Agenda of Monitoring and Operations Committee

Monitoring and Operations Committee 7 September 2021

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

Agenda

1. Apologies

2. Public Forum

3. Items not on the Agenda

4. Order of Business

5. Declaration of Conflicts of Interest

6. Public Excluded Business to be Transferred into the Open

7. Minutes

Minutes to be Confirmed

7.1 Monitoring and Operations Committee Minutes - 8 June 2021 1

8. Presentations

8.1 Fish Passage Barrier Remediation Work in the Bay of Plenty Region

Presented by: Kelly Hughes, ATS Environmental

9. Reports

9.1 Chairperson's Report 1

Attachment 1 - Letter to consent holders - Essential information for dairy farmers 1

Attachment 2 - LTP Submission Points - Monitoring and Operations Committee 1

Attachment 3 - Monitoring and Operations Work Programme 2021-22 1

Decisions Required

9.2 Operational Plan Annual Report 2020-21 and 2021-22 Operational Plan for the Regional Pest Management Plan 1

Supporting Document 1 - Regional Pest Management Plan Operational Plan 2021/22 - Draft

Supporting Document 2 - Regional Pest Management Plan Operational Plan - Annual Report 2020-2021 - Draft

Information Only

9.3 Mount Maunganui Industrial Airshed Update 1

Attachment 1 - Mount Maunganui Airshed PM10 exceedances at August 2021 1

Attachment 2 - Letter to Jo Gascoigne Ministry for the Environment re membership of the Mount Maunganui Air Quality Working Party - 14 June 2021 1

Attachment 3 - Mount Maunganui Air Quality Working Party Key Actions 1

Attachment 4 - Mount Industrial media report Comms and Media 13 May - 13 August 2021 1

9.4 Consents Annual Report 1

9.5 Climate Change Programme Reporting 1

9.6 Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2021 Annual Review 1

Attachment 1 - Hapu/Iwi Resource Management Plans (HIMP) 1

Attachment 2 - Table of completed Rivers and Drainage Operations Works 1

Attachment 3 - Rivers and Drainage Operations Complaints Register 1

9.7 Rivers and Drainage, Operational and Capital Works 2020-21 1

10. 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
10.1	Public Excluded Monitoring and Operations Committee Minutes - 8 June 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	Rotoiti/Rotomā Sewerage Reticulation Scheme Project Background and Update	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.	48(1)(a)(i) Section 7 (2)(c)(i).	On the Chief Executive's approval.

Minutes to be Confirmed

10.2 Public Excluded Monitoring and Operations Committee Minutes - 8 June 2021

Decisions Required

10.1 Rotoiti/Rotomā Sewerage Reticulation Scheme Project Background and Update

Attachment 1 - Rotoiti Rotomā Sewerage Reticulation Scheme Project Status and Background - Public Excluded

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

Monitoring and Operations Committee Minutes

8 June 2021

Monitoring and Operations Committee

Open Minutes

Commencing: Tuesday 8 June 2021, 9.30 am

Venue: Mataatua Room, Bay of Plenty Regional Council, 5 Quay Street, Whakatāne

Chairperson: Cr Kevin Winters

Deputy Chairperson: Cr Norm Bruning

Members: Cr Bill Clark

Cr Stuart Crosby

Chairman Doug Leeder

Cr Matemoana McDonald

Cr Jane Nees

Cr Stacey Rose

Cr Andrew von Dadelszen

Cr Te Taru White

Via Zoom - Cr Paula Thompson and Cr David Love

In Attendance: Sarah Omundsen – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments, Helen Creagh – Rotorua Catchments Manager, Rosemary Cross – Senior Projects Manager Rotorua Catchments, Reece Irving - Senior Regulatory Project Officer, Stephen Mellor – Compliance Manager Urban, Industry & Response, Rita Martin - Senior Regulatory Compliance Officer, Pim de Monchy – Coastal Catchments Manager, Jackson Efford – Principal Advisor, Land and Water, Kendall Smith and Hayden Schick - Land Management Officers, Abby Tozer – Communications Partner, Shari Kameta – Committee Advisor

Apologies: Cr Toi Kai Rākau Iti

Cr Lyall Thurston

Cr Stacey Rose – lateness

The Committee Chair advised that the public section of the meeting was being recorded and would be made available on Bay of Plenty Regional Council’s website – refer to following link https://www.youtube.com/watch?v=v5aUYlUsx58.

1. Apologies

Resolved

That the Monitoring and Operations Committee:

1 Accepts the apologies from Cr Toi Kai Rākau Iti, Cr Lyall Thurston and Cr Stacey Rose (for lateness) tendered at the meeting.

von Dadelszen/Nees

CARRIED

2. Items not on the Agenda

Post-meeting note: An information only update on ‘Dune erosion at Waihi Beach’ was raised and discussed at the end of the agenda.

3. Declaration of Conflicts of Interest

None declared.

4. Minutes

Minutes to be Confirmed

4.1

Monitoring and Operations Committee Minutes - 9 March 2021

Resolved

That the Monitoring and Operations Committee:

1 Confirms the Monitoring and Operations Committee Minutes - 9 March 2021 as a true and correct record.

Crosby/Bruning

CARRIED

5. Reports

5.1

Chairperson's Report

Presented by: Sarah Omundsen and Chair Kevin Winters

Key Points:

· Water shortage concerns remained as dry weather events were expected to continue. The Chief Executive had delegation to make decisions on water shortage directions to the end of June 2021 and a new revised SOP would be reported to the committee in August.

· In regard to the Genera consent, no commissioners or a date for the hearing had been confirmed.

Key Points - Members:

· Commented on the good progress made on Marae OSET.

· Congratulated Tauranga City Council and the Western Bay of Plenty District Council for their work to connect marae to sewerage reticulation systems was commendable and a great step forward.

· Hoped that the city and district councils were aware of the Government’s $3.8M stimulus funding for housing and potential opportunities for papakāinga.

Items for Staff Follow Up:

· Requested a presentation from Kelly Hughes (ATS Environmental) on fish passage barriers at the next Monitoring & Operations Committee meeting.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

Winters/von Dadelszen

CARRIED

Information Only

5.2

Mount Maunganui Industrial Airshed Update

Presented by: Reece Irving, Stephen Mellor and Rita Martin

In Response to Questions:

· Confirmed that progress was being made within the industry sector to self-investigate and get their operations in order.

Key Points - Members:

· Regarding the Mount Maunganui Air Quality Working Group, noted the benefit of industry leaders’ involvement, however considered that achieving the solutions desired by all parties would be a lengthy process.

· The Chair concurred noting similar experience of the Rotorua Air Quality Working Party.

9:41 am – Cr Stacey Rose entered the meeting.

· Acknowledged the changes being made by Ballance Agri-Nutrients Ltd to improve air quality issues following a site visit.

· Highlighted the need for Council to maintain due care and impartiality regarding the investigation into managed retreat.

In Response to Questions - Staff:

· Black dust in the Mount Maunganui area was a result of an accumulation of natural dust, industrial emissions and vehicle emissions. A meeting with local MP Simon Bridges was due to be held in regard to this issue.

· A voluntary agreement was in place for incoming ships to burn lighter diesel fuel while in Port. A parliamentary process to change this to a mandatory requirement was still to be made.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Mount Maunganui Industrial Airshed Update.

White/McDonald

CARRIED

5.3

Rotorua Catchments Update

Presentation - Rotorua Catchments - Photo Competition Slideshow: Objective ID A3828712

Presentation - East Rotoiti Wastewater Treatment Scheme: Objective ID A3828719

Presented by: Helen Creagh and Rosemary Cross

Ms Creagh provided a presentation on the Lake Rotoiti Wastewater Treatment Plant and a slideshow of the Rotorua Catchment photo competition finalists.

In Response to Questions:

· Regarding recent damage caused to the Ōkāreka pipeline construction, Contractors were working to stabilise sediment which had flowed into the Waitangi Stream and Lake Rotorua and keeping all affected parties informed, with remediation and the project still on track for completion.

· Lake Rotoiti/Rotomā Wastewater Treatment Plant (WWTP) was fully operational, with the Lake Rotoiti East scheme still pending.

· Discussed the implications of not achieving the 435t nitrogen reduction target in the Regional Policy Statement.

· The $10 million being sought by Rotorua Lakes Council (RLC) from the Minister for the Environment for Lake Rotoiti reticulation was in addition to RLC’s existing Deed funding. If the Minister declined to fund this shortfall, the Rotorua Te Arawa Lakes Strategy Group (RTALSG) had agreed to review the remaining allocation of Council’s share of Deed funding.

· Broad reasons for the cost overruns had been reported to the RTALSG.

· Three Waters implications had been investigated by staff.

· No timeframe had been indicated for the Minister’s decision.

Key Points - Members:

· Highlighted the positive aspects and opportunities that the Rotoiti sewerage scheme would provide for future papakāinga development.

· Raised concern on the cost escalations of the Rotoiti scheme and the need for accountability for cost increases and whether oversight by Regional Council is needed.

· Potential impacts in relation to the Three Waters reform, asset liability, debt repayment and further subsidising of the scheme were also raised.

· The resolution made by RTALSG was to support RLC’s request to the Minister as the best option identified to finish the scheme. If the request was unsuccessful, a two-step process would be required to seek Council’s approval to vary the Deed funding.

10:27 am – Chairman Leeder exited the meeting.

In Response to Questions:

· No payment was being made for the Freshwater Chair’s position while it was vacant, with excess funding going to the equalisation reserve at the end of June.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Rotorua Catchments Update.

2 Requests a full detailed report from the Rotorua Lakes Council outlining the cost escalations on the Lake Rotoiti/Rotomā sewerage scheme.

White/Bruning

CARRIED

5.4

Land Management Focus Catchment Update: Waitao (Kaiate Falls) and Upper Rangitāiki

Presentation - Focus Catchments Update: Objective ID A3829181

Presented by: Pim de Monchy, Kendall Smith and Hayden Schick

Key Points:

· Provided background on the revised policy approach and application of grants to prioritised focus catchments.

Upper Rangitāiki focus catchment update

· Land use intensification had occurred in a short timeframe.

· Levels of nitrogen were increasing and starting to impact on instream surface water quality and ecological conditions with the potential to start impacting on the receiving hydro lakes.

10:43 am – Cr Rose withdrew from the meeting.

· Attenuation between groundwater and root system was low and estimated to be three years.

· Work and engagement with landowners on mitigation measures had been very good, as illustrated in the progress report card.

· Landowners were keen to address options ahead of the 2024 plan change requirements.

· Phosphorus and erosion management were being worked through with landowners.

· Intensive winter grazing requirements of the National Environmental Standards for Freshwater would impact the upper catchment and was being considered.

Waitao (Kaiata Falls) focus catchment update

· The objective was to reduce the high rate of E. coli concentrations below the median swimmability criteria set by the Ministry for the Environment.

· Noted the success with environmental programmes completed by landowners which had been supported by Ministry co-funding.

· Wide setbacks and stock exclusion areas were now in place however, there would be a lag in seeing the positive changes come through due to substrate filtering. Science investigations by BOPRC and NIWA had not been able to quantify the length in lag time.

10:57 am – Cr Stacey Rose entered the meeting.

· Highlighted an emerging issue that had arisen with landowners fearing being ‘early adopters’ of lower contaminant farming loss systems and then being penalised by potential ‘grand parenting scenarios’ that may arise from 2024 and future plan change processes. Consideration of providing a degree of assurance to landowners was sought.

In Response to Questions:

· Changes made to the environmental grants policy in 2019 had enabled higher grant rates for focused priority catchments which had allowed more progress to be made with landowners in the Waitao catchment.

· Toi Te Ora Public Health warnings of E. coli levels were signposted at Kaiate Falls with ongoing sampling and monitoring carried out by BOPRC.

· A Government funded project was undertaking detailed analysis of E. coli concentrations and mitigations, which Kaiate Falls was a sample site and a report would be made available at a future point.

Key Points - Members:

· In regard to the emerging issue of landowner concerns of being potentially penalised as early adopters, caution was raised on pre-empting future policy and that the key message to community should be to encourage best practice through farm plan management and subsidies that were available.

Key Points - Staff:

· Key community messages were to continue implementing best practice and to look at what improvements could be made, which landowners would not be penalised for.

· Policy framework had yet to be considered but was not that far away from development.

11:21 am – Cr Thurston joined the meeting via Zoom.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Land Management Focus Catchment Update: Waitao (Kaiate Falls) and Upper Rangitāiki.

Rose/von Dadelszen

CARRIED

6. Consideration of Item not on the Agenda

6.1

Dune erosion at Waihi Beach

Presentation - Waihi Beach dune erosion - Wave Buoy measurements Bowentown and Pukehina 8 June 2021: Objective ID A3829906

Presented By: Pim de Monchy

Key Points:

· A significant storm event during the week of 24 May 2021 had caused severe erosion to some of the sand dunes at Island View, Waihī Beach.

· Western Bay of Plenty District Council (WBOPDC) were aware of the situation and BOPRC staff would liaise with them to work with landowners that had dwellings that were at risk.

· WBOPDC had emergency powers to evacuate people from properties if necessary.

· BOPRC had a long-term role of identifying natural hazards through the RPS and to continue modelling and understanding of natural hazards.

Key Points - Members:

· Coastal planting at Waihī Beach had done a lot of good work and helped stabilise and slow erosion impacts.

7. Public Excluded Section

Resolved

Resolution to exclude the public

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

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
9.1	Kopeopeo Canal West Investigations	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).	On the Chief Executive’s approval.

Clark/White

CARRIED

11:50 am – the meeting closed.

Confirmed

Cr Kevin Winters

Chairperson, Monitoring and Operations Committee



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Authoriser:	Sarah Omundsen, General Manager Regulatory Services

Chairperson's Report

Executive Summary

This report provides an update on key matters of interest for Monitoring and Operations Committee members including implementation of the National Environmental Standards for Freshwater, the 2020/21 water shortage event and Kaituna River projects.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

1. Purpose

This report provides an update on key matters of interest for Monitoring and Operations Committee members.

