Agenda of Tarawera Awa Restoration Strategy Group



Pūrongo Ki: Report To:	Tarawera Awa Restoration Strategy Group
Rā Hui: Meeting Date:	28 February 2023
Kaituhi Pūrongo: Report Writer:	Shari Kameta, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To appoint the Chairperson and Deputy Chairperson for the Tarawera Awa Restoration Strategy Group.

Appointment of a Chairperson and Deputy Chairperson

Whakarāpopototanga
Executive Summary

As set out in the Ngāti Rangitihi Claims Settlement Act 2022, the Tarawera Awa Restoration Strategy Group (Strategy Group) must appoint a Chairperson and Deputy Chairperson at its first meeting unless appointed at the discretion of Te Mana o Ngāti Rangitihi Trust.

Te Mana o Ngāti Rangitihi Trust have chosen not to appoint the Chairperson or Deputy Chairperson, therefore the appointment of these positions must be made by a formal vote made by the Strategy Group at this inaugural meeting.

This report provides the appointment and voting process for the election of the Chairperson and Deputy Chairperson.

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1 Receives the report, Appointment of a Chairperson and Deputy Chairperson.

2 Selects System ____ as the voting system to appoint the Chairperson and Deputy Chairperson.

3 Appoints ______________ as the Chairperson of the Tarawera Awa Restoration Strategy Group for a term of two years pursuant to Part 2, section 126(2) of the Ngāti Rangitihi Claims Settlement Act 2022.

4 Appoints ______________ as the Deputy Chairperson of the Tarawera Awa Restoration Strategy Group for a term of two years pursuant to Part 2, section 126(2) of the Ngāti Rangitihi Claims Settlement Act 2022.

1. He Whakamārama
Background

The Tarawera Awa Restoration Strategy Group’s enabling legislation is the Ngāti Rangitihi Claims Settlement Act 2022 (the Act). Part 2, Section 126 of the Act sets out the procedure for appointing the Strategy Group’s Chairperson and Deputy Chairperson.

126 Chairperson and deputy chairperson

(1) The Strategy Group must appoint a chairperson at its first meeting unless, in the discretion of Te Mana o Ngāti Rangitihi Trust, the first chairperson is the member appointed by that appointer.

(2) The appointment of the chairperson is for a term of 2 years, unless the chairperson resigns or is removed by the Strategy Group during that term.

(3) The chairperson of the Strategy Group may be reappointed or removed by the Strategy Group.

(4) The Strategy Group must appoint a deputy chairperson, whose appointment is subject to the same conditions as set out in subsections (1) to (3).

(5) Clause 26(3) and (4) of Schedule 7 of the Local Government Act 2002 does not apply to the Strategy Group.

Regarding Section 126(1) above, Te Mana o Ngāti Rangitihi Trust have chosen not to appoint a Chairperson or Deputy Chairperson, therefore the appointment of these positions must be decided by the Strategy Group at its inaugural meeting.

At the Strategy Group’s Whakawhanaunga hui held on 6 December 2022, the importance of recognising and maintaining the mana of Ngāti Rangitihi’s Treaty Settlement legislation through Te Mana o Ngāti Rangitihi Trust holding the position of the Chairperson was expressed and supported. Further to this, Iwi representatives of the Strategy Group held an informal hui on 19 January 2023 and this view was reiterated. Support was also expressed for the first term of the Deputy Chairperson to be filled by Te Runanga o Ngati Awa’s appointed member and for that position to be maintained by an Iwi appointed member.

In accordance with Section 126(2) of the Act, the Chairperson’s and Deputy Chairperson’s term will expire on 28 February 2025.

2. Appointment Process

The process for appointing the Chairperson and Deputy Chairperson is determined by Part 2, section 130 of the Act, as follows:

130 Decision making

(1) The decisions of the Strategy Group must be made by vote at a meeting.

(2) When making a decision, the Strategy Group—

(a) must strive to achieve consensus among its members; but

(b) if, in the opinion of the chairperson (or deputy chairperson if the chairperson is absent), consensus is not practicable after reasonable discussion, a decision of the Strategy Group may be made by a majority of those members present and voting at a meeting of the Strategy Group.

3. Voting System and Process for Election of a Chairperson and Deputy Chairperson

In accordance with Schedule 7, clause 25 of the Local Government Act 2002 (LGA), the Strategy Group must resolve to use one of the following voting systems to elect or appoint a Chairperson and/or Deputy Chairperson:

System A -

(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) If no candidate is successful in the second round there is a third, and if necessary subsequent round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

In any round of voting if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.”

System B -

(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) has the following characteristics:

(i) there is only one round of voting; and

(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.”

It is recommended that the Strategy Group selects System B as its voting system.

The Voting Process

a) Strategy Group resolves its voting system to be adopted and the procedure to be used in the event of a tie.

b) Separate rounds of nominations for Chairperson and Deputy Chairperson are called for by the Chief Executive or their delegate (nominated and seconded).

c) Nominees may be allowed a period of up to 10 minutes to make a presentation.

d) Voting for Chairperson and Deputy Chairperson as per agreed system.

e) Chairperson and Deputy Chairperson declared appointed.

In agreeing the voting process, ground rules need also to be noted.

Ground Rules

a) A member may nominate or second themselves.

b) Any member can call for a Division under Standing Orders (a record of how members voted).

c) Any member can abstain from voting.

d) In the event of a tie between the highest (and/or lowest) polling candidates, the names of the candidates receiving an equal number of votes be put into a container and the candidate’s name drawn out, by an independent person (such as the Committee Champion), is deemed to be elected.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this decision.

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

The matters addressed in this report are of a procedural nature where there are no significant implications for Māori associated with the decision.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required as the decision relates to internal Strategy Group matters only.

4.5 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 appointment of the Chairperson and Deputy Chairperson remain in place for two years from the date the appointments were made or until such time as the positions are vacated.



Pūrongo Ki: Report To:	Tarawera Awa Restoration Strategy Group
Rā Hui: Meeting Date:	28 February 2023
Kaituhi Pūrongo: Report Writer:	Shari Kameta, Committee Advisor and Yvonne Tatton, Governance Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	The Tarawera Awa Restoration Strategy Group is asked to confirm its memberships and schedule of meetings for 2023 and adopt a Terms of Reference and Standing Orders.

