Agenda of Rotorua Te Arawa Lakes Strategy Group

Rotorua Te Arawa Lakes Strategy Group

Membership

Poū Tākiwaiora (Independent Chairperson)	Sir Toby Curtis
Deputy Chairperson (appointed by Group)	Mayor Steve Chadwick (Rotorua Lakes Council)
Members
Two representative from each of the partner Councils one of whom must be the Chair/Mayor:
Bay of Plenty Regional Council	Chairman Doug Leeder Cr Kevin Winters Cr Te Taru White (Alternate)
Rotorua Lakes Council	Deputy Mayor Dave Donaldson To be confirmed (Alternate)
Governance representatives from Te Arawa Lakes Trust	Raina Meha Roana Bennett Nuki Nicholson (Alternate)
Observer from the Ministry for the Environment	Martin Workman (Director Water)
Quorum	One appointed member from each of the partner organisations
Meeting frequency	Quarterly

Purpose

To contribute to the promotion of the sustainable management of the Rotorua Te Arawa Lakes and their catchments, for the use and enjoyment of present and future generations, while recognising and providing for the traditional relationship of Te Arawa with their ancestral lakes.

Role

· Provide leadership to the organisations and the community in relation to implementation of the Vision and Strategy for the Lakes of the Rotorua District originally adopted in 2000 and refreshed version adopted by the Strategy Group in 2013.

· Identify significant existing and emerging issues affecting the Rotorua Te Arawa Lakes and respond appropriately.

· Approve, monitor, evaluate, and review agreements, policies and strategies and all other proposals to achieve integrated outcomes for the Rotorua Te Arawa Lakes.

· Identify, monitor, and evaluate necessary actions by the partner organisations and other relevant organisations.

· Receive reports on activities being undertaken by the partner organisations and other relevant organisations.

· Participate in the preparation of statutory plans in relation to significant issues. Such plans include but are not limited to Iwi and hapū management plans, district and regional plans, reserve management plans and annual plans.

· Participate in applications for activities in relation to significant issues not addressed by existing policies of the partner organisations. Such activities include but are not limited to resource consents, designations, heritage orders, water conservation orders, restricting access to the lakes (during special events or in particular circumstances), and transferring and/or delegating of statutory authority.

Strategy Group Procedures

The Rotorua Te Arawa Lakes Strategy Group is a permanent joint committee established under the Te Arawa Lakes Settlement Act 2006 (Te Arawa Lakes Deed of Settlement - Cultural Redress: Lakes Management and Relationships, clauses 9.1 to 9.3 - December 2004) and is not disestablished as a consequence of a Local Government election.

The Group’s Terms of Reference are derived from the Rotorua Lakes Strategy Agreement included in Part 1 of the Relationship Schedule to the Deed of Settlement, December 2004.

Meanings:

“Organisations” means the Te Arawa Lakes Trust, the Rotorua Lakes Council, and the
Bay of Plenty Regional Council; sometimes referred to as “Partner Organisations”.

“Rotorua Te Arawa Lakes” means Lakes Rotorua, Rotoiti, Rotoehu, Rotomā, Ōkataina, Tikitapu, Ōkāreka, Tarawera, Rotomahana, Rerewhakaaitu, Ōkaro.

“Group” means the Rotorua Te Arawa Lakes Strategy Group, formed as a Joint Committee under Clause 30 of Schedule 7 of the Local Government Act 2002; sometimes referred to as the “Strategy Group”.

Membership

· The non-voting Poū Tākiwaiora (Independent Chairperson) is appointed by the members for a three year term in alignment with the Local Government triennium and is to be reviewed and confirmed at the first meeting of the Group following the Local Government elections.

· The Poū Tākiwaiora is not deemed to be a member of the Rotorua Te Arawa Lakes Strategy Group for the purposes of a quorum.

· The Poū Tākiwaiora shall assume the role and responsibilities as defined in the Rotorua Te Arawa Lakes Strategy Group Poū Tākiwaiora Guidelines.

· The Deputy Chairperson shall be appointed from the membership at the first meeting of the Group following the Local Government elections.

Quorum*

The special quorum for a meeting of the Group will be four members of the Group.

In the event that the ordinary quorum is not satisfied at three consecutive meetings of the Group in circumstances, where in the case of each such meeting:

· It was notified in accordance with the Standing Orders;

· Order papers were sent to each member of the Group in accordance with the Standing Orders; and

· The meeting had not been cancelled for any reason, then the members in attendance may declare the third meeting inquorate according to the Standing Orders and the special quorum will then be substituted.

At any subsequent meeting, the ordinary quorum will be restored.

No matters that were not on the order paper for the meeting at which the special quorum was established can be considered by a special quorum meeting.

Power to Act

To make all decisions necessary to fulfil the role of the Strategy Group subject to the limitations imposed.

Each Council participating in a joint initiative will fund its own proportion of that joint initiative as determined by the Joint Committee.

Power to Recommend

To the partner organisations on any matters within the Strategy Group’s delegated functions as it deems appropriate.

The Rotorua Te Arawa Lakes Strategy Group report directly to their respective organisations.



