Agenda of Regional Council - Thursday, 16 December 2021

Council

Membership

Chairperson	Chairman Doug Leeder
Deputy Chairperson	Cr Jane Nees
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements

Purpose

· Enable democratic local decision-making and action by, and on behalf of, Bay of Plenty communities.

· Meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

· Set the overarching strategic direction for Bay of Plenty Regional Council as an organisation.

· Hold ultimate responsibility for allocating financial resources across the Council.

Role

· Address Local Electoral Act matters and Local Government Rating Act matters.

· Oversee all matters relating to identifying and contributing to community outcomes.

· Consider and agree on matters relating to significant new activities or areas of involvement such as infrastructure which are not the responsibility of a specific committee.

· Provide regional leadership on key issues that require a collaborative approach between a number of parties.

· Review and decide the Council’s electoral and representation arrangements.

· Consider issues of regional significance which are not the responsibility of any specific standing committee or that are of such regional significance/high public interest that the full Council needs to decide on them.

· Adopt Council’s Policy on Significance and Engagement Policy.

· Develop, adopt and implement the Triennial Agreement, Code of Conduct and Standing Orders.

· Consider and agree on matters relating to elected members’ remuneration.

· Appoint the Chief Executive, and review their contract, performance and remuneration at least annually.

· Approve all delegations to the Chief Executive, including the authority for further delegation to staff.

· Oversee the work of all committees and subcommittees.

· Receive and consider recommendations and matters referred to it by its committees, joint committees, subcommittees and working parties.

· Approve membership to external bodies and organisations, including Council Controlled Organisations.

· Develop, adopt and review policies for, and monitor the performance of, Council Controlled Organisations.

· Monitor and review the achievement of outcomes for the Bay of Plenty Community.

· Review and approve strategic matters relating to the sale, acquisition and development of property for the purposes of meeting Council’s organisational requirements and implement Regional Council policy.

· Address strategic corporate matters including property and accommodation.

· Consider and agree on the process to develop the Long Term Plan, Annual Plan and Annual Report.

· Adopt the Long Term Plan, Annual Plan and budgets variations, and Annual Report.

· Adopt Council policies as required by statute (for example Regional Policy Statement and Regional Land Transport Strategy) to be decided by Council or outside of committee delegations (for example infrastructure policy).

· Develop, review and approve Council’s Financial Strategy and funding and financial policies and frameworks.

· Institute any proceedings in the High Court that are not injunctive proceedings.

· Exercise the powers and duties conferred or imposed on Council by the Public Works Act 1981.

Delegations from Council to committees

· Council has a role to monitor the functioning of all committees.

· Council will consider matters not within the delegation of any one Council committee.

· Council may at any time, revoke or modify a delegation to a Council committee, either permanently, for a specified time or to address a specific matter, if it considers there is good reason to do so.

· The delegations provided to committees may be further delegated to subcommittees unless the power of further delegation is restricted by Council or by statute.

· It is accepted in making these delegations that:

· The committees, in performing their delegated functions, powers or duties, may, without confirmation by the Council, exercise or perform them in a like manner and with the same effect as the Council itself could have exercised or performed them.

· The delegated powers given shall at all times be subject to their current policies and principles or directions, as given by the Council from time to time.

· The chairperson of each committee shall have the authority to exercise their discretion, as to whether or not the delegated authority of the committee be used where, in the opinion of the chairperson, circumstances warrant it.

Powers that cannot be delegated

Under Clause 32 Schedule 7 of the Local Government Act 2002, Council must make the following decisions:

· Make a rate.

· Make a bylaw.

· Borrow money or purchase or dispose of assets, other than in accordance with the long-term plan.

· Adopt the long-term plan, annual plan, or annual report.

· Appoint a chief executive.

· Adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

· Adopt a remuneration and employment policy.

Livestreaming and Recording of Meetings

Please note the Public section of this meeting is being recorded and streamed live on Bay of Plenty Regional Council’s website in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within two working days after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

Regional Council 16 December 2021

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

Agenda

E te Atua nui tonu, ko mātau ēnei e inoi atu nei ki a koe, kia tau mai te māramatanga ki a mātau whakarite mō tēnei rā, arahina hoki mātau, e eke ai te ōranga tonu ki ngā āhuatanga katoa a ngā tangata ki tō mātau rohe whānui tonu. Āmine.

“Almighty God we ask that you give us wisdom in the decisions we make here today and give us guidance in working with our regional communities to promote their social, economic, environmental and cultural well-being. Amen”.

1. Opening Karakia

2. Apologies

3. Public Forum

3.1 Meg Collins – Ōhiwa Reserves Care Group

4. Items not on the Agenda

5. Order of Business

6. Declaration of Conflicts of Interest

7. Public Excluded Business to be Transferred into the Open

8. Minutes

Minutes to be Confirmed

8.1 Regional Council Minutes - 10 November 2021 1

8.2 Regional Council Minutes - 2 December 2021 1

Minutes to be Received

8.3 Ōhiwa Harbour Implementation Forum Minutes - 11 March 2021 1

8.4 Te Maru o Kaituna River Authority Minutes - 27 August 2021 1

8.5 Rangitāiki River Forum Minutes - 3 September 2021 1

9. Reports

9.1 Chairperson's Report 1

Decisions Required

9.2 Annual Report 2020/21 and Annual Report Summary 2020/21 Adoption

This item will be distributed under a separate cover.

Attachment 1 - BOPRC Annual Report 2020-2021 - Draft for Adoption

Attachment 2 - BOPRC Annual Report 2020-2021 Summary - Draft for Adoption

9.3 Revised Community Participation Action Plan 1

Attachment 1 - Revised- Community Participation Impact Action Plan -version 1DEC21_V3 1

9.4 Review of Navigation Safety Bylaws 2017 1

Attachment 1 - Attachment Review Matters for Bay of Plenty Navigational Safety Bylaws 1

Attachment 2 - Hunters Creek History 1

Attachment 3 - Speed Uplifting 1

Attachment 4 - Attachment Ohiwa Harbour Personal Watercraft Rules 1

Attachment 5 - Proposed Timeline Nov 21 1

Attachment 6 - Attachment Summer community consultation 1

Attachment 7 - Attachment Summer Monitoring and Data Collection 1

9.5 Consent Processing Consultants 1

Attachment 1 - CON000021 Consents Panel Procurement Plan DRAFT for Council 1

9.6 Councillor Resignation from co-Governance Groups 1

9.7 Quayside Holdings Limited - Statement of Expectations 2022/23 1

Information Only

9.8 Acting Chief Executive 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 Regional Council Minutes - 10 November 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	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.

Minutes to be Confirmed

10.1 Public Excluded Regional Council Minutes - 10 November 2021

Minutes to be Received

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

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

14. Closing Karakia

Regional Council Minutes

10 November 2021

Regional Council

Open Minutes

Commencing: Wednesday 10 November 2021, 9.30 am

Venue: Zoom (Audio Visual meeting)

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Andrew von Dadelszen

Cr Matemoana McDonald

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti

Cr Stacey Rose

Cr Paula Thompson

Cr Te Taru White

In Attendance: Fiona McTavish – Chief Executive, Namouta Poutasi – General Manager Strategy & Science, Debbie Hyland – Finance and Transport Operations Manager, Mark Le Comte – Principal Advisor Finance and Transport Operations, Annabel Chappell – Manager, Special Projects, Zhivan Alach - Organisational Performance Manager, Tobias Fransson - Performance Analyst, Mereana Toroa – Finance Support Team Lead, Tone Nerdrum Smith – Committee Advisor

Apologies: Cr Matemoana McDonald, Cr Toi Kai Rākau Iti (late arrival)

1. Opening Karakia

A karakia was provided by Cr Thurston.

The karakia was followed by a mihi by Chairman Leeder in recognition of Tauranga Kaumātua Huikākahu Brian Kawe who had recently passed away.

2. Apologies

Resolved

That the Regional Council:

1 Accepts the apologies from Cr McDonald (whole meeting) and Cr Iti (for late arrival) tendered at the meeting.

Thurston/Rose

CARRIED

3. Declaration of Conflicts of Interest

None declared.

4. Minutes

Minutes to be Confirmed

4.1

Regional Council Minutes - 30 September 2021

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 30 September 2021 as a true and correct record.

Winters/Nees

CARRIED

4.2

Regional Council Minutes - 19 October 2021I

Resolved

That the Regional Council:

1 Confirms the Regional Council Minutes - 19 October 2021 as a true and correct record.

Nees/Love

CARRIED

Minutes to be Received

4.3

Rotorua Te Arawa Lakes Strategy Group Minutes - 14 May 2021

Resolved

That the Regional Council:

1 Receives the Rotorua Te Arawa Lakes Strategy Group Minutes - 14 May 2021.

Winters/Leeder

CARRIED

9.36am – Cr Iti and Cr White entered the meeting.

5. Reports

5.1

Chairperson's Report

Key Points:

· The meeting with Environmentalists Geoff Reid and Angus Robson regarding Intensive Winter Grazing mainly related to typographical considerations. Noted that an invitation had been extended for them to present to the Regional Sector Group.

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/Rose

CARRIED

Decisions Required

5.2

Regional Pest Management Plan: Implementing direction from the Environment Court

Presented by Fiona McTavish – Chief Executive.

Key Points - Members:

· Recognised the challenges Council faced in achieving the desired pest management outcomes and the positive co-operation between Council and the Royal Forest & Bird Protection Society Inc. in the appeal process.

Key Points - Staff:

· Operational funding would be re-allocated within existing budgets in the current Annual Plan, with dedicated allocations being identified for the 2022/23 Annual Plan.

Resolved

That the Regional Council:

1 Receives the report, Regional Pest Management Plan: Implementing direction from the Environment Court.

2 Modifies the Regional Pest Management Plan as directed by the Environment Court in its decision dated 23 September 2021.

3 Decides to make the remainder of the Regional Pest Management Plan operative, following compliance with the Environment Court’s direction, in accordance with s77(4)(a)(ii) Biosecurity Act 1993.

4 Delegates to the Group Manager Strategy and Science the authority to make minor alterations or corrections to the Regional Pest Management Plan.

5 Authorises the Chief Executive to make the remainder of the Regional Pest Management Plan 2020-2030 operative by affixing the seal of the Regional Council in accordance with section 77(1) of the Biosecurity Act 1993.

6 Notes additional funding is available for the implementation of the Regional Pest Management Plan including those pests included as Sustained Control pursuant to the Environment Court’s decision.

