Te Maru o Kaituna River Authority Rārangi Take
Agenda

 

NOTICE IS GIVEN that the next meeting of Te Maru o Kaituna River Authority will be held Via Zoom (Audio Visual Meeting) on:

Friday 19 November 2021 COMMENCING AT 9.30 am

 

Dean Flavell

Chairman, Te Maru o Kaituna River Authority

11 November 2021

 


 

Te Maru o Kaituna River Authority

Membership

Chairperson

Dean Flavell (Tapuika Authority Trust)

Deputy Chairperson

Cr Matemoana McDonald (Bay of Plenty Regional Council)

Iwi Members
One representative each appointed by:

Tapuika Iwi Authority Trust

Te Tāhuhu o Tawakeheimoa Trust

 

Te Pumautanga o Te Arawa Trust

 

One member jointly appointed by:

Tapuika Iwi Authority Trust and Te Kapu o Waitaha



Geoff Rice (Alternate)

Nicki Douglas

Erin Thompson (Alternate)

Piki Thomas

Rawiri Kingi (Alternate)

 

Vacant

Council Members
One representative each appointed by:

Bay of Plenty Regional Council

Rotorua Lakes Council

 

Western Bay of Plenty District Council

 

Tauranga City Council



Cr Jane Nees (Alternate)

Mr Nick Chater (Lakes Community Board)

Cr Tania Tapsell (Alternate)

Cr Grant Dally

Deputy Mayor John Scrimgeour (Alternate)

Commissioner Shadrach Rolleston

Commissioner Bill Wasley (Alternate)

Informal Members
Two informal members with voting rights appointed by:

Te Komiti Nui o Ngāti Whakaue

 

Bay of Plenty Regional Council




Maru Tapsell

Manu Pene (Alternate)

Cr Te Taru White

Quorum

The chairperson or deputy chairperson and two members appointed by iwi and two members appointed by the local authority appointing organisations

Meeting frequency

Quarterly

Purpose

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

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

Role

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

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

·                To support integrated and collaborative management of the river.

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

§  to monitor the state of the river environment

§  to monitor the effectiveness of the management of the river

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

·                To provide advice and recommendations to local authorities:

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

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

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

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

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

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

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

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

Decision Making

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

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

Power to Act

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

Power to Recommend

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

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

 


Te Maru o Kaituna River Authority                                                                         19 November 2021

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

 

Rārangi Take
Agenda

1.       Karakia Whakatuwhera
Opening Prayer

2.       Ngā Hōnea
Apologies

3.       Wāhanga Tūmatanui
Public Forum

4.       Ngā Take Tōmuri
Items not on the Agenda

5.       Raupapa o Ngā Take
Order of Business

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

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

8.       Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

8.1      Te Maru o Kaituna River Authority Minutes - 27 August 2021             2

9.       Whakaaturanga
Presentations

9.1      NIWA - Transforming coastal lowland systems threatened by sea-level rise into prosperous communities

Presented by: Darcel Rickard, Scott Stephens and Michael Allis

9.2      Rangiuru Business Park - an overview, a short history on the journey to date, the vision for the Park and engagement with iwi

Presented by: Mel Manley, Scott Hamilton, Mark Hatchman and Mike Horsley - Quayside Holdings Ltd

10.     Ngā Pūrongo
Reports

10.1    Chairperson's Report                                                                               2

Ngā Whakatau e Hiahiatia Ana
Decisions Required

10.2    Essential Freshwater Policy Programme – vision setting, values and environmental outcomes                                                                         2

Attachment 1 - Essential Freshwater Policy Programme update November 2021     2

Hei Pānui Anake
Information Only

10.3    Te Tini a Tuna - Kaituna Action Plan 2020-2022 Status Report           2

Attachment 1 - Te Tini a Tuna - Kaituna Action Plan 2020-2022 Status Report          2

10.4    Update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement                                                                      2

Attachment 1 - Freshwater Planning Process for Proposed Change 5 (Kaituna River)                                                                                                                                                 2

11.     Wāhanga Tūmataiti
Public Excluded Section

Resolution to exclude the public

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

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

Item No.

Subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

When the item can be released into the public

11.1

Public Excluded Te Maru o Kaituna River Authority Minutes - 27 August 2021

As noted in the relevant Minutes.

As noted in the relevant Minutes.

To remain in public excluded.

