our Board

Ko te whakakitenga me te kauapa

Our vision and purpose

Ā mātou pou

Our strategic pillars

Ngā arotahi matua

Strategic priorities

Ngā whāinga me ngā inenga

Key performance indicators

He kupu nā Te Mātārae

From the Chief Executive 10 11

Te tāpae pūrongo

Reporting

Mō mātou poari | Our Board

Pahia Turia

Tumu Whakarae | Chair

Ngā Wairiki, Ngāti Apa, Whanganui, Ngā Rauru, Ngāti Tūwharetoa

Gail Thompson

Kaitohu | Director

Ngāi Tahu, Kāti Mamoe, Waitaha

Dean Moana

Kaitohu | Director

Ngāti Porou, Te Whānau ā Apanui

Dion Tuuta

Tumu Whakarae Tuarā | Deputy Chair

Ngāti Mutunga, Ngāti Tama, Te Ātiawa, Taranaki

Bayden Bayber

Kaitohu | Director

Ngāti Kahungunu, Ngāi Tahu, Ngāpuhi

Kim Skelton

Kaitohu Tuarā | Alternate Director

Te Ātiawa, Taranaki, Ngāti Raukawa ki te Tonga

Bella Takiari-Brame

Kaitohu | Director

Ngāti Maniapoto, Waikato

Nicole Anderson

Kaitohu | Director

Ngāpuhi, Te Roroa, Te Aupōuri

Maru Samuels

Kaitohu Tuarā | Alternate Director

Ngāi Te Rangi, Te Rarawa, Ngāi Takoto

Ko te whakakitenga | Our vision

Ko te ora o te whānau e kotahi ana ki a Tangaroa

Thriving whānau determining their relationship with Tangaroa

Ko te kaupapa | Our purpose

Ka tautoko mātau i ngā iwi ki te tiaki, ki te whakahaumako hoki i ā tātau taonga mā te hautūtanga, te taunaki me te auahatanga

We support iwi priorities to protect and enhance our taonga through leadership, advocacy and innovation

Ā mātou pou | Strategic pillars

Pou tuatahi

Pou tuarua

Pou tuatoru

By the end of 2026 we have advocated for transformational change to the legislative and policy system impacting iwi fishing and our relationship with Tangaroa

To ensure our programmes assist in increasing the capability of iwi to determine management of their fisheries and marine interests

Pou tuawhā

To invest in research and innovation that supports an iwi perspective in fisheries management and their relationship with Tangaroa

To ensure our efforts in protecting the Deed of Settlement have resulted in positive and resilient outcomes for iwi

Ngā arotahi matua | Strategic priorities

Arotahi matua tuatahi

Te Ohu Kaimoana is a tikanga led, kaupapa iwi organisation

Arotahi matua tuarua

This year's annual plan identifies five main priorities, which together contribute to the four pou of the fiveyear strategic plan.

This objective is ensuring that we are leading with tikanga and an iwi perspective (individually and collectively) and we are building the capability of our staff and leadership to continually improve our delivery as a kaupapa Māori organisation.

Te Ohu Kaimoana is an advocate for iwi in their relationship with the moana

Arotahi matua tuatoru

Te Ohu Kaimoana upholds the trust of iwi

Arotahi matua tuawhā

This objective is not just about our delivery on the fisheries and aquaculture settlements, but we are being an advocate for the spectrum of interests that iwi have with the moana and assisting them to have all the right information to make the best decisions they can in their relationship with the moana.

Te Ohu Kaimoana is future focused and we amplify impact for iwi in oceans

Arotahi matua tuarima

This objective is about our visibility and engagement, and that we have amplified both our communications and transparency in information for iwi to have continued trust in what we do on their behalf.

To ensure that we don’t become complacent and that we are looking to the horizon and being proactive, this objective requires us to be future focused in our mahi and when we find opportunities, we are amplifying the impact of those opportunities. We are an organisation that has multiple partnerships, but we can do more to get value from those partnerships. This objective will prompt us to explore and deliver new possibilities.

Te Ohu Kaimoana ensures operational efficiency

This objective ensures that Te Ohu Kaimoana maintains a sustainable and high performing organisation that effectively manages its resources, priorities the well-being of its workforce, ensures financial stability, optimises the investment portfolio and is committed to operational efficiency.

Ngā whāinga me ngā inenga | Key Performance Indicators (KPIs)

Key priorities and KPIs

Arotahi matua tuatahi

Te Ohu Kaimoana is a tikanga led, kaupapa iwi organisation

KPIs

1. Deliver an evolved brand identity for Te Ohu Kaimoana.

2. Te Kawa o Te Moana is developed and endorsed by iwi, and reflected in the work of Te Ohu Kaimoana.

3. Invest in the development of our staff to foster their growth and contribution to Te Ohu Kaimoana.

Arotahi matua tuarua

KPIs

4. Invest in the continual performance of Te Ohu Kaimoana as a Māori organisation.

Te Ohu Kaimoana is an advocate for iwi in their relationship with the moana

1. Te Ohu Kaimoana has led and supported opportunities for iwi in the moana, including related to fisheries and aquaculture.