2. Matters of Potential Interest

2.1 Motiti implementation

Our Maritime and Compliance teams have carried out the first ever compliance inspections of the new Motiti Protection Area (MPA). Monitoring of the three reefs covered by the MPA has been undertaken for anyone that may be breaching the new rule under the Regional Coastal Environmental Plan. The rule became operative on Wednesday 11 August 2021, which prohibits the removal of fish from within the MPA, and was expected to attract some attention from some parties that opposed the rule. Interaction with boaties was good and positive which can be attributed to the work our teams have done to keep people informed. We’re hopeful these positive interactions and attitudes will continue.

2.2 National Environmental Standards for Freshwater (NESF) and S360 Regulations: update

As previously reported staff continue to implement the new NESF and Section 360 provisions as prescribed in the legislation.

The requirements for natural wetland protection, barriers to fish passage and some provisions for feedlots, land use Intensification and stock exclusion (for new areas of farm land) came into force on the 3rd September 2020. Further requirements are phased in over the next 5 years, with progress on implementation of those that have come into force (or are about to) described below.

Letters were sent out to all dairy farmers in the region letting them know what the new requirements are under the NES Freshwater for feedlots, stockholding areas, the synthetic nitrogen fertiliser cap and intensive winter grazing. This is included at Attachment 2 for information.

2.2.1 1.1.1 Intensive Winter Grazing

As advised in the last report, the Government reset the dates for compliance with the intensive winter grazing rules by one year to May 2022 while it reconsiders the practicality of some of the requirements, especially in Southern parts of the country. In the interim farmers are not allowed to increase the area used for intensive winter grazing above the maximum area for the period 2014-2019.

Consultation is now underway on proposed changes to the intensive winter grazing regulations and will run for six weeks until Thursday, 7 October 2021.Changes include amendments to manage the effects of pugging, to require paddocks be resown as soon as possible rather than by a set date, and to protect critical source areas.

The Government is also proposing a further delay to the regulations, to come into effect on 1 November 2022. The intent is to provide farmers certainty, and more time to adjust their practices and planting choices, or obtain resource consent if needed, ahead of the 2023 winter grazing season..

2.2.2 Feedlots and Stockholding Areas

The NESF provisions relating to stockholding areas came into force on 1 July 2021. Council is not aware of any feedlots in our region, however many dairy farmers will have some form of stockholding area for feeding out, usually associated with the dairy shed.

Previously stockholding areas have not been identified on farms unless the dairy wastewater consent also included the disposal of wastewater discharged from the holding areas. Staff will be now using our annual dairy shed wastewater compliance inspections to add to our existing database.

2.2.3 Synthetic Nitrogen Fertiliser Cap

The cap on Synthetic Nitrogen Fertiliser (SNF) of 190 kgN/ha/year came into force on 1 July 2021. From this date farmers must keep within the cap or apply for a consent. In addition all dairy farmers must provide records of SNF use annually to the Regional Council. From July 2022 Council must collect SNF use data and follow up on those farmers who haven’t provided the required information. There is an expectation that we will be required to report up to MfE on SNF use in our region and compliance with the rules.

Our staff are currently working with other Regional Councils to develop a nationally consistent approach to SNF data capture. The project is aiming to address things such as:

· Standardising the information requirements from farmers to Councils across NZ;

· Producing a central data storage solution with the appropriate controls and security, for collection, storage and reporting of SNF data – both to Councils and MfE, with the potential of further functions as a part of a wider vision for such a platform;

· Creating guidance to 3rd party software providers on how they can collect such information for the farmer, and potentially provide the information to Councils; and

· Producing a simple N-Cap Web Portal for the farmer to provide the required information to Council.

MfE have advised that work on SNF data management is due for completion ahead of the July 2022 requirement for dairy farmers to submit SNF data.

2.2.4 Stock Exclusion

The new stock exclusion regulations introduce nation-wide requirements for excluding certain stock types from waterways such as lakes, wetlands and rivers that are more than one meter wide. The timeframe for stock exclusion varies depending on the slope of the land (termed low-slope) and type of stock. The Ministry for the Environment is currently receiving submissions on a change to the regulations on how low slope land is identified. Preliminary assessments indicate that the proposed changes would not have a significant impact on the Bay of Plenty Region, with the majority of livestock exclusion required by the regulation already completed on our low-slope land. It is likely that further regional specific livestock exclusion rules will be considered as part of the NPS-FM plan change process where significant water quality improvements are required.

2.2.5 Barriers to Fish Passage in Waterways

Staff are developing a system with a holistic approach to capturing data on existing structures that create barriers to fish passage. This information is essential to support work required by the NPSFM, and enables us to check compliance against NESF permitted activity conditions.

Our consent information requirements are being updated to ensure that all the requirements NESF are being captured during the consenting of new structures. A review process is also underway to ensure our database contains the requisite information for recently granted consents.

2.2.6 Overall

Staff continue to see an increase in queries about the new provisions. The wetland provisions in the NESF continue to cause a significant extra workload for our science staff assessing what is (or isn’t) captured by the definition of “Wetland” in the NESF. This information assists our consent planners dealing with consent applications.

As a part of councils annual dairy shed wastewater inspections, compliance staff will be asking farmers questions relating to intensive winter grazing and stockholding areas on their property and providing information on the other requirements of the NESF and S360 Regulations.

We continue to engage with rural sector organisations such as Federated Farmers, Beef and Lamb, Dairy NZ and the Dairy Companies that operate in the Bay of Plenty, to try to ensure we are providing consistent messaging out to the farming community. We have also been meeting with interested community groups, farm discussion groups and agricultural consultants to ensure we stay current with concerns and tailor our advisory material accordingly.

Council’s website has been updated to include the most recent information and provides links to appropriate rural sector organisation websites and MfE for further information. As always our staff are available to provide advice and support.

2.3 Water shortage event update 2020/21

The previous update to this committee covered the period up until May 2021. This update covers the period from June through to August and will be the last update for the 2020/21 event. It also provides an early forecast as to what the 2021/22 season may look like.

2.3.1 Rivers and Streams

Rivers throughout the region are currently not under stress in the short term due to recent rainfall, lower air temperatures and high soil moisture levels resulting from winter conditions. However, the trend of low flows for the time of the year continues to be present in central and western areas of the Bay of Plenty.

2.3.2 Groundwater

In many parts of the region there has been a lack of recharge occurring, which reflects the lack of rainfall. Recharge was in deficit during both summer and autumn which is of some concern as traditionally most recharge occurs in autumn and winter. This means that the ability of the groundwater system to be replenished is reduced, implying more is being taken out of storage.

The summer deficiency is a bit of a double whammy as it generally coincides with increased use (abstraction) i.e. insufficient summer rain mean more pumping days. We have seen this recharge cycle before however it appears that the last two years have been the worst on record. Monitored water levels are within a few meters of the previous summer levels, however they have generally been lower since around 2018.

2.3.3 Forecast

The NIWA forecast for the period of August to October are predicting higher than normal temperatures and normal or below normal rainfall across the region, along with the development of La Niña conditions during spring. Therefore, we will enter the spring months in a similar position as last year which will again require close monitoring of stream flows.

2.3.4 Outlook for Summer 2021/22

Unless significant rainfall occurs over the coming months it is very likely that we will be in a position of needing to manage water through another dry summer. As base flows in several of our waterways across the Bay of Plenty are currently lower than at the same time in previous years, indications are that there is a high potential for water abstraction restrictions to be required.

There has been an increase in groundwater abstraction consents granted since 2015 which is expected to result in an increase in drawdown in some aquifers. This coupled with a lack of rainfall/recharge may result in the observation of some shallow wells drying up. In addition, smaller springs will likely have reduced flows, or in some cases may dry up.

2.3.5 Updated Standard Operating Procedure and Delegation

On 4 August 2021, the Strategy and Policy Committee adopted a revised Standard Operating Procedure (SOP) for managing and responding to water shortage events in the Bay of Plenty. In addition, the committee delegated ongoing responsibility to the Chief Executive to issue a Water Shortage Direction as allowed for under s.329 of the Resource Management Act.

The report and SOP are available here: Water Shortage Report - August 2021

2.3.6 Current Water Shortage Event Level

Currently we are operating at Level 0 of the SOP as summarised below:

2.4 Review of the April 2017 Flood Repair Project

Kyle Christensen, Christensen Consulting Ltd has been engaged to carry out a ‘lesson learned’ review of the April 2017 Flood Repair Project. The purpose of the review is to analysis the management process and programme delivery to inform future flood repair responses. It is not a technical review of the repair techniques used.

Interviews with stakeholders has recently been completed. This included river scheme advisory group members, key landowners, central government agencies, territorial authorities and Regional Council staff including the Chairman and Chief Executive.

The draft report is expected by mid-September 2021

2.5 Kaituna Mole Upgrade

The project is on track with Romanes Construction working on site since 12 July. The massive job of driving 167 sheetpiles 7m into the ground was completed in the week of 13 August on schedule. There were a few minor issues but nothing that cannot be managed. Concreting work will start on 16 August. When the final surface is placed it will include a design developed by a Te Arawa artist. The mole will reopen to the public on 4 December 2021.

Figure 1: Romanes Construction driving a sheetpile as part of the Kaituna Mole Upgrade

Figure 2: The newly-driven sheetpiles surrounding the old 1957 structure at the Kaituna Mole

2.6 Kaituna River Re-diversion and Te Awa o Ngatoroirangi / Maketū Estuary Enhancement Project

Staff will bring a paper to a future Monitoring and Operations Committee meeting with more detail on post-construction results. However, since full commissioning of all of the 12 culverts associated with the project on 12 February 2021, ecological monitoring has shown a marked improvement in the middle and upper estuary especially. This is summarised in a memo by Senior Environmental Scientist Stephen Park, which concludes:

“Overall monitoring results show changes in line with expected ecological benefits from the increased river flow back into the estuary. Parts of the upper estuary have shown very significant ecological improvements in terms of biodiversity and productivity which contributes significantly to the overall ecological health and integrity of the estuary. Water quality data also shows results consistent with predicted changes which may in the case of bacterial numbers, result in slightly higher numbers. No changes point to any unexpected adverse effects occurring as a result of the increased river flow and hence for ecological and water quality changes there are no concerns for maintaining the consented full river flow of 600,000 m3 per tidal cycle. Many of the potential ecological benefits of higher river flows into the estuary such as saltmarsh health, sediment and net nutrient transports out of the estuary will occur more gradually over time. And those more gradual changes should also result in further ecological restoration and improve of estuary health.”

Staff continue to collaborate with the Tangata Whenua Collaboration Group set up for the project, including presentation and discussion of ecological and mauri monitoring results, and preparation of the annual report.

The gates are operating reliably now following an initial period where some issues arose. The gate operations are detailed in the ‘Operations and Maintenance Manual’ and have been integrated into Council’s ‘Flood Warning Manual’ to ensure community safety and compliance with resource consent conditions.

Figure 3: Macroalgal cover in Te Awa o Ngatoroirangi / Maketū Estuary 1939 – 2021 (Stephen Park, BOPRC Scientist)

Figure 4: Aerial view over Te Tumu Cut to the southeast, taking in the lower Kaituna River, Te Pai Ika wetlands and Maketū Estuary taken 21 March 2021 (Andy Belcher, Legend Photography / BOPRC)

Figure 5: Aerial view of the boat ramp, carpark, diversion control structure, salinity block and wetlands taken 21 March 2021 (Andy Belcher, Legend Photography / BOPRC)

2.7 Resource consents update

We received 56 resource consent applications for July which is down by 12 from June. This eased the pressure slightly on staff after a record number of applications received through the 2020-2021 year. Like the last lockdown, we will continue to process consents while working from home, with the most significant change around site visits and meetings with applicants. In most cases these can be done through video conferencing. Where they can’t we are able to postpone this work until we can return to face to face contact safely.

Even though we were down on the number of applications received over July we processed 81 consents for the month. This is 29 more than for the same time last year continuing on the high output from June. 96% of those applications were processed within the statutory timeframes. One of the two applications that went over time was an old stormwater discharge consent from 2017 processed as part of our backlog project.

A breakdown of consents granted by activity is shown below.

2.7.1 Customer Service

Customer satisfaction continues to track well. Of the 8 responses received last month 7 were either very satisfied or satisfied with our service. One applicant was dissatisfied.

This month we launched our public facing resource consents portal. Current Resource Consents BOPRC can be accessed through the BOPRC website, people can find information about consents as well as access information such as application documents, consent conditions, and officers reports directly. They can also search and filter and download blocks of information. Supporting instructional videos will be available soon. This is a great step forward in making our consents information easily accessible, not only will it provide great customer service it is expected to reduce the number of requests directly coming to our staff.

2.7.2 Matters of interest

· On 28 July, following a hearing in Kawerau on 1 July, independent commissioners made a decision on Ngati Tuwharetoa Geothermal Assets' application to vary their geothermal discharge consent to allow them to continue discharging geothermal fluid to the Tarawera River for another 14 years (rather than switching to reinjection). The Officer’s s42A report was provided for the commissioner at the hearing and recommended that two years be provided (not 14). The application was opposed by Ngati Awa due to adverse cultural effects on the river and Ngati Awa supported the recommendation for two years. At the hearing, Ngati Awa acknowledged the high quality of the Officer’s report; and the commissioners' decision refers to the Officer's report a lot as including direct quotes. The decision provides NTGA with three years to switch to reinjection rather than the 14 years sought. Staff understand that NTGA are likely to appeal the decision.

· Staff across the organisation have been working on the review of Ballance's air discharge consent. This review, initiated in 2018, has been completed after lengthy and complex modelling of their discharge and the cumulative discharges from other industries. Ballance's discharge limits have changed as follows:

o Removal of the start-up discharge allowance of 130kg SO2/h - start up maximum discharge shall not exceed 40kg/h, a reduction of 69%.

o Reduction of the continuous operating discharge of SO2 from 90kg/h to 40kg/h, a reduction of 55%. Ballance have been operating well below this limit since the installation of the new converter and catalyst.

o Modelling of the new discharge limits indicate that the NESAQ limits will not be exceeded at the boundary of the site.

o In addition to the reduced limits, new reporting and control conditions have been added. In summary these include:

o An instantaneous trip on the fuel source to the SO2 burner if the discharge reaches 1 kg/min

o Monthly reporting of the discharges from the acid plant stack (2 min and 1 hour averages)

o A requirement to continue the monitoring at Whareroa Marae, for the remaining term of the consent and report this data to BOPRC. An alarm shall be placed on the monitor.

o Ballance's consent expires in July 2028.

