Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority

Membership

Chairperson	Dean Flavell (Tapuika Authority Trust)
Deputy Chairperson	To be elected at the first meeting of the triennium
Iwi Members One representative each appointed by: Tapuika Iwi Authority Trust Te Tāhuhu o Tawakeheimoa Trust Te Pumautanga o Te Arawa Trust One member jointly appointed by: Tapuika Iwi Authority Trust and Te Kapu o Waitaha	Geoff Rice (Alternate) Nicki Douglas Erin Thompson (Alternate) Piki Thomas Rawiri Kingi (Alternate) Vacant
Council Members One representative each appointed by: Bay of Plenty Regional Council Rotorua Lakes Council Western Bay of Plenty District Council Tauranga City Council	Cr Matemoana McDonald Cr Te Taru White (Alternate) Mr Nick Chater (Lakes Community Board) Cr Lani Kereopa (Alternate) Cr Andy Wichers Cr Grant Dally (Alternate) Commissioner Shadrach Rolleston Commissioner Bill Wasley (Alternate)
Informal Members Two informal members with voting rights appointed by: Te Komiti Nui o Ngāti Whakaue Bay of Plenty Regional Council	Maru Tapsell Karena Bird (Alternate) Cr Jane Nees
Quorum	The Chairperson or Deputy Chairperson and two members appointed by iwi and two members appointed by the local authority appointing organisations
Meeting frequency	Quarterly

Purpose

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

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

Role

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

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

· To support integrated and collaborative management of the river.

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

§ to monitor the state of the river environment

§ to monitor the effectiveness of the management of the river

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

· To provide advice and recommendations to local authorities:

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

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

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

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

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

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

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

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

Decision Making

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

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

Power to Act

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

Power to Recommend

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

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

Te Maru o Kaituna River Authority Minutes

19 August 2022

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 19 August 2022, 9.30 am

Venue: Council Chambers, Ground Floor, Regional House, 1 Elizabeth Street, Tauranga, and via Zoom

Heamana

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

Ngā Kopounga

Members: Bay of Plenty Regional Council

Cr Jane Nees (Alternate)

Tapuika Iwi Authority

Dean Flavell

Te Tahuhu o Tawakeheimoa Trust

Erin Thompson (Alternate) (via Zoom)

Rotorua Lakes Council

Nick Chater (Lakes Community Board)

Western Bay of Plenty District Council

Cr Grant Dally

Deputy Mayor John Scrimgeour

Tauranga City Council

Commissioner Bill Wasley (Alternate)

Te Hunga i Tae Ake

In Attendance: Te Kapu o Waitaha: Mokoera Te Amo

Co-governance Secretariat: Jane Waldon

Bay of Plenty Regional Council: Pim de Monchy – Coastal Catchments Manager; Jo Watts – Senior Planner (Water Policy); Gemma Moleta - Senior Planner (Water Policy); Jenny Teeuwen – Committee Advisor

Western Bay of Plenty District Council: Matthew Leighton; Corey Stevens

Tauranga City Council: Brad Bellamy - Project Leader: Urban Planning; Richard Conning - Senior Project Manager: Waters

External: Adria Green – Grahn Creative; Christo Rautenbach, Niketi Toataua, Paula Blackett, Paula Holland and Connon Andrews – NIWA

Ngā Hōnea

Apologies: Commissioner Shadrach Rolleston (Tauranga City Council), Cr Tania Tapsell (Rotorua Lakes Council), Cr Te Taru White (Bay of Plenty Regional Council), Piki Thomas and Rawiri Kingi (Te Pumautanga o Te Arawa), Geoff Rice (Tapuika Iwi Authority), Nicki Douglas (Te Tahuhu o Tawakeheimoa Trust) and Maru Tapsell and Karena Bird (Te Komiti Nui o Ngāti Whakaue) for absence; Cr Jane Nees (Bay of Plenty Regional Council) and Erin Thompson (Te Tahuhu o Tawakeheimoa Trust) for early departure.

1. Chair’s Opening Statement

In order for a quorum to be present at the beginning of the meeting, Cr Matemoana McDonald, Deputy Chair, assumed the Chair to enable Dean Flavell, Chair, to act as the Tapuika Iwi Authority representative.

Chair McDonald formally opened the hui and advised that the hui was being recorded and that the recording would be uploaded to the Bay of Plenty Regional Council website and could be accessed via this link: (156) Te Maru o Kaituna - Zoom Video Recording - 19 August 2022 - YouTube

Chair McDonald also advised that a number of members were unable to be present at the meeting due to the passing of Sir Toby Curtis and that the meeting would not have a quorum past 12pm. She requested that those present be mindful of timings and advised that if necessary, the order of business may be amended to ensure that report recommendations could be resolved with a quorum present.

2. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dean Flavell.

3. Ngā Hōnea
Apologies

Resolved

That the Te Maru o Kaituna River Authority:

Accepts the apologies from Commissioner Shadrach Rolleston, Cr Tania Tapsell, Cr Te Taru White, Piki Thomas, Rawiri Kingi, Geoff Rice, Nicki Douglas, Maru Tapsell and Karena Bird for absence; and from Cr Jane Nees and Erin Thompson for early departure, tendered at the meeting.

Flavell/Wasley

CARRIED

4. Ngā Take Tōmuri
Items not on the Agenda

Notification had been received from Te Komiti Nui o Ngati Whakaue advising of a new alternate representative for Te Maru o Kaituna River Authority. This would be discussed as part of item 9.1 - Chairperson’s verbal report.

5. Raupapa o Ngā Take
Order of Business

The Chair advised that due to a quorum time limit for the meeting and to ensure report recommendations were resolved with a quorum present, the order of business may be amended if necessary.

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

None declared.

7. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

7.1

Te Maru o Kaituna River Authority Minutes - 20 May 2022

Resolved

That the Te Maru o Kaituna River Authority:

Confirms the Te Maru o Kaituna River Authority Minutes - 20 May 2022 as a true and correct record.

Flavell/Dally

CARRIED

8. Whakaaturanga
Presentations

8.1

Te Tumu Development Update

Presentation: Te Tumu Update: Objective ID A4182023

Presented by: Brad Bellamy - Project Leader: Urban Planning, Tauranga City Council (TCC)

Key Points

· Progress with the project had been slow.

· Approximately 400 hectares of the 740 hectares of land at Te Tumu could be developed, while the remaining 340 hectares would remain undeveloped to preserve the natural features and cultural history of the area.

· Natural hazards, ecological, cultural heritage, and infrastructure assessments had already been carried out, as well as archaeological investigations and transport modelling.

· A Te Tumu Tangata Whenua Working Party had been established to provide advice and guidance on the project. Meetings of the working party were paused midway through 2019 as a result of concerns being raised by landowners of the Tumu Kaituna 14 block (the Trust).

· The Trust had been undertaking an engagement programme with its landowners over the last several months seeking direction on a range of matters. TCC staff would not be undertaking any further engagement on this project until issues between the Trust and its landowners were resolved.

· TCC would welcome the opportunity to discuss any aspect of this project with tangata whenua to understand how best to re-commence engagement.

In Response to Questions

· TCC had already undertaken significant work around the impacts of sea level rise based on the Ministry for the Environment’s (MfE) 2017 guidance; however, further work would now need to be undertaken to reflect the new guidance received in the recent MfE updates.

· Copies of the draft review of significant Māori areas and the Minutes of the Te Tumu Tangata Whenua Working Party were available upon request to TCC - email Bradley.Bellamy@tauranga.govt.nz.

Key Points - Members

· TCC was supportive at a higher level in terms of work between the Trust and the landowners. Some progress in this space may be made by the end of this calendar year.

· It was suggested that a kahikatea forest be re-established along the coast on the undeveloped 340 hectares. The landowners could then claim carbon credits.

· Urban growth for Tauranga city was now sprawling out into rural areas where there was a predominance of Māori land. Councils needed to remain mindful that the first consideration for engagement was tangata whenua and those landowners.

8.2

Waiāri Water Treatment Plant Update

Presentation: Waiāri Water Supply Scheme Update: Objective ID A4180788

Presented by: Richard Conning - Senior Project Manager: Waters, TCC

Key Points

· The intake facility was largely complete and was now in the pre-commissioning stage. The water treatment plant was progressing and would move to commissioning in September/October.

· Site visits were planned for tangata whenua and the wider community in early 2023.

· The Mauri-ometer model was used to inform TCC of the effects of their water take authorised under consent on the mauri of the Waiāri Stream.

· The cultural recognition initiative included environmental monitoring by tangata whenua, education to build capacity, regeneration, access to the awa, and support for the mauri model.

· Alignment with Te Tini a Tuna included Project 4: Focus catchments project, Project 8: Kaituna habitats network project, and Project 9: Pataka kai project.

In Response to Questions

· Previous low flow levels reported by National Institute of Water and Atmospheric Research (NIWA) had not been accurate for a period of time as their flow gauging equipment had fallen out of calibration.

· Science suggested that the recent rainfall would take one to two years to become apparent in the streams due to the lag in re-charging groundwater flows after long dry periods. The Waiāri had held up reasonably well over the summer and the base flows that existed within it were well within the required levels to be able to take water from it.