Pūrongo Ki: Report To:	Rotorua Te Arawa Lakes Strategy Group
Rā Hui: Meeting Date:	5 August 2020
Kaituhi Pūrongo: Report Writer:	Merinda Pansegrouw, Committee Advisor and Helen Creagh, Rotorua Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To retrospectively ratify the Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan

Retrospective Ratification of the Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan

Whakarāpopototanga
Executive Summary

During Covid-19 Level 2, the Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan was circulated to members via electronic mail for approval to enable timely submission to the Minister for the Environment in May 2020 in accordance with the Deed of Funding for the Programme.

Retrospective ratification of the Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan is required.

Ngā tūtohutanga
Recommendations

That the Rotorua Te Arawa Lakes Strategy Group:

1 Receives the report, “Retrospective Ratification of the Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan”.

2 Retrospectively ratifies the Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan as submitted to the Ministry for the Environment in May 2020 in order to meet the 1 June 2020 deadline (Attachment 1).

3 Receives and considers comments provided by Te Arawa Lakes Trustees as part of the email confirming approval of the Rotorua Te Arawa Lakes Programme 2020/2021 Annual Work Plan (Attachment 2).

1. He Whakamārama
Background

An Annual Work Plan for tRotorua Te Arawa Lakes Programme is prepared to fulfil the reporting obligations to the Crown under the Deed of Funding for the Programme. The Plan sets out in detail the planned activities over the year on each Deed Funded lake. To provide a complete picture of the programme, non-Deed funded catchment work has also been included.

The Rotorua Te Arawa Lakes Programme 2020/21 Annual Work Plan was scheduled to be approved by the Rotorua Te Arawa Lakes Strategy Group (RTALSG) at its meeting on 21 May 2020 as the due date for submission to the Ministry for the Environment was 1 June 2020. However, the meeting scheduled for 21 May 2020 fell within COVID-19 Alert Level 2, with the continued risk of community transmission and a required physical distancing of two metres. The meeting was accordingly deferred to a suitable date within Level 1.

To comply with the requirement to submit the “Rotorua Te Arawa Lakes Programme 2020/2021 Annual Work Plan” to the Ministry for the Environment before 1 June 2020, Poū Tākiwaiora Sir Toby Curtis agreed that the report be circulated for consideration and approval via electronic mail and thereafter be retrospectively ratified at the next meeting of the RTALSG.

The 2020/2021 Annual Work Plan for the Rotorua Te Arawa Lakes Programme (Attachment 1) was circulated to RTALSG members via electronic mail on 6 May 2020.

Feedback received from members were as follows:

Partner Organisation	Member	Feedback
Bay of Plenty Regional Council	Chairman Doug Leeder	Approved
Bay of Plenty Regional Council	Councillor Kevin Winters	Approved
Rotorua Lakes Council	Mayor Steve Chadwick	Approved
Rotorua Lakes Council	Deputy Mayor Dave Donaldson	Approved
Te Arawa Lakes Trustees	Raina Meha Roana Bennett	Approved

Following the unanimous electronic approval of the Rotorua Te Arawa Lakes Programme 2020/2021 Annual Work Plan, the Annual Plan was submitted to the Ministry for the Environment.

Members are accordingly requested to retrospectively ratify the Rotorua Te Arawa Lakes Programme 2020/2021 Annual Work Plan as submitted to the Ministry for the Environment in May 2020.

2. Additional comments received from Te Arawa Lakes Trust

Te Arawa Lakes Trustees, in the electronic mail approving the Rotorua Te Arawa Lakes Programme 2020/2021 Annual Work Plan (Attachment 2), provided the following additional comments:

“1. TALT wish to participate in the review of the Low Use Nitrogen fund

2. That RTALSG emphasise monitoring of the Incentives Fund to ensure the targets are being met, and if not what additional interventions are required

3. That reporting on this Programme (and the TALT Deed) is against the Strategy.”

Te Arawa Lakes Trust Environment Manager Nicki Douglas can provide further background at the meeting.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter/subject/project/initiative.

3.2 Huringa Āhuarangi
Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

3.3 Ngā Pānga ki te Māori
Implications for Māori

Please refer to the relevant analysis in the options paper attached.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Please refer to the relevant analysis in the options paper attached.

3.5 Te Hāngai ki te Pou Tarāwaho Rautaki
Alignment with Strategic Framework

Please refer to the relevant analysis in the options paper attached.

3.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

Tuhinga Tautoko
Attachments

Attachment 1 - Report to RTALSG - Rotorua Te Arawa Lakes Programme 2020-21 Annual Work Plan ⇩

Attachment 2 - Email from TALT - Approval of 2020/21 Annual Work Plan for the Rotorua Te Arawa Lakes Programme and additional comments ⇩



Pūrongo Ki: Report To:	Rotorua Te Arawa Lakes Strategy Group
Rā Hui: Meeting Date:	5 August 2020
Kaituhi Pūrongo: Report Writer:	Jo Watts, Senior Planner (Water Policy); Anaru Vercoe, Strategic Engagement Manager; Reuben Gardiner, Senior Planner (Water Policy) and Micah Butt, Senior Maori Resource Management Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Rob Donald, Science Manager
Kaupapa: Purpose:	To outline upcoming shifts in response to implementation of the National Policy Statement for Freshwater Management 2020.

Implementation of the National Policy Statement for Freshwater Management 2020

Whakarāpopototanga
Executive Summary

The Government made decisions on the Action for Healthy Waterways package in May 2020. These decisions will result in a number of significant changes to the National Policy Statement for Freshwater Management (NPSFM).

