Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority

Membership

Chairperson	Dean Flavell (Tapuika Authority Trust)
Deputy Chairperson	Cr Matemoana McDonald (Bay of Plenty Regional Council)
Iwi Members One representative each appointed by: Tapuika Iwi Authority Trust Te Tāhuhu o Tawakeheimoa Trust Te Pumautanga o Te Arawa Trust One member jointly appointed by: Tapuika Iwi Authority Trust and Te Kapu o Waitaha	Geoff Rice (Alternate) Nicki Douglas Vincent Brown (Alternate) Piki Thomas Rawiri Kingi (Alternate) Vacant
Council Members One representative each appointed by: Bay of Plenty Regional Council Rotorua Lakes Council Western Bay of Plenty District Council Tauranga City Council	Cr Jane Nees (Alternate) Mr Nick Chater (Lakes Community Board) Cr Tania Tapsell (Alternate) Cr Grant Dally Deputy Mayor John Scrimgeour (Alternate) Cr Heidi Hughes Cr Steve Morris (Alternate)
Informal Members Two informal members with voting rights appointed by: Te Komiti Nui o Ngāti Whakaue Bay of Plenty Regional Council	Yet to be appointed Raymond Pou Pouasa (Alternate) Cr Te Taru White
Quorum	The chairperson or deputy chairperson and two members appointed by iwi and two members appointed by the local authority appointing organisations
Meeting frequency	Quarterly

Purpose

The purpose of the Authority as set out in the Tapuika Claims Settlement Act 2014 is the restoration, protection and enhancement of the environmental, cultural and spiritual health and wellbeing of the geographical area of the Kaituna River Catchment as shown on deed plan OTS-209-79.

This is a permanent joint committee under the Local Government Act 2002 and co-governance partnership between local authorities and iwi that share an interest in the Kaituna River and must not be discharged unless all of the appointing organisations agree to the discharge.

Role

· To prepare and approve the Kaituna River document in accordance with sections 125 and 127 of the Act.

· To monitor the implementation and effectiveness of the Kaituna River document.

· To support integrated and collaborative management of the river.

· To work with local authorities and crown agencies that exercise functions in relation to the Kaituna River:

§ to monitor the state of the river environment

§ to monitor the effectiveness of the management of the river

§ to engage with iwi in relation to their interests in the river and to consult them on how to manage the river.

· to provide advice and recommendations to local authorities:

§ relating to projects, action or research designed to restore, protect or enhance the health and wellbeing of the river

§ on appointment of commissioners to hear and decide applications for resource consents under the Resource Management Act 1991 that affect the river.

· to facilitate the participation of iwi in the management of the river.

· to monitor the extent to which the purpose of the Authority is being achieved, including the implementation and effectiveness of the Kaituna River document.

· to gather information, to disseminate information and to hold meetings.

· to take any action that the Authority considers is appropriate to achieve its purpose.

· The Authority may seek to obtain funds to enable it to perform its functions.

· Other iwi and local authorities may join the Authority through consensus of the Authority or through legislation.

Decision Making

The Authority must make its decisions by a vote at a meeting and must seek to achieve consensus, be consistent with and reflect the purpose of the Authority and acknowledge the interests of iwi in particular parts of the Kaituna and its catchments.

If the Chair or Deputy Chair considers that the meeting is unlikely to achieve consensus on a matter, the decision on the matter may be made only by a 70% majority of those present. The Chair and the Deputy Chair of the Authority may vote but do not have a casting vote.

Power to Act

The Authority has discretion except as provided for in section 116(2) (a) of the Tapuika Claims Settlement Act to determine in any particular circumstances whether to perform any function specified and how and to what extent any function specified is performed.

Power to Recommend

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

The Te Maru o Kaituna River Authority members report directly to their respective organisations.



Report To:	Te Maru o Kaituna River Authority
Meeting Date:	28 August 2020
Report Authoriser:	Pim de Monchy – Coastal Catchments Manager

Adoption of the 2020/21 Te Maru o Kaituna River Authority Budget

Executive Summary

This report seeks adoption of the 2020/21 Te Maru o Kaituna River Authority (TMoK) budget and updates members on the current expenditure and financial status.

Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Adoption of the 2020/21 Te Maru o Kaituna River Authority Budget;

2 Notes the current balance of Te Maru o Kaituna River Authority funds;

3 Adopts the 2020/21 Te Maru o Kaituna River Authority Budget as outlined in the report, subject to any amendments arising from the meeting.

