Wednesday 10 th December 2003

Good afternoon and thank you for this opportunity to address the Forum.

Last Thursday I was privileged to attend the memorial service for George Mason - a truly great man who served us all throughout his remarkable life. Born on Great Barrier, George was a farmer, a returned serviceman, County Councillor and the first policeman on the Barrier. For many, many years he was the dedicated and totally committed operator of Channel 1, Great Barrier Radio. He will be sorely missed by all of us who he has served so well for so long.

We arrived at the Whangaparapara wharf to a spine tingling and thrilling powhiri delivered by John De Silva's young men from Mangati Bay . Then the long, slow walk to the Lodge, accompanied by the bagpipes, where we came together with the residents of Great Barrier - the Medlands, Blackwell, Sanderson and Mabey families. The family of Ngati Wai ki Aotea. More boats and their crews, all members of the Great Barrier Radio and Hauraki Gulf family.

A beautiful service led by Harry Walker, endless speeches of appreciation and celebration of this wonderful man. He touched many, so meaningfully over decades of selfless service and assistance.

Our return voyage to Auckland came all too soon. Out into the Gulf – the Jet Raider full of old friends, new friends, on flat calm water with dolphins, birds and schooling fish in all directions. So many shared memories – magic.

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That experience last week certainly highlights the point we wanted to make today.

When consulting with the public for a marine reserve proposal, we need to know “who and what is local?”

To simply define local as those who happen to be living nearby at a particular moment in time is a nonsense in our opinion. It is an insult and a gross misjudgement to ignore those who obviously have so much history, affiliation and commitment to the Gulf. We live where we must. Old age, ill health, schooling and employment opportunities ultimately determine where we settle at any one time. The crew who made the journey to Barrier last week are living proof that these people are well connected to the Island and even more so with the waters surrounding it.

The Department's inadequate consultation process regarding the marine reserve proposal for the Island , which saw those people ignored, two ‘Drop In' meetings organised on the mainland and the clumsy, slanted and inaccurate document and questionnaire all adds up to inadequacy. DoC have failed at the most fundamental level to adequately consult, as they are duty bound to do when proposing a reserve.

No amount of whitewash regards the “Drop In” meetings and submission analysis will remedy this most fundamental failure on the part of DoC.

The second point we wish to make today is the ongoing piecemeal approach to protecting the marine environment. This must not be allowed to continue. The credibility of those so committed to working through the complex and challenging processes to protect the marine environment is at stake. We must have a comprehensive review of marine protection objectives, the tools available to meet those objectives and the resources needed to give effect to those tools. We believe the holy grail of conservation is shifting and updating people's attitudes, behaviours and expectations – option4 contend that the current craze of marine reserves does nothing to further the achievement of these objectives. The promises and benefits are illusions.

It is not about one government department overriding all other interests. It is about achieving what needs to be achieved by way of cooperation not competition. We believe the Hauraki Gulf Forum has a real contribution to make at this level. We would welcome an opportunity to contribute to a Hauraki Gulf Forum initiative to see the all important process and stakeholder cooperation come together to have our precious Hauraki Gulf protected for future generations to enjoy.

Thank you for your time and attention today.

Trish Rea

option4 spokesperson

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