· Recent floods had not caused any damage to the intake facility.

· TCC would work with Regional Council on opportunities for environmental programmes with landowners along the strip between the intake and the confluence e.g. riparian planting.

· TCC was committed to enabling site visits for tangata whenua.

· The Waiāri Kaitiaki Advisory Group (WKAG) would continue to lead the cultural recognition and connection piece of work. WGAK would look to a number of stakeholders including Regional Council, TCC and Western Bay of Plenty District Council (WBOPDC) for funding for any initiatives.

8.3

NIWA - Future Coasts Aotearoa

Presentation: Future Coasts Aotearoa - NIWA: Objective ID A4183668

Tabled Document: Future Coast Aotearoa Brochure - NIWA: Objective ID A4184836

Presented by: Christo Rautenbach and Niketi Toataua - NIWA

Key Points

· Future Coasts Aotearoa - Ministry of Business, Innovation and Employment (MBIE) Endeavour programme was about transforming coastal lowland systems threatened by sea level rise into prosperous communities.

· With future sea level rise, coastal systems would become increasingly complex – not just the physical systems but also the economic, social and cultural systems surrounding these vulnerable areas.

10.25am - Cr Nees withdrew from the meeting.

· The programme would look at how to prepare for the change; how to turn calamity into potential opportunity.

· The programme would look to increase the evidence base of sea level rise related risk as well as look at multi well-being evaluation tools. The programme would also look to address the considerable barriers and knowledge gaps that were currently highlighted in New Zealand policies.

· It was impossible for NIWA to undertake the programme alone and a number of research partners were already on board.

· The research programme had three main aims - exposure, consequences and adaptation.

· Five case study sites had been identified throughout New Zealand with the Kaituna River lowlands being one of the sites.

· Two parallel working groups would be set up. The first being an implementation working group that would have representatives across all aspects and fields of coastal and estuarine science and policy. The second working group would ensure that the tools and products being developed were useful from a Māori world view perspective.

· NIWA were looking to connect with the right people for permission and access to the Kaituna River lowlands to carry out the case study.

In Response to Questions

· The implementation working groups would provide guidance and would be checking that the programme was heading in the right direction. Inputs included perspectives, economic data, social views, and mātauranga Māori knowledge.

· Academic papers would be part of the programme output but the focus would be on the co-developed tools and products, as well as cultural protection and heritage mechanisms that would be developed and put in place.

· A Communication and Engagement Plan for the programme would be developed.

The Chair advised that due to quorum time constraints and to ensure report recommendations were resolved with a quorum present, presentations 8.4 and 8.5 would be taken informally after the formal part of the meeting had concluded.

8.6

Te Maru o Kaituna Website

Presented by: Adria Green - Grahn Creative

Key Points

· Adria had been engaged to re-instate, refresh and update the website for Te Maru o Kaituna.

· The refreshed website would follow a similar navigation style to the previous website

· Adria provided a demonstration of the new website.

9. Whakahoutanga Kōrero
Verbal Updates

9.1

Chairperson's Report - Verbal Update

Tabled Document: Letter advising new Alternate rep for Te Komiti Nui o Ngati Whakaue: Objective ID A4185753

Presented by: Chair Cr Matemoana McDonald and Dean Flavell

Key Points

· Notification had been received from Te Komiti Nui o Ngati Whakaue regarding a new alternate representative - Karena Te Awa Bird, to replace Manu Pene.

· Dean Flavell, as Chair of Te Maru o Kaituna River Authority, had been invited to present at the recent Local Government Governance Professionals Forum in July 2022 on “Moving towards Co-Governance” and what co-governance meant.

· Dean Flavell acknowledged Moana Boyd, previous Regional Council staff member, who had passed away in May. Moana had worked for a number of years for Te Maru o Kaituna River Authority on the Kaituna River document and on Te Tini a Tuna – the project status report.

Resolved

That Te Maru o Kaituna River Authority:

1. Confirms the appointment of Karena Te Awa Bird as the alternate member representative for Te Komiti Nui o Ngati Whakaue, replacing Manu Pene.

Thompson/Chater

CARRIED

10. Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

10.1

Te Maru o Kaituna River Authority Annual Report and Budget

Presented by: Pim de Monchy – Coastal Catchments Manager

Jane Waldon - Co-Governance Secretariat

Key Points

· The secretariat work programme and associated budget for 2022/2023 had been confirmed.