 

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

11.1    Public Excluded Te Maru o Kaituna River Authority Minutes - 27 August 2021

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

13.     Whakahoki mai i te iwi whānui
Readmit the Public

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

15.     Karakia Kati
Closing Prayer


Te Maru o Kaituna River Authority Minutes

27 August 2021

 

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing:             Friday 27 August 2021, 9.30 am

Venue:                         via Zoom (Audio Visual Meeting)

Heamana

Chairperson:               Dean Flavell (Tapuika Iwi Authority Trust)

Heamana Tuarua

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

Ngā Kopounga

Members:                    Bay of Plenty Regional Council

                                    Cr Jane Nees (Alternate)

 

                                                      Te Tāhuhu o Tawakeheimoa Trust

Nicki Douglas

Erin Thompson (Alternate)

 

Te Pumautanga o Te Arawa

Piki Thomas

 

Rotorua Lakes Council

Nick Chater (Lakes Community Board)

Cr Tania Tapsell (Alternate)

 

Western Bay of Plenty District Council

Cr Grant Dally

Deputy Mayor John Scrimgeour (Alternate) – late arrival

 

Tauranga City Council

Commissioner Shadrach Rolleston

Commissioner Bill Wasley (Alternate)

 

Informal Members:     Te Komiti Nui o Ngāti Whakaue

                                    Maru Tapsell

                                                      Manu Pene (Alternate)

 

                                                      Bay of Plenty Regional Council

                                                      Cr Te Taru White

Te Hunga i Tae Ake

In Attendance:            Bay of Plenty Regional Council: Pim de Monchy - Coastal Catchments Manager, Jo Watts – Senior Planner (Water Policy), Nassah Rolleston-Steed – Principal Advisor, Policy and Planning, Gemma Moleta – Senior Planner (Water Policy), Ashleigh Grant – Kaikarere (Communications Partner), Reuben Gardiner – Senior Planner (Water Policy), Moana Boyd – Senior Planner (RIN), Anaru Vercoe - Pou Whainga - Principal Advisor, Fiona Wood - Programme Coordinator Integrated Catchments, Clarke Koopu – Senior Advisor, Riki-Lee Ainsworth – Planner, Tone Nerdrum Smith – Committee Advisor

 

Western Bay of Plenty District Council: Katy McGinity - Senior Recreation Planner, Peter Watson – Reserves and Facilities Manager,  Matthew Leighton – Senior Policy Analyst

 

External: Karla Kereopa – Ministry for the Environment Te rohe o Te Arawa waka - Relationship Manager

 

Apologies:                  Geoff Rice (Alternate, Tapuika Iwi Authority Trust), Rawiri Kingi (Alternate, Te Pumautanga o Te Arawa Trust), , Cr Matemoana McDonald (Bay of Plenty Regional Council – early departure from subsequent workshop), Cr Te Taru White ( Bay of Plenty Regional Council – early departure from subsequent workshop), Deputy Mayor John Scrimgeour (Alternate, Western Bay of Plenty District Council - late arrival)

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dean Flavell.

2.     Chair’s Opening Statement

Dean Flavell formally opened the Zoom hui, advised that public section of the hui was being recorded and that the recording would be uploaded to the Bay of Plenty Regional Council website: https://www.youtube.com/watch?v=NnX2TKSWJ-w

3.     Ngā Hōnea
Apologies

Resolved

That Te Maru o Kaituna River Authority:

1        Accepts the apologies for early departure from the subsequent workshop from Cr Matemoana McDonald and Cr Te Taru White, for late arrival from Deputy Mayor John Scrimgeour and for absence from Member Geoff Rice (Alternate) and Member Rawiri Kingi (Alternate) tendered at the meeting.

Flavell/White

CARRIED

 

4.     Ngā Take Tōmuri
Items not on the Agenda

5.     Raupapa o Ngā Take
Order of Business

Noted that although there were no new items for the agenda, an email had been received from Tapuika Iwi Authority confirming the appointment of Dean Flavell as its current representative and Geoff Rice as the alternate. This would be covered under the Membership Appointment agenda item.

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

Maru Tapsell noted his status as a Ngāti Whakaue informal member.

7.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

7.1

Te Maru o Kaituna River Authority Minutes - 21 May 2021

 

Resolved

That Te Maru o Kaituna River Authority:

          Confirms Te Maru o Kaituna River Authority Minutes - 21 May 2021 as a true and correct record

McDonald/Chater

CARRIED

 

8.     Whakahoutanga Kōrero
Verbal Updates

8.1

Chairperson's Report

Tabled Document 1 - Kaituna Mole Concept Design - TMoK 27 August 2021: Objective ID A3923471 

Tabled Document 2 - Kaituna Mole Landscape cultural design constructability - TMoK 27 August 2021: Objective ID A3923468   

Verbal Update by Dean Flavell, supported by Pim de Monchy - Coastal Catchments Manager.

