Governance Māori Qualifications Review Draft Needs Analysis Project Management Team Te Wānanga o Aotearoa / NZQA Māori Qualification Services June 26, 2012 1 Broad Context The Māori economy The Māori economy is made up of all individuals, households, businesses and collectives that self-identify as Māori.&This includes Māori entrepreneurs active in individually owned businesses or small to medium enterprises, as well as the contribution of Māori employees’ earned incomes. While the Māori economy is highly integrated into the New Zealand economy, there are features, such as demographics, cultural values and traditional knowledge, which make the Māori economy different. Unique strengths of the Māori economy There are a number of features unique to the Māori economy, including: The Māori population is young and is predicted to grow by 20% over the next fifteen years from 2011 to 2026.&In the future, Māori will make up a larger proportion of the workforce.&To realise this potential, Māori need to be equipped with necessary skills and education, which enable them to participate in New Zealand’s future workforce. Cultural values are a unique feature of the Māori economy with the potential to influence growth.&Māori culture generates assets, such as skills and products, as well as insights, which contribute to the social, environmental and economic well-being of not only Māori communities, but the whole economy. The intergenerational focus of iwi and Māori collective organisations and the fact these organisations have strategic goals, which encompass a multiplicity of outcomes.&Iwi and Māori business collectives may also be more inclined to focus their portfolios on domestic assets and enterprises located in their rohe or areas of influence. Māori asset base BERL (2010) research estimates the size of the asset base, income, expenditure and GDP of the 2010 Māori economy was at least $36.9 billion in asset value.&Much of this value lies within privately-owned Māori business enterprises, highlighting their important role in influencing the growth of the Māori economy. Māori enterprises are estimated to have generated more than $10.3bn in value added in New Zealand. The $10.3bn represents 5.9 percent of the total value added arising from all enterprises in New Zealand. Within the $10.3bn value added from Māori enterprises, nearly $1.2bn is attributable to Māori enterprises in the agriculture, forestry and fishing industries, with a further $1bn in manufacturing (including food processing) sector. Future potential for growth in the Māori economy is reliant on factors such as the improved use of the asset base and up-skilling of the current and emerging Māori labour force. Māori skills base In order to ensure Māori are well positioned to benefit from the changing and increasing opportunities the current economy presents, it is necessary to consider ways to grow or lift the Māori skills base. Improving the quality of labour is recognised as a key step to improving productivity.&Furthermore, according to the New Zealand Treasury, improving the education and skills of Māori people will provide the most significant contribution to Māori economic development over the next 20 years.& This highlights the importance of increasing the skills base, to ensure that Māori are in the workforce, maximising their role within it and enjoying the benefits. 2 Lifting the skills base will also help to ensure Māori are best positioned to benefit from present and future opportunities, which are anticipated. Improving the Māori skills base The current position of Māori demonstrates that there is room for significant improvement in terms of lifting the Māori skills base.&The Department of Labour (2012) has identified that: The labour force participation rate for Māori stood at 66.3% for the year to March 2012, which represents a 0.1 percentage point increase over the past year and a 0.8 percentage point decrease over the past five years.&Compared with the participation rate for all people, which was 68.4% in the year to March 2012, the Māori rate has increased less sharply over the past year. The unemployment rate for Māori was 13.3% in the year to March 2012, which was -0.7 percentage points below its level a year ago, and 5.4 percentage points higher than its level five years ago.&Compared with the unemployment rate for all people, which was 6.6% in the year to March 2012, the Māori rate has decreased more sharply. The “Not in Education, Employment Training” (NEET) rate is a key measure of youth disengagement.&Among 15-24 year olds, in the year to March 2012, 17.6% of Māori males and 27.5% of Māori females were NEET, compared with 11.5% of all males and 14.6% of females in this age group. In the year to March 2012, the leading industries in which Māori worked were manufacturing (38,100 workers) and wholesale & retail (28,800 workers).& Over the last year, transport, warehousing & communications had the largest gain in Māori employment (up 12%), while other services had the largest loss in Māori employment (down 11%). Over the last four years, public administration and safety experienced the largest gain in Māori employment (up 70%), while wholesale & retail had the largest loss (down 22%).& In the year to March 2012, the most common occupational groups for Māori were labourers (54,200 workers) and professionals (42,000 workers). A highly capable and skilled Māori workforce with related opportunities generated by enterprises and collectives is critical to be able to participate productively in the economy.&People with the right technical and business skills are then, essential for companies to innovate, maintain competitiveness and attract new capital. Māori participation in education There is a strong link between higher level qualifications and potential earnings.