This paper focusses on the key changes to the NPSFM that are relevant to the Rotorua Te Arawa Lakes Strategy Group. The actual text of the NPSFM 2020 is not yet available. One major change will be a requirement to fully implement the new NPSFM 2020 for the whole region earlier. The Regional Policy Statement and the Regional Natural Resources Plan changes must be notified no later than 31 December 2024.

Key changes to policy provisions in the new NPSFM 2020 with respect to kaupapa Māori include the following:

· Introduction of a set of principles and a hierarchy of obligations with respect to applying Te Mana o Te Wai (TMoTW).

· Introduction of a new compulsory Māori value - Mahinga Kai.

· Strengthened requirements to involve tangata whenua.

· Notification of proposed regional policy statements and regional plans that implement the NPSFM 2020 no later than 31 December 2024.

With the scale of the work ahead and the dynamic regional iwi landscape, Toi Moana has designed an approach to involve tangata whenua that recognises the obligations placed on Council to implement the NPSFM and the contribution of tangata whenua through enhanced involvement. This approach is set out in Te Hononga: Bay of Plenty Regional Council’s Māori Relationships and Engagement Plan for the implementation of the NPSFM 2020.

Te Hononga presents several options to enable collaborative options of working alongside tangata whenua. How Toi Moana engages and works with tangata whenua is critical to the successful implementation of the NPSFM.

This paper seeks guidance from the Rotorua Te Arawa Lakes Strategy Group (RTALSG) on how they wish to participate, at a governance level and in accordance with its role and function, on matters relevant to the Rotorua Te Arawa Lakes Water Management Area in regard to the review of the Regional Natural Resources Plan (water and land sections) and implementation of the new NPSFM 2020.

Ngā tūtohutanga
Recommendations

That the Rotorua Te Arawa Lakes Strategy Group:

1 Receives the report, Implementation of the National Policy Statement for Freshwater Management 2020.

2 Provides confirmation of the role the Rotorua Te Arawa Lakes Strategy Group will have in the Regional Natural Resources Plan review, and in the implementation of the National Policy Statement for Freshwater Management 2020, pertaining to the Rotorua Te Arawa Lakes Water Management Area.

3 Provides guidance on preferences for involvement in the engagement approaches outlined in Te Hononga.

1. He Whakamārama
Background

In September 2019 the Government initiated consultation on the Action for Healthy Waterways package designed to:

· stop further degradation of New Zealand’s freshwater resources and improve water quality within five years.

· reverse past damage and bring New Zealand’s freshwater resources, waterways and ecosystems to a healthy state within a generation.

RTALSG considered the freshwater proposal at the 27 September 2019 hui and made a submission to the Government in October.

On 28 May 2020 the Government made decisions on the Action for Healthy Waterways package, which will result in:

• RMA Amendments

• An amended National Policy Statement for Freshwater Management 2020

• A new National Environmental Standard for Freshwater

• New RMA s.360 regulations

• Amendments to the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010.

This paper focusses on key changes for implementing the amended National Policy Statement for Freshwater Management relevant to Rotorua Te Arawa Lakes Strategy Groups role and function. The actual text of the NPSFM 2020 is not yet available.

One major change will be a requirement to fully implement the NPSFM 2020 for the whole region earlier. The Regional Policy Statement and Regional Natural Resources Plan changes must be notified no later than 31 December 2024.

Toi Moana understands that the key policy provisions in the new NPSFM 2020 with respect to kaupapa Māori will include:

· Introduction of a hierarchy of obligations with respect to the application of Te Mana o Te Wai. The hierarchy sets the first priority as the health and well-being of waterbodies and freshwater ecosystems; second, the essential needs of the people; and third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future.

· Regional councils must include an objective in their regional policy statement that gives effect to Te Mana o Te Wai.

· A Vision statement with respect to Te Mana o Te Wai which reflects the local context.

· Introduction of a new compulsory value, Mahinga Kai that will require a collaborative or partnership approach with Maori to identify values and associated attributes to monitor those values.

· Strengthened direction relating to the involvement of iwi and hapū.

Further information including a summary of government’s decisions, an information sheet for iwi / Māori, the cabinet papers and summary of submissions are available on the MfE website.

2. Te Hononga

Te Hononga: The Regional Māori Engagement Plan for Implementing the NPSFM (2020) (Attachment 1) is Toi Moana’s Māori Engagement Plan for the Regional Natural Resources Plan (RNRP) review and NPSFM 2020 Implementation Programme. It has been informed by engagement for the current plan changes, Long Term Plan (LTP) submissions, Komiti Māori hui, surveys and the requirements of the draft NPSFM provisions. Te Hononga provides direction on what must be considered to involve tangata whenua.

The majority of tangata whenua groups expect kanohi ki te kanohi or face to face meetings with Toi Moana staff in the initial stages to understand the requirements of the NPSFM 2020. Early discussions with tangata whenua will guide Council on how engagement should be undertaken based on the options presented in Te Hononga.

The practicalities of implementation are, however, constrained by the Government imposed timeframe and size of the work program. Proposed changes to the Regional Policy Statement (RPS) and the RNRP must be notified no later than 31 December 2024.