· Tauranga City Council has applied to Bay of Plenty Regional Council and Western Bay of Plenty District Council for resource consents to create physically and culturally safe access to Omanawa Falls, and to provide for a comprehensive ‘Omanawa Falls Experience’ tourist and recreation facility. The project is to be staged, with the immediate priority being the provision of safe access, including on-site parking, toilet facilities and managed access. These applications have been jointly publicly notified, with submissions closing 5:00 p.m. on Friday, 17 September 2021.

· The lakes structure project is progressing well, with approximately 1,000 structures around the Rotorua Lakes requiring re-consenting. The first batch of non-notified consents for Lake Rotorua have been issued (36) and similarly we have got 15 issued for Lake Tarawera. A number of opportunities to improve our processes have been identified and will be implemented as we go through the programme. There are a number of structures on Lake Tarawera that were limited notified to further understand cultural effects, submissions have been received and the applicants are now working together to identify mitigation options prior to a hearing.

2.8 Regulatory Compliance Update

2.8.1 Pollution hotline and complaint response

• 332 service requests have been received for the month of July 2021, which is 26% more than we received in July 2020. 30% of service requests were received after-hours.

• 70% of service requests were related to air quality – odour (147), smoke (65), dust (5), and agrichemical (8). This is consistent with longer term patterns.

• 70 (21%) of calls were substantiated (i.e. a breach of the RMA, Regional Plan, NES, or other regulation was confirmed), which is 2 less calls than June.

• 72% of calls received were actioned on the day of receipt. 99% of calls were actioned within 3 working days. All 4 urgent complaints were actioned within 12 hours of receipt of the initial call.

Regional distribution of complaints received to the hotline are shown below:

2.8.2 Compliance monitoring

For the month of July 2021, we completed 360 compliance inspections, and received and reviewed 9978 performance monitoring returns from consent holders.

Compliance levels remain consistent with previous months, with 83% of site inspections identifying full compliance with consent requirements, and 86% of performance monitoring returns confirming that consent holders are meeting consented limits and/or reporting requirements. The majority of non-compliances observed are considered to be low risk with only 1.1% considered to be significantly non-compliant for site inspections.

2.8.1 Enforcement

In July 2021, Regional Council issued 7 abatement notices and 4 infringement notices in relation to breaches of Regional Plan rules and/or Resource Consent conditions.

On 16 July 2021, we received the final decision from Judge Dwyer in relation to BOPRC v. CPB Contractors Pty Ltd. This case was in relation to a discharge of wastewater, which occurred after works associated with the Bayfair to Baypark Link project struck a sewer line. The wastewater discharged into the TCC stormwater network, and surface water, which ultimately drains to Tauranga Harbour. CPB plead guilty and were fined $63,000. In addition to the penalty issued by the courts, CPB engaged with tangata whenua to apologise for the incident, and committed to an environmental restoration project downstream of the discharge. Local media response to the decision is available here:

· Bay Link roading contractor breaks sewer main at Matapihi, wastewater spill contained - NZ Herald

· SunLive - Wastewater discharges lead to $63,000 in fines - The Bay's News First

Regional Council currently has 7 prosecutions before the courts.

2.9 Adoption of the Long Term Plan 2021 – 2031

Council adopted its Long Term Plan 2021-2031 (LTP) on 24 June 2021 and it came into operation on 1 July 2021.

Through the formal LTP consultation period during February/March 2021, Council received over 300 submission across a range of matters, some submissions raised matters that relate to work overseen by the Monitoring and Operations Committee. Submissions included a mixture of funding requests, requests for work to be carried out in some cases information for noting.

A summary of submissions points and the responses most closely aligned to the work of the committee are attached to this paper. The LTP submissions are being used to help inform the committee work plan moving forward, in a number of cases submissions relate to existing programmes of work which will be subject to Council reports through the year, including; Mount Maunganui Industrial Air Quality, the Regional Pest Management Plan, Care groups and volunteers.

The LTP 2021-2031 is available on Councils website: Long Term Plan (boprc.govt.nz)

2.10 Monitoring and Operations Committee work programme

The Monitoring and Operations planned work programme for this financial year is provided at Attachment 3 for information.

Attachments

Attachment 1 - Letter to consent holders - Essential information for dairy farmers ⇩

Attachment 2 - LTP Submission Points - Monitoring and Operations Committee ⇩

Attachment 3 - Monitoring and Operations Work Programme 2021-22 ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Writer:	Shane Grayling, Biosecurity Team Leader
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	This report presents the Annual Plan report for 2020/21 and the 2021/22 Operational Plan for the Regional Pest Management Plan.

Operational Plan Annual Report 2020-21 and 2021-22 Operational Plan for the Regional Pest Management Plan

Executive Summary

The Biosecurity Act 1993 requires Council to prepare and make publicly available, an Annual Report on the implementation of the Regional Pest Management Plan’s Operational Plan. Staff have prepared an Annual Report (attached). This paper provides a high level summary of the Annual Report noting the highlights of the last year. The Act also requires Council to review the RPMP Operational Plan annually and make appropriate amendments.

Most pest programmes (89%) are tracking well towards meeting their programme objectives. Our surveillance work continues to identify new pest infestations, and our Eradication programme is tracking well with 55% of sites (41 of 75) where eradication pests have been found previously are currently at zero density (no pests present) due to effective control operations.

Increasing effort is being put into working with iwi to deliver programmes within their rohe which is improving results against some of more problematic pest issues.

The reviewed Operational Plan has been amended to reflect revised budget allocations to various pest programmes and notes that additional pests may be added to the Exclusion and Sustained Control programmes pending an outcome from the Environment Court on Forest and Birds appeal on the RPMP.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Operational Plan Annual Report 2020-21 and 2021-22 Operational Plan for the Regional Pest Management Plan 2020-30.

2 Approves the 2021-22 Operational Plan for the Bay of Plenty Regional Pest Management Plan 2020-30.

1. Introduction

This paper presents the 2020/21 Regional Pest Management Plan (RPMP) Operational Plan report and Biosecurity Activity highlights from 2020/21. This is the first report outlining progress against the recently adopted Bay of Plenty Regional Pest Management Plan 2020-2030. The paper also presents an amended RPMP Operational Plan for the 2021/22 year for the Committees approval.

1.1 Legislative Framework

The Regional Pest Management Plan for the Bay of Plenty 2020–2030 (RPMP) became operative on 17 December 2020. Council’s Monitoring and Operations Committee then approved an Operational Plan to implement the RPMP.

Section 100B(1) of the Biosecurity Act requires that the RPMP Operational Plan be reviewed annually and amended if necessary.

Section 100B(2) of the Act requires a report on the implementation of the Operational Plan be prepared each financial year. This report must be provided to Council and then made publicly available.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
The Way We Work	We look to partnerships for best outcomes.

Through the implementation of the Regional Pest Management plan and delivery of the Operational Plan Council is delivering its legislative responsibilities to provide regional leadership for pest management and protect our natural environment from pest species. In doing this we look for partnership opportunities to improve delivery and the strategic management of key issues.

Partnerships have been implemented with Ministry for Primary Industries, Department of Conservation, Waikato Regional Council, Te Arawa Lakes Trust, Tūhoe Manawaru Tribal Authority, Tauranga Moana Biosecurity Capital, and Lakes Water Quality Society.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

Medium - Positive

Protection of values from the impacts of pests, whether they be environmental, cultural or social, are key drivers for the Biosecurity Activity and the delivery of the Regional Pest Management Plan. The management of new incursion and low incidence pests (Eradication species) aims to prevent the impact of highly problematic species on the Bay of Plenty.

The management of pests at key sites also protects cultural values. Council looks to engage tāngata whenua and hapū to help deliver the work and manage biosecurity issues in their community, examples of this include Rotorua Lakes, Matakana Island, East Cape and Ruatāhuna.

Where possible, local contractors are engaged to improve local engagement in pest issues and provide local employment.

2. Regional Pest Management Plan 2021/22 Operational Plan

This Committee approved the Operational Plan for the new Bay of Plenty Regional Pest Plan 2020-2030 at its meeting on 9 March 2021. The Biosecurity Act requires that the Operational Plan be reviewed annually and, if necessary, amended. Staff have carried out a review and made minor amendments to reflect Council’s new Long Term Plan budgets for the Biosecurity Activity. The amended Plan also notes that additional amendments will be likely following the resolution of Forest and Bird’s RPMP appeal by the Environment Court.

3. Regional Pest Management Plan Annual report for 2020/21

The Annual Report highlights progress with key pest programmes and provides a summary of work for each species managed under the Bay of Plenty’s Regional Pest Management Plan (RPMP).

One of the biggest highlights for the year has been the development of Geopest, a spatially driven database for collecting, storing and reporting pest management data. The system allows efficient in-field data capture and reports progress against each RPMP pest species. The programme now has the ability to measure trends over time including the number of affected sites and pest plant coverage. We can now measure and report for each pest species whether it is increasing or decreasing in distribution, and if RPMP objectives are being met. It can also show effort against species, the number of inspections completed and the number of properties visited.

The ‘new to region’ programme looks for species not currently in the region, or species that are starting to show invasive characteristics. A risk assessment was undertaken for 53 exotic species to determine whether they may require management as a pest. Of those 53, 23 were selected for ongoing management.

Council also continued to undertake proactive ornamental pond surveillance and environmental DNA sampling (eDNA). While the results from the eDNA sampling are yet to be received, the pond surveillance work yielded new discoveries, such as the only known koi carp site in the region (now being managed).

Overall, 89%, of our RPMP pest programmes are considered to be on-track to meet their RPMP management objectives.

Good progress continues with eradication programmes. Partnerships with research institutions such as the AgResearch are resulting in the latest research findings being incorporated into control programmes, which increases our operational effectiveness. In total, 41 of 75 (55%) of the eradication sites currently being managed across the region are at zero density (the goal of the programme).

Most containment pest programmes are also progressing well. Innovation has become a big part of managing these more established pests, more efficiently. Trials with infrared technology, mobile data capture applications, and new control technology, continue to evolve and allow us to scale up our efforts.

Challenges remain with the management of woolly nightshade on unoccupied or unmanaged land. While progress has been achieved at some sites, gains made are hard to maintain without a significant change in land-use. This species is unlikely to meet its current RPMP management objectives, primarily due to the fact that it is widespread, rapidly distributed across the landscape by birds, and has an incredibly fast transition from seedling to flowering plant (4-6 months compared with 3-4 years for wild ginger).

Through the year, the National Wallaby and National Wilding pine programmes provided significant investment and allowed much more operational work to be completed. To scale these programmes up from previous levels took considerable time and effort from staff. Now the systems and contracts are in place, we expect a smooth delivery of operational work in 2021-22.

4. Considerations

4.1 Risks and Mitigations

There are no significant risks associated with this report.

4.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts, though it is noted that the pest management activities generally have positive effects on climate change, particularly the control of browsing animal pests such as wallabies.

4.3 Implications for Māori

Opportunities for meaningful engagement with Māori are fundamental to the delivery of the Regional Pest Management Plan. Council looks for opportunities to engage and partner with Māori. Collaboration continues with Te Arawa Lakes Trust to manage the catfish programme, undertake boat ramp inspections and more recently with the national wallaby programme. Strong relationships have been built with hapū on Matakana Island, East Cape and at Ruatāhuna where Council have engaged hapū to manage Biosecurity issues in their communities. Strong relationships continue to flourish with Ruawahia 2B Trust to manage wilding pines on Mount Tarawera. The relationships are mutually beneficial and through the Biosecurity programme more opportunities will be investigated moving forward.

4.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

One of the outcomes of the Regional Pest Management Plan is for our communities to be experienced and effective pest managers. We do this by providing technical advice, best practice guidelines and look to engage in community events to inform and educate on key biosecurity issues. Council received 803 public enquiries during the year and attending a number of events to support engaged communities and inform others.

4.5 Financial Implications

There are no material unbudgeted financial implications and this activity fits within the allocated budget. However, there is likely to be implications associated with the pending resolution of the Forest and Bird appeal by the Environment Court. Assuming the appeal is resolved in accordance with our negotiated position, then we can expect a budget impact of $130,000. Staff will present an amended Operational Plan, with options for managing this budget impact to this Committee following the Environment Court process.

5. Next Steps

The attached Operational Plan report documents the highlights and challenges for the year. The biosecurity programme is a dynamic programme there are a number of variables that impact our success. Overall the programme is tracking well and the goals of the programme are likely to be achieved for 89% of the species we manage.

The development of a new data capture and reporting system (Geopest) will significantly improve our ability to monitor and report progress against RPMP objectives. Staff continue to look for opportunities to collaborate and innovate which brings strength to the programme. We are working closer than ever with local communities and Iwi/hapū and believe this is critical for programme success.

Attachments

Supporting Document 1 - Regional Pest Management Plan Operational Plan 2021/22 - Draft ⇩

Supporting Document 2 - Regional Pest Management Plan Operational Plan - Annual Report 2020-2021 - Draft ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Writer:	Reece Irving, Senior Regulatory Project Officer
Report Authoriser:	Sarah Omundsen, General Manager, Regulatory Services
Purpose:	To update the Monitoring and Operations Committee on activities underway to improve air quality and the overall environment in the Mount Maunganui Airshed.

Mount Maunganui Industrial Airshed Update

Executive Summary

This report provides an update on activities undertaken to improve air quality and the wider environment in the Mount Maunganui Industrial Area and airshed. The report covers the period from mid-May until mid-August 2021.