 

Key Points:

·    A submission presented to the BOPRC Long Term Plan 2021-2031, seeking funding towards a Secretariat to jointly support the River Authority and the Rangitāiki River Forum, had been successful. The next step would now be to formulate the scope of the Secretariat’s responsibilities.

·    A submission on behalf of the River Authority on Plan Change 5 had been lodged under the signature of Dean Flavell and a copy distributed to Members

·    Provided an update on the AFFCO resource consent and noted that a pre-hearing discussion, which would involve River Authority Members, would take place

·    Noted that the Kaituna Mole was undergoing an upgrade, and as part of that a culturally appropriate design for the new concrete surface had been prepared by Te Kaiamo Okeroa (refer tabled items 1 and 2)

·    The Tukutuku component of the design was provided for within the existing budget, but there was some uncertainty about the extra section, which Council would try to include.

Key Points - Members:

·    The Kaituna Mole design, name and description should reflect its purpose as well as being cognisant of the surrounding environment

 

Items for Staff Follow Up:

·    Members to advise the Chair if they would like to be part of the discussion on the establishment and parameters of the Secretariat.

 

8.2

Nicki Douglas - Te Tāhuhu o Tawakeheimoa Trust: Verbal Update

 

Key Points:

·    Noted funding had been secured towards the Pātaka Kai Project and recognised the support of the team involved, in particular Elva Conroy.

 

8.3

Cr Grant Dally – Western Bay of Plenty District Council: Verbal Update

 

Key Points:

·    Noted that Council had adopted its Long Term Plan 2021-2031 including approval of $50k funding per annum for three years towards the Kaituna Action Plan

·    Bell Road access and walking/cycling strategy had both been granted funding, and noted that the draft walking/cycling strategy action plan included Kaituna connections.

 

9.     Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

9.1

Membership Appointments

This item was presented by Pim de Monchy - Coastal Catchments Manager.

Key Points:

·    Noted the letter received from Tapuika Iwi Authority Trust, appointing Dean Flavell (Primary) and Geoff Rice (Alternate) as their representatives

·    Noted that the Trust nominated Dean Flavell as the Chairperson of the Authority

·    Noted that the Informal Members of the Authority were entitled to vote, but did not count towards a quorum.

 

Resolved

That Te Maru o Kaituna River Authority:

1        Receives the report, Membership Appointments;

2        Confirms the appointment of Dean Flavell (Member) and Geoff Rice (Alternate) representing Tapuika Iwi Authority Trust;

Douglas/White

CARRIE

 

A nomination to reappoint Dean Flavell as the Chairperson was received from Dean Flavell and Nicki Douglas.

 

3        Agrees that nominations close as no further nominations were received;

White/Tapsell

CARRIED

4        Notes that as there is only one nomination, there is no requirement to choose a voting system.

5        Appoints Dean Flavell as Chairperson of the Authority for a term of three years pursuant to the Act.

Pene/Dally

CARRIED

 

9.2

Te Maru o Kaituna River Authority Annual Report and Budget

This item was presented by Pim de Monchy - Coastal Catchments Manager.

Key Points:

·    Provided an outline of the budget and proposed allocations as set out in the agenda.

Key Points - Members:

·    Sought clarification regarding funding of the Secretariat, i.e. whether the primary funding was allocated through the Regional Council’s Long Term Plan 2021-2031, with any operational expenditure being allocated via the Authority budget

·    Te Mana o Te Wai budget allocations could be added, e.g. for conference attendance and travel costs

·    The current direction of Te Tini a Tuna was more operationally focussed around the Action Plan

·    Suggested that communication and engagement could fall within the Secretariat’s role and responsibilities.

 

Resolved

That Te Maru o Kaituna River Authority:

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

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

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

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

5        Agrees that Bay of Plenty Regional Council hold and administer the additional funds pursuant to Clause 9 of Schedule 5 in the Tapuika Claims Settlement Act 2014, in the same way that the Authority’s current funds are held and administered;

6        Delegates authority to the Chairman and Deputy Chair to jointly review and execute the deeds or contracts to receive the additional funds from Te Wai Māori and Western Bay of Plenty District Council;

7        Agrees to appoint Conroy and Donald Consultants Ltd to lead and manage the projects to be undertaken with the additional funding, and delegates authority to Nicki Douglas and Piki Thomas to negotiate and execute an appropriate agreement. An amount to be discussed and brought back to the Authority for confirmation.