7 Disestablishes the Regional Pest Management Plan Appeals Subcommittee.

Winters/Clark

CARRIED

5.3

Rates Collection Project Update

Presented by Fiona McTavish – Chief Executive and Annabel Chappell – Manager, Special Projects.

Key Points:

· Clarified the legal parameters around rate collections and delegation to staff and that significant decisions would not be made under staff delegation without clear councillor visibility/confirmation

· Outlined the implications for customers (ratepayers) of the different instalment options

· Penalties directly related to an instalment amount that was missed, rather than the entire annual rates amount

· An extensive communication plan was in place for the upcoming change, which included promoting electronic distribution of rates invoices (based on the data provided by the territorial authorities (TAs)) and payment plan options

· Clarified direct debit arrangements, instalment and payment plans

· A FAQ information sheet would be prepared for Councillors as part of the implementation plan

· One annual instalment (invoice) did not mean customers were required to pay the full amount at once as individual payment plans could be agreed to.

Key Points - Members:

· Emphasized the importance of clearly communicating the change and its impact to the customers.

· Both general rates and the majority of targeted rates (e.g. larger river schemes) were collected by the TAs on Council’s behalf, however a number of small river schemes/drainage schemes/consent holder fees were paid directly to Council, and the preference was for all rate charges to be included in the same invoice

· The change represented increased visibility; transparency and identity for Regional Council.

Resolved

That the Regional Council:

1 Receives the report, Rates Collection Project Update.

2 Notes the progress made towards Bay of Plenty Regional Council moving to an in-house rates collection service.

3 Confirms for the purposes of system configuration, policy development and change communications with customers that:

(a) Bay of Plenty Regional Council will have one annual rates instalment with October as the instalment due date for all rates.

(b) No early payment discount will be offered by Bay of Plenty Regional Council for early payment of rates.

4 Notes the key focus of regional council rates collection and the associated collection parameters in item 3 above, is to provide a customer centric, cost effective service.

5 Delegates its statutory functions, duties and powers under the relevant rating legislation as set out in Attachment 2 “Rating Delegations - Recommended Additions to Council’s Delegations Manual”

von Dadelszen/Rose

CARRIED

Information Only

5.4

Arotake Report: Our Quarter One Performance

Presented by Debbie Hyland – Finance and Transport Operations Manager, Zhivan Alach - Organisational Performance Manager, Tobias Fransson – Performance Analyst, Mark Le Comte – Principal Advisor Finance and Transport Operations and Mereana Toroa – Finance Support Team Lead.

Key Points:

· The continuing Covid Alert Levels had impacted on some of the performance measures in the Long Term Plan (LTP) 2021-2031, being:

o Regional Parks visitor numbers

o Compliance (relating to in-the-field inspections, rather than desk-top assessments)

o Public Transport patronage

· Examples of non-financial performance measures where performance had been especially strong during the quarter included:

o Processing of resource consent applications

o Compliance service request respond times

· Noted the increase of approximately 17 full time equivalent (FTE) staff positions since the previous financial year, with staff turnover sitting at less than 10% which was a positive

· Outlined financial performance compared to LTP measures, noting further details regarding Treasury would be discussed in the public excluded section

· Public Transport would be discussed at the upcoming Annual Plan Workshop on 24 November 2021.

Key Points - Members:

· Recognised the transparent and well-presented report

· A revised works programme was in place for the deliverability of essential projects, recognising that the Covid Alert Levels had reduced the number of projects classified as ‘essential’ to one

· Considered that the section on climate change was inadequate, bearing in mind that Council had declared a climate emergency

· Suggested that FTE reporting be further broken down at the level of FTE by General Manager

· Noted that Health & Safety updates were reported to the Risk and Assurance Committee

Items for Staff Follow Up:

· Provide Elected Members with further information regarding the 18 State of the Environment reports/subject matters

· Explore the possibility of including enhanced Health & Safety reporting in the Arotake Report.

Resolved

That the Regional Council:

1 Receives the report, Arotake Report: Our Quarter One Performance.

Love/Rose

CARRIED

6. 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
6.1	Public Excluded Regional Council Minutes - 30 September 2021	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
6.2	Arotake Quarter One - Confidential Attachments	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(h).	To remain in public excluded.
6.3	Allied Investments Limited Services Agreement	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information; Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(b)(ii); 48(1)(a)(i) Section 7 (2)(h).	To remain in public excluded.

Leeder/von Dadelszen

CARRIED

7. Closing Karakia

A karakia was provided by Cr White.

10.50 am – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Regional Council Minutes

2 December 2021

Regional Council

Open Minutes

Commencing: Thursday 2 December 2021, 11.00 am (after Risk & Assurance Committee)

Venue: via Zoom (Audio Visual Meeting)

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Andrew von Dadelszen

Cr Matemoana McDonald

Cr David Love

Cr Norm Bruning

Cr Bill Clark

Cr Stuart Crosby

Cr Kevin Winters

Cr Lyall Thurston

Cr Toi Kai Rākau Iti

Cr Paula Thompson

Cr Te Taru White

In Attendance: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Yvonne Tatton – Governance Manager, Tone Nerdrum Smith – Committee Advisor

Apologies: Cr Stacey Rose

Chairman Leeder advised that the meeting was being livestreamed and recorded, and that the recording would be made available on the Bay of Plenty Regional Council website following the meeting https://www.youtube.com/watch?v=eWrJPwKP4lo

1. Opening Karakia

A karakia was provided by Cr Te Taru White

2. Apologies

Resolved

That the Regional Council:

1 Accepts the apology from Cr Stacey Rose tendered at the meeting.

Leeder/Thurston

CARRIED

3. Declaration of Conflicts of Interest

Cr Te Taru White – Item 7.2: Bay of Plenty Territorial Authorities' Final Representation Review Proposals: Chair of Te Tatau o Te Arawa, a submitter to the Rotorua Lakes Council representation review

4. Reports

4.1	Annual Report 2020/21 and Annual Report Summary 2020/21 Adoption
	Noted that this item had been deferred until the next meeting of Council as Audit NZ had not yet completed the required audit.

Information Only

4.2

Bay of Plenty Territorial Authorities' Final Representation Review Proposals

Yvonne Tatton – Governance Manager presented this item.

Key Points:

· Noted that Rotorua Lakes Council (RLC) preferred a different representation model than its final proposal which would result in additional Maori ward seats. However, such model would require a change to the current Local Electoral Act provisions, which RLC were pursuing

· Closing dates to lodge appeals were 13 December for Tauranga City Council (TCC) and 20 December for RLC.

Key Points - Members:

· Concerned that the decision of TCC (9 wards/1 Mayor) meant each voter was limited to two votes, which did not appear to be not fair and equitable

· The Maori ward traversed the entire TCC electorate, which contradicted the other wards

· Reduced representation (from 11 to 10 elected members) did not reflect the complex needs of a growing city.

Resolved

That the Regional Council:

1 Receives the report, Bay of Plenty Territorial Authorities' Final Representation Review Proposals.

Leeder/von Dadelszen

CARRIED

4.3

2022 Council Meetings Calendar

Yvonne Tatton – Governance Manager presented this item.

Key Points:

· Recognised that the meeting schedule would be updated as and when required

· Council worked with all the Bay of Plenty local authorities, as well as national agencies to minimise any meeting date conflicts.

Key Points - Members:

· Noted that in a local authority election year, the formal meeting schedule ended in September. Recognised that this might require some meetings to be scheduled in the normally meeting-free month of July to ensure all business could be given the required attention.

Items for Staff Follow Up:

· Committee Champions to confirm with the Committee Chairs that the scheduled meetings met the committee work schedule requirements.

Resolved

That the Regional Council:

1 Receives the report, 2022 Council Meetings Calendar.

Leeder/Winters

CARRIED

5. Closing Karakia

A closing karakia was provided by Cr Rakau Iti.

11.25 am – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council

Ōhiwa Harbour Implementation Forum Minutes

11 March 2021

Ōhiwa Harbour Implementation Forum

Ngā Meneti

Open Minutes

Commencing: Thursday 11 March 2021, 9.30 am

Venue: Kutarere Marae, 435 State Highway 2, Kutarere

Heamana

Chairperson: Cr Toi Kai Rākau Iti (Bay of Plenty Regional Council)

Heamana Tuarua

Deputy Chairperson: Mayor Lyn Riesterer (Ōpōtiki District Council)

Ngā Kopounga

Members: Cr Bill Clark – Alternate, Bay of Plenty Regional Council, Charlie Bluett - Te Rūnanga o Ngāti Awa, Trevor Ransfield - Te Upokorehe, Cr Debi Hocart – Alternate, Ōpōtiki District Council, Josie Mortensen - Whakatōhea Māori Trust Board

Te Hunga i Tae Ake

In Attendance: Presenters – as listed in the minutes, Pim de Monchy – Coastal Catchments Manager, Gina Mohi – Putaiao Mātauranga, Amanda Namana – Committee Advisor

Ngā Hōnea

Apologies: Tu O'Brien - Alternate, Te Rūnanga o Ngāti Awa, Deputy Mayor Andrew Iles – Whakatāne District Council

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Bruce Pukepuke.

2. Ngā Hōnea
Apologies

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Accepts the apologies from Tu O'Brien - Alternate, Te Rūnanga o Ngāti Awa, Deputy Mayor Andrew Iles – Alternate, Whakatāne District Council and Josie Mortensen (for early departure) tendered at the meeting.

Clark/Bluett

CARRIED

3. Te Upokorehe Introduction and Updates

3.1

Pipi Monitoring

Presentation - Pipi Monitoring 2021: Objective ID A3758423

Tabled Document 1 - MPI Compliance Update and Statistics: Objective ID A3758395

Gaylene Kohunui and Ngaire Ngamoki presented this item.

Key Points:

· Outlined the rohe of the Pipi monitoring undertaken by Te Upokorehe as kaitiaki of Ōhiwa Harbour

· Whakatāne fisheries officers provided signage and pamphlets

· Upokorehe Resource Management team provided resources including Hi-Vis safety vests

· Monitoring commenced 21 December 2020, comprised of 20 participants including kaumātua, rangatahi and mokopuna who participated in the six week programme. Auckland Anniversary and Waitangi weekends were also monitored

· The kaupapa arose from local concerns of vehicles on the mud flats and excess take of pipi observed

· From the excessive amount of pipi being taken, it was discovered that the majority of people did not have permits. In this instance, they were educated about where to obtain one and asked to return the pipi to the harbour

· Other things observed during the monitoring were camping at Tokitoki Reserve and the boat ramp, consumption of alcohol at the boat ramp, multitudes of dogs in the pipi gathering area and many footprints around bird nesting areas

· Asian crabs and mangrove spread were also discovered and noted

· Networking provided an opportunity to engage with Ministry for Primary Industries (MPI) about becoming honorary fisheries officers, which had a positive repercussive effect along the East Coast

· Education and information sharing was an important part of this voluntary project

· Whānau collected 150 pipi each morning to show people what the quantity looked like, which had proven helpful. Advised that the quota numbers counted but pipi size did not

· Signage currently in place could be improved as it was either too small or irrelevant to the area

· The current speed limits were a concerning hazard for residents carrying out the mahi

· The largest number of visitors detected was during the first week of monitoring when there were 421 people recorded during just one day

· Had encountered excessive pipi amounts being permitted e.g. 25kg for a mother and child.

