Arts Council of New Zealand Toi Aotearoa Bill - Submission to the Government Administration Committee [2010] NZHRCSub 19 (1 October 2010)

Last Updated: 28 June 2015

_{1 October 2010}

_{Committee Secretariat}

Government Administration Committee

Parliament Buildings

Wellington

_{Dear Committee Secretariat}

ARTS COUNCIL OF NEW ZEALAND TOI AOTEAROA BILL

1. This submission is from the Human Rights Commission (the Commission).

The Commission is an independent Crown Entity which operates under the Human Rights Act 1993. As well as promoting and protecting human rights, the Commission is charged by statute with encouraging the development and maintenance of harmonious relationships between the diverse groups that make up New Zealand society.¹

2. The Commission is not seeking to make an oral submission.

Composition of the new Arts Council

3. The Commission supports the reorganisation and streamlining of the Arts Council, to which this Bill gives effect. In particular, the Commission welcomes clause 10 (4), which provides for ‘at least 4 persons’ who are qualified for appointment based on their knowledge of te ao Māori, tikanga Māori and Māori arts, and clause 10 (5), which provides for ‘at least 2 persons’ who are qualified based on their knowledge of Pacific arts.

4. The Commission notes, however, the narrower definition of cultural knowledge in clause 10 (5) compared with clause 10 (4). As presently framed, there is a possibility that a person with knowledge of Pacific arts,

but limited knowledge of Pacific cultures and traditions, could hold this post. Given the diversity of the Pacific region, it is much more difficult to be as specific in the wording of this clause as in clause 10 (4). The Commission recommends adding ‘cultures’ and/or ‘traditions’ to clause 10 (5).

5. Dedicated representation for Māori and Pacific peoples at the highest level of decision-making in the new council is a welcome move. The

Commission does, however, wish to note some potential risks in implementing the new structure. These include:

• the potential loss of the distinctive identities and practices of Te Waka Toi and the South Pacific Arts Committee. With Māori and Pacific

¹ Human Rights Act 1993, section 5 (1) (a) and (b)

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		representatives now part of one body, there is a possibility that dominant operating practices will become the default norm. The new council should endeavour to actively retain – or incorporate aspects of – the special character of these former entities.
	•	the potential elision of differences between Pacific communities to the detriment of Pacific arts due to the reduction from a 7-member South
		Pacific Arts Committee, with members from a range of Pacific communities
		representing different cultures and traditions, to just two members on the
		new council. The new council should work to ensure that all Pacific
		communities are adequately provided for, and the establishment of an
		advisory panel and / or building staff capability may be an appropriate
		means to achieve this.
	•	the potential loss of effective advice from a broad range of Māori and
		Pacific communities.
6.		Successfully advancing the development of Māori and Pacific arts, as well
		as arts from other communities (for example, Asian, ethnic, and disabled
		communities), will require the new council to consider ways in which they
		can best receive effective advice. There are three key ways that the council
		could achieve this: establishment of advisory panels, building staff
		capability in terms of cultural knowledge and community relationships and
		judicious use of peer assessors.

Advisory panels

7. One means by which the new council can seek appropriate advice is through the establishment of advisory panels, particularly for Māori and Pacific peoples. The addition of such panels for ethnic and disabled communities would also enhance the new council’s ability to make appropriate and informed decisions in respect of these communities.

8. Such advisory panels provide an important yardstick for ensuring positive outcomes for New Zealand’s diverse communities, and would assist in giving effect to the principles of participation, access, excellence and innovation, professionalism and advocacy outlined in clause 3 (2) (d) of the Bill.

9. The advisory panels could also play a role in preserving and continuing the distinct practices and identities previously embodied in Te Waka Toi and the South Pacific Arts Committee.

Organisational capacity and capability

10. Human resources in the form of staff with appropriate knowledge and community relationships are a key factor in building capability within the organisation to assist Māori, Pacific, Asian, disabled and other communities to produce high-quality arts – arts which reflect the increasingly diverse society that New Zealand has become. Significant population groups should be represented on staff at appropriate levels in order to advise the new council on the needs of diverse communities in

respect of the arts. This is one way to provide appropriate support for the new council’s functions as outlined in clause 7 (c) of the Bill.

Peer assessment

11. The Commission supports the requirement that in any assessment process for allocation of funding, Māori must be included in any process relevant to Māori arts and Pacific Island people in any process relevant to Pacific arts (clause 7 (3) (a) and (b)).

12. The Commission recommends that where peer assessment is used as part of these broader assessment processes that similar provisions apply to the selection of appropriate peer assessors.

Conclusion

13. The Commission supports the streamlining of the Arts Council, and recommends that the Select Committee:

• add ‘cultures’ and / or ‘traditions’ to the wording of clause 10 (5)

_{• attend to the risks of dissolving specialist bodies Te Waka Toi and the}

South Pacific Arts Committee

• note the need to ensure that either appropriate advisory panels and / or staff with appropriate cultural knowledge and community relationships are established to support the new council in its decision-making role
• note the need to ensure peer assessors are selected for the assessment process subject to the assessment conditions more generally provided for in clause 7.

14. The Commission would be happy to discuss these issues with you in more detail if desired. Should you need further information, please contact

Susan Freeman-Greene, Strategic Policy Manager at [e-mail] or 04 471 6744.

Yours sincerely

Joris de Bres

Race Relations Commissioner

Kaihautū Whakawhanaungatanga-ā-iwi