Resolved

That the Monitoring and Operations Committee:

1          Accepts the apologies for absence from Cr David Love (for absence), Cr Stacey Rose (for absence), Cr Toi Kai Rākau Iti (for absence), Cr Paula Thompson (for early departure), Cr Te Taru White (for interim departure) and Cr Lyall Thurston (for interim departure) tendered at the meeting.

Clark/Bruning

CARRIED

3.1

Monitoring and Operations Committee Minutes - 29 June 2022

Matters Arising

1.    Minute item 5.1, Matter arising under previous minutes of 8 March (agenda page 9) – information on improving the response rates of pollution hotline satisfaction surveys was provided under agenda pages 25 and 157.

2.    Minute item 7.3, Mount Maunganui Industrial Area update – regarding the request for further information on Tauranga City Council’s work in the Mount Maunganui industrial area, an update was provided on page 177 of the agenda.

Resolved

That the Monitoring and Operations Committee:

1          Confirms the Monitoring and Operations Committee Minutes - 29 June 2022 as a true and correct record, subject to the following amendment:

(a)   Minute item 7.3, Mount Maunganui Industrial Area update, fourth bullet point regarding methyl bromide fumigation reductions (agenda page 13) - Add to the end of the first sentence, “alongside an increase in debarked logs coming into the Port of Tauranga”.

von Dadelszen/Crosby

CARRIED

4.1

Western Bay of Plenty District Council - Three Waters and Marae OSET Reticulation Progress Update

Presentation: Three Waters and Marae OSET Reticulation Progress Update - WBOPDC: Objective ID A4200564 ⇨  

Presented by: Wayne Henderson, Three Waters Project Engineer and Chris Nepia, Kaiwhakahaere Kaupapa Māori/Strategic Kaupapa Māori Manager

Key Points:

·       Project introduction to address marae wastewater issues.

·       Acknowledged Bay of Plenty Regional Council (BOPRC) for commissioning research from a compliance perspective, along with collaborative work of both BOPRC and Western Bay of Plenty District Council (WBOPDC), and the Government’s shovel-ready Crown Infrastructure Partners (CIP) funding to address community infrastructure issues/deficit.

·       Project challenges, achievements and successful partnerships.

·       WBOPDC’s Multiple Pans Policy had been reviewed and the charges and connection fees for marae and halls reduced, which had made a substantial impact and led to other marae coming onboard,.

·       Status of wastewater and water supply on various marae, noting progress being undertaken to support marae where possible.

·       Summary of improved asset data and other operational improvements.

·       Wastewater projects had exceeded CIP funding and WBOPDC were happy to be slightly ahead on some of their capital work projects.

10:00 am – Cr Thurston withdrew from the meeting.

In Response to Questions:

·       The life expectancy of the scheme’s piping and pumps was about 50 years.

·       Projects that had not been completed and incorporated into shovel ready funding were still on the list to be completed.

·       Only two marae in the east-Western Bay sub-region had not been completed and still being engaged with by WBOPDC.

·       CIP representatives had completed work on a future trial project package for water services for marae.

·       Lessons learnt and work behind the scenes to remove bureaucratic processes/barriers from a kaupapa Māori perspective would be used for joint agency papakāinga housing and other initiatives to support marae to live and thrive.

Key Points - Members:

·       Congratulated WBOPDC and staff for the achievements and collaborative process undertaken by BOPRC staff to streamline the process.

·       Tauranga Moana was by and large now serviced by reticulation which was a major step.

Items for Staff Follow Up:

·       Consider and advise if the project model could be provided in the Eastern Bay sub-region.

·       Provide an update on how Tauranga City Council was progressing with the same kaupapa.

4.2

Tauranga Moana Biosecurity Capital

Presentation: Tauranga Moana Biosecurity Capital: Objective ID A4200565 ⇨  

Presented by: Graeme Marshall and Carlton Bidois, Co-Chairs, Tauranga Moana Biosecurity Capital (TMBC)

Key Points:

·       Acknowledged Bay of Plenty Regional Council (BOPRC) for their ongoing support of the TMBC.