Key Points - Members:

· The purpose for collecting pipi had developed from being only for kai

· Permit issuers and MPI had a responsibility to ensure that the reasons permits were issued and the quantity they were issued for were being adhered to

· If this problem continued without any action, there may be no pipi left

· Congratulated Te Upokorehe on this important and confronting mahi

· Suggested the pipi monitoring project and ‘lore versus law’ was a perfect science and conservation based learning topic for the Community of Learning (COL) to take to schools.

In Response to Questions

· Some people were using children of all ages to increase quota numbers. More education needed to occur and children needed to be gathering pipi to be counted for their own take.

Items for Staff Follow Up:

· Requested attendance from a Ministry of Fisheries representative to attend a future meeting and clarify the fishing rules around pipi take and size.

3.2

The Kiwi Project

Quintin Taitapanui presented this item.

Key Points:

· Had been involved with The Kiwi Project in the Waiotahi Scenic Reserve in Waiotahe Valley for four years, the last two of which had been funded by the Department of Conservation (DOC)

· Encouraged tangata whenua to assist with monitoring of the approximately 200 traps

· The terrain was steep and could be dangerous to navigate

· In the past two years of monitoring, 22 large stoats and 170 very large rats had been captured

· Two Kiwi listening programmes had been undertaken, identifying 120 kiwi calls over the past two years

· Promoting the mahi to tangata whenua was a great opportunity to upskill and be around like-minded people

· Described a symbiotic relationship between tangata whenua and the whenua. This correlation had been observed to create many health and wellbeing benefits for those involved in mahi around the ngahere.

10.42 am - Josie Mortensen withdrew from the meeting.

3.3

Te Upokorehe verbal update

Tabled Document 1 - Te Upokorehe Update letter to OHIF dated 11 March 2021: Objective ID A3758399

Trevor Ransfield provided a verbal update to the Forum on additional matters.

Key Points:

· Upokorehe had been committed to assisting with mangrove removal in Ōhiwa Harbour for ten years

· Outlined some local projects including new subdivisions and working with archaeologists at the sites, assisting Waka Kotahi with upcoming State Highway 2 work (due to commence 17^th March 2021)

· The build-up of silt at Te Kakaho stream entrance was restraining the flow of the water and becoming an increasing problem for the residents of Kutarere - the community requested assistance to rectify the situation.

In Response to Questions:

· BOPRC staff requested further information on the effects to individuals and properties of the restrained waterflow, and the community responded:

o The marae was in the process of raising all buildings on the property including the wharenui and the wharekai over a fifty year plan to mitigate the issues caused by the water flow, which had never been seen before. Also expressed concern over future access problems for manuhiri

o The stream used to be used for swimming but was now waist high in mud

o Previous requests for assistance from different councils following severe storms had gone unheeded

o There were also new tidal surges occurring

o Access to the wharves had been diminished due to the silt build up

o Suggested control gates be installed at the harbour heads as a potential solution

o Indirect impacts included lack of accessibility to funding for repairing many Upokorehe homes damaged by storm water flow, due to now being classified as high risk.

Items for Staff Follow Up:

· Noted that there were many complex issues to consider in the restrained water flow problem and BOPRC staff would investigate and consult with other councils before responding to Te Upokorehe with potential options. Some of these considerations included water use, run off, climate change, sea level rise, storm surges and flooding.

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

None declared.

5. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Ōhiwa Harbour Implementation Forum Minutes - 30 November 2020

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Confirms the Ōhiwa Harbour Implementation Forum Minutes - 30 November 2020 as a true and correct record.

Riesterer/Clark

CARRIED

6. Whakahoutanga Kōrero
Verbal Updates

6.1

Chairperson's Report

A verbal update was provided to the Forum by Chair Cr Toi Kai Rākau Iti on the following matters:

· Updated members on Bay of Plenty Regional Council’s progress in the Long Term Plan (LTP) process and timeline

· Advised that the freshwater reform under the Resource Management Act (RMA) and the ramifications of this at a regional and local level were of particular focus at present.

7. Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

7.1

Korehāhā Whakahau

Presentation - Korehāhā Whakahau: Objective ID A3758410

Merenia Sawrey and Eddie Sykes presented this item.

Key Points:

· The possum eradication project stretched over 4700 hectares of land

· This was the first Iwi-led Predator Free 2050 project

· Created local employment and upskilling, focusing on environmental, social and economic outcomes

· Was in the first six months of operational activity and had already achieved 10 possum kills and installed 200 zip possum traps

· The colour palette was collected from areas of significance and reflected in the brand identity. The pohutukawa symbol was gifted as a vision and direction for the project and symbolised protection of the pohutukawa forest

· Outlined the innovative technology used which communicated information digitally when a trap had been activated

· This was paired with a zip motor lure and trail camera acting as a detection system to provide further information about the activity of possums and other predators

· White card attached to trees was used as a visual lure which emanated the natural behaviour of possums and prevented capture of other animals and birds

· Part of the strategy was to be flexible in approach and open with learnings and methodologies

· Recognised the connection between eradicating this invasive species and some aspirations of the Forum - protecting habitats and species around the harbour which affected the harbour.

In Response to questions

· Data was being collected about wild cats and other species identified in the area. Although the project was focused on possums as the technology was available to target eradication, a wider vision may include other pest species as the technology developed

· There was opportunity for potential learnings through shared interests with The Kiwi Project and other projects around process, methodology and upskilling.

Resolved

That the Ōhiwa Harbour Implementation Forum:

Riesterer/Bluett

CARRIED

Trevor Ransfield voted against the motion.

11.10 am – The meeting adjourned.

11.10 am – Cr Clark withdrew from the meeting.

11.35 am – The meeting reconvened.

7.2

Ōhiwa Harbour Implementation Forum submissions to council Long Term Plans

Presentation - Long Term Plan submissions: Objective ID A3758415

Tabled Document 1 - Submission on Whakatāne District Council Long Term Plan submission: Objective ID A3758387

Department of Conservation (DOC) Community Ranger Whitney Nelson presented this item, supported by Land Management Officer Tim Senior.

Key Points:

· Following the Ōhiwa Harbour Implementation Forum workshop held on 11 February 2021, DOC collated the feedback received as an independent third party and compiled submissions on behalf of the Forum for approval.

Key Points – Staff:

· A new vacancy was currently open at Bay of Plenty Regional Council for one Full Time Employee (FTE) Land Management Officer to provide further land management assistance in the eastern part of the region.

Amendments to the Submissions:

· Emphasise that the Forum seeks councils provide adequate support for recreation provisions and protection as highlighted in Strategy Action 3.1

· Support councils make provisions in their budgets for the recommendations in the recreation strategy for Ōhiwa Harbour and would like to see more protection planned with increased population and visitor numbers. The existing recreation strategy was to be appended to submissions.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Ōhiwa Harbour Implementation Forum submissions to council Long Term Plans

2 Approves the three appended submissions, with minor amendments as agreed at the meeting.

Bluett/Ransfield

CARRIED

7.3

Bringing the Bay of Plenty Regional Coastal Environment Plan to Life

Presentation - Bringing the Bay of Plenty Regional Coastal Environment Plan to life: Objective ID A3758416

Senior Planner (Coastal) Stacey Faire presented this item.

Key Points:

· Outlined the area the Bay of Plenty Regional Council covered in the Regional Coastal Environment Plan (the Plan)

· Coastal plans had a ten year lifecycle with the purpose of building up information and gathering evidence

· Compared the relationship between the Ōhiwa Harbour Strategy and the Plan and identified integration, collaboration and natural heritage as some common objectives

· Suggested measuring outcomes around the work being done in the area and consider how to measure effectiveness over time.

Key Points - Members:

· Suggested planting the Ōhiwa Harbour in native plants to address the sediment issues

· After discussion, it was clarified that ‘Mātauranga Māori’ in this context was about trying to incorporate Māori knowledge into plans

· Applauded the effort to incorporate Mātauranga Māori but questioned how to recognise this in legislation

· Fitting two cultural structures together was challenging but Western science and Mātauranga Māori had worked together successfully in 2014 when pilot whales beached in Ōhiwa Harbour

· There needed to be a big step forward in organisations in order for Māori to see further inclusion in their systems, structures and plans.

Key Points - Staff:

· The Forum could consider requesting that annual State of the Environment reporting include explicit cultural health indicators

· The Ōhiwa Harbour Implementation Forum was strong and had a rich history - there was potential to find cultural health indicators inside mahi already completed in the past to use as a case study and link into other plans in the future.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Bringing the Bay of Plenty Regional Coastal Environment Plan to Life.

Riesterer/Bluett

CARRIED

7.4

Pātangaroa hua rau: the economic potential of collagen and bioactives from eleven-armed sea-star to manage over populations in Ōhiwa Harbour.

Presentation - Awhi Mai Awhi Atu update: Objective ID A3758417

Waikato University Associate Professor Dr Kura Paul-Burke, Cawthron Institute Dr Matt Miller and New Zealand Institute for Plant and Food Research Dr Mat Cummings presented this item.

Key Points:

· K4 was the last remaining traditional mussel bed at the mouth of the harbour

· 12 sea stars were discovered in the K4 mussel bed which previously was sea star-free. They were found in poor condition and relocated within the harbour

· Juvenile snapper and other fish had been observed during the dive which was auspicious as these were previously not seen

· There was an average of 2000 mussels per spat line and the lines were 1-2 metres in length. Each mussel had an average of 128 individuals living on it, this was encouraging as building a mid-water biodiversity may assist in combating the degradation of the harbour

· Each line had a total of 256,000 individuals living on each line, all of which contributed to the complex biodiversity of the harbour food chain

· Work was aligned with the tangaroa phase of the maramataka which had proven successful

· The Awhi Mai Awhi Atu project was tracking ahead of time

· Pātangaroa hua rau was sponsored by National Science Challenges Sustainable Seas and the research was funded for two years. A circular economy was envisaged where any money earned would go back into the harbour

· The goal was to align with the values of the Forum and mana whenua, and to provide knowledge that could be used for economic opportunities

· Outlined the extraction protocol and the varied scientific and health benefits that may be gained from the bioactives extracted from starfish

· A concept product would be created using collagen as an example of what was possible if the project were to move forward.

