Agenda of Regional Council - Thursday, 4 May 2023

Council

Membership

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

Purpose

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

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

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

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

Role

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

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

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

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

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

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

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

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

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

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

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

· Oversee the work of all committees and subcommittees.

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

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

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

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

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

· Address strategic corporate matters including property and accommodation.

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

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

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

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

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

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

Delegations from Council to committees

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

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

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

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

· It is accepted in making these delegations that:

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

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

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

Powers that cannot be delegated

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

· Make a rate.

· Make a bylaw.

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

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

· Appoint a chief executive.

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

· Adopt a remuneration and employment policy.

Livestreaming and Recording of Meetings

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

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

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

Regional Council 4 May 2023

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

Agenda

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

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

1. Opening Karakia

2. Apologies

3. Public Forum

4. Items not on the Agenda

5. Order of Business

6. Declaration of Conflicts of Interest

7. Public Excluded Business to be Transferred into the Open

8. Minutes

Minutes to be Confirmed

8.1 Regional Council Minutes - 16 March 2023 2

9. Reports

9.1 Chairperson's Report 2

Decisions Required

9.2 Rangitāiki Floodway - Spillway Upgrade 2

Attachment 1 - Rangitaiki Floodway Spillway Upgrade Procurement Plan 2023 2

Attachment 2 - 2023-04-12 Kanoa letter to BOPRC 2

Attachment 3 - 2023-04-20 CEO Response to further Kanoa Letter 2

9.3 Eastern Bay of Plenty Spatial Plan – Structure and Governance Proposal 2

9.4 Te Arawa Lakes Trust Framework Agreement. 2

Attachment 1 - TALT 10 year procurement plan pdf - CI Edits 2

9.5 Recommendations on Proposed Change 5 (Kaituna River) to the Regional Policy Statement 2

Supporting Document 1 - Staff summary of Panel's recommendations

Supporting Document 2 - Freshwater Hearing Panel recommendation report

Supporting Document 3 - Freshwater Hearing Panel report Appendix 1: PC5 Panel recommendations

Supporting Document 4 - Freshwater Hearing Panel report Appendix 2: Panel recommendations on submissions

9.6 Minor Amendments to the Regional Pest Management Plan 2

Attachment 1 - Proposed minor amendments to the Regional Pest Management Plan 2

9.7 2023 Integrated Committee Work Programme 2

Attachment 1 - .DRAFT 2023 BOPRC Integrated Committee Work Programme_wider legal requirements 2

Information Only

9.8 Update on Whakatane and Ohope Sites Environmental Programme 2

Attachment 1 - 2018-07-05 Ohope and Whakatāne Sites Environmental Programme 2018-2023 SIGNED 2

Attachment 2 - Review of Whakatāne and Ohope sites environmental programme 2018-2023 - Place Group - December 2023 2

10. Public Excluded Section

Resolution to exclude the public

Excludes the public from the following parts of the proceedings of this meeting as set out below:

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
10.1	Public Excluded Regional Council Minutes - 16 March 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
10.2	Groundwater Monitoring Site Installation – Contract and Capital Funding Arrangements	Withholding the information is necessary to enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.	48(1)(a)(i) Section 7 (2)(h).	On the Chief Executive's approval.
10.3	Transferring of Kaituna Jetty, Boatramp & carpark to WBOPDC	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	On the Chief Executive's approval.

Minutes to be Confirmed

10.1 Public Excluded Regional Council Minutes - 16 March 2023

Decisions Required

10.2 Groundwater Monitoring Site Installation – Contract and Capital Funding Arrangements

10.3 Transferring of Kaituna Jetty, Boatramp & carpark to WBOPDC

Attachment 1 - 2016 Corbett land Plan final by Alan Kane - Opus for BOPRC

Attachment 2 - 2015 03 26 Confidential Council report on land acquisition

Attachment 3 - Minute Action Sheet - Kaituna River Re-Diversion & Ongatoro - Maketu Estuary Enhancement Project - Boat Ramp Design Change - 09 December 2014

11. Public Excluded Business to be Transferred into the Open

12. Readmit the Public

13. Consideration of Items not on the Agenda

14. Closing Karakia

Regional Council Minutes

16 March 2023

Regional Council

Open Minutes

Commencing: Thursday 16 March 2023, 9.30 am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga

Chairperson: Chairman Doug Leeder

Deputy Chairperson: Deputy Chairperson Jane Nees

Members: Cr Malcolm Campbell

Cr Stuart Crosby

Cr Toi Kai Rākau Iti

Cr Matemoana McDonald

Cr Kat Macmillan

Cr Ron Scott

Cr Ken Shirley

Cr Paula Thompson

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White

Cr Kevin Winters

In Attendance: Bay of Plenty Regional Council: Fiona McTavish – Chief Executive, Mat Taylor – General Manager Corporate, Namouta Poutasi – General Manager Strategy & Science, Reuben Fraser – General Manager Regulatory Services, Chris Ingle – General Manager Integrated Catchments; Kataraina O’Brien – General Manager Strategic Engagement, Olive McVicker – Corporate Performance Team Lead, Karlo Keogh – Finance Support Team Lead; Mark Townsend – Engineering Manager, Mark Le Comte – Principal Advisor Finance, Gillian Payne – Principal Advisor, Yvonne Tatton – Governance Manager; Angela Foster – Communications & Engagements Manager; Hemi Barsdell – Asset Management Specialist; Tone Nerdrum Smith – Committee Advisor

Quayside Holdings Ltd: Lyndon Settle – Chief Executive and Davide Caloni – Finance Manager

BOPLASS: Craig O’Connell – Chairperson (via Zoom)

Whakatāne District Council: Steven Perdia - General Manager of Strategy & Transformation; Nicola Burgess - Manager Tourism and Events and Richard Faire - Tourism Product Development Advisor

Apologies: Cr Paula Thompson – Late Arrival

1. Opening Statement by Chairman

Chairman Leeder reminded those present that this meeting was being livestreamed and recorded and that the recording would be made available on the Bay of Plenty Regional Council website following the meeting. Council Meeting Video 16 March 2023

2. Opening Karakia

A karakia was provided by Cr Te Taru White.

3. Apologies

Resolved

That the Regional Council:

1 Accepts the apology from Cr Thompson for late arrival tendered at the meeting.

Leeder/Nees

CARRIED

4. Declaration of Conflicts of Interest

Cr Stuart Crosby and Cr Te Taru White declared an interest in agenda items 9.2 Quayside Group draft Statements of Intent for 2023-2026 and Half Yearly Reports, and 10.4 Guidance for Quayside Holdings Limited's Directors' Nomination Panel (Public Excluded) as Board Directors of Quayside Holdings Ltd.

Noted that as the interest was non-pecuniary, there might be situations where providing factual details to inform Quayside discussions might be appropriate.

5. Minutes

Minutes to be Confirmed

5.1

Regional Council Minutes - 14 December 2022

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 14 December 2022 as a true and correct record.

Leeder/White

CARRIED

5.2

Regional Council Minutes - 9 February 2023

Matters Arising

In relation to Minute item 7.1, Chairperson’s Report - Noted that the Tarawera Sewerage Scheme Stage 1 would commence in April 2023, rather than already being underway as advised at the meeting.

Resolved

That the Regional Council:

Confirms the Regional Council Minutes - 9 February 2023 as a true and correct record.

Leeder/White

CARRIED

6. Reports

6.1

Chairperson's Report

Presented by: Chairman Leeder.

Key Points - Members:

· Any updates from the Chairman’s meetings with other Mayors to be included for information in the Councillors’ informal briefings.

Resolved

That the Regional Council:

1 Receives the report, Chairperson's Report.

Leeder/Nees

CARRIED

Decisions Required

6.2

Quayside Group Draft Statements of Intent for 2023-2026 and Half Yearly Reports

Presented by: Mat Taylor – General Manager Corporate and Gillian Payne – Principal Advisor.

Lyndon Settle – Chief Executive and Davide Caloni – Finance Manager, Quayside Holdings Ltd attended for this item.

Key Points:

· Provided the timeline for the Statement of Intent as it would be presented to Council

· An informal briefing by Quayside Holdings Ltd was scheduled for 12 April 2023 where in-depth discussions regarding the draft Statement of Intent would take place.

Key Points - Members:

· Queried if the PF Olsen Ltd forestry investment, where Quayside is a major shareholder, was appropriate and responsible considering the damages occurring during the recent Cyclone Gabrielle

9.44 am – Cr Thompson entered the meeting.

· Any proposed sale of Port of Tauranga shares should be a part of the Council’s Long Term Plan process, i.e. involve public consultation

· Options and impacts of reduction vs retention of the Port of Tauranga shareholdings to be further discussed

· Sought a clearer understanding of the operations of Quayside

· The merit of retaining strategic landholdings, e.g. in Tauriko, to be further considered

· Sought further discussion regarding the impact of the rapidly changing investment environment on the dividend distribution

· Noted that Quayside had indicated that current dividend payments to Council were ‘unsustainable’, and that this would be further discussed at the 12 April 2023 Council briefing.

Key Points – Quayside Holdings Ltd:

· Welcomed the opportunity for further discussion regarding the draft Statement of Intent on a ‘no surprises’ basis.

Resolved

That the Regional Council:

1 Receives the report, Quayside Group draft Statements of Intent for 2023-2026 and Half Yearly Reports;

2 Notes that Council direction will be sought at a future meeting on any Council response;

3 Delegates authority to Chairman Leeder to approve any response to the draft Statements of Intent 2023-2026 for the Quayside Group, noting that this is to enable Council and Quayside Holdings Limited to meet statutory timeframes for the process.

Shirley/Campbell

CARRIED

6.3

Local Government Funding Agency Limited - draft Statement of Intent 2023-2026 and Half Yearly Report

Presented by: Mat Taylor – General Manager Corporate and Mark Le Comte – Principal Advisor Finance.

Key Points - Staff:

· Main savings were made in large projects/initiatives that required significant funding

· Discussions regarding funding of infrastructure, including the ability of the Three Waters entities borrowing from LGFA, were taking place between local/regional government and Waka Kotahi.

Resolved

That the Regional Council:

1 Receives the report, Local Government Funding Agency Limited - draft Statement of Intent 2023-2026 and Half Yearly report for the period ended 31 December 2022;

2 Agrees that no formal feedback is required on the Local Government Funding Agency Limited’s draft Statement of Intent 2023-2026.

von Dadelszen/Scott

CARRIED

6.4

Statement of Proposal - Fees and Charges Policy

Presented by: Mark Le Comte – Principal Advisor Finance.

Key Points:

· Council was legally required to publicly consult on its fees and charges, which differed from what was required for the Annual Plan where Council had the option to not consult

· When Council consulted on its Long Term Plan or Annual Plan, a rate tool was provided so ratepayers could easily see their current rates vs projected rates.

Key Points - Members:

· Queried the purpose of seeking information regarding gender, age and ethnicity as included in the submission form

· Important for Council to continue to apply zero-increases in some areas to ensure it remained vigilant in seeking cost saving opportunities and undertake critical review of its practises.

Resolved

That the Regional Council:

1 Receives the report, Statement of Proposal - Fees and Charges Policy;

2 Adopts the Statement of Proposal for Changes to the Fees and Charges Policy and Draft Fees and Charges Policy for public consultation;

· Delegates to the Chief Executive to make any minor editorial changes required to the Statement of Proposal, including removing the questions regarding age/gender/ethnicity on the submission form.