2. Provide iwi with the information required to make their own decisions pertaining to legislative policy system changes impacting their relationship with the moana.

3. Litigation strategy and rights based framework tested and developed.

4. Bi-monthly updates on legislative changes and showcase Te Ohu Kaimoana’s involvement in those processes.

Arotahi matua tuatoru

Te Ohu Kaimoana upholds the trust of iwi

KPIs

1. Deliver the Annual Report.

2. Deliver the Annual General Meeting and wānanga.

5. Te Ohu Kaimoana assists iwi to meet their compliance obligations.

3. Bi-Monthly panui and communications to iwi on Te Ohu Kaimoana’s events and progress on kaupapa.

4. Te Ohu Kaimoana staff and leadership have regular in-person engagements with iwi to progress opportunities and challenges in the moana.

5. We have been proactive in protecting and enhancing the reputation of Te Ohu Kaimoana.

Ā mātou pou

Key priorities and KPIs

Arotahi matua tuawhā

KPIs

Te Ohu Kaimoana is future focused and we amplify impact for iwi in oceans

1. Te Ohu Kaimoana has invested resource into research programmes in the moana.

Arotahi matua tuarima

Te Ohu Kaimoana ensures operational efficiency

KPIs

2. Te Ohu Kaimoana has worked with iwi to understand and prioritise research aspirations in the moana.

1. Te Ohu Kaimoana provides financial transparency through regular reporting.

2. Te Ohu Kaimoana ensures financial sustainability whilst investigating growth of our assets.

3. Te Ohu Kaimoana attract, develop and retain a diverse and skilled workforce.

4. Te Ohu Kaimoana maintain a safe and healthy workplace for all kaimahi.

Ā mātou pou

He kupu nā Te Mātārae | From the Chief Executive

Tēnā koutou e ngā rangatira,

This is the sixth and final of our regular reports to iwi for the 2023-2024 financial year; measuring our progress against our key priorities and Key Performance Indicators (KPIs) as identified in our annual plan, which contribute towards achieving our five-year strategy.

The aim of these reports has been to provide you with more regular insight into our strategic and operational activities, as well as the performance of Te Ohu Kaimoana and Takutai Trust.

We will be reviewing how we report for our new financial year, looking to shift to quarterly reporting as raised in our iwi engagement survey. We welcome your direction and feedback into how we can improve for the 20242025 financial year.

Please note that we have opted to report to you on the key priorities and KPIs that will hold the most interest and relevance and have omitted reporting to you on internal KPIs for our organisation.

This reporting period covers from August to September 2024 and as always we welcome your feedback and questions via email at: ika@teohu.maori.nz

Ngā manaakitanga, Graeme Hastilow Te Mātārae | Chief Executive

Te tāpae pūrongo | Reporting

Objective 1. Te Ohu Kaimoana is an influential tikanga-led māori organisation

KPI - Te Kawa o Te Moana is developed and endorsed by iwi and reflected in the work of Te Ohu Kaimoana

Due due to timing of the passing of the Māori Fisheries Amendment Act, our planned iwi roadshow has been deferred. This means that planned consultation on Te Kawa o Te Moana (working title), alongside the draft Annual Plan for Te Ohu Kaimoana will be re-scheduled and communicated to iwi as quickly as possible.

Objective 2. Te Ohu Kaimoana is an advocate for iwi in their relationship with the moana

KPI - Te Ohu Kaimoana has led and supported opportunities for iwi in the moana, including related to fisheries and aquaculture

Ahumoana

Iwi continue to wait for the Crown to deliver their counteroffer for Te Moana a Toi. We are concerned regarding some initial signals from the Crown and are requesting they articulate any concerns or issues in written form. We believe that any issues are held at an officials level and not necessarily a Ministerial level.

Recently two hui have been held in Marlborough and Auckland with the Minister of Oceans and Fisheries presenting on the future of Aquaculture. Iwi who were present shared their views directly with the Minister, who was open to different ideas in his responses.

Our aquaculture team continue in the process of facilitating discussions between iwi, and iwi and the Crown, to reach collective agreement on the form of assets iwi wish to take.

KPI - Provide iwi with the information required to make their own decisions pertaining to legislative policy system changes impacting their relationship with the moana

Resource Management Act reforms

The Government has made it clear they are going to make changes to the existing RMA system which is likely to include a possible seperate consenting regime for aquaculture.

We are currently developing draft policy analysis and will be coming to discuss this with iwi in the coming months.

