Agenda of Ōhiwa Harbour Implementation Forum

Ōhiwa Harbour Implementation Forum

Membership

Chairperson
Elected by the Forum at its first meeting each Triennium	Cr Toi Kai Rākau Iti (Bay of Plenty Regional Council)
Deputy Chairperson	Mayor Lyn Riesterer (Ōpōtiki District Council)
Council Members
One representative each from:
Bay of Plenty Regional Council	Cr Bill Clark (Alternate)
Ōpōtiki District Council	Cr Debi Hocart (Alternate)
Whakatāne District Council	Cr Andrew Iles Cr Nāndor Tanczos (Alternate)
Tangata Whenua Members
One Tangata Whenua appointee representative each from:
Whakatōhea	Karen Mokomoko
Upokorehe	Trevor Ransfield Māui Manuel (Alternate)
Ngāti Awa	Charlie Bluett Tuwhakairiora O’Brien (Alternate)
Ngāi Tuhoe	Hori Hillman Marewa Titoko (Alternate)
Quorum	Four members, consisting of more than half the number of members
Meeting frequency	Six monthly

Purpose

Oversee and monitor the implementation of the Ōhiwa Harbour Strategy.

Role

The Ōhiwa Harbour Implementation Forum:

· Is the sponsor of the Ōhiwa Harbour Strategy;

· Is responsible for overseeing the implementation of the actions in the Strategy;

· Has an overall monitoring role in terms of timeframes and deliverables;

· Maintains a general awareness of the issues surrounding the Ōhiwa Harbour Catchment; and

· Is responsible for reporting back to the strategic partners and to the community.

The Ōhiwa Harbour Implementation Forum will:

· Receive reports (including those prepared by staff of the three Councils) of what has recently been achieved with regards to implementing the Strategy, and outlining what the next targets for implementation could be;

· Provide a sounding board for officers to test implementation ideas against;

· Provide recommendations that can be reported back to councils; and

· Promote links with the Ōhiwa Harbour Catchment community.

Forum Procedures

· The establishment and the need for and purpose of the Ōhiwa Harbour Implementation Forum is subject to review every three years following local authority elections.

· Subject to the Forum being re-appointed, member representatives are appointed by their respective appointing entities.

· The Forum may specifically invite attendance by organisations/groups which they believe will be interested (such as the Department of Conservation, Ministry of Fisheries, Nukuhou Salt Marsh Care Group).

· The meetings will also be publicly advertised so that members of the wider community can also attend.

· The Bay of Plenty Regional Council Standing Orders will apply, except as varied by these Terms of Reference or unless the members of the Forum unanimously agree to vary those standing orders as they apply to the Forum.

· The costs of meeting attendance lie where they fall. The exception to this is that a standard meeting fee will be provided for Tangata Whenua representation by the Bay of Plenty Regional Council.

· The actions to give effect to the strategy itself and costs associated with reporting to the Forum are funded from within the budgets of participating councils.

Power to Act

To make all decisions necessary to fulfil the role and scope of the Forum subject to the limitations imposed.

The Ōhiwa Harbour Implementation Forum has no delegated authority for financial expenditure.

Power to Recommend

The Ōhiwa Harbour Implementation Forum recommends and reports back to the respective organisations.

Ōhiwa Harbour Implementation Forum Minutes

26 April 2022

Ōhiwa Harbour Implementation Forum

Ngā Meneti

Open Minutes

Commencing: Tuesday 26 April 2022, 9.30 am

Venue: The Board Room, Te Rūnanga o Ngāti Awa, 4-10 Louvain Street, Whakatāne

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: Charlie Bluett - Te Rūnanga o Ngāti Awa, Trevor Ransfield - Te Upokorehe, Deputy Mayor Andrew Iles – Whakatāne District Council, Karen Mokomoko - Whakatōhea Māori Trust Board, Cr Bill Clark, Alternate – Bay of Plenty Regional Council

Te Hunga i Tae Ake

In Attendance: Bay of Plenty Regional Council: Pim de Monchy – Coastal Catchments Manager, Tim Senior – Land Management Officer, Stacey Faire – Senior Planner, Coastal (via Zoom), all presenters – as listed in the minutes, Amanda Namana – Committee Advisor

Ngā Hōnea

Apologies: Tu O'Brien - Alternate, Te Rūnanga o Ngāti Awa, Cr Debi Hocart – Alternate, Ōpōtiki District Council

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Charlie Bluett.

2. Whakahoutanga Kōrero
Verbal Updates

2.1

Chairperson's Report

Chair Cr Toi Kai Rākau Iti acknowledged the passing of Whakatōhea member, Josie Mortensen and her strong contribution to the Forum.

Trevor Ransfield – Te Upokorehe paid tribute to Josie, recognising her commitment to the community and her significant lifetime achievements.

3. Ngā Hōnea
Apologies

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Accepts the apologies from Cr Debi Hocart and Tu O’Brien tendered at the meeting.

Bluett/Riesterer

CARRIED

4. Ngā Take Tōmuri
Items not on the Agenda

· New appointment of Whakatōhea Māori Trust Board member to the Ōhiwa Harbour Implementation Forum.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Accepts the late item, appointment of the member for Whakatōhea Māori Trust Board

2 Agrees that the item cannot be delayed as the information has only just become available and cannot wait until the next meeting.

Riesterer/Iles

CARRIED

5. Raupapa o Ngā Take
Order of Business

Item 10 – Consideration of items not on the agenda was taken immediately following Item 4, in order to officially endorse the new Whakatōhea member prior to any further business.

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

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Endorses the appointment of Karen Mokomoko as the primary member for Whakatōhea Māori Trust Board to the Ōhiwa Harbour Implementation Forum.

Iles/Ransfield

CARRIED

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

None declared

8. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

8.1

Ōhiwa Harbour Implementation Forum Minutes - 12 November 2021

Matters Arising

In relation to Minute Item 6.6, Resolution 3; Coastal Catchments Manager Pim de Monchy advised members that a letter had not been written to Fish and Game New Zealand as this was no longer required. Investigation of Fish and Game regulations clarified that in addition to the late February special season for hunting black swan, they were considered a game bird and as such could also be hunted during Game Bird Season.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Confirms the Ōhiwa Harbour Implementation Forum Minutes - 12 November 2021 as a true and correct record.

Iles/Ransfield

CARRIED

9. Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

9.1

Ōhiwa website development

Dr. Tanja Rother, PhD - Shared Landscapes – Intercultural Research & Engagement Services presented this item (via Zoom).