During this reporting period, three breaches of the PM10 National Environmental Standards for Air Quality (NESAQ) were recorded at the Rata Street monitoring site. Early investigation into two of these breaches indicates the exceedances were most likely due to high natural salt concentrations in heavy sea mist which blanketed Mount Maunganui in early-June. Staff are exploring an application to the Ministry for the Environment for a dispensation for these exceedances due to exceptional circumstances.

In July, dispensation was granted by the Ministry for three exceedances detected at De Havilland Way in February as they were caused by earthworks undertaken on Tauranga Airport runway. The total number of PM10 exceedances is now four for the 2021 reporting period.

In other work, staff are currently scoping an industrial area wide PFAS investigation and are negotiating with external consultants to determine a methodology for this work.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Mount Maunganui Industrial Airshed Update.

1. Introduction

This update continues the regular reporting on activities and actions undertaken to mitigate the impacts of industrial discharges to air and the wider environment in the Mount Maunganui industrial area. Air quality in the area has been perceived as degrading over time as industrial activities and vehicle movements have increased significantly in recent years.

Regional Council has an extensive work programme underway to improve air quality in this area. Measured breaches of National Environmental Standards for PM10 and SO2 have been reducing year on year, however public perception remains that the airshed is impacting human health. The objectives of the programme are:

Short term: meet our legislative requirements for air, land and water quality

Long term: deliver on the community’s expectation to live in a healthy environment

1.1 Legislative Framework

The Mount Maunganui Airshed was gazetted as a polluted airshed under the NESAQ Regulations 2004, coming into effect in November 2019. The gazetting was based on breaches of the limits for fine particulate matter, PM10. As per the regulations, five continuous years with no NESAQ PM10 breaches must be recorded for the polluted status to be reviewed.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
Safe and Resilient Communities	We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We look to partnerships for best outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

Medium - Negative

2. Updates

2.1 Monitoring and exceedances

The full list of PM10 exceedances since the monitoring network was established is included in Attachment 1. Investigations of these exceedances have shown a single pollution source is seldom the cause and the cumulative effect of emissions from multiple sources is generally responsible.

2.2 Mount Maunganui Air Quality Working Party

A meeting of the Mount Maunganui Air Quality Working Party was scheduled to be held on Thursday 5^th August. This date coincided with the tangihanga of Dr Kihi Ngatai and in respect the meeting was postponed. The next meeting of the Working Party is now scheduled for 9 September 2021. Following a letter sent to the Ministry for the Environment impressing upon them the importance of their attendance at Working Party hui (see Appendix 2), MfE representatives will address the upcoming meeting.

Key actions identified at previous Working Party meetings have been progressed and an update on these is provided in Appendix 3.

2.3 Mount Environmental Enhancement Projects

Projects to enhance the Mount Industrial environment through boundary and screen planting have been promoted by the Clear the Air community group. To progress the ideas put forward, Regional Council, TCC, Clear the Air, the Port of Tauranga and Ballance Agri-nutrients have met to discuss how amenity planting in the industrial area might look. The Port and Ballance have identified land areas controlled by them for future planting projects, including enhanced boundary planting around Ballance, and planting the periphery of the Hewletts Road log-yards by the Port. BoPRC and Clear the Air are working towards contacting all industrial land owners in the Mount to identify suitable areas of land on industrial sites what would be suitable for screen planting in the future.

2.4 Mount Industrial Area PFAS investigation

Regional Council became aware of per- and poly- fluoroalkyl substances (PFAS) in soils and groundwater within the Mount Maunganui Industrial Area, following receipt of a resource consent application for the disturbance of contaminated land from Lawter (NZ) Ltd.

PFAS compounds are a group of manufactured chemicals that have been used in manufacturing processes and products since the 1950s due to their desirable chemical properties. This group of chemicals are best known for their use in the production of aqueous film forming foam (AFFF) previously used in firefighting due to their effectiveness in extinguishing liquid fuel fires. However, firefighting foams are not the only product that use PFAS compounds. It is now acknowledged that PFAS compounds may be harmful, are persistent in the environment, resistant to environmental degradation and can bio accumulate in living organisms.

Following a review of the information in the resource consent application Regional Council was concerned about an immediate risk to human health down gradient of the industrial property. An initial phase of soil, sediment, drinking water and surface water sampling was completed in and around Taiaho Place and the Whareroa Marae. The initial sampling was undertaken on 16 and 22 April 2021 by external consultants and a cultural observer appointed by Ngāti Kuku hapū was present for all of the sampling completed.

The results from the initial sampling showed PFAS compounds were not detected in drinking water, surface water or sediment along the shoreline or the two-stormwater outlets near the boat ramp. They were also not detected in soils within recreational and residential areas, including the hangi pit, at Taiaho Place and Whareroa Marae.

Low levels of PFAS were detected in surface water along the open drain to the east of the Whareroa Marae and the outlet of this drain with the harbour (sometimes referred to as the “airport drain”). PFAS was also detected in sediment at this outlet. The concentrations detected did not exceed nationally adopted recreational human health protection criteria.

The next stage of investigation will include a desktop review of the potential sources and associated risks of PFAS contamination within the wider Mount Maunganui Industrial Area. The objective of the second stage of investigation is to aid in the development of an appropriate scope of investigation and monitoring. Regional Council has received an offer of service to complete this second stage of investigation for review, and will engage with Tauranga City Council, local industry and the Whareroa Marae community once the desktop review is complete.

2.5 Environment Protection Authority (EPA) decision on modified reassessment of methyl bromide

The decision making committee of the EPA, sitting to assess an application by STIMBR to assess recapture requirements closed the hearing on 7 July 2021 deciding that all information for consideration had been presented. The EPA decision was released on 18 August 2021.

The decision contains a number of controls which are mandatory, such as increasing recapture of methyl bromide before venting to atmosphere, and increasing the required buffer distances excluding the public. The greatest impact of the EPA decision will be on log fumigation, with the fumigation of forest products for export accounting for around 95% of the methyl bromide use in New Zealand. It is expected that there will be minimal impact on the fumigation of shipping containers.

More focus is now likely to go on to other forms of acceptable treatment such as phosphine fumigation (in transit) and debarking of logs (debarking capacity is able to accommodate up to approximately 40% of current exports), while renewed emphasis may also go towards negotiating an alternative treatment model with our main log export markets, noting that logs destined for Japan and Korea do not require treatment in New Zealand.

Another fumigant, ethanedinitrile (EDN) is currently being assessed by the EPA for use in New Zealand. Should EDN be approved, the amount of methyl bromide used could fall to less than 10% of current levels.

Parallel to the EPA hearing, the Bay of Plenty Regional Council is processing resource consent applications for methyl bromide fumigation to replace existing resource consents. The EPA requirements will help inform our consenting process. A resource consent may, where justified, set more stringent controls than the EPA but may not set a lower standard. Regional Council is responsible for checking compliance with resource consent requirements.

EPA have stated that the “EPA, WorkSafe and local authorities all have responsibilities for compliance, monitoring and enforcement activities relating to methyl bromide.” We look forward to working with these agencies and remain committed to also working alongside industry to help ensure that exports suffer minimal disruption, while still protecting human health and the environment.

2.5.1 Summary of EPA methyl bromide decision

The significant items related to this decision are ship fumigation, buffer distances and recapture requirements.

Ship fumigation

Ship fumigation is prohibited from January 2023. From January 2022 until then the following controls are required: only one ship hold can be vented at a time with at least two hours between holds, and a 900m buffer in place. DMC states that “the health and environmental risks identified in respect of continued ship’s hold fumigation without recapture outweigh any benefits of this use.”

Implications: There will be no more ship fumigation at the POT from January 2022

Buffer distance (take effect from 1 January 2022, where the PCBU must ensure that no member of the public is in the buffer zone during fumigation)

For container fumigations, the buffer zone is 10 or 25 m, depending on container volume. This is no change from the current requirement.

For fumigations under sheets (e.g. logs), the required buffer zones depends on dose rate and recapture performance and is significantly increased over current requirements.

For logs destined for India the required buffer distance without recapture is 515m; 30 to 40% recapture the buffer distance reduces to 380m and for 80% recapture it reduces to 155m. Logs for China market require an even larger buffer. By comparison the current buffer requirement at the PoT is 100m.

Implications: It is apparent that these buffer distances will make it difficult to continue with methyl bromide fumigation at the POT, for anything other than container fumigation unless they achieve 80% recapture. Even then the area available for log fumigation will be very much restricted.

Recapture requirements

Recapture performance (reduction of methyl bromide from the maximum amount in the enclosed space)

The Committee considered that ongoing methyl bromide fumigations without any recapture are unacceptable, and that future use must ultimately achieve a high recapture performance standard in order to protect the health of workers, the health of the public, and the environment.

· Containers, increases from 80% (from 1 January 2023) to 99% (from 1 January 2031).

· Fumigation under sheets (e.g. logs), increases from 30% (from 1 January 2022) to 99% (from 1 January 2035)

Recapture proportion

· For fumigations under sheets: the proportion of fumigations to have recapture technology applied increases from 50% (from 1 January 2022) to 100% (from 1 January 2025); they adopted a step-wise approach which we recommended and introduced in the Genera consent some years ago.

· 100% of containers to have recapture applied

Wind speed

· ventilation of any fumigation event only occurs when wind speed is at least 2 m/s (=7.2 kph)

2.6 Communications and Media

A number of articles appeared on Radio New Zealand, TVNZ and in local print media during the reporting period of this report. The focus of almost all media interest has been the impacts on the Whareroa Community of living surrounded by industry. A full round-up of communications and media can be found in Appendix 4.

2.7 Policy Matters

A high-level framework of provisions for Plan Change 18 – Mount Maunganui Airshed is being formulated to inform the draft Plan change. Regional Council has also agreed to fund independent planning expertise to assist Whareroa marae and Ngāti Kuku to articulate their values in relation to the plan change. Once complete, the draft framework will be discussed with key stakeholders in the Airshed, and their feedback sought.

For Plan Change 13, the bulk solid materials rule (AQ R22) and definition remain under appeal and were subject to an Environment Court hearing in October 2020. The Court’s decision has not yet been notified and so this matter is still confidential.

2.8 Consents

There are currently nine businesses that have applied for new consents, or are undergoing reviews of existing consents for discharge to air, land or water, within the Mount Industrial air shed. There has been limited change in the status of these applications since last reported on, with the exception of the two mentioned here.

Ziwi: Submissions closed on 28th June 2021 after the application was publically notified. The applicant is currently conducting further odour mitigation testing with the aim of providing further supporting evidence for a hearing tentatively scheduled for 2nd and 3rd December 2021.

Timaru Oil Services Ltd: This application was declined and appeal on that decision to the Environment Court has been withdrawn.

2.9 Compliance

2.9.1 Pollution Hotline calls received and responded to

During the reporting period 201 calls were received through the Pollution Hotline relating to events within the Mount Industrial airshed. Of these, 181 related to air quality, with 167 relating to odour which remains the main cause of calls to the Pollution Hotline. Over 45% of odour complaints relate to the pet food rendering processes at Ziwi Limited.

Pollution Hotline Complaint Categories 16 May to 13 August 2021 – Mount Industrial Area
Category	# calls	% calls
Coastal	8	4
Water and Land	12	6
Air	181	90
Total	201	100
Pollution Hotline Complaint Sub-Categories 16 May to 13 August 2021 – Mount Industrial Area
Sub-Category	# calls	% calls
Water & Land - Land and Soil Disturbance	1	0
Water & Land - Discharges to Land	2	1
Air - Dust	2	1
Air - Industrial	5	2
Air - Smoke	7	3
Coastal - Discharges	8	4
Water & Land - Discharges to Water	9	4
Air - Odour	167	83
Total	201	100

2.9.2 Ballance Agri-Nutrients Ltd Compliance Inspection

Ballance have been undertaking site works including a building demolition and extension which exposed contaminated soils on the site. The works have been undertaken via consent RM18-0610-LC to disturb or remediate contaminated land. Under the most recent compliance inspection carried out on 27 July 2021, the site was compliant with all conditions of this consent.

Contaminated land remediation work at Ballance Agri-nutrients, July 2021

2.9.3 Dust mitigation developments

Property for Industry own four large sheds on Hewletts Road used for the storage of palm kernel. The site tenant, ADM, who are responsible for the transportation of palm kernel and management of the sheds have installed a roofed area between the sheds to reduce dust escaping beyond their boundary and to reduce the amount of stormwater running through their site.

New roofed area between palm kernel storage sheds at ADM Hewletts Road.

3. Considerations

3.1 Climate Change

Improving air quality in the Mount Maunganui Industrial Area will not in and of itself impact on climate change. However, cleaner air will certainly ensure potential effects from contaminant discharges will be mitigated. In particular, methyl bromide is an ozone depleting substance and having strict controls on its use as guided by the EPA is important.

3.2 Implications for Māori

Ngāi Tukairangi and Ngāti Kuku ki Whareroa are the Ngāi Te Rangi hapū affiliated with Whareroa Marae and with whom Regional Council staff have been endeavouring to foster closer relationships to ensure council actions will have direct and positive impacts on the Taiaho Place and papakainga communities. Staff have also been working hard to ensure the communities are connected with agencies such as Ministry for the Environment and Toi te Ora and surrounding business and industry.

The establishment of the Air Quality Working Party has provided another platform for engagement with iwi and hapū and for their concerns to be heard around a wider table. This is a space of ongoing commitment from all parties involved as there is clearly still a degree of distrust of government agencies and actions held by the Whareroa community.

3.3 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

3.4 Financial Implications

The PFAS investigation exercise (estimated at $60k) is an unbudgeted spend during this financial year.

4. Next Steps

Staff will continue to update this Committee on all work underway to improve air quality in the Mount Maunganui Industrial Area. There is a wider focus on all environmental discharges and ensuring the minimal impact on human health resulting from industrial activity. The six monthly updates on these works requested by the Minister for the Environment from Bay of Plenty Regional Council on this work continues to be provided.