Pene/Chater

CARRIED

 

10.38 am – Deputy Mayor Scrimgeour entered the meeting.

Hei Pānui Anake
Information Only

9.3

Otaiparia Reserve Concept Plan and Name Change

Tabled Document 3 - Otaiparia Reserve - 1907 Map - TMoK 27 August 2021: Objective ID A3927723   

Katy McGinity - Senior Recreation Planner, supported by Peter Watson – Reserves and Facilities Manager and Matthew Leighton – Senior Policy Analyst, Western Bay of Plenty District Council presented this item.

Key Points:

·    Outlined the report in the agenda

·    Noted that Council had adopted the draft concept plan and the proposed name change to Otaiparia Reserve

·    Engagement on the proposal was currently underway.

Key Points - Members:

·    Outlined the history behind the proposed name change and noted that the reserve was a traditional gathering point for fishing

·    Noted that there was no wāhi tapu placed on the site that would impact on the current proposal.

 

Resolved

That the Te Maru o Kaituna River Authority:

1        Receives the report, Otaiparia Reserve Concept Plan and Name Change.

Rolleston/McDonald

CARRIED

 

9.4

Te Puke Wastewater Treatment Plant Reports 2021

Matthew Leighton – Senior Policy Analyst, Western Bay of Plenty District Council presented this item.

Key Points:

·    Provided an outline of the monitoring report

·    No major issues had been identified and results were within consent parameters

·    The long term alternatives to the current wastewater treatment approach in Te Puke was currently under review.

Key Points - Members:

·    The environmental monitoring report was provided under the resource consent conditions

·    Looking forward, beyond the need to report on consent conditions, it would be beneficial to hear from kaitiaki on their views and considerations  in the context of Mātauranga Māori Plan

·    The matter of Mātauranga Māori and Pātaka Kai as part of the Bay of Plenty Regional Policy Statement should be further discussed

·    The matter of the appeal by affected parties with regards to consent to releasing wastewater into the Waiari River was raised.

 

Items for Staff Follow Up:

Western Bay of Plenty District Council to provide a response regarding the relatively high E.coli readings in November highlighted in the monitoring report.

 

Resolved

That the Te Maru o Kaituna River Authority:

1        Receives the report, Te Puke Wastewater Treatment Plant Reports 2021.

Douglas/Thomas

CARRIED

 

9.5

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

Moana Boyd – Senior Planner (RIN) presented this item.

 

Resolved

That Te Maru o Kaituna River Authority:

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

Flavell/McDonald

CARRIED

 

10.   Wāhanga Tūmataiti
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:

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

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

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

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

To remain in public excluded.

Flavell/White

CARRIED

11.   Karakia Kati
Closing Karakia

A karakia was provided by Chair Dean Flavell.

 

11.33 am – the meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                                            Dean Flavell

Chairperson, Te Maru o Kaituna River Authority


 

 

 

Report To:

Te Maru o Kaituna River Authority

Meeting Date:

19 November 2021

Report Authoriser:

Dean Flavell

 

 

Chairperson's Report

 

Executive Summary

In addition to the Chairman’s verbal report, two appointed nominees to represent Te Maru o Kaituna River Authority on two bodies administered by Western Bay of Plenty District Council are sought.

 

Recommendations

That the Te Maru o Kaituna River Authority:

1        Receives the report, Chairperson's Report.

2        Appoints <<insert name>> and <<insert name>> as representatives of Te Maru o Kaituna River Authority on ‘Te Ohu Parawai o te Waiari’ and the ‘Wastewater Advisory Group’.

 

 

1.        Matters of Potential Interest

Coral-Lee Ertel from Western Bay of Plenty District Council’s Utilities Team is seeking two appointees to represent Te Maru o Kaituna River Authority. The representation is for two advisory bodies administered by the Council relating to the management of wastewater in the Kaituna catchment. The two bodies are:

1.  ‘Te Ohu Parawai o te Waiari’ was established as a kaitiaki group for Te Puke Wastewater Treatment Plant, which treats Te Puke’s wastewater and discharges it into the lower Waiari Stream just above the Kaituna confluence.

2.  ‘Te Puke Wastewater Advisory Group’ was established to look into long-term alternative discharge options, such as discharging to land.