Inaugural Meeting Administrative Matters

Whakarāpopototanga
Executive Summary

This report details several administrative matters for the Tarawera Awa Restoration Strategy Group to adopt and confirm, including:

· Adoption of a Terms of Reference and Standing Orders to assist in guiding the conduct of meetings; and

· Confirmation of membership and a schedule of meetings for 2023.

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1 Receives the report, Inaugural Meeting Administrative Matters;

2 Confirms the membership appointments of the Tarawera Awa Restoration Strategy Group:

· Leith Comer as the appointed member for Te Mana o Ngāti Rangitihi Iwi Trust and Tiipene Marr as the alternate member;

· Awhi Awhimate as the appointed member for Ngāti Mākino Iwi Authority;

· Pouroto Ngaropo as the appointed member for Te Rūnanga o Ngāti Awa;

· Beverley Adlam as the appointed member for Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust;

· Chairman Doug Leeder as the appointed member for Bay of Plenty Regional Council Toi Moana and Cr Malcolm Campbell as the alternate member;

· Mayor Faylene Tunui as the appointed member for Kawerau District Council and Deputy Mayor Aaron Rangihika as the alternate member;

· Cr Gregg Brown as the appointed member for Rotorua Lakes Council and Phill Thomass (Lakes Community Board) as the alternate member;

· Mayor Victor Luca as the appointed member for Whakatāne District Council and Deputy Mayor Lesley Immink as the alternate member;

3 Adopts the draft Tarawera Awa Restoration Strategy Group Terms of Reference (Attachment 1); and

(a) Agrees in principle to a Vision Statement being developed for inclusion in the Terms of Reference, for adoption at a subsequent meeting;

4 Adopts the draft Tarawera Awa Restoration Strategy Group Standing Orders (Attachment 2) with the following discretionary Standing Orders:

(a) 4.3 Language

If a member intends to address the meeting in New Zealand Sign Language, or in te reo Māori, when the normal business of the meeting is conducted in English and where an informal summary in English of what is spoken is not provided, they must give prior notice to the Chairperson not less than 2 working days before the meeting.

(b) 4.4 Webcasting meetings

Webcast meetings should be provided in accordance with the protocols contained in Appendix 7.

Webcasting is only to occur by agreement of the Strategy Group and only where there is appropriate technology to do so.

(c) 10 Tikanga

The Strategy Group recognises that the business of the Strategy Group will be conducted in a way as to incorporate both Tikanga and Standing Orders as appropriate.

Where a meeting of the Strategy Group is held on a marae, marae protocol takes precedence, and all members are to abide by such marae protocols.

(d) 14.3 Chairperson vacates the Chair

The Chairperson may agree to vacate the Chair to enable the Deputy Chairperson to chair the meeting at pre-agreed times. Where this occurs, the Chairperson will need to formally vacate the Chair at the start of each meeting that it is pre-agreed the Deputy Chair will chair, and this must be recorded in the minutes of that meeting. The Chairperson is then able to be present and participate in the meeting, including voting, while not chairing the meeting.

(e) 15.1 Public Forum - Time Limits

A period of up to 15 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting.

(f) 22.1 Speaking and moving motions

· Option A; or

· Option B; or

· Option C

5 Authorises the Governance Manager to make minor grammatical and formatting changes to the Standing Orders prior to release.

6 Confirms the Tarawera Awa Restoration Strategy Group schedule of meetings for 2023:

· Tuesday, 28 February 2023

· Tuesday, 23 May 2023

· Tuesday 29 August 2023

· Tuesday 7 November 2023 (Rescheduled)

1. He Whakamārama
Background

The Ngāti Rangitihi Claims Settlement Act 2022 (the Act) provides for the establishment of the Tarawera Awa Restoration Strategy Group (Strategy Group), a permanent co-governance committee partnership between local government authorities and iwi that share an interest in the Tarawera River catchment.

The Act provides the framework for the Strategy Group and requires a number of actions to be taken, which includes the adoption of a set of Standing Orders at the Strategy Group’s first meeting to guide the conduct of meetings.

Other matters covered in this report seek the adoption of a Terms of Reference and confirmation of the Strategy Group’s membership and schedule of meetings for 2023.

2. Membership Appointments

Membership appointments to the Strategy Group consist of eight members as defined by the Act, of whom the appointing organisations have appointed the following members to represent them on the Strategy Group:

Organisation	Appointed Member	Alternate Member
Te Mana o Ngāti Rangitihi Trust	Leith Comer	Tiipene Marr
Ngāti Mākino Iwi Authority	Awhi Awhimate
Te Rūnanga o Ngāti Awa	Pouroto Ngaropo
Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust	Beverley Adlam
Bay of Plenty Regional Council	Chairman Doug Leeder	Cr Malcolm Campbell
Kawerau District Council	Mayor Faylene Tunui	Deputy Mayor Aaron Rangihika
Rotorua Lakes Council	Cr Gregg Brown	Phill Thomass (Lakes Community Board)
Whakatāne District Council	Mayor Victor Luca	Deputy Mayor Lesley Immink

Members of the Strategy Group are appointed for a term of three years, unless the member resigns or is removed by the appointer during that term; and may also be reappointed by the relevant appointer.

The Strategy Group is asked to confirm its membership and any subsequent changes that may occur from time to time.

Appointing organisations are encouraged to appoint an alternate member to attend meetings and assume the role of the appointed member when they are unable to attend. Alternate members may attend and participate at all meetings, but cannot vote if the appointed member is present.

3. Standing Orders

Under the Ngāti Rangitihi Claims Settlement Act 2022 (the Act), the Tarawera Awa Restoration Strategy Group (Strategy Group) must, at its first meeting, adopt a set of standing orders for the operation of the Strategy Group. Standing Orders contain rules for the conduct of meetings, to enable the exercise of decision-making responsibilities in a transparent, inclusive and lawful manner.

The Strategy Group’s draft Standing Orders (refer Attachment 2) have been prepared by Bay of Plenty Regional Council as the Strategy Group’s administrator and are modelled on the Bay of Plenty Regional Council’s which are updated every three years to ensure it reflects new legislation and incorporates evolving standards of good practice.

The Standing Orders for the Strategy Group include requirements set out in specific legislation, i.e. Ngāti Rangitihi Claims Settlement Act 2022, the Local Government Act 2002 (LGA), the Local Government Official Information and Meetings Act 1987, and must not contravene any requirements in these Acts, or any other Act.

