Sunday, February 27, 2011

Thursday March 10th

Environment Aotearoa 9 Co-governance




Co- management and Co-governance

Whatever solution is taken up by government regarding the foreshore and seabed there will probably be power sharing of some kind. The most desirable aspect for many iwi might be a form of co-governance or co-management.
A set of important elements of co-management arrangements are set out in a Local Government New Zealand publication entitled Co-management case studies involving local authorities and Maori (2007). These include the acknowledgement of iwi history and circumstances, common goals and objectives, strong leadership and the importance of planning.
When defining co-management the 2007 document says it describes decision-making processes where more than one party is involved in this process. There is a continuum from minimal involvement of an interested party to devolution of power to an interested party. At the lower end of the continuum the community is informed about decisions already made. This might progress to communication, consultation, co-operation and then the participation in advisory committees, management boards and finally in partnership or community control at the higher end of the continuum.
Some of the things that might be seen on a co-management continuum would be points of benefit for both parties, aspiration building processes, information sharing and partnership, testing and policing.

At the half way point there is, perhaps, communication involving the start of two way information exchange with local concerns beginning to enter management plans.
At all points on the continuum social capital is involved. A great deal of the discussion of social capital below is to do with co-governance but many of the arguments involved apply also to co-management and a high degree of social capital might be found at the level of shared responsibility, partnership or information sharing.
Putnam (1993) talks of social capital and the performance of public institutions. Yasao gives the following definition;
the institutionalised participation of citizens, such as through administrative evaluation, elections, information disclosure, omsbudsman systems and referenda systems at the local level comprises this medium for the physical materialisation of social capital.
Takao, Y 2006:2
A number of contributors have sought to refine the explanation of determinants for social capital formation. Fukuyama and Putnam see the origins of social capital in centuries of cultural evolution and both argue that government policies hardly contribute to social capital formation (Putnam 1993, Fukuyama, 1995). Others argue that social capital formation can be produced and accumulated in a rather short period of time to solve the problems of political and economic development (Fox 1994, Brown and Ashman 1996, Lowndes, Stoker, Pratchett, Leach and Wingfield 1998).
There are many examples of co-management and co-governance from around the world. The treaty system in Poland is one such example. The United Nations has had a strong interest in the area for some time as shown in the first case study discussed below to do with the importance of such leaders as mayors.
Peter Hall (1999, 2002:21-57) specifically emphasises the importance of government policies in influencing levels of social capital. In his view the case of post WWII Britain demonstrates that government policies which emphasised social policy and egalitarian education policy were able to maintain the level of existing social capital.
A key factor which would explain variation in stocks of social capital across localities and countries is the degree of both social inequality among citizens in the act of co-operation and political inequality among citizens in meeting public demand (Boix and Posner 1998: 688).
Part of social capital formation is the sharing of respect for differing world views and value systems. It is important that any consultative committee for co-management or co-governance recognises where the values and priorities of management varies from Maori to European world views and vice versa.
One example of social inequality and differing world view involves environmental risk due to erosion and pollution. Dymond and Shepherd (2006) suggest that 500 of 5000 farms in the Manawatu contribute nearly half of the sediment going into the Manawatu River. There are few Maori farm owners involved as the percentage of Maori farm ownership in the Manawatu generally is not high. This is comparable to Maori ownership of farms near the foreshore and seabed around the country.
In fact, Maori have little or no say in the farming community. It is also possible, given the earnings of farmers generally in this country to suggest that there are differences of a socio-economic kind between these farmers and the rest of the population including Maori.
With the differences above in mind co-governance or co-management of the water quality in the Manawatu River involves the management of the 500 farmers who discharge nearly half of the sediment into the river. Following the readings above, to do this effectively social capital would need to be created between Maori and the group of farmers involved in order for people to listen to one another.
Another way to look at this might be to suggest that the local council or some other quasi-governmental agency forms a bridge between the two groups. In some ways though this approach also involves social capital as all parties in such a serious matter need to know and trust one another.
It is also important when considering such examples as that of Dymond et alia above to suggest that the consultative committee on co-management note that strategies involve varying scientific views. The iwi have a scientific model.
The kind of environmental co-management sought by Maori must not only be defined in ecological or environmental terms. Co-management of the kind desired must also relate to indigenous cultures and the models and examples of government found in those cultures.
This might be taken to a higher plane. In the resource management context co-management involves the resource manager involving the community in decision making. In some situations this means sharing power and decision making with the community.
Co-management and co-governance may mean some sharing of responsibility for a resource between the resource manager and the community. It also involves drawing on a range of knowledge systems, including local knowledge to inform management and focussing on negotiation and consensus rather than adversarial approaches.
A recent study by a local bodies group (Local Government New Zealand, 2007) showed that in New Zealand twenty four percent of local authorities interpreted co-management on a spectrum of involvement. This includes a high level of control by Maori (for example where Maori have authority and control over a resource or have the ability to have a casting vote on a committee that manages the asset). Also included is the situation where an equal local authority/Maori level of control (for example where local authority and Maori jointly collaborate and assist with input into a local authority led process).
As well as these situations there is that where there is a low level of Maori involvement (for example where Maori are assured opportunities to input into a local authority process in what could be called enhanced consultation).
At the other extreme there is mention in the 2007 document of a Maori owned resource with local authority involvement in management. The case study of Lake Horowhenua discussed below might afford an example of this.
We need co-management in New Zealand as there are different cultures with different connections and responsibilities to the land. Conflicting world views also result in differing understandings of the level of participation and ownership.
It might be asked whether there is an existing framework in NZ for co-management? If not it might then be asked who might supply the methods or incentives to do so or how this might happen. Is this a question of local or national government? The questions raised above about social capital would seem to apply here and across the board in discussions of co-management and co-governance.
Closer to home than some of the field work undertaken by the commentators above is Tuvalu. This small Pacific island state is an interesting and important case. There are issues of self government and issues of environmental risk. The title of Michael Goldsmith’s work in this area is salutary; Theories of governance and Pacific microstates: The cautionary tale of Tuvalu (Goldsmith 2003a).
Goldsmith questions the popularity of governance frameworks in explaining development failures and proposing new models of development for Pacific states. Other work by Goldsmith on the use of terms like bi-culturalism and his cautionary thoughts on how terms like this can become different to their original meaning may apply to ‘co-governance’ and ‘co-management’(Goldsmith 2003b).
Regarding the last two terms, co-governance and co-management, the latter is a milder version of the former. At least that is the way it seems at first. Co-management though is a matter of exercising power clearly and effectively with another party and this is an exacting process. The devil, as they say, is in the detail.
With the theoretical points above in mind, next week a set of case studies in co-management and co-governance will be presented.
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Papers and Policy Documents
Local Authority Engagement with Maori, 2004, Local Government New Zealand publication
Co-management: case studies involving local authorities and Maori, 2007, Local Government New Zealand publication