Attachments

Attachment 1 - Mount Maunganui Airshed PM10 exceedances at August 2021 ⇩

Attachment 2 - Letter to Jo Gascoigne Ministry for the Environment re membership of the Mount Maunganui Air Quality Working Party - 14 June 2021 ⇩

Attachment 3 - Mount Maunganui Air Quality Working Party Key Actions ⇩

Attachment 4 - Mount Industrial media report Comms and Media 13 May - 13 August 2021 ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Writer:	Nick Barnes, Consents Team Leader and Reuben Fraser, Consents Manager
Report Authoriser:	Sarah Omundsen, General Manager, Regulatory Services
Purpose:	To inform the committee on the activities and performance of the Resource Consents Team during 2020-21

Consents Annual Report

Executive Summary

This report provides a summary of the activities and performance of the Resource Consents team in 2020/21. KPIs were exceeded this year with just 1.47% of applications receiving discounts and an 84% customer satisfaction score. Other key points are:

· 98% of non-notified applications were processed within statutory timeframes;

· 58% of applications were processed within 40 working days;

· 837 consent applications were received along with 378 applications to change existing consents;

· Land use consents were the most numerous issued although high numbers of discharge and water take consents were also issued.

· A range of notable consents were progressed during the year including the Timaru Oil Tank Farm, Rotorua Lakes Council Waste Water Treatment Plant and Lakefront Development.

Recommendations

That the Monitoring and Operations Committee:

1. Receives the report, Consents Annual Report.

1. Introduction

This report provides an update to Council on the activities and performance of the Consents Team during the 2020/21 financial year. The team has met Key Performance Indicators (KPIs) for discounts on consent processing fees and customer satisfaction. Application numbers were higher than the previous year and complexity of applications continues to increase. The team were involved in a number of high profile and interesting applications during the year and these are summarised below.

1.1 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We listen to our communities and consider their values and priorities in our regional plans.
The Way We Work	We provide great customer service.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

High - Positive

¨ Cultural

Medium - Positive

¨ Social

High - Positive

¨ Economic

High - Positive

This report is for information only and although the work of the Consents Team does impact community well-beings no changes are proposed here.

2. Consent Processing

2.1 Statutory Timeframes

98% of all non-notified consents were processed within the statutory timeframes, up from 95% the previous year. This resulted in just 1.47% of applications receiving discounts which achieves the KPI of <5%. 58% of applications were processed within 40 workings days which is similar to the previous year.

Figure 1: Consent processing efficiency between 2017 and 2021

2.1.1 Statutory Timeframes and ‘Clock Stops’

The Resource Management Act 1991 (RMA) states how long a consent authority has to process an application, which differs depending on the notification pathway the consent is processed through, and is known as the statutory timeframe.

The RMA also articulates the mechanisms which allow for these timeframes to be paused or extended, known in the RMA, as time excluded periods and extensions of time periods or, informally, clock stops and timeframe extensions. An example of one of the mechanisms that invokes a clock stop is a request for information (colloquially known by our planners as a ‘Section 92’ because this is the section within the RMA which legislates this mechanism).

We are legislatively mandated to meet statutory timeframes, which are highlighted in blue in Figure 1. We also monitor the percentage of applications that take less than 40 total days, highlighted in green, because this provides us with an appreciation of how efficient we are being when utilising these clock stops.

2.1.2 Why might an application take longer than 40 working days to process?

A request for further information is the most common reason applications take longer than 40 working days to process. Applicants are given 15 working days to respond to us, however, this response can be outlining the likely timeframes to retrieve and return this further information. During this time the statutory clock is paused.

Some of these further information requests take significant time to gather all of the information. For example, for a water take with a dam where we need more information on the suitability of the dam (safety and design) the applicant would need to engage an engineer. A recent example of this water damming scenario took the applicant 36 days to provide the further information. A longer response timeframe is very typical for applications where further information is required on technical matters, for example engineering, ecology, air quality, or where applicants are engaging with tangata whenua about their application.

Another factor that can contribute to applications taking longer than 40 working days to process is because we often send draft conditions to be reviewed by the applicant. While this is not required by the RMA, it is good practice to send applicants a draft set of conditions prior to making a decision on their application. This gives them a heads up on any requirements of the consent that they might need to get organised, and allows them to provide any feedback they may have in regards to suitability of the conditions, for example, whether the conditions are feasible, if there are any errors etc. This typically only takes a couple of days, however for larger/more complex consents this might take weeks, especially if the applicant needs their consultant or an expert to go over the conditions. During this time the statutory clock is extended.

In order to further demonstrate why an application may take over 40 working days to process yet still meet the statutory timeframes, a worked example is provided below.

RM21-0248 was an application for six on-site effluent treatment systems to service fifteen eco-cabins in Omanawa. During the application process the applicant increased the number of systems to nine and the discharge of the new systems now discharged within 100m of an identified wetlands, meaning a new technical review was required in order to understand the potential environmental effects. In order to give the applicant time to conduct this technical review, the consents planner, Marcia Christian placed the application on a time extension under section 37 of the RMA. Once this technical review was complete and Marcia was satisfied, the application proceeded.

Further on in the application, the draft consent conditions were sent to the applicant and while they reviewed them and understood the obligations under the proposed consent the application was again placed under time extension. Once the applicant was satisfied the application proceeded through to approval.

The schedule for this application can be seen below. Taking into account the section 37 time extensions, the application took 19 days to process, which is within the statutory timeframe of 20 working days for a non-notified application. Without taking into account the clock stops, the application took a total of 51 working days to process.

2.2 Applications

During the 2020/21 financial year, 837 applications for resource consents were received, averaging around 70 applications per month. In addition, 378 applications for changes to existing consents were received. This is an increase from last year when 723 applications for resource consents and 346 change applications were received, which represents around a 14% increase in applications received.

678 applications were processed during 2020/21 compared to 515 applications in the previous year, which represents a 30% increase in output.

Of the applications received in the 2020/21 year, 1,088 (90%) were allocated to staff and 127 (10%) were allocated to consultants for processing.

2.3 Activity Type and Location

Land use consents were the most numerous of those issued in the 2020/2021 financial year, followed by discharge and water take consents.

The highest number of applications came from the Western Bay of Plenty District, with a large number of applications also coming from the Rotorua District.

Figure 2: Applications by activity type and location for 2020/21

2.4 Returns and Withdrawals

Resource consent applications are returned at the start of the process if they do not contain the information required, and staff provide guidance to applicants in relation to the gaps in returned applications.

Applications can also be withdrawn by applicants at any stage in the process. This often happens if plans change or consents are unlikely to be supported.

Figure 3: Returned and withdrawn applications between 2017 and 2021

2.5 Processing Efficiency

The average amount of staff time it takes to process an application has decreased this year, to just over 15.5 hours. This processing time had increased for the previous three years and was just over 20 hours in 2019/20. The number of applications processed has increased by 30% compared to the previous year, without an increase in staffing, suggesting a significant improvement in efficiency which is particularly good news considering the landscape of evolving legislation.

Figure 4: Average application processing times

3. Customer Service

Customer service remains a priority for the team and we are continuously improving in this area. All decisions sent to consent applicants are accompanied by a customer satisfaction survey. In the 2020/21 year around 16% of applicants responded to the survey resulting in an 84% satisfaction score, which achieves the team KPI of 80% and is the same score as the previous year.

Figure 5: Customer satisfaction from 2018 to 2021

A more targeted investigation into customer service was completed in 2019 and involved interviews with 13 planning consultants and applicants who regularly deal with the Consents Team. The work provided some valuable insights for the team and has become the basis for a series of improvements to the way we work.

One of the issues raised by several of those interviewed was the difficulty they have with engaging with tangata whenua. This prompted a similar piece of work where 11 tangata whenua resource management representatives were interviewed about their experiences interacting with our team. This deep dive into customer service and tangata whenua engagement has informed a programme of work to continue to improve in this space and has seen a number of initiatives implemented during this financial year, which are highlighted below.

4. Team Activity

4.1 Enhancing Cultural Awareness and Relationships

As part of the wider plan to improve cultural awareness while building stronger relationships with tangata whenua the team have undertaken some new initiatives.

The team attended the Te Pumaomao Nationhood Building Course, which is tikanga based and presents strategies to develop a holistic understanding of cross-cultural relationships. It provides an immersive and holistic experience which takes participants on a transformative journey to convey a new depth of insight into the Māori world, deepening understanding of Māori world views, laws and philosophies.

Figure 6: The consents team at Whareroa Marae while on Te Poumaomao

Consents Team meetings are also now held at various marae around the region and provide an opportunity for the team to engage with tangata whenua but also allow iwi and hapū to articulate their aspirations and challenges, which provide a platform to collaborate and identify ways to work better together. This has enabled the guidance about the engagement process for applicants and iwi/hapū to be refined, which has provided more clarity for all of those involved in the consenting process.

Figure 7: The consents team heading into their team meeting at Te Pākira Marae

4.2 Improving How We Work

4.2.1 Water Takes for Frost Protection

Following scrutiny of applications to take water for frost protection, applicants are now asking for more reasonable volumes of water for frost protection for existing orchards.

4.2.2 Seasonal Restrictions in Water Take Consents

New Zealand Avocado, New Zealand Kiwifruit Growers Incorporated, and the Bay of Plenty Regional Council have collaborated to streamline a process to remove seasonal restrictions from water take consents and provide desired flexibility for growers. Through collaboration with the Compliance Team some amendments have now been made to resource consents – one of the applicants commented, “that was the easiest consent thing I have ever done!”

4.2.3 Fast Track Consent Applications

The proposal to construct and operate a boat harbour on Māori freehold land close to the left bank of the Whakatāne River, immediately downstream of the SH30 bridge is the first proposal in the Bay of Plenty to be accepted as part of the COVID-a9 Recovery (Fast-Track Consenting) Act 2020 process. This means that applications for resource consents are able to be lodged directly with the Environmental Protection Agency (EPA) for a decision by a panel appointed by panel convenor Judge L J Newhook.

The project involves activities such as vegetation clearance; earthworks; excavation of soil, rock and other material; deposition to land; disturbance and remediation of contaminated land (including removal of historic timber mill peelings); take of water; discharge of water and contaminants to water and land; damming and diversion of the Whakatāne River (Coastal Marine Area - CMA); disturbance and dredging of the Whakatāne River; installation of navigation aids in the CMA; construction of moorings and associated infrastructure within the boat harbour, including parking areas; construction of a technical training centre, maintenance facilities and other buildings, and associated works. It may also involve disturbance of a wetland and restoration of degraded wetlands, subject to the final location for the boat harbour channel entrance.

5. Projects and Significant Consents

5.1 Notable Applications and Hearings

5.1.1 Ziwi Limited – Discharge to air (odour)

The notification period for the Mount Maunganui based pet food manufacturers, Ziwi Limited, closed on the 18 Jun 21 with 123 submissions. There was one submission in support, three with conditional support and 119 in opposition of which 25 submitters wish to be heard. A hearing has been tentatively scheduled for middle of September 2021. The purpose of the application is to consent the discharge of contaminants to air (odour) associated with pet food manufacturing processes by application of heat within an enclosed plant.

5.1.2 Rotorua Lakes Council Waste Water Treatment Plant – Discharge to water

Rotorua Lakes Council (RLC) advised the Environment Court that there has been a change in circumstances relating to the proposed waste water discharge to Lake Rotorua. In response to significant opposition from Te Awara Lakes Trust and the community, Central North Island Iwi Holdings Limited (CNI), as the land owner of Whakarewarewa Forest, offered the use of land within the forest for short and medium term discharge options while RLC explores long term discharge options.

RLC have now withdrawn their application to discharge treated wastewater into Lake Rotorua from the Environment Court direct referral process and withdrawn their application to Bay of Plenty Regional Council. They have also lodged an application to continue with the existing discharge to the forest in the short term. Another application is expected to be submitted to consent the medium term discharge to another part of the forest. Any consents granted for the medium term solution will need to expire no later than 2043, which is when CNI, a post treaty settlement entity, ceases to exist.

5.1.3 Waka Kotahi – Stream works to maintain an SH2 bridge over Pongakawa Stream

Ngāti Pikiao Environmental Society have lodged an appeal against a decision to grant consent to Waka Kotahi (New Zealand Transport Agency) for works associated with the state highway bridge crossing of the Pongakawa Stream. The application was processed without notification, so Ngāti Pikiao Environmental Society may not have the legal ability to appeal the decision (Section 120 of the Resource Management Act (RMA) says that the consent holder or a submitter may appeal).

Ngāti Pikiao provided a cultural impact assessment as part of the consent process which focussed on the effects of the state highway network on the Pongakawa Stream, the Little Waihi Estuary and the Ngāti Pikiao rohe in general rather than the effects of the erosion protection works. Key concerns related to the environmental impacts of road infrastructure and other land uses in the wider catchment, which have contributed to a declining environmental state.

Waka Kotahi is in ongoing discussions with Ngāti Pikiao about options for a wider agreement/Memorandum of Understanding (MOU). The applicant advised that these discussions will not be resolved within the timeframe of this application. At the time of processing the consent, staff considered that a wider MOU was outside the scope of the application and that Ngāti Pikiao had not objected to the application so any actual or potential adverse effects on Ngāti Pikiao from the proposal were appropriately mitigated.

5.1.4 Genera Limited – Discharge to air (fumigation)

335 submissions have been received in relation to the Genera Limited application to discharge contaminants to air from fumigation for quarantine application or pre-shipment application at the Port of Tauranga. This is the largest number of submissions received on a consent application (at least in recent history), significantly more than the 149 submissions received on the Rena application. Of the Genera submissions, 314 are opposed and 14 are in support. 52 submitters have stated that they wish to be heard at a hearing.

5.1.5 Rotorua Lakes Structures

Toi Moana coordinates the approval processes for lake structure owners for the Rotorua Lakes. Structures require consent from Toi Moana and may also require various approvals from Te Arawa Lakes Trust, Land Information New Zealand, Department of Conservation, and Rotorua Lakes Council.

We put together specific packs for each structure owner so that they get all the relevant paperwork together and then distribute it to the relevant agencies once it has been returned. After a significant amount of work all 601 required packs have been sent out, and 555 packs (93%) have been received back. As part of the process, Toi Moana commissioned a series of cultural mapping reports which were facilitated and written by Te Arawa Lakes Trust following engagement with relevant iwi and hapū. These reports identified whether each structure had effects that were, in the views of tangata whenua, less than minor, minor, or more than minor and have been used to inform Council’s notification decisions.

