OIAD-2421
02 November 2022
John Luke
[FYI request #20746 email]
Tēnā koe John
Thank you for your Official Information Act request to the Department of Conservation,
received on 04 October 2022 in which you asked for information regarding the Ngati Tama
Joint Advisory Committee (the JAC):
I noted,- Ngāti Tama Joint Advisory Committee
https://gazette.govt.nz/notice/id/2022-go4101
May I ask how did you call for public nomination and on what platform you have call for
public nominations, e.g. govt.jobs website. Also, how many applications you have
received from the public and how many you have received from other nominating
agencies such as TPK. further, how many you have shortlisted.
I am also requesting the position description of this role and the pay rate.
Your questions and our responses are provided below.
1.
May I ask how did you call for public nomination and on what platform you have call for
public nominations, e.g. govt.jobs website.
A letter was sent to appropriate entities as outlined in section 43(2) of the Ngati Tama Claims
Settlement Act 2003 (the Act) to remind them of their statutory obligations to put forward
nominations that are due by a set date. There is no ‘call’ for public nominations.
2.
Also, how many applications you have received from the public and how many you
have received from other nominating agencies such as TPK. further, how many you
have shortlisted.
No applications are received from the public as nominations are received from appropriate
entities specified within the Act. There is no shortlisting of nominating agencies. The
Minister of Conservation appoints members of the JAC as per section 42 of the Act. The
JAC is made up of six members nominated by respective entities as required under section
43 of the Act and in this respect, there is no ‘call for public nominations.’ The functions of the
JAC are set out in section 44 of the Act.
Members are not paid a fee for their representation on the JAC. This process is set out in
sections 42 and 43 of the Act enclosed:
Page 1 of 3
Membership of joint advisory committee
42
Appointment of members of joint advisory committee
(1) The Minister must appoint the members of the joint advisory committee in
accordance with
section 43.
(2)
Every member of the committee, including the member appointed as
chairperson, is appointed under
section 56(1) of the Conservation Act 1987 by
notice published in the Gazette.
(3)
The notice of appointment must specify each member’s term of office.
(4)
A member takes office from the date stated in the notice of appointment.
(5)
A member may be appointed for a term of up to 5 years and may be
reappointed.
The composition of the membership of the JAC is spelt out in section 43 of the Act:
43
Constitution of joint advisory committee
(1) The joint advisory committee must consist of not more than 6 members
appointed under
section 42.
(2)
Nominations must be made in writing to the Director-General, not later than 6
months after the settlement date, as follows:
(a) 3 members nominated by the governance entity:
(b) 2 members nominated by the Director-General:
(c) 1 member nominated by the Taranaki/Wanganui conservation board.
(3)
The Minister must appoint as the chairperson of the committee the member of
the committee nominated for the office of chairperson by the governance entity
in writing to the Minister.
3.
I am also requesting the position description of this role and the pay rate.
There is no official position description for the role of JAC members. This part of your request
is refused under section 18(e) of the Act as the information does not exist. For your reference
I have provided the functions of the JAC as set out in section 44 of the Act. As previously
noted, members are not paid a fee for their representation on the JAC.
Page 2 of 3
44
Functions of joint advisory committee
(a)
to advise the Minister on conservation matters affecting the Whitecliffs
conservation area:
(b)
to prepare management plans in relation to the Whitecliffs, Uruti, and Mount
Messenger sites in accordance with clause 4 of the conservation covenants
referred to in
sections 30(2), 32(2), and
33(3):
(c)
to undertake other responsibilities required by the conservation covenant:
(d)
if
section 46 applies, to approve conservation management plans, and a review
or amendment of the plans, for the Parininihi marine reserve.
A link to the Act is provided below:
www.legislation.govt.nz/act/public/2003/0126/latest/whole.html#DLM234250. Please note that this letter (with your personal details removed) may be published on the
Department’s website.
You are entitled to seek an investigation and review of my decision by writing to an
Ombudsman as provided by section 28(3) of the Official Information Act.
If you wish to discuss this with the Department, please contact Dr Rick McGovern-Wilson,
Statutory Bodies Manager/Executive Officer NZCA at
[email address]. Nga mihi
Daniel Heinrich
Director Operations, Hauraki/Waikato/Taranaki
Department of Conservation
/Te Papa Atawhai
Page 3 of 3