·       TMBC’s vision, background and purpose to fill the gaps between authorities and agencies and to provide an additional voice for tangata whenua and the community to protect the region against existing and emerging biosecurity risks.

·       TMBC’s four pillars: provide awareness, collaboration, capability building, develop champions through schools and community engagement, and provide a spotlight on biosecurity through Biosecurity Week.

10:17 am – Cr White withdrew from the meeting.

·       Summarised Biosecurity week activity and recent TMBC Symposium held on 30 August 2022.

·       Summary of 2022/23 Programme, noting additional capacity of two fulltime staff.

·       Acknowledged funding partners and leadership team.

·       Encouraged feedback including how TMBC could support BOPRC.

·       Wished to have more cohesion with Department of Conservation and the Ministry for Primary Industries.

In Response to Questions:

·       Wished for BOPRC to continue to support TMBC, and to work alongside BOPRC staff to provide biosecurity training certification, collaboration with other agencies, iwi/hapū and public on biosecurity issues, with a refocus on marine biosecurity.

10:45am – Cr Thurston entered the meeting.

·       Noted some key concerns with the brown marmorated stink bug and myrtle rust that was in pockets of the Kaimai range and on Mauao which needed serious action. Noted that there was no response mechanism yet from authorities.

·       Climate change impacts could see more pests become established and thrive.

·       TMBC initiatives that supported tangata whenua included: collaboration with Ministers/agencies on conservation/biological heritage, supporting funding contributions from the Government and other agencies, such as for the Kaimai Mamaku ranges, kauri dieback protection, technology, training on Coordinated Incident Management System (CIMS), warrant officer certification and ranger status with Department of Conservation, and pushing new Treaty partnership models.

Key Points - Members:

·       Provided accolades to the TMBC Co-Chairs for their leadership and commended the presentation and recent symposium.

·       TBMC provided a great model and wished to see it used in other focus areas and where TMBC could flagship.

10:57 am – Cr White entered the meeting.

5.1

Chairperson's Report

Presented by: Councillor Winters

Key Points:

·       Additional to the report, the Chair noted the announcement made by the Minister for the Environment to retain the $6.5M funding for Lake Tarawera sewerage scheme and the Rotorua Lakes Council’s decision to proceed with Stage 1 of the scheme’s work. The Chair acknowledged the Rotorua Te Arawa Lakes Strategy Group for their work behind the scene to progress this work.

·       Outlined key highlights from the report.

·       The next meeting would expand on the report cards for the next five years as part of the Long Term Plan.

In Response to Questions - Staff:

·       Ngāi Te Rangi’s appeal of Regional Council’s Rivers and Drainage non-scheme works consent was in relation to conditions for the iwi to be involved in the decision making process to give effect to Te Mana o Te Wai.

Key Points - Members:

·       Regarding the Waihī Estuary, the iwi collective Te Wahapu o Waihī had made good progress and had reached final document sign-off.

·       Noted that the Kaiate Falls area was progressing well and looked forward to further monitoring and improvement.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Chairperson's Report.

Winters/Bruning

CARRIED

5.2

Regional Pest Management Plan Annual report for 2021/22 and Operational Plan for 2022/23

Presentation: Regional Pest Management Plan Annual Report: Objective ID A4200561 ⇨  

Presented by: Greg Corbett, Biosecurity Manager

                          Shane Grayling, Biosecurity Team Leader

                          Hamish Lass, Biosecurity Team Leader, Marine and Freshwater

Key Points:

·       Sought approval of the 2022/23 operational plan, which had been tweaked to reflect new report of pest groupings, the new annual plan budget and third party funding agencies.

·       Outlined key statistics 2021/22, key performance indicators, wallaby satellite populations and key highlights from 2021/22 in relation to the marine programme, exclusions, new to region programme, national programmes and partnerships.

