Te Maru o Kaituna River Authority Rārangi Take
Agenda

 

NOTICE IS GIVEN that the next meeting of Te Maru o Kaituna River Authority will be held in Council Chambers, Western Bay of Plenty District Council, 1484 Cameron Road, Greerton, Tauranga on:

Friday 27 August 2021 COMMENCING AT 9.30 am

 

If Covid-19 Alert Levels are at 3 or 4, this meeting will be held via Zoom only.

Dean Flavell

Chairman, Te Maru o Kaituna River Authority

19 August 2021

 


 

Te Maru o Kaituna River Authority

Membership

Chairperson

To be appointed (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

Erin Thompson (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)

Commissioner Shadrach Rolleston

Commissioner Bill Wasley (Alternate)

Informal Members
Two informal members with voting rights appointed by:

Te Komiti Nui o Ngāti Whakaue

 

Bay of Plenty Regional Council




Maru Tapsell

Manu Pene (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.

 


Te Maru o Kaituna River Authority                                            27 August 2021

Recommendations in reports are not to be construed as policy until adopted.

Rārangi Take
Agenda

1.      Karakia Whakatuwhera
Opening Prayer

2.      Ngā Hōnea
Apologies

3.      Wāhanga Tūmatanui
Public Forum

4.      Ngā Take Tōmuri
Items not on the Agenda

5.      Raupapa o Ngā Take
Order of Business

6.      Whakapuakanga o Ngā Take Whai Taha-Rua
Declaration of Conflicts of Interest

7.      Ngā Take Tūmataiti Hei Whakapuaki Tūmatanui
Public Excluded Business to be Transferred into the Open

8.      Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

8.1      Te Maru o Kaituna River Authority Minutes - 21 May 2021                                                 1

9.      Whakahoutanga Kōrero
Verbal Updates

9.1      Presiding Chairperson's Verbal Report

Verbal update by the presiding Chairperson for this meeting.

10.    Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

10.1    Membership Appointments                         1

10.2    Te Maru o Kaituna River Authority Annual Report and Budget                                      1

Attachment 1 - 2021-08-27 Te Maru o Kaituna River Authority Draft Annual Activity Report 2020 2021 1

Hei Pānui Anake
Information Only

10.3    Otaiparia Reserve Concept Plan and Name Change                                                         1

10.4    Te Puke Wastewater Treatment Plant Reports 2021                                                1

10.5    Update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement                                                    1

11.    Wāhanga Tūmataiti
Public Excluded Section

Resolution to exclude the public

Excludes the public from the following parts of the proceedings of this meeting as set out below:

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Grounds under Section 48(1) for the passing of this resolution

When the item can be released into the public

11.1

Tangata Whenua nominations for the Freshwater Hearings Panel to hear Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

Withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

48(1)(a)(i) Section 7 (2)(a).

To remain in public excluded.

 

Ngā Whakatau e Hiahiatia Ana
Decisions Required

11.1    Tangata Whenua nominations for the Freshwater Hearings Panel to hear Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

Attachment 1 - Combined resumes of potential Tangata Whenua nominees

12.    Ngā Take Tūmataiti Hei Whakapuaki Tūmatanui
Public Excluded Business to be Transferred into the Open

13.    Whakahoki mai i te iwi whānui
Readmit the Public

14.    Ngā Take Tōmuri Hei Whakaaroaro
Consideration of Items not on the Agenda

15.    Karakia Kati
Closing Prayer


Te Maru o Kaituna River Authority Minutes

21 May 2021

 

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing:             Friday 21 May 2021, 10.30 am

Venue:                         Nukuteapiapi Room, Te Arawa Lakes Trust, 1194 Haupapa Street, Rotorua

Heamana

Chairperson:               Dean Flavell (Tapuika Iwi Authority Trust)

Heamana Tuarua

Deputy Chairperson:  Cr Matemoana McDonald (Bay of Plenty Regional Council)

Ngā Kopounga

Members:                    Tapuika Iwi Authority Trust
Geoff Rice (Alternate)

 

Bay of Plenty Regional Council (BOPRC)

Cr Te Taru White (Informal Member)

 

Te Tahuhu o Tawakeheimoa Trust

Nicki Douglas

Erin Thompson (Alternate)

 

Te Pumautanga o Te Arawa

Piki Thomas

Rawiri Kingi (Alternate)

 

Rotorua Lakes Council (RLC)

Nick Chater (Lakes Community Board)

 

Western Bay of Plenty District Council (WBOPDC)

Cr Grant Dally

Deputy Mayor John Scrimgeour (Alternate)

 

Tauranga City Council

Commissioner Shadrach Rolleston

Commissioner Bill Wasley (Alternate)

 

Te Komiti Nui o Ngati Whakaue

Maru Tapsell (Informal Member)

Manu Pene (Alternate Informal Member)

Te Hunga i Tae Ake

In Attendance:            BOPRC: Pim De Monchy - Coastal Catchments Manager; Nassah Rolleston-Steed - Principal Advisor, Policy & Planning; Jo Watts – Senior Planner, Water Policy; Moana Boyd - Senior Planner; Clarke Koopu – Senior Advisor, Treaty; Reuben Gardiner – Senior Planner, Water Policy; Rawiri Bhana – Māori Policy Advisor; Jessica Durham - Committee Advisor.