Thurston/Winters

CARRIED

6.5

Bay of Plenty Local Authority Shared Services (BOPLASS) Half Yearly Report and Draft Statement of Intent

Presented by: Mark Le Comte – Principal Advisor Finance and Craig O’Connell – BOPLASS Chairperson (via Zoom).

Key Points – Craig O’Connell, BOPLASS Chairperson:

· Noted the apology from Stephen Boyle - Chief Executive, BOPLASS

· Outlined savings achieved through shared procurements/services, representing significant return on investments for the partner councils

· Local Authority Shared Services (LASS) in other regions had established business units to extend its services, and explore opportunities that might be relevant and beneficial

· Acknowledged that better communication channels between BOPLASS and councils with regards to potential opportunities should be established

· It could be challenging to progress commercial opportunities in a local government environment, which related back to the desire to improve communication.

Key Points - Members:

· Noted that discussions regarding the potential for BOPLASS to pursue new opportunities was ongoing

· Regional Software Holdings Ltd was a software collaboration between regional councils, and supplemented, rather than duplicated the BOPLASS collaboration within the Bay of Plenty region

· Recognised that there were challenges, for a variety of reasons, in achieving cross boundary co-operation and services

· Encouraged the BOPLASS Board to engage with the community regarding the opportunities and benefits of shared services

· As all partners of BOPLASS were autonomous entities, requesting change through the Statement of Intent and reaching consensus was challenging.

Key Points - Staff:

· BOPLASS procurement represented a significant financial savings for Council, with Regional Software Holdings Ltd providing complementary efficiency savings

· Regional co-operation/sharing provided an opportunity to support smaller councils that struggled to attract workforce.

Resolved

That the Regional Council:

1 Receives the report, Bay of Plenty Local Authority Shared Service Half Yearly Report and Draft Statement of Intent;

2 Agrees that Bay of Plenty Regional Council’s feedback on this Draft Statement of Intent is that the Final Statement of Intent includes more detail on additional shared services (including a specific performance target) to achieve greater efficiency and effectiveness of service delivery for the communities in this region

Thurston/White

CARRIED

6.6

2023/24 Draft Annual Plan - Engagement

Presented by: Olive McVicker – Corporate Performance Team Lead and Angela Foster – Communications & Engagements Manager (via Zoom)

Key Points:

· Noted that the recommendation was to not consult on the Annual Plan 2023/24, and that an engagement plan around this was being prepared

· Supported the opportunity for constituent councillors to undertake direct engagement with their local communities to raise awareness regarding Council’s Annual Plan.

Resolved

That the Regional Council:

1 Receives the report, 2023/24 Draft Annual Plan - Engagement;

2 Confirms that consultation is not required on the 2023/24 Draft Annual Plan;

3 Directs that public and targeted engagement be undertaken to communicate the impacts of the 2023/24 Annual Plan, and inform the community of the start of the upcoming review of the Long Term Plan.

von Dadelszen/McDonald

CARRIED

6.7

Refinancing Council Borrowing

Presented by: Mat Taylor – General Manager Corporate and Mark Le Comte – Principal Advisor Finance.

Key Points - Members:

· Noted that the loans reaching maturity had been provided at a low interest rate.

Resolved

That the Regional Council:

1 Receives the report, Refinancing Council Borrowing;

2 Authorises the Chief Executive to refinance $45 million of borrowing that matures on 15 April 2023 and complete any funds transfers associated with this transaction, in the general course of business;

3 Confirms the public be excluded on the grounds set out in the Local Government Official Information and Meetings Act 1987 from consideration of the following report attachment:

(a) Draft Bancorp Funding Strategy under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information and that this attachment remain in Public Excluded.

Crosby/Winters

CARRIED

6.8

Appointment of Tangata Whenua Representative to the SmartGrowth Leadership Group

Presented by: Yvonne Tatton – Governance Manager.

Key Points:

· Noted that this was an administrative matter and that the three partner councils had all been asked to accept the appointments.

Key Points - Members:

· Sought the opportunity for Council to receive more information regarding the representatives for future appointments

· A formal acknowledgement of the contribution by previous Tangata Whenua representative Kevin Tohiariki was extended.

Resolved

That the Regional Council:

1 Receives the report, Appointment of Tangata Whenua Representative to the SmartGrowth Leadership Group;

2 Accepts the recommendation of Te Rangapū Mana Whenua o Tauranga Moana and confirms the appointment of Whitiora McLeod as a Tangata Whenua representative to the SmartGrowth Leadership Group;

3 Accepts the recommendation of Te Kāhui Mana Whenua o Tauranga Moana and confirms the appointment of Riki Nelson as a Tangata Whenua representative to the SmartGrowth Leadership Group;

4 Notes that the appointments are also to be confirmed by Tauranga City Council and Western Bay of Plenty District Council.

McDonald/Macmillan

CARRIED

10.48 am – The meeting adjourned.

11.08 am – The meeting reconvened.

6.9

Monitoring & Responding to Central Government Reforms – Action Plans

Presented by: Namouta Poutasi - General Manager Strategy & Science.

Key Points:

· The updated Action Plans were based on the feedback provided by Councillors at the workshop the previous week

· There had been no region-wide submission on the Future for Local Government proposal (FfLG), rather councils had forwarded individual submissions to address particular concerns

· Noted Tauranga City Council’s submission on the FfLG was included their Council agenda TCC Council Agenda - 27 February 2023

· Council had staff representation on the Regional Climate Impact Group (CIG), which had a strong interface with the Climate Change Commission

Resolved

That the Regional Council:

1 Receives the report, Monitoring & Responding to Central Government Reforms – Action Plans.

2 Endorses the approach to monitoring and responding to central government reform – action plans, with the following amendments:

· Add bullet under Climate Change that reads: “Learnings from national/regional events that are likely to impact on central government direction or Council operational delivery”.

Nees/Macmillan

CARRIED

Information Only

6.10

Financial and Non-Financial Performance Report - Arotake Report: Half Year Performance

Presented by: Mat Taylor – General Manager Corporate, Karlo Keogh – Finance Support Team Lead and Olive McVicker – Corporate Performance Team Lead.

Key Points:

· More detailed information would be presented at the Financial Briefing on 4 April 2023, and would represent 8-month reporting

· The Rivers and Drainage Activity was re-forecasted each month, noting that some underspend had been carried forward into Draft Annual Plan 23/24.

· Although public transport service levels may have changed, a number of fixed costs remained unchanged, so costs did not reduce. However, Council was actively working with Waka Kotahi regarding improved funding contribution

· 10-12% staff turnover was the preferred benchmark. At 11.82%, Council was well below that experienced by other councils

· Council was sometimes unable to compete with the salary offered by central government, which meant retaining staff relied on the overall ‘package’, i.e. organisational culture; flexible working conditions etc.

· COVID had been the predominant cause of reported illness in recent times

· Council was always seeking to take a low position on borrowing and high position in investments, accepting the effects of market volatility. The overall position of Council in investment was ‘conservative’.

Key Points - Members:

· Noted that the overspend in the public transport activity was caused by a variety of factors, e.g. raised minimum wage and increased service costs

· Noted that information regarding the number of Full Time Employee (FTE) summer students employed by Council in the 2022/23 period would be provided.

Resolved

That the Regional Council:

1 Receives the report, Financial and Non-Financial Performance Report - Arotake Report: Half Year Performance;

2 Confirms the public be excluded on the grounds set out in the Local Government Official Information and Meetings Act 1987 from consideration of the following report attachment:

(a) CONFIDENTIAL Bancorp Report December 2022 under Section 48(1)(a)(i) Section 7 (2)(b)(ii) as withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information and that this attachment remain in Public Excluded.

Scott/von Dadelszen

CARRIED

6.11

Cycleways on BOPRC Managed Stopbanks in the Eastern Bay of Plenty

Presentation - Cycleways on BOPRC Stopbanks in EBoP - Council 16 March 2023: Objective ID A4337896

Presented by: Hemi Barsdell – Asset Management Specialist, and Steven Perdia and Nicola Burgess, both Whakatāne District Council (WDC).

Key Points – Whakatāne District Council Presenters:

· Noted the potential challenges of motorbikes using the trails and recognised that this would need to be addressed in the design

· WDC would cover ongoing maintenance costs of the trails

· A number of trail locations and design had been proposed over the past few decades, but had not progressed. With the current trail involving ongoing community engagement, external funding had been obtained

· Anticipated that WDC would own and maintain the pathway asset, with the stopbank remaining in Regional Council’s ownership

· A survey of all landowners, including the Department of Conservation and hapū, along the trail had been undertaken and was ongoing as the project progressed

· Cultural and historical elements had been identified and formed part of the project design

· Would primarily look to establish the trail on the Western side of Rangitāiki River in Edgecumbe to minimise the impact on adjacent houseowners.

Key Points - Staff:

· Rivers and Drainage Bylaw staff were working with the WDC project team to ensure risks to flood protection assets were appropriately managed

· Regional Council was working with land grazing licensees to implement licence variations to accommodate the proposed trail

· Recognised there was a risk of loss of privacy associated with this project, which needed to be worked through, e.g. varying the trail from the top of the stopbank to the low lying berms in some areas.

Resolved

That the Regional Council:

1 Receives the report, Cycleways on BOPRC Managed Stopbanks in the Eastern Bay of Plenty.

Campbell/Macmillan

CARRIED

7. Public Excluded Section

Resolved

Resolution to exclude the public

1 Excludes the public from the following parts of the proceedings of this meeting as set out below:

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
9.7	Refinancing Council Borrowing - Attachment 1 - Draft Bancorp Funding Strategy - Public Excluded	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
9.10	Financial and Non-Financial Performance Report - Arotake Report: Half Year Performance - Attachment 2 - CONFIDENTIAL Bancorp Report December 2022 - Public Excluded	Withholding the information is necessary to protect information where the making available of the information would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information.	48(1)(a)(i) Section 7 (2)(b)(ii).	To remain in public excluded.
7.1	Public Excluded Regional Council Minutes - 14 December 2022	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
7.2	Public Excluded Regional Council Minutes - 9 February 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.
7.3	Climate Resilience Projects - Progression	Withholding the information is necessary to enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	48(1)(a)(i) Section 7 (2)(i).	To remain in public excluded.
7.4	Guidance for Quayside Holdings Limited's Directors' Nomination Panel	Withholding the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest.	48(1)(a)(i) Section 7 (2)(c)(ii).	On the Chief Executive's approval.

Leeder/McDonald

CARRIED

8. Closing Karakia

A karakia was provided by Cr Te Taru White.

1.54 pm – the meeting closed.

Confirmed

Chairman Doug Leeder

Chairperson, Regional Council



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Authoriser:	Doug Leeder

Chairperson's Report

Executive Summary

Since the preparation of the previous Chairperson’s Report for the Council meeting on 16 March 2023, I have attended and participated in a number of meetings and engagements as Chairperson on behalf of Bay of Plenty Regional Council (BOPRC).

