Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority

Membership

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

Purpose

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

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

Role

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

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

· To support integrated and collaborative management of the river.

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

§ to monitor the state of the river environment

§ to monitor the effectiveness of the management of the river

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

· To provide advice and recommendations to local authorities:

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

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

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

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

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

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

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

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

Decision Making

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

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

Power to Act

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

Power to Recommend

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

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

Te Maru o Kaituna River Authority 19 AUGUST 2022

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 19 August 2022, 9.30 am

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

Heamana

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

Ngā Kopounga

Members: Bay of Plenty Regional Council

Cr Jane Nees (Alternate)

Tapuika Iwi Authority

Dean Flavell

Te Tahuhu o Tawakeheimoa Trust

Erin Thompson (Alternate) (via Zoom)

Rotorua Lakes Council

Nick Chater (Lakes Community Board)

Western Bay of Plenty District Council

Cr Grant Dally

Deputy Mayor John Scrimgeour

Tauranga City Council

Commissioner Bill Wasley (Alternate)

Te Hunga i Tae Ake

In Attendance: Te Kapu o Waitaha: Mokoera Te Amo

Co-governance Secretariat: Jane Waldon

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

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

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

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

Ngā Hōnea

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

1. Chair’s Opening Statement

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

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

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

2. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dean Flavell.

3. Ngā Hōnea
Apologies

Resolved

That the Te Maru o Kaituna River Authority:

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

Flavell/Wasley

CARRIED

4. Ngā Take Tōmuri
Items not on the Agenda

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

5. Raupapa o Ngā Take
Order of Business

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

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

None declared.

7. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

7.1

Te Maru o Kaituna River Authority Minutes - 20 May 2022

Resolved

That the Te Maru o Kaituna River Authority:

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

Flavell/Dally

CARRIED

8. Whakaaturanga
Presentations

8.1

Te Tumu Development Update

Presentation: Te Tumu Update: Objective ID A4182023

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

Key Points

· Progress with the project had been slow.

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

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

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

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

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

In Response to Questions

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

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

Key Points - Members

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

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

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

8.2

Waiāri Water Treatment Plant Update

Presentation: Waiāri Water Supply Scheme Update: Objective ID A4180788

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

Key Points

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

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

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

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

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

In Response to Questions

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

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

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

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

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

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

8.3

NIWA - Future Coasts Aotearoa

Presentation: Future Coasts Aotearoa - NIWA: Objective ID A4183668

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

Presented by: Christo Rautenbach and Niketi Toataua - NIWA

Key Points

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

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

10.25am - Cr Nees withdrew from the meeting.

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

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

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

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

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

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

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

In Response to Questions

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

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

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

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

8.6

Te Maru o Kaituna Website

Presented by: Adria Green - Grahn Creative

Key Points

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

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

· Adria provided a demonstration of the new website.

9. Whakahoutanga Kōrero
Verbal Updates

9.1

Chairperson's Report - Verbal Update

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

Presented by: Chair Cr Matemoana McDonald and Dean Flavell

Key Points

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

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

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

Resolved

That Te Maru o Kaituna River Authority:

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

Thompson/Chater

CARRIED

10. Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

10.1

Te Maru o Kaituna River Authority Annual Report and Budget

Presented by: Pim de Monchy – Coastal Catchments Manager

Jane Waldon - Co-Governance Secretariat

Key Points

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

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

Resolved

That Te Maru o Kaituna River Authority:

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

2 Adopts the attached 2021/22 Annual Report;

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

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

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

Wasley/Chater

CARRIED

Hei Pānui Anake
Information Only

10.2

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

Presented by: Pim de Monchy – Coastal Catchments Manager

Key Points:

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

Resolved

That Te Maru o Kaituna River Authority:

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

Flavell/Wasley

CARRIED

10.3

Essential Freshwater Policy Programme Update

Presentation: Essential Freshwater Policy Programme Update: Objective ID A4184833

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

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

Gemma Moleta - Senior Planner (Water Policy)

Key Points

· Draft Policy Options:

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

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

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

· RPS Proposed Change 5 (Kaituna River) update:

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

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

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

· Freshwater visions, outcomes and targets:

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

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

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

In Response to Questions

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

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

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

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

Key Points - Members

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

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

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

Resolved

That Te Maru o Kaituna River Authority:

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

Wasley/Dally

CARRIED

10.4

2022 Local Government Elections Update

Presented by: Pim de Monchy – Coastal Catchments Manager

Resolved

That Te Maru o Kaituna River Authority:

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

Flavell/Dally

CARRIED

12.00 pm – Erin Thompson withdrew from the meeting.

