Phase 1 - Contemplating a CMRI
Promoting a Positive and Worthwhile Relationship
Sufficient Resources
Common Themes (from
discussions with parties to CMRI)
In contemplating a CMRI the following three principles should guide your approach:
- both parties should have a shared interest in developing the relationship
- it must lead to an identifiable outcome
- both parties should set the parameters of the relationship together.
PROMOTING A POSITIVE AND WORTHWHILE RELATIONSHIP
Before any Agency enters into a CMRI, it must consider whether the proposed instrument can contribute in a genuine way to the promotion of a positive and worthwhile relationship for both parties, and whether the human and financial resources and commitment to the relationship are in place to ensure that the CMRI operates as intended for a sustained period.
Relationships are stronger when based on rules that both parties establish together. A CMRI can formally record these rules.
When contemplating if a CMRI is desirable the Agency should consider whether:
- the CMRI will help develop or maintain a positive relationship between the parties and that the views of the respective parties have been appropriately taken into account
- both parties are committed to the relationship documented by the CMRI and to the outcomes sought under it
- both parties consider there are benefits of a CMRI
- the outcomes expected of the CMRI are clear to both parties and are achievable
- the CMRI is an effective way for the Agency to accomplish its objectives/outcomes[1]
- the CMRI will assist the Māori Collective to accomplish its goals
- the CMRI will have implications for the broad Crown-Māori relationship including Treaty-based relationships or Government-Māori relationships (observing that a Treaty relationship between the parties may not exist)
- the CMRI will impact on the Agency's relationships with other stakeholders.
As an integral part of strategic planning and stakeholder management, an Agency should consider whether developing a CMRI is appropriate or whether there are other ways of achieving the same objective.
Where the Māori Collective is a representative body, the Agency should make every effort to understand the membership of the group, whether the Collective has authority to represent the group's interests and the geographical area represented.
Agencies should be aware that the Crown may enter (or may have already entered) into CMRI with different Māori Collectives that have overlapping interests, boundaries or membership. Consistency is important. Therefore, Agencies should be confident that the membership and territory represented by a particular Māori Collective is consistent with who and what area it represents in other CMRI.
The CMRI database within Te Puni Kōkiri can be accessed to help establish this information. Alternatively officials in Te Puni Kōkiri or the Office of Treaty Settlements can be contacted for advice. Tūhono (www.maori.org) Te Aka Kumara o Aotearoa (www.takoa.co.nz) and Te Kāhui Māngai (www.tkm.govt.nz) are also useful resources to help establish or confirm this information.
Agencies should consider whether the human and financial resources and commitment to the relationship are in place to ensure that their CMRI operates as intended for a sustained period, before entering into any CMRI.
Staff and Time
Parties to existing CMRI have found that developing and implementing a CMRI can require significant investment in terms of staff and time. The following should be considered:
- does your Agency have staff with the requisite:
- experience to build an effective CMRI and sustain a relationship with the Māori Collective; or
- empathy and skills to learn how to do this?
- if neither, how does the Agency plan to build its capacity and skill-base?
CMRI are more successful when organisations are committed to advancing the relationships; and individuals establish personal ownership of the relationship and the CMRI, including capacity to handle tasks appropriately and provide for succession needs. A clear avenue of contact for the Māori Collective and the ability to interact kanohi ki te kanohi (face-to-face) will facilitate a stronger relationship between the parties and a more effective CMRI.
Finances
Financial resources will be required to develop and manage a CMRI. The resources available to both parties should be considered in the development stage, especially if the CMRI is intended to last for an extended period of time. Māori Collectives can have very stretched human and financial resources. This may need to be reflected in the CMRI and Agencies may need to contribute to the development and management of the CMRI accordingly.
Agencies should consider expenses relating to:
- staffing costs for those allocated to the work
- developing the requisite understandings for the parties to operate effectively under the CMRI, such as:
- the Agency's overall objectives for the Crown-Māori relationship
- cultural training for staff (for example, in te reo or the tikanga and kawa of the particular Māori Collective)
- building of technical capacity relating to the subject-matter of the CMRI for staff of the Māori Collective
- negotiating the CMRI
- operational aspects of the CMRI, such as:
- regular meetings
- travel
- hosting expenses
- exchange of information
- reporting and monitoring progress
- reviewing the relationship.
