MĀORI LEGAL, BUSINESS AND GOVERNANCE FORUM

Transcription

1 15TH ANNUAL MĀORI LEGAL, BUSINESS AND GOVERNANCE FORUM SEPT 2017, TE WHAREWAKA TAPERE, WELLINGTON Successful integration of Tikanga and business in a post-settlement environment Learn from the experts, network and share insights about important Māori issues: Understanding PSGEs Iwi collaboration in environmental processes Te Ture Whenua Reforms Marine and Coastal Area Act Updates Structures of Māori business to maximise collaboration With case studies and practitioner views from: Rainey Collins Waikato Rapatu Lands Trust Karen Feint AJ Park Law Neville Baker Pukeroa Group Ngāti Kuri Trust Board Incorporated Te Arawa Lakes Trust Maramena Vercoe conferenz.co.nz/māori

2 MĀORI LEGAL, BUSINESS AND GOVERNANCE FORUM In the post-settlement environment, the integration of Tikanga Māori into a successful business strategy that meets legal requirements is a must. This Forum seeks to educate and inform about successful structures of Māori business and to recognise the growing importance of the Māori economy. It also discusses important legal issues and legislative reforms affecting local government, Māori and the wider environment. Learn from Iwi, relationship management professionals and practitioners from around New Zealand. Speakers were inspiring and conveyed the Māori world view excellently. Well done people! I am not Māori, however, found this forum profoundly enlightening. It was held in a positive spirit and was filled with manaaki! meet your chairs Linda Te Aho is the Associate Dean Māori at Te Piringa Faculty of Law, University of Waikato, and is coeditor of the Waikato Law Review. In 2014, Linda was appointed to provide expert technical advice on the proposed reforms to Te Ture Whenua Māori 1993 (the Māori Land Act). In 2015, Linda was contracted to provide advice on the proposed reforms to the Resource Management Act. She was appointed by her iwi of Waikato-Tainui as a guardian mandated under the 2010 settlement for the co-management of the Waikato River ecosystem to develop the long term vision for its holistic restoration. She provides technical advice on Māori legal issues in relation to lands and freshwater to Iwi leaders, to Crown agencies and government departments. Peter Johnston is the Chairman of Partners at Rainey Collins Lawyers and leads the Māori law section of the Team. He provides specialist advice about Māori land, Māori land laws, Waitangi Tribunal claims, and the direct negotiation of historical Waitangi Tribunal claims with the Crown. He is the former Chairman of Te Awe Wellington Māori Business Network. In this role he worked closely with regional and national businesses and their networks. Peter is the current Chairman of the New Zealand Riding for the Disabled Association Perpetual Members Trust and is a LINZ Approved Accredited Supplier for Treaty of Waitangi Claims and Te Ture Whenua Māori Act FEATURED SPEAKERS Dr Eruera Tarena is the Kaihautū/Chief Executive of Te Tapuae o Rēhua an indigenous tertiary education partnership. Te Tapuae s role is to create a shared Treaty partnership space for collaboration and innovation to occur. Eruera s doctoral thesis Indigenising the Corporation looks at the dynamics and challenges of contemporary indigenous organisations and the influence of indigenous cultural values. David Tapsell (Ngāti Whakaue) is a commercial lawyer and company director with over 20 years experience. He is the Chair Finance and Expenditure of the Rotorua based Pukeroa Oruawhata Group. The Pukeroa Group was one of the first post-settlement governance entities receiving approximately $4m in 1993 to settle part (but not all) of Ngāti Whakaues historical Treaty claims. The Pukeroa Group now manages property assets worth over $210 million and is broadening its portfolio. Karen Feint is a barrister at Thorndon Chambers in Wellington. Her main area of practice is in civil litigation and public law, and in particular she has extensive experience acting in Māori/ Treaty of Waitangi legal issues before the Waitangi Tribunal and the courts at all levels. She was counsel in the ground-breaking decisions of the Supreme Court in Proprietors of Wakatū v Attorney-General [2017] NZSC 17, and Haronga v Attorney- General [2011] NZSC 53.