 

Other: Matt Leighton – Senior Policy Analyst, WBOPDC; Jenny Riini – Te Tatau; Tom Abbott – Beca; Emma Stiven – Beca; Mihaere Kirby - Te Karangi A 3D 2B Ahu Whenua Trust; Elva Conroy – Conroy & Donald Consultants Ltd

Ngā Hōnea

Apologies:                  Cr Jane Nees, Cr Tania Tapsell

1.     Karakia Whakatuwhera/Mihi Whakatau
Opening Prayer and Welcome

A mihi whakatau and opening karakia was provided by Chairperson Dean Flavell.

2.     Ngā Pūrongo
Reports

2.1

Governance Update

Tabled Document 1 - Confirmation of Appointment - Te Tahuhu o Tawakeheimoa Trust: Objective ID A3797586   

Presented by: Jessica Durham

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Governance Update.

2       Confirms the appointments of Commissioners Shadrach Rolleston and Bill Wasley (Alternate) representing Tauranga City Council

3       Confirms the appointments of informal members Maru Tapsell and Manu Pene (Alternate) representing Te Komiti Nui o Ngāti Whakaue.

4       Confirms the appointment of Erin Thompson (Alternate) representing Te Tāhuhu o Tawakeheimoa Trust.

5       Directs each Member of the Authority to complete Attachment 3, Declaration of Interests.

Thomas/Douglas

CARRIED

3.     Ngā Hōnea
Apologies

Resolved

That the Te Maru o Kaituna River Authority:

1       Accepts the apologies from Cr Te Taru White for early departure, and from Cr Jane Nees and Cr Tania Tapsell tendered at the meeting.

Douglas/Chater

CARRIED

4.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

4.1

Te Maru o Kaituna River Authority Minutes - 5 February 2021

Matters Arising

In relation to Minute Item 15.1, NIWA/BOPRC/Te Maru o Kaituna River Authority Collaboration, members received an update on progress of the funding application; which had been successful in the first phase of applications and would be further considered in September 2021.

 

Resolved

That the Te Maru o Kaituna River Authority:

1       Confirms the Te Maru o Kaituna River Authority Minutes - 5 February 2021 as a true and correct record.

McDonald/Flavell

CARRIED

5.     Whakaaturanga
Presentations

5.1

Rotorua Waste Water Treatment Plant 5-year continued spraying Bridging Consent

Presentation: Bridging and Kawenata Process: Objective ID A3801913   

Presented by: Jenny Riini on behalf of Rotorua Lakes Council

 

Key Points:

·    Provided background issues around how and when Rotorua’s wastewater came to be discharged in Whakarewarewa Forest by Rotorua Lakes Council, and the process to identify and evaluate alternative options so far.

·    Explained that the previously preferred alternative of upgrading the Waste Water Treatment Plant (WWTP) and then discharging the treated water to a ‘land treatment bed’ and then into Lake Rotorua was opposed by the local hapū and then by Te Arawa Lakes Trust after lengthy investigations and consultation.

·    The method of applying wastewater to land at Whakarewarewa Forest initially provided good levels of nutrient removal, but over the years this  reduced in effectiveness for various reasons.

·    A bridging consent for five years was deemed necessary to identify and evaluate further alternative options for disposal of the wastewater as well as upgrading the WWTP.

·    Over the five year bridging consent period, consents for necessary upgrades and consideration of alternative options would be pursued in order to find a long-term solution.

·    In recent years, the science on emerging contaminants such as hormones and micro-plastics had grown.

·    Cultural impact assessments should consider the mauri of the wai right the way through from the WWTP through to the receiving land or water, and then down to the moana.

·    Engagement with iwi and hapū would be done in ever-widening circles, beginning with the most affected parties.

·    The Authority requested ongoing progress updates.

 

5.2

Masterplan outcomes developed between Beca and Te Karangi A 3D 2B Ahu Whenua Trust

Presentation: Karangi Masterplan: Objective ID A3801734   

Presented by: Tom Abbott, Emma Stiven, and Mihaere Kirby

 

Key Points:

·    Introduced the background, history, and whakapapa of the block.

·    The Trust’s objectives were to derive income from the block in an ongoing, sustainable, and culturally sensitive manner.

·    The project and investigation began in March 2020 Covid-19 lockdown, undertaking desktop research. 