In Response to Questions:

· Maintaining a balanced ecology system was important to the harbour and if the project was successful it would need to include sustainability monitoring

· For the proof of concept only 6 sea stars per season would be required and there were MPI permits in place for further takes related to scientific research.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Pātangaroa hua rau: the economic potential of collagen and bioactives from eleven-armed sea-star to manage over populations in Ōhiwa Harbour.

Bluett/Ransfield

CARRIED

7.5

Ōhiwa Harbour annual work programme update to February 2021 and proposed work programme for 2021/22

Land Management Officer Tim Senior presented this item.

Key Points:

· 32 hectares of land had been covered during November/December 2020 mangrove management operations

· Outlined options for 2022 Work Programme and received direction from the Forum:

o Most of the actions did not cost much money but involved a lot of time, with the exception of ‘Assess fish and tuna populations and remediate barriers to migration’

o Suggested removing ‘Report on bylaws and other rules and policies to identify gaps’ for the next opportunity to do so but consider if there were components that could be changed for next time around

o Agreed that the list would be taken to Ōhiwa Harbour Strategy Group (OHSG) to help prioritise the list and indicate where best the responsibility lay for getting assistance with each item

o The Ōhiwa Harbour Strategy and implementation were equally as important as the internal development of the Forum and having a dispute resolution process may help grow the Forum and assist its sustainability into the future.

o Clarified that the Forum had a very specific role and focused lens on the Ōhiwa Harbour and would not be involved in any mana whenua disputes, therefore a disputes resolution process would have to have very clear parameters.

In Response to Questions:

· Fish and tuna populations referred specifically to freshwater tributaries.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Ōhiwa Harbour annual work programme update to February 2021 and proposed work programme for 2021/22.

Riesterer/Bluett

CARRIED

8. Karakia Kati
Closing Karakia

A karakia was provided by Trevor Ransfield.

1.12 pm – the meeting closed.

Confirmed 12 November 2021

Cr Toi Kai Rākau Iti

Chairperson, Ōhiwa Harbour Implementation Forum

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:

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 19 November 2021

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority

Rangitāiki River Forum Minutes

3 September 2021

Rangitāiki River Forum

Ngā Meneti

Open Minutes

Commencing: Friday 3 September 2021, 10.30 am

Venue: Via Zoom (Audio Visual Meeting)

Heamana Tuarua

Deputy Chairperson: Bronco Carson (Te Rūnanga o Ngāti Whare)

Ngā Kopounga

Members: Bay of Plenty Regional Council

Cr Bill Clark, Cr Toi Kai Rākau Iti, Cr Stacey Rose,
Cr Kevin Winters

Hineuru Iwi Trust

Mei Winitana

Taupō District Council

Cr John Williamson, Cr Tangonui Kingi (Alternate)

Te Kotahitanga o Ngāti Tūwharetoa

Whakaeke Ritete

Te Runanga o Ngāti Awa

Miro Araroa, Tuwhakairiora O'Brien (Alternate)

Te Runanga o Ngāti Manawa

Karito Paul (Alternate)

Tūhoe Te Uru Taumatua

Ngapera Rangiaho

Whakatane District Council

Cr Alison Silcock, Cr Wilson James (Alternate)

Te Hunga i Tae Ake

In Attendance: Bay of Plenty Regional Council: Cr Andrew von Dadelszen, Chris Ingle – General Manager Integrated Catchments, Kataraina O’Brien (Director Strategic Engagement), Nassah Rolleston-Steed (Principal Advisor, Policy & Planning), Anaru Vercoe (Pou Whainga – Principal Advisor), Gemma Moleta (Senior Planner (Water Policy), Ashleigh Grant (Kaikarere Communications Partner), Charles Harley (Team Leader Eastern Catchments), Kendall Smith (Land Management Officer), Glenn Ellery (Data Services Manager), Fiona Wood (Programme Coordinator Integrated Catchments), Mieke Kapa (Land Management Officer), Gina Mohi (Pūtaiao Mātauranga), Michelle Lee (Planner (Water Policy)

Te Rūnanga o Ngāti Manawa: Terewai Kalman (Board member), Maxeen Newton (Pou Taiao)

Taupō District Council: Cornelia Dempsey (Co-Governance Manager), Dylan Tahau (Iwi & Co-Governance Manager)

Te Rūnanga o Ngāti Awa: Michal Akurangi (Manager Taiao)

Whakatāne District Council: Astrid Hutchinson

External: Jen Spence, Annie Tangata (Trustpower Limited)

Ngā Hōnea

Apologies: Chair Maramena Vercoe (Te Runanga o Ngati Manawa)

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Miro Araroa.

Mihi Whakatau

On behalf of the Forum, Miro Araroa provided a mihi of welcome to new appointed members from Taupō District Council, Cr John Williamson and Cr Tangonui Kingi (Alternate), which was supported by presiding Deputy Chair Bronco Carson.

2. Ngā Hōnea
Apologies

Resolved

That the Rangitāiki River Forum:

1 Accepts the apology from Maramena Vercoe tendered at the meeting.

Carson/Araroa

CARRIED

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

None declared.

4. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

4.1

Rangitāiki River Forum Minutes - 4 June 2021

Resolved

That the Rangitāiki River Forum:

1 Confirms the Rangitāiki River Forum Minutes - 4 June 2021 as a true and correct record, subject to the following amendments:

· Minute Item 6.1 Forum Members’ Verbal Updates:

o Agenda page 12: Mei Winitana – Hineuru Iwi Trust - second bullet point: Remove reference to ‘Ngāti Tūwharetoa’.

o Agenda page 13: Ngapera Rangiaho – Tūhoe Te Uru Taumatua – amend first sentence, second bullet point to read: “Community drop-in sessions held at Waiohau Marae were kaupapa driven and held on a need to basis”.

Rose/Rangiaho

CARRIED

5 Whakahoutanga Kōrero
Verbal Updates

5.2

Forum Members' Verbal Updates

Miro Araroa – Te Rūnanga o Ngāti Awa

· Acknowledged the recent passings of Ngāti Awa leader and kaumātua Dr Joe Mason, Ngāti Awa kaumātua Pairama Ranapia, and respected Tauranga Moana leader and kaumātua Dr Kihi Ngātai.

· Chief Executive Officer Leonie Simpson had resigned from her position, which was currently open for application.

Cr Bill Clark – Bay of Plenty Regional Council

· Sought an update on the installation proposal for toilet amenities on the east side of the Thornton river mouth. Member Miro Araroa responded advising that this matter was being followed up by Ngāti Awa alternate member Mr Tu O’Brien.

Karito Paul – Te Rūnanga o Ngāti Manawa

· Toilet refuse and litter at Matahina Dam was getting out of control and needed to be addressed. Noted that this issue had been raised at a previous Forum meeting.

Tu O’Brien (Alternate) – Te Rūnanga o Ngāti Awa

· Degradation of the environment on the eastern side of the Thornton river mouth was becoming an issue. Mr O’Brien had made an individual submission to the Whakatāne District Long Term Plan (LTP) but had not as yet received any feedback.

Cr Wilson James – Whakatāne District Council

· The LTP submission for installation of toilet amenities at Thornton river mouth was part of the Whakatāne District LTP.

· Would make enquiries regarding the above matter and litter issues at Matahina Dam.

10.44 am - Cr Tangonui Kingi withdrew from the meeting.

Mei Winitana – Hineuru Iwi Trust

· Materoa Brenda Lewis had been appointed as Hineuru Iwi Trust’s alternate on the Forum. A letter of formal notification to the Forum would be forthcoming.

· Ngāti Hineuru’s position on where it sat with the Forum would be articulated in a written statement in future.

· Noted the contentious relationship held with Meridian Energy in relation to a windfarm that had been setup on the mountain range of Tītīokura.

· Recently underwent a haerenga of places of interest/waahi tapu and streams that come from the mountain range that fed into Pouarua swamp at Matai Road, for which several iwi had interests. Looked forward to extending an invitation to the Forum in the near future to revisit those places of interest.

Whakaeke Ritete – Te Kotahitanga o Ngāti Tūwharetoa Trust (TKNT)

· Tauhara hapū had formed a good relationship with Contact Energy in relation to the development of the Tauhara geothermal power station. It was anticipated to employ up to 500 people, with the first option going to tangata whenua. To date, 50 tangata whenua had been employed. A letter of intent was being considered to seek the return of the whenua at a future point in time.

· Had contacted representatives of the East Taupō Lands Trust who had conveyed their interest in supporting a proposed Forum haerenga (field visit) to the source of the Rangitāiki awa.

· Affected hapū of rangatira whenua were forming good relationships with Taupō developers who wished to implement tikanga/kawa into their development processes.

5.3

Inclusion of added Iwi Representation on the Rangitāiki River Forum

Mei Winitana, member for Hineuru Iwi Trust spoke to this item.

Key Points:

· Ngāti Hineuru wished to seek inclusion of their association with the Rangitāiki awa within Te Ara Whānui o Rangitāiki (the River Document).

· Recommended that the Rangitāiki River Forum prepare for Ngāti Hineuru’s inclusion in the River Document, and associated Members’ Guide and Standing Orders.

· Noted that Ngāti Tūwharetoa (ki Taupō) and Ngāti Rangitihi (in the future) may potentially wish to seek the same inclusion.

· A report would be provided to a future Forum meeting for consideration.

Key Points - Staff:

· Principal Advisor Nassah Rolleston-Steed gave an overview of the processes for amending the River Document, as outlined on page 18 of the agenda.

· Pages within the River Document had already been dedicated to iwi associations, and it would be fair and reasonable to include the associations of other iwi that had joined the Forum following the enactment of the Ngāti Manawa and Ngāti Whare Settlement Acts.

Key Points - Members:

· Considered it would be a simple process to include and provide for iwi associations within the River Document.

Items for Staff Follow-Up:

· Liaise with Mei Winitana regarding any advice or assistance needed with reporting and preparing an update to the River Document.

6. Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

6.1

Membership Changes

Presented by: Cornelia Dempsey, Co-Governance Manager, Taupō District Council

Key Points:

· Cr John Williamson had been appointed as Taupō District Council’s primary member and Cr Tangonui Kingi as the alternate.

· Cr Williamson provided background on his third term as a Taupō District councillor alongside Cr Kingi and his roles on Council: environmental portfolio, member of Te Kōpu ā Kānapanapa, and Co-Chair of Te Arawa River Iwi Trust (TARIT)/Taupō District Council Committee.