· The first two items of the proposed 2022/2023 budget – hearings process for Change 5 ($10,000) and hearings process for resource consents ($5,000) – were also covered by the secretariat budget. It was suggested that the $15,000 in the secretariat budget be instead used as a contestable fund for Project 18: River Restoration and Enhancement Fund. The secretariat work programme would be amended to reflect the change and would be tasked with scoping and leading the project.

Resolved

That Te Maru o Kaituna River Authority:

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

2 Adopts the attached 2021/22 Annual Report;

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

4 Adopts the Annual Budget for 2022/23 to achieve its priorities as follows, acknowledging the role of the newly engaged Secretariat and contributions from partner agencies:

Item	Budget
Involvement in hearings process for Change 5 to the Regional Policy Statement	$10,000
Involvement in hearings process for resource consents that TMoK had submitted on - such as AFFCO	$5,000
Implementation of Project 3: Consented takes and discharges	$5,000
Implementation of Project 9: Pataka Kai (noting co-funding available)	$5,000
Implementation of Project 10: Community Connection	$5,000
Implementation of Project 13: Kaituna Cultural and Historic Heritage	$5,000
TOTAL	$35,000

Wasley/Chater

CARRIED

Hei Pānui Anake
Information Only

10.2

Te Maru o Kaituna Action Plan Status Report June - August 2022

Presented by: Pim de Monchy – Coastal Catchments Manager

Key Points:

· Project 4: Focus Catchments. Engagement - an explanation was provided for the map supplied on Page 39 of the agenda as part of Project 4.

Resolved

That Te Maru o Kaituna River Authority:

1. Receives the report, Te Maru o Kaituna Action Plan Status Report June - August 2022.

Flavell/Wasley

CARRIED

10.3

Essential Freshwater Policy Programme Update

Presentation: Essential Freshwater Policy Programme Update: Objective ID A4184833

Tabled Document: Kaituna values, visions and environmental outcomes: Objective ID A4185693

Presented by: Jo Watts – Senior Planner (Water Policy)

Gemma Moleta - Senior Planner (Water Policy)

Key Points

· Draft Policy Options:

- An ePanui from Chair Dean Flavell had been sent out to Te Maru o Kaituna River Authority (TMoK) members forwarding two letters received from Toi Moana. The first letter invited tangata whenua, including TMoK, to be involved in the very early draft working policy options for region-wide freshwater related chapters of the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP).

- Kaituna specific and tangata whenua specific aspects of the draft working draft policy options were still being developed.

- A Kaituna briefing could be set up that provided a high level overview of each of the chapter reviews, what the key policy shifts were likely to be, and options to address them.

· RPS Proposed Change 5 (Kaituna River) update:

- The second attachment to Chair Dean Flavell’s ePanui included detail about the RPS Proposed Change 5 Hearings set to commence on 11 October 2022.

- If TMoK wished to lodge written evidence to further their submission, this would have to be lodged by 13 September.

- Toi Moana staff recommendations would be available on Regional Council’s website on 23 August.

· Freshwater visions, outcomes and targets:

- A handout was tabled that included the draft vision, an alternative simpler vision, values and environmental outcomes. The alternative draft vision was based on the Kaituna River document with additions to acknowledge the use values of freshwater. One approach was to highlight some of the biggest challenges and goals for the Kaituna Freshwater Management Unit (FMU) as environmental outcomes.

- A timeframe to achieve the vision had not yet been set.

- Online engagement feedback for the Kaituna – nine contributions had been received. The majority of Kaituna specific responses sought achievement of goals within the next 10 to 30 years.

In Response to Questions

· The Kaituna River was defined as including all the tributaries – the whole of the river system from the Okere gates down.

· The bulk of the nitrogen and other contaminant loads came in downstream from the Maungarangi Road bridge, and particularly around the Auckland Farmers Freezing Company (AFFCO) area.

· Regional Council’s technical review in relation to the AFFCO resource consent applications to discharge to the Kaituna River and to groundwater could be accessed at the following link:

https://www.boprc.govt.nz/environment/resource-consents/submissions-and-hearings.

Key Points - Members

· A Kaituna specific hui about draft freshwater policy options would be more beneficial once the more Kaituna and tangata whenua specific material was available for review. This would then include the science summary for the Kaituna and the RNRP Kaitiakitanga chapter review which was expected to be available in November/ December 2022.

· TMoK’s Chair would decide whether to provide further written evidence to the RPS Proposed Change 5 hearing after reviewing Toi Moana staff recommendations on submissions.

· There was a need to ensure that there was understanding and measurement of achievement of the health and wellbeing of the Kaituna and the estuary.