·    Part of that research led to their discovery of Te Tini a Tuna Kaituna Action Plan (Te Tini a Tuna).

·    After considering risks and hazards in the area, eight options were developed which were further whittled down to a final development plan.

·    Stage 1 of the development would be horticulture and nursery planting.

·    Further stages would be funded from reinvesting income derived from existing stages.

·    Stage 2 would be further horticulture and nursery planting.

·    Stage 3 would be riparian planting in wetland and drain areas.

·    Stage 4 would be the inclusion of a tourism opportunity.

·    The Trust was considering opportunities to feed into achieving Te Tini a Tuna.

·    Members supported the development and ongoing discussion towards achieving Te Tini a Tuna.

 

5.3

Wai Ora funding application for Kaituna Pataka Kai Project

Presentation: Pataka Kai Project: Objective ID A3802157   

Presented by: Elva Conroy

 

Key Points:

·    Outlined background and process in developing Te Tini a Tuna.

·    The Pataka Kai project gave action to Te Tini a Tuna.

·    Pataka Kai increased and enhanced kai awa habitats, and enabled hapū and iwi to demonstrate kaitiakitanga.

·    The project was within stage 1, which incorporated identifying where kai awa are, where they used to be, and prioritised efforts.

·    Stage 1 objectives would research species, develop a monitoring plan, create a baseline, engage and connect hapū and iwi to the project, and prioritise restoration efforts.

·    Ms Conroy was exploring funding for the project team from various mechanisms and entities on behalf of the Authority.

·    Timeframes were subject to funding.

·    The Authority would assist with seeking funding where possible.

12:00pm – Cr Te Taru White withdrew from the meeting.

6.     Ngā Pūrongo
Reports Continued

6.1

Updates from Members

Chairperson’s Update
Presented by: Chairperson Dean Flavell

Key Points:

·    Highlighted a request from the Ministry for the Environment (MFE) to hold a hui with iwi members via Zoom regarding the Freshwater Implementation Programme.

 

Western Bay of Plenty District Council Update
Presented by: Cr Grant Dally and Matt Leighton

Key Points:

·    Ongoing engagement was taking place with tangata whenua and KiwiRail regarding cycleways.

·    Work was underway on the Ford Road reserve, with a concept plan having been developed.

·    Investigations were in progress into funding marae wastewater reticulation upgrades.

12:07pm – Nick Chater withdrew from the meeting.

 

Te Tahuhu o Tawakeheimoa Trust Update
Presented by: Nicki Douglas

Key Points:

·    Working with WBOPDC on scoping and prioritising $50k of funding for
Te Tini a Tuna.

 

Tauranga City Council
Presented by: Commissioner Shadrach Rolleston

Key Points:

·    Commissioners were appointed in February 2021 and were focussed on ensuring TCC’s LTP provided for infrastructure and urban development.

·    Working closely with WBOPDC and BOPRC.

·    Providing for communities and ensuring ongoing provision of services.

 

Bay of Plenty Regional Council
Presented by: Pim De Monchy

Key Points:

·    Pursuing best practice management of assets, including fencing all lowland drains and waterways, which would contribute to Te Tini a Tuna.

·    Scoping Ford Road Pump Station upgrade. The preferred option of relocating the pump station upstream would reduce the percentage of the drain discharge entering Te Awa o Ngatoroirangi / Maketū Estuary from about 86% to about 29%, thereby decreasing the ecological and cultural effects (the rest of the discharge would flow out to sea at Te Tumu Cut).

·    Flow levels, surface water, and aquifer recharge was at low levels, with the Kaituna River sitting at its lowest flow since continuous records began in 1986 for much of the past two years.

·    Funding sought within the Long Term Plan for driving and enacting relevant BOPRC-led kaupapa identified in Te Tini a Tuna. This would be confirmed or amended by 30 June.

 

Items for Staff Follow Up:

·    Brief TCC commissioners on the Authority’s purpose and Te Tini a Tuna.

·    Authority workshop to be held to discuss impacts of RMA reforms and Three Waters, consequent strategic planning, Treaty settlement implications, and to receive advice from MFE on the same matters.

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Update from Members.

Douglas/Rolleston

CARRIED

 

6.2

Operations Update

Presented by: Pim De Monchy

Key Points:

·    The Kaituna Mole Upgrade would require closure of the mole from June 2021, looking to reopen by Labour Weekend in late October 2021.

·    Te Arawa Management Ltd and Otama Marere Trust were pursuing best practice farm management, creating wetlands and planting kauri. Homman Tapsell from Otama Marere invited the Authority on-site to see the work if they were interested.

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Operations Update.

Thomas/McDonald

CARRIED

Ngā Whakatau e Hiahiatia Ana
Decisions Required

6.3

Implementing the National Policy Statement for Freshwater Management

Presentation: Implementing the NPSFM: Objective ID A3801749   

Presented by: Jo Watts and Reuben Gardiner

Key Points:

·    Updated progress on BOPRC’s Essential Freshwater Policy Programme.