While members must comply with the Standing Orders, they are typically only referred to when necessary and often some practical flexibility is applied in particular instances i.e. speaking rights at meetings. Standing Orders should in any case be kept in mind and will prevail in any case of uncertainty or dispute.

3.1 Discretionary Options and Preliminary Feedback Received

At the Strategy Group’s Whakawhanaungatanga hui held on 6 December 2022, members requested the opportunity to review and provide early feedback on a set of draft Standing Orders to ensure they appropriately provide for tikanga practice and to assist with timing and efficiency of adopting the Standing Orders at the meeting.

In response to the request, a summary of key principles and discretionary options and matters was provided for members’ feedback. The following outlines the discretionary options/matters, alongside feedback received and subsequent response for the Strategy Group’s consideration:

Standing Order / Matter	Options, Feedback and Response
1. Document format Regional Council Standing Orders have incorporated bi-lingual headings for main chapter headings with English heading first followed by a te Reo Māori heading translation. This format has been incorporated into the draft Standing Orders as a model standard.	Feedback from an Iwi representatives’ hui on 19 January 2023 supported this format to be used in the draft Standing Orders.
2. Language (SO 4.3) If a member intends to address the meeting in te reo Māori or NZ Sign Language when the normal business of the meeting is conducted in English (or vice versa), they must give prior notice to the Chairperson, not less than two working days before the meeting.	Feedback from an Iwi representatives’ hui on 19 January 2023 supported an amendment to remove the requirement for members to give two working days prior notice, if an informal summary of the member’s korero is provided (apart from kōrero which is tapu e.g. karakia, tauparapara). The above amendment has been included in the draft Standing Orders for consideration. Note: This provision is used in the Rangitaiki River Forum’s Standing Orders.
3. Webcasting meetings (Live Streaming) (SO 4.4) Webcast meetings should be provided in accordance with protocols contained in Standing Order Appendix 7. Comment: Regional Council adopted the practice of livestreaming their Council and core committee meetings to their YouTube channel with a link available on their website for audio/visual recording of their public meetings. Where there is stable internet access and appropriate technology available at the venue, Council can offer this service to the Strategy Group. Other co-governance committees have chosen not to webcast their meetings, but some record the meeting to be uploaded on Council’s website by the following day of the meeting. The advantages and disadvantages for webcasting meetings is attached to this report (Attachment 3).	Options are to: a. Include the provision of webcasting meetings that are open to the public. b. Include the provision of webcasting meetings which is only to occur by agreement of the Strategy Group. c. Include the provision of webcasting meetings which is only to occur by agreement of the Chair. d. No meetings are to be webcast and no provision made in the Standing Orders. Staff recommend Option B to provide for webcasting if in future the Strategy Group chooses to do so. This option has been included in the draft Standing Orders for consideration. Note: Option B is used in the Rangitaiki River Forum’s Standing Orders. Feedback from the Iwi representatives’ hui on 19 January 2023 disagreed to webcasting meetings, but supported making provision for Strategy Group members to attend meetings by audio or audiovisual link which is provided for under SO 13.7.
4. New provision: Meeting Procedures (SO 10) – Tikanga Consideration of additional tikanga that members may wish to include in Standing Orders as part of the Strategy Group’s meeting protocols. This may include how members wish to engage and contribute.	Feedback from the Iwi representatives’ hui on 19 January 2023 supported the following new provision to be added. “The Strategy Group recognises that the business of the Strategy Group will be conducted in a way as to incorporate both Tikanga and Standing Orders as appropriate. Where a meeting of the Strategy Group is held on a marae, marae protocol takes precedence, and all members are to abide by such marae protocols.”
5. Meeting Procedures – Opening and Closing (SO 11) The Strategy Group may, at the start of a meeting, choose to recognise the civic or cultural importance of the occasion through some form of reflection. This could be an expression of community values, a reminder of the contribution of members who have gone before, or a formal welcome such as a mihi whakatau. Options for opening a meeting could include a karakia timatanga, Mihi whakatau, or powhiri as well as a karakia whakamutunga to close a meeting. The above is identified in the LGNZ template and has been incorporated into the draft Standing Orders as a model standard.	Feedback from the Iwi representatives’ hui on 19 January 2023 supported this provision.
6. Chairperson may vacate the Chair (SO 14.3) The Chairperson may agree to vacate the Chair to enable the Deputy Chairperson to chair the meeting at pre-agreed times. Where this occurs, the Chairperson will need to formally vacate the Chair at the start of each meeting that it is pre-agreed the Deputy Chair will chair, and this must be recorded in the minutes of that meeting. The Chairperson is then able to be present and participate in the meeting, including voting, while not chairing the meeting. This option is not identified in the LGNZ template but could be included. Including this SO makes it explicit that vacating the chair means the Chair can still be present and participate in the meeting as a member. This enables a deputy chair to chair a meeting on occasion even when the Chair is in the room.	Feedback from the Iwi representatives’ hui on 19 January 2023 supported including this provision. The provision has been included in the draft Standing Orders for consideration.
7. Public Forum - Time Limits (SO 15.1) The public forum is not part of the formal meeting and is an opportunity for the public to address the meeting on matters that fall into the delegated terms of reference. The LGNZ template allows for a period of up to 30 minutes or longer if agreed by the Chair.	The following discretionary options allow the Chair to extend a speaker’s time at their discretion. Option 1: Retain the status quo of the previous Council Standing Order with the public forum restricted to 15 minutes with each speaker having a 5 min speaking time including question time. This is the recommended option and has been included in the draft Standing Orders. Option 2: Extend the public forum time to 30 minutes allowing each speaker having a 5 min speaking time including question time.
8. Speaking to and moving motions (SOs 22.2, 22.3 and 22.4) Draft Standing Orders offer 3 options for speaking to and moving motions and amendments.	Option A: The most formal of the three as it limits the number of times a member can speak and move amendments. Option B: Less formal. While limiting the ability of movers and seconders of motions to move amendments, this option allows any other member, regardless of whether they have spoken to the motion or substantive motion, to move or second an amendment. This was the option identified in the previous Council’s Standing Orders. Option C: This is the least formal. It gives members more flexibility by removing the limitations on movers and seconders speaking which exists in the other two options. This is how the previous Regional Council operated in practice and supported greater flexibility for dialogue and debate; and was the recommended option that was adopted by Regional Council this triennium. Feedback from the Iwi representatives’ hui on 19 January 2023 supported Option B. Clarification was requested regarding the method for moving and seconding a motion, which additional wording has been included in the draft Standing Orders under SO 23.1.