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

Recommendations

That the Regional Council:

1 Receives the report, Chairperson's Report.

1. Purpose

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

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

2. Meetings and Engagements

Date	Meeting / Engagement	Comment
21 March	Meeting between Tauranga City Council (TCC) Commissioners and Bay of Plenty Regional Council (BOPRC) Councillors – Tauranga	Discussed BOPRC alignment with the TCC Long Term Plan and upcoming SmartGrowth meeting.
24 March	Catch-up meeting with Peter Vitasovich, Chief Executive/Director of Whakatōhea Mussels (Ōpōtiki) Ltd – Ōpōtiki	BOPRC Chief Executive Fiona McTavish also in attendance.
24 March	Visit to Gisborne District Council – Gisborne	Fiona McTavish, Councillor Kevin Winters and I visited Gisborne District Council to see how we could further support this council and its staff with their response and recovery.
27 March	Regional Sector Group catch-up with Hinewai Ormsby, Chairperson of Hawkes Bay Regional Council – Videoconference	Attended.
30 March	Future Working Arrangements between Local Government New Zealand (LGNZ) and the Regional Sector – Wellington	Attended.
3 April	LGNZ Chairs catch-up meeting – Videoconference	Attended.
4 April	Kainga Ora Presentation to BOPRC Councillors – Tauranga	Presentation on the Special Development Process happening in the Tauranga Western Corridor.
6 April	Meeting with Lake Tarawera Ratepayers Association Chair Libby Fletcher - Tauranga	Rotorua Constituency Councillors Thurston, Winters and White, and Fiona McTavish also in attendance.
11 April	Meeting with Sustainable Bay of Plenty Executive Director Glen Crowther, and Trustees – Tauranga	Discussed the recent Sustainable Bay of Plenty media release calling for BOPRC engagement on SmartGrowth and Public Transport.
13 April	Update from Minister of Local Government Hon Kieran McAnulty on the Three Waters Reform changes – Videoconference	Attended.
17 April	Regional Sector (additional) meeting – Wellington	Discussed administrative matters, and priority issues including Climate Resilience. Minister for the Environment Hon David Parker spoke and James Palmer Secretary for the Environment and Chief Executive of Ministry for the Environment presented the government’s current thinking on Community Climate Resilience. Gisborne District Council and Hawkes Bay Regional Council also provided updates on their current state, future challenges and learnings so far.
18 April – 20 April	Waikato Regional Council Tour including Hamilton and Taupo – Waikato region	An opportunity for BOPRC Councillors to meet and share with our colleagues at Waikato Regional Council. Also met with the Tuaropaki Trust in Taupō.
21 April	Catch-up Meeting with Western Bay of Plenty District Council Mayor James Denyer – Tauranga	Attended.
21 April	Bay of Plenty Mayoral Forum meeting – Tauranga	Discussed the Bay of Plenty Regional Climate Change Risk Assessment, and administrative Forum matters including the appointment of a Chairperson, a Work Plan and the possibility of an Independent Secretary.
25 April	ANZAC Tauranga Civic Memorial Service – Tauranga	Laid a wreath on behalf of BOPRC, with Councillor von Dadelszen.



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Mark Townsend, Engineering Manager
Report Authoriser:	Pim De Monchy, Coastal Catchments Manager
Purpose:	To update Council on the Spillway Project and to make provision for the increased cost to upgrade the spillway being the final stage of the Rangitāiki Floodway Project.

Rangitāiki Floodway - Spillway Upgrade

Executive Summary

The Rangitāiki Floodway upgrade is a multi-stage project designed to take pressure off the flood prone Rangitāiki River by diverting some of its flow during significant weather events. The spillway upgrade is the final stage of the project and will complete the floodway upgrade which was proposed following major flooding in 2004.

The initial 2019 preliminary spillway design was originally planned for 2021/22 construction; however, the timeframes were extended due to the complexity and risks identified during the modelling and design phase.

Following an extensive review process final design requirements for the spillway are now known. Modifications and increased construction costs over the past four years have resulted in a project estimate well above the May 2019 estimate.

The change in design and the additional cost has been the subject of specific consultation with the Rangitāiki River Scheme community. The total project cost is now estimated at $7.8M. Overwhelmingly recent targeted community consultation supports the spillway design as proposed (114m concrete fixed crest weir, three radial gates, erosion, and scour protection) noting the increased cost and rating impacts.

An additional funding request has been made to Kānoa - Regional Economic Development & Investment Unit for this project due to the increased cost and scheme affordability, however it is unknown at this time if further funding will be available.

Confirmed funding will allow procurement to proceed, manufacture and construction from mid-2023 with the project completion date of August 2024.

Recommendations

That the Regional Council:

1 Receives the report, Rangitāiki Floodway - Spillway Upgrade;

2 Approves the increase in total project budget for the Rangitāiki Floodway Spillway Upgrade Project to $7,800,000;

3 Approves the additional capital expenditure of $5,300,000 in the Annual Plan 2023/24 and $1,000,000 in the Long Term Plan 2024-2034 for the Rangitāiki Spillway Project;

4 Approves loan funding of up to $5,700,000 for the Rangitāiki Floodway- Spillway Upgrade should further Kānoa - Regional Economic Development & Investment Unit funding for the project not be approved;

5 Approves the Rangitāiki Floodway Spillway Upgrade Project Procurement Plan;

6 Delegates to the Chief Executive the financial authority to accept tenders and approve contracts, supplier selections and payments for the Rangitāiki Spillway capital project, including contract variations, subject to the tender price being within the approved capital project budget as set out in the Long Term Plan or Annual Plan;

7 Confirms the decision has a medium level of significance as determined by the Council’s Significance and Engagement Policy. Council has identified and assessed different options and considered community views as part of making the decision, in proportion to the level of significance.

1. Introduction

The Rangitāiki Floodway upgrade is a multi-stage project designed to take pressure off the flood prone Rangitāiki River stopbanks by diverting some of its flow during significant weather events. A resource consent was obtained in 2009 increasing the capacity of the floodway to reduce flood levels in the Rangitāiki River from upstream of Edgecumbe to the river mouth. Since 2011 the floodway channel has been widened, stopbanks have been raised and a second outlet channel created into the Rangitāiki River.

Upgrading the floodway was originally proposed following an Edgecumbe stopbank breach in 2004. Another breach occurred in 2017 before the upgrades could be completed. Since 2017 Stages, 4, 5, and 7 have been completed. Stage 6 was largely completed in 2021/22. With the addition of the swing gates (flood barriers) on McLean Road and McCracken Road to be installed over the next two months. This leaves the spillway stage to compete the entire floodway upgrade.

The spillway is the structure that allows increased diverted flow into the floodway. While originally planned for 2021/22 the timeframes for the work were extended to manage the complexity and risks found in the modelling and design phase. The upgraded structure will allow for the consented bypass flow of (190m3/s) into the floodway channel during a significant flood event.

Resource Consent for the spillway upgrade has now been lodged and if funding is available manufacture and construction can begin from mid-2023. The cost of the final spillway design has changed since the original budget provision was allowed for in 2019. Recent community consultation on the final design and consequent cost impacts has been undertaken.

1.1 Legislative Framework

Under the Local Government Act 2002, regional authorities are responsible for the provision and control of river scheme assets. The Council manages and maintains River Schemes under the Soil Conservation and Rivers Control Act 1941 and in keeping with its Rivers and Drainage Asset Management Plans. These plans include levels of service and flood protection that the Council provides for the community.

1.2 Alignment with Strategic Framework

Safe and Resilient Communities	We support community safety through flood protection and navigation safety.
A Vibrant Region	We invest appropriately in infrastructure to support sustainable development.
The Way We Work	We deliver value to our ratepayers and our customers.

The Rangitāiki Floodway upgrade is a key multi-year multi-stage flood protection project that was consented in 2009 and is designed to reduce the impact of extreme rain and storm events for the Edgecumbe and Rangitāiki areas.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

¨ Cultural

þ Social

Low - Positive

þ Economic

Medium - Positive

1.3 Significance

The recommended proposal/decision has been assessed against the criteria and thresholds in Council’s Significance and Engagement Policy, and can be considered:

Medium

The decision is not within existing budgets and does not implement the current long term plan or annual plan.

The financial costs and implications of the decision are not yet known or provided for.

2. Rangitāiki Floodway Spillway

The final stage of the Rangitāiki floodway project is the upgrade to the spillway, this is the structure that allows increased diverted flow into the floodway. The upgraded structure will allow for the consented bypass flow of (190m3/s) into the floodway channel during a significant flood event. Consultation with the Rangitāiki community in late 2018 and again in June 2020 supported the proposal of a fixed crest weir alongside contingency radial gates to act as a backup should the spillway not achieve its consented flow, and this has directed detailed design of the spillway. Recent community consultation on the estimated cost of the spillway has again reinforced the preference for the fixed crest weir alongside contingency radial gates.

2.1 Proposed Spillway 2019

The preliminary spillway design proposed in 2019, comprised a 90m long, reinforced earth fixed crest weir with contingency radial gates (three radial gates). Spilling of river water into the Rangitāiki floodway would commence when activated. The physical works budget estimate for this iteration in May 2019 was $2.8M. It is noted that the same design now would have an estimated construction cost of $3.6M. The increase in construction cost can be attributed to the impact of Covid-19, labour shortages, higher costs including wages, the weakened New Zealand dollar and inflation.

2.2 Recommended Spillway Design 2023

Through the spillway detailed design phase river and spillway modelling determined that a more robust fixed crest weir and energy dissipation structure was required to manage scour and erosion risk for the weir and the gates during operation. A concrete capped weir with gabion and rip rap structures has now been integrated into the design.

On site detailed geotechnical investigations identified the need for sheet piling (seepage cut-off) around the entire radial gate structure, at both ends of the fixed crest weir and a tie back system anchoring the sheet piles around the radial gates. Additional site contouring and construction fill also identified significantly increased earthworks volumes needed on site.

This phase also highlighted the significance of trying to predict Rangitāiki River levels and how sensitive the fixed crest weir is to this prediction, emphasising the benefits of having the radial gates as contingency.

The final design for the Rangitāiki spillway is for a 114m concrete fixed crest weir, three radial gates, erosion, and scour protection in the form of sheet pile and rock riprap and approximately 40,000m3 of earthworks.

Increased construction costs over the past four years and considering the final design aspects have resulted in a forecast project estimate well above the May 2019 estimate. The current estimate to construct the final design is $7.8M, inclusive of all design, consenting, fees and contingency of 15%.

While originally planned for in 2021/22 the timeframe for construction was extended to manage the complexity and risks found in the modelling and design phase. Resource Consent approval for the spillway has been complicated due to the technical review requirements and the availability of specialised consultants able to complete the tasks. The design has been scrutinised by experienced designers and technical reviewers to achieve what is considered best practice for a project of this nature. This included the construction and testing of a scale model of the spillway.

The key concern of the designers and reviewers has been to ensure the consented discharge flow can be achieved without causing significant damage to the structure, uncontrolled flow into the floodway or adverse impacts for the community.

The Resource Consent was publicly notified in October 2022 and submissions have closed. The consent process including the technical review requirements have added a construction season to the project programme. Some minor design changes could occur as a result of the technical review which is nearing completion. Consent is expected to be granted in June.

The completion of the spillway upgrade will finish the Rangitāiki Floodway Project and is in keeping with the suite of improvements recommended following the Rangitāiki River Scheme Review (post April 2017 flood event).

Figure One – Photographic representation of spillway at Hydro Road

2.3 Project Delivery

In October 2020 Central Government granted the Council funding through Kānoa - Regional Economic Development & Investment Unit, for seven major flood protection projects across the region including the Rangitāiki Floodway Stage 6 and the Spillway. The funding was part of a national programme of work to build resilient river communities. As a significant funding partner Kānoa are keen to ensure any risk of further delays is reduced and that the Spillway project can progress as efficiently as possible. The most recent communication with Kānoa (letter dated 12 April and Council’s reply 20 April) on this matter is attached. Actions identified to support effective delivery of the project include the following.

1. Further community consultation on increased cost implications and reporting of community feedback to Council as part of funding decisions (this report).

2. Adoption of Spillway Upgrade Project Procurement Plan (attached).

3. That to the maximum extent possible the pre-purchase and storage of materials is undertaken to reduce sourcing time lags and increased costs for the project (e.g., radial gates manufacture, rock material, sheet piles and proprietary items).

