Commencing: Friday 18 September 2020, 9.30 am
Venue: Cruise Deck, Club Mount Maunganui, 45 Kawaka Street, Mount Maunganui
Chairperson: Cr Matemoana McDonald Bay of Plenty Regional Council Toi Moana (BOPRC)
Deputy Chairperson: Charlie Tawhiao Ngāi Te Rangi
Members: Tauranga City Council (TCC): Cr Jako Abrie
Ngāi Te Rangi: Pia Bennett
BOPRC: Cr Norm Bruning; Cr Stacey Rose; Cr Jane Nees (Alternate)
Western Bay of Plenty District Council (WBOPDC): Cr Mark Dean
Observer: Jeff Milham - Department of Conservation
In Attendance: BOPRC: Cr Lyall Thurston; Chris Ingle – General Manager Integrated Catchments; Pim De Monchy – Coastal Catchments Manager; Reuben Gardiner – Senior Planner (Water Policy); Hemi Barsdell – Asset Management Specialist; Hamish Lass – Senior Projects Officer (Marine & Freshwater); Russell Knutson – Team Leader Western Catchments; Sanjana France – Communications Partner; Heidi Fraser – Programme Coordinator Integrated Catchments and Merinda Pansegrouw – Committee Advisor
TCC: Radleigh Cairns - Environmental Programme Leader
WBOPDC: Matthew Leighton - Senior Policy Analyst
Others: Matire Duncan (Ngā Potiki)
A karakia was provided by Charlie Tawhiao.
That the Tauranga Moana Advisory Group:
1 Accepts the apologies from Cr Kelvin Clout, Cr Grant Dally, Te Pio Kawe, Kylie Smallman, Rehua Smallman and Cr Paula Thompson tendered at the meeting.
Whakaūngia Ngā Meneti
Minutes to be Confirmed
Tauranga Moana Advisory Group Minutes - 19 June 2020
That the Tauranga Moana Advisory Group:
1 Confirms the Tauranga Moana Advisory Group Minutes - 19 June 2020 as a true and correct record.
Ngāi Te Rangi Representative Charlie Tawhiao provided the following verbal update:
· With previous hui postponed due to Covid-19 lockdown and restrictions, Tauranga Moana and Hauraki kaumātua would commence mahi of working towards mending the fractured relationship between their iwi groups caused by the Crown's approach to Treaty negotiations
· The focus would be on tikanga and whānaungatanga, instead of differences
· Partnerships were important: although partnerships where not always without challenges, it did not mean the partnerships were unhealthy; it merely forced parties to negotiate/re-negotiate the spaces between them. Of importance was to accept difference and to be mature enough to disagree in an adult way and to find an agreed way forward
· Highlighted his understanding of the definition/concept of mana whenua as being the extent of authority over land exercised by each iwi in relation to its neighbours. He stressed the importance of neighbours acknowledging mana whenua. Ultimately this underpinned everything that were currently under consideration with Hauraki
· Iwi of Tauranga were currently in conversation with the Ministry of Justice about matters relating to a rebuild of the Court House that was no longer fit for purpose. In addition, on the basis of mana whenua, deliberations were also taking place on the required reform of the legal system (“Reimagining the Criminal Justice System”)
· From the Iwi Chairs’ Forum perspective, future focus points would be data/the 5G spectrum and water.
Cr Mark Dean and Senior Policy Analyst Matthew Leighton provided a verbal update, highlighting the following:
· The proposed return of ownership of Panepane Purakau Matakane Island back to the 5 Matakana Hapū was currently in progress: the Panepane Purakau proposal had closed on 31 August 2020 and Council staff would now analyse submissions whereafter Council would deliberate on the proposal and make a final decision at an extraordinary meeting on Thursday 29 October 2020
· The following would change under the proposed return of ownership:
o Ownership of Panepane Purakau would change from WBOPDC to the representative hapū of Matakana Island
o Council would create a public reserve (approx. 7 ha) around the existing Panepane wharf; this area would remain in Council ownership and management
o In addition to retaining ownership of the area around Panepane wharf, Council would create a 20 metre wide esplanade strip for public access along the coastal boundary of the land
· Dredging at Tanners Point was ongoing to improve boat access around the boat ramp
· Finalisation of Flood Modelling (for rural areas/small rural settlements around the harbour) due to be released in October/November 2020 – would show rainfall associated flooding for 100 year event)
· Development of inundation tsunami modelling – due to be released at the end of 2020
· The Omokoroa to Tauranga Cycleway was nearing completion – recently had a positive meeting with Ngāti Kahu and TCC on the way forward – details regarding an alternative route would be released soon
· Te Puna Catchment Plan to be released soon.