Standing Order / Matter

Options, Feedback and Response

1. Document format

Regional Council Standing Orders have incorporated bi-lingual headings for main chapter headings with English heading first followed by a te Reo Māori heading translation.

This format has been incorporated into the draft Standing Orders as a model standard.

Feedback from an Iwi representatives’ hui on 19 January 2023 supported this format to be used in the draft Standing Orders.

2. Language (SO 4.3)

If a member intends to address the meeting in te reo Māori or NZ Sign Language when the normal business of the meeting is conducted in English (or vice versa), they must give prior notice to the Chairperson, not less than two working days before the meeting.

Feedback from an Iwi representatives’ hui on 19 January 2023 supported an amendment to remove the requirement for members to give two working days prior notice, if an informal summary of the member’s korero is provided (apart from kōrero which is tapu e.g. karakia, tauparapara).

The above amendment has been included in the draft Standing Orders for consideration.

Note: This provision is used in the Rangitaiki River Forum’s Standing Orders.

3. Webcasting meetings (Live Streaming) (SO 4.4)

Webcast meetings should be provided in accordance with protocols contained in Standing Order Appendix 7.

Comment:

Regional Council adopted the practice of livestreaming their Council and core committee meetings to their YouTube channel with a link available on their website for audio/visual recording of their public meetings. Where there is stable internet access and appropriate technology available at the venue, Council can offer this service to the Strategy Group.

Other co-governance committees have chosen not to webcast their meetings, but some record the meeting to be uploaded on Council’s website by the following day of the meeting.

The advantages and disadvantages for webcasting meetings is attached to this report (Attachment 3).

Options are to:

a. Include the provision of webcasting meetings that are open to the public.

b. Include the provision of webcasting meetings which is only to occur by agreement of the Strategy Group.

c. Include the provision of webcasting meetings which is only to occur by agreement of the Chair.

d. No meetings are to be webcast and no provision made in the Standing Orders.

Staff recommend Option B to provide for webcasting if in future the Strategy Group chooses to do so. This option has been included in the draft Standing Orders for consideration.

Note: Option B is used in the Rangitaiki River Forum’s Standing Orders.

Feedback from the Iwi representatives’ hui on 19 January 2023 disagreed to webcasting meetings, but supported making provision for Strategy Group members to attend meetings by audio or audiovisual link which is provided for under SO 13.7.

4. New provision: Meeting Procedures (SO 10) – Tikanga

Consideration of additional tikanga that members may wish to include in Standing Orders as part of the Strategy Group’s meeting protocols.

This may include how members wish to engage and contribute.

Feedback from the Iwi representatives’ hui on 19 January 2023 supported the following new provision to be added.

“The Strategy Group recognises that the business of the Strategy Group will be conducted in a way as to incorporate both Tikanga and Standing Orders as appropriate.

Where a meeting of the Strategy Group is held on a marae, marae protocol takes precedence, and all members are to abide by such marae protocols.”

5. Meeting Procedures – Opening and Closing (SO 11)

The Strategy Group may, at the start of a meeting, choose to recognise the civic or cultural importance of the occasion through some form of reflection. This could be an expression of community values, a reminder of the contribution of members who have gone before, or a formal welcome such as a mihi whakatau.

Options for opening a meeting could include a karakia timatanga, Mihi whakatau, or powhiri as well as a karakia whakamutunga to close a meeting.

The above is identified in the LGNZ template and has been incorporated into the draft Standing Orders as a model standard.

Feedback from the Iwi representatives’ hui on 19 January 2023 supported this provision.

6. Chairperson may vacate the Chair (SO 14.3)

This option is not identified in the LGNZ template but could be included. Including this SO makes it explicit that vacating the chair means the Chair can still be present and participate in the meeting as a member.

This enables a deputy chair to chair a meeting on occasion even when the Chair is in the room.

Feedback from the Iwi representatives’ hui on 19 January 2023 supported including this provision.

The provision has been included in the draft Standing Orders for consideration.

7. Public Forum - Time Limits (SO 15.1)

The public forum is not part of the formal meeting and is an opportunity for the public to address the meeting on matters that fall into the delegated terms of reference.

The LGNZ template allows for a period of up to 30 minutes or longer if agreed by the Chair.

The following discretionary options allow the Chair to extend a speaker’s time at their discretion.

Option 1:

Retain the status quo of the previous Council Standing Order with the public forum restricted to 15 minutes with each speaker having a 5 min speaking time including question time.

This is the recommended option and has been included in the draft Standing Orders.

Option 2:

Extend the public forum time to 30 minutes allowing each speaker having a 5 min speaking time including question time.

8. Speaking to and moving motions (SOs 22.2, 22.3 and 22.4)

Draft Standing Orders offer 3 options for speaking to and moving motions and amendments.

Option A:

The most formal of the three as it limits the number of times a member can speak and move amendments.

Option B:

Less formal. While limiting the ability of movers and seconders of motions to move amendments, this option allows any other member, regardless of whether they have spoken to the motion or substantive motion, to move or second an amendment. This was the option identified in the previous Council’s Standing Orders.

Option C:

This is the least formal. It gives members more flexibility by removing the limitations on movers and seconders speaking which exists in the other two options.

This is how the previous Regional Council operated in practice and supported greater flexibility for dialogue and debate; and was the recommended option that was adopted by Regional Council this triennium.

Feedback from the Iwi representatives’ hui on 19 January 2023 supported Option B.

Clarification was requested regarding the method for moving and seconding a motion, which additional wording has been included in the draft Standing Orders under SO 23.1.

4. Terms of Reference

In addition to Standing Orders, a draft Terms of Reference (refer Attachment 1) is provided for the Strategy Group to adopt and describes the purpose, structure and scope of the Strategy Group that are defined by the establishment provisions set out in the Act.

4.1 Preliminary Feedback Received

At the Strategy Group’s Whakawhanaungatanga hui held on 6 December 2022, an opportunity was requested by members to provide early feedback on a draft Terms of Reference (TOR). It is noted that an informal Iwi representative’s hui was held on 19 January 2023 where some feedback was collected and provided.