&Investing in skills and training provides an opportunity to improve the historical legacy of low qualification levels, which has an adverse effect on Māori employment during periods of economic volatility (such as the current economic recession). Māori have shown a steady increase in educational attainment in recent years, with nearly 200,000 Māori holding secondary or tertiary qualifications in 2006 (196,335 or 60.1 percent of the Māori population aged 15 years or older).&More than 90,000 Māori hold tertiary qualifications: 21,153 or 6.5 percent of the Māori population aged 15 years or older hold tertiary level 1 to 3 qualifications, 47,016 (14.4 percent) hold level 4 to 6 qualifications and 23,070 (7.1 percent) hold qualifications at level 7 or above. Māori with higher levels of qualifications are more likely to be employed.&This is illustrated by trends in the employment rate, which reflects both the willingness to participate in the labour force and the ability to gain employment.&The employment rate was significantly higher for Māori with tertiary qualifications than for those with fewer or no qualifications: 76.2 percent of working age Māori with tertiary qualifications were employed, compared with 66.8 percent of those with school qualifications, and 51.7 percent of those with no qualification in 2006. 3 The proportion of Māori students enrolled in tertiary organisations has increased marginally over recent years, with 20 percent of tertiary enrolments in 2010 being Māori students.&In contrast, the proportion of Māori enrolments in industry training has steadily decreased since 2008, with Māori accounting for 17 percent of total industry trainees in 2010. Māori enrolments were predominantly at Levels 3-4 (38 percent of total Māori EFTS), although the number of Māori students enrolled at degree level and above increased by 11 percent from approximately 14,500 EFTS in 2009 to 16,100 EFTS in 2010. Māori educational achievement improved across all sectors, measured by strong course and qualification rates in 2010. Māori business The goals of Māori enterprises are similar to any enterprise: to run organisations that are well governed, expertly managed and which provide good returns to stakeholders.&In a series of reports between 2003 and 2005, the Federation of Māori Authorities (FOMA) and Te Puni Kōkiri examined the business operations, motivations and governance arrangements for 30 Māori organisations.1 An understanding has emerged from this work, which is illustrative of the general objectives of Māori businesses. The majority of Māori businesses understood and embraced the need for commercial returns.&There is an acceptance of the need to compete in markets and to make profits.&Standard financial indicators are routinely utilised to assess performance in much the same way as any other business organisation would.&Organisations were united in understanding the vital role that a core purpose plays in terms of developing the appropriate business structure, as well as in assisting resource allocation decisions to enhance efficiency.&Concepts such as wealth creation, diversification, or protection and enhancement of assets are commonplace in these organisations. A major theme emerging from the case studies of FOMA and Te Puni Kōkiri is that industry leadership is a driving force in many Māori organisations.&It is not acceptable for these organisations to simply be participating, or making up the numbers in an industry.&Being widely respected and seen as being at the forefront of industry best practice is the goal.& As a result, organisations have sought to enhance their ability to respond to changes in technology, industry practice and market conditions.&Eliminating barriers to successful uptake and therefore the attainment of an industry-leading position is now key. Characteristics of Māori business types More than 80% of the businesses studied are involved in property holdings, agriculture, horticulture, forestry and aquaculture.&The majority of these enterprises are involved in the export sector to some degree. There is a move towards a diversified approach to land portfolio management.&The case studies and survey both demonstrate a pattern where agriculture and horticulture are being supplemented with commercial and residential property developments. Land and marine assets are highly valued resources, which have provided the base for commercial development over the past twenty years.&Māori organisations are now building potentially significant assets through other arrangements, such as settlements, contracts and joint ventures. 1 See Te Puni Kōkiri (2003) Hei Whakatinana I te Turua Po: Business Success and Maori Organisational Governance Management Study; (2004) He Mahi, He Ritenga Hei Whakatinana i te Turua Po: and (2005)Maori Business Innovation and Venture Partnerships 2005 -Hei Whakatinana i te Turua Po. 4 Types of Māori business entities The main legal structures used by Māori organisations operating on behalf of multiple owners are: a) Partnership b) Company c) Charitable Trust d) Incorporated Society e) Māori Trust Board f) Trust g) Structures under Te Ture Whenua Māori Land Act 1993 Ahu Whenua Trust Whenua Tōpū Trust Kaitiaki Trust Whānau Trust Putea Trust h) Māori Reservation i) Statutory Body under the Education Act. Some structures suit some purposes better than others.&Groups have selected structures to fit their ownership structures, asset base and goals.&Organisations may also change their structure at different stages of development. Governance Governance in its widest sense refers to how any organisation, including a nation, is run.