12.00 pm - The formal part of the meeting concluded.

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

8.5

Project 14 - Upper Catchment 'Gateway' Update

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

Presented by: Nick Chater – Lakes Community Board

Key Points

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

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

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

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

Key Points - Members

· Congratulations were extended to Nick on a great project.

8.4

Project 6 - Monitoring results from the Maketu Estuary

Presentation: Project 6 - Kaituna Rediversion: Objective ID A4183769

Presented by: Pim de Monchy – Coastal Catchments Manager

Key Points

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

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

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

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

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

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

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

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

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

Key Points - Members

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

11. Karakia Kati
Closing Karakia

A closing karakia was provided by Mokoera Te Amo.

12.30 pm – the meeting closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	19 May 2023
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To update and advise Te Maru o Kaituna River Authority (TMoK) on membership changes.

Change of Membership - Te Maru o Kaituna River Authority

Whakarāpopototanga
Executive Summary

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

This report is also to advise the re-appointments of the primary and alternate representatives for Te Pumautanga o Te Arawa Trust following the expiry of their three year terms in mid 2022, and the re-appointment of the primary representative for Te Tahuhu o Tawakeheimoa Trust following the expiry of their three year term in February 2023.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

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

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

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

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

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

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

7 Notes the reappointment of Nicki Douglas as the appointed member of Te Tahuhu o Tawakeheimoa Trust.

1. He Whakamārama
Background

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

2. Membership Appointments

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

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

The three year term for the primary representative for Te Tahuhu o Tawakeheimoa Trust expired at the end of February 2023. Advice has been received by Regional Council that the incumbent rep, Nicki Douglas, has been reappointed for a further three years.

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

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

2.2 Tapuika Iwi Authority Trust

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

2.3 Te Pumautanga o Te Arawa Trust

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

2.4 Te Tāhuhu o Tawakeheimoa Trust

Nicki Douglas due second meeting of 2026 and Erin Thompson (Alternate) due second meeting of 2024.

2.5 Informal Appointments by Te Komiti Nui o Ngāti Whakaue

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

2.6 Tapuika Iwi Authority Trust and Te Kapu o Waitaha

Remains vacant.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

3.2 Huringa Āhuarangi
Climate Change

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

3.3 Ngā Pānga ki te Māori
Implications for Māori

There are no significant implications for Māori with this matter.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

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

3.5 Ngā Pānga ā-Pūtea
Financial Implications

There are no financial implications to the current budget.

4. Ngā Mahi Whai Ake
Next Steps

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



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	19 May 2023
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To consider the appointment of a Deputy Chairperson

Appointment of Te Maru o Kaituna River Authority Deputy Chairperson

Whakarāpopototanga
Executive Summary

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

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

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

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

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

1. He Whakamārama
Background

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

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

1 Chairperson and deputy chairperson

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

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

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

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

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

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

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

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

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

4 The quorum for a meeting of the Authority is—

(a) the chairperson or deputy chairperson; and

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

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

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

2. Appointment Process

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

(a) vote; and

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

2.1 Voting Systems

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

System A

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

(b) has the following characteristics:

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

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

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

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

System B

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

(b) has the following characteristics:

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

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

It is recommended that the Te Maru o Kaituna River Authority selects System B as its voting system.

2.2 The voting process steps

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

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

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

(e) Deputy Chairperson declared elected.

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

2.3 Ground rules

(a) A member may nominate or second themselves.

(b) Any member can call for a Division.

