Dear Editor, The To Tatou Vai (TTV) was scheduled to hold a workshop for the catchment committees (CC) last week. The catchment is the land above the Te Mato Vai water treatment plants; the land in the middle of island.

By law, a small number of catchment landowners are now a stand-in for public consultation. Aside from the Cook Islands Investment Corporation board, the ongoing management of our water is not subject to broader public scrutiny.

The TTV Act mandates the payment of fees, allowances and operating budget. According to (TTV) relationships manager William Tuivaga, in total there are 74 CC members and 10 committees. In May each member received $2000, and each chairperson was paid $2500. TTV handed-out $150,000. Last week, the committees were to be paid-off again – that’s another $150,000.

When it comes to spending public monies there’s a process to follow - everything must be kept ‘above board’. In this case, Executive Council makes an Order: the ministers and the King’s Representative decide how much to pay-out. The Order is then published in the Gazette, and tabled in Parliament. This process is simple, accountable-and-transparent, there should be no surprises.

I’ve checked with Parliament, and there is no Order for the catchment committees. I’ve written to TTV chair Brian Mason and asked that he obtain an Order before making payment. He has acknowledged the request, but has made no such commitment. This apparent lack of regard for due process is a matter of public concern.

TTV did not request catchment money in 2023, and did not budget to pay the committees this year. So how has the water authority funded over $300,000 in unauthorised expenditure?

I’ve met with the Public Expenditure Review Committee and Audit (PERCA). PERCA have a duty to investigate fiscal management, and the office is now taking a closer look at TTV’s books.

Justine Matatoa Flanagan

Te Vai 'Ora Maori

Response

The catchment committee members are voted in by meetings of assembled owners held at the Court. So they are appointments of the landowners and similar to committees of management for landowner Incorporations.  The purpose of both is to have a manageable group of persons representing the interests of all landowners. So far this has worked well for the catchment committees just as it does when Incorporations are properly managed. The only exception to this is the Ngatoe Catchment where the committee is not voted in but is made up of local mataiapo. That is because the relevant land is uninvestigated. Being customary land no meeting of assembled owners can be held.

In respect to the second matter Ms Flanagan is correct. Cabinet approved the payments to the Catchment Committees but inadvertently the necessary regulation has not been promulgated. This is being attended to. I had previously confirmed this fact to Ms Flanagan in an email. 

It is also correct the catchment committees was an unbudgeted item in 2023. In respect to the actual payments the Ministry of Finance may approve the transfer of funds from capital to operating. Because the installation of meters was paid from the operating budget, approval was sought for this expense to be attributed to capital. Approval was obtained and this freed up the operating budget to allow allowances to be paid to catchment committee members. These payments, going forward, are being made quarterly in arrears.

The payments to Catchment Committees are mandated under the TTV Act as recognition of the essential role landowners play in protecting our water catchments.

Ms Flanagan complains there is a lack of oversight of TTV’s operations. This complaint is not unfounded and it is desirable the Utilities Regulation Bill be passed into law. Now that customers will be paying directly to TTV it is important there be some independent assessment and oversight whether TTV is prudently spending customers' money. The Act is designed to include Te Aponga and I think this increased regulatory oversight will be welcomed by the public. 

Brian Mason

Chair

To Tatou Vai