Venue: Miranda Shorebird Centre, Miranda

Date: Wednesday 29 th October 2003

Chair: Paddy Stafford-Bush, ACB

Duration: 2.0 hours

Attendance: 12 public, 9 Board members, Rob McCallum (DoC), Marie Alpe (DoC), Warwick Murray (DoC).

A powhiri for the new members of the Board Kathy Walsh and Jenny Kirk preceded the meeting. This was followed by afternoon tea and an opportunity to talk with Board members and others attending the public forum.

Public Forum

David Lawrie - Chair Miranda Naturalists Trust gave a presentation of what work the Trust volunteers had been doing to preserve the habitat for birds including godwits and red knot. They have an ambitious plan for the future and hope to settle on a memorandum of understanding with overseas countries to preserve habitat for migrating birds along the entire Australasian Flyway.

Bill Brownell - Chair EcoQuest Education Foundation talked with the Board of his personal involvement in conservation issues. Bill discussed the Firth of Thames in detail and the effects of aquaculture. He stressed the importance of the high primary productivity of the Firth of Thames ecosystem, particularly reflected in the high diversity and abundance of fish and shellfish, and the need to manage this sustainably. He is worried that the existing locally-based, small-scale marine farmers will be pushed aside by corporate marine farming interests that could rapidly overexploit that common resource, to the detriment of individual users and small-scale enterprises. Bill and his EcoQuest colleagues have written a report “Muddy Feet” about the intertidal ecosystem of the Firth of Thames (from the Waihou River mouth around to Kaiaua). Bill will be providing a copy of this report for our information. He also spoke highly of new Board member Kathy Walsh and her community action work in the Kaiaua/ Firth area.

Jon Kearins - Franklin District Council planner presented the Council's Rural Plan Change 14. Of particular interest here is a new provision to help protect the marine environment of the Firth of Thames by controlling subdivision development along the foreshore. The Council are seeking submissions and acknowledge there is more that needs to be considered before finalising the Plan. Kathy Walsh to investigate in more detail on behalf of the Board.

A letter from Pat Cook regarding coastal erosion and sedimentation issues was tabled at the meeting by Paddy Stafford-Bush.

Trish Rea - option4 spokesperson addressed the Board on several matters.

Great Barrier – Warwick Murray advises the analysis of submissions has been delayed and will be available before the end of November.

Consultation – an excerpt from the Court of Appeal decision on the Wellington Airport Ltd case was read out to the meeting. Trish explained that DoC have a responsibility to consult with the public in a meaningful manner. option4 do not consider the consultation undertaken during the Great Barrier Island marine reserve debate was adequate.

‘Drop In' meetings – opinions of the public were to be recorded during these 2 meetings to discuss the GBI marine reserve. Warwick advised that Emma Rush took notes not each person's opinion during the meetings and they will provide a copy of those notes to option4.

Marine Reserves – Warwick is leading the effort on behalf of DoC to gather the information and resources together for the coordinated strategy on marine reserves. DoC are in the early stages of developing the programme and option4 will be one of many parties involved in the process. He advises it may take years to achieve an integrated approach, Trish advised option4 are keen to be involved as marine reserves are forever so we need to get it right. Achieving long-term results through cooperation has to be better than the adversarial approach we have been through to date.

At the end of the public forum the Board continued with their meeting as per the agenda. Most of the Board were staying at the Shorebird Centre overnight so they could attend a field trip in the area the following day.

Summary

A positive meeting with some good contacts made with members of the public. Trish to obtain a copy of the “Muddy Feet” report from Bill Brownell and ‘Drop In' meeting notes from Warwick Murray (DoC).

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