4. To the maximum extent possible on-site preparatory works be undertaken to reduce potential time delays and increased costs for the project.

3. Considerations

3.1 Risks and Mitigations

The objective of the Rangitāiki Floodway is to reduce the known flood risk to community assets, property, and livelihoods. The delivery of the spillway project will enable the floodway project to be fully completed.

The advanced final design for the spillway has been a necessity to ensure as best as possible the consented discharge flow can be achieved without causing significant damage to the structure, cause uncontrolled flow into the floodway or adverse impacts for the community.

If additional funding is not approved the spillway as proposed cannot proceed.

Rangitāiki Floodway - Spillway Upgrade
Risk	Mitigation
Engagement – Final design not favoured	Additional public consultation event and process (15 April) has reinforced proposed design.
Timing – Works delayed (due to consent requirements, weather, or ground conditions)	Consent underway due June 2023. Prepurchase and storage of materials is to reduce sourcing time lags and increased costs for the project (e.g., radial gates manufacture). On site preparatory works be undertaken to reduce potential time delays and increased costs for the project. Mitigate conditions through construction methodology (e.g., shoulder season earthworks).
Budget – Tenders exceed budget	Engineering Estimate (input from Quantity Surveyor and including a 15% contingency) Provisions of NZS 3910:2013 Conditions of contract for building and civil engineering construction. BOPRC Approved Procurement Plan (as attached), two stage procurement process where appropriate (ROI and RFT).
Communications	Website project page, dedicated communications resource, local networks, and communication channels. Council reporting through Assurance and Risk Committee, Rangitāiki-Tarawera Rivers Advisory Group and to Kānoa - Regional Economic Development & Investment Unit.

3.2 Climate Change

The matters in this report are directly associated with reducing climate change impacts for our communities.

3.3 Implications for Māori

The spillway project has been the subject of direct consultation with Ngāti Awa and Ngāti Tūwharetoa (BOP) as part of the wider Rangitāiki Floodway Project throughout the various stages. Consultation has also been undertaken for resource consent and archaeological purposes.

Ngāti Awa and Ngāti Tūwharetoa (BOP) are supportive of the flood protection measures the Regional Council has undertaken and have planned, for the Rangitāiki River and surrounds.

The Council has a responsibility to manage the risks posed by our major rivers including the region’s major flood control and drainage schemes. Iwi and hapū have a strong interest in the long-term management of our rivers and waterways.

3.4 Community Engagement

CONSULT

Whakauiuia

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

The Rangitāiki Floodway project has been the subject of substantial consultation with the Rangitāiki River Communities. Specific consultation has been undertaken in respect of the spillway stage and the community is supportive of the proposal.

The increase to project parameters and consequent increased cost have been reported to the Rangitāiki-Tarawera Rivers Advisory Group and their feedback has been supportive subject to further community consultation.

A specific consultation event was held on 15 April 2023 to discuss the spillway design and estimated cost along with alternative options and targeted rate implications. The event was advertised via radio, the Beacon, Edgecumbe Collective, and Edgecumbe Development and Improvement Team (EDIT). Invitations were sent via mail or email to known Rangitāiki and Edgecumbe contacts. Ratepayers were also invited to respond via the online survey and Participate BOPRC.

Overwhelmingly the consultation supported the design as proposed (114m concrete fixed crest weir, three radial gates, erosion, and scour protection) and participants were understanding of the targeted rates impact. Thirty two properties were represented at the presentation event including both urban and rural. There was 100% approval for the fixed weir with contingency gates approach as opposed to the fixed weir only option.

Community consultation event 15 April 2023

Community feedback

3.5 Financial Implications

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

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

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

Spillway Item	Expenditure	Budget
Spillway spend all years and forecast to 30 June 2023		$1,500,000
Balance budget required to complete 2023/24		$5,300,000
Balance budget required to complete 2024/25		$1,000,000
Total budget provision required		$7,800,000
Spillway actual expenditure 2020/21	$3,500
Spillway actual expenditure 2021/22	$589,725
Spillway actual expenditure ytd 2022/23 and forecast	$906,775
Spillway remaining cost forecast to August 2024	$6,300,000
Total expenditure	$7,800,000

The current estimate to construct the final design is $7.8M, inclusive of all design, consenting, fees and contingency of 15%. This equates to actual scheme cost of $5.7M for the spillway as Kānoa approved funding is $2.1M. While additional funding has been requested for this project due to the increased cost and affordability of the scheme, feedback to date from Kānoa has not provided any assurances and it is unknown at this time if further funding will be available. The budget implications for river scheme rate payers assumes no additional Kānoa funding and are as follows.

4. Next Steps

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

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

The following next steps will ensure the Rangitāiki Floodway is completed by its target date of August 2024.

· Approval of Procurement Plan as attached.

· Consent granted – June 2023.

· Tender works – Spillway Civil Works, July 2023.

· Tender works - Spillway Mechanical and Electrical, July 2023.

· On site works from September 2023 to August 2024.

· Manage project to completion including regular reporting.

Attachments

Attachment 1 - Rangitaiki Floodway Spillway Upgrade Procurement Plan 2023 ⇩

Attachment 2 - 2023-04-12 Kanoa letter to BOPRC ⇩

Attachment 3 - 2023-04-20 CEO Response to further Kanoa Letter ⇩



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Elva Conroy, Acting Manager, Spatial Planning (Contractor) and Samantha Pottage, Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To outline the proposed structure and governance arrangements for the EBOP Spatial Plan project

Eastern Bay of Plenty Spatial Plan – Structure and Governance Proposal

Executive Summary

Spatial planning is underway within the Eastern Bay of Plenty to support and guide integrated future planning and investment decisions.

This paper provides an overview about the proposed structure of the project. A Project Governance Group will be established to enable the project to continue delivering to key milestones whilst maintaining appropriate multi-partner governance oversight.

Recommendations

That the Regional Council:

1 Receives the report, Eastern Bay of Plenty Spatial Plan – Structure and Governance Proposal;

2 Endorses the proposed structure of the project;

3 Confirms the appointment of a BOPRC representative, being ____________ and an alternate, being _______________ to the Project Governance Group.

1. Introduction

The Eastern Bay of Plenty is experiencing consistent annual population and economic growth and requires a spatial plan to support and guide integrated future planning and investment decisions. A spatial plan will help position the Eastern Bay of Plenty in the development of a Regional Spatial Strategy (RSS) and Infrastructure Strategies, the Three Waters Reform and facilitate central government investment priorities and planning.

Over the past year, BOPRC staff have been collaborating with Whakatāne and Kawerau Districts to prepare a spatial plan comprising their respective Districts. In December 2022, Ōpōtiki District Council opted to join the project, resulting in an expanded geographic scope.

The Eastern Bay of Plenty Spatial Plan project will have two complementary focuses and be staged as follows:

· 2023 ‘growth focus’, looking at land and infrastructure requirements for housing and business to inform the Land Transport Regional Plan and Long Term plans. It would identify placemaking focus areas.

· 2024 ‘broader outcomes focus’, looking at economic development opportunities, housing affordability, climate change future adaptation and resiliency, placemaking and revitalisation, blue-green networks, etc.

Community engagement is proposed in each stage.

1.1 Legislative Framework

The National Policy Statement – Urban Development (NPS-UD) has a range of requirements for urban planning decisions. It requires all tier 1, 2 and 3 TAs to provide sufficient development capacity to meet expected demand for housing and business in the short (1-3 years), medium (3-10 years) and long (11-30 years) term.

The Eastern Bay of Plenty covers the geographic area of three district councils in the Bay of Plenty: Kawerau, Whakatāne and Ōpōtiki. Whakatāne urban environment is a Tier 3 area. Under the NPS-UD, the joint preparation of the Spatial Plan is voluntary for Tier 3 areas.

1.2 Alignment with Strategic Framework

A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We look to partnerships for best outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

Working in partnership on the Eastern Bay of Plenty Spatial Plan contributes to all four well beings.

2. Project Partnerships and Structure

2.1 Project Partnership

The Spatial Plan will impact a wide range of our communities in the short-term to long-term. These communities have differing needs and aspirations and it is important that the Spatial Plan is developed in an inclusive and collaborative manner. For this reason, the following principles are in place:

· Give effect to the principles of the Treaty of Waitangi

· Genuine cooperation between Central Government, Local Government and Iwi, acting in good faith to pursue the best outcomes for the Eastern Bay of Plenty

· Multi-party collaborative decision-making

· Timely and efficient decision-making supported by integrated and aligned advice.

· Reflects the iterative nature of the Spatial Plan’s development and is flexible and adaptable.

· Operational and governance decision-making is split and reflects normal Council/Board delegations.

Effective and enduring partnerships between tāngata whenua, the Councils, and the Government will ensure the needs and aspirations of Eastern Bay of Plenty communities are understood and enable the Spatial Plan to focus on the critical interests of communities within the sub-region.

To ensure that the project and funding implications arising from the Spatial Plan can be implemented, the Spatial Plan will be developed collaboratively with government agencies including Waka Kotahi, the Ministry of Housing and Urban Development (MHUD), Kāinga Ora, and the Entity responsible for delivering three waters services/affordable water in the future.

2.2 Project Structure

Accordingly, the project will be structured as follows:

2.3 Project Governance

A Project Governance Group needs to be established to enable the project to continue delivering to key milestones whilst maintaining appropriate multi-partner governance oversight. In particular:

· Champion the views of the organisation on key decisions being sought.

· Collaborate to find a common agreed position.

· Present recommended way forward back to each organisation.

Council staff are seeking the appointment of a BOPRC elected member and an alternate to join the Project Governance Group. This could be the Chair; the Eastern Bay constituency member and/or Kōhi constituency member.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this paper.

3.2 Climate Change

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

3.3 Implications for Māori

The Project Governance Group will have tangata whenua representatives on it.

3.4 Community Engagement

Consultation and community engagement will be a key part of the development of the Eastern Bay Spatial plan.

3.5 Financial Implications

There are no direct financial implications resulting from these recommendations, particularly as we anticipate that this group will likely replace the Eastern Bay Joint Committee.

4. Next Steps

We understand a similar paper either has gone or is going to all partners for approval. Once all parties have appointed members, we anticipate an initial meeting to occur in June.



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Hamish Lass, Biosecurity Team Leader (Marine & Freshwater)
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To request approval from Council to enter a long-term partnership with Te Arawa Lakes Trust in respect of the provision of various environmental operations.

Te Arawa Lakes Trust Framework Agreement.

Executive Summary

Over the last few years Te Arawa Lakes Trust has built an operational team of kaimahi with a broad range of skills and whakapapa to the Te Arawa Lakes, able to deliver a range of environmental operations services across the rohe. The services this team can provide are key services required to help the Regional Council deliver its key objectives for our community across the Biosecurity and Rotorua Catchments activities of Toi Moana.

Te Arawa Lakes Trust are a Treaty Partner and key partner in the Rotorua Te Arawa Lakes Programme. They are a strategic Māori partner to Toi Moana and engaged them to undertake core services is a key contributor to Toi Moana’s strategic outcomes.

Until now, contracting of operational services with Te Arawa Lakes Trust has been done through a variety of short-term, one off and framework arrangements. Following discussion with Te Arawa Lakes Trust representatives, staff would now like to consolidate on-going provision of services through a longer-term commitment, under one overarching Framework Agreement to solidify this partnership.

Recommendations

That the Regional Council:

1 Receives the report, Te Arawa Lakes Trust Framework Agreement..

2 Notes that the expenditure facilitated by this proposed agreement is already approved as part of Regional Council activity budgets in the Long-Term Plan, and any applicable future plans.