Te Hononga sets out potential approaches to work with tangata whenua, and for tangata whenua to express their preference for how they would like to be involved. Each option can be combined with others, or, as a singular approach to engagement and include:

· Kaitiaki Reference Groups (specialist practitioners)

These include practitioners and iwi technical groups or individuals who can provide advice on the application of mātauranga Māori and offer solutions on how it may be applied in the planning and policy framework.

· Taiao Hubs

Similar to the Kaitiaki Reference Groups described above, in this case Toi Moana staff would work with tangata whenua at either a regional or sub-regional level.

· Collectives

There are iwi who have close whakapapa associations and share similar issues that may choose to collaborate as a collective.

· Sub-Regional Hui

Sub-regional hui provide opportunity to raise the awareness of the RNRP review and NPSFM work on a larger scale. Not as effective as some of the other options, but can include a broader range of interests.

· Consultants

Consultants, working on behalf of iwi, or for Toi Moana, can be an effective and efficient way of undertaking a large amount of work. They can take pressure off iwi representatives and Toi Moana staff resources that may be needed for other work.

· Co-governance and Komiti Māori

Komiti Māori has large regional networks and long held associations with tangata whenua. Tasked with providing direction on the engagement approach, this committee provides an additional strategic lens at the local and regional levels.

The Rotorua Te Arawa Lakes Strategy Group (RTALSG), Te Maru o Kaituna (TMoK), and Rangitāiki River Forum (RRF) are statutory entities established via Treaty settlement legislation. Toi Moana will seek guidance from co-governance entities on what their preferences for involvement are.

3. NPSFM 2020 Implementation

3.1 Key Shifts

Toi Moana will decide on large changes to the NPSFM Implementation and RNRP review policy programme at their November 2020 Strategy and Policy Committee meeting. Key shifts which are likely to be required are summarised in Table 1.

Table 1 - Key shifts being considered for the NPSFM Implementation and RNRP review work programme

Proposal
Plan changes One RPS change and one RNRP plan change notified no later than 31 December 2024.
Regional Natural Resources Plan (RNRP) review Include review of the RNRP (land and water sections).
Apply consistent technical and planning methods and approaches across the region, to support Freshwater Management Unit (FMU) based setting of values, objectives, limits and, where necessary, methods.
Data/information and modelling Apply the information, data and models we already have. Rely on simple models and expert advice where necessary.
Decision making The Strategy and Policy Committee as the final decision maker. A governance level working group to provide urgent advice.
Komiti Māori and Co-governance advice on matters relevant to their authority Komiti Māori receive reports relating to involvement of iwi/hapū and Kaupapa Māori planning topics. Co-governance bodies receive reports on involvement of iwi /hapū, Kaupapa Māori planning topics, and Water Management Area (WMA) work in their jurisdictional area and relevant to their purpose & functions and statutory documents.
Reporting to Committees and Co-governance Report on key policy decision matters only, given the breadth of work to be delivered.
Community Engagement Intensive public and key stakeholder engagement on draft issues, options and plan changes (2023). Communication and information sharing by e-newsletters and web-pages. Territorial Local Authorities Forum provides and avenue for early advice and review. Regional Water Advisory Panel as avenue for industry and non-government organisations to provide early advice and review.
Iwi and hapū engagement Refer Te Hononga in Attachment 1. For further detail refer report 8.1 and Appendix 1 within the Strategy and Policy Committee extraordinary Strategy and Policy Committee meeting agenda, 18 June 2020.
Budget No change to total 2020/2021 annual plan budgets. Potential changes for LTP to support intensive work programme.

Proposal

Plan changes

One RPS change and one RNRP plan change notified no later than 31 December 2024.

Regional Natural Resources Plan (RNRP) review

Include review of the RNRP (land and water sections).

Apply consistent technical and planning methods and approaches across the region, to support Freshwater Management Unit (FMU) based setting of values, objectives, limits and, where necessary, methods.

Data/information and modelling

Apply the information, data and models we already have. Rely on simple models and expert advice where necessary.

Decision making

The Strategy and Policy Committee as the final decision maker.

A governance level working group to provide urgent advice.

Komiti Māori and Co-governance advice on matters relevant to their authority

Komiti Māori receive reports relating to involvement of iwi/hapū and Kaupapa Māori planning topics.

Co-governance bodies receive reports on involvement of iwi /hapū, Kaupapa Māori planning topics, and Water Management Area (WMA) work in their jurisdictional area and relevant to their purpose & functions and statutory documents.

Reporting to Committees and Co-governance

Report on key policy decision matters only, given the breadth of work to be delivered.

Community Engagement

Intensive public and key stakeholder engagement on draft issues, options and plan changes (2023).

Communication and information sharing by e-newsletters and web-pages.

Territorial Local Authorities Forum provides and avenue for early advice and review.

Regional Water Advisory Panel as avenue for industry and non-government organisations to provide early advice and review.

Iwi and hapū engagement

Refer Te Hononga in Attachment 1. For further detail refer report 8.1 and Appendix 1 within the Strategy and Policy Committee extraordinary Strategy and Policy Committee meeting agenda, 18 June 2020.

Budget

No change to total 2020/2021 annual plan budgets. Potential changes for LTP to support intensive work programme.