Key Points:

· Demonstrated the website’s tabs and features and outlined content: Home | Ōhiwaharbour (hello66411.wixsite.com)

· There were future opportunities for the website to become more interactive and inclusive of the wider Ōhiwa community, including an archive of the Ōhiwa Harbour Strategy and related documents.

Key Points - Members:

· Commended the visual aspects of the website

· Making the website bilingual was an important step, although the cost was likely to be significant and funding needed to be addressed

· Add a Rāhui component to the website to help people understand the concept and implications of when this was in place

· Requested a presentation be made to Upokorehe, Whakatōhea, and Ngāti Awa so that mana whenua were included and had a good understanding of the website which would also add value to other initiatives in the future.

Resolved

That the Ōhiwa Harbour Implementation Forum:

2 1 Receives the report, Ōhiwa website development;

3 2 Endorses the public release of the Ōhiwa website, once the presentation has also been made to ngā hapū, ngā iwi;

4 3 Endorses the ongoing content development of the Ōhiwa website.

Bluett/Riesterer

CARRIED

9.2

Nukuhou Water Quality Summary

Presentation: Nukuhou Water Quality Summary: Objective ID A4090035

Environmental Scientist (Water Quality) James Dare presented this item.

Key Points:

· Explained trend analysis as it related to data around Nukuhou water quality

· Outlined short , medium and long term trends, their benefits and how the data was used

· Explained the gradient of stability and the positives/negatives which needed to be taken into account

· Nukuhou catchment contaminants were reducing in magnitude over time, therefore overall the water quality was gradually improving

· Faecal contamination and sediment were of the highest concern.

Key Points - Members:

· Agreed that receiving both sets of information (medium and long term data) was important to see the long term picture as well as identifying what required more immediate attention

· Improved results were expected to be observed once Farm Management Plans (FMPs) were all in place (by 2025).

In Response to Questions:

· Abnormal rainfall would likely cause more mobilisation (e.g. flushing of nitrogen causing higher loads), the effect of which would depend on how the catchment responded to elevated flows

· Gaps in the first portions of each graph were potentially due to resourcing issues at the time of the data collection

· Every catchment that was part of the environmental monitoring network was included in the comparison data.

In Response to Questions (Pim de Monchy – Coastal Catchments Manager):

· Catchment Land Use for Environmental Sustainability (CLUES) Modelling and more recently, SedNet modelling had taken place in the Ōhiwa catchment

· The underlying assumptions in the CLUES modelling were that exotic forestry on steep country (as opposed to pastural grazing) would reduce E-Coli and nitrogen losses, and over the long term would generally reduce phosphorous and sediment losses. This was providing that there was no large rainfall event during the first two years after harvesting

· Slash management was a separate issue for which there continued to be room for improvement, but advising at the time of planting was important to determine where to plant, skid site locations, offsets and slash management opportunities

· Although there was still some pinus radiata forestry in the catchment, there was significantly less than there used to be.

Items for Staff Follow Up:

· Provide statistics and information about land use and farming change in the Nukuhou catchment to a future meeting.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Nukuhou Water Quality Summary.

Iles/Riesterer

CARRIED

10:40 am - The meeting adjourned.

11:02 am – The meeting reconvened.

9.3

Improving the quality of freshwater in the Ōhiwa catchment

Presentation: Improving quality of freshwater in Ōhiwa catchment: Objective ID A4090037

Land Management Officer Tim Senior presented this item.

Key Points:

· Highlighted where the majority of sediment in the Ōhiwa catchment originated from, namely land slips caused by major rain events

· Although some of this could not be prevented, there were measures that could be taken to potentially mitigate small slips on steep slopes, including planting trees such as poplars on gradient land to assist in holding it back. This issue could also be addressed through farm management practices

· Whilst it could be determined where these issues were likely to occur, Council did not have authority to enforce change, although it may be addressed through FMPs. All these measures were currently voluntary on behalf of the landowners

· Options/techniques needed to be developed for how to manage the issue of high, steep river banks as simply planting natives was not a viable solution (these would get washed away in a rainfall event)

· Dead trees, particularly old willows, were falling into the river, forcing water to be pushed into the banks and exacerbating the problem

· Shrub Willows were being planted to stabilise riverbanks as they had the advantage of a large root base and did not fall into the river, taking the bank with them

· Rock was another option which had been successful in holding banks up (and vegetation would eventually grow between), but this was expensive

· Surface run off accounted for approximately 10% of sediment that entered Ōhiwa Harbour

· Wet, boggy areas were valuable for trapping sediment and nutrients but were generally unpopular on farms as it reduced the potential for grazing - it was hoped that this type of issue would be addressed through the new FMP rules.

Key Points - Members:

· Reiterated the importance of the Forum with regard to making clear, well-reasoned submissions to future plans

· Consolidation/amalgamation of farming properties could create further ongoing impacts with unintended consequences e.g. longer races.

In Response to Questions:

· There was increasing awareness from farmers of what was needed to increase water quality, although at different rates. Generally dairy farms were becoming less intensified and looking for productivity versus profit - less stock could be managed for less input without decreasing profits

· ‘Riparian planting’ refers to planting on all waterways, including rivers, streams and drains.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Improving the quality of freshwater in the Ōhiwa catchment.

Iles/Riesterer

CARRIED

9.4

Essential Freshwater Policy Programme Update and Visions

Presentation: Ōhiwa Harbour Implementation Forum visions and EFPP: Objective ID A4090038

Senior Planners (Water Policy) Gemma Moleta and Reuben Gardiner presented this item.

Key Points:

· Outlined the National Objectives Framework, under the National Policy Statement for Freshwater Management (NPS-FM)

· Explained what Vision under the NPS-FM meant for Ōhiwa Harbour and the process for establishing this

· Online engagement was underway, with more intensive engagement planned for 2023 - once there was a clearer idea of rules, targets and implications for landowners

· Clarified that engagement with forums and co-governance groups was not a proxy for engagement with iwi/hapū

· The example vision had been taken from key goals/vision for the Ōhiwa Harbour Strategy. Noted key aspects of this:

o Acknowledged that the harbour was also important to the Freshwater Management Unit (FMU) as its receiving environment;

o the importance of sustaining the lives of future generations;

o the purpose of water quantity and water quality;

o healthy and abundant mahinga kai;

o reducing sediment;

o protecting sites of cultural significance and protecting the mauri.

Key Points - Members:

· Acknowledged that this was a unique opportunity to influence the plan which set the rules, with a firm focus on the needs of Ōhiwa

· Supported having a combined iwi hui on the long term vision for the FMU, as well as holding a workshop for the Forum members.