The following outlines the feedback that was received and subsequent response and action taken for the Strategy Group’s consideration:

Subject Matter/Feedback

Response and/or Action taken

9. Meeting Frequency

At the Strategy Group’s Whakawhanaungatanga hui on 6 December 2022, members discussed preferences for the frequency of the Strategy Group meetings. In consideration of members’ busy schedules, a quarterly meeting cycle was proposed and supported.

The draft TOR (Attachment 1) identifies a quarterly meeting cycle and aligns with what was supported by members.

If needed, Standing Orders include the provision for additional meetings or changes to the meeting schedule to be made as necessary.

10. Proposed Vision Statement

An Iwi representative’s hui was held on 19 January 2023 where desire was expressed for a Vision Statement to be included in the TOR that incorporates a collective view on Te Mauri/Mana o te Wai o Tarawera Awa ki te Awa o Te Atua. Iwi reps propose to lead the development of a Vision Statement on behalf of the Strategy Group and will elaborate on this at the meeting.

To support discussion at the meeting, an additional recommendation is included in this report for the Strategy Group to consider and agree to a draft Vision Statement being developed and brought back for adoption at a subsequent meeting.

5. Schedule of Meetings for 2023

Members are asked to confirm the Strategy Group’s schedule of meetings for 2023. Meetings have been scheduled on a quarterly basis in align with what was discussed and agreed at the Strategy Group’s Whakawhanaungatanga hui on 6 December 2022.

Dates for the meetings have been scheduled as follows:

· Tuesday, 28 February 2023

· Tuesday, 23 May 2023

· Tuesday 29 August 2023

· Tuesday 7 November 2023 (Rescheduled)

Provision is included within Standing Orders for additional meetings or changes to be made to the meeting schedule as necessary.

Meeting venues for the remainder of meetings in 2023 will be raised for discussion at the meeting.

6. Ngā Whakaarohanga
Considerations

6.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

It is important that the Strategy Group ensure their Standing Orders are up to date to meet their legislative obligations and responsibilities and that the conduct at meetings reflect respectful and orderly conduct.

6.2 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.

6.3 Ngā Pānga ki te Māori
Implications for Māori

Where possible Standing Orders should be used in a way that enables and encourages Māori to participate in more informal debate and promote dialogue.

6.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required as the recommended decision relates to internal Strategy Group matters only.

6.5 Ngā Pānga ā-Pūtea
Financial Implications

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

7. Ngā Mahi Whai Ake
Next Steps

Once the Strategy Group has provided direction on the preferred options for the various discretionary Standing Orders and has resolved to adopt the draft Standing Orders, these will be finalised, distributed to appointed members and published on the Council’s website.

The adopted Terms of Reference will be included at the front of Strategy Group Agendas and published on Council’s website for information and reference.

Tuhinga Tautoko
Attachments

Attachment 1 - Tarawera Awa Restoration Strategy Group - DRAFT Terms of Reference ⇩

Attachment 2 - Tarawera Awa Restoration Strategy Group - DRAFT Standing Orders ⇩

Attachment 3 - Webcasting Advantages and Disadvantages ⇩



Pūrongo Ki: Report To:	Tarawera Awa Restoration Strategy Group
Rā Hui: Meeting Date:	28 February 2023
Kaituhi Pūrongo: Report Writer:	Nassah Rolleston-Steed, Principal Advisor, Policy & Planning
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	Provide a preliminary overview of the Ngāti Rangitihi Claims Settlement Act 2022 requirements in relation to the preparation and influence of the Tarawera Awa Restoration Strategy Document

Tarawera Awa Restoration Strategy Document

Whakarāpopototanga
Executive Summary

The purpose of the Tarawera Awa Restoration Strategy Group (the Group) is to support, co-ordinate and promote the integrated restoration of the mauri of the Tarawera River Catchment. One of the mechanisms for achieving this purpose is via the development of a catchment restoration strategy entitled the Tarawera Awa Restoration Strategy Document.

It is anticipated the preparation of this Strategy Document will be a key first priority for the Group. It must contain a common vision, objectives and desired outcomes for the awa. Once approved, Regional and District Council members will ensure any changes to their regional policy statement and regional or district plans will recognise and provide for the common vision, objectives and desired outcomes.

Procuring a dedicated planning resource and appointing a technical advisory group are suggested as a good starting point for getting the Strategy Document process underway.

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1 Receives the report, Tarawera Awa Restoration Strategy Document.

1. He Whakamārama
Background

The Ngāti Rangitihi settlement legislation (the Act) was enacted on 15 March 2022. The Act provides for the establishment of the Tarawera Restoration Strategy Group (the ‘Group’), as a co-governance entity over the Tarawera River catchment.

The Group’s purpose is to support, co-ordinate and promote the integrated restoration of the mauri of the Tarawera River Catchment. One of the Groups primary tasks is to develop a Tarawera Awa Restoration Strategy Document.

It is anticipated the Strategy Document preparation will be the first priority for the Group. It must contain a common vision, objectives, and desired outcomes for the catchment. Once approved, Regional Council and the relevant District Councils must ensure any changes to their regional policy statement and regional or district plans recognise and provide for the Strategy Document’s vision, objectives and desired outcomes.

Similar Treaty Settlement Claims enacted Co-Governance entities exist for the Rangitāiki and Kaituna River catchments and have resulted in changes to the Bay of Plenty Regional Policy Statement (RPS). Change 3 (Rangitāiki River) to the RPS implemented the statutory requirements of the Ngāti Manawa and Ngāti Whare Claims Settlement Acts 2012. Change 3 was made operative on 9 October 2018.

Proposed Change 5 (Kaituna River) to the RPS seeks to implement the legislative requirements of the Tapuika Treaty Claims Settlement Act 2014. Proposed Change 5 was publicly notified in June 2021 and hearings were held in October 2022. Because Proposed Change 5 has a strong focus on water quality it is following the Freshwater Planning Process. The Freshwater Hearing Panel’s recommendations on submissions are expected in February 2023.

2. Tarawera Awa Restoration Strategy Document

2.1 Legislative Framework

Section 135 of the Ngāti Rangitihi Claims Settlement Act 2022 states the Group must prepare and approve a Tarawera Awa Restoration Strategy Document.