3.2 Kaupapa Māori Mahi

Implementation of the NPSFM 2020 will require a set of deliverables to ensure tangata whenua values and leadership are ingrained in the implementation and the policy outcomes being sought. The following table provides an outline of the kaupapa Māori related work anticipated. This work would then inform and become part of integrated policy development.

Table 2 - Indicative Kaupapa Māori Components

Topic	Description
Set Water Quality Limits and Manage According to National Objectives Framework (NOF) attributes	Gain an understanding of how a contaminant level, or other related freshwater quality characteristic impacts cultural values.
Set Water Quantity Limits	Find ways of linking water levels in rivers and streams to cultural values, i.e., express how cultural values are affected by modified river flows.
Develop More Appropriate Frameworks for freshwater management	Discussions need to consider the following points: · Te Mana o Te Wai - work on how Te Mana o Te Wai shapes policy as it will affect all aspects of freshwater management. Communities will have a critical role in shaping a regional perspective on Te Mana o Te Wai. · The Regional Natural Resources Plan (RNRP) will be reviewed including the Kaitiakitanga section and content relevant to water and land. All parts of the plan need to be considered together.
Holistically Monitor	Toi Moana’s monitoring programme is informed by conventional science. The NPSFM requires us to incorporate mātauranga Māori into the monitoring program. Tangata whenua will play a central role on how mātauranga will be integrated into the planning and policy framework.
Involve in Freshwater Management	The NPSFM 2020 reflects the governments recognition of the relationship tangata whenua have with freshwater bodies and the requirement to enhance their involvement in the design and engagement process.

3.2.1 Responding to the timeframes

The Government has prioritised the health of our freshwater resources and has set a timeframe for rapid implementation. The approach by Council to meet the implementation expectations means that a “whole of region” rather than “catchment by catchment” strategy must be undertaken.

The NPSFM will still require Freshwater Management Units (FMUs) to be identified based on identification of values and objective setting. Community engagement will continue to be undertaken at a localised Water Management Area (WMA) scale. Successful implementation of the NPSFM will require understanding of local values and aspirations of tangata whenua, and of the wider community. However, achievement of the bottom lines set out in the NPSFM must also be incorporated into the draft plan.

3.3 Considerations on PC 10

Plan Change 10 (PC10) to the RNRP introduced rules to limit the amount of nitrogen entering Lake Rotorua from rural land use within the Lake Rotorua groundwater catchment within the Bay of Plenty region, and is part of the integrated programme aimed at improving Lake Rotorua’s water quality. As RTALSG are aware, the Environment Court has been considering the appeals in two stages and released a stage one decision on 9 August 2019. The second consent order was issued by the Environment Court on 2 June 2020 which sees all outstanding PC10 appeal issues resolved, except for nitrogen allocation for treaty settlement land which is the subject of the stage 2 hearing which is to commence on 7 September 2020.

Resolving PC 10 appeals will be unaffected by the changes to the NPSFM. As outlined when RTALSG were considering the government’s proposed freshwater package, PC10’s scope is narrow as it is relevant to the rural part of the Lake Rotorua groundwater catchment and about reducing nutrients (nitrogen and phosphorous). The NPSFM Implementation programme going forward will build on PC10 for Lake Rotorua, fully implementing the NPSFM for not only Lake Rotorua and all other Rotorua Te Arawa Lakes but also the rest of the Bay of Plenty region within the truncated timeframe.

4. Information and Reporting to RTALSG

Co-governance bodies in the Bay of Plenty region including the Rotorua Te Arawa Lakes Strategy Group each have legislated scope and functions which interface with the RNRP review and NPSFM Implementation work programme. Some have river documents, one of which has been recognised and provided for in the RPS. The status of these documents are such that Council has an obligation to ensure that the objectives and desired outcomes are provided for in a plan change.

Toi Moana seeks to ensure that critical information and the opportunities afforded in this kaupapa is aligned with responsibilities outlined in the relevant Treaty Settlement legislation and terms of reference underpinning the co-governance entities. For the RTALSG these include:

· Approve, monitor, evaluate, and review agreements, policies and strategies and all other proposals to achieve integrated outcomes for the Rotorua Te Arawa Lakes.

· Receive reports on activities being undertaken by the partner organisations and other relevant organisations.

· Participate in the preparation of statutory plans in relation to significant issues. Such plans include but are not limited to iwi and hapū management plans, district and regional plans, reserve management plans and annual plans.

Given the potential complexities ahead it is important that the way we work is agile and adaptable, and that communication is open and clear to ensure efficient use of time and resources for both RTALSG and Toi Moana.

To this end Toi Moana seeks agreement from RTALSG on the way we work together through the RNRP review and NPSFM implementation process. Toi Moana staff recommend information and reporting outlined below:

· Informal regular updates are provided by way of an email newsletter;

· Key papers that will go to the Toi Moana Strategy and Policy Committee for decisions that are relevant for management of the Rotorua Lakes, are brought to RTALSG first for advice and subsequent recommendations to the Strategy and Policy Committee. This will include policy papers relating specifically to the Rotorua Lakes Water Management Area. For other topics, the Strategy and Policy Committee papers can simply be provided to RTALSG for their information.