Environmental Programme Leader Infrastructure Radleigh Cairns highlighted TCC key work streams as follows:
· TCC’s Water Team was currently putting 3 waters reform funding proposals together for projects that met the government’s three waters reform objectives. These included significantly improving safety and quality of drinking water services, and the environmental performance of wastewater and stormwater systems. Proposals included pump station and pipeline renewals as well as projects that looked to improve environmental impacts of the wastewater and stormwater networks
· The future proofing Cameron Road project recently received CIP funding ($45M) for the design and construction of Stage 1 (Harrington Street to Seventeenth Avenue) and planning for Stage 2 (17th Avenue to Barkes Corner). The project was identified as not only providing economic stimulus but strongly supporting the Te Papa intensification and plan change projects already on-going. Programmes of work for upgrading three waters infrastructure in parallel to the project would be included in the 2021-31 Long Term Plan. The project aimed at including improvements in safety, bus and cycle networks as well as improving the streetscape and connecting the stories and sites of Te Papa peninsular through placemaking. Engagement with partners, stakeholders and the wider community would be vital for successful delivery of the project and would be ongoing beginning in early October 2020. Construction of Stage 1 was anticipated to start mid 2021 with completion by 2023
· The Wastewater Management Review Committee adopted a new Environmental Mitigation & Enhancement Fund Policy Manual in August 2020. Next steps would include the appointment of an independent panel to assess applications against the eligibility and assessment criteria prior to opening for applications in January 2021
· The committee also approved the final 5 yearly Monitoring Upgrade and Technology Review Report required under the council’s main wastewater discharge consent
· The Kopurererua Stream Realignment preliminary design report had been completed and work was underway on a comprehensive engagement plan with an initial stakeholders meeting planned for late 2020
· TCC was currently negotiating an agreement with Waka Kotahi (NZTA) around access, stormwater and servicing for the Smith’s Farm special housing area as part of the Tauranga Northern Link project.
Cr Norm Bruning outlined BOPRC priorities as follows:
· The fourth Mount Industrial Environment Network meeting took place in July 2020 and attracted 55 business delegates. The focus of the meeting was to clarify the PM-10 off-set rules which have come in as a result of the Airshed
· Sea lettuce season: dynamics were variable and difficult to predict. Last season over 700 tonnes were collected and composted from the Matua area, whilst no collections were required in the season before
· The Land Management Team was implementing its "Focus Catchment" programme to address water quality across the Waitao, Kopurererua, Te Mania and Uretara catchments around the harbour. Over 10 km of new fencing and 20 ha of land retirement had occurred on farmland above Kaiate Falls in the Waitao catchment, keeping animals out of waterways and critical source areas to improve swimmability, which would then be monitored over the coming summer bathing season
· The Hi-cane spraying season on kiwifruit was almost over. This season the hotline attracted 25 calls relating to spray·. BOPRC staff have worked closely with NZ Kiwifruit Growers to ensure spray contractors knew the rules
· A project was underway to ensure dairy farms have correct water take consents for dairy shed wash-down
· The private landfill in Tauriko had closed in June. This meant there were no private green and demolition waste landfills currently operating in the catchment
· Maritime Vessel Taniwha, which was built in 2009, has recently had a mid-life refit. A new Remotely Operated Underwater Vehicle has been purchased and was due to arrive at the end of September. This was an important tool which would assist with aid to navigation maintenance, mooring management and emergency response in Tauranga Harbour. On 6 July, log vessel Funing experienced a loss of power while exiting Tauranga Harbour. As a result the vessel came to rest at the base of Mauao. Rescue of the vessel was successful with no oil or other pollution reported.
Department of Conservation District Manager Jeff Milham provided a verbal update, outlining the following:
· On 15 September 2020 the Minister of Conservation Eugenie Sage announced a $19 million investment over four years in an important forest restoration project involving a partnership between the Department of Conservation, iwi/hapū, the Bay of Plenty and Waikato Regional Councils, community conservation groups and organisations such as Forest and Bird across the Bay of Plenty and Waikato
· The $19 million in funding and the pest and predator control work it enabled would help protect rare species – focus of the funding would mainly be animal pest control and kauri protection
· The Kaimai-Mamaku Ranges Forest Restoration Project comprised six areas or ecological hubs covering more than 240,000 hectares from Te Aroha to Tokoroa, with specific conservation goals for each area
· Mahi/implementation of the “what” and the “how” would now commence
· On top of the $19 million Jobs for Nature funding, the Bay of Plenty Regional Council was contributing $1.5 million over five years into animal pest control on public conservation land which would start in 2020/21.
10:37 am - The meeting adjourned.
10:59 am - The meeting reconvened.