1. Introduction

As part of the Cultural Redress under the Tapuika Deed of Settlement, Te Maru o Kaituna River Authority was provided with funding of $250,000 as a contribution to the operations of Te Maru o Kaituna River Authority and preparation of the Kaituna River Document.

The wording from the Deed is reproduced below:

“Administrative and technical support of Kaituna River Authority

5.54 On the effective date, the Crown will provide $250,000 to the Kaituna River Authority as a contribution to the costs of:

5.54.1 the initial operation of the Kaituna River Authority; and

5.54.2 the preparation and approval of the first Kaituna River Document.”

The Bay of Plenty Regional Council is responsible for the administrative support of the Authority and must hold the account separately and spend the funds as directed by the Authority.

The approved budget for the 2019/2019 financial year was as follows:

APPROVED 2019-2020 Budget: Approved by TMoK on 28 June 2019
Proposed Budget Lines	Description	Amount ($)
Kaituna Action Plan
Development of action plan	Independent consultant to develop the action plan - contract $20,229	4,900
Graphic design and document production of the action plan.	Tentative budget if a separate action plan wants to be designed. Photographs for Action Plan design	4,000
Project Manager Budget
Communications, promotional material and advertising for socialising of the action plan.	Once the action plan has been written and adopted a clearer indication of what might be needed in this space will be known. External communications including media, social media, newsletters and print advertising to prompt TMoK, the KRD, action plan and /or any other functions relevant to TMoK's purpose	3,000
Other TMoK functions
Independent planning and / or legal advice - peer review of Change 5	Engaging an independent advisor to ensure the river document is recognised and provided for fully in change 5 to the RPS as discussion documents, draft and proposed plan change stages of the planning process and to provide advice & recommendations to TMoK about their course of action to take.	10,000
Adhoc independent planning and / or legal advice on an as needed basis	Independent advise for example: - review & recommend course of action for specific resource consent applications which may have significant effect on water quality or quantity in the Kaituna to make sure they have adequate taking into account the KRD - to peer review / review discussion documents, draft plan changes, proposed plan changes to ensure they have adequately recognised and provided for the KRD and any relevant actions, - provide advice and support to TMoK about whether to lodge informal feedback, make a submission , further submission or otherwise	10,000
Other ad hoc independent advice on an as needed basis	Technical, translation, cultural, legal, research advice	10,000
Website	Design and development of TMoK website (dependent on outcome of discussion with Comms)
World River Day 22 September 2019		5,000
TOTAL		46,900

2. Current Balance

The current balance of the Authority’s fund is $187,985.76 as at 30 June 2020. An invoice was received in August 2020 but not yet been paid for $1,725 incl. GST for consultancy work for TMoK’s submission to the AFFCO consent application.

A summary of financial transactions incurred for the period 1 June 2019 to 30 June 2020 is included below:

Date	Costs ($) excl GST	Income ($) excl GST
Opening Balance – 1 July 2019	192,415.32
Miscellaneous catering	97.51
Action Plan Consulting	5057.25
Independent advice for Change 5	4,200
Interest received		4,925.20
Closing Balance	187,985.76

3. Draft Proposed Budget 2020/21

A draft 1 July 2020 to 30 June 2021 budget is included below as a starting point for refinement by TMoK as part of considering the work program for 2020/2021:

Proposed Budget Lines	Description	Amount ($)
Independent planning and / or legal advice - peer review of Change 5	Contract in place to provide advice and recommendations to TMoK to ensure the River Document is recognised and provided for fully in change 5 to the RPS up to notification.	4,500
Adhoc independent planning and / or legal advice on an as needed basis	Independent advise for example: - review & recommend course of action for specific resource consent applications which may have significant effect on water quality or quantity in the Kaituna to make sure they have adequate taking into account the Kaituna he taonga tuku iho (note invoice for $1,750 to be paid from this)	10,000
Communications - website	TMOK development of website sections or functionality on the new standalone website after it goes live	3,000
Communications Strategy	If raising TMoK’s profile and/or building a fundraising campaign are priorities some independent or focused support could be beneficial TMoK development of a Communications Strategy that would then guide what level of investment is needed to deliver on it.	5,000
TMoK led actions	Ø Project 3. Consented takes and discharges project (co-led with council’s) Ø Project 9. Pataka kai project Ø Project 10. Kaituna community connection project Ø Project 13. Kaituna cultural and historical heritage project.
TOTAL		22,500



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	28 August 2020
Kaituhi Pūrongo: Report Writer:	Pim De Monchy, Coastal Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To provide a draft annual report to Te Maru o Kaituna River Authority for review and approval.