KPI - Bi-monthly updates on legislative changes and showcase Te Ohu Kaimoana’s involvement in those processes

28N rights proceedings

In our last report we provided an update on Te Ohu Kaimoana’s case against the Crown on the issue of 28N rights, and specifically the High Court hearing held in early July.

We also signalled that there remained uncertainty around timing of judgement on our case, and that Te Ohu Kaimoana would need to consider its options to protect the settlement quota for SNA8 if the TACC is increased.

Following the hearing week in July, we asked the Crown to work with us to find a way to protect the SNA8 settlement quota while allowing the TACC increase to go ahead this year (assuming the Minister would decide to increase the TACC), but the Crown declined to engage with us. This led to us filing an application for interim orders against the Crown.

On 4 September the High Court issued its judgment on our interim orders application. The Court “with some regret” declined our application for interim orders, primarily because of concerns about the impact on the industry and the economy if the foreshadowed SNA8 TACC increase was delayed.

The Judge however made some strong statements about our case and the Crown’s conduct.

• The Court observed that “any increase in the SNA8 TACC will result in the permanent loss, without compensation, of quota shares Māori received as part of the settlement” [paragraph6].

• The Court acknowledged that if it finds that the Crown is in breach of the Settlement, then redress will need to be addressed, recording that “the breach, if there is one, has been going on for more than 30 years. If Te Ohu’s case is ultimately successful, [counsel for the Crown] is right to note that a comprehensive response will be required. There will be much to put right, including any further losses that occur between now and final resolution of the claim” [paragraph 80].

• The Court “regard the merits of Te Ohu’s case as strong. While I have not yet reached a final view, Te Ohu has argued persuasively that the gradual repossession of settlement assets is incompatible with an agreement designed to meet the Crown’s obligations under the Treaty, and to provide Māori with a lasting stake in New Zealand’s commercial fisheries” [paragraph 75].

• The Court also put the Crown “on notice” regarding the very real possibility that Te Ohu Kaimoana’s substantive case may succeed. “It would be unwise for the Crown to ignore the possibility Te Ohu Kaimoana will ultimately be successful. Te Ohu has presented a very strong case. It follows that the Crown should at least be alert to the possibility of a declaration that the progressive loss of settlement quota breaches both the settlement and the Treaty, in a way which has resulted in long-term unfairness and harm to Māori. If that declaration is eventually made, [counsel for Te Ohu Kaimoana] is right to note that every fresh redemption of 28N rights will compound the breach” [paragraph 84].

While the above observations from the Court provide helpful clarity on the Court's direction of thinking regarding our substantive case, Te Ohu Kaimoana remains disappointed that Māori stand to lose a substantial, and valuable, block of their settlement quota if the Minister ignores the comments from the Court and increases the SNA8 TACC without putting protections in place to preserve the settlement quota.

Depending on the size of the increase the Minister selects, Māori stand to lose between 20 and 29 per cent of SNA8 settlement quota through the operation of 28N rights unless protections are put in place. This will compound the harm Maori have sustained since we first began losing settlement quota through the operation of 28N rights in the 1990s.

Te Ohu Kaimoana is now awaiting the High Court’s decision on its substantive case.

Objective 3. Te Ohu Kaimoana upholds the trust of iwi

KPI - Bi-monthly panui and communications to iwi on Te Ohu Kaimoana’s events and progress on kaupapa

Over August and September we sent 10 campaigns to iwi advertising (the deferred) iwi roadshow, the opening of the Global Fisheries Scholarship, the third reading of the Māori Fisheries Amendment Bill, the invitation to the national wānanga in Wellington on the MFA, an acknowledgment of the passing of former commissioner Dame June Mariu DNZM QSM JP and Kingii Tūheitia, the results of the Seafood Star Awards –Laws Lawson (Lifetime Membership Award), Doug Paulin / Sealord Group Limited (Future Adaptation Award), and invited expressions of interest into the Kia Hiwa Rā Research Scholarship

KPI - We have been proactive in protecting and enhancing the reputation of Te Ohu Kaimoana

Māori fisheries settlement documentary

Brian Bargh (author of The Struggle for Māori Fishing Rights) has been recently appointed to the project as an objective external reviewer for the documentary.

The production team are committed to delivering a final product in December, how-ever we are currently considering the idea of holding the private screening in February or March as opposed to December.

This is due to December being a competitive time for people’s calendars in terms of both existing commitments and holiday leave –which also applies to January. We believe that we will have higher attendance and stronger impact in February or March.

Strategic priority 5. Te Ohu Kaimoana

ensures operational efficiency

Four year audit

The focus for the auditors during July and August has been on stakeholder interviews, following the invitation to iwi to provide feedback.

The auditors also contacted iwi directly which resulted in several interviews. In addition, the auditors have been meeting with the Chairs and management of each entity.

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