5. Ngā Whakaarohanga
Considerations

5.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Toi Moana staff are awaiting confirmation of the final text of the NPSFM 2020 which is expected to be gazetted before the election. This paper signals key shifts likely to be required for Toi Moana’s NPSFM Implementation and RNRP review work programme. As noted the actual text of the NPSFM 2020 is not yet available but will be considered before making decisions on changes to the programme at the Strategy and Policy meeting in November.

5.2 Huringa Āhuarangi
Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts at this stage. Climate change considerations will be factored into the RNRP review and NPSFM implementation work programme.

5.3 Ngā Pānga ki te Māori
Implications for Māori

This paper provides advice and information on Toi Moana’s plan to engage with Māori on the RNRP review and NPSFM implementation programme. How Toi Moana engages and works with tangata whenua is critical to the successful implementation of the NPSFM and review of the RNRP. Please refer to Te Hononga (attached) and the above sections.

5.4 Whakawhitiwhiti ā-Hapori
Community Engagement

One of the key focusses of this paper is possible options for engagement with Māori which precedes engagement with wider community stakeholders. RPS and RNRP changes will require wider community engagement which will be developed as part of the programme.

5.5 Ngā Pānga ā-Pūtea
Financial Implications

Resourcing for Toi Moana NPSFM implementation work in 2020/21 is provided for in existing budgets. Potential future budget changes for this intensive work programme will need to be considered when developing the new LTP.

6. Ngā Mahi Whai Ake
Next Steps

Toi Moana staff will consider recommended key shifts in the RNRP review and NPSFM Implementation work programme once the NPSFM 2020 legislation has been gazetted. The Strategy and Policy Committee will consider key shifts in the RNRP review and NPSFM Implementation programme at their November 2020 meeting. Staff aim to work up a more detailed Māori engagement plan for the region/sub-regions as soon as possible, following discussions with iwi that will occur over the remaining 5 months of 2020.

Toi Moana will come back to RTALSG for advice and recommendations before key decisions are made.

Tuhinga Tautoko
Attachments

Attachment 1 - Te Hononga: The Maori Engagement Plan for the NPSFM 2020 ⇩



Pūrongo Ki: Report To:	Rotorua Te Arawa Lakes Strategy Group
Rā Hui: Meeting Date:	5 August 2020
Kaituhi Pūrongo: Report Writer:	Helen Creagh, Rotorua Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To provide an update to the Rotorua Te Arawa Lakes Strategy Group on the Rotorua Te Arawa Lakes Programme and Rotorua Lakes Catchment.

Rotorua Te Arawa Lakes Programme and Rotorua Catchment Status Report

Whakarāpopototanga
Executive Summary

The purpose of this report is to provide an update on the Rotorua Te Arawa Lakes Programme and Rotorua Lakes Catchment Activity (Regional Council) since the last Strategy Group meeting in March 2020.

Ngā tūtohutanga
Recommendations

That the Rotorua Te Arawa Lakes Strategy Group:

1 Receives the report, Rotorua Te Arawa Lakes Programme and Rotorua Catchment Status Report including a working demonstration of the dNITRO tool.

1. He Whakamārama
Background

The Rotorua Te Arawa Lakes Programme was established following Te Arawa’s Treaty of Waitangi settlement with the Crown in 2006. As part of that settlement the Crown committed to restoring the lakes of Te Arawa. That commitment included a Funding Deed which provided $72 million of Crown funds to a restoration programme on four priority lakes: Rotorua, Rotoiti, Ōkāreka and Rotoehu. The Programme is a partnership between Te Arawa Lakes Trust, Rotorua Lakes Council and Bay of Plenty Regional Council.

The Rotorua Te Arawa Lakes Strategy Group partnership was established to contribute to the promotion of the sustainable management of the Rotorua lakes and their catchments, for the use and enjoyment of present and future generations, while recognising and providing for the traditional relationship of Te Arawa and their ancestral lakes.

2. Status Report

Appendix One includes a dashboard status report for the Rotorua Te Arawa Lakes Programme and Rotorua Catchment for the period March to July 2020.

2.1 Deed-Funded Activity Highlights

Lake Rotorua

· Alum dosing was on placed on hold during the COVID-19 lockdown period. During this period there were no issues with cyano blooms in Lake Rotorua. However, there was some evidence of cyano accumulation in Okere Arm of Rotoiti. Alum dosing has now recommenced at Utuhina. The alum tank at the Puarenga plant requires renewal which will be undertaken in August.

· The resource consent application for phosphorus locking on Lake Rotorua is in its final stages. The Lake Rotoehu phosphorus locking consent application is also progressing. The cultural impact assessment has been received and iwi are advising on consent conditions.

· The Incentives Scheme has secured 22.5 tonne of nitrogen and staff continue to negotiate deals with property owners - with several in the pipeline. It had previously been reported that 25.9 tonne of nitrogen had been secured. This was due to the Incentives Committee approving an agreement for a deal of 3.5 tonnes of N. Subsequent to the Incentives meeting on 2 October 2019, the Trustees of that land advised staff that they did not wish to progress with the deal due to continuing uncertainties associated with the Plan Change 10 appeals. However, following a dNITRO demonstration the Trustees have now re-engaged and it is expected that an improved deal will be finalised in the near future, which may bring the total N removed from the lake to more than 26 tonnes.