Te Maru o Kaituna River Authority Draft Annual Report 2019/2020

Whakarāpopototanga
Executive Summary

This report presents a draft annual report to Te Maru o Kaituna River Authority (TMoK) for review and approval. The report is required to fulfil legislative requirements and must be sent to the appointing organisations of the Authority’s members.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Te Maru o Kaituna River Authority Draft Annual Report 2019/2020;

2 Approves the attached Annual Report;

3 Notes that the report will be distributed to appointing organisations for their review.

1. He Whakamārama
Background

Clause 10 of Schedule 5 in the Tapuika Claims Settlement Act 2014 (the Act) requires Te Maru o Kaituna River Authority to prepare an annual activity report and to distribute that report to its appointing organisations for review.

2. Annual Activity Report

The purpose of this paper is to provide a draft Annual Activity Report for the 1 July 2019 to 30 June 2020 period for TMoK members to review and approve. The draft report is attached as Appendix 1.

The Annual Activity Report must be distributed to the appointing organisations from which the Authority’s membership is derived inviting review as required by Clause 11 of Schedule 5.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

This paper is about co-governance entity approval of their Annual Activity Report as required by the Tapuika Claims Settlement Act 2014. It is procedural and operational in nature so no assessment of risks and mitigations is required.

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

This paper is about co-governance entity approval of their Annual Activity Report as required by the Tapuika Claims Settlement Act 2014. TMoK is made up of members drawn from both local government and Te Arawa iwi organisations, as defined in s118 of the Act. Once approved the report is provided to all appointing organisational members for review which provides a direct feedback loop for iwi members about the effectiveness of their Treaty Settlement entity TMoK.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

This paper is procedural and operational in nature so no community engagement is required at this time. It is noted that some of the actions undertaken by TMoK covered in the attached Annual Activity Report involved community engagement such as seeking of key stakeholders feedback on the Kaituna Action Plan. Going forward TMoK intends working in collaboration with the community to collectively deliver on the projects and actions set within the Kaituna Action Plan.

3.5 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. It is noted that the attached Annual Report outlines TMoK’s financial position.

4. Ngā Mahi Whai Ake
Next Steps

Once the attached 2019/2020 Annual Activity Report is adopted, it will be forwarded to all TMoK appointing organisations for review as required by the Act.

Tuhinga Tautoko
Attachments

Attachment 1 - Te Maru o Kaituna 2019 to 2020 Annual Activity Report ⇩



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	28 August 2020
Kaituhi Pūrongo: Report Writer:	Micah Butt, Senior Maori Resource Management Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
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

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). On 5 August 2020 the Government gazetted the NPSFM and added further amendments to the policy.

This paper provides:

· An overview on the key changes to the NPSFM that are relevant to Te Maru o Kaituna River Authority; and

· Indicates the forward work programme resulting from the changes to the NPSFM; and

· Seeks Guidance from Te Maru o Kaituna about their involvement and role in this work.

The NPSFM 2020, National Environmental Standards for Freshwater 2020 (NES-FW), stock exclusion regulations, and measurement and reporting of water takes regulations were gazetted on 5 August 2020, and will take effect on 3 September 2020. One major change is 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. Council is now required to collaborate with tangata whenua on matters concerning monitoring and policy development with respect to the new compulsory Māori value, Mahinga Kai.

· Notification of proposed regional policy statements and regional plans that implement the NPSFM 2020 no later than 31 December 2024, as per the freshwater amendments in the RMA.