Resolved

That Te Maru o Kaituna River Authority:

1. Receives the report, Essential Freshwater Policy Programme Update.

Wasley/Dally

CARRIED

10.4

2022 Local Government Elections Update

Presented by: Pim de Monchy – Coastal Catchments Manager

Resolved

That Te Maru o Kaituna River Authority:

1. Receives the report, 2022 Local Government Elections Update.

Flavell/Dally

CARRIED

12.00 pm – Erin Thompson withdrew from the meeting.

12.00 pm - The formal part of the meeting concluded.

The meeting continued informally to hear the presentations not taken in the formal part of the meeting.

8.5

Project 14 - Upper Catchment 'Gateway' Update

Presentation: Project 14 - Upper Gateway Project: Objective ID A4180791

Presented by: Nick Chater – Lakes Community Board

Key Points

· The purpose of the project was to restore the mauri of the Okere Awa, provide opportunities for marae and the local community, increase social wellbeing for youth through engagement with the natural environment, and maintain and nurture a sustainable environment for all to enjoy.

· Funding for the project had been received from the Rotorua Energy Charitable Trust, Bay Trust and Project Crimson.

· Projects completed and ongoing to date included culling of goats, clearing of blackberry and gorse, new fencing, planting of native trees and pest eradication.

· Long term projects included a ten year planting and pest eradication plan, irrigation and equipment to support a nursery, development of an educational space, pest proof fence for approximately eight hectares, regeneration of native forest, increase the reserve from three to twelve hectares, and improve the health of the Awa.

Key Points - Members

· Congratulations were extended to Nick on a great project.

8.4

Project 6 - Monitoring results from the Maketu Estuary

Presentation: Project 6 - Kaituna Rediversion: Objective ID A4183769

Presented by: Pim de Monchy – Coastal Catchments Manager

Key Points

· The objectives of the project was to return at least 20% of Kaituna River flows to Maketū, to create at least 20 hectares of wetlands, to maximise the ecological and cultural benefits, and for the restoration of Papahikahawai island.

· A recent achievement had been the finalisation of the archaeological report. The report identified that the majority of artefacts uncovered were dated from around 1550 to 1650. Around 400 archaeological features had been identified and catalogued.

· Ecological monitoring continued. The upper part of the estuary had seen shellfish recolonise the area. Erosion of anoxic muds from the plates in the upper estuary was also occurring.

· There had been no changes in overall pipi densities following increased river flows but more recruitment of juveniles in to the population had been observed.

· Macroalgae had been declining since 2017 following the removal of the causeways and parts of the area being unblocked to tidal flushing.

· Vegetation plots that had last been measured in 2013 were being remeasured, and new plots had been added at Te Pā Ika and Ford Island.

· Sea grass monitoring had identified that it had re-established in at least 18 patches up to eight metres across since disappearing completely in 2019.

· Recent tangata whenua collaborative opportunities included shellfish monitoring, recreation and social patterns research, vegetation monitoring, input on Kaituna Mole design, and involvement in management of skinks.

· The “Recreation patterns around Te Awa o Ngatoroirangi Maketū Estuary and Kaituna River following rediversion of the Kaituna River” report had been released in February 2022.

Key Points - Members

· Congratulations were extended to staff for the work undertaken for this project.

11. Karakia Kati
Closing Karakia

A closing karakia was provided by Mokoera Te Amo.

12.30 pm – the meeting closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	10 February 2023
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Yvonne Tatton, Governance Manager Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To update and advise Te Maru o Kaituna River Authority (TMoK) on membership changes.

Change of Membership - Te Maru o Kaituna River Authority

Whakarāpopototanga
Executive Summary

This report is to update and advise Te Maru o Kaituna River Authority (TMoK) of the local authority member organisation appointees to TMoK following the 2022 local body triennial elections.

This report is also to advise the reappointment of Te Pumautanga o Te Arawa Trust representatives following the expiry of their three year term in mid 2022.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Change of Membership - Te Maru o Kaituna River Authority.

2 Notes the appointments of Cr Matemoana McDonald as the appointed member for Bay of Plenty Regional Council, Cr Te Taru White as the alternate member and Cr Jane Nees as the informal member.

3 Notes the appointments of Mr Nick Chater (Lakes Community Board) as the appointed member for Rotorua Lakes Council and Cr Lani Kereopa as the alternate member.

4 Notes the appointments of Cr Andy Wichers as the appointed member for Western Bay of Plenty District Council and Cr Grant Dally as the alternate member.

5 Notes the appointments of Commissioner Shadrach Rolleston as the appointed member for Tauranga City Council and Commissioner Bill Wasley as the alternate member.

6 Notes the reappointments of Piki Thomas as the appointed member for Te Pumautanga o Te Arawa Trust and Rawiri Kingi as the alternate member.