Consents have so far been granted for seven structures on Lake Rotomā, fourteen structures on Lake Tarawera, and sixty-two structures on Lake Rotorua. Those Lake Tarawera structures identified as having minor or more than minor adverse cultural effects will be limited notified to Te Arawa Lakes Trust, Tūhourangi, Ngāti Rangitihi and Ngāti Raukawa.

5.1.6 Timaru Oils Services Limited – Proposed Tank Farm

Independent commissioner Gina Sweetman declined the consent applications from Timaru Oil Services Limited (TOSL) associated with their proposed tank farm near Whareroa Marae. The decision stated:

There are many elements of this proposal that weigh positively in favour of granting consent, particularly the regional council components. In that regard, I consider the proposal as it stands and the methods and conditions offered by the applicant would appropriately avoid, remedy or mitigate any adverse effects and be consistent with the planning instruments.

However, as I have discussed earlier, the reasons the proposal requires consent from the regional council are as a result of establishing the activity itself, a matter that is managed through the City Plan. While the proposal sits comfortably with some of the City Plan provisions, again these are secondary to the activity itself. Simply, the applicant seeks to establish an over height tank farm adjacent to and visible from an existing established sensitive area, that is of great significance to tangata whenua and where they live, work and play. I agree with the applicant that the proposal will sit within a context of large established industrial buildings and structures. However, contrary to the applicant’s and consistent with the TCC’s view, I find that this sits unfavourably against the application.

The applicant has not provided on‐site mitigation for the visual amenity effects, citing requirements on containment measures to be provided on site instead. I have also carefully considered the likelihood of the existing planting in Taiaho Place being removed, which provides some level of relief to Whareroa Marae. As the TCC Manager has identified, there is a risk it may be removed, and if it was, I prefer Ms. Ryder’s evidence that the effects would be high, and unacceptable. Irrespective, it is well established case law that mitigation on a third party’s property cannot be considered without that party’s express approval.

I have carefully considered the positive effects that may arise should consent be granted and the reasons why the applicant sought to establish the tank farm at such a bulk and location, without onsite mitigation. In my view, these do not outweigh the visual amenity and cultural effects arising from the primary reason for the consent, which I find are unacceptable and inconsistent with the relevant objectives and policies in the RPS and City Plan.

For this reason, I find that consent cannot be granted.

TOSL appealed the decision made on behalf of BOPRC and TCC to decline the consent application associated with their proposed tank farm near Whareroa Marae. They believe the proposal achieves the purpose of sustainable management as set out in Part 2 of the RMA, will have minor or less than minor effects on the environment, and provides for reasonable and appropriate measures to avoid, remedy and mitigate the effects of allowing the proposal on the environment. Specifically, TOSL consider that the commissioner placed too much weight on the potential that vegetation on land that is not the application site may be removed in the future and on the potential landscape and visual effects of the proposal, while not having sufficient regard to bulk, location, and scale of buildings that are provided for in permitted activity standards in the Industry Zone (Tauranga City Plan).

Following court assisted mediation between Whareroa Marae, TCC, BOPRC, and TOSL representatives, and discussions between TOSL and Port of Tauranga, TOSL have advised that they intend to withdraw their appeal of the decision to refuse consent to the proposed tank farm near Whareroa Marae.

5.1.7 Ngāti Tūwharetoa Geothermal Assets Limited – Discharge (Geothermal Fluid)

A hearing was held on the Ngāti Tūwharetoa Geothermal Assets Limited application to continue their discharge of geothermal fluid to the river for another 14 years.

The Officer’s Report recommended that two years be provided (not 14). The application was opposed by Ngati Awa due to adverse cultural effects on the river and Ngati Awa supported the Officer’s Report recommendation for two years. At the hearing, Ngati Awa acknowledged the high quality of the report; and the commissioners' decision refers to the report a lot as well as including direct quotes.

The decision provides NTGA with three years to switch to reinjection rather than the 14 years sought. Staff understand that NTGA are likely to appeal the decision.

NTGA) have appealed the decision to allow three years to achieve reinjection of used geothermal fluid rather than discharging to the Tarawera River. Staff understand that NTGA are keen to mediate with Council and Te Rūnanga o Ngāti Awa to see whether more time can be agreed on.

5.2 Court Processes

5.2.1 Cresswell New Zealand Limited

The Court of Appeal will hear the appeal of the High Court’s decision on the Creswell water bottling application, with a timetable to be determined. This follows consents being granted by Whakatāne District Council and Toi Moana, and those decisions upheld by both the Environment Court and the High Court.

The Environment Court and the High Court have both awarded Creswell costs against both Sustainable Otakiri, who only appealed the Whakatāne District Council decision and Te Rūnanga o Ngāti Awa (TRONA), Ngāti Pikiao, and Ngāi Te Rangi. The Environment Court felt that TRONA’s case was appropriately supported by tangata whenua and expert evidence but some of the main arguments advanced, such as the end use of putting water in plastic bottles a exporting the bottled water, were found by the majority of the Court to be beyond the scope of consideration.

It was also recognised that there was an element to some of the issues pursued that could not be raised before the Court and should have been pursued elsewhere. The execution of the costs decision is stayed pending the determination of Court of Appeal process. Council did not seek costs against the iwi parties in either process.

5.2.2 Transpower New Zealand Limited

Transpower have sought leave to appeal the decision of the High Court to the Court of Appeal and both Tauranga City Council and Toi Moana consented to the application to realign transmission infrastructure across Rangataua Bay between Maungatapu and Matapihi. This follows consent being granted by both Tauranga City Council and Toi Moana, that decision being upheld in the Environment Court and the Environment Court decision being quashed by the High Court (the matter was referred back to the Environment Court).

The key consideration for leave is whether the matter raises issues of general or public interest and we think this case clearly fits into that category.

Recognising that the High Court will be seen as a win for tangata whenua, the main reason for our decision is that the High Court decision creates significant uncertainty for resource consent decision making. The key issues requiring clarification are:

- Whether an infrastructure development which might cause adverse environmental or cultural effects must not proceed if there is an alternative which is technically possible although not financially feasible;

- Whether we as a consent authority must undertake an assessment of alternatives to a proposal including cost considerations, rather than assessing whether the applicant’s options assessment was sufficiently comprehensive. This would be a significant departure from a long established consenting practice.

- Whether the NZ Coastal Policy Statement and Regional Plan provide for “cultural bottom lines” akin to “environmental bottom lines”, which would enable tangata whenua with a strong connection to a subject site to effectively veto development in that area through opposition to a proposal. We do not challenge the significance of Rangataua Bay or Te Awanui to Ngāti He;

At the time of writing a decision had not been made on Transpower’s application for leave to appeal the High Court decision.

6. Considerations

6.1 Risks and Mitigations

There are no new risks associated with the matters reported here.

6.2 Climate Change

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

6.3 Implications for Māori

The consenting process results in almost every applicant engaging with tangata whenua about their proposal, and staff have regular contact with iwi and hapu resource management representatives. However, the engagement process for resource consents can be frustrating for both tangata whenua and applicants and improving the way we engage continues to be one the main focus areas for the team.

6.4 Community Engagement

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

6.5 Financial Implications

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

7. Next Steps

This year has been a successful year for the consents team, meeting all KPIs while managing an increase in workload by around 30%. The team has become more efficient and improved in some key areas, which are leading to better decisions and ultimately enhancing community outcomes. The team will continue to focus on these targeted areas in order to continue providing a better service to our customers.

There is a programme of work on the horizon to manage the renewal process of a large number of consents that are due to expire and need replacements in 2026 (approximately 1000 applications are expected). More than half (around 600) of these renewals are water takes which were granted prior to the RMA coming into force in 1991.

Only limited work to prepare for these applications can be done ahead of new planning provisions being notified in mid-2024. The details of those planning provisions will largely determine how efficiently these applications can be processed. For example, a water allocation framework that recognises and provides for cultural values and the relationship of tangata whenua with water has the potential to remove the requirement for engagement on individual consent applications, with benefits for tangata whenua, applications, and Council. Staff will also implement lessons learnt from the lake structures re-consenting project mentioned above in preparation for 2026.



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Writer:	Alicia Burningham, Programme Coordinator Integrated Catchments and Jane Palmer, Senior Planner Climate Change
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To provide an update on the Climate Change Programme.

Climate Change Programme Reporting

Executive Summary

This report provides a biannual update on the delivery of climate change actions set out in the revised Climate Change Action Plan, adopted on 4 August by the Strategy and Policy Committee. Monitoring and reporting on these actions occurs through the Climate Change Programme, covering the action plan projects along with related operational activities across the organisation.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Climate Change Programme Reporting.

1. Introduction

Climate change is a strategic priority for the Bay of Plenty Regional Council. Council has a focus on ensuring the region is adapting to the changing climate and on helping to facilitate a community-wide transition to a low carbon economy.

The detailed climate change actions are being managed through the Climate Change Programme, ensuring coordinated delivery, monitoring and reporting.

1.1 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
Safe and Resilient Communities	We provide systems and information to increase understanding of natural hazard risks and climate change impacts.
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We look to partnerships for best outcomes.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

¨ Cultural

þ Social

¨ Economic

2. Climate Change Programme Update

The revised Climate Change Action Plan, adopted by Council at the 4 August Strategy and Policy Committee meeting, identified 19 Action Plan projects aligned to four goals:

1. Bay of Plenty Regional Council is net zero carbon by 2050

2. Reducing regional greenhouse gas emissions

3. As a region we understand, are preparing for and adapting to a changing climate

4. Our Bay of Plenty community is aware, engaged and resilient

This revised Action Plan provides the framework for the bi-annual reporting, as covered in the following sections.

2.1 Action Plan Projects

Ref	Project	Progress	AP Goals
1	Staff Travel Plan	Developing implementation plan	1&2
2	Wetland Carbon Sequestration study	Initial scoping commencing, will engage consultant	2
3	BayTrust Nature Carbon Programme	Await project plan from BayTrust/Ekos	2
4	Electric Vehicle (EV) charging infrastructure analysis	Planned for Q2/3	2
5	Bus decarbonisation feasibility study	Planned to start in Q2	2
6	BOP regional carbon footprint	Engaging consultant. Project expected to take 6 months once underway.	2 & 4
7	Primary industry greenhouse gas emissions analysis	Planned for Q3/4 once update to regional carbon footprint is complete	2 & 4
8	Wednesday Challenge	Third party project. Dependant on funding being secured from other parties	2 & 4
9	Sustainable Homes Scheme	Project kicked off and initial direction from Council sought at 4 August Strategy and Policy Committee meeting	2 & 4
10	Regional Business Support	Tauranga workshop on the Climate Action toolbox was held on 27 July, run by Priority One, Sustainable Business Network and Tauranga City Council. Discussions underway with Priority One to run similar workshops across the region	2 & 4
11	FutureFit carbon footprint tool	Investigating Regional Council subscription options	2 & 4
12	Tourism BOP Low Carbon Economy Programme	Third party project. Contracting underway - milestones TBC	2 & 4
13	Climate change region wide adaptation	Regional risk assessment pilot took place on 17 May and resulted in useful learnings to take forward to a full regional risk assessment. Currently engaging a consultant to undertake this work	3 & 4
14	Climate change community & iwi led adaptation	Te Arawa Kaupapa Maori pilot completed. Submissions of interest from interested groups for the current year’s funding will be sought in the next few weeks.	3 & 4
15	Lifelines utilities climate change risk assessment	Final report received from Tonkin and Taylor.	3 & 4
16	Climate Change Resilience Whakatane Tauranga Rivers Catchment Project	Working with Community Engagement team to put together engagement plan for this project.	3 & 4
17	Climate change narrative and story maps	The layout and format for the story maps has been tested internally. The maps are now being populated with the range of climate impact data and expect to be published on the website in September.	3 & 4
18	Cost Care Life's a Beach climate change module	Work underway with Coastcare to update module	3 & 4
19	Priority One business support	Third party project. Contracting underway - milestones TBC	4

2.2 Other projects

Project	Progress
Implement Communications Strategy	Plan updated and rolling out internally & externally
Ministry for the Environment’s ‘Our Climate Future’ Exhibition	We are looking to host this exhibition across the region in 2022 in collaboration with our TAs

2.3 Climate change related funding

Organisation	Progress
Tourism BOP	See Action Plan project no 12 - Tourism BOP Low Carbon Economy Programme
Priority One	See Action Plan project no 19 - Priority One business support
Sustainable BOP Trust	Contracting underway - milestones TBC
Envirohub	Contracting underway - milestones TBC

2.4 Operational Delivery – Other work of relevance to climate change

Team	Delivery
Corporate	Touti Carbon Reduce Certification – Renewal audit due October 2021. Waste Reduction and Reporting Systems – Process in place to measure waste volumes. Figures will contribute to Toitu audit 2020/21. Fleet Management – Seven additional electric vehicles on order to be received by the end of 2021. Fleet utilisation study completed, will inform Toitu audit. Emission Management and Reduction Plan – 2021/22 figures to be included in Toitu audit, Oct 2021 (achieved 8% reduction 2018/19 – 2019/20). Electricity is the second largest source of emissions. Energy audit looking at opportunities to reduce energy consumption as an organisation has been completed.
	Corporate emissions (tonnesCO₂e)
	2018/19	2019/20
	1,159	1,066
Integrated Catchment Management	775,000 trees, shrubs and sedges/rushes planted during the 2020/21 planting season. Predicted to remove 180,000 tonnes of CO2 from the atmosphere after 50 years growth, and 307,500 tonnes after 80 years. Working with The Nature Conservancy to support the inclusion of Sargent Road (Tauranga Moana) as a technical assessment site as part of their pre-feasibility study on New Zealand blue carbon and resilience credits. There has been a substantial increase in planting numbers compared to 2019/20 due to new co-funding from other partners including the MPI "One Billion Trees" programme and the MfE Jobs For Nature funding.
	Carbon sequestration from planting after 80 years (tonnesCO₂e)
	2019/20	2020/21
	38,000	307,500
	250,000 plantings	775,000 plantings
Policy & Planning	Staff represented on Ministry for the Environment national working group to develop guidelines for local government climate change risk assessments
Public Transport	5 electric buses: estimated annual emissions reduction of 174 tonnes CO₂e in 2020/21 (figures based on actual kms travelled provided by NZ Bus. 2019/20 figures were based on estimated kms by routes travelled in 2019/20). Total estimated emissions of 5,560 tonnes CO₂e from the entire bus fleet over 2020/21. 63 percent increase in school bus patronage compared to 2019/20 (noting that this includes the COVID lockdown over March/April 2020).
	Emissions reductions from electric buses (tonnesCO₂e)
	2019/20	2020/21
	590	174
	5 buses	5 buses

2.5 Regional Carbon Footprint

Councillors have requested further information on the presentation of the regional carbon footprint in terms of gross emissions versus net emissions. Figure 1 compares the presentation of the regional footprint by gross and net emissions.