&It includes all the processes, systems, and controls that are used to safeguard and grow assets. Governance is about: Ensuring there is accountability and oversight of a company’s operations Having a defined vision for the future of the company Making good decisions with a clear view of the big picture Identifying opportunities Identifying risks and implementing strategies to manage them. Governance encourages boards to step back from the operational side of the business and ensure all bases are covered in order to lay the foundations for a smooth future.2 Good governance helps a company: Get the most out of skilled directors Find the balance between making short-term gains and building long-term wealth. Good governance is about good performance, reputation, sustainability and durability.&Although the structure and ownership of an organisation will influence some elements of governance, the basic governance principles remain the same across all organisations. There are however, differences in approaches to the governance and management of Māori collectives compared with non-Māori organisations. Unique aspects of Māori governance Although good governance and management principles and practices are universal, there are particular characteristics of Māori organisations, which bring extra dimensions to the 2 See Appendix 1. 5 practice of governance.&Governance for Māori organisations may require consideration of the following: Ngā kaupapa me ngā uarā Good governance is underpinned by the values and principles of an organisation/trust.&Strong Māori governance is then dependent on a commonly agreed set of values (ngā uarā) and kaupapa (philosophy).&The establishment of an organisation’s/trust’s kaupapa and ngā uarā are the first essential steps and will precede employment, management structure and operations.& Many Māori organisations have multiple purposes.&This means that they are not set up just to make a profit.&Many have to balance being financially viable with the social and cultural aspirations of the owners as their core purposes.&Although the organisations may trade commercially and measure themselves against economic indicators, wealth creation is not seen as an end in itself. Purpose of the organisation In setting up and selecting the type of legal structure for an organisation, it is important to clearly know the intended purpose of that structure.&For example, if Māori land is the core asset, because this land will never be sold, for either legal or tikanga reasons, the organisation will not be able to make trading decisions following usual commercial models.&This can make running a Māori organisation particularly challenging. The importance of tikanga and values Tikanga principles are often put into practice in the board of a Māori organisation alongside general governance principles.&Many Māori organisations are explicitly driven by tikanga, kawa and values (for example in employment, tangihanga and cultural leave policies), which take into account the aspirations of whānau, hapū and iwi.&Cultural considerations will sometimes take precedence over purely economic factors (for example building in close proximity to urupā or recovering debts from relatives). Māori organisations may also have a Māori dimension in procedures such as the use of te reo Māori, mihi, karakia, koha, hospitality for manuhiri, manaakitanga, whanaungatanga, consensus decision-making and regular consultation hui.&These elements should support the general principles of good governance.&It can be important to have people with expertise in tikanga and kawa on the board. Long-term view Many Māori organisations have an extremely long-term view of their future.&This has implications for many aspects of governance such as selecting board members with a view to handing the business on, and in strategic planning where a 25 year view, or even more, may be taken. Some stakeholders, including people providing finance, may take a short-term view, for example focusing on immediate and short-term returns or only thinking in terms of a five year planning cycle.&Good communication with stakeholders and potential financiers about the strategic plan is therefore recommended to ensure that any longterm view is well understood. Board membership This can be a particularly challenging area for Māori organisations.&Rather than a strictly business skill base, board appointments in Māori organisations may be influenced by: the requirements of the specific structure of the organisation (say a trust under the Te Ture Whenua Act); by an election process (for example, a Māori Trust Board); by whakapapa and tikanga requirements (a rangatira or respected elder); whanaungatanga (a relative); or because of expertise in other fields (i.e.&business/financial skills/qualifications). If a board for example cannot find all the skills in one person, the board may balance people who are appointed for business skills and others for their tikanga skills.&There is a perception that the pool of "experts" is small, especially for those who have expertise in business and finance.&Transparent appointment processes are recommended and help to avoid allegations of appointing relatives to key positions.& Quality control issues are also important and can be helped by advertising vacancies, candidate vetting, education / training of existing board members, regular board member rotation, annual assessment/audit of performance and procedures for 6 removal of board members in the event of non-performance. Board management The dynamics around the board table of a Māori organisation can be influenced by factors such as: the multi-purpose nature of the operation; the importance of tikanga and values; a long-term view; appointment of board members; owner involvement; restrictions on commercial use of assets; and use of Māori terms.&All this can make the board dynamics of a Māori organisation more challenging. The need for managing the board dynamics through good governance, leadership and transparency is vital.&Good communication is therefore crucial.