·    Sought input from the Authority on engagement methods.

·    Considering ways to engage with tangata whenua meaningfully, particularly given implementation timeframes.

·    Iwi were at different capability and capacity levels, and required different support and engagement mechanisms.

·    BOPRC sought to work with whatever best suited iwi and make engagement as accessible as possible.

Key Points – Members:

·    Extend invites and seek nominations for paid roles on the technical roopu (being established by BOPRC’s water policy team) from interested members, while acknowledging that this could be quite a lot of work.

·    Keep engagement with Te Maru o Kaituna River Authority as a whole at the governance level, with a particular focus on ensuring that “Kaituna, He Taonga Tuku Iho” and “Te Tini a Tuna” are front and centre in the Kaituna-specific provisions of any plan change for the NPSFM.

·    Encouraged BOPRC to engage with iwi, hapū and land trusts within the catchment for their specific feedback.

·    Encouragement from some members for staff to look at Treaty Settlement legislation for guidance.

 

Items for Staff Follow Up:

·    Authority workshop to be held to further understand the Authority’s role, separating out governance functions, and discuss engagement options, including any groups that could be established through which to engage with tangata whenua.

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report Implementing the National Policy Statement for Freshwater Management.

2       Considers how and to what extent TMoK wish to be involved in implementing the NPSFM for the Kaituna River and its tributaries.

3       Considers how the implementation of the NPSFM 2020 will recognise and provide for the vision, objectives and desired outcomes in Kaituna, he taonga tuku iho – the Kaituna River Document.

Flavell/Douglas

CARRIED

1:22pm - Erin Thompson withdrew from the meeting.

Hei Pānui Anake
Information Only

6.4

Update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

Presentation: Freshwater Planning Process: Objective ID A3802280   

Presented by: Moana Boyd and Nassah Rolleston-Steed

Key Points:

·    Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement (PC5) would be following the new Freshwater Planning Process.

·    Outlined the process and limitations on rights of appeal.

·    Freshwater hearing panel appointments are made by the Chief Freshwater Commissioner and will include a tangata whenua member.

·    Nominees must have an MFE Making Good Decisions certification.

·    Reiterated the importance of making a submission in order to be involved  and influence ongoing discussions and decisions surrounding PC5.

·    The panel would look to resolve areas of dispute prior to the hearing phase.

·    The tangata whenua nominee would be nominated by tangata whenua and, via BOPRC be, passed onto the Chief Commissioner.

·    The Authority would need to endorse a nominee at the next Authority meeting on Friday, 27 August 2021.

1:38pm - Erin Thompson entered the meeting.

·    Members could submit individually as well as the Authority as a whole.

·    Individual submissions would allow submitters autonomy of opinion on matters.

 

Items for Staff Follow Up:

·    Provide a list of potential tangata whenua MFE certified commissioners.

 

Resolved

That Te Maru o Kaituna River Authority:

1       Receives the report, Update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement.

2       Delegates authority to Chairperson Dean Flavell to lodge a submission on behalf of Te Maru o Kaituna River Authority with input and agreement from members via email.

Flavell/Douglas

CARRIED

7.     Karakia Kati
Closing Karakia

A closing karakia was provided by Piki Thomas.

1:44pm – the meeting closed.

 

 

Confirmed                                                                                               

                                                                                                 Dean Flavell

Chairperson, Te Maru o Kaituna River Authority


 

 

 

Pūrongo Ki:
Report To:

Te Maru o Kaituna River Authority

Rā Hui:
Meeting Date:

27 August 2021

Kaituhi Pūrongo:
Report Writer:

Tone Nerdrum Smith, Committee Advisor

Kaiwhakamana Pūrongo:
Report Authoriser:

Pim De Monchy, Coastal Catchments Manager

Kaupapa:
Purpose:

To appoint/re-appoint Members and the Chairperson

 

 

Membership Appointments

 

Whakarāpopototanga
Executive Summary

This report summarises legislative requirements under the Local Government Act (2002) (LGA) and the Tapuika Claims Settlement Act (2014) (the Settlement Act) regarding Te Maru o Kaituna River Authority (the Authority) and the appointments of Members and the Chairperson.

Confirmation has been sought from Tapuika Iwi Authority regarding its appointments to the Authority. If not received by the time of the meeting, this report will be deferred to the next meeting of the River Authority.

 

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1       Receives the report, Membership Appointments;

2       Confirms the appointment of ………………. representing Tapuika Iwi Authority Trust;

3       Selects System B voting system for appointing a Chairperson;

4       Appoints ………………………………………. as Chairperson of the Authority for a term of three years pursuant to the Act.

 

1.      He Whakamārama
Background

There are appointments and administrative matters that require decision by the Authority as set out by the Local Government Act 2002 and the Settlement Act.