In Response to Questions:

·       Staff were working closely with Biosecurity New Zealand and mana whenua partners on kauri dieback protection and controls prevent it arriving in the Bay of Plenty.

·       The fall armyworm had blown across from Australia and detected in the Bay of Plenty and in several other places across the upper North Island. Risk analysis was being done by Ministry for Primary Industries (MPI) on potential impacts and staff anticipated a national led response.

·       Te Arawa Lakes Trust (TALT) have developed Uwhi mats (made from flax) to manage invasive aquatic weeds. The attempted eradication of all aquatic weeds from Lake Okareka is progressing well and contributing to improved water quality.

·       Staff were currently working with MPI and Mana Whenua (Kaimai Kauri) on a substantial funding bid for the region for kauri dieback. If successful, it will significantly leverage Regional Council’s contribution.

·       Wallabies at Welcome Bay likely emerged in the late 1990s and were first reported in the late 2000s. The population was thought to have been controlled and eliminated five to six years ago however, recent sightings of two wallabies had been reported near the Summer Hill Farm Mountain Park.

·       It was noted that the Department of Conservation prohibited night shooting on public conservation land for general permits due to health and safety concerns.

·       Woolly nightshade was in the compliance programme as a boundary control rule within the western and eastern Bay of Plenty sub-regions. Increased service delivery and compliance could be considered through Long Term Plan funding, but would be at significant cost.

Key Points - Members:

·       Thanked staff for good report and technology being used.

·       Congratulated the use of traditional invasive weed mats (Uwhi), noting the presentation provided by William Anaru (TALT) at the TMBC symposium.

·       Raised the need to increase funding to control marmorated stink bug.

Key Points - Staff:

·       Provide advice on budgets to update story boards to depict pest plants and encourage community reporting in public reserves.

·       Priority work was scheduled as part of the 2022/23 operational plan to engage with all territorial authorities about their obligations under the RPMP and work collaboratively to manage the issues on woolly nightshade.

·       The Regional Sector and Government departments involved in environmental issues had setup a new collective comprising regional council chief executives, Department of Conservation and Ministry for Primary Industries leads on New Zealand wide biosecurity and biodiversity issues and outcomes.

Items for Staff Follow Up:

·       Provide councillors with 2022/23 funding set aside for kauri dieback.

·       Invite William Anaru to present to a future meeting on invasive weed mats and other initiatives being undertaken by Te Arawa Lakes Trust.

·       Provide an options paper through the next Long Term Plan on woolly nightshade which incorporates a multi-faceted approach assisted by the territorial authorities and Te Waka Kotahi.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Regional Pest Management Plan Annual report for 2021/22 and Operational Plan for 2022/23.

2          Approves the 2022/23 Operational Plan for the Bay of Plenty Regional Pest Management Plan.

3          Notes the current restrictions on night shooting on public conservation lands and requests that staff work with the Department of Conservation to remove barriers where safety concerns can be addressed through the use of modern technology, such as thermal imaging and/or night vision equipment.

Clark/Bruning

CARRIED

5.3

Mount Maunganui Industrial Area update

Presented by:  Stephen Mellor, Compliance Manager Air, Industry & Response

                           Reece Irving, Senior Regulatory Project Officer

                           Mark Hamilton, Senior Policy Analyst

In Response to Questions:

·       Staff were using different tools/resources to respond to odour hot spots in the Mount Maunganui area.

·       Providing health measures to determine safe levels of air emissions, the  National Environmental Standards for Air Quality provided guidance on ambient air quality standards which staff reported on. Conversations were ongoing with community representatives on the impacts and staff would continue to have conversations with them to look at how best to support the community.

·       Provided clarification on PM10 source identification monitoring analysis, readings, response times and latest exceedances, which staff considered were likely attributed to heavy sea mist.

·       Clarified the discussion raised by the Mount Maunganui Air Quality Working Party (MMAQWP) on whether a Land Information Memorandum (LIM) note should be appended to Mount Maunganui properties that are downwind from the industrial area that may be exposed to emissions from industrial activity, which Clear the Air representatives supported progressing.