1. He Whakamārama
Background

Local body triennial elections were held in October 2022. Under the Tapuika Claims Settlement Act 2014 (Part 3, s114), Te Maru o Kaituna River Authority is established as a permanent joint committee of the Bay of Plenty Regional Council (Regional Council), the Rotorua Lakes Council (RLC), the Tauranga City Council (TCC) and the Western Bay of Plenty District Council (WBOPDC). Following the elections, each local authority appointed their members to Te Maru o Kaituna as part of establishing their new triennial committee structure and appointments. Appointments made were notified to Regional Council as the administering body for TMoK. As this is the first meeting of TMoK since the appointments were made, staff are advising TMoK of these membership changes.

It is noted that whilst Rotorua Lakes Council had advised Regional Council of their proposed representatives for TMoK for the 2022 – 2025 triennium; these appointments would not be confirmed until their Council meeting of 8 February 2023. If the advised proposed representatives are changed at that meeting, a verbal update of the confirmed reps will be provided at this meeting.

2. Membership Appointments

Membership appointments to the Authority as defined in the Settlement Act are for a term of three years, and Members may be reappointed. Local authority member organisation appointees acknowledged and confirmed at today’s meeting will be reviewed following the local body elections in 2025.

The three year term for the representatives for Te Pumautanga o Te Arawa Trust expired mid 2022. Advice has been received by Regional Council that the incumbent reps, Piki Thomas (Primary) and Rawiri Kingi (Alternate) have been reappointed for a further three years.

2.1 Territorial Authorities (Regional Council, RLC, TCC, WBOPDC)

Appointed at the beginning of each triennium, due first meeting of 2026.

2.2 Tapuika Iwi Authority Trust

Dean Flavell (Chairperson) and Geoff Rice (Alternate) due third meeting 2024.

2.3 Te Pumautanga o Te Arawa Trust

Piki Thomas and Rawiri Kingi (Alternate) due first meeting 2026.

2.4 Te Tāhuhu o Tawakeheimoa Trust

Nicki Douglas due second meeting of 2023 and Erin Thompson (Alternate) due second meeting of 2024.

2.5 Informal Appointments by Te Komiti Nui o Ngāti Whakaue

Maru Tapsell and Karena Bird (Alternate) due third meeting of 2025.

2.6 Tapuika Iwi Authority Trust and Te Kapu o Waitaha

Remains vacant.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

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

There are no significant implications for Māori with this matter.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

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

3.5 Ngā Pānga ā-Pūtea
Financial Implications

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

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

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

There are no financial implications to the current budget.

4. Ngā Mahi Whai Ake
Next Steps

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

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

There will be ongoing membership update reports and appointment reviews as they fall due.



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	10 February 2023
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Yvonne Tatton, Governance Manager Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To consider the appointment of a Deputy Chairperson

Appointment of Te Maru o Kaituna River Authority Deputy Chairperson

Whakarāpopototanga
Executive Summary

Te Maru o Kaituna River Authority are asked to consider the appointment of a Deputy Chairperson. This paper provides members with the legislative background and process to make this appointment.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Appointment of Te Maru o Kaituna River Authority Deputy Chairperson.

2 Resolves to use System A / System B in electing a Deputy Chairperson.

3 Appoints as Deputy Chairperson of Te Maru o Kaituna River Authority for a period of three years pursuant to Schedule 5, section (1) of the Tapuika Claims Settlement Act (2014).

1. He Whakamārama
Background

Te Maru o Kaituna River Authority’s enabling legislation is the Tapuika Claims Settlement Act 2014 (the Act).

Schedule 5 of the Act sets out the administrative procedures of the authority.

1 Chairperson and deputy chairperson

1. The Authority must appoint 1 of its members as the chairperson.

2. Despite subclause (1), the members of the Authority appointed by the Tapuika Iwi Authority Trust must appoint a member of the Authority as the first chairperson at the first meeting of the Authority.

3. The term of office of a chairperson is 3 years, unless the chairperson resigns or is removed by the Authority during that term.

4. The chairperson of the Authority may be reappointed or removed by the Authority.

5. The Authority must appoint a deputy chairperson and that appointment is subject to the same conditions as set out in subclauses (3) and (4).

6. The Authority may appoint subcommittees that the Authority considers appropriate, and clause 30(4) of Schedule 7 of the Local Government Act 2002 applies, except that a reference in that clause to a committee is to be read as a reference to the Authority.

7. Clause 26(3) and (4) of Schedule 7 of the Local Government Act 2002 do not apply to the Authority.

The Chairperson’s three-year term expires in August 2024.

