The next ordinary meeting of the Board is to be held on 29/ 30 October 2003 at the Miranda Shorebird Centre, East Coast Rd commencing at 3.30pm. The meeting will adjourn at 6pm and reconvene on Thursday 30 October 2003 at 8.30am.

AGENDA

•  APOLOGIES/WELCOME/INTRODUCTIONS

The Board meeting will be preceded by a powhiri for new members of the Board Kathy Walsh and Jenny Kirk.

•  PUBLIC FORUM [Wednesday 29 October]

Time will be set aside for members of the public to address the Board regarding conservation issues. Speakers are asked to keep their presentations brief and to provide the Board with background information in writing where possible.

• David Lawrie, Chair Miranda Naturalists' Trust / National Wetland Centre
• Jon Kearins, Franklin District Council will provide a briefing on Council's Rural Plan Change 14. Background information has been circulated to Board members.
• Trish Rea, option4
• Mrs Pat Cook, Maraetai - a letter regarding coastal erosion and sedimentation issues will be tabled.

3. REVIEW AND CONFIRMATION OF MINUTES

3.1 Minutes of the meeting of 28 August 2003 [Attached]

3.2 Matters arising - Special Meeting 23 October 2003

• Preparation of a response to the Motuora Restoration Society
• Auckland Business Plan Directions 2004/5

4. REPORTS

4.1 Auckland Conservator's Report [Attached]

4.2 Chairperson's Report

• Flor Anthoni paper on marine reserves tabled by option4 at the August meeting [Stafford-Bush]
• SH20 Mt Roskill Update [La Roche]
• Conservation with Communities Subgroup [Galbraith]

5. MAJOR ITEMS

5.1 Strategy for the Protection of Marine Biodiversity in the Hauraki Gulf [report attached]

5.2 Vehicles on Beaches Forum Update [To be taken at 9.30am, 30 October 2003]

Harley Spence [Coastline Consultants] and Greg Lowe [Franklin District Council Parks Manager] will join the meeting for this item.

5.2 CMS Related Matters

• Draft Statements of General Policy - process for preparation of Board submission [closing date 19 December 2003]
• CMS Implementation monitoring for Miranda, Key Area 24 [report attached]

5.3 Pollen Island Update [report attached]

5.4 Board Business

• Review of Board procedures [report attached]
• Review of sub-committee structure and membership
• Recreation Facilities Review - process for preparation of Board submission [closing date 30 January 2004]
• Arrangements for November inspection of Motutapu and Motuihe Islands [report attached]

6. STATUTORY ACTIONS

6.1 Resource Consent Applications by the Department of Conservation

Refer Item 4.1 for updates.

6.2 Concession Schedules [Report and schedule attached]

This is a standing agenda item to provide information about concession applications and approvals.

6.3 Triggered Concessions [Report attached]

7. SUBCOMMITTEE REPORTS

Maori Members/ Marine

• Endorsement of submission on Government's foreshore and seabed proposals [attached]
• Planning/ Concessions
• SH 20 Avondale extension update [Galbraith]
• Eastern Corridor proposals update [Fenn/ La Roche]
• Endorsement of submissions on (1) Sunny Bay proposals criteria and (2) renewal of Supporters of Tiritiri Matangi guiding concession [attached]

Walkways

• Land Access Reference Group [La Roche] Submissions close 30 November 2003

8. MINUTES - NEW ZEALAND CONSERVATION AUTHORITY AND NEIGHBOURING CONSERV ATION BOARDS

• NZCA Chair' s Memo for meeting of 8/9 October and paper on Vehicle Use Impacts on Coastal Conservation Values [attached]
• Minutes of the NZCA meeting of 13/14 August 2003; unconfirmed minutes of the Northland Conservation Board meeting held 26 September 2003; confirmed minutes of Waikato Conservation Board meeting held 6 June 2003 [circulated to members]

9. LIAISON/ REPRESENTATION

Verbal reports from members on liaison or representation activities.