In Response to Questions:

· Starting points for the visions were very different within the thirteen FMUs, Ōhiwa Harbour had a shared benefit of already having a strategy in place, therefore a strong direction to start from

· It was also important to check that the goals set in the Ōhiwa Harbour Strategy were the same ones the Forum wished to bring forward in this opportunity.

Items for Staff Follow Up:

· Arrange a separate workshop with Care Groups from the Ōhiwa rohe, so they were also included on a wider engagement of what was underway in this space.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Essential Freshwater Policy Programme Update and Visions;

2 Agrees to participate in a workshop on this topic as soon as practicable.

Iti/Riesterer

CARRIED

9.5

Update on the Ōhiwa Harbour Awhi Mai Awhi Atu, Sustainable Seas, National Science Challenge project April 2022

Presentation: Awhi Mai Awhi Atu: Objective ID A4094889

Waikato University Associate Professor Dr Kura Paul-Burke and PhD student Megan Ranapia presented this item.

Key Points:

· The Awhi Mai Awhi Atu project was well ahead of the planned schedule, noted that the project was funded from 2019 until June 2023

· In 2019, K4 was the last traditional mussel bed remaining in the harbour, with approximately 78,000 mussels

· In 2021, the mussel population had grown to approximately 745,000 mussels throughout the harbour

· A strong measure of success would be if K1 and K2 beds were still there in the future

· In January 2022, tuangi (cockles) and pipi surveys were undertaken in the harbour and 5 million tuangi were estimated on the western side. Results confirmed they were smaller than they used to be, which could be contributed to a number of factors

· An unexpected titikō (mud snail) bed was also discovered, along with an estimated 300 tipa (scallops) and 20 hururoa (horse mussels)

· Hururoa helped clean the water and had increasingly thin shells due to higher acidity in the water. Recreational dredging had detrimental impacts on tipa and hururoa, causing population decline across the country

· Seastar management trials showed that they were still reproducing and recruiting in the harbour

· Different removal methods were being considered including trapping, diver removal and a combined approach

· Seastar sampling had been completed and lab testing showed encouraging results for marine protein, which was important for skin and bones. Using them as food for worm farms were also being considered as an option.

Key Points - Members:

· Commended how much had been accomplished in increasing shellfish numbers in such a short period of time

· Upokorehe opened pipi beds for gathering one at a time to ensure sustainability

· Suggested a relationship be built within the Forum between the science, Ministry for Primary Industries and iwi/hapū for the purposes of growing and protecting the taonga

· For the 186A Application for Rāhui, there was a set timeframe of a two year minimum whereas customary methods could choose a timeframe

· It was important to show that a successful way of regenerating shellfish had been made, whilst protecting specific locations.

In Response to Questions:

· Rāhui was an important short term marine management tool to replenish shellfish and consider action.

Staff In Response to Questions:

· Working together with Kura and her team to understand requirements of ongoing management priorities and the next generation of research for Ōhiwa Harbour’s marine ecology restoration would be important to identify funding opportunities to implement these.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Update on the Ōhiwa Harbour Awhi Mai Awhi Atu, Sustainable Seas, National Science Challenge project April 2022.

Iles/Ransfield

CARRIED

9.6

Work Programme report to 31 March 2022 and proposed work programme for 2022/23

Land Management Officer Tim Senior presented this item.

Key Points:

· Fish passage barriers in the Ōhiwa catchment had been researched to identify which ones were preventing migration of the freshwater fish

· eDNA samples had been collected to understand more about which fish were in the catchment and their locations. This data would be analysed for the purposes of stream restoration

· There was a large body of work suggested for 2023 to finish fish barrier assessments and undertake further eDNA work before fixing the barriers.

Key Points - Members:

· Commended the forward progress of the Forum and the opportunity to be involved in such a positive shift over time, finding solutions for the greater good of Ōhiwa

· An adaptive and flexible rāhui management plan needed to be considered going forward, to align with science and mātauranga Māori to create a cohesive system that was responsive to the environment and worked for the benefit of all.

Resolved

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Work Programme report to 31 March 2022 and proposed work programme for 2022/23;

2 Endorses the proposed 2022-23 annual work programme.

Riesterer/Ransfield

CARRIED

6. Karakia Kati
Closing Karakia

A karakia was provided by Charlie Bluett.

12:58 pm – the meeting closed.

Confirmed

Cr Toi Kai Rākau Iti

Chairperson, Ōhiwa Harbour Implementation Forum



Pūrongo Ki: Report To:	Ōhiwa Harbour Implementation Forum
Rā Hui: Meeting Date:	8 September 2022
Kaituhi Pūrongo: Report Writer:	Amanda Namana, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Yvonne Tatton, Governance Manager
Kaupapa: Purpose:	To provide key information regarding the upcoming local government elections

2022 Local Government Elections Update

Whakarāpopototanga
Executive Summary

The Local Government elections are being held on 8 October 2022 which effectively ends the 2019-2022 Council triennium and its associated committee structure and Councillor representative appointments on various co-governance forums and joint committees.

This report provides key information regarding the upcoming local government elections, the process required to establish the new council for the 2022-2025 triennium and how this affects the Ōhiwa Harbour Implementation Forum schedule

Ngā tūtohutanga
Recommendations

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, 2022 Local Government Elections Update.

1. He Whakamārama
Background

Elections of members to all local government councils are held once every three years with the close of polling day for the 2022-2025 triennium being Saturday 8 October 2022. Elections for local government are conducted by way of postal voting.

2. Establishing a New Council

Following the elections, the 2019-2022 Council triennium will end, and all the Councils’ committees established under the Local Government Act are disestablished. The partner councils of the Ōhiwa Harbour Implementation Forum will reconsider the establishment of the new councils’ governance structures. However, the term for the Councils’ elected representatives on Ōhiwa Harbour Implementation Forum will end.

After the official election results have been declared sometime between 13-19 October, the new Council will be established over the October – December period. This involves swearing the Councillors into office, electing the Regional Council’s Chairperson and Deputy Chairperson, undertaking the Councillors’ induction programme, adopting a new governance committee structure and associated appointments of committee chairpersons and deputies, membership appointments to the various committees and co-governance forums, and establishing the 2023 Council and committee meeting schedule. Due to the amount of procedural requirements, it is anticipated that Council’s representative appointments won’t be in place until late November therefore is anticipated that the next meeting of the Ōhiwa Harbour Implementation Forum will be held in early 2023.

In developing the 2023 Meeting Schedule, staff anticipate keeping Ōhiwa Harbour Implementation Forum meetings to the current six-monthly meeting cycle and day of the week, plus workshops/ field trips as required.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

3.2 Huringa Āhuarangi
Climate Change

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

3.3 Ngā Pānga ki te Māori
Implications for Māori

The matters addressed in this report are of a procedural nature only.