3 Delegates to the Chief Executive, through acceptance of the Procurement Plan, the ability to approve the contract (including payments and contract variations) with Te Arawa Lakes Trust.

1. Introduction

On 18 December 2004, the Crown and Te Arawa signed a Deed of Settlement for Te Arawa Historical Claims over 14 Rotorua Te Arawa lakes.

That settlement included the following redress from the Crown:

• Acknowledgements and the apology given by the Crown to Te Arawa,

• Cultural Redress recognising Te Arawa traditional, historical, cultural and spiritual association with the lakes covered in the settlement, including the transfer of ownership of 13 lakebeds,

• Financial Redress,

• Annuity Redress.

Te Arawa Lakes Trust was established as a result of that Settlement with the Purpose of:

• The promotion amongst Te Arawa of the educational, spiritual, economic, social, health and cultural advancement or wellbeing of Te Arawa and its whānau.

• The maintenance and establishment of places of cultural and/or spiritual significance to Te Arawa.

• The promotion amongst Te Arawa of mental health and wellbeing of the aged or those suffering from mental or physical sickness or disability.

• Any other purposes that is considered by the Trustees from time to time to be beneficial to Te Arawa.

The Rotorua Te Arawa Lakes Strategy Group was also established as a result of that Settlement, consisting of elected representatives from three Partner agencies: Te Arawa Lakes Trust, Rotorua Lakes Council and Bay of Plenty Regional Council.

A large part of the work of Te Arawa Lakes Trust since its establishment has been to build the capability and capacity of the iwi to exercise kaitiakitanga over the Te Arawa Lakes. Part of this has been to stand up an operations team, with the support of Jobs for Nature funding and contractual arrangements for delivery of services to the Regional Council and other parties. The Trust has built an operations team with whakapapa to the Te Arawa Lakes and rohe to deliver a variety of key environmental services. The team are now well established and have received a number of acknowledgements for that work, detailed later in this report.

Te Arawa Lakes Trust are now looking for longer-term commitments from Toi Moana, to ensure the ongoing success of this team and provide certainty for staff and recruitment. A commitment from Toi Moana will help to ensure these things and also help Toi Moana meet key strategic objectives and deliverables. A proposal for a long-term contractual arrangement is outlined in this report, a contractual arrangement being the current tool available to staff to deliver the desired outcome.

1.1 Legislative Framework

There are no specific legislative requirements related to this procurement. Te Arawa Lakes Trust will be required to comply with applicable legislative and legal requirements as any Council contractor.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We recognise and provide for Te Mana o Te Wai (intrinsic value of water).
The Way We Work	We look to partnerships for best outcomes.

A strategic priority within the Bay of Plenty Regional Council Long Term Plan is working effectively with Māori in partnerships to deliver outcomes for the region.

Using iwi to deliver contracted services, for projects with approved funding in our Long-Term Plan, helps build capacity and capability of our iwi partners. It enables them to exercise kaitiakitanga in respect of natural resources and honour our obligations to iwi Māori.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

High - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

Building capacity for the provision of these services by iwi, keeps that contracted expenditure local. It supports capability and capacity building of iwi, provides development opportunities for local rangatahi, and connects people with the environment, reinforcing the values of our natural resources. The services to be provided under the contract proposed here are all approved within our Long-term Plan and would need to be contracted out to be delivered by Toi Moana.

2. Services Included In Proposed Contract

The proposed Framework Agreement approach sets out the umbrella contractual arrangements between the parties with individual work briefs under the Framework Agreement for specific pieces of work.

Below is a list and brief details of the work that would be included in the proposed Framework Agreement. Much of this work is currently carried out by the Trust. We anticipate that if in the future other types of services are identified to be provided by the Trust these would be added to the agreement by variation.

Once the Framework Agreement is established individual work briefs would be agreed for pieces of work (within the scope of the agreement). Each work brief would set out the required services, deliverables, fees and any KPIs or additional contractual requirements. Work briefs could be for varying durations and values within the overall term and scope of the Framework Agreement.

Detailed below are the key services that will be delivered under the proposed agreement.

2.1 Catfish Killas project

This project lead by Te Arawa Lakes trust staff aims to increase community awareness of freshwater biosecurity (including, but not limited to, the recent catfish incursion) in the Rotorua Te Arawa Lakes and facilitate volunteers to undertake pest fish and pest weed control and surveillance.

This project has 3 deliverables:

· Engagement with marae/hapū and wider community through community engagement and educational lessons.

· Delivery of educational lessons to schools across the Te Arawa rohe.

· Engaging with the community at events and increasing the social media presence of the Te Arawa Catfish Killas.

2.2 Catfish surveillance and netting

Te Arawa Lakes Trust staff undertake pest fish surveillance and control for Brown Bullhead Catfish in the Rotorua Lakes. The deliverables of this project are:

· Baiting, setting and retrieving up to 40 fyke nets per day in pre-determined locations on the Rotorua Lakes by the Bay of Plenty Regional Council.

· Accurately recording and counting all species present in the nets.

· All data captured will be required to be submitted to Bay of Plenty Regional Council through an app provided by Regional Council within 14 days of the catch being retrieved.

2.3 Boatramp compliance and self-certification

Te Arawa staff undertake vessel and trailer inspections at selected boat ramps in the Rotorua Te Arawa Lakes to ensure vessels are not transporting aquatic pests and awareness of freshwater biosecurity is increase by recreational lake users and that the people in charge of vessels have self-certified that they have checked and cleaned their vessel of any pest.

The deliverables of this project are:

· Undertake self-certification inspections in line with rule 7 of the Bay of Plenty Regional Pest Management Plan and SOP’s issued by Bay of Plenty Regional Council, including the replenishment of certification forms at boat-ramps

· Undertake boat ramp inspections in line with rule 7 of the Bay of Plenty Regional Pest Management Plan and SOP’s issued by Bay of Plenty Regional Council.

· Ensure all data is entered into BOPRC data management systems.

· Enhance existing relationships already established with recreational lake users.

· Liaise with BOPRC to transfer information from community to trial new approaches to freshwater biosecurity compliance.

· Partner with BOPRC for events where advocacy is required.

2.4 Pest Plant Control

Services associated with pest plant control can assist the land management and biosecurity teams with objectives around biodiversity, land use change and the deliverables under the Regional Pest Management Strategy. This part of the service delivery of Te Arawa Lakes Trust includes:

• Surveillance and monitoring services for pest plants to identify and geospatially capture pest plants – this will help inform best pest plant control methods and to monitor the success of pest plant control operations.

• The control of pest plants for the purpose of biodiversity restoration and protection.

• The control of pest plants using appropriate techniques to ensure the success of revegetation projects.

• Assist with the control of target species under the Regional Pest Management Strategy.

2.5 Restoration Planting Services

This deliverable includes native plant establishment and maintenance on farm land and within Priority Biodiversity Sites through Environmental Programmes between landowners, care groups and Toi Moana.

This mahi has three deliverables:

• Site preparation to prepare the planting site so it is ready for native plants and to ensure a successful establishment (e.g. spot spraying).

• Planting native trees using best techniques to ensure successful establishment.

• Plant release services to make sure the planted natives are not outcompeted by pest plants or pasture.

2.6 Lake Outlet Maintenance and Monitoring

Lake Outlets (Ōkāreka, Rotomahana, Rerewhakaiitu) are maintained by Toi Moana. Te Arawa Lakes Trust will provide the following services in relation to these outlets:

1. Stream erosion inspections.

2. Canal spraying and clearance.

3. Outlet inspections (regular/earthquake and rainfall).

4. Hand maintenance of culverts and outlets (obstruction removal).

5. Ecological monitoring.

6. Cultural monitoring.

2.7 Weed harvesting

These activities relate to the removal of weed across the Te Arawa Lakes, using the weed harvester for in-lake weed removal as provided for within the Long-Term Plan (for nutrient removal on Lake Rotoehu and for public amenity reasons in other areas) and by hand as-required for public amenity reasons from time-to-time. The deliverables include:

1. Training to operate weed harvester in Lake Rotoehu,

2. Operation of harvester under supervision on other lakes as necessary,

3. Hand removal of weeds occasionally from any lake.

2.8 Lake Ōkaro alum dosing

1. Support dosing the lake twice per year.

2. Sampling assistance.

2.9 Lake Ōkaro wetland and detention bund maintenance:

1. Assist landowners maintaining weeds in wetland.

2. Undertaking inspections of wetland and detention bund.

2.10 Boat support

Te Arawa Lakes Trust own and operate a surveyed vessel with skippers and this is useful for a variety of work to support Lakes Operations functions, where Regional Council vessels may not be available or suitable.

3. Proposed Term and Value of Framework Agreement

The above list outlined in Section 2 is not an exhaustive list of activities that may be completed under the agreement, over the proposed term of the agreement we expect the activities will adapt as those activities funded by the Regional Council are able to be undertaken by Te Arawa Lakes Trust change and grow.

To give Te Arawa Lakes Trust the certainty and partnership status they seek as part of this agreement, we are proposing a 10-year term for the agreement with a maximum value of $12 million. We note that expenditure may be less in the earlier years of the agreement. As costs are affected by inflation over the term of the agreement the annual costs will increase.

To reiterate, we are not seeking here additional budget to what is already approved as part of Council’s budget setting processes through the Long Term and Annual Plan, they will still continue. What is proposed here is that activities that are approved and funded as part of those plans may be contracted to Te Arawa Lakes Trust, provided they have the skills and ability to do the work in accordance with the contractual arrangements and work briefs negotiated for each piece of work. If this contract was not awarded to Te Arawa Lakes Trust the work would still be undertaken, contractors would be chosen using a competitive procurement process.

A preferential arrangement as proposed here is sought by Te Arawa Lakes Trust for a range of activities as they are the Treaty settlement partner that has a key statutory role including as owner of the lake beds. Toi Moana has strategic objectives which it seeks to achieve in enhancing these partnerships.

4. Acknowledgements

Since its establishment the Te Arawa Lakes Trust operations team have achieved a variety of acknowledgements for their environmental work, which attest to their achievements and ability to deliver the outcomes that Toi Moana are looking for. These are outlined below:

4.1 2019 Biosecurity Awards

In 2019, the Te Arawa Catfish Killas won the Pihanga Award for the NZ Biosecurity Awards. This category was for community involvement in the project. At the time, there were 16 schools involved in the project and nearly 500 volunteers. TALT also won the Supreme award that year.

The project highlighted the work of both TALT and BOPRC, recognising the partnership of both organisations.

4.2 2020 SOLGM Awards

In 2020, TALT and BOPRC were recognised again for working together. This was for the Te Arawa Catfish Killas again. TALT took out the Bicultural Award category and also the Supreme Award that year. Again, this highlighted the partnership between BOPRC and TALT and how collaboration can be successful.

4.3 2021 Future Visions for the Taiao Award

In 2021, TALT entered into the Future Visions for the Taiao National Video Challenge. The competition had seven categories. TALT won first place in the Pakeke Category. The video highlighted the work of the community in the taiao around Rotorua and featured volunteers and residents of Rotorua. It looked at restoration, biosecurity and climate change.

https://www.youtube.com/watch?v=xrR9faqrHRs&list=PLMeHOXj6MgSkZKWb-MWYgfF1kdD4aqVJz&index=8

4.4 2022 Biosecurity Awards

In 2022, TALT won the Māori category in the NZ Biosecurity Awards. This was to recognise the growing presence of TALT in the biosecurity space and included catfish, Uwhi, boat ramp inspections and wetland work. All of this work has been done alongside and with support from Toi Moana.