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 Te Maru O Kaituna River Authority (TMoK) on how they wish to participate in accordance with its role and function and Kaituna, he taonga tuku iho, in regard to the review of the Regional Natural Resources Plan (water and land sections) as well as the implementation of the new NPSFM 2020. It also references changes to PC 12 and provides an update on proposed draft Plan Change 5 to include Kaituna, he taonga tuku iho in the Regional Policy Statement.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

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

2 Provides guidance on the role of Te Maru O Kaituna in the Regional Natural Resources Plan review and in the implementation of the National Policy Statement for Freshwater Management 2020, pertaining to the Kaituna co-governance framework area;

3 Provides guidance on preferences of TMoK for 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;and

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

TMoK considered the freshwater proposal at their meeting on 27 September 2019 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 has resulted in:

· RMA Amendments;

· An amended National Policy Statement for Freshwater Management 2020;

· A new National Environmental Standard for Freshwater 2020;

· New RMA s.360 Stock Exclusion regulations;

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

On 3 August 2020 the Government gazetted the NPSFM 2020 and regulations. Key most relevant to kaupapa Māori are:

· Councils must collaborate with tangata whenua on the preparation of attributes with respect to the new compulsory Māori value, Mahinga Kai.

· Tangata whenua must be involved in decision making with respect to the preparation of plans and policies relating to freshwater management.

· The NPSFM 2020 gazetted version requires vision statements on Te Mana o Te Wai to be inserted into the Regional Policy Statement for each Freshwater Management Unit identified in the region, where the draft required one for the whole region.

This paper focusses on key changes for implementing the amended National Policy Statement for Freshwater Management relevant to TMoK’s role and function and Kaituna, he taonga tuku iho.

One major change is the 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.

Background information about the decision-making and legislative process is available on the Ministry’s website.

The new National Policy Statement for Freshwater Management 2020 (NPS-FM 2020), National Environmental Standards for Freshwater 2020 (NES-FW), stock exclusion regulations, and measurement and reporting of water takes regulations were gazetted on 5 August 2020, and will take effect on 3 September 2020.

Further information is available from MfE’s website:

· NPS-FM 2020

· NES-FW

· Stock exclusion regulations

· Measurement and reporting of water takes regulations

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 Toi Moana 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.

Te Maru o Kaituna (TMoK), the Rotorua Te Arawa Lakes Strategy Group (RTALSG) 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.
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.

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.

3.1 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. Note, that with the gazetting of the NPSFM 2020, staff will now hone the work programme as per the additional amendments to the policy.

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.

3.1.1 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.

3.1.2 Implications for RNRP PC 12 (Kaituna, Pongakawa Waitahanui and Rangitāiki) and RPS Change 5 (Kaituna River)

A region wide approach is now required to implement the NPSFM 2020 in the timeframe set. A key shift is there will be one RPS change and one RNRP plan change notified no later than 31 December 2024 rather than changes for each of the Water Management Areas. This means that PC 12 will not proceed in its current form and will be integrated into changes to be notified in 2024.

Work undertaken to date to progress PC 12 including the stocktake, science, modelling, engagement with iwi and the community group and TMoK and RRF’s work creating and approving their river documents as well as changes to embed the statutory parts of the river documents into the RPS will be built on for the region wide implementation of the NPSFM 2020. The visions in the river documents are mentioned in the RPS and will guide and inform the setting of visions now required under the NPSFM.

At their 11 August meeting the Strategy and Policy Committee approved staff recommendations including commencing broader community, iwi/hapū and stakeholder consultation from 18 August to 16 October 2020 on draft Proposed Change 5 (Kaituna River). Notice will be sent to all persons/organisations who made comment on the Kaituna River document inviting their comment on draft Proposed Change 5 (Kaituna River). Staff will present comments received to the Te Maru o Kaituna meeting scheduled for 27 November 2020 prior to reporting to the Regional Council meeting on the 17 December 2020.

4. Information and Reporting to TMoK

Co-governance bodies in the Bay of Plenty region including TMoK each have legislated scope and functions which interface with the RNRP review and NPSFM Implementation work programme. Some have river documents, which in time will all be recognised and provided for in the RPS. The status of these documents are such that Toi Moana has an obligation to ensure that the objectives and desired outcomes are provided for in any plan changes relevant to the particular awa.

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

· To support integrated and collaborative management of the Kaituna river and its tributaries.

· To monitor the implementation and effectiveness of the Kaituna, he taonga tuku iho the Kaituna River document.

· To participate in monitoring:

o the state of the river environment

o the effectiveness of the management of the river

· To facilitate the participation of iwi in the management of the river.

· To gather information, to disseminate information and to hold meetings.

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 TMoK and Toi Moana.

To this end Toi Moana seeks agreement from TMoK 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 relevant to the Kaituna River and its tributaries, are brought to TMoK first for advice and recommendations to the Strategy and Policy Committee. This will include policy papers relating specifically to the Kaituna co-governance framework area. For other topics, the Strategy and Policy Committee papers can simply be provided to TMoK for their information as requested.