(d) Any member can abstain from voting.

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

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this decision.

3.2 Huringa Āhuarangi
Climate Change

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

3.3 Ngā Pānga ki te Māori
Implications for Māori

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

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

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

3.5 Ngā Pānga ā-Pūtea
Financial Implications

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



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	19 May 2023
Kaituhi Pūrongo: Report Writer:	Nassah Rolleston-Steed, Principal Advisor, Policy & Planning
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	Inform members that Bay of Plenty Regional Council has adopted the Freshwater Hearing Panel’s recommendations on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement.

Freshwater Hearing Panel Recommendations for Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement

Whakarāpopototanga
Executive Summary

The recommendations of the Independent Freshwater Hearing Panel for Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement were presented to Regional Council for adoption at their 4 May 2023 meeting. Regional Council has adopted the Freshwater Hearing Panel’s recommendations as their decisions which are scheduled to be notified by 15 May 2023.

Hearings were conducted by the Freshwater Hearing Panel at the Pāpāmoa Community Centre on Tuesday 11 October. The Chair of Te Maru was the first submitter to present at the hearing.

The Freshwater Hearing Panel recommended changes be made to Proposed Change 5 in response to submissions. Those changes are intended to improve the intent of the policies, provide greater clarity for implementation and better recognise and provide for the vision, objectives and desired outcomes of Kaituna he Taonga Tuku Iho (Kaituna River Document).

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Freshwater Hearing Panel Recommendations for Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement .

1. He Whakamārama
Background

Bay of Plenty Regional Council Toi Moana proposed a change to the Bay of Plenty 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.

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 Proposed Change 5, 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.

Appeal rights are limited under the Freshwater Planning Process compared to the standard plan change process. As Regional Council has accepted the Freshwater Hearing Panel’s recommendations, appeal rights are limited to the Hight Court on points of law only, and a further appeal to the Court of Appeal (subject to leave being granted). There is no avenue to appeal to the Supreme Court.

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

1.1 Process to Date

Proposed Change 5 was publicly notified on 29 June 2021. Fifteen submissions were received. One was received late and 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

1.2 Council Decisions on Panel Recommendations

At is 4 May meeting Council decided to accept the Panel’s recommendations report (under clause 52 of Schedule 1 of the RMA). Council made its decisions in a manner consistent with the Tapuika Claims Settlement Act 2014 which is the most relevant iwi participation legislation for the proposed change.

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.

1.2.1 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 recommendation.

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. Ngā Whakaarohanga
Considerations

2.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with Proposed Change 5. There is an expectation Council will act in accordance with the Treaty of Waitangi principles of ‘good faith’ and ‘partnership’ by continuing to progress Proposed Change 5 without delay.

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.

2.2 Huringa Āhuarangi
Climate Change

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

Proposed Change 5 seeks to recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document. The Kaituna River Document lists as a key issue to respond to ‘pressure on the Kaituna River due to land use intensification, urban growth and climate change’. In addition, existing RPS provisions, will continue to apply to the Kaituna River catchment including RPS Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’.

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.

2.3 Ngā Pānga ki te Māori
Implications for Māori

Proposed Change 5 (Kaituna River) is the second RPS treaty co-governance change. It has significant implications for Tapuika iwi in particular as it gives effect to their treaty settlement legislation and strategic cultural aspirations. It also has cultural significance to other iwi members of Te Maru o Kaituna namely Ngāti Pikiao, Ngāti Whakaue, Waitaha and Ngāti Rangiwewehi. Kaituna is considered a tupuna and is revered as a living entity.

Statutory acknowledgements exist along the Kaituna River and its tributaries that recognises the mana of and particularly the cultural, spiritual, historical and traditional associations Waitaha, Tapuika and Ngāti Rangiwewehi have in relation to these specified areas.

Proposed Change 5 is intended to enshrine the vision, objectives and desired outcomes of the Kaituna River Document within the RPS. Iwi and hapū have high aspirations in terms of the practical effect of Proposed Change 5. District and regional plans will need to give effect to, and resource consents decision making processes will need to have regard to, the Regional Policy Statement policy framework.