· Looked forward to meeting members in person and contributing to the Forum.

· Noted that Cr Kingi had been in attendance earlier at the meeting, but was experiencing issues with internet connectivity.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, Membership Changes.

2 Confirms the appointments of Cr John Williamson and Cr Tangonui Kingi representing Taupō District Council, replacing existing members Cr Kylie Leonard and Cr Anna Park.

Rangiaho/Araroa

CARRIED

6.2

Participation of the RRF in the Essential Freshwater Policy Programme

Presentation - Participate Online Engagement – NPS-FM Values and Environmental Outcomes: Objective ID A3924434

Website link: Mapping our treasured freshwater sites | Participate BOPRC

Anaru Vercoe presented the report, which was followed by a presentation from Gemma Moleta and Ashleigh Grant on the Regional Council’s Participate BOPRC online engagement tool for mapping freshwater sites and values.

Key Points:

· Referred to the options outlined in the report and sought a decision on how the Forum may wish to participate in the Essential Freshwater Policy Programme (EFPP).

· In response to the Forum Chair’s request for members’ feedback, one response had been received suggesting that the Forum collaborate with
Te Maru o Kaituna River Authority to consider common matters.

· Tangata whenua had a distinct and crucial role to participate and identify Mātauranga, mahinga kai and associated tohu, which was separate to the Forum’s role to align participation with its purpose and functions.

· In considering the participation options, the Forum would need to manage what was possible within its workload.

Key Points - Members:

· Participation options should align with the purpose, vision and objectives of the River Document.

· Regarding sub-regional hui, Ngāti Hineuru, Ngāti Whare and Ngāti Manawa had held informal discussions based on shared interests and whakapapa.

· A level of confusion and frustration had arisen from two separate external workshops that had been held for tangata whenua by the Ministry for the Environment (MfE) on the National Policy Statement for Freshwater Management (NPSFM); and the Department of Internal Affairs (DIA) on the Three Waters reform. From a Maori perspective, Three Waters, NPSFM and Te Mana o te Wai (TMoTW) were interrelated, but were being dealt with in silos.

· Suggested a Forum workshop co-facilitated by Regional Council staff, MfE and DIA representatives may help to clarify matters.

· The Forum was in a unique position to bring iwi views together.

· Iwi had existing documents that may enhance understanding and relationships.

In Response to Questions - Staff:

· Option B: establish and run workshops with tangata whenua on TMoTW and Mahinga Kai – may provide an opportunity for the Forum to hear tangata whenua views, gain understanding, connect and establish stronger relationships.

· Option D: Participation in selection of hearing commissioner nominations (tangata whenua representative) – the Forum’s role could be to help facilitate the process, but would not override the recommendations of tangata whenua.

· The NPSFM was being led by MfE and the Three Waters programme sat with the DIA. In addition, the Water Services Act had also raised a number of issues for tangata whenua.

· Suggested that staff provide clarity for the Forum on the NPSFM, Three Waters and TMoTW matters at a future workshop, and suggested that Council Chairman Doug Leeder, who sat on the national freshwater implementation group, may be able to provide further context and understanding.

Presentation – Participate BOPRC

Key Points:

· Presented two online participation webpage tools that were now live and available to the wider community and tangata whenua to identify freshwater values that would help the National Objectives Framework vision, values, objectives, attributes and limit setting for the region’s freshwater management units.

· A number of values had already been identified through past involvement of the Rangitāiki freshwater community group, Regional Policy Statement (RPS) Change 3 and iwi/hapū management plans, however the online participation tools allowed further input to be provided.

· Information that was identified as sensitive could be withheld from public accessibility.

· Kaupapa Māori page

o Was dedicated to tangata whenua to identify and map freshwater values through a kaupapa Māori lens

o Could be adjusted to reflect specific values

o Required a link, password and completion of registration to access

o Pages could be secured where data sovereignty wished to be maintained.

o Online links were available to resources such as TMoTW, Te Hononga: Māori Regional Engagement Plan and Mātauranga Māori documents

o Online engagement tool was an additional option under Te Hononga

o Iwi members could contact Anaru Vercoe in the first instance, if interested in accessing the Kaupapa Māori page.

· People could follow the pages to receive updates.

· Nicola Green (Principal Advisor, Policy & Planning) would present to the Forum in the near future on how the River Document and Change 3 to the RPS could be incorporated into the vision requirements under the NPSFM.

· Management of conflicting land values would be directed by the NPSFM.

Items for Staff Follow Up:

· Provide further information to Ngapera Rangiaho on the Participate online engagement pages.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, Participation of the RRF in the Essential Freshwater Policy Programme;

2 Requests a dedicated workshop on Te Mana o Te Wai, and extends an invitation to Regional Council Chairman Doug Leeder to attend and provide a national context/overview.

Araroa/Winitana

CARRIED

11:53 am – Cr Tangonui King entered the meeting.

11:54 – Whakaeke Ritete withdrew from the meeting.

6.3

Whakatāne District 2021 Representation Review

Presented by: Cindy Butt, Manager Governance Services | Tumu Mana Whakahaere

Key Points:

· Provided an update on key changes that had been made by the Whakatāne District Council at its meeting on 17 August 2021:

o A decision had been made on the names of the general wards (Rangitāiki, Whakatāne-Ōhope and Te Urewera) and Māori wards (Rangitaiki, Whakatāne -Ōhope and Toi ki Uta).

o The following changes to general ward boundaries were proposed:

§ Area from Golf Links Road to Shaw Road to be transferred from the Rangitāiki general ward into Whakatāne-Ōhope general ward.

§ Southern part of the Rangitāiki general ward that included Te Mahoe Village was proposed to be transferred into the Te Urewera general ward.

· The Rangitāiki Māori Ward and the Te Urewera sub-division of the Murupara Community Board did not comply with the legal requirement of population balance, therefore the Local Government Commission would make a decision on the proposal.

In Response to Questions:

· Rationale regarding the composition of the proposed wards was balancing communities of interest and population criteria, as a requirement under the Local Electoral Act, noting the challenge of having large pockets of rural and conservation land in areas with little population.

· Te Mahoe Village residents had not been consulted, but welcomed the opportunity to engage if there was interest from them.

· Encouraged submissions to be made to the representation proposal, and for any concerns to be outlined.

12:05 pm – Cr Stacey Rose withdrew from the meeting.

Key Points - Members:

· Te Mahoe residents primarily had whakapapa connections with Te Teko and may have an issue with the proposed boundary change.

· Ngapera Rangiaho had been in contact and would be following up with the Chair of Te Mahoe Village Community Trust and village residents who were aware of the representation proposal.

· Questioned whether a submission from the Forum on the representation review process was within the scope of the Forum’s purpose.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, Whakatāne District 2021 Representation Review.

Winters/Rangiaho

CARRIED

Hei Pānui Anake
Information Only

6.4

Rangitaiki Catchment Programme Reporting

Presentation - Upper Rangitaiki Focus Catchment Programme Update: Objective ID A3927446

Charles Harley presented the report, followed by a presentation from Kendall Smith on the Upper Rangitāiki Focus Catchment Programme.

Key Points:

· 2021/2022 Annual Work Plan had been delayed due to the Councils’ Long Term Plan processes, for which programme budgets were now confirmed.

· Presentation on the Upper Rangitāiki Focus Catchment Programme outlined the following:

o Catchment summary and land use

o Key issues: high nitrate, eutrophic levels and land erosion due to pumice soils which influence mobile nutrients into groundwater

o Project progress report card for May 2021

§ Noted great uptake by landowners with significant investment going into environmental protection

§ 2021-23 Work Plan was supported by substantial funding from Central Government.

o Staff were working with farmers to assess nutrient losses, nitrogen reduction scenarios and how these would impact operations.

o Next Steps:

§ Continue fencing waterways and wetlands, mitigating critical source areas (low land), implementing good management practices, help farmers understand the issues and mitigation, and develop long-term water quality data sets

§ Work with Regional Council science/policy teams to identify nitrogen reductions required

§ Would like to develop relationships with local iwi and hapū

Key Points - Members:

· Noted the following reporting corrections:

o 2020-2021 Annual Report results and highlights (page 48 of the agenda) - Installation of the flying fox at the reserve at Lake Aniwaniwa had been funded by Holly’s Playground Committee and overseen by the Whakatāne District Council.

o 2020-2021 Annual Report (page 70 of the agenda) – Lake Aniwaniwa shade sails had been 50% funded by Holly’s Playground Committee.

o 2021-2022 Annual Work Plan (page 90 of the agenda) - Lake Aniwaniwa regional playground facility was developed in conjunction with Holly’s Playground Committee (not the Galatea Reserves Committee); development of the walkway was being undertaken by the Galatea Trails Trust; and KPI/Deliverable fourth bullet point was in conjunction with Holly’s Playground Committee (not the Murupara Community Board).

· Whakatāne District Council were liaising with the Department of Conservation in regards to a solution for toilet amenities on the eastern side of the Thornton river mouth, which was still a work in progress. Cr James would provide an update on this at the next Forum meeting.

· Pest control and wetland restoration at Karamuramu wetland had seen positive results in the first year with regeneration of bird life. Commended the work being undertaken and the involvement of rangatahi/youth groups.

In Response to Questions - Staff:

· Would follow-up with Whakatāne District Council staff regarding the reporting corrections for Lake Aniwaniwa.

· Rangitāiki catchment fish surveys were on hold due to new NPSFM reporting requirements for ecosystems and habitats, which needed survey criteria to be re-grouped.

· Staff were waiting for release of the National Policy Statement for Indigenous Biodiversity to provide direction on future work.

· Wallaby surveillance and control along the western river edge at Matahina was planned within the 2021/2022 annual work plan.

· Nitrogen in the upper catchment was predominantly diffuse nitrate, which was difficult to pinpoint, therefore staff were targeting farm practices.

· The cause of high eutrophic levels was from land use and free pumice soil, which posed a challenge for nitrogen reduction.

· Eutrophic levels were often impacted by high nitrogen and phosphorus levels, which could also affect water quality downstream.

Items for Staff Follow Up:

· Provide a communication update on wallaby surveillance and control at Matahina.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, Rangitaiki Catchment Programme Reporting.

Carson/Paul

CARRIED

7. Whakaaturanga
Presentations

7.1

BOPRC Environmental Data Portal Demonstration

Website link – https://www.boprc.govt.nz/environment/maps-and-data/environmental-data

Presented by: Glenn Ellery, Data Services Manager

12:47 pm – Cr Iti withdrew from the meeting.