· 39 resource consents have been granted under Plan Change 10 for properties over 40 hectares in the Lake Rotorua catchment and five properties have been assessed as being low-intensity (permitted activities). All remaining properties over 40 hectares are now required to hold resource consent and staff will be ensuring this via the Advice and Support Service by year end.

· Implementation of Funding Agreements under the Low Nitrogen Land Use Fund continue to be implemented. The hemp trial project has been expanded to include additional flux meters to provide more accurate soil data. Operational milestones for the Miscanthus, Hazelnut and Volcanic Creamery Projects have been completed and the Caromal Orchard funding agreement is currently being finalised. Operational milestones for the Perrin Ag Farm Forestry Project are being met.

The upgrade of dNITRO has been invaluable with engaging landowners and prospective landowners in the Incentives Scheme. It is designed to provide landowners within the Lake Rotorua catchment an indication of the financial implications of changing land use from pasture to forest. Income from nitrogen rebates, carbon credits, timber sales and afforestation grants are included in the analysis. The tool has created excellent engagement of landowners and prospective landowners in land use change in the catchment – particularly through the Lake Rotorua Incentives Scheme. A short demonstration of the tool will be provided by Andy Dick at this Strategy Group meeting. The tool is freely accessible online at this link http://www.dnitro.co.nz/.

· Staff have undertaken a review of possible weed harvesting on Lake Rotorua for the purpose of in-lake nutrient removal, as undertaken for Lake Rotoehu. Under normal circumstances weed harvesting would not add value to reducing in-lake nitrogen levels in Rotorua because there is not a big enough quantity of surface reaching weed on the lake. However, in the event of a large amount of weed accumulation close to the lake shore the weed harvester remains a useful option, as detailed below.

Lake Rotoiti

· Construction of the Lake Rotoiti sewerage reticulation is 75 percent complete. Formal approvals from māori landowners are needed to enable construction of the remaining network.

· Ohau wall strengthening works are underway. The project is expected to take 12 months. The project is currently behind schedule due to COVID-19.

Lake Okareka

· In addition the further Lake Ōkāreka land use change project approved by the Rotorua Te Arawa Lakes Programme in 2016 is completed. A further 78 hectares of land use change to trees has been secured, taking the total land use retirement in the catchment by the Programme to just under 236 hectares. A period of monitoring is now required to establish the effect on lake water quality of the further change.

2.2 Non Deed-Funded Activity Highlights

Lake Rotorua

· On 8 July the weed harvester was used to clear approximately 80 tonnes of lake weed that had washed up at the Lake Rotorua waterfront. This work was a collaborative effort with Regional Council operating the harvester and Rotorua Lakes Council staff transporting and disposing of the weed.

Chopper the weed harvester working to clear weed washed up in a storm at the Rotorua lakefront on 8 July (Photo Credit – Justine Randell).

· Phase three of the Nutrient Discharge Management System is complete. Work is now underway to extend the system to areas outside of Lake Rotorua.

· 2020 koura monitoring for Lake Rotorua has been completed. Recent monitoring indicates that catfish in Rotorua and Rotoiti are having a devastating impact on the juvenile koura population.

· On 2 June 2020 the Court issued a Consent Order resolving all outstanding appeals on Proposed Plan Change 10 of the Regional Natural Resources Plan, other than one outstanding matter relating to an additional allocation of nitrogen to Treaty of Waitangi Settlement land. The Court has now set a date of 7 September 2020 to commence a hearing into the remaining appeal point. This means that Proposed Plan Change 10 is operative in terms of implementation.

· A recent collaboration between Bay of Plenty Regional Council and Te Komiro o te Utuhina, with assistance from Fish and Game - saw the replacement of large rocks in the Utuhina below Lake Road bridge to re-establish fishing holes that were removed when the Lake Road bridge was upgraded around 2011. It hasn’t been smooth sailing for this project but it’s great to have the rocks in the stream doing their job now.

· Work is well underway on the removal of priority trees in Paradise Valley. These trees have been identified as being at risk of falling into the Ngongotahā Stream causing bank erosion and potentially creating debris dams during storm events. The work is being carried out with COVID-19 Recovery funding provided under the Funding Agreement with MBIE for Worker Redeployment on Local Road and Infrastructure Projects of which BOPRC was a co-applicant with Whakatāne District Council. The contractor, Citywide Trees, has employed 2 new workers, as well as 3 subcontractors, all of whom were made redundant as a result of COVID-19.

Utuhina fishing hole project. From left: Greg Allen (Te Komiro), Rawiri Bhana and Dan Batten (Regional Council), John Meikle (Fish and Game) (Photo Credit - Arash Alaeinia)

Lake Ōkāreka

· The contract for the two monitoring buoys at Lakes Ōkāreka and Rotoiti have been let.

· Stage two works at the mouth of the Waitangi Stream are now complete. Pipeline upgrade works are taking place during 2020/21.

Tarawera Catchments

Councillors and staff of the Regional Council recently attended the AGM of Project Rerewhakaiitu Incorporated. Most recently Project Rerewhakaiitu, with the support of Bay of Plenty Regional Council, Fonterra and Beef and Lamb NZ led the development of Farm Environment Plans for farms in the inner and outer catchments of Lake Tarawera which was one of the actions of the Tarawera Restoration Plan. The project was a great success with most farms in these catchments obtaining a Farm Environment Plan. Those landowners are now working through implementing those plans and the Regional Council staff are providing support as required. The group has a keen interest in the implementation of the National Policy Statement for Freshwater.