7. Ngā Pūrongo
Whakatau e Hiahiatia Ana
Ngā Potiki Membership Request
In view of the apologies received from Ngāti Ranginui representative Te Pio Kawe and Ngāti Pūkenga representatives Kylie Smallman and Rehua Smallman for today’s meeting, the consensus was that the item be deferred to the next meeting to enable all parties to the partnership agreement to consider the Ngā Potiki Membership request.
Ngā Potiki representative Matire Duncan was acknowledged and welcomed to the meeting and allowed the opportunity to address the members. She thanked members for the opportunity and supported the deferral to enable all iwi/hapū representatives to participate in the deliberation on the membership request.
Key Points – Members:
· The Ngā Potiki membership request had raised valid questions relating to mana whenua in Tauranga Moana
· The mana whenua based Marine and Coastal Area application lead by Ngā Potiki was very inspirational and had highlighted mana whenua issues in Tauranga that would need to be resolved
· The impact of the membership request on the Tauranga Moana Framework and Pare Hauraki Collective Settlement Deed also needed to be considered by the iwi representatives
· Ngāi Te Rangi representative Charlie Tawhiao indicated that iwi/hapū representatives would consider the matter and provide a progress report at the next meeting. Co-ordination of the discussion would be undertaken by iwi representatives.
· The Ngā Potiki’s membership request had also highlighted the need to review the status of the Advisory Group to progress urgent mahi required as dictated by the rapid development taking place and the consequent pressure on the area. The Advisory Group needed to influence the development process (the 2004 SmartGrowth expectations had been exceeded – co-governance input into future documents would be crucial)
· Ngāi Te Rangi was confident that a settlement agreement would be reached
· The Advisory Group offered a useful platform and was beneficial as it allowed an opportunity to continue building strong working relationships and creating a culture to support and enhance the health of the harbour and catchments
· The focus of the Group could be expanded to include the sharing of knowledge and looking at strategy/progressing the work programme for Tauranga Moana.
That the Tauranga Moana Advisory Group:
1 Defers the report, Ngā Potiki Membership Request, to the next meeting of the Tauranga Moana Advisory Group scheduled for 11 December 2020 to allow the iwi/hapū representatives to consider the request and report back to the Tauranga Moana Advisory Group.
Renewal of the non-Scheme Waterway Management Consent Stakeholder Engagement
Presented by BOPRC River and Drainage Asset Management Specialist Hemi Barsdell.
· Renewal of consent 64684 was currently at the pre-notification stage and anticipated to be notified for public submissions later this year
· Consent would apply to all waterways, but would exclude all rivers and drainage maintenance scheme areas
· The consent would primarily be used when Council was approached by landowners and enabled Council to provide for its statutory functions of providing advice around soil conservation, water quality management and natural hazard mitigation
· Work completed under the consent might include removal of vegetation and sediment build-up, bank erosion repairs, removal of small-scale debris and enhancement work to improve ecosystem habitat
· For each work project under the consent, a specific management plan would be prepared prior to work occurring
· In response to feedback received from tangata whenua, staff had included proposed conditions within the consent application form to provide for engagement, particularly with tangata whenua
· The consent was wide-reaching and related to waterways, therefore staff were keen to engage with Iwi/tangata whenua on the process, and welcomed feedback from any groups that would like to be engaged.
Key Points - Members:
· Expressed concern about the volume of consultation feedback required from tangata whenua representatives (“death by engagement”) and iwi/hapū’s capacity to respond effectively to various Territorial Local Authorities requiring input. The current situation was not sustainable
· Suggested that feedback be provided to submitters, advising how their comments had been incorporated/addressed.
National Policy Statement for Freshwater Management - Te Mana o Te Wai
Presented by BOPRC Senior Planer (Water Policy) Reuben Gardiner.
· Key shifts for freshwater policy work
· Te Hononga - possible engagement options
· Kaupapa Māori workstream
· The language had shifted from involvement towards a more collaborative approach with tangata whenua
· Kaupapa Māori provisions effectively meant that we were not merely consulting but working alongside tangata whenua
· Mātauranga Maori had been given emphasis in the National Policy Statement for Freshwater Management (NPSFM) – thus strengthening the involvement of tangata whenua
· Working with tangata whenua around tikanga and protocols to ensure safety and integrity of Mātauranga Māori
· Te Mana o te Wai framework would be integrated through the plans - would start with objectives and vision in RPS, then region wide overarching objective/policies in the Regional Natural Resources Plan (RNRP), then more specific provisions that gave effect to this in RNRP region wide activity chapters and WMA objectives, policies, limits.