&This includes directors and trustees asking questions to be sure they have a good base of understanding for making decisions. Owner involvement in decision-making Boards of Māori organisations may be required to undertake a higher level of consultation, even in commercial decision-making, than in non-Māori business.&For instance, a board may be expected (or required by law) to go back to owners on an investment decision for approval. Reporting can be cumbersome and conflict can arise at board level if appropriate consultative processes are not followed.&The additional delay and lost opportunities need to be balanced with any requirements to consult.&Factors to be taken into account include consultative burnout and commercial opportunities lost as a result of delays.&A good board will find the appropriate balance. Commercial use of assets Many Māori organisations have restrictions on the ability to use their core assets.&Those restrictions can be imposed by law (legislation or core legal documents such as a trust deed) or by the owners (in accordance with tikanga such as an aversion to sell ancestral land or use it as security). Such restrictions can lead to problems in dealing with financial organisations (particularly trading banks) that usually require security before providing finance. Māori organisations may also have problems finding financial organisations prepared to accept Māori freehold land as security for lending, especially where Māori freehold land is the core asset. In such situations Māori organisations may have major difficulties achieving their purposes, particularly if those purposes include developing the land and/or creating financial returns for the owners. Challenges Good governance creates a strong future for an organisation by continuously steering towards a vision and making sure that day-to-day management is always lined up with the organisation's goals.&At its core, governance is about leadership. To that end, an effective board will improve the organisation's results, both financial and social, and make sure the owners' assets and funds are used appropriately.&Poor governance can put organisations at risk of commercial failure, financial and legal problems for directors / trustees or allow an organisation to lose sight of its purpose and its responsibilities to its owners and people who benefit from its success. Not every Māori enterprise has problems with respect to governance.&Nevertheless, there is sufficient perception amongst Māori and non-Māori alike that governance of Māori enterprises requires strengthening.& This is sometimes described by reference to slow decision making requiring extensive consultation, which even then remains subject to veto.&The intensity of politics puts members of governing groups under intense personal pressure if they go one-way or another on key decisions.& There are already a number of programmes being delivered by a variety of organisations, which develop business capabilities, but there is also a risk of duplication, fragmentation and an inability to build organisation critical mass to effectively engage with Māori collectives and 7 enterprises.&There is currently limited data on the uptake by Māori enterprises of these programmes.&Anecdotally however, this is thought to be low. The prospect of the Māori Land Court review is another factor contributing to a perception of brittleness about governance in Māori enterprises.&Attendance at courses, such as those run by the Institute of Directors, is pointed to, as a partial recognition of need for improvement, but are criticised as elementary learning and not a well-rounded education in the governance role. The position is further complicated by the unfamiliarity of the structures predominately employed for collective land holding.&Māori incorporations and ahu whenua trusts are unfamiliar structures for capital markets providers in comparison with standard companies and Limited Partnerships. Future landscape In the post-treaty settlement environment, important changes in the following areas will impact on the Māori enterprise landscape: The prominence of financially endowed iwi - The role of iwi relation to local and regional resource management is already being supplemented by an expectation of iwi involvement in infrastructure development.&This has the potential to expand their role in the commercial sphere in the provision of such assets, but currently they lack the resources to fund meaningful participation in large-scale capital-intensive investment. - Iwi are becoming an important conduit between government (at both central and territorial levels) and the private sector.&Modern re-interpretation of the meaning of Treaty partner relationship is portraying iwi as valuable partners to private firms seeking to supply services to government. - Some Treaty settlements have given deferred purchase rights and first rights of refusal in relation to Crown-owned assets.&Settlements have also reserved the position of claimants with respect to important resources such as water, geothermal and certain minerals.&Claimants will need access to capital to exercise such rights and / or exploit such resources as they become available. Land-owning trusts and Māori incorporations - In sheep and beef farming, structural changes in the industry are occurring in response to structural cost pressures, exacerbated by drought conditions and attempts to control the supply chain, reduce costs and improve quality. - In forestry, face the requirements of financing the replanting of previously harvested forest lands. - Have opportunities to develop more intensive land-based activities, which would increase the overall productivity of their land.