2.1.1 Strategy Document Purpose

The purposes of the Strategy Document are:

(a) to outline a common vision, objectives, and desired outcomes for the catchment; and

(b) to identify the areas of the catchment that need particular attention in order to meet the common vision, objectives, and desired outcomes for the catchment; and

(c) to develop a way to measure how the common vision, objectives, and desired outcomes for the catchment are being achieved; and

(d) to identify stakeholder activities that take place in or on the catchment and affect the mauri of the catchment; and

(e) to identify how the activities referred to in paragraph (d) can be aligned to achieve the common vision, objectives, and desired outcomes for the catchment; and

(f) to provide a framework to assist central government agencies and local government to identify how decisions or activities affecting the catchment align, or could be aligned, with the common vision, objectives, and desired outcomes for the catchment; and

(g) to explain to stakeholders how decisions made in relation to the catchment, or activities in or on the catchment, are compatible with the common vision, objectives, and desired outcomes for the catchment.

2.1.2 Effect on Resource Management Act 1991 Planning Documents

Under Section 137 of the Ngāti Rangitihi Claims Settlement Act 2022 Toi Moana is required to ‘recognise and provide for’ the common vision, objectives and desired outcomes in the Strategy Document.

This requirement applies whenever Toi Moana is preparing, approving, varying or changing the Bay of Plenty Regional Policy Statement or any regional plans. This requirement must be met each time Toi Moana proposes changes to its RPS or regional plans which have direct application within the Tarawera catchment.

Until this occurs, when considering resource consents to authorise activities within the Tarawera Awa catchment Toi Moana must have particular regard to the Strategy Document.

The requirement to ‘recognise and provide for’ is a stronger legislative directive than to ‘have particular regard to’ the Strategy Document. The Tapuika, Ngāti Manawa and Ngāti Whare Treaty Settlement Acts 2012 included the same requirement.

It should be noted that under subsection (4) these obligations apply only to the extent that –

(a) the common vision, objectives, and desired outcomes contained in the Strategy Document relate to the resource management issues of the region or district; and

(b) recognising and providing for the common vision, objectives, and desired outcomes contained in the Strategy Document under subsection (1) is consistent with the purpose of the Resource Management Act 1991; and

(c) having particular regard to the Strategy Document under subsection (3) is consistent with the purpose of the Resource Management Act 1991.

Any RPS or regional plan change to recognise and provide for the Strategy Document’s common vision, objectives and desired outcomes must go through a formal Schedule 1 Freshwater Planning Process. This is the same process which Proposed Change 5 (Kaituna River) to the RPS is currently following and is based on the premise that the Strategy Document will have a strong emphasis on freshwater quality.

2.1.3 Consultation Requirements

In carrying out its functions and responsibilities the Group must act in an open and inclusive manner for iwi who have interests in the Tarawera Awa catchment but are not formally represented in the Group. General consultation principles should also apply to other interested stakeholder organisations, landowners or interested parties.

Section 140 of the Ngāti Rangitihi Claims Settlement Act 2022 sets out consultation requirements the Group must abide by in preparing the Strategy Document. These include publicly notifying the intention to prepare the Strategy Document within 12 months of formally commencing its preparation and providing interested persons and/or stakeholder organisations opportunity to make submissions for a minimum of 20 working days.

Following receipt of submissions, consider them and make decisions on the matters raised therein. The Group’s decision must be at a level of detail the specifies how the matter raised in submissions have been addressed.

2.1.4 Project Management Lead

A project of this nature requires sound project management and leadership. Given the Group’s primary task is the development of the Strategy Document it would make sense for the Group to consider appointing a dedicated planning resource to lead the project.

2.1.5 Technical Advisory Groups

Section 134 of the Ngāti Rangitihi Claims Settlement Act gives the Group the discretion to set up one or more technical advisory groups, to provide technical support to assist achieving the Group’s purpose and restoration activities within the catchment. The benefit of establishing a Technical Advisory Group (TAG) is to provide support and assistance to the project lead, with preparing the Strategy Document. The Group must fund any Technical Advisory Group established and the membership of this TAG will need to be considered carefully.

3. Statutory Acknowledgements

Nga Whakaaetanga-a-Ture ki Te Taiao a Toi (Statutory Acknowledgements in the Bay of Plenty) is a document that contains statutory acknowledgements from Treaty of Waitangi settlement legislation negotiated between the Crown and iwi in the Bay of Plenty region. It is a compendium document to be read with the Bay of Plenty Regional Policy Statement and regional plans, and any variation or change notified by the Bay of Plenty Regional Council.

On 28 April 2022 the Compendium was updated to include the 10 statutory acknowledgement areas negotiated as part of the Ngāti Rangitihi Claims Settlement Act 2022. The statutory acknowledgement include areas from along the coast and include the Ohinekoao Recreation Reserve and Ohinekoao Scenic Reserve, span the entire length of the Tarawera River, and stretch as far inland as the Lake Rerewhakaaitu Recreation Reserve and the Rerewhakaaitu Conservation Area.

A statutory acknowledgement is an acknowledgement by the Crown of the special cultural, spiritual, historical and traditional association or relationship an iwi has with identified areas or features. Statutory acknowledgements typically include areas of land including geographic (including geothermal) features, significant natural areas, lakes, rivers, wetlands the coastal marine area and their margins. Statutory acknowledgements are only made over Crown land.

The statutory acknowledgments include a requirement for Councils to forward summaries of resource consent applications to the post Treaty settlement entity if the activities lie within, adjacent to, or impact directly on the identified statutory areas.

Further iwi have the ability to quote the statutory acknowledgement as evidence of their association with a statutory area in consent decision-making processes.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

The project is in its early inception stage. The Group must commence the preparation of a draft Strategy Document no later than 3 years after the settlement date: by 19 May 2025 at the latest. This will require much of the Group’s initial focus. Members have the benefit of learnings from the development of previous Treaty Settlement propelled river documents, for the Rangitāiki and Kaituna Rivers.

Project leadership and resourcing for the Strategy Document is a moderate risk identified at this early inception stage. A dedicated planning resource to lead project management is considered necessary to get the Strategy Document project underway. A formalised project management approach, and stakeholder communications and engagement strategy is necessary for any project spanning a large catchment area. Provided this is dealt with swiftly it is considered there are no significant risks associated with preparing the Strategy Document.

Other potential risks associated with the development of the Strategy Document are capable of being managed and mitigated through a structure project management approach. These include typical risks associated with such projects like project scope creep, unrealistic stakeholder/landowner expectations, resource management reform, local government reform, legal obligation and interruptions from further pandemics.

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. Existing RPS climate change provisions will continue to guide relevant decision-making processes. These are RPS Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’.