Key Points:

· Bay of Plenty Regional Council’s (BOPRC) Environmental Data Portal made data that was collected and held by BOPRC publicly available for use.

· The portal followed Central Government open data standards and principles, met national data quality standards and had been designed to protect data where needed.

· The home page provided a video on how to use the portal, along with frequently asked questions.

· Data searches and sets of reports could be saved, exported, downloaded and shared with others.

· Issues and enhancements were frequently considered for how to make the portal more user friendly and to add further value to how the data could be used.

· Provided an overview of some of the portal’s features – air quality, river levels, water quality, wave buoys (Bowentown and Pukehina), interactive map, extensive list of search parameters, recent to historical data.

· Contact details for any queries was available on the portal home page.

In Response to Questions:

· Work was underway to provide river flow warning lines via the dashboard to provide context of river heights during heavy rainfall events.

· Improvements for using the portal via a mobile app were being discussed with the developer, however noted that mobile phone functionality was unlikely to ever be the same as computer/laptop functionality.

Key Points - Members:

· Commended the portal as a great tool.

8. Karakia Kati
Closing Karakia

A karakia was provided by Miro Araroa.

1:05 pm – the meeting closed.

Confirmed 3 December 2021

Bronco Carson

Deputy Chairperson, Rangitāiki River Forum



Report To:	Regional Council
Meeting Date:	16 December 2021
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report (for the 10 November 2021 Council meeting) I have attended and participated in a number of meetings and engagements as Chairperson on behalf of the Bay of Plenty Regional Council (BOPRC).

This report sets out those meetings and engagements, outside of Council, Committee and Sub-Committee meetings, and highlights key matters of interest that I wish to bring to Councillors’ attention.

Recommendations

That the Regional Council:

1 Receives the report, Chairperson's Report.

1. Purpose

The purpose of this report is to update Council on meetings and engagements, outside of Council, Committee and Sub-Committee meetings, I have attended and participated in as Chairperson. Also to highlight key matters that will be of interest to Councillors.

The following section summarises these meetings and engagements. I will provide further detail at the meeting in response to any questions you may have.

2. Meetings and Engagements

Date	Meeting / Engagement	Comment
3 November	Breakfast meeting with Western Bay of Plenty District Council Mayor Garry Webber, and Tauranga City Council Commissioner Anne Tolley – Tauranga	Attended.
	Meeting with Pouroto Ngaropo, Community Connections representative, Western Bay of Plenty District Council Mayor Garry Webber, and Tauranga City Council Commissioner Anne Tolley – Tauranga	Discussed Tangata Whenua Representation.
	Regular meeting with SmartGrowth Independent Chairperson Peter Winder, Strategic Advisor Kelvin Norgrove, Western Bay of Plenty District Council Mayor Garry Webber, and Tauranga City Council Commissioner Chair Anne Tolley – Videoconference	Attended.
8 November	Tangi of Tauranga Moana Rangatira and Kaumātua Huikakahu Brian Kawe - Tauranga	Attended.
11 November	Local Government New Zealand National Council catch-up – Videoconference	Attended.
12 November	UNISA Mayors and Chairs meeting – Videoconference	Discussed Future for Local Government, COVID-19, and updates provided on the Clean Hull Plan, Circular Economy and Climate Change workstreams.
15 November	Quayside Ltd Aqua Curo Site Visit – Tauranga	Councillors and Senior Staff from Western Bay of Plenty District Council and Bay of Plenty Regional Council were also in attendance.
17 November	Freshwater Implementation Group meeting – Videoconference	Attended.
18 November	Bay of Plenty Agricultural Advisory Committee meeting – Te Puke	Attended.
19 November	Te Whānau-a-Apanui Aquaculture Update - Whakatāne	Attended.
22 November	Meeting with Ngai Tamawhariua representatives – Tauranga	Discussed Relationships and Actions, post Long Term Plan.
25 November	Local Government New Zealand Regional Sector Dinner – Wellington	Attended.
26 November	Local Government New Zealand Regional Sector meeting – Wellington	This is covered in more detail in the following section.
1 December	SmartGrowth Leadership Group meeting – Tauranga	Attended.
1 December	Ministry for the Environment Resource Management Reforms update to the Bay of Plenty Mayoral Forum – Videoconference	Attended.
3 December	Local Government New Zealand National Council meeting – Videoconference	Attended.

3. Matters of Potential Interest

3.1 Local Government New Zealand Regional Sector Group

The Regional Sector meeting for regional/unitary council Chairs/Mayors and Chief Executives, was held on 26 November in Wellington. There were updates from Local Government New Zealand about their strategy refresh and Local Government reforms; there was a discussion around the Regional Sector priorities, and the sector’s responses to COVID-19. Presentations were also provided by:

· Minister for the Environment Hon David Parker, discussed the Resource Management Reform and Freshwater Reform.

· Dr Caroline Read, Chief Executive, Overseer Ltd spoke about the future of Overseer as a regulatory tool.



Report To:	Regional Council
Meeting Date:	16 December 2021
Report Writer:	Stephanie Macdonald, Community Engagement Team Leader
Report Authoriser:	Kataraina O'Brien, Director, Strategic Engagement
Purpose:	Approves the Community Participation Action Plan

Revised Community Participation Action Plan

Executive Summary

The Community Participation Action Plan 2021-2023 (CPAP) sets out the aspirations and actions to lift community participation for; Community Engagement, Volunteers, Funding and Democracy.

Increased public participation will lead to enhanced trust in decision making and stronger support for decisions. Engaged communities are more resilient in facing challenges and change and active communities in the volunteering space will lead to greater environmental outcomes.

Following a Council Workshop held on 23 November 2021, staff have revised the CPAP to better reflect aspirations.

Recommendations

That the Regional Council:

1 Receives the report, Revised Community Participation Action Plan.

2 Approves the attached, Revised Community Participation Action Plan

3 If required, delegates to the Strategic Engagement Director the ability to make minor changes to the Community Participation Action Plan

1. Introduction

Community Participation is one of the three impact areas identified during the development of Council’s Long Term Plan 2021-2031.

The CPAP sets out the aspirations and actions to enhance community participation across four focus areas: Community Engagement, Volunteers, Funding and Democracy. The CPAP provides a road map of actions to ensure co-ordination and delivery across teams, including reporting and evaluation. Specific actions reflect KPIs adopted in the Long Term Plan 2021-2031 and within team service plans.

Actions will be revised regularly as projects are completed, and pilot activities will ensure clearer direction on actions that will have the greatest impact.

2. Document development

Staff and Councillors have worked together over the past 6 months to develop the CPAP. Key milestones are listed in the table below:

Date

Detail

Action/outcome

29 Jul 2021

Leadership Summit
Socialised Draft Impact Statements

Discussion on ways to deliver on impact areas

11 Oct 2021

Informal Councillor Briefing

Councillors updated on progressing the CPAP

27 Oct 2021

Strategy and Policy Meeting

Draft CPAP presented

Requested a further workshop

23 Nov 2021

Strategy and Policy Workshop with Anne Pattillo

Discussed key parts of the draft CPAP and agreed on amendments

16 Dec 2021

Council Meeting
Amended CPAP presented

Seek approval of CPAP

2.1 Purpose of the document

The CPAP provides an overview of how teams across council will deliver on impact areas identified through the Long Term Plan development. It aligns with work underway for the Climate Change and Partnerships with Māori impact areas.

Reporting will align with Aro Take (Quarterly Report) schedules, and presented alongside the other two Impact Areas, Climate Change and Partnerships with Maori.

2.2 Current revisions

The revised Action Plan reflects the direction given at the 23 November Council Workshop. Key changes include:

· A review of structure and terminology to create a more cohesive document with clear outcomes within the scope of council-led work

· A greater emphasis on trying new and proactive engagement approaches to reach new audiences in small and large communities, and increased councillor involvement in these processes

· Recognition of the transformational shift to digital engagement for both community and council

· Support for volunteers and funding to make the most of the potential environmental and social impacts

· A focus on voter participation in the Democracy Focus Area

2.3 Alignment with Strategic Framework

A Healthy Environment	We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.
Freshwater for Life	We listen to our communities and consider their values and priorities in our regional plans.
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.
The Way We Work	We continually seek opportunities to innovate and improve.

Increased public participation such as engagement, and democratic processes will lead to enhanced trust in decision making and stronger support for decisions.^{^[1]}

Stronger communities are more resilient in facing challenges and change. More active communities in the volunteering space will lead to greater environmental outcomes.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks identified. Issues inherent in Community Participation such as managing public expectations can be managed by following best practice, transparent communication and democratic process. Teams will continue to manage specific risks within their work streams, and coordinate responses that sit across multiple teams.

3.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts directly. However where appropriate the Community Participation Action Plan identifies opportunities to support the goals of the Climate Change Action Plan through engagement, funding and volunteers.

3.3 Implications for Māori

The actions addressed in this report support more representative participation from our diverse community. Typically, Māori have been under represented in engagement, volunteering, community funding and democratic processes. Piloting new engagement approaches, supporting greater digital engagement and measuring our representativeness in volunteering and engagement participation should all support a greater Maori voice within council. As the Partnerships for Maori Action Plan is developed, the Community Participation network will identify opportunities to support common goals.

3.4 Community Engagement

Engagement with the community on the CPAP is not required as the document operationalises the delivery of LTP commitments.

Engagement will occur across the Spectrum of Engagement (Inform, Consult, Involve, Co-operate, Empower) on a project by project basis. This will be determined by community interest, capacity and capability, legislative mandates and the ability of community to affect decisions.

3.5 Financial Implications

There are no unbudgeted financial implications, the CPAP actions fit within existing allocated budgets.

4. Next Steps

An internal cross organisational network has been established and work already is underway to deliver on many of the stated action points. For example, staff are planning to execute Participatory Budgeting and will provide a presentation to Councillors at this meeting.

The CPAP will provide a clear organisation wide direction on how council as a whole can best deliver on the aspirations for greater Community Participation. The network will advance the actions identified in the Community Participation Action Plan, and report progress annually to Council.

Attachments

Attachment 1 - Revised- Community Participation Impact Action Plan -version 1DEC21_V3 ⇩



Report To:	Regional Council
Meeting Date:	16 December 2021
Report Writer:	Toni Briggs, Senior Project Manager and Jon Jon Peters, BOP Harbourmaster/Manager
Report Authoriser:	Sarah Omundsen, General Manager, Regulatory Services
Purpose:	To provide Councillors with the proposed plan to review the Regional Bay of Plenty Navigation Safety Bylaws 2017 under the Maritime Transport Act 1994 and the Local Government Act 2002.