Figure 1: Regional Carbon Footprint 2015/16 comparison of gross emissions excluding forestry (left) and net emissions including forestry (right)

Net emissions differ from gross emissions because they include emissions related to forestry activity within an area. Maturing forests sequester (capture) carbon in trees and wood products. Harvesting of forests increases emissions via the release of carbon from plants and soils. Forest carbon stocks therefore change as a result of afforestation, reforestation, harvesting and forest management; the resulting emissions are heavily influenced by the amount of harvesting that takes place in any given year.

In 2015/16, emissions from harvesting within the region were greater than carbon sequestered from the atmosphere; hence net emissions were greater than gross emissions (Figure 2).

Figure 2: Summary of Forestry Emissions and Sequestration 2015/16 - Bay of Plenty

Assuming that the total area used for forestry activities remains similar (i.e. all forests harvested are being replanted) the overall carbon balance balance of the region’s forestry sector over a 50-100 year period is expected to neutral. Increasing the forest area will reduce the overall net emissions of the region and lead to net sequestration (as long as these areas remain in forest), while reducing the forest area will result in net emissions to the atmosphere.

Net emissions reporting can obscure the true picture of the size of emissions. Gross emissions reporting is required by the international standard of the Global Protocol for Community Scale Greenhouse Gas Emissions Inventory (GPC) to provide a fairer comparison of footprints. Gross emissions reporting enables clear information, baselines and targets to be addressed by local authority policies and initiatives.

3. Considerations

3.1 Risks and Mitigations

Climate change is listed on BOPRC’s Key Risk Register, due to the impact this will have on Regional Council’s decision making processes over the longer term.

Late in 2020, BOPRC completed an internal audit review of Climate Change Impacts Risks and Mitigations, as per the 2020/21 Internal Audit Work Plan. Based on the results of the review, the overall rating was Adequate. This reflects that BOPRC is able to demonstrate it is performing a majority of the mitigations listed in the Key Risk Register, with minor improvements recommended.

3.2 Climate Change

Mitigation			Adaptation
Reduce GHG emissions	Produce GHG emissions	Sequester carbon	Anticipate climate change impacts	Respond to climate change impacts
☒	☐	☒	☒	☒

The Climate Change Programme delivers, monitors and reports on Council’s response to climate change in terms of priorities and actions around both mitigation and adaptation.

3.3 Implications for Māori

Climate change is of interest to Māori as it is to the whole community. Māori have particular interest around the impacts of climate change on land and land use – and in climate change adaptation where coastal areas are subject to sea level rise and the likely impact of more intense weather events.

Climate change is beginning to be identified specifically in iwi management plans with the inclusion of natural hazards as a key topic. Providing accessible and useful information around the climate impacts and hazard risks for the region through our climate change story maps (Action Plan project 17) will help to inform the response by iwi and hapu. The funding we are providing for iwi-led adaptation planning (Action Plan project 14), building on the Te Arawa pilot, will further support iwi to develop their climate change understanding and response.

3.4 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

There is no community engagement required in relation to the content of this paper. However, engaging with our community around climate change and specific actions related to climate change is a core part of our climate change work programme.

3.5 Financial Implications

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

4. Next Steps

The Climate Change Programme will report back to Council twice yearly. Council will be kept updated on changes in legislation as a result of direction received from Central Government.



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Writer:	Bruce Crabbe, Rivers and Drainage Operations Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	Report on Rivers and Drainage Operations activities, as outlined in the Environmental Code of Practice 2019.

Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2021 Annual Review

Executive Summary

Rivers and drainage scheme routine operational works are generally authorised by permitted activity under the Regional Natural Resources Plan^{^[1]}, subject to a range of conditions including that works are carried out in accordance with the Environmental Code of Practice for Rivers and Drainage Maintenance Activities.

One of the requirements of the Code of Practice is to report annually to Council. This report covers rivers and drainage maintenance activities for the 2020-2021 financial year.

Overall, 1,403 separate rivers and drainage maintenance activities were carried out during the 2020-2021 financial year, and 19 complaints were received and investigated (see attachment 3).

55 Hapū and Iwi Management Plans are currently in existence and these guide and inform operations activities and consultation.

Recommendations

That the Monitoring and Operations Committee:

1. Receives the report, Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2021 Annual Review.

1. Introduction

The Environmental Code of Practice 2019 (ECoP) covers maintenance activities undertaken by the Rivers and Drainage Operations Section of Bay of Plenty Regional Council (BOPRC), on the major river schemes and drainage control schemes in the Bay of Plenty region.

The purpose of the ECoP is to set out operational procedures that will apply to all maintenance activities on major rivers and drainage schemes, regardless of whether an activity requires a consent or not.

Section 6.2.6 of the ECoP requires an annual report, covering the following:

a. Number of complaints and corrective action(s) taken

b. Summary of recommended changes to procedures resulting from comments made in checklists

c. Analysis of types of work carried out, and any areas where complaints or problems continue to occur

d. Recommendation whether an independent audit is required

e. Listing of authorised Iwi Management Plans

This review is not a formal audit. An audit is to be undertaken once in every five year period, of at least 3% and up 10% of any works carried out in a single year.

This annual review covers the period from 1 July 2020 to 30 June 2021.

1.1 Legislative Framework

Soil Conservation and Rivers Control Act 1941

Land Drainage Act 1908 and the Rangitāiki Land Drainage Act 1956

Resource Management Act 1991

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

High - Positive

þ Economic

High - Positive

The Rivers & Drainage Operations activities provide and maintain important, long-term infrastructure which supports our community by protecting people, property and livelihoods from flooding and land drainage issues.

2. 2020 Review

2.1 Rivers and Drainage Operations Activities

Rivers and Drainage Operations team undertake a range of activities, as listed in Part 4 of the ECoP.

Activities include, but are not limited to: vegetative protection works, hard engineering protection works, river channel maintenance works, drainage management and flood protection works.

Major floodgate, pump station and stopbank construction projects do not have Environmental Guidelines prepared for them, as they are generally covered by project-specific resource consents. Maintenance of stopbanks and floodgates is set out in the Rivers and Drainage Asset Management Plan.

2.2 Review of procedures

2.2.1 Complaints

Minor concerns and enquiries are not recorded, and generally can be addressed verbally. A complaint is considered major, or formal, where some investigation and written acknowledgement is required.

Formal complaints are recorded in the Complaints Register. The register includes details of when the complaint was received, complainant’s details, investigation, remedial actions and information provided back to the complainant.

There were 19 complaints received in the 2020/2021 financial year. The details of complaints were varied, including:

· Perceived lack of maintenance from BOPRC resulting in drainage and erosion issues

· Opposition to tree maintenance/removal works. In these instances, the reasons for the maintenance has been explained and accepted by the complainants.

· Elevated arsenic contamination of sediment in Factory Drain in Te Puke has been an ongoing issue that BOPRC is working through with the complainant.

· River works diminishing trout habitat values.

· There was also a series of serious complaints made by a single member of the public, which were referred to the CE and police.

Some complaints were referred to other teams within the organisation to be resolved.

All minor complaints have been responded to directly, and where appropriate, procedures have been put in place to prevent similar events.

2.2.2 Consultation

Landowners and occupiers are consulted or notified (where appropriate) when works are proposed on their property or boundaries. Consultation is undertaken by phone (or in person if appropriate) by the Works Coordinator/Foreman responsible for the job.

Significant effort is being applied to collaborating with Iwi/Hapū groups for works planned in their respective rohe to improve consultation/collaboration (refer 2.4 below).

Works Notifications are sent via email on a weekly basis, outlining the river, location, river distance, and type of works planned for the following week. At present there are 73 recipients of the weekly notification and this number grows as collaborative discussions take place with Iwi/Hapū teams. All work sites in the notification are also uploaded to ArcGIS, and an embedded link in the weekly notification email shows where the planned works are located on an aerial photo-map.

Consultation with landowners is an informal process, and is not recorded.

2.2.3 Recommended changes

The current version of the ECoP has been in place since 2019, and this is its second annual review. An annual review is a requirement of the ECoP.

It is recommended that more efficient internal reporting on completed works commence to assist with future reporting.

2.2.4 Analysis of works

Works continue to be recorded using the Fulcrum data collection application, whilst the organisation transitions to a TechOne Asset Management system which will capture data and report on activities taking place within the schemes. Both systems are used to record works.

On inspection of Fulcrum records, it does not appear that all works are being signed off with a Works Completion. More rigorous checking needs to occur, to ensure works are being completed in accordance with the ECoP.

A summary of the types of rivers and drainage works completed during 2020/2021 follows. A detailed list of completed works by scheme can be found in Appendix 2.

	Types of Works	Total Completed (All Schemes)	Total Completed (Flood Repair Project)
1.	Vegetative protection works	147	4
2.	Hard engineering protection works	46	35
3.	River channel maintenance works	205	-
4.	Drainage management	498	-
5.	Flood protection works	468	-

2.2.5 Independent Audit

An Independent Audit is not recommended at this time. The ECoP has only recently been renewed (FY2018/19). Independent audit is recommended every five years approximately.

2.2.6 Hapū/Iwi Resource Management Plans (HIMP)

Hapū/Iwi Resource Management Plans (HIMP) are documents developed and approved by hapū and/or iwi. These plans describe resource management issues of importance to them as tangata whenua.

The plans may also contain information relating to specific cultural values, historical accounts, descriptions of areas of interest (hapū/iwi boundaries/rohe) and consultation/engagement protocols for resource consents and/or plan changes.

A list of HIMPs are included in attachment 1.

3. Considerations

3.1 Climate Change

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

3.2 Implications for Māori

Council acknowledges that the relationships it has with Māori are central to the fulfilment of its statutory responsibilities and will continue to utilise a range of different mechanisms to engage with the wider Māori community and ensure Māori views are appropriately represented in the decision-making process.

At an operational level, efforts to engage with Māori are ongoing through various forums including the established co-governance groups (e.g. Rangitāiki River Forum and Te Maru o Kaituna).

At an operational level staff are working hard to work more collaboratively with Iwi/Hapū to discuss and agree on work programmes and working with Iwi/Hapū contractors if resources and skills are appropriate. Collaborative hui have been held with Hapū river committees including Ngāti Ira, Ngāi Tamahaua, Ngāti Awa, Ngāti Manawa, Ngāti Rangitihi and Tapuika.

All operational works in the Tūhoe rohe remain on hold currently while Te Uru Taumatua engages with its Hapū groups.

3.3 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

3.4 Financial Implications

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

4. Next Steps

Deliver works and services in keeping with the Environmental Code of Practice 2019.

Attachments

Attachment 1 - Hapu/Iwi Resource Management Plans (HIMP) ⇩

Attachment 2 - Table of completed Rivers and Drainage Operations Works ⇩

Attachment 3 - Rivers and Drainage Operations Complaints Register ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	7 September 2021
Report Writer:	Paula Chapman, Project Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	The purpose of this report is to provide the Committee with an overview of the delivery of the Rivers and Drainage operational and capital works programmed during the 2020-21 year.

Rivers and Drainage, Operational and Capital Works 2020-21

Executive Summary

The capital works programme is focussed on the managed River Schemes across the region. The purpose of the programme is to meet and maintain levels of service agreed with the community through the provision of flood protection, drainage and erosion control assets.

The 2020-21 financial year provided for the delivery of a significant Rivers and Drainage Operational and Capital Works Programme of $42,722,800. The programme included, maintenance works across all managed schemes, operationally focused upgrades, new and upgraded assets, investigation and modelling, flood repairs and further stages of the Rangitāiki Floodway.

Based on the revised 2020-21 budget and excluding April 2017 flood repair project savings, over 74% of the capital works programme was delivered in 2020-21. This is an encouraging result given the number, variety and complexity of projects.

All maintenance work in managed river schemes was delivered in keeping with the 2020-21 programme.

Carry forwards into the 2021-22 financial year of approximately 19% provide for work in progress for multiyear projects.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Rivers and Drainage, Operational and Capital Works 2020-21.

1. Introduction

Each year the Council outlines its operational and capital works programme in the Long Term Plan or Annual Plan. This information derives from the relevant Asset Management Plan and incorporates any changes or variations to the programme for that Annual Plan year.

For the 2020-2021 financial year, the Rivers and Drainage Assets activity included a total works programme of $42,722,800. This programme was spread across the various river schemes as follows:

While the programme covers all of the Council’s Rivers and Drainage schemes across the region, over 62% was associated with the Rangitāiki-Tarawera Rivers Scheme and the Rangitāiki Drainage Scheme.

This report provides information on the delivery of key projects for 2020-21 and in particular those with significant variations in cost, scope or timing.

1.1 Legislative Framework

Under the Local Government Act 2002, regional authorities are responsible for the provision and control of river scheme assets. The Council manages and maintains the River Schemes under the Soil Conservation and Rivers Control Act 1941 and in keeping with its Rivers and Drainage Asset Management Plans. These plans include levels of service and flood protection that the Council provides for the community.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

We work with our partners to develop plans and policies, and we lead and enable our communities to respond and recover from an emergency.