3 DAY ONE: 27 SEPTEMBER REGISTRATION AND COFFEE 8.45 Mihimihi 9.00 Opening remarks from the Chair Linda Te Aho, Associate Professor, University of Waikato Co-management, co-governance and the Māori economy 9.10 Understanding post-settlement governance entities and how they affect the co-management and co-governance of Iwi assets What is a PSGE and why are they needed? Understanding the structures and frameworks PSGEs follow in order to achieve good governance and what does good governance mean? What are the remedies if they fail to meet the legislative requirements and expectations of Iwi, and who is tasked with deciding what these are? Peter Johnston, Chairman of Partners, Rainey Collins 9.50 The growing Māori economy - balancing culture and commerce In the post-settlement era, the Māori economy is booming, but what is the best way for Māori organisations to balance culture and commerce? Highlighting the different challenges Māori employers face in a post-settlement environment What are some of the most successful collaboration strategies for successful integration of business interests with Tikanga Māori? Understanding export markets and how to successfully sell the Māori brand overseas Dr Eruera Tarena, Chief Executive, Te Tapuae o Rēhua Table Talks 1 - What are the challenges and opportunities with co-governance? MORNING BREAK Stepping forward into the future: The Waikato-Tainui settlements Waikato-Tainui have settled on river and land claims and have been some of the first to deal with PSGEs and the practical implications of how they work and what they achieve. Hear what challenges they have faced post-settlement and the solutions they have implemented to help them turn their original $170 million settlement into $1 billion in assets and move towards a successful future. Donna Flavell, Chief Executive, Waikato Rapatu Lands Trust The impact of legislation on Māori business Implications of Supreme Court s decision in Proprietors of Wakatū v Attorney General (2017) Explaining the background to this historic case, which was not a Treaty claim, but a private law claim centred on the establishment of Nelson by the New Zealand Company in Understanding why the Supreme Court imposed a fiduciary duty on the Crown to protect the property rights of the Māori customary land owners Considering the implications for NZ law of the Supreme Court adopting Canadian authority recognising that the Crown has a sui generis fiduciary duty to protect the legal interests of indigenous people Karen Feint, Barrister, Thorndon Chambers Table Talks II - What opportunities can you see to grow the Māori Economy? LUNCH BREAK 1.40 Resource Management Act (RMA) reforms - Iwi collaboration in environmental processes Recent reforms to the RMA encourage local government to involve Māori in decision-making relevant to Māori resources through Mana Whakahono ā Rohe: Iwi Participation Agreements (MWRs). What are the guiding principles for initiating a MWR? Understanding the responsibilities and obligations for both parties Highlighting the advantages and disadvantages they may have on local government dealings with Iwi and suggesting possible solutions Ezekiel Hudspith, Senior Associate, Environment and Planning, Kensington Swan Tai Ahu, Associate, Māori Business, Kensington Swan 2.20 Te Ture Whenua Māori - drivers of change and insight into reforms An in-depth look at the new Te Ture Whenua reforms and how they put in place additional protection to safeguard the ownership of Māori land Highlighting the greater decision-making powers for the utilisation of land the reforms seek to encourage Exploring the establishment of the new Māori Land Service and its dispute resolution capabilities Linda Te Aho, Associate Professor, University of Waikato 3.10 AFTERNOON BREAK Important issues for Māori 3.40 Protecting taonga - intellectual property, trademarks and the Māori brand Case examples and protecting your brand overseas Allowing Māori to assert tino rangatiratanga over their taonga - what are the outcomes of this? Imparting cultural significance - managing the conflict between cultural property rights and intellectual property Lynell Tuffery-Huria, Special Counsel, AJ Park Law 4.20 Future Predictions on improving social outcomes and well-being for Māori A discussion focusing on the Government spending inequality between Māori business interests and Māori social issues. Unless there is a change in the political policies governing our re-integration and rehabilitation of prisoners, particularly in rural areas, and more money spent on improving social outcomes, the future predictions look bleak. How do we create successful outcomes and turn these challenges into opportunities for successful change? Neville Baker, Chairman, Port Nicholson Block Settlement Trust 5.00 Summary remarks from the Chair and Networking Drinks