4.3 Ngā Pānga ki te Māori
Implications for Māori

The process of developing the Strategy Document marks a significant milestone in the realisation of long-standing aspirations for Ngāti Rangitihi iwi. The purpose and effect of the Strategy Document is enshrined in the Ngāti Rangitihi Claims Settlement Act 2022. Once developed the common vision, objectives and desired outcomes of the Strategy Document must be recognised and provided for when preparing, approving, varying or changing relevant regional policy statement or plan or any relevant district plans.

The Strategy Document has significant implications for Ngāti Rangitihi iwi in particular as it gives effect to their treaty settlement legislation and strategic cultural aspirations. It will also have cultural significance to other iwi members namely Ngāti Tūwharetoa, Ngāti Awa and Ngāti Makino. The Tarawera Awa is considered a tupuna and is revered as a living entity. Statutory acknowledgements exist ki uta ki tai within the Tarawera Awa catchment that recognise the mana of and particularly the cultural, spiritual, historical and traditional associations Ngāti Rangitihi, Ngāti Tūwharetoa and Ngāti Awa have with these specified areas. There are also numerous sites of significance to Māori within and adjacent to the awa and its tributaries, many of which are described in iwi and hapū management plans and the aforementioned statutory acknowledgements.

4.4 Ngā Pānga ā-Pūtea
Financial Implications

The Crown has provided $788,000 to Toi Moana towards administrating the new Strategy Group and preparing and approving the Strategy Document. This funding has been received by Toi Moana. Additional funding is also available for changes to the Bay of Plenty Regional Policy Statement ($188,000) and the Regional Natural Resources Plan ($204,000) in the event out of cycle bespoke policy and plan changes are required.

Crown funding commitments don’t extend to implementation costs associated with any non-regulatory implementation/action plans or the formal implementation of regulatory policy and plan change provisions.

An immediate financial consideration required is the procurement of a dedicated planning resource to project manage and facilitate development of the Strategy Document. The recruitment process should be made a high priority if members seek to get the Strategy Document process underway in 2023.

5. Ngā Mahi Whai Ake
Next Steps

Subject to the Group’s approval and any specific direction staff propose progressing procurement for a dedicated planning resource to project manage and lead development of the Strategy Document.

The recruitment process should be an immediate priority as a dedicated project manager/planning resource is required to enable the Strategy Document project to get underway. It is estimated this process will take 3-4 months and is dependent on whether an appropriate candidate is able to be sourced through the procurement process.

Subject to being able to secure an appropriate project manager/planning resource, the next logical steps will be to establish a project management framework and commence development of the draft Strategy Document, in collaboration with a technical advisory group.



Pūrongo Ki: Report To:	Tarawera Awa Restoration Strategy Group
Rā Hui: Meeting Date:	28 February 2023
Kaituhi Pūrongo: Report Writer:	Nicola Green, Principal Advisor, Policy & Planning and Stephen Lamb, Environmental Strategy Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To introduce the Council’s work programme to implement the National Policy Statement for Freshwater Management and how it interfaces with the Tarawera Awa Restoration Strategy.

Freshwater Policy Programme Interface with Tarawera Awa Restoration Group

Whakarāpopototanga
Executive Summary

The National Policy Statement for Freshwater Management (NPSFM) requires changes to the Regional Policy Statement and Regional Natural Resources Plan. The deadline of December 2024 is set down in the RMA.

The NPSFM process has many similarities with those of Tarawera Awa Restoration Strategy Document.

Ideally, the Strategy Document would be delivered ahead of the NPSFM implementation process and would be recognised and provided for through that process. The challenge is how both processes can be aligned to ensure the best outcome for the Tarawera awa.

There are opportunities for the Tarawera Awa Restoration Group and/or member organisations to be involved in upcoming tangata whenua and public engagement. Council would welcome any opportunities to work together on this.

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1 Receives the report, Freshwater Policy Programme interface with Tarawera Awa Restoration Group.

1. He Whakamārama
Background

The Essential Freshwater Policy Programme (EFPP) is Council’s work programme to implement the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFM), primarily via changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) - the regional rule book for managing activities that may have adverse effects on the environment. The programme is being delivered under tight timeframes to meet a deadline of December 2024 that is set down in the RMA.

The NPSFM implementation process and content has many similarities with those of Tarawera Awa Restoration Strategy Document, although there are also many more detailed requirements upon the Council, under the NPSFM. The processes and similarities are outlined in this report, along with a progress update and opportunities for involvement.

As the Tarawera Awa Restoration Strategy Group (the Group) begins to consider when and how to deliver the Tarawera Awa Restoration Strategy Document (the Strategy Document), staff encourage the Group to consider how to participate in and advise in to the NPSFM process, to ensure as much alignment as possible and avoid duplication. Some options are provided in this report.

2. Tarawera Awa Restoration Strategy Document and NPSFM Implementation

The NPSFM Part 2 sets out an objective and 13 policies for freshwater management in New Zealand. Part 3 then directs regional councils in particular about how Part 2 is to be implemented, including setting out a National Objectives Framework. That framework has several similarities to the steps and content for the Strategy Document as outlined in Table 1.

This highlights the issue that both processes are looking at the same things but on different timelines. This risks duplication and potential confusion between the two processes. It will be important that the mana of the Strategy Document and the Group’s process to develop it are respected.

Table 1: Comparison of similarities between the Tarawera Awa Restoration Strategy purpose and requirements in the National Policy Statement for Freshwater Management 2020.