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

3.5 Ngā Pānga ā-Pūtea
Financial Implications

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

4. Ngā Mahi Whai Ake
Next Steps

Informal notice will be provided of the new Councils’ membership appointments and 2023 meeting dates once they have been confirmed as well as being reported to the next meeting of the Ōhiwa Harbour Implementation Forum.

At the first meeting of the new triennium, the Ōhiwa Harbour Implementation Forum will confirm all existing tangata whenua membership appointments, along with updated Council membership appointments. At this meeting a new Chair and Deputy Chair will also be appointed.

The 2023 meeting cycle will be modelled on the 2022 meeting cycle. Members will receive notice of the 2023 meeting calendar and meeting invites once the meeting schedule has been confirmed.



Pūrongo Ki: Report To:	Ōhiwa Harbour Implementation Forum
Rā Hui: Meeting Date:	8 September 2022
Kaituhi Pūrongo: Report Writer:	Gemma Moleta, Senior Planner (Water Policy)
Kaiwhakamana Pūrongo: Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Kaupapa: Purpose:	To update the Forum on Essential Freshwater Policy Programme implementation progress.

Essential Freshwater Policy Programme Update

Whakarāpopototanga
Executive Summary

This report provides the Ōhiwa Harbour Implementation Forum (OHIF) with an update on Toi Moana’s Essential Freshwater Policy mahi relevant to the draft Ōhiwa Harbour Freshwater Management Unit (FMU) This includes:

· Encouraging iwi involvement in the freshwater kaupapa now, prior to public engagement in 2023.

· An update on the online engagement on visions and environmental outcomes.

· Noting that summary information and draft policy options are developing, and Toi Moana staff intend to invite iwi to provide feedback this year, prior to public engagement in 2023.

Ngā tūtohutanga
Recommendations

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Essential Freshwater Policy Programme Update.

1. He Whakamārama
Background

The Essential Freshwater Policy Programme (EFPP) is Toi Moana Bay of Plenty Regional Council’s (Toi Moana) work programme to implement the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFM) and also review the Regional Natural Resources Plan (RNRP). Overall, the EFPP continues to be implemented according to Toi Moana’s agreed programme plan, although there are some parts which are behind schedule.

The tight timeframes are driven by the statutory requirement to notify by 2024. This year, the focus is primarily on developing draft policy options, and continuing to involve tangata whenua. An extensive public engagement period will occur in 2023.

2. Essential Freshwater Policy Programme update

2.1 Draft policy options

Toi Moana staff are now progressing tangata whenua and some targeted stakeholder engagement on working draft policy options for region-wide freshwater related chapters of the RPS and RNRP that have been reviewed. These include:

• RPS Water Quality and Land Use, and Water Quantity chapters.

• RNRP Integrated Management, Beds of Water Bodies, Wetlands, Discharges to Water and Land, and Land Management chapters.

The RNRP Kaitiakitanga chapter review is progressing and will be made available for tangata whenua engagement in September 2022. The RNRP Kaitiakitanga chapter review is currently under internal review and has been provided to Ngā Kaitohutohu (kaupapa Māori technical advisory group) on 2 August for comment (a follow up workshop is pending). It has also been provided to two external resource management consultants with comprehensive iwi and Māori resource management experience.

Work is also underway on other policy review and development topics including:

• Early draft long-term vision and outcomes for draft Freshwater Management Units (FMU), there will be an opportunity to discuss these at the meeting.

• Water quality targets, limits and options to achieve them in FMUs. The aim is to have some draft science summaries by mid-September.

• Groundwater and surface water quantity limits and management options.

The aim is to have draft policy options ready for public engagement in 2023. There are likely to be some gaps. For clarity, no decisions on policy options will be sought from Toi Moana Councillors until late next year.

This is the last OHIF meeting for the year (due to local body elections in October 2022). Letters inviting consideration of further draft policy review and development topics will be sent out to tangata whenua, including OHIF iwi organisation members as they come to hand. An EFPP briefing can be provided for any new OHIF members either ahead of or at the first OHIF hui in 2023.

2.2 Tangata whenua engagement

Freshwater is a taonga and integral to the whakapapa of tangata whenua. The NPSFM clearly sets out increased expectation of active involvement of tāngata whenua in freshwater management, including recognition and provision of mātauranga Māori and identifying attributes or indicators relating to the compulsory mahinga kai value and any other values identified by tangata whenua and council. These are critical with respect to setting limits for Freshwater Management Units (FMUs), informing environmental outcomes, and the recognition of Mātauranga Māori monitoring methodologies.

Toi Moana staff continue to invite and support iwi and hapū involvement via the Māori engagement process under Te Hononga to the extent they want to or have the capacity to be involved. Several iwi are now participating in the freshwater policy mahi whether that be through considering draft policy options or via other projects and engagements.

2.2.1 Involvement in early working draft policy reports

The letter regarding draft policy options received by OHIF has been forwarded to members and can be discussed at the hui. OHIF may consider requesting a combined hui for tangata whenua or may wish to wait until more Ōhiwa Harbour and/or tangata whenua specific draft policy material is available.

2.3 Community engagement

Online engagement (through Participate BOP) on long-term visions for freshwater and environmental outcomes for freshwater values closed on 1 August. Eight thorough contributions were provided for the draft Ōhiwa Habour FMU which covered values such as recreation, natural character, mahinga kai, fishing, drinking water supply, ecosystem health, animal drinking water, traditional resources, taonga species, wai tapu, te mauri o te wai, culturally significant sites and tauranga waka. Improvements were sought to the state of all values with the exception of animal drinking water supply. Concerns raised included the lack of mangrove control and the impact on wading birds, water quality, siltation, overfishing, recreational activities disturbing bird species, freedom campers and a lack of access for boaties.

Contributors sought mangrove control, improved water quality, native fish and ecosystems to thrive, fencing and revegetation of riparian margins and steep slopes, safe swimming, input controls (for fertiliser and discharges), plantation forestry setbacks from waterbodies, restoring wetland habitat, silt retention ponds, and the harbour to be a food basket. All sought improvements within the next 30 years with most seeking improvements within the next 10 years.

The draft communication and engagement plan can be shared with iwi (and OHIF members prior to the election) for consideration. Initial consideration may include whether or how to be involved in communication and engagement next year.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

3.2 Huringa Āhuarangi
Climate Change

The matters addressed in this report are of a procedural nature and impacts will be considered as part of implementing the NPSFM and reviewing the RNRP.