3. Ngā Whakaarohanga
Considerations

3.1 Huringa Āhuarangi
Climate Change

The Water Quality Technical Advisory Group (WQTAG) has completed a Statement on Climate Change, Lakes and Water resources in the Rotorua Region (attached in Appendix 2). The statement has been discussed at two meetings of the WQTAG and scientists have then had the opportunity to provide comments before finalisation. The statement is a summary of a longer paper that will be published by Prof Hamilton (Griffith University) to support it, available in the near future.

The statement notes that increases in atmospheric CO₂ are responsible for changes in the climate, including rising temperatures and rainfall timing and distribution. This is likely to result in higher intensity rainfall, with associated effects. Communities will need to consider how they adapt in response. The reality is that for the Rotorua Lakes Programme, meeting target TLI measures of water quality will be more challenging and the statement is recommending an approach to anticipatory actions necessary to meet TLI targets in the future. Ongoing adaption by the Programme is necessary to respond to climate change.

3.2 Ngā Pānga ki te Māori
Implications for Māori

Fourteen Lakes within the Rotorua/Te Arawa boundaries are subject to the Lakes Settlement Act 2006 (‘Settlement Act’).

Under this legislation, the traditional, historical, cultural/spiritual relationships and associations that Te Arawa hapū and iwi have with the Te Arawa Lakes is recognised by the vesting of these Lakebeds in the Lakes Trust. The health of the Te Arawa Lakes is paramount to the Lakes Trust.

Te Arawa Lakes Trust have also lodged their Environmental Management Plan - He Mahere Taiao mo ngā wai o Te Arawa. This document has been lodged with Regional Council and sets out clearly the interests that Te Arawa Hapū and Iwi have with their lakes and waterways and also sets out the protocols of engagements between council and Te Arawa Lakes Trust.

The Rotorua Te Arawa Lakes Programme is a partnership between Te Arawa Lakes Trust, Bay of Plenty Regional Council and Rotorua Lakes Council. This report outlines progress with programme deliverables that benefit the lakes and the lakeside communities.

The programme also includes tangata whenua involvement and support and acknowledges the Mātauranga Māori and hunga tiaki practices and principles of local Māori. A specific example of this is the nationally recognised award winning Catfish programme, which was the winner of last year’s biosecurity awards and the winner of the 2020 SOLGM winner of the Te Puni Kokiri award for bicultural leadership (and overall supreme award winner).

3.3 Ngā Pānga ā-Pūtea
Financial Implications

A separate paper is being presented at the 5 August meeting by Rotorua Lakes Council seeking additional funding for the Rotoiti Rotomā Wastewater Reticulation Scheme. There are no further budget implications, all ongoing work is within the approved Annual Work Programme of the Rotorua Te Arawa Lakes Programme (2020-2021).

4. Ngā Mahi Whai Ake
Next Steps

The Rotorua Te Arawa Lakes Programme will provide a status report and the 2019/20 Annual Report for approval by Strategy Group at the next Strategy Group meeting.

Strategy Group members will see some changes in the way that the annual lake water quality results are presented in the next Annual Report, to respond to concerns that often the Trophic Level Index (TLI) reporting doesn’t match up to the experience of the lake user or the observed quality of the lake water, e.g. the TLI may be below target but measures such as abundance of koura and water clarity are favourable. The changes that staff are working on for this new reporting are summarised:

• A review of laboratory and analytical processes for lake water quality samples has identified changes that need to be made, particularly to measurements of total phosphorous and the influence on results for lakes with naturally high arsenic from geothermal sources, e.g. Lake Tarawera. The resulting improvements to the lab measurements will mean that there is likely to be an improved TLI on Lake Tarawera moving forward (and possibly Rotomahana). Staff are also working on updating previous years TLI’s to reflect this improved analysis and make the data consistent.

• The TLI will be reported within the margin of error. The TLI has previously been presented as an annual average and each TLI result has a margin of error. Where the error bands span the target lake TLI then this result should be reported as meeting the TLI. In the past where the annual average TLI exceeded the target but the error band spanned the target, this was incorrectly reported as not meeting the TLI.

• To assist in separating very poor quality lakes from good quality, without the simple pass/fail of the TLI approach, each of the four parts of the TLI will be separately reported, using a visual traffic light style format. The traffic light levels will be based on the NPS-FM water quality bands, and will indicate high or low water quality for each parameter.

• A more holistic “lake health” report will be included, including reporting on cyano-bacteria monitoring, SPI (submerged plant index) and koura and kakahi monitoring. These are all measures of lake health that that the Regional Council collects and they provide a broad picture of the lake health from different ecological perspectives, that are important to the community.

Water quality reporting can also have further additions over time to better meet the requirements the Programme partners, as part of our commitment to adaptive management.

The Programme will continue to implement the 2020/21 Annual Work Plan, approved by e-mail during the Covid-19 lockdown.

Tuhinga Tautoko
Attachments

Attachment 1 - August Rotorua Te Arawa Lakes Programme Dashboard ⇩

Attachment 2 - Water Quality Technical Advisory Group ⇩