Members’ attention is also drawn to Section 4 of Schedule 5 of the Act, relating to a quorum for meetings. It may be worth considering this section when considering the appointment process.

4 The quorum for a meeting of the Authority is—

(a) the chairperson or deputy chairperson; and

(b) 2 members appointed by the iwi appointing organisations; and

(c) 2 members appointed by the local authority appointing organisations.

Informal or non-voting members are not considered part of the quorum and may not be appointed as Deputy Chairperson.

2. Appointment Process

The process for how the Chairperson or Deputy Chairperson is elected is determined by Clause 24, Schedule 7, of the Local Government Act 2002 (LGA), which states: “the acts of a local authority must be done, and the questions before the local authority must be decided at a meeting by –

(a) vote; and

(b) the majority of members that are present and voting.”

2.1 Voting Systems

Under Clause 25, Schedule 7 of the LGA, when electing a Chairperson, a committee must resolve to use one of the following two voting systems:

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

(iv) 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 Te Maru o Kaituna River Authority selects System B as its voting system.

2.2 The voting process steps

(a) The Authority resolves to adopt a voting system and the procedure in the event of a tie.

(b) Nominations for Deputy Chairperson are called for (nominated and seconded).

(d) Voting for the election of the Deputy Chairperson as per agreed system.

(e) Deputy Chairperson declared elected.

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

2.3 Ground rules

(a) A member may nominate or second themselves.

(b) Any member can call for a Division.

(d) Any member can abstain from voting.

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 drawn out, by an independent person (such as the Committee Advisor), is to be elected.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this decision.

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 where there are no significant implications for Māori associated with the decision.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required as the recommendation relates to internal Council matters only.

3.5 Ngā Pānga ā-Pūtea
Financial Implications

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



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	10 February 2023
Kaituhi Pūrongo: Report Writer:	Nicola Green, Principal Advisor, Policy & Planning and Jo Watts, Senior Planner (Water Policy)
Kaiwhakamana Pūrongo: Report Authoriser:	Rob Donald, Science Manager
Kaupapa: Purpose:	To advise TMoK of upcoming freshwater policy engagement in the Kaituna catchment and invite their involvement

Essential Freshwater Policy Programme - Upcoming engagement in Kaituna catchment

Whakarāpopototanga
Executive Summary

Toi Moana’s Essential Freshwater Policy programme to implement the National Policy Statement for Freshwater Management 2020 continues to progress according to the overarching timeline, although there is slippage. This year, the focus is primarily on continuing to involve tangata whenua, community engagement and also continuing to develop draft policy options, prior to Toi Moana making decisions about what proposed changes to the Regional Policy Statement and Regional Plan to publicly notify in 2024. Tangata whenua involvement continues to be invited. Letters inviting consideration of draft policy issues and options were sent to iwi organisations late last year.

During February and March 2023, public awareness raising of upcoming engagement will be delivered through various forms of media, and at some community events including at the Te Puke A&P show on 18 February.

During April – September 2023 engagement will begin with three sub-regional hui around the region, as well as reconvening the Freshwater Futures Community Groups for Kaituna, Pongakawa and Rangitāiki once more. This will be followed by 2-3 community workshops in each Freshwater Management Unit (FMU). Dates are in the draft calendar attached but are not yet confirmed.

1. Te Maru o Kaituna (TMoK) members are invited to advise on the approach to engagement, any potential clashes or issues associated with the draft engagement schedule, events or venues.

2. The finalised engagement calendar will be shared with TMoK.

3. Hui-a-rohe and community workshops will be advertised. Toi Moana staff encourage TMoK members to promote participation at relevant events.

4. The draft copy of the Kaituna Freshwater Management Unit freshwater engagement document will be circulated to TMoK member for feedback when ready.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Essential Freshwater Policy Programme - Upcoming engagement in Kaituna catchment.

1. He Whakamārama
Background

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

Tight timeframes are necessary to achieve notification of freshwater changes to the Regional Policy Statement (RPS) & RNRP in 2024 as required by legislation. The timeline - Te rarangi wā is shown in Attachment 1. This year, the focus is primarily on continuing to involve tangata whenua, community engagement and also continuing to develop draft policy options, prior to Toi Moana making decisions about what proposed changes to publicly notify in 2024.

This report provides an update on implementation progress most relevant to the Kaituna co-governance area.

2. Implementation update

As advised at the August 2022 TMoK hui, letters inviting consideration of draft policy issues and options were sent to iwi organisations late last year. A briefing was offered to TMoK members at the last meeting, and this can still be arranged if requested.