3.3 Ngā Pānga ki te Māori
Implications for Māori

The NPSFM sets out requirements to involve tāngata whenua in the management of freshwater and Council is progressing this in accordance with Te Hononga, Toi Moana’s Māori engagement approach for implementing the NPSFM and review of the regional plan.

Toi Moana staff acknowledge iwi and hapū organisations have a heavy workload crossing a wide range of matters, as well as freshwater, and yet still we seek to support and encourage tangata whenua to express their values (such as mahinga kai) and their tohu (that indicate whether a value is provided for in freshwater bodies).

Note, that the December 2021 initialled Whakatōhea Deed of settlement Whakatōhea between the Crown and Whakatohea has included the application of section 36B – Power to make a joint management agreement (JMA) that covers a range of natural resource management issues and will be addressed following the passing of settlement legislation. The Deed also includes statutory acknowledgements over the Otara, Waioeka, Waiaua, Waiōtahe, Nukuhou rivers, and the Ōpape Stream. Other arrangements include Deeds of Recognition between the iwi and the Department of Conservation, and the establishment of a Kaitiaki Forum. Staff will provide further updates as this settlement progresses.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

CONSULT

Whakauiuia

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

Community engagement on freshwater visions, values and outcomes has been online via Participate BOP over the last year. See the section on community engagement within the report. In 2023, Toi Moana will engage across the region on policy options and implications.

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

NPSFM implementation is a core Toi Moana function.

3.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no financial implications for OHIF associated with this report.

4. Ngā Mahi Whai Ake
Next Steps

Toi Moana staff will:

1. Continue to invite and support involvement of tangata whenua in draft policy options for region-wide chapters, and in the preparation of draft long-term vision for freshwater and environmental outcomes.

2. Continue to support various iwi led projects to advance their input and advice into this work programme.

3. Continue to progress key policy workstreams at pace, including surface water quantity, groundwater quantity, water quality and ecosystem health in Freshwater Management Units.

4. Share summary information and draft policy option material relevant to the draft Ōhiwa Harbour FMU with OHIF and iwi and hapū organisations. Invite tangata whenua to provide feedback prior to public engagement in 2023.

5. Continue to develop the Communications and Engagement Plan for 2023.



Pūrongo Ki: Report To:	Ōhiwa Harbour Implementation Forum
Rā Hui: Meeting Date:	8 September 2022
Kaituhi Pūrongo: Report Writer:	Toni Briggs, Senior Project Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Reuben Fraser, Consents Manager
Kaupapa: Purpose:	To provide forum members 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 the Bay of Plenty Regional Navigation Safety Bylaws

Whakarāpopototanga
Executive Summary

This paper introduces and outlines the review of the Bay of Plenty Regional Navigation Safety Bylaws 2017.

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 timeframe 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 review will be undertaken over two years, with opportunities for communities to be involved at several key points along the way.

Council has developed a Regional Navigation Safety Bylaws Review Committee made up of four Regional Councillor members and three tangata whenua members to provide focused attention on the review.

This will be the first of many opportunities for the Forum to interact with Council on the development of new Bylaws.

Ngā tūtohutanga
Recommendations

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Review of the Bay of Plenty Regional Navigation Safety Bylaws.

1. He Whakamārama
Background

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 Bylaws were previously reviewed and revised in 2017. For this review 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.

This paper outlines proposed timeframes for the review process; some of the potential challenges identified with the review; the initiation of a Council Committee to focus on issues, options, and decision-making; summer pre-engagement campaigns to gauge community support (or not) for some potential changes and other opportunities for communities to be involved in the process.

This paper will also outline the interaction the Bylaws review may have with the Ōhiwa Harbour Strategy and the Ōhiwa Harbour Recreation Strategy.

2. Review of the Bylaws

2.1 The Review

An internal review of the effectiveness of the existing Bylaws is currently underway. Overall, staff consider that the 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.

Further, there are some legacy issues that continue to challenge Council that will need to be addressed:

· Ongoing concerns by Matakana Island and Motuhoa Island residents, trustees and hapu over ski lane areas in Tauranga Harbour close to the islands, 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.

Background on the legacy issue that directly affects Ōhiwa Harbour is provided in the following attachment:

2.2 The application of the Regional Navigation Safety Bylaws on the Ōhiwa Harbour

The Navigation Safety Bylaws apply to all navigable waters, both freshwater and marine, in the Bay of Plenty. Within the Bylaws document there are general, and site specific clauses that directly affect the navigation safety management of Ōhiwa Harbour. Not following the instructions outlined in a clause is considered an offence and can have a penalty attached in the form of a fine. In the current Bylaws most fines are $200.

General clauses cover broadly applicable rules including lifejacket use; vessel speed; towing; collisions and accidents; restrictions; aids to navigation and navigation signals.

Ōhiwa Harbour is an extremely popular watersport and recreational waterbody – especially in summer. Several specifically focussed clauses have been developed in attempt to best manage the wide range activities the community wishes to pursue in a limited area.

Current clauses specific to Ōhiwa Harbour:

· Special Designated Areas

Where there is a finite area but many competing uses, there is a need to define special areas dedicated to one use. This makes managing the safety of participants easier. In Ōhiwa Harbour the current (2017) Bylaws document outlines special designated areas for:

o Water ski Areas

o Mooring Areas.

The 2017 Bylaws document also applies a personal watercraft exclusion zone.

The attached map shows the current personal watercraft exclusion zone.

Attachment 1: Ōhiwa Harbour Navigation Safety Map 2017.

The rules excluding personal watercraft (PWC) e.g. jet skis, have a reasonably long history – with the specific exclusion rules coming into effect in the Regional Harbour Bylaws 1998. Bylaw 72 was proposed to “… ban the use of jet skis on Ōhiwa Harbour” under the Local Government Act 1974.

At the time the main rationale for the ban was:

· Due to their speed and erratic movements, jet skis were considered a danger to other recreational users, particularly in the confined spaces for the harbour

· Due to their noise jet skis were considered incompatible with wildlife, natural character, and aesthetic values of the Harbour.

Due to the controversial nature of the proposal, submissions (including two petitions - one for, and one against) numbered in the hundreds. A compromise was made to allow jet ski use in an area adjacent to the boat ramp and out to sea. This remains the same today.

There are still a reasonable number of complaints from Ōhiwa residents about the presence of jetskis in excluded areas and the speed and behaviour of some jetski operators.

· However, since then the Local Government Act 1974 has been amended (2002), the Maritime Transport Act amended (2013) and Maritime rules updated substantially – some of the supporting legislation for the 1998 rationale has been repealed.