5. Ngā Whakaarohanga
Considerations

5.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

This paper signals key shifts required for Toi Moana’s NPSFM Implementation and RNRP review work programme. Now the NPSFM 2020 has been gazetted, Toi Moana staff will hone the work programme which 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.

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 preparing the LTP.

6. Ngā Mahi Whai Ake
Next Steps

Gazetting of the NPSFM will now require Toi Moana staff to further consider key shifts in the RNRP review and NPSFM Implementation work programme. Staff will prepare a more detailed Māori engagement plan for the region/sub-regions as soon as possible, following discussions with iwi.

Toi Moana will report back to TMoK for advice and recommendations before key decisions are made.

Tuhinga Tautoko
Attachments

Attachment 1 - 2020-07-15 Te Hononga Regional Maori Engagement Plan PDF FINAL VERSION ⇩



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	28 August 2020
Kaituhi Pūrongo: Report Writer:	Pim De Monchy, Coastal Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To update the Authority on operations carried out by Toi Moana / Bay of Plenty Regional Council

Toi Moana Kaituna Catchment - Report on Operations since 29 May 2020

Whakarāpopototanga
Executive Summary

This report provides Te Maru o Kaituna River Authority with an update on operations carried out by Toi Moana / Bay of Plenty Regional Council since the last meeting 29 May 2020, and an outline of upcoming planned work that may be of interest.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Toi Moana Kaituna Catchment - Report on Operations since 29 May 2020.

1. He Whakamārama
Background

This report is a standing item on Te Maru o Kaituna River Authority’s agenda and is provided at the request of the Authority.

2. Operations

2.1 Engineering, Rivers and Drainage

2.1.1 Kaituna Mole Upgrade

The objective of this project is to upgrade the Kaituna Mole (groyne) structure and construct community amenities.

The structure is a protection asset for the Kaituna Catchment Control Scheme. It keeps the river entrance from eroding and/or migrating eastward. The structure has a high community value and focus due to its river protection purpose plus its high recreational use by the community for walking and fishing etc. Asset condition has steadily deteriorated over the years and refurbishment has been scheduled to extend its life by 50 years. Works include replacing the structure in the same form by constructing a new perimeter of sheet piles around the exterior of the existing wall; constructing a new concrete slab over the top; replenishing the scour protection on the river side of the mole; and constructing community facilities e.g. car park, toilets, walk ways, benches and vegetative landscaping.

This is a multi-stage project with mole refurbishment commencing this financial year (scheduled for April 2021) and the construction of community amenities the following year.

This project has secured 75% Crown infrastructure funding under the COVID-19 recovery package.

Figure 1: the Kaituna Mole – due to be upgraded this financial year

2.1.2 Refurbishment of the Ōkere Falls outlet structure.

The process involved one by one removal of the 3 radial gates and lifting mechanisms. Each gate was sandblasted and any corrosion repaired, motors and gear boxes all got new seals and bearings. Two of the three gates are done now, with the third scheduled to be completed by early September.

Figure 2: Upgrading of the Okere Gates

2.1.3 Kopuaroa Canal desilt

The canal was desilted and material shaped into the landward berm of the stop bank to toe load.

Figure 3: Silt removed from the Kopuaroa Canal

2.1.4 Maketū Pump station Switchboard upgrade

New switchboard and telemetry upgrade so it can be monitored/reset remotely.

Figure 4: the newly upgraded switchboard at Maketū Road Pump Station

2.2 Harbour Master

Five knot speed limit signs were installed at the Kaituna Re-diversion.

The team gathered video and photos from a motion-sensitive camera we have to detect speeders up river. To date there is insufficient evidence to issue any infringement notices, and there has been very little traffic overall.

2.3 Consents and Compliance

59 consents have been granted in the Kaituna catchment since 1 April 2020. One application, to use and maintain a jetty and a boatshed on Lake Rotoiti was limited notified to Te Arawa Lakes Trust, Ngāti Mākino, Ngāti Pikiao, Land Information New Zealand, the Department of Conservation, and Fish and Game New Zealand. Submissions have been received, and this application will likely progress to a hearing.

Two applications have been publicly notified.

· Rotorua Lakes Council’s application to discharge wastewater to Lake Rotorua is currently on hold at the request of the applicant, with an update report to the Environment Court due at the end of August.