3. RPS Proposed Change 5 (Kaituna River) update

Te Maru o Kaituna made a submission in support of Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement. The hearing was held on 11 – 13 October 2022 at the Pāpāmoa Community Centre. Toi Moana is currently awaiting the independent Freshwater Hearing Panel recommendations. Once received, the recommendations will be put before the next Toi Moana full Council meeting for their decision.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks for TMoK associated with this matter.

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. Climate change impacts will be considered by Toi Moana as part of implementing the NPSFM and reviewing the RNRP.

4.3 Ngā Pānga ki te Māori
Implications for Māori

As reported previously, freshwater is a taonga for tangata whenua. The NPSFM clearly sets out increased expectation of the active involvement of tangata whenua in freshwater management, and provision for cultural values and mātauranga Māori. Toi Moana staff continue to invite and support iwi and hapū involvement to the extent they want to be involved or have capacity to be involved. The challenges of tangata whenua engagement will continue into 2023 and staff are maintaining a good faith approach to implementing the aspirations of the NPSFM.

A tangata whenua engagement progress update was provided in the August 2022 meeting agenda report. Since that point a small number of new connections have been made in response to the consistent invitation to connect with Toi Moana.

Current tangata whenua engagement activities most relevant to the Kaituna include:

· The draft dates for the engagement plan will be shared (by end of January) with tangata whenua via the Relationship Managers and the iwi/hapū contact lists.

· EFPP reports are going to each co-governance forum. This TMoK paper is the first one.

· The engagement plan includes three hui-a-rohe. Resourcing and planning for these is a current action. It is anticipated that Māori constituency councillors will provide leadership for these.

· 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 are welcomed.

· Relationship Managers and the iwi/hapū contact lists are being used to distribute communications and material. These lists are continuously updated as required.

· All communications contain invitations to contact Toi Moana as a way to get involved in the freshwater work of Council.

· Work continues on establishing Kaupapa Māori EFPP projects. For example, Ngāti Whakaue Iwi Management Plan project.

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.

Toi Moana staff are preparing for public engagement throughout 2023. Tangata whenua engagement will continue to occur alongside the wider community engagement process for 2023.

During February and March, public awareness raising of the upcoming engagement will be delivered through various forms of media, and at some community events including at the Te Puke A&P show on 18 February.

Communication publications are being prepared for each Freshwater Management Unit (FMU). The draft copy for the Kaituna FMU can be shared with TMoK members for feedback when it is ready.

The active engagement period will be April – September 2023 and will begin with three sub-regional hui around the region, as well as reconvening the Freshwater Futures Community Groups for Kaituna, Pongakawa and Rangitāiki once more to let them know where we have got to since they provided their advice throughout 2015-2017. This will be followed by 2-3 workshops in each FMU. A draft calendar is provided in Attachment 2. This is subject to change until all potential event clashes are identified and venues are booked. This represents a large commitment for Toi Moana staff, which will stretch capacity, and yet still may not be as much engagement as some tangata whenua or wider community members would like.

Structure and content of the engagement events is yet to be developed. Te Maru o Kaituna, and iwi are welcome to discuss or provide advice on the approach or potential venues if they wish.

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

NPSFM implementation is a non-discretionary Toi Moana function. This work will also assist with delivering TMoK’s vision and desired outcomes in Kaituna, he taonga tuku iho – a treasure handed down – the Kaituna River Document enabled by the Tapuika Claims Settlement Act 2014.

Project 2 of Te Tini a Tuna – the Kaituna Action Plan is implementing the NPSFM. Other projects also align closely with the NPSFM mahi, for example the Pataka Kai and State of the Awa Project’s will provide information and monitoring for the Kaituna designed by and for tangata whenua with interests in the Kaituna. These projects have potential to provide a collaborative approach to including mātauranga Māori input into the NPSFM process if timeframes and deliverable can be aligned.

4.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no financial implications for TMoK associated with this report. This engagement fits within the Toi Moana EFPP allocated budget.

5. Ngā Mahi Whai Ake
Next Steps

1. TMoK members are invited to advise on the approach to engagement events, any potential clashes or issues associated with the draft engagement schedule, events or venues.

2. The finalised engagement calendar will be shared with TMoK.

3. Hui-a-rohe and community workshops will be advertised and Toi Moana staff encourage TMoK members to promote participation at relevant events.

4. The draft copy of the Kaituna Freshwater Management Unit freshwater engagement document will be circulated to TMoK member for feedback when ready.

Tuhinga Tautoko
Attachments

Attachment 1 - Te raranga wā - Timeline ⇩

Attachment 2 - DRAFT Engagement activities for Essential Freshwater Policy Programme 2023 ⇩