· The ongoing inclusion of the specific (exclusion) clauses around PWC use in Ōhiwa Harbour will need to be investigated and analysed further in the upcoming review process.

2.3 Review timeline

The Bylaws review will be undertaken over two years, with opportunities for communities to be involved at several key points along the way.

Staff have developed a visual timeline to show the high-level planning for the review. This involves:

· Staff undertaking initial research into options and solutions for legacy issues; and a review of the current 2017 Bylaws documents against a criteria of legal mandate (mostly in terms of mandate against section 33M in the Maritime Transport Act); practical implementation needs; advances in technology (this could be anything from advances in data collection to new innovation in personal watercraft (e.g. hydrofoils, flyboarding and kitesurfing)); ease of understanding, interpretation and education; and maritime best practice.

· Planning for and undertaking a summer/boating season campaign from late October 2022 until late February 2023. Communications an engagement will be a two-phase approach:

· Phase 1 will include higher level wide messaging over summer which will focus on educating and informing communities about the review. This will include social media, a Participate Page on BOPRC website, summer patrol handouts.

· Phase 2 will be a more focussed campaign of tailored engagement with specific community groups including tangata whenua, iwi, and trustees. This will be a longer phase (February 2023 to June 2023). Staff are hoping that the committee members can take an active part in this phase of engagement.

· A formal consultation phase which will involve a submission period, public hearings, and deliberations, starting in July 2023.

Final adoption of a new Bylaws document will be undertaken by Regional Council in late 2023.

Attachment 2: Navigation Safety Bylaws Review Project Timeline.

2.4 The Regional Navigation Safety Bylaws Review Committee

Council has developed a Regional Navigation Safety Bylaws Review Committee made up of four Regional Councillor members and three tangata whenua members to provide focused attention on the review. This was thought to be the best option for the review due to:

· The need for the Committee to meet regularly on the issues, to develop a relatively deep understanding, balanced with efficient decision-making. This will inevitably take time, with the committee meeting multiple times.

· The need for a Te Ao Māori input into the decision-making process as some of the legacy issues directly affect mana whenua.

· That as a consequence of the complexity of the legacy issues, the view is that the committee should be closer to “decision-making” than “advisory”.

2.5 Interaction with the Ōhiwa Harbour Strategy

As much as it can within its narrow mandate to write bylaws “For the purpose of ensuring maritime safety in its region…” the Bylaws support the principles and policies of the Ōhiwa Harbour Strategy. In particular, the relationships built, and communication around, strategy action 3.13.

Staff will endeavour to align the principles of the Strategy when making decisions around clauses that directly affect the Vision for the Ōhiwa Harbour.

2.6 Interaction with the Ōhiwa Harbour Recreation Strategy

The Ōhiwa Harbour Recreation Strategy outlines a clear vision for the Harbour and provides guidance to the Strategy partners around the management of recreation in and around the Harbour.

The description of the current situation outlined in the Recreation Strategy reiterates the challenges staff have around balancing a wide range of uses, needs and priorities for users, residents, and caretakers of the Harbour (and all the waters of the Bay of Plenty). The conflicts in section 17 are well noted.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
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 Huringa Āhuarangi
Climate Change

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

3.3 Ngā Pānga ki te Māori
Implications for Māori

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 Whakawhitiwhiti ā-Hapori
Community Engagement

INVOLVE

Whakaura

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

A detailed Communications and Engagement Plan is being 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 Te Hāngai ki te Pou Tarāwaho Rautaki
Alignment with Strategic Framework

The review of the current Bylaws document and the drafting of a new 2023 document, will endeavour to align with the principles and policies of the Ōhiwa Harbour Strategy wherever possible.

Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Regional Navigation Safety Bylaws. The Bay of Plenty Regional Navigation Safety Bylaws are in place for the purpose of managing navigation safety to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty’s navigable waters.

Bylaw are developed under a complex framework of international convention and law, national legislation, national rules, and maritime practice in order to regulate behaviour for the purpose of maritime safety locally.

3.6 Ngā Pānga ā-Pūtea
Financial Implications

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

4. Ngā Mahi Whai Ake
Next Steps

Staff will ensure the Ōhiwa Harbour Implementation Forum is kept informed at every step of the process, particularly the opportunities in which you can provide feedback to draft Regional Navigation Safety Bylaws 2023.

Tuhinga Tautoko
Attachments

Attachment 1 - Ōhiwa Harbour Map 2017

Attachment 2 - Timeline Aug 22 Plan G Sub-Committee ⇩



Pūrongo Ki: Report To:	Ōhiwa Harbour Implementation Forum
Rā Hui: Meeting Date:	8 September 2022
Kaituhi Pūrongo: Report Writer:	Tim Senior, Land Management Officer
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To update the Forum on the progress on the Ōhiwa fish passage project

Ōhiwa fish passage project

Whakarāpopototanga
Executive Summary

The Ōhiwa Fish Passage Project seeks to gain greater understanding of the distributions of indigenous fish species throughout the Ōhiwa catchment. A key goal of the project is to increase connectivity between streams and harbour by identifying and reducing any human induced barriers to fish movement.

Following the identification of over 500 possible structures in the catchment by desktop mapping, a little over half of these structures were assessed on the ground last summer (2021/22). These assessments identified 100 structures which were likely impacting the movement of fish.

As part of a trial to gain a greater understanding of the impact of these barriers on fish communities, the use of a non-invasive tool where DNA is collected from a water sample was investigated. Three sites in the Nukuhou were sampled and this contributed to a national environmental DNA (eDNA) trial. The Nukuhou trial results and structure assessments are being used to inform further eDNA work within the Ōhiwa catchment. The first round of structure remediations within the Nukuhou catchment is scheduled to happen in the coming year (2022/23).

Ngā tūtohutanga
Recommendations

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Ōhiwa fish passage project.

1. He Whakamārama
Background

Many native fish species undertake significant migrations as part of their life cycle (e.g., shortfin eels, longfin eels, inanga, and smelt). Access between saltwater and freshwater for different stages of their life cycle is essential. Instream infrastructure, such as culverts, weirs, and dams, can delay or prevent fish movements. Over time, this has resulted in a reduction in the distribution and abundance of some of our most iconic and valued freshwater species.

Action 1.10 in the Ōhiwa Harbour Strategy addresses this issue and aims to develop a greater understanding of indigenous fish species and restore connectivity in the Ōhiwa catchment:

To understand the extent of instream barriers, desktop mapping was undertaken to identify potential instream structures across the whole of the Bay of Plenty Region. This work identified over 500 potential structures distributed throughout the Ōhiwa Catchment (Figure 1). This information is initially based on aerial imagery and then potential structures need to be ground-truthed and individually assessed to see how they may impact on fish communities. This desktop work formed a tangible starting point for the current project.