Chairman Flavell has expressed a keen interest to be one of the appointees and seeks the endorsement of the Authority.  If Chairman Flavell’s expression of interest is endorsed by the Authority, expressions of interest for a second representative from the Authority is sought.

 


 

 

 

Pūrongo Ki:
Report To:

Te Maru o Kaituna River Authority

Rā Hui:
Meeting Date:

19 November 2021

Kaituhi Pūrongo:
Report Writer:

Jo Watts, Senior Planner (Water Policy)

Kaiwhakamana Pūrongo:
Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Kaupapa:
Purpose:

To provide an update on the implementation of the National Policy Statement for Freshwater Management 2020 (NPSFM) and opportunities currently available to participate in this mahi.

 

 

Essential Freshwater Policy Programme – vision setting, values and environmental outcomes

 

Whakarāpopototanga
Executive Summary

The purpose of this report is to provide Te Maru o Kaituna (TMoK) with an update on implementation of the National Policy Statement for Freshwater Management 2020 (NPSFM). This report covers vision setting, values and environmental outcomes and also provides a brief update on other freshwater policy progress since the last hui in August 2021.

 

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1        Receives the report, Essential Freshwater Policy Programme – vision setting, values and environmental outcomes.

 

1.       He Whakamārama
Background

The National Policy Statement for Freshwater Management 2020 (NPSFM) provides Toi Moana with policy direction on how freshwater is to be managed. Toi Moana’s policy programme to implement the requirements of the NPSFM is called the Essential Freshwater Policy Programme (EFPP).  This will be delivered through the plan change referred to above, and through a change to the Bay of Plenty Regional Policy Statement (RPS). These changes must be notified no later than December 2024 as required by the Resource Management Act 1991.

This paper focuses on the National Objectives Framework (NOF) and vision setting based on freshwater values. The NOF sets out the process Toi Moana must undertake to manage freshwater through the application of those mandatory values and their associated attributes (tohu).  For the compulsory mahinga kai value council must engage with  tangata whenua to identify the attributes (tohu) associated with it.

In summary Regional Council’s must:

·      identify freshwater management units (FMUs), special sites and features,

·      identify values within those FMUs, including the compulsory values (ecosystem health, mahinga kai, threatened species and human contact), - you will remember we discussed online engagement about freshwater values at the last workshop in Aug 2021,

·      set environmental outcomes for each value, - when achieved these need to fulfil the long-term vision which will have been set for the FMU, in this case the Kaituna,

·      identify attributes for each value and set baseline states,

·      set target attribute states for those attributes, environmental flows and levels,

·      set rules and prepare action plans to achieve environmental outcomes.

 

At each steps of the NOF, Council must engage with tangata whenua and the community.

Steps in the National Objectives Framework

2.       Visions

As outlined at the last hui, Toi Moana have prepared some draft principles and working draft freshwater management units (FMUs).  The Kaituna FMU encompasses the Kaituna River and its tributaries and aligns with TMoK’s Kaituna co-governance area (set by the Tapuika Claims Settlement Act 2014). Further information about draft FMU’s is available here under “Essential Freshwater Policy Programme”, scroll down to ‘Draft Freshwater Management Units.

The FMU scale is likely to be the level at which a long-term vision for freshwater will be set, however, there is the possibility that these could be set at a sub FMU scale where more focussed management of waterbodies is required.

Long-term visions must set ambitious but reasonable goals (they could be difficult to achieve but not impossible), and timeframes to achieve those goals. Through engagement Council needs to work alongside the community and tangata whenua to identify aspirations for the future of the Kaituna River (and its tributaries).

A review of already published material, including the river document, iwi management plans, advice received from the Kaituna Maketū Freshwater Community Group, found key concepts for a Kaituna vision may include freshwater bodies that:

·       support thriving mahinga kai which is abundant and accessible

·       are safe for human contact, such as swimming, waka, kayaking, fishing and mahinga kai gathering

·       support resilient, healthy and diverse aquatic life

·       meet the water quality expectations of iwi and the community

·       protect places of wai tapu (or significance)

·       restores/enhances natural form and character of the awa, including the margins and fauna

·       support ecosystem health, well-being, values and objectives in Te Awa o Ngātoroirangi/ Maketū Estuary

Toi Moana staff request an initial discussion with members concerning vision setting at this meeting and will later report back to TMoK with a draft vision for the Kaituna after iwi and hapū engagement.