Key Points - Members:

·       Sought further consideration of response times and service fees for analysis of dust samples post PM10 exceedance given the level of community concern.

·       Encouraged members to view the presentation given by Clear the Air representatives at the last Mount Maunganui Air Quality Working Party meeting on air quality issues in the industrial and residential areas.

Items for Staff Follow Up:

·       Work together with MMAQWP members, Tauranga City Council and other potential agencies to investigate options on how to better support the Mount Maunganui community on air quality issues.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Mount Maunganui Industrial Area update.

2          Request staff and the Mount Maunganui Air Quality Working Party members work with Tauranga City Council to investigate options for how the Tauranga community can be better supported.

Thompson/Crosby

CARRIED

5.4

Resource Consents Annual Report

Presented by: Reuben Fraser, General Manager Regulatory Services

Key Points:

·       A correction was noted in section 5.1.4 of the report on agenda page 225 that referred to Ngāti Pikiao and should have read ‘Ngāi te Rangi’.

In Response to Questions:

·       A lack of response was still occurring with Cultural Impact Assessments however the change in timeframe from three months to one month had improved response rates, with positive feedback received from applicants and tangata whenua.

·       A new hearing date for the Stellar Passage Direct Referral had been set down for three weeks from 27 February 2023.

·       The Court decision date on Cresswell New Zealand Limited case was still not known.

·       Regarding wastewater discharge consents that were due to expire in 2026, staff were holding conversations now with consent holders and territorial authorities and expected to be well into consent applications prior to the Three Waters reform.

·       Alpine prosecution had been filed and is now before the courts.

·       Staff were comfortable with Waiu Dairy who were now resource consent compliant following investment in wastewater disposal.

·       Clarified the positive progress being made on Rotorua Lakes Structures in regard to the concerns raised by Te Arawa Lakes Trust on behalf of iwi and hapū.

Key Points - Members:

·       Congratulated staff on adopting and enhancing cultural awareness and relationships with tangata whenua.

Items for Staff Follow Up:

·       Provide councillors with an update on the Alpine resource consent application.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Resource Consents Annual Report.

Bruning/Nees

CARRIED

5.5

Climate Change Annual Report

Presentation: Climate Change Programme Annual Report: Objective ID A4200563 ⇨  

Presented by: Laverne Mason, Integrated Catchments Programme Manager

In Response to Questions:

·       Provided advice on collaboration and progress underway by other councils. Bay of Plenty Regional Council was leading the way in risk assessment and data gathering. As there was no clear direction as yet from Central Government, councils were progressing with risk assessments.

·       Preliminary work on transport emission reduction targets was underway and further information would be provided in the Regional Public Transport Plan that would be reported to Council.

·       Future community funding streams could look at other avenues to involve rangatahi and the next generation on climate adaptation initiatives with support from the Regional Council. While the current community funding workstream had not directly focused on rangatahi, it had been open to all community parties, some of which involved all levels of the community.

·       A cohesive overview of the programme would be provided in the three monthly reporting.

12:31 pm – Cr Thompson withdrew from the meeting.

·       The next round of the grassroots climate change funding would look to promote the agricultural and wider business sector through presentations and workshops to support them in managing climate change.

·       Phase two of the regional risk assessment would include experts from across the board, such as representatives from the territorial authorities, education sector and community, as well as internal staff.

·       The Future Fit Tool Project was underway and would be hosted by the Regional Council with invitations to all territorial authority partners to enable and strengthen the data for Future Fit.

Key Points - Members:

·       Applauded the initiatives being undertaken with the community.

·       Maintaining an overview of the effectiveness of the climate change adaptation initiatives would provide a cohesive view of the programme, which staff acknowledged would be provided as part of quarterly reporting.

·       The Chair advised that Laverne was retiring from the Regional Council at the end of October and on behalf of the Committee wished her well for the future.