Figure 1. Locations of 554 potential barriers throughout the Ōhiwa Harbour Catchment that were identified through a desktop assessment.

2. About the project

2.1 Project outcomes

The key outcomes that the Ōhiwa Fish Passage project seeks to achieve are:

1. Increased knowledge about indigenous freshwater fish species and habitat in the streams that flow into the Ōhiwa Harbour.

2. Increased instream connectivity throughout the Ōhiwa catchment, allowing for upstream and downstream migration of native fish species.

3. Landowner education around native fish lifecycles and education of new structure requirements in the National Environmental Standards for Freshwater.

4. Development of a ‘catchment-based fish passage model’ which could be adapted and replicated for future fish passage efforts and support in meeting requirements of the National Policy Statement for Freshwater Management.

2.2 Instream structure assessments 2021-22

A summer student was employed by BOPRC over the summer, following suitable training by expert staff this person undertook structure assessments in the Ōhiwa catchment. The 554 potential barriers identified in the desktop assessment were used as the focus of this work. Across the 2021/22 summer, a total of 370 sites were surveyed. This included 296 of the 554 desktop points and an additional 74 ‘new’ sites (not identified in the desktop survey but found onsite). A further 125 sites were unable to be surveyed due to tricky access, no permission to access, or, lack of land owner contacts.

Of the 370 sites surveyed:

· 213 are not considered to be a barrier

· 2 structures require maintenance

· 95 sites were classed as barriers such as being perched or with high velocity

o 11 were perched barriers and 39 were velocity barriers, with 45 having both perched and velocity barriers.

· 12 are physical barriers such as flood or tide gates

· 18 require further investigation

· 30 sites were classified as dry and/or little or no upstream aquatic habitat

This information can now be used to plan for a first round of structure remediation.

2.3 Project steps

This Ōhiwa Fish Passage Project is a multiyear project and there are several key steps towards achieving the stated goals:

2.4 Nukuhou fish surveys using environmental DNA

Genetic material is constantly shed by organisms, including fish. By collecting discarded DNA and sequencing it, you can gain a picture of plants and animals in a local area. In a river environment, this is achieved by simply filtering a volume of water in order to detect the species living instream.

BOPRC contributed to a national eDNA trial in partnership with Wilderlab and other Regional Councils across New Zealand. There were 50 individual sampling sites from around the country where 6 syringe filter samples and 6 passive sampler filters were taken - 600 samples in total. Three of these eDNA samples were collected from in the Nukuhou catchment (Figure 2).

Figure 2. Three locations where eDNA was collected from the Nukuhou Catchment shown by red circles and the fish species detected in these samples at each location.

Not only did this sampling contribute to the national trial but there were a couple of other interesting findings:

· Crans bully were detected at the lower Nukuhou site which I believe this is the first record of crans bully in this catchment. While there are 14 records of crans bully in the BOP in the New Zealand Freshwater Fish Database, the majority of these are older than 10 years and given that distinguishing between common and crans bullies is difficult, it was unclear if these results were accurate. The similarity between these two species is also apparent in the eDNA results with DNA signals detected that could not be distinguished as common or crans bully.

· The sampling also confirmed the continued presence of shortjaw kokopu in the Arawhatawhata. Shortjaw kokopu are a threatened species under the New Zealand Threat Classification System Manual. This species were only detected in one out of 12 samples at this site which suggests that they are low in abundance (low in numbers).

This work has confirmed the methodology is valid and planning is underway for further eDNA sampling this summer to gather more information on fish communities in the catchment.

3. Summary

A project in the Ōhiwa Harbour Catchment focused on connectivity is underway and ongoing. Structure assessments have been carried out across the 2021/22 summer and this has identified a number of barriers to be remedied. Key information collected in the assessment of instream-structures, along with information about predicted and existing fish communities, can be used to establish a plan of action to improve instream connectivity through the remediation of instream structures. This work will increase our knowledge of existing fish communities and instream structures, allowing for the development of a strategic plan to increase instream connectivity in the catchment.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

4.2 Huringa Āhuarangi
Climate Change

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

4.3 Ngā Pānga ki te Māori
Implications for Māori

Restoring our streams and the fish and tuna in them is of particular interest to tangata whenua

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

CONSULT

Whakauiuia

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

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

This report details work towards implementing the actions of the Ōhiwa Harbour Strategy.

4.6 Ngā Pānga ā-Pūtea
Financial Implications

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

5. Ngā Mahi Whai Ake
Next Steps

The work of assessing instream fish passage barriers, remediating them and gathering further information about the fish species present in the Ōhiwa catchment is ongoing and will continue.



Pūrongo Ki: Report To:	Ōhiwa Harbour Implementation Forum
Rā Hui: Meeting Date:	8 September 2022
Kaituhi Pūrongo: Report Writer:	Tim Senior, Land Management Officer
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To update the Forum on the work undertaken to give effect to the Ōhiwa Harbour Strategy actions for the 2021-22 year.

Ōhiwa Harbour Strategy annual work programme report for the 2021-22 year

Whakarāpopototanga
Executive Summary

This report provides a summary of the work carried out under the Ōhiwa Harbour Strategy Annual Work programme over the 2021-22 financial year.

Out of the 51 deliverables in the work programme, 36 were completed, 11 are in progress and four were not completed. Much of the work is on-going in nature and contributes to a long term vision for the harbour. Significant progress has been made over the last year in the areas of water quality, freshwater fish, kaimoana and kaitiakitanga.

Ngā tūtohutanga
Recommendations

That the Ōhiwa Harbour Implementation Forum:

1 Receives the report, Ōhiwa Harbour Strategy annual work programme report for the 2021-22 year.

1. He Whakamārama
Background

The Ōhiwa Harbour Strategy (the Strategy) covers the Ōhiwa Harbour and its land catchment area. It is a non-statutory document that was prepared by the Strategy partners: Whakatāne District Council (WDC), Ōpōtiki District Council (ODC), Ngati Awa, Te Upokorehe, Whakatōhea, Te Waimana Kaaku, and Bay of Plenty Regional Council. The Strategy was adopted in 2008 and was refreshed in 2016.

Planning and coordination of the operational work of the Strategy is overseen by the Ōhiwa Harbour Strategy Coordination Group (OHSCG) at which all partners are represented.