The values work discussed at the last TMoK workshop and below, as well as environmental outcomes will also feed into the draft vision.  Engagement with tangata whenua on a vision statement is scheduled for late 2021/early 2022.  Once this has occurred, online engagement with the public will follow.

3.       Online freshwater values engagement

At TMoK’s last workshop (27 August), Toi Moana staff shared the current online engagement opportunities which are:

·      the public Participate page “Mapping our treasured freshwater sites ;and

·      the invite only Ngā Taonga Wai Māori page where tangata whenua can privately share stories and/or map their cultural freshwater values.

These opportunities are still available along with viewing the regional map of freshwater of values already identified throughout the region. This base layer of values has been collated from reviewing existing documents including: the Kaituna River document (and submissions and feedback received to it as part of its development), relevant iwi management plans and settlement acts, district plans and community group feedback as well as previous tangata whenua engagement (where information was not confidential). This information will inform the environmental and vision setting part of the process.

4.       Freshwater Policy Programme update

The table attached provides an update on progress made since the last TMoK hui.

4.1      Tangata whenua engagement

Engagement with tangata whenua is progressing in accordance with Te Hononga, Toi Moana’s Māori engagement plan for implementing the NPSFM and reviewing the regional plan. Given the short timeframes, many iwi and hapū are not in a position to fully participate in the EFPP.  Toi Moana staff have had over 230 discussions with tangata whenua groups to ascertain how they would like to participate.  Some have indicated that preparation of an iwi/hapū management plan that captures and aligns with the policies under the NPSFM is the most effective way to participate.  Others have indicated that having a role in the preparation of policy or the implementation of the monitoring methodologies would indicate meaningful participation for them.

Key issues facing tangata whenua is lack of capacity and capability.  Toi Moana has set aside budget to support this in part.  Discussions on how tangata whenua would like to be involved will continue until early next year.  Iwi members of TMoK are invited to arrange discussions with staff in the Kaupapa Māori workstream.

4.2      Ngā Kaitohutohu advisory group

Since TMoK’s last hui, Nga Kaitohutohu – a Te Ao Maori and RMA technical advisory group has been established.  Their role is to help ensure matters relating to Māori and work undertaken by tangata whenua, is appropriately provided for in Regional Policy Statement and Regional Natural Resources Plan changes.  Two meetings of Ngā Kaitohutohu have been held and members are starting to provide advice on FMUs that will be considered through the preparation of policy options for the plan changes.

4.3      Water Quality Reporting Tool

Good progress is being made on current state and trend information for water quality and ecological health attributes. We are working on a Water Quality Reporting Tool so everyone can easily access this information from Toi Moana’s website. This work is expected to be available in early in 2022 and can be shared with TMoK at the next hui.

5.       Ngā Whakaarohanga
Considerations

5.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

5.2      Huringa Āhuarangi
Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Climate change impacts will be considered as part of implementing the NPSFM and reviewing the RNRP.

5.3      Ngā Pānga ki te Māori
Implications for Māori

The NPSFM sets out clear requirements to involve tangata whenua in the management of freshwater. Details are provided in the Tangata Whenua Engagement section above.

5.4      Whakawhitiwhiti ā-Hapori
Community Engagement

 

Adobe Systems

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

 

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

Implementing the NPSFM for the Kaituna FMU and supporting TMoK are core, non-discretionary Toi Moana functions. They are both supported by the strategic framework and align with aspirations in the Kaituna, he taonga tuku iho – a treasure handed down – the Kaituna River Document.

5.6      Ngā Pānga ā-Pūtea
Financial Implications

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

6.       Ngā Mahi Whai Ake
Next Steps

As outlined above, the next steps for freshwater visions, values and outcomes is progressing work on stage 2, while continuing to provide online opportunities to contribute to stage 1.

Stage 1 (now)

Gather and map important freshwater sites

Collate existing information about freshwater values and build on this picture through tangata whenua and community feedback.

Stage 2

Draft vision statements for each draft Freshwater Management Unit

Set out how water bodies should be in the future. These would maintain or improve key values already identified. Involve tangata whenua and seek community input and feedback.

Stage 3

Set measurable targets

Work up some options for measurable water quality targets, limits, rules and methods. Carry out extensive tangata whenua and community feedback (2023).

