Appendix 6 - Terms of Reference for the CMRI Database
1 Underlying Authority
On 2 August 2004 after consideration of the recommendations of POL on the Crown-Māori Relationship Instruments policy framework, Cabinet:
1.1 agreed to the creation of a central repository and database within Te Puni Kōkiri of all CMRI to:
- advise Ministers and Agencies on any issue in relation to particular CMRI, and specifically on issues of consistency among and within CMRI
- inform Government oversight of CMRI and review of the CMRI policy framework.
1.2 agreed that a copy of all CMRI be sent to Te Puni Kōkiri to form part of the CMRI database as follows:
- every new CMRI
- every existing CMRI not already provided to the ad hoc Officials' group, as previously directed by Cabinet during the development of the CMRI policy framework.
1.3 directed the Ministry of Justice and Te Puni Kōkiri to report annually to POL on trends in CMRI and any parts of the CMRI policy framework needing review with the first report due by 31 October 2005.
1.4 agreed to the following process for approving CMRI: the Ministry of Justice and Te Puni Kōkiri should check proposed CMRI before execution to ensure that the proposed instruments comply with the policy framework and with other applicable policy and legislation. Non-complying CMRI would be submitted to POL for approval (CAB Min (04) 25/8).
2 Use of Database
2.1 Based on the Cabinet directives, the database will be used to:
2.1.1 provide Ministers with advice on any issue that arises in relation to individual CMRI, or on trends in CMRI
2.1.2 advise agencies on issues in relation to CMRI they are developing, especially in relation to: issues of consistency relating to mandate, rohe, representative capacity; use of Treaty of Waitangi statements; and other important acknowledgements
2.1.3 enable Government oversight of trends in CMRI
2.1.4 enable yearly reporting on CMRI to POL
2.1.5 enable officials from the Ministry of Justice and Te Puni Kōkiri to perform their vetting function for draft CMRI.
2.2 Primarily for the purposes described at 2.1.2 and 2.1.5, the database will be searchable to inform officials where CMRI have previously:
- attributed a mandate to a specific Māori Collective over a people, area and/or issue
- recognised/defined a rohe/area of interest
- acknowledged tangata whenua or mana whenua status
- created obligations for the Crown with the same Māori Collective
- created obligations for the same agency with different Māori Collective
- included a Treaty statement in the CMRI.
2.3 The database will also be used by Te Puni Kōkiri in its function as the Chief adviser to the Crown on its relationship with Māori.
3 Responsibilities, Access and Release of Information
3.1 The database will be administered by Te Puni Kōkiri. It will be set up both electronically and in hard-copy form. Access to the database will generally be restricted to officials from Te Puni Kōkiri who are engaged in work for the purposes described at clauses 2.1.1-2.1.5 and 2.3 above.
3.2 A permanent Crown-Māori Relationship Instruments Officials' group will be constituted, made up of officials from the Ministry of Justice and Te Puni Kōkiri. The Officials' group will have the responsibility of using the database to check consistency among and between CMRI. The information contained in the database will be accessed by an Officials' group member where they are engaged in work for the purposes described at clauses 2.1.1-2.1.5 above. Ministry of Justice officials will gain this access through responsible officials at Te Puni Kōkiri.
3.3 Other persons able to gain access to the database through Te Puni Kōkiri officials will be:
- parties to CMRI, to their own CMRI and only through their designated representatives
- the Crown Law Office, to advise on matters in relation to CMRI
- Government agencies, conditional on the agreement of the parties to the CMRI
- persons to whom the release of information is required by law.
3.4 Release of information contained within the database will be governed by the provisions of the Official Information Act 1982 and the Privacy Act 1993. Te Puni Kōkiri will notify the parties to the CMRI where a request for release under the Official Information Act 1982 is received and of the outcome of the request.
4 Deliverables
4.1 Where the Crown-Māori Relationship Instrument Officials' group receives:
- a request for advice on consistency among CMRI from an agency or
- a CMRI as part of the approvals process agreed by Cabinet, and may be aided by accessing the database, the Officials' group will reply within 7 days of receipt with a statement of the expected timeframe a response will require. That timeframe will be determined by the Officials' group, but will be reasonable taking into account available resources.
4.2 Te Puni Kōkiri and the Ministry of Justice will report yearly to POL on trends in and issues for CMRI. The database will be used to aid this purpose.
5 Commencement and Review of Terms of Reference
5.1 Operation of these Terms of Reference will commence on promulgation of the Guidelines for CMRI.
5.2 These Terms of Reference will be reviewed one year after the commencement date.