2.      Membership Appointments

Membership appointments to the Authority as defined in the Settlement Act are for a term of three years, and Members may be reappointed.  Appointments made at today’s meeting will be due for review at the third meeting of 2024. 

Advice on the appointment by Tapuika Iwi Authority has been sought, but not yet received. If received by the time of the meeting, it will be tabled on the day. If no confirmation has been received, this report will be deferred to the next meeting of the Authority.

Deputy Chairperson, Cr Matemoana McDonald, will then be required to Chair the meeting until the Chairperson can be appointed.

2.1      Te Pumautanga o Te Arawa Trust

Piki Thomas and Rawiri Kingi (Alternate) due last meeting of 2021.

2.2      Tapuika Iwi Authority Trust

Geoff Rice (Alternate) due first meeting of 2022.

2.3      Te Tāhuhu o Tawakeheimoa Trust

Nicki Douglas due first meeting of 2023 and Erin Thompson (Alternate) due second meeting of 2024.

2.4      Territorial Authorities (BOPRC, RLC, WBOPDC, TCC)

Appointed at the beginning of each triennium, due first meeting of 2023.

2.5      Informal Appointments by Te Komiti Nui o Ngāti Whakaue

Maru Tapsell and Manu Pene (Alternate) due second meeting of 2024.

2.6      Tapuika Iwi Authority Trust and Te Kapu o Waitaha

Remains vacant.

3.      Appointment of Chair

Chairman Dean Flavell’s term as Chairperson of the Authority has lapsed.  Chairperson appointments to the Authority are for a term of three years, and Chairpersons may be reappointed.

Below are the recommended voting systems, steps, and ground rules to be used when appointing a Chairperson as identified in the Schedule 7 of the LGA and Schedule 5 of the Settlement Act.

3.1      Voting Systems

When electing a Chairperson, the Authority must resolve to use a voting system set out under the LGA. There are two systems to choose between:

System A

(a) Requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) Has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B

(a) Requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) Has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Staff recommend the Authority uses System B as the voting system. 

3.2      The voting process steps

1.      The Chairperson vacates the Chair, and the Deputy Chairperson assumes the Chair.

2.      The Authority resolves to adopt a voting system and the procedure in the event of a tie.

3.      Nominations for Chairperson are called for (nominated and seconded).

4.      Nominees may be allowed up to 10 minutes to make a presentation.

5.      Voting for the election of the Chairperson as per agreed system.

6.      Chairperson declared elected and assumes the Chair.

3.3      Ground rules

1.     A member may nominate or second themselves.

2.     Any member can call for a Division.

3.     Standing Orders apply – Divisions will be carried out with names called in random order.

4.     Any member can abstain from voting.

4.      Ngā Whakaarohanga
Considerations

4.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

4.2      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.

4.3      Ngā Pānga ki te Māori
Implications for Māori

There are no significant implications for Māori with this matter, although the longer the vacancy in the seat to be jointly appointed by Tapuika Iwi Authority and Te Kapu o Waitaha persists, the greater the risk of disengagement by Waitaha may grow. Resolution of this matter lies with the two iwi involved.

4.4      Whakawhitiwhiti ā-Hapori
Community Engagement

 

Engagement with the community is not required as the recommended decisions relate to administrative matters only.

 

4.5      Ngā Pānga ā-Pūtea
Financial Implications

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

5.      Ngā Mahi Whai Ake
Next Steps

There will be ongoing Governance Update reports and appointment reviews as they fall due.

  


 

 

 

Pūrongo Ki:
Report To:

Te Maru o Kaituna River Authority

Rā Hui:
Meeting Date:

27 August 2021

Kaituhi Pūrongo:
Report Writer:

Pim De Monchy, Coastal Catchments Manager

Kaiwhakamana Pūrongo:
Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Kaupapa:
Purpose:

To report the Authority’s 2020/2021 financial position and propose the Authority’s 2021/2022 budget.

 

 

Te Maru o Kaituna River Authority Annual Report and Budget

 

Whakarāpopototanga
Executive Summary

This report summarises the financial position of Te Maru o Kaituna River Authority (the Authority), provides a draft Annual Report for the 2020/21 year, and presents a draft 2021/22 Annual Budget for consideration.

 

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1       Receives the report, Te Maru o Kaituna River Authority Annual Report and Budget;

2       Adopts the attached 2020/21 Annual Report, while noting that better status reporting focussed on Te Tini a Tuna’s implementation will be available from this year;

3       Notes the current balance set out in the Te Maru o Kaituna River Authority Statement of Financial Position;

4       Adopts the Annual Budget for 2021/22 to achieve its priorities, while considering the role of the new Secretariat.

 

1.      He Whakamārama
Background

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 River Document.