Key Points - Members:
· Territorial Local Authorities needed to work together and move as one - not in separate silos
· Possible risks needed to be mitigated proactively
· The management of plan changes should not happen in isolation
· Future conversations on mana whenua would be required
· Councils needed to be brave and challenge central government where required as they had more experience and understood mana whenua.
Inter-Regional Marine Pathways Plan
Presented by BOPRC Senior Projects Officer (Marine & Freshwater) Hamish Lass.
· 2019/20 BOP Charybdis Surveillance (The Asian paddle crab)
o Difficult to catch - in first 18 months only caught 8 Charybdis in Tauranga Harbour, from 1200 traps
o Charybdis numbers in the Tauranga Harbour had grown considerably in the last year
o Ōhiwa Harbour Charybdis represented a further range extension of this species
· Mediterranean fanworm surveillance Tauranga Harbour 2019 -2020
o All fanworm were removed by divers and all vessels where fanworm were detected were cleaned
o Demolition wharf incursion may have occurred due to an in water clean
· Inter-Regional Pathways Plan
o Joint marine pest pathway plan applied within the coastal marine area of all four regions that set a requirement for all craft to meet biofouling hull standards when moving
o Inter-Regional Pathway Pan would help manage the spread of marine pests via working in a consistent manner across the Northland, Auckland, Waikato and Bay of Plenty regions
o The Partnership had been considering how best to manage the inter-regional spread of marine pests. This work had included seeking communities’ feedback on marine pest issues and options via a discussion document in 2019
o Council had agreed that the partnership develop a formal proposal for an inter-regional marine pest pathway plan under the Biosecurity Act 1993.
Whareroa Marae Air Quality Issues Recommendation Update
BOPRC General Manager, Integrated Catchments Chris Ingle provided a verbal update on progress made following a recommendation made to BOPRC and TCC on matters relating to Whareroa Marae air quality issues:
· Both Councils had agreed to take action following Tauranga Moana Advisory Group’s June 19 2020 recommendation for the urgent development of an action plan and the commissioning of an independent, comprehensive report to investigate the potential for instigating a managed retreat of surrounding pollutant industries
· Next steps would be the drafting of an independent report by Paul Beverley, Partner at Buddle Findlay, jointly funded by BOPRC and TCC
· Paul Beverley was scheduled to visit Whareroa marae during the week of 21 September 2020
· Once the draft report had been finalised, Paul Beverley, as a first step would present the report to the Tauranga Moana Advisory Group.
Discussion – Review of the Tauranga Moana Advisory Group meeting format
Chairperson Matemoana McDonald invited members of the Tauranga Moana Advisory Group to share their views relating to the current format of the Group’s meetings and suggestions on the format/agenda/procedures for future meetings:
· In view of the apologies received from Ngāti Ranginui and Ngāti Pūkenga representatives for today’s meeting, their input on this important topic would be required as part of ongoing future discussion on the matter
· It was vital to progress from an Advisory Group format to a co-governance forum/authority and advance constructive mahi
· Past inspections-in-loco/tours of the harbour had been informative; future tours to the catchments area/bush would be useful
· Presentations on the contents of the Te Maru O Kaituna River Document and the Rangitāiki River Forum’s Te Ara Whānui o Rangitāiki/Pathways of the Rangitāiki would be useful/inspirational for the Tauranga Moana Advisory Group as it would provide a practical example of where the Group would be going
· Presentations on the Tauranga Moana Iwi Management Plan 2016-2026 would be valuable
· Should continue with updates on the combined Programme for Tauranga Moana/Dashboard of activities, highlighting the annual work plan projects for BOPRC, TCC and WBOPRC as well as shared projects
· There were a lot of proactive preparations that could be undertaken to prepare for settlement
· Should not wait for legislation/treaty settlement to be finalised, in the interim, mahi should continue
· The gap caused by iwi not having a technical co-ordination support should be considered
· Suggested that, based on the 24 marae located in the Tauranga Moana area, consideration be given that these marae be given an opportunity to provide input/presentations to TMAG on matters relating to the health of the harbour that were important to them. One possibility would be to allow 15 minutes per meeting as part of the public forum on a rotational basis. This would help hapū connect to the forum, without necessarily allowing a permanent seat around the table
· Caution should be taken to ensure that the TMAG not become a dumping ground for general issues; the key focus should remain the harbour and it’s catchments. However, the people of Tauranga Moana remained the most important.
· Staff to take into consideration the above key points raised by members of the Tauranga Moana Advisory Group with regard to the agenda/format of the Group’s future meetings.
11. Rā Hui Whai Ake: 11 December 2020
Next Meeting Date:11 December 2020
A karakia was provided by Charlie Tawhiao.
12:45 pm – the meeting closed.
Chairperson, Tauranga Moana Advisory Group