4 DAY TWO: 28 SEPTEMBER 2017 MĀORI LEGAL FORUM MĀORI BUSINESS & STRATEGY FORUM 9.00 Welcome back from the Chair Linda Te Aho, Associate Professor, University of Waikato Key updates in the changing Māori legal environment Welcome back from the Chair Peter Johnston, Chairman of Partners, Rainey Collins Case studies in success 9.10 Marine and Coastal Area Act -Takutai Moana Applications for recognition of customary interests had be filed by 3 April 2017 either by giving notice to Government or through a High Court Application. Now that the deadline has passed what does it mean for Māori who have applied and those that haven t? Understanding the types of application that can be made and how they are affected by the deadline Discussing Maanu Paul s proposed claim for all Māori who may not have applied for their customary rights Looking into the frameworks for Councils to work with Iwi depending on the type of application that has been made Nathan Milner, Senior Associate, Kahui Legal Post-Settlement Commitments Unit role in post-settlement issues A Post-Settlement Commitments Unit perspective on the post-settlement environment The role of the Post Settlement Commitments Unit and approaches to safeguarding the durability of Treaty settlements An overview of challenges and opportunities in a post-settlement environment Marian Smith, Director; Mae Newey, Senior Advisor; Bernadette Consedine, Principal Advisor, Post-Settlement Commitments Unit Māori Economic Development PSGE Case Studies In the post-treaty settlement environment it is anticipated that Māori will significantly advance their own economic interests for their members and future generations to come. This will have flow on effects for both the local and national economies. In this session we will hear from three Māori-owned entities about their post-settlement economic development journey. It will highlight the challenges and opportunities they faced while reflecting on the common themes that have emerged as they strive to achieve successful outcomes for their people. David Tapsell, Chair Finance and Expenditure, Pukeroa Oruawhata Trust Harry Burkhardt, Chair, Ngāti Kuri Trust Board Incorporated Lana Ngawhika, Deputy Chair, Te Arawa Lakes Trust; Director, Te Arawa Management Limited Extended Q&A Panel Session with David, Harry and Lana Your chance to question the panel about their PSGE experiences and how they have navigated their way through the challenges to achieve the best outcomes for their people. David Tapsell, Chair Finance and Expenditure, Pukeroa Oruawhata Trust Harry Burkhardt, Chair, Ngāti Kuri Trust Board Incorporated Lana Ngawhika, Deputy Chair, Te Arawa Lakes Trust; Director, Te Arawa Management Limited MORNING BREAK Interesting case studies in the changing Māori legal environment Case study - MV Rena In October 2011, the container ship Rena grounded on the clearly marked Astrolabe Reef in the Bay of Plenty while approaching Tauranga Harbour. Three months later the vessel broke in half. Learn about securing the resource consents necessary to leave the wreck of the Rena on Otaiti (Astrolabe Reef) Understanding the appeals that raise tangata whenua issues/concerns about cultural matters arising from the grounding and, notwithstanding the significant recovery efforts to date, the continuing presence of the wreck of the MV Rena on Otaiti James Gardner-Hopkins, Barrister, Woodward Street Chambers Opportunities for empowerment and development Managing relationships between Iwi and commercial companies In the post-settlement era collaborations between Iwi and commercial companies are becoming more common Learn the art of collaboration and understanding cultural differences Highlighting successful models to make collaboration beneficial for all involved conferenz.co.nz/māori