COMMON THEMES (FROM DISCUSSIONS WITH PARTIES TO CMRI)
The comments set out in this table illustrate the kinds of issues which parties to CMRI considered important or relevant to the development of effective CMRI.
| Theme | Comment |
| Capacity, resourcing and commitment | The capacity within Māori Collectives is often spread very thin: financially and personnel-wise. Resources of Agencies can be limited and some may only enter agreements with Māori on an "as needed" basis. Mātauranga (knowledge) is an important resource. Seek to understand what knowledge is being contributed by each party. Commitment levels on both sides should be equal and agreements should embody the principle of reciprocity. CMRI should be entered into with genuine intent, not for reasons perceived to be tokenistic (especially not as a statutory "tick-box" for interaction with Māori). Agreements should be based on the parties seeking solid outcomes. The Agency should consider what benefit Māori will get from the agreement, not just what the Crown will gain. |
| Succession planning | While there is generally continuity of personnel on the Māori side, there can be difficulty in maintaining effective relationships between parties to CMRI and institutional knowledge as staff move through the public service. Good internal processes can assist this. |
| Benefits of CMRI | Relationships based on a CMRI can also extend to other aspects of an Agency's work, and give each party a channel of communication into the other. Some Agencies feel these agreements are beneficial because they get the input they need to make decisions more effectively. |
| Trust and good will | Trust and good will are vital to relationships and can only be built up over time. This includes developing understanding of and respect for the other party's particular circumstances and its social and cultural context. The efficacy of the agreement is dependent on the health of the relationship between the parties. Crown constraints and risks are more often accepted when they are made clear in the context of acting in good faith and intent. The drafting process should have equal input by both sides in order to assist in creating trust and enhancing the relationship. |
| Appropriate level of interaction | Appropriate levels of communication and interaction are important. For example, a Crown official who does not have "signing-off" authority should not approach the Chief Executive of a Māori Collective to develop or discuss a CMRI. The Agency should gain an understanding of the internal structures of the Māori Collective (which can parallel those of the Crown) and work within these structures. It is important to have clear avenues of communication at all levels between the Agency and Māori Collective. For example, where an agreement has sign-off at a high level, both parties need to ensure that the agreement is working well lower down at the operational level. |
| Significance of agreements to Māori | CMRI may represent commitments to the tipuna and future generations. When a Māori Collective enters into a CMRI, it may be offering the mana of that group and expect the same commitment from the Agency. |
| Treaty underpins the agreements | Even if not explicitly stated within the agreement, Māori may see the partnership inherent in the Treaty of Waitangi as the basis of the agreement (especially apparent with iwi). |
| Clarity of agreement | Agreements should always have a clear purpose. There should always be
clarity in relation to each party's expectations and understandings. If there
are separate understandings on particular issues, the CMRI should be clear about
which views are shared and which are not. Most agree that there should be a
division between the higher level CMRI and the more operational matters under it
(other protocols or contracts). Agencies should be clear in relation to the
following:
|
| Uniqueness of agreements | If agreements are based on a template there should be room for variation depending on the objectives and circumstances of the parties. It is important to affirm the uniqueness of each relationship. |
| Disputes | Dispute resolution works best if it can be done by discussion between the parties - using the relationship rather than the document. |
| Crown agencies indivisible from "the Crown" | Notwithstanding an Agency's particular mandate and responsibilities, it may be seen by the Māori Collective as representing the whole of the Crown because it may be the only existing relationship the particular Māori Collective has with the Crown. |
| Monitoring relationship | Regular interaction is important for maintaining the relationship. More lasting and healthy relationships are facilitated by regular review of the CMRI and relationship. |
Footnote
1 These include the Key Government Goals to Guide the Public Sector in Achieving Sustainable Development, Department of Prime Minister and Cabinet (2003), and Statement of Government Intentions for an Improved Community-Government Relationship, issued December 2001.