&This includes changing land use, alternative production, energy supply, adventure tourism, and the like. - Owners of pre-1990 forest land face a special challenge because of the liability imposed on them by the Emissions Trading Scheme. The face of Māori business is changing.&Māori businesses are not so tied to land as a primary economic asset as they once may have been.&They engage in an increasingly wide range of business activities, and the trend is ever widening.&The range of economic activities includes traditional agribusiness, horticulture and forestry, commercial fishing, aquaculture, tourism, property development and electricity generation.&Iwi hold land on which is situated government buildings such as Police stations, Courts, schools and universities.&Iwi may yet become involved in provision of core national infrastructure in Public Private Partnerships (PPP). Iwi have become increasingly prominent in the provision of social services to their communities and an important source of capital for the development of such enterprises and 8 local infrastructure.&The appearance and growth of Māori tertiary education institutions and pan-tribal organisations in fishing and forestry should not be overlooked. Māori organisations are often set up to provide a resource for future generations, so their long-term vision and strategies to ensure its continuing success, including capability are critical.& 9 Supplement One Boards Boards make decisions on behalf of owners / shareholders, beneficiaries and other stakeholders of an organisation.&A board's essential role is to set and lead the organisation safely and successfully into the future. The key tasks of a board are: a) Managing risk Directors / trustees are expected to identify and manage obstacles that may prevent the organisation from reaching its goals.&The whole board must be involved in risk management, particularly around financial matters and legal compliance. In managing risk, directors/trustees have a responsibility to owners to foresee what could affect the organisation and to make sure plans are in place that will minimise the impact of events or changes that will have a negative effect. b) Setting the purpose and vision Setting the long term direction for the organisation is the board's most important role.&Having a strong sense of the organisation's destination focuses board and management activities.&The “purpose” is at the heart of that direction. Many Māori organisations have multiple purposes.&They may have to balance making a profit with meeting the social and cultural aspirations of their owners.&Although the organisations trade commercially and measure themselves against economic indicators, wealth creation is not always seen as an end in itself.&This can make running a Māori organisation particularly challenging. c) Setting strategies for achieving the vision Once the board has set the purpose and vision for the future of the organisation, directors/trustees and management will work through a process to plan the strategies that will take the organisation on its journey. Strategic plans are long-range — at least five years.&It is not uncommon for Māori organisations to develop strategic plans for 25 years — a generation. d) Recruiting the CEO Once the board has set the purpose and vision for the future of the organisation, directors/trustees and management will work through a process to plan the strategies that will take the organisation on its journey. The board is responsible for appointing the chief executive and monitoring his/her performance against agreed targets and indicators.&The qualities and skills the board will look for in a CEO will vary in each situation, depending on the strategic direction. e) Monitoring performance Directors/trustees are responsible for making sure the organisation's strategies are successfully implemented.&Areas of performance where monitoring is most critical are: - Budget and financial performance - Legal compliance - Chief Executive performance - Board performance 10 f) Demonstrating accountability Directors and trustees are responsible for the stewardship of assets and the owners of those assets hold the board accountable. - Budget and financial performance - Legal compliance - Chief Executive performance - Board performance How boards work Effective boards need: A good skill mix within board directors / trustees An effective chair Committees for specialist tasks Well managed meetings Board dynamics that allow all perspectives to be expressed Outside specialist help on some issues Good self-evaluation Studies on successful organisations also show that effective boards demonstrate a strong understanding of the line between management and board responsibility. Being a board member A board's success rests on the skills and commitment of the directors or trustees, who make decisions on behalf of the owners and continuously make sure the organisation, is moving in the right direction. Crucial to the role is the ability to work for the good of the organisation as a whole.&Even if a director / trustee has been elected or appointed to represent a particular group, as a board member his / her duty is to consider the overall success of the organisation. Directors / trustees are often working not just for the current owners of the organisation, but for future generations of owners. Boards and management One of the key findings from studies of successful Māori organisations is the need to keep a clear distinction between board and management responsibilities. The board sets the overall direction for the company and management carries out the dayto-day running of business.&Management then reports to the board with all the information the board needs to be sure that operations are running well and in line with the organisation's purpose and direction.&The board's job is not to manage the daily operations directly, but to make sure that it is well-managed. 11