The purpose of the funds is set out in the Tapuika Claims Settlement Act as follows:

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 (BOPRC) is responsible for the administrative support of the Authority and must hold account separately and spend the funds as directed by the Authority.

BOPRC must complete an annual report each year ending 30 June for the preceding 12 months, describing the Authority’s activities and explaining the relevance of the activities to the Authority’s purpose and functions, this is said report.

 

2.      2020/21 Annual Report

2.1      Financial Report – 1 July 2020 – 30 June 2021

Te Maru o Kaituna River Authority Funds

Opening Bank Balance – as at 1 July 2020

$187,985.76

Plus receipts

Interest Credit

 $3,373.97

$3,373.97

Less expenditure

Marshall Planning; Policy and Planning Services

-$1,500.00

-$1,500.00

    

Closing Bank Balance – as at 30 June 2021

$189,859.73

For the period 1 July 2020 until 30 June 2021, the Authority made a profit after expenses of $1,873.97 from the accrual of interest.

2.2      Activity Report

The Authority had a relatively quiet year. Actions are summarised in the attached Annual Report.

3.      2021/22 Annual Budget

Noting the funds available, the Authority may wish to identify actions during 2021/22 that require funding, and then approve a budget for the year to achieve them. For example, the items listed in Table 1 below. However, there is the potential for overlap with the role of the ‘Co-governance Secretariat’ funded by Bay of Plenty Regional Council through its Long Term Plan 2021-31, whose scope has not been finalised (but includes providing independent support to the work of Rangitāiki River Forum and Te Maru o Kaituna River Authority).

Table 1: Potential budget items for consideration by TMoK

Item

Potential cost

Secretariat role?

Involvement in hearings process for Change 5 to the Regional Policy Statement

$10,000

?

Involvement in hearings process for resource consents such as AFFCO that TMoK has submitted on

$5,000

?

Implementation of Project 3: Consented takes and discharges

$5,000

?

Implementation of Project 9: Pataka Kai (noting co-funding available)

$5,000

?

Implementation of Project 10: Community Connection

$5,000

?

Implementation of Project 13: Kaituna Cultural and Historic Heritage

$5,000

?

Implementation of other projects in Te Tini a Tuna

$0

?

Other?

$0

?

Total

$35,000

 

Note that costs borne by member organisations in their work to support the Authority are not included in this budget as they are expected to lie where they fall.

4.      Ngā Whakaarohanga
Considerations

4.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

4.2      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.

4.3      Ngā Pānga ki te Māori
Implications for Māori

There are positive significant implications for Māori associated with this matter, as it gives effect to a co-governance entity’s action plan arising out of a treaty settlement.

4.4      Whakawhitiwhiti ā-Hapori
Community Engagement

 

Engagement with the community is not required as the recommended decisions relate to administrative matters only.

 

4.5      Ngā Pānga ā-Pūtea
Financial Implications

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

5.      Ngā Mahi Whai Ake
Next Steps

The next annual report and budget will be completed following the June 2022 year-end and presented to the Authority.

Tuhinga Tautoko
Attachments

Attachment 1 - 2021-08-27 Te Maru o Kaituna River Authority Draft Annual Activity Report 2020 2021   


Te Maru o Kaituna River Authority                                27 August 2021

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Te Maru o Kaituna River Authority                                27 August 2021

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Te Maru o Kaituna River Authority                                27 August 2021

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Pūrongo Ki:
Report To:

Te Maru o Kaituna River Authority

Rā Hui:
Meeting Date:

27 August 2021

Kaituhi Pūrongo:
Report Writer:

Moana Boyd, Senior Planner (RIN)

Kaiwhakamana Pūrongo:
Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Nassah Rolleston-Steed, Principal Advisor, Policy & Planning

Kaupapa:
Purpose:

To provide a preliminary overview of matters raised in submissions to Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

 

 

Update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

 

Whakarāpopototanga
Executive Summary

Proposed Change 5 (Kaituna River) (Proposed Change 5) to the Bay of Plenty Regional Policy Statement (RPS) seeks to fulfil Council’s statutory obligation to recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document – Kaituna He Taonga Tuku Iho.

Proposed Change 5 was publicly notified on Tuesday 29th of June 2021 in accord with Schedule 1 of the Resource Management Act 1991 (RMA). Submissions closed on Tuesday 10th of August 2021. A total of fifteen submissions have been received of these fourteen submissions were within time.

Submissions lodged generally support the intent of Proposed Change 5 but this support (and at times opposition) is subject to a range of amendments on every provision: Kaituna River background, issues, objectives, policies, methods, explanations and monitoring.  This report provides a preliminary overview of matters raised in submissions on Proposed Change 5.

 

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1.        Receives the report, Update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement.