· AFFCO’s application for the renewal of four resource consents for the discharge of wastewater and stormwater from the meat processing facility to land and water was publicly notified, as identified in an earlier presentation to Te Maru o Kaituna. Nine submissions in opposition were received, and this application will proceed to a hearing.

Figure 5: Consents granted in the Kaituna Catchment (incl. lakes) since 1 April 2020

2.4 Coastal Catchments and Science

2.4.1 Kaituna River Re-diversion Project

Following the stage 1 commissioning of the project on 12 February, Council staff have reported on the last three years of monitoring data from within the estuary. This memo shows good news, and is attached as Appendix 1. An excerpt from the memo’s conclusions is copied here:

Overall, the monitoring results show that changes made in opening back up a number of areas to the estuary has not had any notable adverse consequences for the ecology of the ecosystem and that restoration is occurring throughout all these areas with visible positive improvements in the whole ecosystem.

2.4.2 Te Pourepo o Kaituna Wetland Creation Project

Around 400 students from Paengaroa school, Te Puke High School, Te Kura o Maketū, Ōtamarākau school, Te Puke Intermediate, Te Puke Primary, Te Ranga school and Fairhaven school are learning about the historical and ecological importance of wetlands while directly helping restore these ecosystems through planting in the lower Kaituna catchment as part of Councils Te Pourepo o Kaituna wetland creation project.

BOPRC is collaborating with Maketū Ōngātoro Wetland Society and Bay Conservation Alliance to deliver a hands on learning programme to teach students about the important functions of wetlands including for water filtration, as habitat for fish, invertebrates and key wetland native birds all while planting 4,000 native wetlands plants to help the restoration process.

2.4.3 Te Pā Ika monitoring

The 6-monthly Te Pā Ika sampling was conducted on 30th July 2020. Sediment samples are taken from 10 sites to measure changes in sediment organics, grain size and heavy metals following the Te Pā Ika wetland construction and Kaituna River diversion. Other than finding a cyanobacterial bloom, the estuarine wetland health is changing quickly and there was some sediment erosion evident within the wetland since the river opening. There was a large amount of bird life on site (spoonbills, black and white stilts) and there were signs of estuary life inhabiting all the monitored sites (lots of titiko, crab burrows, and polychaete worms evident). A number of sites had new growth of the red algae Gracilaria chilensis. A further analysis on the estuarine wetland changes/development will be provided following the sediment results return from external laboratories. The next sampling round will be conducted in summer 2020/21.

2.4.4 Cyanobacterial bloom in Ford Cut/Te Pa Ika wetland

During routine 6-monthly monitoring of the Te Pa Ika wetland sediment and water quality, BOPRC scientists found the presence of a green cyanobacterial bloom in the upper estuary/Fords cut on 30th July 2020. A sample was taken and identified/counted by BOPRC scientists. It was identified as Anabaena circinalis, a potentially toxic cyanobacterial species, with quite a high bio-volume (19.7 mm³/L). This was notified to Toi Te Ora on the 1st August 2020. A secondary water sample was collected from the boat ramp at Maketu on the 3rd August 2020, and found no presence of the Anabaena circinalis. From this information Toi Te Ora has decided against issuing a health warning, but has chosen to erect some signage at the Te Pa Ika wetland near the main entrance points to the water. Subsequent monitoring has been clear of the cyanobacteria. Further monitoring will occur by BOPRC scientists, and reported back to Toi Te Ora.

Figure 8: Location and example of Anabaena circinalis bloom in Ford’s Cut, 31 July 2020

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

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. Many of the ecological restoration works reported in this paper will have positive impacts on climate change for the region.

3.3 Ngā Pānga ki te Māori
Implications for Māori

This report provides an update on Operations. Many of these operations have been funded or developed in collaboration with Māori. Keeping Te Maru o Kaituna River Authority updated on the operations and plans of Council is a priority alongside our work with iwi and hapū.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

This section is not relevant for this paper.

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

The operations outlined in this paper contribute directly to the achievement of Council’s vision and community outcomes.

3.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and all projects and works fit within the allocated budget in the current annual plan.

4. Ngā Mahi Whai Ake
Next Steps

Tuhinga Tautoko
Attachments

Attachment 1 - 2020 07 07 Stephen Park - Maketu Estuary benthic ecology 2020 ⇩