Review of Navigation Safety Bylaws 2017

Executive Summary

The Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M in the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

The Local Government Act 2002 requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed; and within a two-year time frame from that review date. Bay of Plenty Regional Council generally reviews the Bay of Plenty Regional Navigation Safety Bylaws every five years to ensure that the Bylaws reflect the most up to date legislation, Maritime regulations and rules, and current regional risks and issues.

The Bylaws were previously reviewed and revised in 2017. There are a number of minor technical amendments that staff consider should be made as soon as practicable, but there are also some more significant issues that need to be addressed.

Staff are proposing a two-year timeframe for review that includes summer pre-engagement campaigns to gauge community support (or not) for some potential changes around identified issues and challenges. Staff are also involving tangata whenua in a number of small monitoring programmes over summer to provide information to support decision making around potential changes to the Bylaws.

Recommendations

That the Regional Council:

1 Receives the report, Review of Navigation Safety Bylaws 2017

2 Agrees to the plan and timeline for review of the Navigation Safety Bylaws 2017.

1. Introduction

The Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M of the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

The Local Government Act 2002 requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed; and within a two-year time frame from that review date. Bay of Plenty Regional Council generally reviews the Bay of Plenty Regional Navigation Safety Bylaws every five years to ensure that the Bylaws reflect the most up to date legislation. Maritime regulations and rules, and current regional risks and issues.

This paper outlines proposed timeframes for the review process. Given some of the potential challenges already identified with the review, staff are proposing a two-year timeframe that includes summer pre-engagement campaigns to gauge community support (or not) for some potential changes. Some summer monitoring will also be done with the help of tangata whenua volunteers.

1.1 Legislative Framework

1.1.1 The Maritime Transport Act 1994:

Under section 33M of the Maritime Transport Act 1994, Regional Council is mandated to “ensuring maritime safety in its region… [and] …may make Bylaws to:

(a) regulate and control the use or management of ships

(b) regulate the placing and maintenance of moorings and maritime facilities

(c) prevent nuisances arising from the use of ships and seaplanes

(d) prevent nuisances arising from the actions of persons and things on or in the water

(e) reserve the use of any waters for specified persons, ships, or seaplanes

(f) in relation to boat races, swimming races, or similar events

(i) prohibit or regulate the use of ships

(ii) regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas

(g) regulate and control the use of anchorages

(h) prescribe ship traffic separation and management schemes

(i) specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft

(j) require the marking and identification of personal watercraft.”

Maritime Rules

While the Maritime Transport Act stipulates broad principles of maritime law, the rules contain detailed technical standards and procedures. Compliance with the rules is required because they form part of New Zealand maritime law. Failure to comply with the rules may be an offence under the Act.

The maritime rules are statutory instruments (or secondary legislation) made by the Minister of Transport under the Maritime Transport Act 1994.

Maritime rules relate to the safety of ships and people. The rules prescribe requirements for ship design, construction, equipment, crewing, operation, tonnage measurement, and for the carriage of passengers and cargoes. Many of the standards are based on international ship safety conventions.

Of particular importance to Regional Councils are:

Maritime Rules – Part 90 – Pilotage

Maritime Rules Part 90 specifies compulsory pilotage areas and thresholds for pilotage. It also covers qualifications and training for pilots and pilotage exempt masters, and the issue of pilot licences and masters’ pilotage exemption certificates (PECs) by the Director of Maritime New Zealand. This is of particular importance for the Port of Tauranga.

Maritime Rules – Part 91 – Navigational Safety

Part 90 outlines navigation safety rules, specifically for personal floatation devices, anchoring and mooring, give way rules, wakes and proximity to oil tankers and ships carrying dangerous goods.

1.1.2 The Local Government Act 2002:

Regional councils make bylaws under the LGA 2002 under the general procedure for making bylaws (sections 155-161) and consult on bylaws using the special consultative procedure (section 86).

1.1.3 Marine Transport (Infringement Fees for Offences – Bay of Plenty Regional Navigation Safety Bylaws 2017) Regulations 2017:

Under section 33O of the Marine Transport Act, Regional Council can set infringement fees by Order in Council. At present we have 2017 regulations, which outlines offences under the Bay of Plenty Region Navigations Safety Bylaws 2017 and the fees applicable for those offences.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

The Maritime Operations Activity provides a 24/7 navigation safety and maritime oil spill response across the region, as required by regulations and Regional Council requirements. This involves operating an around-the-clock call centre and duty roster, administering moorings and commercial/event licences, and maintaining navigational aids, lights, and beacons around the region.

We promote navigational safety through a combination of enforcement and education and our aim is to ensure people are kept safe on the water and our maritime environments are protected from spills. The Navigation Safety Bylaws is a key component of this work.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Medium - Positive

Further guidelines available here.

The review of the Navigation Safety Bylaws 2017 will affect the Cultural and social well-beings directly.

2. Review of 2017 Bylaws

An internal review of the effectiveness of the existing Bylaws is currently underway. Overall, staff consider that the current Bylaw rules are effective for the protection of maritime safety in the Bay of Plenty. However, there are a number of minor technical amendments that staff consider should be made as soon as practicable to improve implementation of the Bylaws (Attachment 1: Proposed Minor Technical Amendments).

Further, there are four legacy issues that are continually challenging to Council that will need to be addressed:

· Ongoing concerns by Matakana Island and Motuhoa Island residents over ski lane areas in Tauranga Harbour, particularly Hunters Creek Ski Lane.

· Speed uplifting rules and the impact jet boats have on areas on the Kaituna River.

· Speed uplifting rules and the impact jet boats have on areas on the Tarawera River, through Kawerau.

· Prohibition of Personal Watercraft (PWC), especially jetskis from most of Ōhiwa Harbour.

A background and discussion of these issues are provided at:

Attachment 2: Hunters Creek history

Attachment 3: River speed uplifting

Attachment 4: Ōhiwa Harbour Personal Watercraft Rules

2.1 Information gathering, communications and timeframes

A critical element of the Bylaws review process is ensuring that robust public consultation is undertaken, particularly as these Bylaws have the potential to affect many individuals.

Staff are proposing a pre-engagement and consultation process that includes an informal non-statutory component as well as a statutory consultation period, as set out in the Local Government Act’s Special Consultative Procedure (s 83). This is anticipated to run over two years (see Attachment 5: Project Timeline)

Pre-engagement will include summer campaigns to gauge community support (or not) for some potential changes around the identified issues. (Attachment 6: Summer community conversations). Staff will undertake summer consultation campaigns on the potential changes to the Bylaws using the Participate pages on our website.

Staff are also involving tangata whenua in a number of monitoring programmes over summer to provide information to support decision making around potential changes to the Bylaws (Attachment 7: Summer monitoring and data collection)

This engagement will inform the eventual options analysis and decision-making around the legacy issues, mentioned above, in order for Council to make decisions around any changes to the 2017 Bylaws.

3. Considerations

3.1 Risks and Mitigations

Given the four legacy issues mentioned above, this project is considered to be high risk. To mitigate some of the risk staff have proposed the 2 year pre-engagement period that will include specific engagement with affected tangata whenua. Previous recommendations from staff, community, Councillors and Commissioners will be reviewed and new feedback included in detailed options analysis. Clear rationale will be developed as part of the review process to ensure transparency and openness of the process. Further risk analysis and management will be built into the project management of the Review.

3.2 Climate Change

Crtl + click for guideline material.

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

3.3 Implications for Māori

Crtl + click for Guideline material.

The Treaty principles and the partnership upon which it is founded are an established part of our local government framework. As Treaty partners, Māori hold a unique role in shaping and contributing to regional leadership and direction.

Two of the legacy issues are of particular importance to tangata whenua (Hunters Creek ski Lane and river speed uplifting) and will need to be resolved carefully.

3.4 Community Engagement

Consider identifying in the report:

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.

A detailed Communications and Engagement Plan will be developed for the Navigation Safety Bylaws Review project. This will specifically outline the pre-engagement and consultation aspects of the project.

Due to the complex nature of the legacy issues in particular, we will need to work directly with some affected stakeholders. Communication and engagement will need to use a range of consultation, engagement and involvement techniques that can be tailored for specific groups and subjects.

3.5 Financial Implications

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

4. Next Steps

o Run the “Participate” web campaign from 17 December 2021 to 31 January 2022.

o Undertake summer monitoring and data collection over 2021-2022 summer boating season

o Analyse data and Participate feedback

o Develop a further pre-engagement plan for 2022 – undertake engagement with key community groups, stakeholders and tangata whenua around key challenges/issues

o Start developing options for potential changes to the Bylaws as part of the formal review at the end of 2022

o Report back to, or workshop with, Council later in 2022 on options for formal consultation in early 2023.

Attachments

Attachment 1 - Attachment Review Matters for Bay of Plenty Navigational Safety Bylaws ⇩

Attachment 2 - Hunters Creek History ⇩

Attachment 3 - Speed Uplifting ⇩

Attachment 4 - Attachment Ohiwa Harbour Personal Watercraft Rules ⇩

Attachment 5 - Proposed Timeline Nov 21 ⇩

Attachment 6 - Attachment Summer community consultation ⇩

Attachment 7 - Attachment Summer Monitoring and Data Collection ⇩



Report To:	Regional Council
Meeting Date:	16 December 2021
Report Writer:	Matthew Harrex, Consents Team Leader
Report Authoriser:	Sarah Omundsen, General Manager, Regulatory Services
Purpose:	This report is seeking approval from Council to procure consultant services to process resource consents.

Consent Processing Consultants

Executive Summary

Consultants are used to process resource consents on behalf of Regional Council to provide additional capacity when demand is high and to avoid any potential conflicts of interest. A three-year panel supply contract has been in place since 2018 in order to engage consultants for this purpose. The contract has now expired and this paper seeks approval to go back out to market and contract services from a number of suppliers to process consents on behalf of Regional Council.

Recommendations

That the Regional Council:

1 Receives the report, Consent Processing Consultants.

2 Approves the Comprehensive Procurement Plan for Planning Services

3 Approves going to market to invite proposals/tenders as set out in the Procurement Plan

4 Delegates financial authority to the CEO to approve contracts and supplier selections in exceedance of $400,000 relating to this panel, including contract variations and appointing additional suppliers.

1. Introduction

Since 1 November 2018 Council has engaged 17 consultants under a panel supply contract to process resource consent applications where either additional capacity beyond council staff is required to ensure statutory timeframes are met, or to manage potential conflicts of interest.

The three year supply agreement has been successful in enabling Council to meet our statutory timeframe targets. In the last two years over 95% of applications have been processed within statutory timeframes.