 

1.     He Whakamārama
Background

The approval of Proposed Change 5 for public notification on 1 April 2021 followed a process which involved reporting to and workshopping with Te Maru o Kaituna River Authority (TMoK) members and the Strategy and Policy Committee (and its predecessor Regional Direction and Delivery Committee).

Proposed Change 5 as notified on 29 June 2021 incorporates amendments in response to comments received by 12 parties on Draft Change 5 (Kaituna River) (Draft Change 5) to the RPS. Draft Change 5 was open for comments from 18 August to 16 October 2020.

The policy framework for Proposed Change 5 relates to freshwater so it must follow the new Freshwater Planning Process (FPP). The FPP was introduced through the Resource Management Amendment Act 2020. Staff provided an overview of the FPP to TMoK on 21 May 2021 as part of an Update on Proposed Change 5 report (Item 9.4).

1.1      Legislative Framework

Proposed Change 5 seeks to fulfil Regional Council’s responsibilities under the Tapuika Claims Settlement Act 2014 which requires the RPS to recognise and provide for the vision, objectives and desired outcomes of ‘Kaituna He Taonga Tuku Iho – a treasure handed down’ (the Kaituna River Document). Section 123(4) of the Tapuika Act contains two conditions to this obligation being:

1.   They apply only to the extent that the contents relate to the resource management issues of the region; and

 

2.   Recognising and providing for these is the most appropriate way to achieve the purpose of the RMA in relation to the Kaituna River.

Proposed Change 5 introduces a new Kaituna River section into the Treaty Co-Governance section 2.12 of the RPS along with associated monitoring provisions (in section 4.2) and two new definitions (Appendix A). It includes:

·     6 significant resource management issues for the Kaituna River

·     7 Kaituna River objectives (supported by monitoring provisions)

·     9 Kaituna River policies

·     6 Kaituna River methods of implementation

·     Expansion of 5 existing Rangitāiki River methods to also apply to the Kaituna River and;

·     2 new RPS definitions.

2.      National Policy Statement for Freshwater Management

The National Policy Statement for Freshwater Management (NPS-FM) 2020 came into effect on 3 September 2020. The NPS-FM 2020 requires a specific process for engagement and development of the RPS and regional plan changes to give effect to its directions.  Proposed Change 5 does not seek to implement the NPS-FM 2020. The primary purpose of Proposed Change 5 is to recognise and provide for the Kaituna River Document in accordance with Tapuika Claims Settlement Act 2014.    

3.      Submissions

3.1      Submitters and receipt of submissions

Proposed Change 5 was publically notified for submissions on 29 June 2021. Submissions closed on 10 August 2021. A total of 15 submissions were received, including 1 submission which was received after the close of submission period.

Submitters:

1              Department of Conservation

2              Eastland Generation Limited

3              Carrus Corporation Limited

4              Western Bay of Plenty District Council

5              Heritage New Zealand Pouhere Taonga

6              AFFCO New Zealand Limited, Rangiuru Plant

7              Te Tumu Landowners Group

8              Horticulture New Zealand

9              The Proprietors of Taheke 8C & Adjoining Blocks Incorporation (Taheke 8C)

10           Z Energy Limited & BP Oil New Zealand Limited

11           Tauranga City Council

12           Te Arawa Lakes Trust

13           Bay of Plenty Federated Farmers and Rotorua/Taupō Federated Farmers

14           Royal Forest and Bird Protection Society of NZ (Forest & Bird)

Late submissions

15          Te Maru o Kaituna River Authority (received on 13 August 2021)

Eight of the above submitters had previously provided comments on Draft Change 5 (submitters 2, 4, 7, 8, 9, 11, 13 and 14) and there are three submissions from organisations who represent tangata whenua interests: Taheke 8C, Te Arawa Lakes Trust and TMoK.

Note: The Freshwater Hearings Panel (FHP) once appointed by the Chief Freshwater Commissioner will[1] make the decision to accept or reject late submissions.

3.2      Initial overview of matters raised in submissions

There are five submissions which support Proposed Change 5 being retained as notified[2]. The remaining submissions generally support the intent of Proposed Change 5 but this support (and at times opposition) is subject to a range of amendments on every provision.  These are some of the issues staff identified in a preliminary review of submissions seeking amendments:

-     Alignment with the NPS-FM 2020 and Te Mana o te Wai including more emphasis on the well-being of the Kaituna River (a range of submission points on this).

-     Alignment between the Kaituna River Document with Proposed Change 5.

-     Enhance recognition of and/or refer to the impact of: urban growth areas (Te Tumu and Rangiuru), recreational use, rural and land intensification, economic development, climate change, farming, rural production activities and farm management plans.

-     Consistency with existing RPS provisions for example urban growth provisions.

-     Water quality, water quantity, sustainable allocation (or use) of water and, recognise differences between the upper and lower catchments for example in terms of water allocation.

-     Protection of drinking water supplies, safe drinking sources with, more emphasis on health.