5. Considerations

5.1 Risks and Mitigations

A long-term contractual arrangement could pose a risk to Toi Moana if Te Arawa Lakes Trust was not a reliable or suitable contractor. Based on our experience in relation to this work, this is not the case. This risk is also minimised as the proposed agreement is based on a Toi Moana standard legal template and will be tailored with assistance from the legal team. The Trust will comply with all usual Toi Moana contractor requirements including Health & Safety, insurance and legislative compliance. The standard terms include provisions related to contract management, KPI review, dispute resolution, and contractual breach.

5.2 Climate Change

Keeping the provision of services in the Te Arawa rohe local reduces travel costs and impacts. Many of the services being provided as part of this agreement support climate change mitigation and adaption such as planting restoration, lake outlet maintenance etc.

5.3 Implications for Māori

The recommendations of this report are intended to positively impact Māori, thereby meeting a key strategic objective of Toi Moana. Establishing a long-term service agreement with a key iwi Partner and Treaty Settlement entity such as TALT will support the Trust to continue to grow iwi capability and capacity and to provide environmental services which the Toi Moana are committed to funding through their Long-Term Plan.

5.4 Community Engagement

Engagement with the community is not required as the recommended decision as this has already been undertaken within the requirements of Local Governement Act budgeting and funding allocation requirements.

Budget expenditure to which this proposed agreement relates is approved through the Long Term and Annual Plan processes which include community engagement and feedback as prescribed by the Local Government Act.

5.5 Financial Implications

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

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

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

The projects proposed to be included for delivery in this agreement all have budget approved as part of Council’s Long Term Plan (and any future plans). The framework agreement simply provides the ability to efficiently engage Te Arawa Lakes Trust for the work, provided the funding is committed to each project through the Regional Council’s usual budgeting and approval mechanisms.

6. 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.

Should Council approval be received for the recommendations of this report, staff will negotiate contract terms and conditions with Te Arawa Lakes Trust in accordance with our standard procedures.

The final contract will be approved by the Chief Executives of both organisations.

Attachments

Attachment 1 - TALT 10 year procurement plan pdf - CI Edits ⇩



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Lucy Holden, Senior Planner and Rachel Boyte, Legal Counsel
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To seek decisions on Freshwater Hearing Panel recommendations on Proposed Change 5 (Kaituna River) to the Regional Policy Statement

Recommendations on Proposed Change 5 (Kaituna River) to the Regional Policy Statement

Executive Summary

The Freshwater Hearing Panel (the Panel) for Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement has heard and considered submissions. We present the Panel’s recommendations so Council can decide whether to accept or reject the recommendations. Key matters to note include:

· An overview of the Panel’s recommendations with reasons, and the staff response, is in Supporting Document 1 to this report.

· The Panel did not adopt all staff recommendations. However, staff accept the Panel’s recommendations and reasons for adopting or not adopting staff recommendations.

· Staff recommend that Council accepts the Panel’s recommendations.

· Regional Council must publicly notify its decisions on Proposed Change 5 no later than 40 working days after being provided with the Panel’s recommendations, which is 15May 2023.

· This report should be read with the Panel’s recommendation report (Supporting Documents 2, 3 and 4 to this report).

Recommendations

That the Regional Council:

1 Receives the Freshwater Hearing Panel’s recommendations (Supporting Documents 2, 3 and 4 to this report).

2 Accepts all Hearing Panel recommendations (as summarised in Supporting Document 1 and detailed Supporting Documents 2, 3, and 4 to this report).

3 Delegates to the General Manager Strategy and Science the power to make amendments to Proposed Change 5 where such an alteration is of minor effect or is to correct minor errors.

4 Approves public notification of its decisions on Proposed Change 5 (Kaituna River) to the Regional Policy Statement.

5 Notes that on and from the date the decisions are publicly notified, the Regional Policy Statement is amended in accordance with the decisions on Proposed Change 5 (Kaituna River).

1. Introduction

Bay of Plenty Regional Council Toi Moana has proposed a change to the Regional Policy Statement to recognise and provide for the vision, objective, and desired outcomes in Kaituna, He Taonga Tuku Iho (the Kaituna River Document), consistent with its obligations under the Tapuika Claims Settlement Act 2014 (the Settlement Act). Proposed Change 5 (Kaituna River) to the Regional Policy Statement (Proposed Change 5) relates to the maintenance or enhancement of the quality and quantity of freshwater. The change is focussed on the health and wellbeing of the Kaituna catchment and the interconnection between the river and tāngata whenua.

The Proposed Change 5 Freshwater Hearing Panel (the Panel) comprised Antoine Coffin (Chair, appointed by the Chief Freshwater Commissioner), Rawiri Faulkner (tangata whenua nominee) and Councillor Andrew von Dadelszen (Council nominee). The Panel heard and considered submissions and produced a hearing report containing its recommendations.

Overall, submitters supported the proposed change, but some sought amendments to address their concerns and interests.

The hearing, site visit and expert planner conferencing were held during October and November 2022. At the time of the hearing there remained several outstanding issues between the parties. These matters were the focus of the Panel’s report. The Panel noted that it was mindful that further Regional Policy Statement changes in response to the National Policy Statement for Freshwater Management 2020 (NPS-FM) are coming soon.

The Panel in its report acknowledged the late Moana Boyd, who played a significant role in preparing Proposed Change 5.

1.1 Legislative Framework

Proposed Change 5 is based on a requirement of the Settlement Act (section 123), which requires the Regional Policy Statement recognise and provide for the vision, objective, and desired outcomes in the Kaituna River Document where they relate to the region’s resource management issues and are consistent with the purpose of the Resource Management Act 1991 (RMA) (Figures 1 and 2).

The RMA (sections 61-62) provides direction on the matters Regional Council must consider when changing a regional policy statement.

Proposed Change 5 was the first in New Zealand to follow the RMA Freshwater Planning Process. This process applies because the change relates primarily to freshwater. The Freshwater Planning Process provisions are in Section 80A and Part 4 of Schedule 1 to the RMA. The process is overseen by the Chief Freshwater Commissioner.

Figure 1: Statutory context for Kaituna River Document and Proposed Change 5.

Figure 2: How Proposed Change 5 relates to the Settlement Act and the RMA.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
The Way We Work	We honour our obligations to Māori.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

Low - Positive

¨ Economic

Environmental impacts

Proposed Change 5 will support a wider programme including Te Tini a Tuna (the Kaituna Action Plan) and implementation in regional and district plans to manage ongoing environmental effects into the future. The most significant effects will be in relation to improving water quality, sustainable allocation and efficient use of water, and the restoration, protection and enhancement of indigenous aquatic, riparian and wetland vegetation and habitats.

Cultural impacts

Proposed Change 5 is required to recognise and provide for the vision, objectives and desired outcomes of a Treaty Settlement co-governance document and is therefore of high significance to iwi and hapū in the Kaituna River catchment. Tapuika iwi, whose treaty settlement includes obligations to undertake this Regional Policy Statement change, established Te Maru o Kaituna River Authority (Te Maru o Kaituna) co-governance entity and developed the Kaituna River document. Provisions in Proposed Change 5 acknowledge traditional and contemporary relationships that iwi and hapū in this catchment have with the Kaituna River, including sites and resources of cultural significance, taonga, natural resources and the exercise of kaitiakitanga.

Social impacts

Proposed Change 5 largely relates to recognising and providing for kaitiakitanga, stewardship, restoration of water quality and mauri, sustainable water and land use and the restoration, protection and enhancement of wetlands, aquatic and riparian ecosystems. This will have benefits for the whole community.

2. Proposed Change 5 to the Regional Policy Statement

2.1 Background

2.1.1 Notification of hearings and council officer reports

Full details of the Proposed Change 5 background and process are in the Panel’s recommendation report (Supporting Document 2 to this report).

As a brief overview, Proposed Change 5 was publicly notified on 29 June 2021. Fifteen submissions were received. One was late and was accepted (under sections 37 and 37A of the RMA). Further submissions closed on 9 November 2021, with eight received. Further information and all documents related to Proposed Change 5 are on the Regional Council’s website:

Proposed Change 5 (Kaituna River) (boprc.govt.nz)

Key dates:

29 June 2021 Notification of Proposed Change 5

10 August 2021 Submissions closed

9 November 2021 Further submissions closed

30 August 2022 Overview Report of Submissions released

11 October 2022 Hearing held

11 November 2022 Hearing closed

14 March 2023 Recommendation Report to Council received

15 May 2023 Council’s decisions required to be publicly notified

2.1.2 Council to make decisions on recommendations

Council must decide whether to accept or reject each recommendation in the Panel’s recommendation report (under clause 52 of Schedule 1 of the RMA).

If Council rejects a Panel recommendation, it must decide an alternative solution and provide a further evaluation of that alternative (section 32AA of the RMA). Staff recommend all the Panel’s recommendations are accepted, so this report does not propose or assess any alternative solutions.

Council must make decisions in a manner consistent with any relevant iwi participation legislation, Mana Whakahono a Rohe, or joint management agreement. The Settlement Act is relevant iwi participation legislation. No joint management agreement or Mana Whakahono a Rohe applies.

Regional Council must publicly notify its decisions no later than 40 working days after being provided with the Panel’s recommendations, which is 15May 2023.

2.1.3 Appeals

Appeal rights are restricted compared to the standard plan-making process (under Clauses 55 and 56 of Schedule 1 of the RMA). Avenues for appeal depend on whether the Council accepts or rejects the Panel’s recommendations.

Where Council accepts the Panel’s recommendation, a person who submitted on that matter can only appeal to the High Court on a point of law. It is only where the Council rejects the Panel’s recommendation that a merit appeal is available to the Environment Court.

2.2 Proposed Change 5: Hearing Panel’s recommendations

The Panel’s recommendations and staff comments on the recommendations are summarised in Supporting Document 1 to this report. Supporting Document 1 should be read with the Panel’s reports (Supporting Documents 2, 3 and 4 to this report).

2.2.1 Section 32A and 32AA evaluation reports

The Panel considered the requirements of section 32AA of the RMA in examining whether the amendments to Proposed Change 5 they recommended are the most appropriate ways to achieve the objectives of the Regional Policy Statement. The Panel confined their consideration to options presented in submissions or in the s42A Report, and to combinations or refinements of them. Further:

· The Panel’s recommendations mostly retained Proposed Change 5 wording as notified (as supported by the section 32A Report for the notified version).

· Where experts agreed to changes through planner caucusing (in the Joint Witness Statement), the Panel agreed to the changes except where they preferred the notified version (again supported by the original section 32A report).

· Where the Panel agreed to changes to the notified version of Proposed Change 5 as recommended by the Reporting Officer, the Panel relied on the Reporting Officer’s section 32AA report.

3. Considerations

3.1 Risks and Mitigations

Significant investment and work have already been funded and undertaken, or committed to, by Regional Council and Te Maru o Kaituna to implement the actions in the Kaituna Action Plan. This plan is intended to deliver on the vision, objectives, and desired outcomes of the Kaituna River Document over ten years (2019 to 2029). When combined, this work has reduced the level of uncertainty and risk associated with Proposed Change 5. The added benefit of Proposed Change 5 is to embed the Kaituna River Document vision, objective, and desired outcomes into the Regional Policy Statement, which will in turn influence regional and district plan changes and provide more clarity for assessment of resource consents affecting the Kaituna River.