A Vibrant Region

We invest appropriately in infrastructure to support sustainable development.

The Way We Work

We deliver value to our ratepayers and our customers.

The capital works programme is monitored consistently, reported monthly to the Rivers and Drainage and Engineering Management Team, twice annually at each river advisory group meeting, and to Council within each of the three monthly Arotake reports and the Annual Report.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Low - Negative

þ Social

High - Positive

þ Economic

High - Positive

The capital works programme is focussed on the managed River and Drainage Schemes across the region. The purpose of the programme is to meet and maintain the levels of service agreed with the community through the provision of flood protection, drainage and erosion control assets.

2. Programme Delivery

2.1 Operational and Capital Works – Management

2.1.1 Works Delivery

The delivery of the works programme for Rivers and Drainage spans three council teams.

Rivers and Drainage Operations team deliver those parts of the programme aligned with existing operational infrastructure e.g. maintenance, upgrades to existing flood gates, pump stations and renewal of erosion control assets.

The Rivers and Drainage Assets team are delivering the flood repair project and lead strategic work associated with asset management planning, consents and bylaw development.

The Engineering team deliver the majority of the Rivers and Drainage capital works programme and major maintenance projects in keeping with their specialist engineering skills

2.1.2 Procurement

Capital works are procured in keeping with the Council’s procurement strategy or specific Council approved procurement plan. For the larger works, this involves an open or selected tender process. For lower value works, it largely involves request for quotations from Council’s panel contractors.

2.2 Key Projects

2.2.1 April 2017 Flood Repair Project

The April 2017 Flood Repair Project is now 4 years into the initial 4-year programme and is approximately 96% complete.

There are a minor number of works in the Rangitāiki-Tarawera and Whakatāne-Tauranga Rivers Schemes, which will be carried forward into 2021/22.

The cost to complete the remaining programme is well under the original estimates. Revenue recovery this year is reflective of that expenditure savings.

The April 2017 flood repair work will continue into 2021/22

Expenditure Budget 2020/21: $11,300,000

Expenditure Actual 2020/21: $4,257,725

Revenue Budget 2020/21: ($3,540,001)

Revenue Actual 2020/21: ($1,123,536)

2.2.2 Rivers Scheme Maintenance and Annual Flood Damage

Maintenance works comprise activities that ensure the drainage and river networks are operational and providing the agreed level of service.

This work includes desilting, de-weeding, weed spraying, pump station operation, vegetation control, erosion and stopbank repairs, floodgate and floodway maintenance and associated habitat enhancement works and budgeted annual flood damage.

Maintenance programmes in all the schemes were delivered on budget and to programme (99%).

Maintenance completed

Budget 2020/21: $11,264,000

Actual 2020/21: $11,097,919

2.3 Kaituna Catchment Control Scheme Projects

2.3.1 Utuhina Stream Mitigation

The primary purpose of this project is to review the capacity of the existing stopbank infrastructure and design any mitigation needed to maintain or achieve the agreed level of service.

The capacity review has been completed however; the modelling of mitigation options has been delayed to allow for the ramifications of Rotorua Lakes Council Plan Change 2 (PC2). Considerable resource was directed to provide input into this plan change.

The resulting mitigation options construction will be pushed out to 2022/23.

Modelling work will continue into 2021/22

Budget 2020/21: $467,000

Actual 2020/21: $83,576

2.3.2 Ford Road Pump Station – Upgrade Project

The purpose of the Ford Road Pump Station upgrade is to maintain levels of service for drainage and flood mitigation, improve operational and discharge quality issues, and allow for climate change. A number of options were assessed and 2 were identified for more detailed concept design, modelling, consultation and cost estimating.

The project was placed on hold once detailed cost estimates were produced as a significant increase of budget was required.

Council has now confirmed the increased budget for Option 1 (additional pump capacity at the existing Diagonal Drain site) in the LTP 2021 -2031.

Design of the Ford Road pump station upgrade project will continue into 2021/22

Budget 2020/21: $321,000

Actual 2020/21: $124,782

2.3.3 Te Puke Stormwater Project - Modelling

This modelling will quantify the extent that development in Te Puke is affecting the Kaituna Scheme. The work is a continuation from 2019/20.

Progress has been slow due to modeller availability. Completion of the modelling and optioneering will be undertaken in 2021/22. This will delay the resulting mitigation stage to 2022/23.

Modelling work will continue into 2021/22

Budget 2020/21: $244,000

Actual 2020/21: $83,576

2.3.4 Kaituna Mole – Upgrade

Refurbishment of the Kaituna Mole is underway with completion and landscaping planned for 2021/22.

The start date of the civil works was adjusted to allow for procurement delays (sheet pile supply from overseas).

This project has attracted Central Government Climate Resilience Funding.

Construction work scheduled to be completed in 2021/22

Budget 2020/21: $1,900,000

Actual 2020/21: $532,324

2.3.5 Ngongotahā Stream Flood Mitigation

This project involves implementing the recommendations of the independent Ngongotahā Stream Review.

Civil works have been delayed to enable additional landowner consultation on the recommended design.

This project has attracted Central Government Climate Resilience Funding.

Construction work scheduled to be completed in 2021/22

Budget 2020/21: $400,000

Actual 2020/21: $19,669

2.3.6 Ngongotahā Stream Catchment Works

This project involves the creation of detention bunds and the removal of large trees that overhang the Ngongotahā Stream.

The first two stages of the detention bunds and the programmed tree removals for the 2020/21 year have been completed.

Additional detention bund stages and programmed tree clearing work to continue in 2021/22

Budget 2020/21: $1,200,000

Actual 2020/21: $670,000

2.3.7 Okere Control Gates – Upgrade

This work involved the staged refurbishment, repair servicing and recalibration of the three gates, lifting mechanisms and control systems. The work began in 2019/20 and was carried over to 2020/21 due to COVID-19 alert level delays.

The project is now complete.

Upgrade completed under budget

Budget 2020/21: $147,000

Actual 2020/21: $128,674

2.3.8 Pump Station Electronics

This work involved the automation of Armer and Marshalls Pump.

Project completed

Budget 2020/21: $21,300

Actual 2020/21: $30,288

2.4 Whakatāne-Tauranga Rivers Scheme Projects

2.4.1 Whakatāne River - Modelling

This work involves a complete a review for the existing Whakatāne River stopbanks from the Whakatāne River/Tauranga River confluence to the Whakatāne River mouth and determine the required stopbank crest levels to meet the scheme level of service.

Modelling work will continue into 2021/22

Budget 2020/21: $25,000

Actual 2020/21: $40,895

2.4.2 Whakatāne River Urban Stopbank and Floodwall Upgrade

The purpose of this project was to assess the capacity of the stopbanks and floodwalls due to rising river levels caused primarily by climate change.

Considerable investigations have taken place and the detailed design phase is almost ready to commence. The detailed design work was delayed to align with Whakatāne District Councils town revitalisation project and to enable further community engagement.

The Quay Street/Kakahoroa Drive work has attracted Central Government Climate Resilience Funding.

Investigation and engagement work will continue into 2021/22

Budget 2020/21: $1,000,000

Actual 2020/21: $557,193

2.4.3 Te Rahu Pump Station – Pipe Replacement

This project involved the replacement of the discharge pipeline to the canal outlet, which was in poor condition and affecting the integrity of the canal stopbank.

The anticipated overspend was approved as an offset against the Whakatāne stopbank project

Project completed

Budget 2020/21: $250,000

Actual 2020/21: $448,361

2.4.4 Culvert Renewals

Renewal work at the Kope-Orini Flood gate was delivered within the maintenance budget.

The maintenance work involved removal and replacement of the concrete and steel that had severely deteriorated.

Project completed

Budget 2020/21: $137,000

Actual 2020/21: $ nil

2.5 Waioeka-Otara Rivers Scheme Projects

2.5.1 Waioeka-Otara Rivers Capacity Review

This work involves the 10-yearly capacity review of the rivers infrastructure to determine whether levels of service are being met. Work was delayed to fit in with the Ōpōtiki Harbour Entrance Project

Modelling work is underway and will be completed in 2021/22.

Capacity review modelling will continue on into 2021/22

Budget 2020/21: $195,500

Actual 2020/21: $117,951

2.5.2 Otara Floodwalls

This project involves undertaking testing of stopbanks and floodwalls and the analysis of results alongside existing information to inform future upgrade works.

Geotechnical investigations underway and will continue into 2021/22

Budget 2020/21: $100,000

Actual 2020/21: $86,599

2.5.3 Peterson-Connor Stopbank Restoration

This work involves strengthening of the Waioeka Floodway stopbanks. Initial options centred on stopbank raising/reinstatement work that would also improve protection against sea storm surges.

This project is on hold pending an alternative estuary wetland restoration option that has attracted Central Government Climate Resilience Funding.

Stopbank restoration work is on hold

Budget 2020/21: $87,000

Actual 2020/21: $ nil

2.5.4 Waioeka Estuary Restoration

This project is to purchase what is known as the Waioeka Floodway, from a private landowner, and then convert it into an estuarine wetland.

Negotiations for purchase have been challenging and have delayed progress.

This project has attracted Central Government Climate Resilience Funding.

Negotiations will continue in 2021/22

Regional Flood Risk Budget 2020/21: $4,000,000

Actual 2020/21: $ 30,465

2.5.5 Gravel Consent Reviews 61321 and 61322

This work involves the renewal of gravel extraction consents on the Waioeka and Otara Rivers. Renewal applications have been submitted and discussions are underway with relevant hapū on options to strengthen hapū involvement.

Renewal of consents will continue into 2021/22

Budget 2020/21:$94,000

Actual 2020/21: $3,407

2.6 Rangitāiki-Tarawera Rivers Scheme Projects

2.6.1 Rangitāiki Floodway

The Rangitāiki Floodway Project is a multi-stage project designed to take pressure off the flood-prone Rangitāiki River by diverting some of its flood flows and by reducing flood levels in the river from upstream of Edgecumbe to the river mouth.

Work in 2020/21 focused on the completion of Stage 7 and construction of Stage 6. Works have progressed well with last portions of Stage 7 and Stage 6c carried over to 2021/22 for completion.

Stage 6 has attracted Central Government Climate Resilience Funding.

Stage 6 and 7 scheduled to be completed in 2021/22

Budget 2020/21: $12,262,000

Actual 2020/21: $8,255,049

2.6.2 Rangitāiki Floodwalls

This project involves work to upgrade and strengthen three existing floodwalls on the Rangitāiki River.

The upgrade of the Greig Road floodwall is now complete. Work on the Thornton floodwall on East Bank Road has commenced and consultation continues on options for the College Road floodwall.

This project has attracted Central Government Climate Resilience Funding.

Floodwall upgrade project will continue into 2021/22

Budget 2020/21: $2,200,000

Actual 2020/21: $1,572,178

2.6.3 Rangitāiki -Tarawera Rivers Scheme - Capacity Review

The aim of this project is to build and run a hydraulic model of the river and floodplain to help assess river and stopbank capacity and systems performance.

The scope involved the entire Rangitāiki–Tarawera Rivers catchment and Rangitāiki Plains Drainage Scheme.

Work has progressed well and the final report has been completed

Project completed

Budget 2020/21: $76,000

Actual 2020/21: $107,070

2.7 Rangitāiki Drainage Scheme Renewals

The upgrade of fish friendly floodgates and culverts at the Awaiti Stream and Orini Wetland have been deferred to 2021/22.

Renewal of scheme assets will continue into 2021/22

Budget 2020/21:$192,000

Actual 2020/21: $ nil

3. Capital Works Programme Performance

Based on the revised 2021-21 budget and excluding the April 2017 flood repair project savings, over 74% of the capital works programme was delivered in 2020-21.

Proposed carry forward funding from 2020-21 amounts to approximately 19% of the total budget with the majority associated with multi-year projects.

By comparison, 80% of the programme with 9% carry forward funding was achieved for the previous financial year.

This year’s result is considered sound given the number, variety and complexity of capital works. Central Government Climate Resilience funding approved early in the year encouraged some project work to be brought forward into 2020-21.

There is a heavy demand on key contractors and consultants in the current economic environment. Much of the work has been dependent on the availability of resources and over the last 12 months, there has been particular demand for contractors in the infrastructure space.

Some projects this year were delayed to enable increased community and stakeholder engagement. Positive engagement outcomes and good communications are key components to the successful delivery of a number of important projects in the programme.

4. Considerations

4.1 Risks and Mitigations

The Rivers and Drainage Asset Management Plan outlines the risk management process for the activity including a framework for asset specific/project specific risks.

4.2 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 Implications for Māori

The overall Rivers and Drainage Capital Works Programmes is included for consultation as part of the Councils Long Term Plan 2021-2031 and the Rivers and Drainage Asset Management Plan 2021-2071.

Each project within the programme requires the consideration of Māori interests, iwi planning documents and consultation as required. Being more proactive and responsive in this area will support the delivery of our operational capital works.

4.4 Financial Implications

The capital works programme features a number of recommended carry forwards for work in progress to the 2021-22 financial year. While some projects were delayed by the previous year’s COVID-19 impact, those lost time positions are now recovered.

The larger multi-year capital works projects are largely on track with some programme slippage provided for through carry forward funding recommendations.

The reasons for programme slippage vary across the projects. Many of the projects are multiyear and multifaceted. Adjustments have been needed to allow for competing district plan changes, overseas supply issues, additional consultation and fitting in with other agencies timelines.

5. Next Steps

5.1 Operational and Capital Works Programme 2021-22

The Rivers and Drainage approved Operational and Capital Works Programme for 2021-22 is $22,465,785. This is inclusive of the various proposed carry forward projects. While somewhat less in dollar quantum than the 2020-21 year the programme is still a significant undertaking for the Rivers and Drainage and Engineering activities.

Resources will need to be well managed, as there are a number of key projects that require comprehensive engagement and communications.

[1] Generally NH Rule 1 for River Schemes and NH Rule 3 for Land Drainage Canals.

Chairperson	Cr Kevin Winters
Deputy Chairperson	Cr Norm Bruning
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Quarterly