-     Mātauranga Māori to inform resource management decision making.

-     Provide definitions for: ‘tangata whenua’ (so inclusive of whānau, Māori and mana whenua), ‘wider communities’ (who does this include) and, the Kaituna River (consistent with the Tapuika Claims Settlement Act).

-     Clarify why and how groundwater is included in Proposed Change 5.

-     Support development of multiple owned Māori Land.

-     Access (including the control of this) and recreational use is not always suitable along the Kaituna River.

-     Removal of structures and who pays for this.

-     Identification of safe recreational contact locations.

-     Should consult on and classify sites for drinking water, kai awa, bathing and cultural ceremonies…

-     ‘Best management practice’ should clarify the outcomes that are being sought, define what this is and, amend to ‘good management practice’.

-     A range of submissions on enabling economic development/employment for iwi and hapū to support cultural connections (including opposition to this).

-     Generally supportive of a collaborative approach to restore, protect and enhance the Kaituna River but this should also include industry groups and Māori land holdings.

4.      Ngā Whakaarohanga
Considerations

4.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with Proposed Change 5. As reported previously, staff have as part of the notification process sought to mitigate a potential risk to ensure that tangata whenua, the community and stakeholders in the Kaituna River catchment are aware that Proposed Change 5 does not seek to fully implement the NPS-FM.

Notification material advised that: the purpose of Proposed Change 5 is to fulfil requirements under Treaty legislation which is separate from the overarching Essential Freshwater Policy Programme for NPS-FM implementation.

4.2      Huringa Āhuarangi
Climate Change

Proposed Change 5 seeks to recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document.  The Kaituna River Document lists as a key issue to respond to ‘pressure on the Kaituna River due to land use intensification, urban growth and climate change’. In addition, existing RPS provisions, will continue to apply to the Kaituna River catchment including RPS Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’. 

Staff note that there are submission points for Proposed Change 5 which request more emphasis on climate change.

4.3      Ngā Pānga ki te Māori
Implications for Māori

Proposed Change 5 is the second RPS Treaty co-governance change. It has significant implications for Tapuika Iwi in particular as it relates to their Treaty settlement legislation and strategic cultural aspirations. It also has cultural significance to other Te Maru o Kaituna River Authority Iwi and tangata whenua. 

Kaituna is considered a tupuna and is revered as a living entity. Statutory acknowledgements exist along the Kaituna River and its tributaries that recognise the mana of Waitaha, Tapuika and Ngāti Rangiwewehi Iwi and particularly the cultural, spiritual, historical and traditional associations they have with these specified areas. There are also numerous sites of significance to tangata whenua within and adjacent the Kaituna River and its tributaries many of which are described in rich detail in iwi and hapū resource management plans and the aforementioned statutory acknowledgements.

4.4      Whakawhitiwhiti ā-Hapori
Community Engagement

Informal consultation and engagement occurred prior to the formal RMA Schedule 1 process commencing. This was carried out in accordance with the Communications and Engagement Plan, November 2019.  Moving forward only submitters have rights to be involved in the formal FPP and Schedule 1 process.  Further, only certain persons can make further submissions. 

Proposed Change 5 and the submission process were publicised on Regional Council’s Proposed Change 5 (Kaituna River) and Participate webpages. It was also referred to on the Our plans - Te Maru o Kaituna River Authority webpage. 

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

Proposed Change 5 directly contributes to a Healthy Environment, Freshwater for Life, a Vibrant Region and The Way We Work Community Outcomes in the Council’s Long Term Plan 2018 – 2028.

4.6      Ngā Pānga ā-Pūtea
Financial Implications

The cost of developing Proposed Change 5 is budgeted in the Long Term Plan 2018 – 2028. Future costs will relate to public notification of further submissions and on-going training for staff to implement the ePlan and associated submissions management software.  The other significant cost for Proposed Change 5 will relate to the Freshwater Hearings Panel (FHP) because regional councils are responsible for all costs incurred including remuneration and expenses of FHP members, any experts or mediators engaged by the panel, administrative costs for holding the hearing etc.

5.      Ngā Mahi Whai Ake
Next Steps

Staff will review the submissions and prepare a ‘summary of decisions requested on submissions’. This will be notified with a call for further submissions in October 2021. 

Council must provide the CFC with council and tangata whenua FHP nominations by late November 2021. Then, within 20 working days Council must provide the CFC with ‘required documents’ (no more than 6 months after public notification, by 28 December 2021).

After receiving the ‘required documents’ and nominations the CFC must convene a FHP ‘as soon as practicable’.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



[1] RMA Schedule 1, Clause 40 (3)

[2] Submissions in support of Proposed Change 5 provisions as notified are: Department of Conservation, Z Energy Limited & BP Oil New Zealand Ltd, Heritage New Zealand, Te Arawa Lakes Trust and TMoK.