 

Tuhinga Tautoko
Attachments

Attachment 1 - Essential Freshwater Policy Programme update November 2021   


Te Maru o Kaituna River Authority                                                               19 November 2021

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Pūrongo Ki:
Report To:

Te Maru o Kaituna River Authority

Rā Hui:
Meeting Date:

19 November 2021

Kaituhi Pūrongo:
Report Writer:

Pim De Monchy, Coastal Catchments Manager and Fiona Wood, Programme Coordinator Integrated Catchments

Kaiwhakamana Pūrongo:
Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Kaupapa:
Purpose:

To provide an update on the projects within the Te Tini a Tuna – Kaituna Action Plan 2020-2022.

 

 

Te Tini a Tuna - Kaituna Action Plan 2020-2022 Status Report

 

Whakarāpopototanga
Executive Summary

This report provides members with an update on the Projects within the Te Tini a Tuna – Kaituna Action Plan 2020-2022.

The Te Tini a Tuna – Kaituna Action Plan 2020-2022 Status Report is attached to this report.

 

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1        Receives the report, Te Tini a Tuna - Kaituna Action Plan 2020-2022 Status Report.

 

1.       He Whakamārama
Background

Operational reporting is a standing item on the Te Maru o Kaituna River Authority’s agenda and is provided at the request of the Authority.  The Te Tini a Tuna – Kaituna Action Plan 2020-2022 Status Report will become the main operations report going forward.  Only the projects in Te Tini a Tuna are featured in the Appendix to this report.

 

2.       Ngā Whakaarohanga
Considerations

2.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

This section is a compulsory part of Toi Moana’s Council reporting template, but is not relevant to this report to Te Maru o Kaituna River Authority.  Any risk management for projects under Te Tini a tuna – Kaituna Action Plan 2020-2022 are managed by the entity responsible for each project.

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

2.2      Huringa Āhuarangi
Climate Change

This section is a compulsory part of Toi Moana’s Council reporting template, but is not relevant to this report to Te Maru o Kaituna River Authority.  Any climate change implications for projects under Te Tini a Tuna – Kaituna Action Plan 2020-2022 are managed by the entity responsible for each project.

2.3      Ngā Pānga ki te Māori
Implications for Māori

This report provides an update on the projects within the Te Tini a Tuna Kaituna Action Plan 2020-2022.  Many of these projects have been funded or developed in collaboration with Māori.  Keeping Te Maru o Kaituna River Authority updated on the operations and plans of each member is a priority alongside our work with iwi and hapū.

2.4      Whakawhitiwhiti ā-Hapori
Community Engagement

Both Te Tini a Tuna (the action plan) and Kaituna: He Taonga Tuku Iho (the Kaituna River Document) were the subject of significant community consultation and engagement during their development.  Any community engagement associated with projects under Te Tini a Tuna – Kaituna Action Plan 2020-2022 is managed by the entity responsible for delivering the project, unless otherwise indicated or requested.

2.5      Ngā Pānga ā-Pūtea
Financial Implications

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

This section is a compulsory part of Council’s reporting template.  However, the status report does illustrate that a number of projects, spread across a number of member entities are not yet funded (or only partially funded).  This may be something that members wish to discuss.

 

3.       Ngā Mahi Whai Ake
Next Steps

Further Te Tini a Tuna – Kaituna Action Plan 2020-2022 Status Report updates will be provided at future meetings.

Tuhinga Tautoko
Attachments

Attachment 1 - Te Tini a Tuna - Kaituna Action Plan 2020-2022 Status Report  

 


Te Maru o Kaituna River Authority                                                                                19 November 2021

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Pūrongo Ki:
Report To:

Te Maru o Kaituna River Authority

Rā Hui:
Meeting Date:

19 November 2021

Kaituhi Pūrongo:
Report Writer:

Moana Boyd, Senior Planner (RIN)

Kaiwhakamana Pūrongo:
Report Authoriser:

Namouta Poutasi, General Manager, Strategy & Science

Kaupapa:
Purpose:

To provide an update on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

 

 

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

 

Whakarāpopototanga
Executive Summary

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

The policy framework for Proposed Change 5 relates to freshwater so it must follow the new Freshwater Planning Process (FPP). Te Maru o Kaituna River Authority (TMoK) members were provided with an overview of the FPP on 21 May 2021 (Item 9.4, p39)[1].

Proposed Change 5 was publicly notified on 29 June 2021. The submission period closed on 10 August 2021. Fifteen submissions were lodged. TMoK members were provided with a preliminary overview of matters raised in submissions on Proposed Change 5 on 27 August 2021 (Item 10.5).