5 11.35 The recognition of Te Ao Māori in New Zealand natural resources legislation In earlier years there was very little recognition of Te Ao Māori in New Zealand natural resources legislation. However, increasingly, legislation is embracing Te Ao Māori and those concepts are being expressed in greater depth and detail. As a result, we are now seeing the emergence of legal frameworks which give more respect and visibility to that Māori world view. This change is often driven through new natural resource frameworks negotiated as part of Treaty settlements. This session will explore that evolution, will provide examples of how natural resources legislation has increasingly recognised Te Ao Māori, and will identify some opportunities for future legislative developments. Paul Beverley, Partner, Buddle Findlay Opportunities for Māori Business Development Gain an understanding of how Callaghan Innovation is working together with Māori business to help create opportunities and provide support. What support does Callaghan provide and how can Māori apply? An update on past businesses who have used the platform and where they are now Future perspectives on the development of Māori business Representative from Callaghan Innovation LUNCH BREAK Freshwater issues Structuring Māori business for success 1.10 Freshwater rights - Whanganui River Now that the Whanganui River has been given the legal status of a living being, how can Māori participate in the management of such a critical resource? What are the mechanisms, frameworks and formulas for Māori participation in protecting such a critical resource? A discussion to help with understanding the frameworks in place and trying to encourage solutions Jamie Ferguson, Partner, Kahui Legal 1.40 The Rangitaiki River Document The Rangitaiki document was developed by the Rangitaiki River Forum, a co-governance Treaty entity with equal council and Iwi membership. Almost through its planning cycle and the first of its kind, this document is a great example of collaboration between Council and Iwi. Learn about the Rangitaiki River Document and how it aims to protect and enhance the environmental, cultural and spiritual health and well-being of the Rangitaiki River and its resources for the benefit of present and future generations Understanding the challenges and opportunities of this five year journey that makes this a successful collaboration between Council, Iwi and the wider public Maramena Vercoe, General Manager, Te Rūnanga o Ngāti Manawa; Chair, Rangitaiki River Forum Structures of Māori business to maximise collaboration How to structure a Māori business with an emphasis on collaboration and tikanga to benefit all parties An explanation of the company structures available Overcoming challenges and using land well when constraints are placed upon it Looking at smart innovative investment models Guy Royal, Director, Tuia Group Growing Māori business in export, leadership and economic development It is a hugely exciting time for Māori business and the Māori economy as integration of Tikanga into commercial practices creates big opportunities. Learn about utilising the philosophies that Māori businesses can offer as a point of difference to attract consumers and investors Highlighting how to target consumers interested in safe, healthy food, natural products and the integrity of the supply chain Strategies to align with partners who understand your core values and accept the differences of operation with a Māori business 2.10 AFTERNOON BREAK 2.30 Māori business leadership and strategy The post settlement era is an important time for Māori to have confidence in the decisions and strategies they make in the business world. What are we doing to nurture young Māori leaders? Discussing the fundamental principles for successful Māori strategy and leadership Successfully integrating Tikanga whilst acknowledging the role of culture in business and relationships 3.30 Closing remarks from the Chair and end of conference The agenda content was an excellent combination. Overall high quality of knowledgeable speakers appreciated.

6 MĀORI LEGAL, BUSINESS AND GOVERNANCE FORUM Front cover illustration: View of Mount Cook (Aoraki), Mount Wakefield, Mueller Glacial Lake and Mueller Lateral Moraine from Kea Point. Back cover illustration: Lake Tekapo Māori language use checked and edited by an approved Māori Language Commission translator. W: conferenz.co.nz/māori P: (09) REGISTRATION DETAILS BOOKING OPTIONS SUPER SAVER Register & Pay before 5pm EARLY BIRD Register & Pay before 5pm LAST MINUTE Register & Pay after 5pm 31 JULY AUGUST AUGUST 2017 CONFERENCE $2,299 + GST SAVE $300 $2,499 + GST SAVE $100 $2,599 + GST REGISTERED MĀORI TRUSTS AND LOCAL GOVERNMENT $1,699 + GST SAVE $300 $1,899 + GST SAVE $100 $1,999 + GST Agenda Updates: Conferenz Ltd reserves the right to make any amendments deemed to be in the best interest of the conference. Agenda is correct at time of printing, please check online for any updates. HOW TO PAY - DIRECT CREDIT Direct credit to our bank account (please supply details of remittance) ACCOUNT NAME: Conferenz Ltd ACCOUNT No: HOW TO PAY - CREDIT CARD We accept most major credit cards. Please contact our office directly on (09) if you wish to use this method of payment, or register online for this event at conferenz.co.nz A 2.5% surcharge will be added to credit card payments WHAT HAPPENS IF I HAVE TO CANCEL? YOU HAVE SEVERAL OPTIONS: Send a substitute delegate in your place Confirm your cancellation in writing (letter or ) at least ten working days prior to the event and receive a refund less a $300+GST service charge per registrant. Regrettably, no refunds can be made for cancellations received after this date. GST No CL004 Code: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Copyright 2017 Conferenz Ltd conferenz.co.nz/māori