Phase 3 - Approval and Execution
The approval process for CMRI includes:
- parties' internal processes
- receipt by Agencies of advice from the Officials' group after assessing the consistency of the CMRI proposal with the policy framework
- Cabinet approval (if required).
Internal processes
Parties may need to follow their own internal processes, such as approval by the Chief Executive or responsible Minister in the case of Agencies, before the formal approval and execution of a CMRI.
How parties coordinate these approval processes is at their discretion. However, it may be useful if Agencies obtain internal approval "in principle" for their CMRI before seeking advice from the CMRI Officials' group regarding compliance with the policy framework.
Consistency with CMRI policy framework
Agencies are directed to seek advice from the CMRI Officials' group regarding the consistency of their CMRI with the policy framework. This process is described in Phase 2. CMRI can be executed when the Officials' group informs the Agency that their CMRI is consistent with the policy framework.
Cabinet approval
Should your Agency choose not to comply with the policy framework and advice from the CMRI Officials' group, CMRI inconsistent with the policy framework can be submitted to POL for approval. Should your Agency take this option your Minister should submit a paper to Cabinet.
The process for submitting inconsistent CMRI to POL is as follows:
- the responsible Minister presents a Cabinet paper to POL containing the following:
- details of how the agreement is inconsistent with the CMRI policy framework
- an explanation of why the CMRI is inconsistent with the framework and the reasons why Cabinet should approve the agreement in its submitted form
- a section on consultation with the CMRI Officials' group concerning the agreement
- POL will make recommendations to Cabinet. For example, POL may recommend that the inconsistency is appropriate and that the CMRI should be executed, or that the CMRI should be varied to comply with the CMRI policy framework
- the recommendations of POL will be considered by Cabinet
- Cabinet will decide that the form of the CMRI is appropriate, or to vary the CMRI
- the Agency may execute the CMRI according to Cabinet's decision, but may need to re-negotiate any changes to the CMRI with the Māori Collective.
The execution of a CMRI is a significant event for both parties. Therefore, they may wish to consider some form of celebration on the execution of the agreement to reinforce the importance of the formalisation of their relationship.
CENTRAL REPOSITORY AND ANNUAL REPORTING
A central repository and database of CMRI has been created within Te Puni Kōkiri to maintain consistency of CMRI over time and across the state sector. The database will also assist the Ministry of Justice and Te Puni Kōkiri to report annually to Cabinet on trends in CMRI and any parts of the CMRI policy framework that require review. The following sections set out the roles of Agencies in relation to the database. The Terms of Reference for use of the CMRI database, with full details of the conditions relating to its use, are attached as Appendix 6.
Input of CMRI into database
Cabinet has directed Agencies to send Te Puni Kōkiri all new CMRI upon their execution for input into the CMRI database.
Agencies should provide Te Puni Kōkiri both a hard copy and scanned electronic version of the original signed and executed CMRI for entry into the database. The signatures of the parties and any hand-written additions should be clearly visible on both versions.
The hard copy of the CMRI should be
submitted to:
Crown-Māori Relationship Instruments Database, c/o Te Puni
Kōkiri,
PO Box 3943, Wellington;
AND
a scanned copy by email
to: cmridatabase@tpk.govt.nz
Release and confidentiality of CMRI
Release of all or part of a CMRI will be governed by the provisions of the Official Information Act 1982.
Access to CMRI database by Agencies
The CMRI database will enable officials to advise Agencies on issues relating to CMRI. For instance, access to the information will be available to ensure consistency in proposed CMRI relating to:
- an attribution of mandate to a Māori Collective
- recognition of rohe
- acknowledgement of status
- obligations for the Crown with the same Māori Collective
- obligations for the same Agency with different Māori Collectives
- use of Treaty statements in CMRI.
This advice is available by mail
from:
Crown-Māori Relationship Instruments Officials' Group,
c/o Te Puni
Kōkiri, PO Box 3943, Wellington
OR
by email from:
cmriog@tpk.govt.nz
Ongoing obligation of Agencies
Agencies should inform the Officials' Group at the above addresses when a CMRI has been terminated or expired.
Revisions of existing CMRI should also be sent to the CMRI Officials' group for advice on compliance with the policy framework before being submitted to the database to ensure that a comprehensive record of the commitments of Government is maintained.