3.2 Climate Change

The Kaituna River Document identifies pressure on the Kaituna River, from land use intensification, urban growth, and climate change, as a key issue facing the catchment that Proposed Change 5 seeks to respond to. Proposed Change 5 will support environmental improvement, including the Kaituna Action Plan and implementation in regional and district plans. The key environmental benefits will be water quality improvement, sustainable allocation and efficient use of water, and the restoration, protection and enhancement of indigenous aquatic, riparian and wetland vegetation, and habitats. These environmental improvements contribute to climate change mitigation and adaptation.

3.3 Implications for Māori

Proposed Change 5 is highly significant to tangata whenua in the Kaituna River catchment, given the origin and subject matter of the Kaituna River Document. Proposed Change 5 was drafted to meet the requirements and obligations of the Tapuika Claims Settlement Act 2014. For iwi, hapū and whānau of the Kaituna River catchment, the river and its tributaries are taonga, valued for their clean water, healthy ecosystems, unique landscape, and natural beauty as well as recreational and cultural values. Restoring, protecting, and enhancing the health and well-being of the Kaituna River was a matter of fundamental concern to Tapuika iwi in the negotiation of their Treaty Settlement.

Proposed Change 5 refines the policy framework and articulates how the matters are to be addressed within the Kaituna River catchment. District and regional plans will need to give effect to, and resource consents decision making processes will need to have regard to, the resulting Regional Policy Statement policy framework.

3.4 Community Engagement

INVOLVE

Whakaura

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

Please refer to the ‘Introduction and Background’ of the Freshwater Hearing Panel’s recommendation report, attached as Supporting Document 2 to this report, for the details of community engagement undertaken in preparing Proposed Change 5.

3.5 Financial Implications

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

3.5.1 Future Budget Implications

Additional funding may be required if an appeal requires a court hearing to resolve. Staff will assess whether the budget is sufficient if/when an appeal is received.

4. Next Steps

Council must decide whether to accept or reject each recommendation in the panel’s recommendation report.

Regional Council must publicly notify its decisions on Proposed Change 5 no later than 40 working days after being provided with the panel’s recommendations, which is 15May 2023.

Attachments

Supporting Document 1 - Staff summary of Panel's recommendations ⇩

Supporting Document 2 - Freshwater Hearing Panel recommendation report ⇩

Supporting Document 3 - Freshwater Hearing Panel report Appendix 1: PC5 Panel recommendations ⇩

Supporting Document 4 - Freshwater Hearing Panel report Appendix 2: Panel recommendations on submissions ⇩



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Lisa Power, Senior Planner
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	This report recommends minor amendments to the Regional Pest Management Plan to reflect recent changes in the pest management landscape.

Minor Amendments to the Regional Pest Management Plan

Executive Summary

The Bay of Plenty Regional Pest Management Plan (RPMP), developed under the Biosecurity Act 1993 (the Act), is the key policy document that guides pest management in our region. It became fully operative on 7 December 2021 and has effect for 10 years from that date.

Since the RPMP came into effect, a new national pest management plan has been introduced to protect kauri, staff have experienced implementation issues with Rule 7 and the Latin name for koi carp has changed.

This report proposes minor amendments and additions to the RPMP to reflect these changes and improve implementation.

The Act makes provision for minor amendments to the RPMP as a straightforward process. Staff consider there is more benefit by amending the RPMP now rather than waiting until the mandatory 10 year review.

Recommendations

That the Regional Council:

1 Receives the report, Minor Amendments to the Regional Pest Management Plan.

2 Approves the minor amendments recommended in this report and set out in Appendix 1.

1. Introduction

Since the Regional Pest management Plan (RPMP) came into effect:

· a new National Pest Management Plan (NPMP) to manage kauri dieback (Phytophthora agathidicida) was released

· staff are experiencing implementation issues with the self-certification requirements to manage freshwater pests

· the official Latin name for koi carp has changed.

This report recommends minor amendments to the RPMP to address these issues in favour of initiating a plan review or waiting until the RPMP’s mandatory review (due by 2031).

Staff have also encountered operational issues with wilding conifer provisions. The National Wilding Conifer Programme, led by Biosecurity New Zealand are reviewing guidance to support rules that manage wilding conifers. Staff will report back implications of this review on the RPMP.

1.1 Legislative Framework

The Biosecurity Act 1993 (the Act) provides for the development and implementation of RPMPs.

Council must review the RPMP when it has been in force for 10 years. Before the RPMP ceases to have effect (after 10 years) Bay of Plenty Regional Council (Council) may review any part of it if circumstances or management objectives have changed sufficiently (Section 100D(2)(b)). Review requirements are set out in the Act and they are similar to comprehensive statutory processes for a plan change under the Resource Management Act 1991.

The Act also provides for minor amendments to a RPMP (Section 100G(4)). Any minor amendment must not significantly affect any person’s rights and obligations, and or be inconsistent with the National Policy Direction for Pest Management 2015. Proposed amendments in this report meet the minor amendment criteria in the Act.

Full Council (rather than a Committee) needs to approve such amendments as the Act expressly provides that the power to make, review, amend, or revoke an RPMP cannot be delegated in relation to a RPMP (Section 100H(b)).

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
The Way We Work	We continually seek opportunities to innovate and improve.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

¨ Cultural

¨ Social

¨ Economic

2. Proposed amendments to the RPMP

2.1 Phytophthora agathidicida (PA) Kauri dieback

Kauri dieback was not originally included as an RPMP pest on the basis that a NPMP was being developed and Council would not be the lead agency. This approach was consistent with other pests that had nationally led responses such as velvet leaf.

However, through negotiations on the Royal Forest and Bird Protection Society of New Zealand’s application to the Environment Court, Kauri dieback was included as an exclusion pest (See report Regional Pest Management Plan: Implementing direction from Environment Court). The inclusion of kauri dieback means Council undertakes surveillance and if any incursion is detected in the region, Council will lead its control. Kauri dieback is also subject to the generic rules in the RPMP which seek to manage human actions that distribute, move and spread pests within the region.

On 2 August 2022, an NPMP for the protection of kauri came into force. The purpose of this NPMP is to help protect kauri from the soil-borne pathogen Phytophthora agathidicida (PA), which causes kauri ‘dieback’ disease. Note there has been a shift in terminology and the Latin name is now used instead of kauri dieback. To Māori ‘dieback’ is negative and focuses on sickness rather than keeping kauri healthy.

A new Kauri Protection team called Tiakina Kauri has been established as the management agency charged with implementing the NPMP. The NPMP includes ten new rules/regulations covering stock exclusion, entering kauri forests, growing and moving Kauri trees, reporting sick trees and earthworks. Enforcement provisions are also included in the NPMP.

Staff consider there is no inconsistency between the NPMP and the RPMP[1]. Rather there are additional requirements under the NPMP which occupiers may not be aware of. For example, Rule 1 requires an occupier to report any signs of PA to the relevant management agency.

Staff considered removing PA from the RPMP. Although this approach would be consistent with management of other pests that have other lead agencies, removing PA may go against good faith agreements reached through appeal negotiations. There is also a risk that NPMP implementation won’t happen immediately. By keeping PA listed as a pest in our RPMP, Council has some ability to require action.

Staff recommend leaving PA in the RPMP and including references in the RPMP so plan users are aware of new NPMP requirements. Given any person will be required to comply with the rules in the NPMP, any amendments to the RPMP (including reference to the NPMP and clarification on who will lead service delivery) will not significantly affect anyone’s rights and obligations.

Minor amendments to include references to the NPMP are proposed for Section 2.3, Table 3 and Appendix 3 of the RPMP. These are set out in Appendix 1 of this report.

2.2 Self-certification checkpoints

Currently Rule 7(4) of the RPMP requires occupiers (skippers) using a boat ramp with a self-certification checkpoint to certify their boat has been checked and cleared of any freshwater pest plant fragments and that any water on the vessel or craft has been drained before it is launched. The RPMP provisions are drafted so that the required self-certification is in paper form.

Since implementation of this rule, staff have received feedback from lake users that this system is less than optimal.

Reasons given include:

· It is time consuming

· No forms or pens are in the self-certification box (despite Council contractors replenishing the boxes every two weeks)

· Vandalism of self-certification boxes.

On this basis staff have identified a need to provide for electronic self-certification.

Note staff also recommend requiring the vessel to be clear of any freshwater pests (not just plant pests).

Minor amendments are proposed to Rule 7 and the accompanying definition of self-certification checkpoints to allow for an electronic version self-certification. These amendments are set out in full in Appendix 1 to this report (note the website address will be confirmed when the electronic version is available online).

2.3 Koi Carp

Koi carp, Cyprinus carpio, is included in the RPMP. A growing body of research on taxonomic classification of Koi carp in New Zealand indicates that the species of Koi carp we have here in New Zealand is of an Asian lineage called Cyprinus rubrofuscus, rather than the European lineage Cyprinus carpio as previously thought.

A recent declaration of the Cyprinus rubrofuscus species as an Unwanted Organism on the Ministry for Primary Industry’s Unwanted Organisms Register has brought about implications for Regional Council’s where legislative documents refer to koi under the old name Cyprinus carpio. There is a need to update the RPMP in accordance with national policy direction.

Amending the scientific name for koi carp will ensure that the RPMP aligns with the recent declaration of Cyprinus rubrofuscus as an unwanted organism on the Ministry for Primary Industry’s Unwanted Organisms Register. It is important to have the correct name when requiring action and enforcement purposes.

Amendments are proposed to change the scientific name for koi carp in the RPMP from Cyprinus carpio to Cyprinus rubrofuscus in Tables 1, 2 and 3.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with the minor amendments being proposed to the RPMP. Staff consider there is some risk if amendments are not made. The risk of doing nothing is discussed in Section 2 of this report but can be summarised as not aligning with national direction and missing an opportunity to make rules easier to implement.

3.2 Climate Change

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

3.3 Implications for Māori

Implications for Māori were comprehensively considered throughout the development of the RPMP. The matters addressed in this report are of a procedural nature and previous analysis on implications for Māori remain unchanged.

3.4 Community Engagement

Consultation and community engagement were a significant part of developing the RPMP. The proposed amendments in this report are minor and do not change the intent of the RPMP that was consulted on. There are no procedural requirements to be satisfied in relation to making minor amendments to the RPMP.

3.5 Financial Implications

The recommendations in this report help align the RPMP with national direction and aid rule implementation and interpretation. Staff consider there are no direct financial implications resulting from these recommendations.

4. Next Steps

If council agrees to the minor amendments proposed in this report, the RPMP will be updated accordingly. Known plan holders will be informed and an update will be made to the website and the online version of the RPMP.

Attachments

Attachment 1 - Proposed minor amendments to the Regional Pest Management Plan ⇩



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Yvonne Tatton, Governance Manager and Davina Cochrane, Senior Advisor
Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Purpose:	To endorse the Council’s integrated committee work programme for 2023

2023 Integrated Committee Work Programme

Executive Summary

Following a meeting to discuss the core committees’ 2023 work programmes, Councillors requested all key committees’ work programmes be incorporated into one document, identifying those that are legislatively required.

Recommendations

That the Regional Council:

1 Receives the report, 2023 Integrated Committee Work Programme.

2 Endorses the 2023 Integrated Committee Work Programme as identified in Attachment 1 of this report.

3 Notes that the Integrated Committee Work Programme will be monitored and reviewed for effectiveness and will inform the governance structure review to be undertaken late 2023 and reported back to Council early 2024.

1. Introduction

Committee Chairs, interested Councillors and Committee Champions met on 16 March to discuss the various core committees’ work programmes for the year. Rather than have individual work programmes for each committee, Councillors requested that the committee work programmes be integrated and show alignment with Council’s strategic outcomes.