Written by Peter Cleave

Wednesday March 9th

Environment Aotearoa 8 Kaipara Harbour Mouth




This week Environment Aotearoa leaves the Manawatiu and moves to a Greater Auckland location; the Kaipara Harbour.
Given the move to new territory this is a preliminary kind of discussion.
Let’s start with a comment from an MP from that general area. On 10 February 2011 Labour MP and Te Tai Tokerau candidate Kelvin Davis said the planned construction of two hundred tidal turbines in the Kaipara Harbour overrides the wishes of tangata whenua and other locals, and is the wrong decision.
“It will be impossible to construct 200 turbines the height of the Auckland Farmer’s Building in the Kaipara Harbour without undue impact on the marine environment.
“The sad thing is that there is an alternative solution, which is to construct a wind farm on the Poutu Peninsula, that people could live with,” Kelvin Davis said.
“If the environmental impact of these turbines is such that they kill off the west coast snapper, sharks and maui dolphin and silt up the harbour, who will take responsibility in the future for tearing the turbines out and restoring the harbour to its original state?
“This decision proves the shallowness of the Government’s commitment to protect the foreshore and seabed for everyone.”
Going back to a report by Wayne Thompson on Feruary 8th;
‘More than half a billion dollars will be spent on sinking tidal power turbines to the seabed of the Kaipara Harbour after the approval of New Zealand's first tide-driven power station.
But the Environment Court has set conditions of consent for the project after a year of mediation among four objectors.
The key requirement for applicant Crest Energy is two years of environmental monitoring and evaluation and starting with only three turbines.
The company wants to sink up to 200 turbines off the harbour mouth in a $600 million plan to harness the swift tidal flow to power homes from Albany to Cape Reinga.
It appealed to the court in 2008 when Northland Regional Council allowed only 100 turbines to be sunk.
On Thirsday (Feb 3rd), a final decision was issued by the court, Judge Laurie Newhook and commissioners Ross Dunlop and David Bunting.
They sought to overcome concerns about effects on the North Island's west coast snapper stocks and survival of the rare Maui's dolphin.
Heavy-duty changes to earlier draft conditions were made and they insisted on an adaptive management style for the project to ensure effects were no more than minor.
Crest's evidence was that the project would have no adverse effect on either the snapper fishery or Maui's dolphin breeding, nursing or feeding and that the dolphins rarely ventured into the Kaipara.
The conditions say if results with three turbines satisfy the Northland Regional Council, the company can add up to 17 turbines, provided operation of the 20 turbines is monitored for a year to give sufficient information on the impact on fisheries.
From there, the council will decide whether to allow turbines to be built up in further stages from 20 to 40, then 80 and then to a maximum of 200.
The director-general of conservation wanted the company to monitor operations for three years between going from 20 turbines to 40.
Iwi-based objector Environs Ltd wanted consent refused altogether or at least three years of monitoring after finishing each stage.
Judge Newhook said Crest and the parties worked co-operatively to resolve key issues.
He said the proposal was "very significant in terms of its contribution to power generation and the national economic interest". There was no basis to accept Environ's appeal that the term of consent should be for 10 rather than 35 years, he said.
Crest Energy director Anthony Hopkins last night expressed delight and said the company was now awaiting the consent of the Conservation Minister.’
So there is a green light for Crest and a red light for other parties some of the latter being denizens of the deep.
With the preliminary background above in mind it might be time to ask a few basic questions.
Has this been an easy ride for Crest Energy?
What about the views of Te Uri o Hau, the local iwi?
And what about the idea advanced by Kelvin Davis above that there could just as easily have been a wind farm on the Poutu Peninsular?
Is there a nationwide or West Coast plan here? After Kawhia are we looking at similar ventures at the mouths of the Manukau, Kawhia, Aotea and other harbours?
Most importantly, what about the species concerned? These include tamure and the maui dolphin. Are they at risk and if so to what extent?
Where to from here?