The work programme for the coming year is presented to the Forum every March for endorsement prior to the beginning of the financial year and results for the previous year are reported every September. This full report is also presented to the Bay of Plenty Regional Council (BOPRC).

Funding for the delivery of this work comes from the existing budgets of the strategy partners. An extra contribution from BOPRC covers the deliverables that are not the direct responsibility of any of the partners. It’s also important to note that landowners and community groups make a substantial contribution, either in cash or in kind, to many of the actions.

The deliverables of each annual work programme are based on the higher-level actions contained in the Strategy. Most of these actions are of an ongoing nature.

2. Key achievements 2021-22

Key achievements for the last financial year to 30 June are highlighted below. The full annual work programme with its deliverables and results for the year can be found in Appendix 1.

Of the 51 deliverables planned for last year, 36 were completed, 11 are in progress and four were not completed. The focus of work has been around water quality, freshwater fish, kaimoana and kaitiakitanga.

2.1 Actions 1.1 and 1.2: water quality

BOPRC Environmental Programmes were in place on 32 properties during the last year. As a result:

· 28km of waterway fencing was completed

· A further 4km of fencing was erected around bush blocks

· The fencing protected 202ha of land from stock access

· 21,500 plants were planted along waterways covering 17.5ha

· BOPRC and MfE contributed $443k and landowners $149k to the above work.

Extra funding from the Ministry for the Environment’s freshwater improvement fund contributed to the work undertaken during the year.

2.2 Action 1.5: mangrove management

As usual, eight mangrove removal working bees were planned for the year. Only one was held due to a High Court ruling in which mangroves were deemed to be natural wetlands and therefore subject to the rules of the National Environmental Standard for Freshwater. As a result, mangrove removal will now require a resource consent. BOPRC consents staff have suggested that consent could possibly be granted and that an application should be made.

Upokorehe have been granted a PCR (protected customary right) for the removal of mangroves in Ōhiwa as a result of their Marine and Coastal Area Act claim. This would supersede the High Court ruling but may take some years to come into effect.

2.3 Action 1.9: species and habitat

Care group activities have continued with predator control, weed control and planting. Last winter the groups between them planted over 1500 plants around the harbour margins.

The new group working on the Ōhope Spit with a BOPRC Environmental Enhancement Fund grant have held a number of working bees, controlling weeds, expanding the bait station network and trialling a new method of controlling rabbits.

The Upokorehe kaitiaki are also now set up in the BOPRC care group programme which will fund some of the resources they need for their work.

2.4 Action 1.10: freshwater fish

A desktop survey suggests there are about 550 potential barriers to migratory native fish passage in the catchment. A BOPRC summer student ground truther 370 of these. Some trial eDNA work has been carried out to identify what fish are present in which streams. This work is reported on in more detail in another agenda report.

Restoration of whitebait spawning habitat is planned at the S bends on the Nukuhou River. Approval for this work, funded by BOPRC, has been given by the Hiwarau C trustees. Some pest plant control has been undertaken and further work will be carried out next summer.

2.5 Action 1.11: climate change

Upokorehe have obtained funding from the BOPRC Community Led Adaptation Fund to try to shed more light on flooding issues at Kutarere, particularly with regard to the likely impacts of climate change. The investigation will be carried out by BECA.

2.6 Actions 1.14: bylaws and action 3.8: vehicle access

There are still ongoing issues with vehicles in the prohibited areas at Ōhiwa Spit and at the Whangakopikopiko pipi bed. A presentation was made to ODC on this subject by DOC staff, shorebird volunteers and Upokorehe kaitiaki in which further enforcement measures were requested.

Bylaw enforcement has been discussed at some length by OHSG. It’s understood that councils don’t have the resources to effectively enforce their bylaws.

Regular complaints are received about jetskis in prohibited areas.

2.7 Action 2.1: shellfish

Kura Paul-Burke’s Awhi Mai Awhi Atu research project continues and by the end of the year:

Seastar trapping trials were underway (Megan).

Tuangi mapping was completed but on the western side only (Kiri).

Pipi bed mapping was almost complete on the western side only (Kiri).

Work on habitat and decision making was underway (Richard).

Data from sediment cores had been analysed (Waikato Uni)

Survey of seastars on pipi beds begins soon.

Kura is unable to provide her usual update to this meeting as she is overseas..

2.8 Action 3.3: kaitiakitanga

25 volunteer Upokorehe kaitiaki patrolled the pipi bed and surrounding areas over the summer and long weekends. Pipi harvesters’ behaviour was reported to be worse worse than last year. Vehicles (often without registration) were often noted on mudflats. There was also concern about congestion, safety, camping at the boat ramp and Tokitoki.

An interpretation sign on the bird nesting area has been installed. BOPRC has agreed to fund some of the other resources needed by the kaitiaki by way of Care Group programme.

DOC put a chain across Tokitoki to keep vehicles and campers out. This was very quickly cut. The DOC resource consent application to repair Tokitoki seawall held up due to need to consult all MACAA claimants. Advice on resolving the issues at Tokitoki from Upokorehe is still awaited.

2.9 Action 3.6: communications and education

Tanja has received feedback on the website from most tangata whenua groups and the website is otherwise ready to go live. This is detailed by Tanja in another agenda report.

2.10 Action 3.13: health and safety

The remediation work identified as required in the Kutarere flooding report has now all been completed by BOPRC, ODC and Higgins (for Waka Kotahi). A river engineer has also been asked to look at the issue and if he considers it worthwhile, will investigate further,

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

3.2 Huringa Āhuarangi
Climate Change

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

3.3 Ngā Pānga ki te Māori
Implications for Māori

As committed kaitiaki of the harbour and partners to the strategy, the four tangata whenua partners were fully engaged in both the development of the Ōhiwa Harbour Strategy, its refresh in 2016 and its continued implementation. Their mana whenua and mana moana is a cornerstone of the strategy and is the basis of many of the strategy actions. Individual tangata whenua representatives are regularly consulted with regarding many aspects of the work and staff from the councils often attend iwi and hapū hui. In particular, during the last year, the tangata whenua partners have provided support for the Awhi Mai, Awhi Atu project and the protection of the Whangakopikopiko pipi bed.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

CONSULT

Whakauiuia

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

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

This report details work towards implementing the actions of the Ōhiwa Harbour Strategy.

3.6 Ngā Pānga ā-Pūtea
Financial Implications

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

4. Ngā Mahi Whai Ake
Next Steps

The work programme will continue to implement the actions of the Ōhiwa Harbour Strategy.

Tuhinga Tautoko
Attachments

Attachment 1 - Ōhiwa Harbour Strategy annual work programme results to 30 June 2022 ⇩