1.1 Alignment with Strategic Framework

While this report is an administrative only report the various committees work across all aspects of the Council’s Strategic Outcomes: A Healthy Environment; Freshwater for Life; Safe and Resilient Communities; A Vibrant Region and The Way We Work.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

While the report is of an administrative nature, committee work programmes cover all community well-beings.

2. 2023 Integrated committee work programme

2.1 Identified regulatory/legislative items

The integrated committee work programme was developed as a request from Councillors to have a summary overview of the core committees’ work programmes which highlighted how each item linked to and supported the Council’s strategic framework. Councillors also requested that items associated with a regulatory or legislative process were easily identifiable. The integrated committee work programmes are shown in Attachment 1.

Each item is colour coded to the relevant committee, listed by the relevant strategic outcomes. Where known items associated with a regulatory/legislative process – e.g. plan changes, bylaws, compliance and monitoring are identified with a red border.

Items that are clearly noted as ‘updates’ with no decision required based on the current information, are not identified as a “legislative requirement” (i.e. Plan Change updates, Action Plan updates, Essential Freshwater Programme updates, engagement & other progress, Rates Collection update etc). The exception to this is a few items within the Monitoring and Operations Committee where the ‘updates’ are their form of monitoring, which is legally required (i.e. Mt Maunganui Industrial Area Update – NESAQ requirement).

It is worth noting that the nature of the work programmes mean that they are quite high level given that they are set at the start of the year. Agenda items will develop and change over the year as things progress and/or pivot where legislation, policy/government direction changes.

2.2 Monitoring and review of committee work programmes

A monitoring and review process will be undertaken to ensure committee work programmes are updated and effective in their delivery towards achieving the Council’s strategic outcomes. This will also inform the governance structure review to take place towards the end of 2023 and reported back to Council early 2024.

3. Considerations

3.1 Risks and Mitigations

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

3.2 Climate Change

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

3.3 Implications for Māori

The matters in this report are for administrative purposes only.

3.4 Community Engagement

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

3.5 Financial Implications

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

4. Next Steps

Once endorsed by Council, the integrated committee work programme will be updated for accuracy and monitored by the Committee Chairs/Deputy Chairs and Committee Champions to ensure the data is relevant and meaningful for the governance structure review to be undertaken towards the end of 2023.

Attachments

Attachment 1 - .DRAFT 2023 BOPRC Integrated Committee Work Programme_wider legal requirements ⇩



Report To:	Regional Council
Meeting Date:	4 May 2023
Report Writer:	Shay Dean, Environmental Scientist
Report Authoriser:	Pim De Monchy, Coastal Catchments Manager Chris Ingle, General Manager, Integrated Catchments
Purpose:	To update Council on development of new Environmental Programme for Whakatāne and Ōhope Sites.

Update on Whakatane and Ohope Sites Environmental Programme

Executive Summary

Council has been a co-funding partner with Te Rūnanga o Ngāti Awa, Ngāti Awa Group Holdings, Te Tapatoru a Toi, Whakatāne Kiwi Trust, Kevin and Julia Dodds, the Department of Conservation and Whakatāne District Council for the last twelve years, investing approximately $2.2 million into an Environmental Programme (EP) as part of efforts to achieve our regional biodiversity goal.

The Whakatāne and Ōhope Sites EP has largely achieved its goals and objectives relating to protection and enhancement of ecological integrity with the project sites, as well as contributing social and cultural outcomes.

Pest animal control has reduced pest animals to low levels resulting in improvements to native bird populations and forest health. Anecdotal evidence suggests additional improvements in invertebrate and lizard populations.

The current five-year EP contract is due to expire on 30 June 2023. Development of a new EP for the next five years is underway, but a six-month extension has been approved in principle (subject to confirmation of partner contributions) to provide more time for hapū consultation and engagement.

Staff expect to bring a new EP document to Council before the end of the calendar year which would sustain our current funding contribution of $1.1 million over five years (subject to confirmation of partner contributions).

Recommendations

That the Regional Council:

1 Receives the report, Update on Whakatane and Ohope Sites Environmental Programme.

1. Introduction

Bay of Plenty Regional Council is a proud partner and funder of the Whakatāne and Ōhope Sites Environmental Programme (EP). This EP aims to protect and enhance the ecological integrity of six sites on public and private land:

· Ōhope Scenic Reserve (489ha),

· Kohi Point Scenic Reserve (192ha),

· Mokorua Bush Scenic Reserve (238ha),

· Waiotane Scenic Reserve (255ha),

· Dodds QEII Covenant (12.4ha), and

· Ngāti Awa Kawenata (110ha).

Partners to the EP include Bay of Plenty Regional Council, Te Rūnanga o Ngāti Awa, Te Tapatoru a Toi, Ngāti Awa Group Holdings Limited, Whakatāne District Council, Department of Conservation (DOC), Kevin & Julia Dodds, and Whakatāne Kiwi Trust.

This EP is the largest in the region, by dollar value, with Council having committed $1.1 million to the programme over five years, and other partners committing a further $1.04 million in cash or volunteer resource (see Table 1 below for further detail). The partners’ investment funds a work programme that protects the ecological integrity of the sites, including pest-plant control and intensive predator control targeting possums, mustelids, feral cats, rats, and wasps. Across the sites there are over 3,600 traps and bait stations, serviced by contractors and an army of volunteers.

Table 1. Summary of partner costs and contribution to Whakatāne and Ōhope Sites EP (from page 18 of EP document).

	BOPRC	DOC	WDC	NA*	WKT
Rat and possum control	$107,642	$17,223	$14,532	$4,125	$2,600
Mustelid control	$27,950	$12,422	$4,658	$6,729	$86,000
Wasp control	$10,223	$1,772	$1,363	$273	$4,800
Weed monitoring and control	$37,500	$6,000	$5,000	$1,500	-
Other (e.g. vehicle, training, communications)	$39,450	$120	$100	$30	$40,460
TOTAL	$222,765	$37,537	$25,653	$12,657	$133,860
% of total not including volunteer labour	75%	13%	9%	4%	na
% of total including volunteer labour	52%	9%	6%	3%	31%

As well as the direct ecological gains, the activities funded through the EP provide a variety of important wider social, economic, cultural, educational and recreational benefits to the community, ranging from employment opportunities (pest control contracts and eco-tourism), to fostering volunteerism, providing research opportunities, and promoting Whakatāne as ‘Kiwi Capital of the World’.

The 2018-23 EP has successfully continued the good work undertaken though a previous EP developed in 2011, which in turn built on and intensified pest animal control work begun in 2005. Pest animal control has reduced pest animals to low levels and achieved measurable benefits in vegetation, kiwi, passerine birds and in volunteering and community engagement. The EP is an excellent example of a successful collaboration to improve biodiversity values.

1.1 Alignment with Strategic Framework

A Healthy Environment

We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.

The Whakatāne and Ōhope Sites EP contributes directly to the Long Term Plan KPI: “The percentage of all identified Priority Biodiversity Sites that are actively managed”

This EP contributes to the management of seven Priority Biodiversity Sites – the four main sites (Ōhope Scenic Reserve, Kohi Point Scenic Reserve, Mokorua Bush Scenic Reserve and Ngāti Awa Kawenata) and three smaller sites (Ōhope Scenic Reserve Extension, Ōhope Pohutukawa Remnants West End, Ōhope Pohutukawa Remnants).

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

þ Social

High - Positive

¨ Economic

2. Update on Whakatāne and Ōhope Sites EP

The current EP agreement is due to expire on 30 June 2023. Project partners met in March 2022 and agreed a review of the current EP was the logical first step in the process to develop a new EP document. Council subsequently engaged Place Group to review progress against the EP’s goals and objectives, which involved evaluating project reports, monitoring data, and interviews with project partners.

The review (see Attachment 1) concluded that the EP has seen some encouraging gains and is generally on track to achieving the protection and enhancement of indigenous biodiversity values and ecological integrity of the sites. For example:

· Possum and rat numbers have been maintained at low levels.

· Native birds (including translocated North Island robin) continue to thrive and increase in numbers within the sites.

· Native plant species composition, structural diversity and regeneration has improved, due to continued suppression of mammalian browsers.

· Anecdotal evidence for increases in numbers and diversity of native invertebrate and lizards.

The review undertaken by Place Group has highlighted some areas for improvement and provided an excellent footing for development of a new EP co-funding agreement to cover the five years from 1 July 2023. However, progress on the review was hampered by a lack of partner availability and engagement, resulting in the review document not being finalised until late December 2022. Workshops to develop the new EP have been further hampered by partner availability/engagement and postponements due to staff from member organisations seconding into Civil Defence roles in response to Cyclone Gabrielle.

At the most recent workshop in March 2023, partners requested an extension to the current EP to allow further time to develop the new programme and to allow for hapū consultation and engagement (previous engagement was only at iwi level). Council staff have agreed in principle to a 6-month extension (until end of 2023) for this purpose – subject to confirmation of partner contributions.

3. Considerations

3.1 Risks and Mitigations

There is also a risk regarding kiwi chick survival and trap shy stoats. Kiwi chick survival has been tapering off from previously high levels and appears to be dropping below the 30% target set in the EP. This is thought to be the result of trap shy stoats which are a common occurrence in projects which rely solely on traps for mustelid control. It is common for other kiwi protection projects to undertake five yearly baiting operations with a toxin that can achieve secondary poisoning of mustelids. Staff believe resolution of this is an important part of the future of the EP, and are exploring options for this with the partners, including through hapū consultation.

There is also a risk regarding the newly established population of weka within the sites. Weka were not known to be present when the EP was signed in 2018 but have since expanded into the area and become relatively common. While this is great news in terms of a threatened species having extended its range and abundance; it does pose some operational challenges for the EP including increased costs. Predator traps have had to be ‘weka proofed’ and bait stations need to be replaced or modified (raised) to prevent weka accessing baits. Trail cameras have captured weka interacting with bait stations during a recent survey in Ōhope Scenic Reserve.

3.2 Climate Change

The work carried out under this EP has not been subjected to a climate change assessment.

3.3 Implications for Māori

Te Rūnanga o Ngāti Awa and Te Tapa Toru a Toi are partners in this project and consultation with hapū (Ngāti Hokopu and Ngāti Wharepeia) will be undertaken as part of the development of the new EP for 2023-2028. EP activities have provided and will continue to provide employment opportunities for Māori and tangata whenua. Te Runanga o Ngāti Awa have expressed an interest in Korehaha Whakahau^{^[2]} staff becoming more involved in delivery of EP activities over time.

3.4 Community Engagement

INVOLVE

Whakaura

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

All partners are integrally involved in the planning, implementation, monitoring and review of the EP.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget. This year’s budget is $220,000 and future funding under the new EP is expected to remain at current levels as per the Long Term Plan, plus inflation. This is on the assumption that partners sustain their current contributions.

4. Next Steps

· Extend the current programme by six months to 31 December 2023 has been agreed in principle (subject to confirmation of partner contributions) to allow more time for hapū consultation and engagement.

· Confirm DOC and other partner co-funding available.

· Continue to workshop and develop the new EP with partners to cover the five year period from 1 January 2024.

· Bring a new EP document to Council for approval before the end on the calendar year. The new EP is expected to sustain Council’s current financial contribution of $1.1million over five years, subject to confirmation of partner contributions.

Attachments

Attachment 1 - 2018-07-05 Ohope and Whakatane Sites Environmental Programme 2018-2023 SIGNED ⇩

Attachment 2 - Review of Whakatane and Ohope sites environmental programme 2018-2023 - Place Group - December 2023 ⇩