Written by Peter Cleave,

Tuesday March 8th

Commons, Iwi and Councils Environment Aotearoa 7




Environment Aotearoa 7
Commons, iwi and councils
Some things are not being noticed in the Foreshore and Seabed debate.
One is the idea of a common space on the foreshore and seabed. This is an old concept repackaged and rephrased as something new for iwi and others in Aotearoa and is presented as a solution to other ideas of land and sea ownership and tenure.
The common area in this case is not a plot at the back of the village where people grow cabbages and compare cauliflowers. It is the whole coastline.
Its almost an antiquarian English model where there will be a commons but just as there were departures for the nobility in England, the lords of the manor who might be free to hunt foxes every third Saturday while others may only watch, there will be variations around the coast of the country in regard to customary title. In the main these will be quaint arrangements regarding the collection of shellfish for events and not things that affect recreational use of the foreshore and seabed. We seem to have come a long way to have gone back so far. And for all that the history of enclosures and commons is not all rosy…
The commons always gives a sense of collective identity though and the scale of all this could change the way we think of ourselves.
At this stage it seems that only the arrangements with Ngati Porou will break the ring of the commons around Aotearoa in any significant way. The research of Tracey Whare on the Ngati Porou arrangement with the Crown (Whare, 2010) shows the complexity of the customary marine title and also shows the need to create new arrangements with local councils that is required through the gaining of customary marine title.
Whare says regarding the Bill regarding the Hapu of Ngati Porou;
Given the FSA premise that the public foreshore and seabed is vested in the Crown and that Maori have no right to compensation is this Bill the best that could be achieved? Does the tweaking of existing decision making processes simply mean business as usual? If so, then all the concerns around the FSA continue to be played out in this Bill. Given the Government’s previous negotiation processes, it also sets the precedent for future negotiations with iwi and hapu. With the government’s decision to review the RMA, the FSA and the proposed constitutional review, it remains to be seen what effect those reviews will have on this Bill. If the Bill is enacted its implementation will be closely monitored by all even more so by its supposed beneficiaries.
The Foreshore and Seabed Act: Five years on, where to from here?
Tracey Whare
In
Maori and the environment:Kaitiaki
Edited Selby, Moore and Mulholland
Huia Publishers 2010: 59-75
Tracey Whare also mentions pouwhenua instruments.
Whare seems to suggest that local councils such as that in Gisborne and on the East Coast actually get a lot out of the arrangements with iwi regarding customary title.
It seems as though the arrangement with Ngati Porou will stand regardless of whether the foreshore legislation before parliament at the moment is passed. Whare is referring to the legislation proposed earlier for Ngati Porou itself. There are all sorts of ramifications. One is the way in which redistribution of wealth amongst iwi occurs. The role of councils is not greatly considered in the literature on this topic. A set of readings are given in the bibliography notably Goldsmith and Van Mejl (2003) regarding the local situation and Taylor (1992) and Kymlicka (1995) giving a more general position. In most of the literature there is a central concern with the minority group and the state without a great deal of attention to local and municipal councils.
Should the legislation proceed we will face a commons, the like of which we have not seen in this country and that is a new ball game for environmentalists to be played out and discussed at a later stage. But a commons broken here and there by arrangements between iwi and councils is what we are looking at right now.

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Huia Publishers



Written by Peter Cleave,