• Pest Liaison Group [Alpe]
• Other

10. CORRESPONDENCE

[Schedules attached]

11. OTHER BUSINESS

12. DATE AND VENUE FOR THE NEXT ORDINARY MEETING

Proposed - Auckland Conservancy Office 11 December 2003

October 29 th 2003

Thank you for the opportunity to speak with you again today.

option4 have spoken to the Board three times this year with the intention of informing you of what the public are saying regarding marine reserves and marine protection in general. As an independent body representing community interests in their rights to fish for food and marine protection it is only fair we make this effort to share with you what feedback we are getting.

Great Barrier Island marine reserve

I note with interest the comment in the unconfirmed minutes of the August Board meeting that the analysis of the submissions would be available to the public by the end of September. I understand this has been delayed and would like some indication of when the analysis will be available. There is a huge amount of interest in this proposal and in particular the process undertaken by DoC to gather support for the reserve, the process and basis of their analysis of the public feedback.

Public Meetings

Also noted is the comment that the ‘Drop In' meeting held at the Marine Rescue Centre was “ in effect a public meeting”. In no way can that meeting be considered a public meeting in consultation terms. If we look at the definition on effective consultation in the Court of Appeal decision arising from the case between International Airport Ltd and Air New Zealand (CA 23/92, 73/92[1993] 1 NZLR 671). The relevant section of the decision is as follows:

‘Consultation must allow sufficient time, and a genuine effort must be made. It is a reality not a charade. To consult is not merely to tell or present. Nor, at the other extreme is it to agree. Consultation does not necessarily involve negotiation towards an agreement, although the latter not uncommonly can follow, as the tendency in consultation is to seek at least consensus. Consultation is an intermediate situation involving meaningful discussion. Despite its somewhat impromptu nature I cannot improve on the attempt at description, which I made in West Coast United Council v Prebble at p. 405:

‘Consulting involves the statement of a proposal not yet fully decided upon, listening to what others have to say, considering their responses and then deciding what will be done.'

Implicit in the concept is a requirement that the party consulted will be (or will be made) adequately informed so as to be able to make intelligent and useful responses. It is also implicit that the party obliged to consult, while quite entitled to have working plan in mind, must keep its mind open and be ready to change and even start afresh. Beyond that, there are no universal requirements as to form. Any matter of oral or written interchange which allows adequate expression and consideration of views will suffice. Nor is there any universal requirement as to duration. In some situations adequate consultation could take place in one telephone call. In other contexts it might require years of formal meetings. Generalities are not helpful.'

While the Department may consider their obligations to consult less due to the non – statutory phase of the Great Barrier Island marine reserve proposal option4 consider any attempts at consultation should at least meet the requirements of the above legal definition. It is also very important to note that the statutory phase of the marine reserve establishment process does not include consultation with the wider public. For many, what consultation will occur has occurred. We remain firm in our opinion that the Department's efforts to inform the public of their opportunities to be consulted were inadequate.

‘Drop In' Meetings

At the 'Drop In' meetings the public were offered the opportunity to talk to staff on a one-on-one basis and have their opinions recorded. Where have those opinions been recorded and would the Board have access to the records? option4 would like to have a copy of those opinions for our records with any obvious personal information removed.

Marine Reserves

It was very encouraging to listen to the Conservator, Rob McCallum address the Hauraki Gulf Forum on September 17 th and acknowledge the concerns raised regarding the ad hoc nature of marine reserve creation, the lack of strategic approach to marine reserve proposals and concerns around public consultation. The fact that DoC has decided to take a leading role in talking to all of those agencies and the public about how we want biodiversity protected is a great step forward and option4 want to be part of that process. There is a lot more that can be gained by a cooperative approach than any process we have been involved with to date. We look forward to being actively involved and using our networks to engage with the public in a meaningful and consultative manner.

Thank you for your time today

Trish Rea