Items for Staff Follow Up:

·       Provide councillors information on the Deep South Research Project presentation.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Climate Change Annual Report.

Nees/Crosby

CARRIED

5.6

Environmental Volunteering supported by Council

Presentation: Environmental Volunteering - Bay Conservation Alliance: Objective ID A4200560 ⇨  

Presented by: Graeme Howard, Corporate Planning Lead
Michelle Elborn, Chief Executive, Bay Conservation Alliance (BCA)

Cr Bill Clark declared an interest as a member of BCA.

Key Points:

·       Michelle Elborn provided a presentation that highlighted the dedication, passion and commitment from BCA to their agreement with the Bay of Plenty Regional Council (BOPRC).

·       Highlighted the professional support that BCA provided alongside working examples, including their first collaborations on Māori-led initiatives.

·       Outlined survey feedback on growing volunteer capability

·       Discussed volunteer trends in the current climate and how BCA supports and identifies opportunities to support and grow volunteer pathways and increase public awareness.

·       Thanked and recognised the value of BOPRC’s investment, which provided ability to leverage other funding streams to add regional value.

In Response to Questions:

·       BCA were in their sixth intake of cadets of which 70% transitioned into a range of environmental and conservation roles.

·       Acknowledged BCA’s role to facilitate and advocate for care groups on a range of matters including compliance matters.

Key Points - Members:

·       Commended the report and presentation from BCA and recognised the flow-on effects and return on investment from volunteers was substantial to the region.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Environmental Volunteering supported by Council.

Nees/Bruning

CARRIED

5.7

Customer Service Performance

Presented by: Rachael Burgess, Customer Contact Manager

Key Points:

·       Highlighted tangible results and customer satisfaction levels during the last six months.

·       BOPRC were ranked second out of 80 in the customer survey results, which reflected the effort to deliver a high level of service.

·       The rates rollout was going well with 7,000 customer enquiries received and 20,000 ratepayers signed up to direct debit payments, which was 50% of what territorial authorities had and reflected the comprehensive communication campaign that had been well received.

·       Only 6% of people responded to the customer satisfaction surveys results, which staff wanted to increase. How to encourage responses would be considered.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Customer Service Performance.

Leeder/Crosby

CARRIED

5.8

Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2022 Annual Review

Presented by:  Kirsty Brown, Rivers and Drainage Assets Manager (on behalf of Bruce Crabbe, Operations Manager)

In Response to Questions:

·       Staff succession planning was an ongoing consideration of the team with cadetships and upskilling of team members undertaken where possible.

·       Noted that complaints had reduced substantially from the previous annual report.

Key Points - Members:

·       Noted the importance of the interface between rural community and staff who performed the work and the need for succession planning.

·       Recognised the culture and goodwill created by the Rivers and Drainage team and community.

Items for Staff Follow Up:

·       Provide advice on the number of iwi/hapū management plans that were being submitted.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2022 Annual Review.

Clark/Bruning

CARRIED

5.9

Implementation of the Flood Protection and Drainage Bylaws 2020

Presentation: Implementation of the Flood Protection and Drainage Bylaws: Objective ID A4200562 ⇨

Tabled Document 1 - Whakatane River Breach Maps: Objective ID A4221420 ⇨  

Presented by: Kirsty Brown, Rivers and Drainage Assets Manager
Hemi Barsdell, Asset Management Specialist
Paula Chapman, Project Manager

 Rachel Boyte, Legal Counsel

                          Mark Townsend, Engineering Manager

Key Points:

·       Overview of the Flood Protection and Drainage Bylaws 2020 review amendments, consultation process undertaken, and post-adoption communications/education.

·       Engagement for the Iwi/Hapū Bylaw Authority Management Plans had begun in 2021. Noted the time taken to form relationships with associated iwi/hapū and the good progress made overall.