The current panel contract has expired, this report is seeking approval to procure consultant services to continue processing resource consents. It is proposed that the future procurement arrangements will be similar to what has been in place over the last three years.

1.1 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
Freshwater for Life	We deliver solutions to local problems to improve water quality and manage quantity.
The Way We Work	We honour our obligations to Māori.
The Way We Work	We provide great customer service.
The Way We Work	We deliver value to our ratepayers and our customers.
The Way We Work	We continually seek opportunities to innovate and improve.
The Way We Work	We look to partnerships for best outcomes.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

The purpose of Local Government includes promoting the social, economic, environmental, and cultural well-being of communities in the present and for the future.

Identify which dominant Community Well-being(s) the project/proposal will affect. Also indicate what level of impact and what effect the project/proposal will have on the relevant well-being(s). For instance consider:

• Will the project/proposal have a high, medium or low impact on the well-being(s)?

• Are the effects of the impacts positive and/or negative?

• Describing simply the overall impact of the project/proposal.

• Providing an explanation if there are positive and negative impacts for each well-being(s).

• Identifying if your assessment of the actual or proposed impact is backed by evidence.

Also consider identifying if there are any relevant considerations against the Living Standards Framework.

Further guidelines available here.

The proposal is to engage additional resources when required to ensure council can continue to meet its statutory requirements for processing resource consent applications and to manage potential conflicts of interest. Overall this provides a positive benefit to the community and our treaty partners.

2. Consent processing consultants

2.1 Experience to date

Consultants have been used to process consents to either ensure our capacity meets demand as new application come through and to also process applications where there may be a perceived conflict of interest (such as where the Regional Council, Quayside, or Port of Tauranga are the applicants).

Over the period 1 July 2018 through to 1 July 2021:

· 15% of all applications were processed by consultants (197 applications out of a total 1,361).

· Initially consultants were utilised to work through a number of backlog applications, the share processed by consultants has dropped from 21% in 2018/19 to 12% in the 2020/21 financial year.

· 9% (18) of applications processed by consultants over the three years were sent to consultants to manage a potential conflict of interest.

Figure 1: Comparison of resource consent applications processed by consultants against those processed internally.

The chart above shows that the proportion of applications processed externally is relatively small despite the rapid growth in total applications. The total spend on consultants over the three year period was $3,955,000 (2018-2019 = $1,588,000, 2019-2020 $1,095,000 and 2020-2021 = $1,272,000). These costs are on charged to the applicant as part of the normal consent processing charges.

Figure 2: Median and mean cost of completed applications processed by Consultants.

The graph above illustrates the wide range of cost between applications. Some consents processed externally are very complex and it takes a long time to work with the applicants on achieving the right outcome. Because of this the median cost is the most useful measure to track the general costs of applications. The median cost for consents processed sits around $4,500 across the three financial years. The cost are similar when this is compared to consents processed internally.

Utilising consultant contractors through a panel supply arrangement has proven to be an appropriate way to ensure Council provides good customer service, meets statutory timeframes and manage conflicts of interest. This paper is seeking approval from council to retender the supply contract for consultant processing services. The contract will be a three year term with a three year renewal option. Using a smaller number of consultants regularly enables us to ensure consultants are familiar with our systems, processes and approaches to consenting.

2.1.1 Learnings and opportunities from current arrangements

Utilising consultants to balance our capacity and manage conflicts of interest has proven to be a successful way for us to ensure we continue good service to our customers and meet our statutory timeframe requirements.

Consultants have also proven to bring valuable support to processing some more complex consents when our senior consent planner capacity has been exhausted.

Managing time and cost is sometimes a challenge with applicants, however we have found that we can influence this with regular conversations with consultants, and familiarity with activities supports more efficient processing.

In recent years using fewer of the panel contractors more regularly has enabled us to have better oversight of our customer experience and quality work undertaken by consultants. Through the next RFP process we will be looking to reduce the total number of consultants on the panel to support this learning.

Through this procurement round there is an opportunity to extend the scope of the panel contract to enable consultants to be engaged in policy development work.

2.2 New procurement process

In 2018 a full request for proposal (RFP) process was undertaken. 17 consultancy firms were appointed to a panel of approved suppliers, in recent years we have been regularly using 5 of these.

The previous contract expired on 31 October 2021, some Consultants continue to work under written agreement based on the same terms and conditions as agreed through the previous contracts. This will continue until a new panel is tendered and established.

The attached procurement plan proposes to undertake a similar RFP process to test the market with some changes to implement the learnings above. Most significantly we intend to reduce the number of consultants to focus on quality while seeking to ensure capacity is reasonable. We will be more specifically looking for consultants that understand and will uphold our customer service approach.

The new procurement plan seeks to establish a three year term with the right to renew for a further three years. We will also seek to ensure that our service provision is not limited to those on the panel. This will allow us to approach and utilise other providers should we see fit.

3. Considerations

3.1 Risks and Mitigations

Key risks: explain what is unknown and possible financial, health and safety, reputational or environmental impacts could be. Include proposed mitigations. Cover the full range of risks. Consider: Health and Safety, Stakeholder, Legal, Financial, Trade-offs, Timing, and Communications. See Guideline material for details.

Identify the risks that will occur if the above decision is agreed upon vs the risks involved if the above decision is not agreed.

Identify how these risks will be mitigated or minimised.

If unsure or there is any doubt regarding the level of risk, please discuss with your GM.

A summary of risks and their mitigations have been outlined in the attached procurement plan. The previous three years’ experience has proven that the key risks can be adequately managed to ensure a quality and cost effective customer service experience.

Cost – All costs are passed directly to the applicant. Contractor hourly rates are agreed prior to engaging their services. Work is approved through a purchase order process, any work over the initial purchase orders need to be approved by council staff in advance. This ensures that we can maintain sufficient oversight of costs incurred by applicants. Efficiency of processing applications is promoted as measure to reduce the costs.

Essentially when we identify issues with service we work with our consultants to address these. If they are not resolved we can choose stop using them.

3.2 Climate Change

The aim of this section is to ensure your thinking and assumptions around climate change are explicit and to provide visibility as to how our work relates to climate change. Consider:

Use the building block below when considering Climate Change implications.

Crtl + click for guideline material.

The matters addressed in this report are not sensitive to the effects of climate change. Staff have also considered the effect of the initiative on greenhouse gas emissions and recommend that there will be no effect.

Suppliers will be given the opportunity to demonstrate their organisations commitment to combating climate change.

3.3 Implications for Māori

Council has responsibilities to Māori under the LGA and the RMA. We are required to meet those responsibilities and identify any potential implications for Māori. Please consider including this section for reports going to all committees. The following questions will aid your analysis:

Crtl + click for Guideline material.

The consenting process results in almost every applicant engaging with tangata whenua about their proposal, and staff have regular contact with iwi and hapū 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.

Suppliers will be asked to demonstrate their understanding of how they will support our partnership with tangata whenua through their work.

3.4 Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

While the preference is for applications to be processed internally on some occasions this is not possible. Regular customer satisfaction surveys has demonstrated a high level of customer satisfaction (85% for the last financial year). Further community engagement has not been undertaken on this matter.

3.5 Financial Implications

If the recommendation is adopted by Council, will it result in:

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

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

Based on an estimated $1,300,000 per annum for three years and including an option to extend a further three years the total value of the contract is estimated at $3,900,000. The actual cost of the work to council is offset by an increase in revenue recovered from the applicants.

Taking into account the recovery of costs through applicants, sufficient budget has been planned and provided for in the current and future budgets through the long term plan.

Resource Consents
	Current $000	2020/21 $000	2021/22 $000	2022/23 $000	2023/24 $000	2024/25 $000
Operating Expenditure
Contract work	$476	$491	$506	$522	$538	$538

4. Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Once approved by Council the RFP process will be confirmed and sent to market and contracts awarded early in the 2022 year.

Attachments

Attachment 1 - CON000021 Consents Panel Procurement Plan DRAFT for Council ⇩



Report To:	Regional Council
Meeting Date:	16 December 2021
Report Writer:	Yvonne Tatton, Governance Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To appoint new Council representatives in light of resignation received.

Councillor resignation from co-governance groups

Executive Summary

Councillor Rose has advised he wishes to resign his appointment as a Council representative to the Rangitāiki River Forum and the Tauranga Moana Advisory Group.

Council may wish to appoint another member to both of these co-governance groups.

Recommendations

That the Regional Council:

1 Receives the report, Councillor resignation from co-governance groups.

2 Accept Councillor Rose’s resignation as a Council representative member to the Rangitāiki River Forum and the Tauranga Moana Advisory Group.

3 Appoint Cr ____________ as a Council representative member to the Rangitāiki River Forum.

4 Appoint Cr ____________ as a Council representative member to the Tauranga Moana Advisory Group.

1. Introduction

As part of establishing its governance structure at the beginning of the 2020 triennium, Council appointed their representatives to the various co-governance entities.

The Rangitāiki River Forum is an entity established under Treaty of Waitangi Settlement legislation whose membership includes specific iwi and local government partners as specified under the relevant treaty settlement legislation.

Tauranga Moana Advisory Group is an informal group whose membership comprises of the three Tauranga Moana iwi and the three geographical councils in the Tauranga/Western Bay rohe.

1.1 Legislative Framework

The membership of the Rangitāiki River Forum is determined by various iwi treaty settlement legislations as they relates to the kaitiaki of the Rangitāiki River.

1.2 Alignment with Strategic Framework

The Way We Work

We look to partnerships for best outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

¨ Social

¨ Economic

2. Current Membership

Regional Council may appoint up to five representative members to the Rangitāiki River Forum. There are currently four appointed members.

Regional Council may appoint up to four representative members to the Tauranga Moana Advisory Group. Currently there are four appointed members plus an alternate representative.

3. Considerations

3.1 Risks and Mitigations

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

3.2 Climate Change

As this is an administrative matter only there are no known impacts on climate change.

3.3 Implications for Māori

Council has an obligation under the various Treaty settlement arrangements to maintain its membership on the Rangitaiki River Forum.

Likewise it is important that Regional Council maintain membership on the Tauranga Moana Advisory Group to engage with the three iwi on matters relating to the Tauranga Moana prior to any formal treaty settlement legislation being enacted.

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.

No community engagement is required as this is an administrative matter only.

3.5 Financial Implications

If the recommendation is adopted by Council, will it result in:

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

There are no known financial implications related to this administrative matter.

4. Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

Once new appointments have been made, the respective co-governance groups will be advised of the change in membership at their respective meetings.

[1] Dr M. Reid. (23 November 2021). Pers Comment