The ‘Summary of Decisions Requested’ was publicly notified on 26 October 2021. The further submission period closed on 9 November 2021.

This report provides an overview of the FPP for Proposed Change 5 – see Appendix 1: Freshwater Planning Process for Proposed Change 5 (Kaituna River).

 

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

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

 

1.       He Whakamārama
Background

The approval of Proposed Change 5 for public notification on 1 April 2021 followed a process which involved reporting to and workshopping with TMoK and the Strategy and Policy Committee.

Proposed Change 5 was publicly notified on 29 June 2021. The submission period was extended to 30 working days (from 20 working days) closing on 10 August 2021. Fifteen submissions were lodged. The ‘Summary of Decisions Requested’ was publicly notified on 26 October 2021. The further submission period closed on 9 November 2021. An update on further submissions (how many have been received) will be provided at this meeting.

1.1      Legislative Framework

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

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

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

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

 

2.       National Policy Statement for Freshwater Management (NPS-FM 2020)

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

3.       Proposed Change 5 and the Freshwater Planning Process

The policy framework for Proposed Change 5 relates to freshwater so it must follow the new FPP. Proposed Change 5 should be the first ‘freshwater planning instrument’ to progress through the FPP given its scale and purpose[2].

Appendix 1: Freshwater Planning Process for Proposed Change 5 (Kaituna River) provides an indicative timeline and overview of the FPP. For example in the first stage Council follows the Schedule 1 process. This includes public notification of Proposed Change 5 and the submission, then further submission process.

The transition to the FPP then commences with Council providing the Chief Freshwater Commissioner (CFC) with Freshwater Hearing Panel (FHP) nominations. At the Strategy and Policy Committee meeting on 4 May 2021:

·      Councillor Iti and Councillor von Dadelszen were nominated by Council to sit on the FHP for Proposed Change 5; and

·      The Committee requested the CFC consider a smaller FHP made up of three members: a freshwater commissioner, a council nominee and a tangata whenua nominee (equal three way representation)[3].

Council will provide five Tangata Whenua nominations (four in order of preference by TMoK Iwi members and, a fifth from Ngāti Rangiwewehi Iwi) to the CFC. TMoK also support a request (to the CFC)[4] for equal three way membership on the FHP.

4.       Ngā Whakaarohanga
Considerations

4.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Staff have sought to mitigate a potential risk to ensure that tangata whenua, the community and stakeholders in the Kaituna River catchment are aware that Proposed Change 5 does not seek to fully implement the NPS-FM 2020. Notification material advised that: the purpose of Proposed Change 5 is to fulfil requirements under Treaty legislation which is separate from the overarching Essential Freshwater Policy Programme for NPS-FM 2020 implementation.

4.2      Huringa Āhuarangi
Climate Change

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

4.3      Ngā Pānga ki te Māori
Implications for Māori

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

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

4.4      Whakawhitiwhiti ā-Hapori
Community Engagement

Informal consultation and engagement occurred prior to the formal RMA Schedule 1 process commencing on 29 June 2021. Moving forward only submitters have rights to be involved in the FPP. The submission process for Proposed Change 5 was publicised on Regional Council and TMoK webpages. [Insert text or]

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

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

4.6      Ngā Pānga ā-Pūtea
Financial Implications

The cost of developing Proposed Change 5 is budgeted in the Long-Term Plan 2018 – 2028. The FHP will be a significant cost as regional councils are responsible for all costs incurred including remuneration and expenses of FHP members, any experts or mediators engaged by the panel, administrative costs for holding the hearing etc.

5.       Ngā Mahi Whai Ake
Next Steps

As set out in Attachment 1 Council staff must provide all required documents to the CFC in December 2021. The CFC must then ‘as soon as practicable’[5] convene a FHP

Tuhinga Tautoko
Attachments

Attachment 1 - Freshwater Planning Process for Proposed Change 5 (Kaituna River)   


Te Maru o Kaituna River Authority                                                               19 November 2021

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[1] This is An Introduction to the Freshwater Planning Process

[2] Otago Regional Council notified their Proposed RPS as a ‘freshwater planning instrument’ on 26 June 2021. The further submission period for the Proposed Otago RPS 2021 closed on 12 November 2021

[3] Schedule 1 Clause 59(1) the usual configuration for a FHP is 5 members - with one tangata whenua member

[4] At the Te Maru o Kaituna River Authority workshop on 27th August 2021

[5] Schedule 1 Clause 38 Chief Freshwater Commissioner must convene a freshwater hearings panel