·       Safeguarding our Stopbanks (SOS) Project:

o   Identified 13km of critical assets in the Whakatāne-Tauranga rivers scheme.

o   Performance ratings and identification of the risk of not performing to the requirement level.

o   Overview and timeline of the Safeguarding out Stopbank Project staged works.

o   Riverside Drive Residents Group and concerns raised.

o   Next steps which highlighted the need to improve understanding of the Bylaws within the urban community.

In Response to Questions:

·       Legal counsel clarified the legality of the Bylaw and its use across private land was intra vires and within Council’s power to use and considered it was the most appropriate tool to use.

·       The Local Government Act (LGA) provided councils the power to manage and provide for flood protection using bylaws, with similar approaches used throughout the country.

·       The Bylaw’s Statement of Proposal had specifically canvassed the appropriateness of the bylaw as a tool for use as required under the LGA, and noting that it provided more flexibility than regional plans.

·       A non-statutory/regulatory tool had been considered, however given the importance to protect the community, concluded that an enforcement regulatory tool was needed and appropriate.

·       Geotechnical work for Kōkōhinau Urupa would quantify the risk, soil profile and inform engineering options that were available.

·       Provided clarification on bylaw authorities and building permits that were being worked through with Riverside Drive residents.

·       Provided clarification on assimilated flooding breach modelling analysis (refer Tabled Document).

·       Provided advice on the communication plan and timeframe for flood management inspection and excavation lowering at the Whakatāne spit was dependent on tidal flows, heights and storm events.

Key Points - Members:

·       Prompt action was needed to mitigate the issues at Kōkōhinau Urupa due to the sensitivity and need for appropriate protection.

·       Sought consideration in regard to the management of berms, third party agreements to cut and carry, and public access impacts on the invasion of property owners’ privacy.

·       Highlighted the importance of appropriate communication, to gain understanding within the community of the Bylaws and the critical nature of flood protection.

·       Recommended to promote community champions and ownership of the issue, noting similar issue experienced with dune care.

·       Suggested that Māori constituency councillors support the work that was being undertaken with iwi/hapū at Te Teko, which was welcomed by staff.

·       Acknowledged staff’s engagement with Waititi, Utuhina and Ngongotahā marae and encouraged staff to pursue engagement with the iwi/hapū.

·       Supported the appropriateness of the Bylaws and stopbank management, which was paramount.

·       Offered additional funding to support Bylaws communication and education programme.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, Implementation of the Flood Protection and Drainage Bylaws 2020.

Bruning/Nees

CARRIED

5.10

River Scheme Sustainability - Update report

Presentation: River Scheme Sustainability Update: Objective ID A4207338 ⇨  

Presented by: Katalin Maltai (Senior Projects Engineer)
Mark Townsend (Engineering Manager)

Key Points:

·       Project background, goal and vision.

·       Progress update by Catchment area and planned activity.

·       Highlighted extent of models that could be used going forward in regard to climate change and sea level rise effects on stopbank upgrades and river sustainability comparisons and options.

·       Ministry for the Environment’s latest sea level rise projections were greater than 2017 figures, however future forecast out to 2130 were not much different therefore staff were not proposing to change models at this stage to reflect the changes.

In Response to Questions:

·       Changes in tectonic levels had been considered and did not show much change in comparison to the sea level rise projections.

·       Provided clarification of the river safety management plans for the Whakatāne River, including safety management for the Whakatāne bridge and boat moorings.

·       Provided clarification regarding a project that had commenced in the last two to three years with Western Bay of Plenty District Council (WBOPDC) on Te Puke’s urban stormwater and comparison of effects on the Kaituna River Control Scheme. Climate change mapping has now been carried out by WBOPDC to inform future impacts and actions.

·       Confirmed staff’s approach for sea level rise projection and rainfall intensity are based on average temperature increases rather than being based on years.

Key Points - Members:

·       Sought consideration of research undertaken on salt marshes that may act as carbon sinks which may be a viable alternative for land impacted by saltwater intrusion in regard to carbon credits.

Resolved

That the Monitoring and Operations Committee:

1          Receives the report, River Scheme Sustainability - Update report.

Crosby/Clark

CARRIED