Tarawera Awa Restoration Strategy Document steps/content	National Policy Statement for Freshwater Management 2020 (amended 2022) steps
Outline a common vision, objectives, and desired outcomes for the catchment; and	Develop long-term visions for freshwater for each Freshwater Management Unit (FMU) or part of an FMU, reflecting Te Mana o te Wai and what tangata whenua and communities want for freshwater, and include those as objectives in its RPS. Identify compulsory national values (including mahinga kai values), Māori freshwater values and other freshwater values for each FMU. Set environmental outcomes for each value and include them as objectives in regional plans
Identify the areas of the catchment that need particular attention in order to meet the common vision, objectives, and desired outcomes for the catchment; and	set limits as rules and prepare action plans (as appropriate) to achieve environmental outcomes
Develop a way to measure how the common vision, objectives, and desired outcomes for the catchment are being achieved;	set target attribute states, environmental flows and levels, nutrient outcomes and other criteria to support the achievement of environmental outcomes
Identify stakeholder activities that take place in or on the catchment and affect the mauri of the catchment
Identify how the stakeholder activities can be aligned to achieve the common vision, objectives, and desired outcomes for the catchment	Set limits as rules and prepare action plans (as appropriate) to achieve environmental outcomes
Provide a framework to assist central government agencies and local government to identify how decisions or activities affecting the catchment align, or could be aligned, with the common vision, objectives, and desired outcomes for the catchment	Must give effect to Te Mana o te Wai, which includes a hierarchy of obligations and principles. Enable the application of a diversity of systems of values and knowledge, such as mātauranga Māori, to the management of freshwater Must actively involve tangata whenua (to the extent they wish to be involved) in freshwater management (including decision-making processes), including in all the following: (a) identifying the local approach to giving effect to Te Mana o te Wai (b) making or changing regional policy statements and regional and district plans so far as they relate to freshwater management (c) implementing the NOF (d) developing and implementing mātauranga Māori and other monitoring.
Explain to stakeholders how decisions made in relation to the catchment, or activities in or on the catchment, are compatible with the common vision, objectives, and desired outcomes for the catchment.	At each step of the Council must engage with communities and tangata whenua. S.32 reports are notified with the proposed RPS and RNRP changes, which set out appropriateness, effectiveness and efficiency (including costs and benefits) of limits, rules and action plans. Formal public submission and hearing process follows notification of the proposed changes to the RPS and RNRP
The Group must commence the preparation of a draft Strategy Document no later than 3 years after the settlement date: by 19 May 2025 at the latest.	RMA requires Council to notify proposed plan changes that implement the NPSFM by 31 December 2024 Public engagement on draft options needs to occur in 2023, in time to inform decision making by Councillors in 2024

3. NPSFM Implementation progress to date

Council staff have developed working draft material (not yet adopted as Council positions and not yet for public circulation) as follows:

· Identified 13 draft FMUs, including Tarawera River FMU, which has boundaries aligned with those of the Tarawera Awa Restoration Group.

· An “ambitious, but reasonable” long term vision for freshwater in Tarawera catchment based on information available to date (from iwi planning documents, published plans and strategies, initial online engagement).

· Values and environmental outcomes for key freshwater values in the Tarawera catchment.

· Summary of water quality and ecosystem health state, trends using national and regional water quality and aquatic life attributes, and estimated sources/causes of key contaminants.

· Potential measurable water quality and ecosystem health attribute targets for Ecosystem Health and Human Contact.

· Management options to address water quality issues are being explored and assessed. These could ultimately be applied through new policy, rules, freshwater farm plans or other actions.

· Water quantity minimum flow and take limit options and implications.

· Starting work on estimating what different options might achieve, and to put them through the RMA tests (appropriateness, effectiveness, efficiency (including costs and benefits).

· Developing a simpler “story” for each FMU, to publish by the end of March. This will be a communications document for public engagement.

· Progressing tangata whenua engagement (see section below relating to Implications for Māori)

· Planning for Community Engagement April to September.

The Group is invited to advise as to how they would like to be involved in this work.

4. Aligning the Strategy Document and NPSFM process

The timing of the NPSFM implementation process creates both challenges and opportunities for development of the Strategy Document, depending on how and when the Group determines it should be progressed. The legislated timeframes within the NPSFM (that the Council cannot move) will potentially cut across those determined by the Group as the best process to develop the Strategy.

The Group may wish to consider whether a faster Strategy development process is possible and appropriate, or whether the Strategy development process should take its own course leaving alignment to future planning processes.

The challenge is how both processes can be aligned or sequenced to deliver the best outcome for the Tarawera awa via a Strategy Document and via the new regional plan policy and rules.

In the case that the Strategy process follows the NPSFM process it would be important for the Group and tangata whenua to be involved in the NPSFM implementation process, particularly on those parts that overlap with matters that would be covered by the Strategy Document. As part of this there may be the opportunity to explicitly acknowledge a future Strategy Document in the drafting of the regional plan “policy and rule book”.

5. Ngā Whakaarohanga
Considerations

5.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Ideally, the Strategy Document would be delivered ahead of the NPSFM implementation process and would be recognised and provided for through that process. The legislated deadline for the NPSFM process is not conducive to achieving this. The risks associated with each option are outlined in Table 2. There is also a high risk of public and tangata whenua confusion about the two overlapping or duplicating processes. Public communications will need to explain and build understanding.

5.2 Huringa Āhuarangi
Climate Change

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

5.3 Ngā Pānga ki te Māori
Implications for Māori

The NPSFM clearly sets increased expectation of active tangata whenua involvement in freshwater management, and provision for cultural values and mātauranga Māori. Council staff continue to invite and support iwi and hapū involvement to the extent they want to be involved or have capacity to be involved. Staff are maintaining a good faith approach, while also working to progress NPSFM implementation according to legislated deadlines. Current tangata whenua engagement activities include:

· Ahead of public engagement events from April to September, three sub-regional hui a iwi will be held in April. Invitations will be sent to iwi/hapū contact lists. Three more will be held in August.

· The engagement plan includes each FMU having at least one event at a kaupapa Māori related venue such as a kura, marae, trust board office. Suggestions for venues are welcomed.

· Council Relationship Managers and iwi/hapū contact lists are being used to distribute communications and material. All communications contain invitations to contact Council to get involved in the freshwater work of Council.

· Work continues on establishing and supporting Kaupapa Māori projects requested by various iwi and hapū, e.g., supporting development of freshwater related iwi planning documents.

The development of the Strategy Document will also need to involve tangata whenua.

5.4 Whakawhitiwhiti ā-Hapori
Community Engagement

CONSULT

Whakauiuia

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

Public engagement on the issues and options will occur across the region from April through to September 2023. Dates for public engagement events in Tarawera Awa catchment are tentatively: 28 April, 30 May and 26 July.

5.5 Ngā Pānga ā-Pūtea
Financial Implications

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

6. Ngā Mahi Whai Ake
Next Steps

Staff will continue to provide the Group with updates and to share draft information about the Tarawera River Freshwater Management Unit.

The Group is encouraged to consider this report and advise as to how they would like to be involved in the NPSFM implementation work.

Explain to stakeholders how decisions made in relation to the catchment, or activities in or on the catchment, are compatible with the common vision, objectives, and desired outcomes for the catchment.