2.4 Whakawhitiwhiti ā-Hapori
Community Engagement

No community engagement is proposed given Proposed Change 5 is now entering into a semi judicial process. Only submitters have restricted appeal rights moving forward. Community engagement and consultation occurred at the front end of the process. Opportunities for consultation in the true sense get more restricted the closer an RPS change gets to public notification for submissions.

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

Proposed Change 5 (Kaituna River) to the RPS directly contributes to the Healthy Environment, Freshwater for Life and Vibrant Region Community Outcomes in the Council’s Long-Term Plan 2018-2028.

2.6 Ngā Pānga ā-Pūtea
Financial Implications

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

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

3. Ngā Mahi Whai Ake
Next Steps

Regional Council will publicly notify is decisions on Proposed Change 5 by Monday 15 May 2023. Appeal rights are restricted under the FPP compared to the standard plan-making process (under Clauses 55 and 56 of Schedule 1 to the RMA). Submitters can only appeal to the High Court on a point of law. If no High Court appeals are received, staff will prepare a report to Regional Council seeking to make Proposed Change 5 operative following the close of the high court appeal period.



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	19 May 2023
Kaituhi Pūrongo: Report Writer:	Jo Watts, Senior Planner (Water Policy)
Kaiwhakamana Pūrongo: Report Authoriser:	Namouta Poutasi, General Manager, Strategy & Science
Kaupapa: Purpose:	To advise Te Maru o Kaituna River Authority of freshwater policy engagement underway in the Kaituna catchment and invite their involvement.

Essential Freshwater Policy update - engagement in Kaituna

Whakarāpopototanga
Executive Summary

Toi Moana’s Essential Freshwater Policy Programme (EFPP) to implement the National Policy Statement for Freshwater Management 2020 (NPSFM) continues to progress according to the overarching timeline, although there is slippage. This year’s focus is primarily on continuing to involve tangata whenua, community engagement and developing draft policy options, prior to Toi Moana making decisions about what proposed changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) to publicly notify in 2024. The timeline – Te rārangi wā is in Attachment 1.

1. The region wide freshwater engagement calendar is in Attachment 2. Once confirmed all community engagement and hui a rohe events are added to the bottom of the Toi Moana public freshwater webpage. The April – September engagement has commenced. Toi Moana staff encourage TMoK members and their organisations to promote participation at relevant events.

2. The Kaituna Freshwater Management Unit Story and Region wide freshwater overview booklet were circulated to TMoK members via an ePanui on 6 April ahead of Toi Moana reconvening the Kaituna Freshwater Futures Community Group once more. The ePanui also included a list of the Kaituna relevant engagement events. The first Kaituna FMU community drop-in session was held on Saturday 6 May at the Te Puke War Memorial Hall and hui a rohe Ōkurei and Mauao on 17 and 18 May respectively.

3. A key message from Regional Council is that staff are keen to engage with tangata whenua at any point of the process. There remains an open invite for conversations and hui towards gaining a better understanding of how Te Mana o Te Wai can be implemented in the Bay of Plenty.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Essential Freshwater Policy update - engagement in Kaituna.

1. He Whakamārama
Background

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

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

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

2. Kaituna engagement update

Letters inviting consideration of draft policy issues and options were sent to iwi organisations late last year, including an ePanui to TMoK. At TMoK’s August 2022 hui, members decided a Kaituna specific hui about issues and draft freshwater policy options would be more beneficial once the more Kaituna and tangata whenua specific material was available for review.

An ePanui was sent to TMoK members on 6 April listing the Kaituna specific engagement events - both community drop-in sessions and hui a rohe. The Kaituna FMU Story along with the Region wide freshwater overview booklet was attached.

Public awareness raising events

· Saturday 18 February, Te Puke A&P show

Kaituna Drop in Sessions

· Saturday 6 May, 10am-2pm, Te Puke War Memorial Hall

· Thursday 29 June, 2-7pm (venue tbc)

· Friday 4 August, 2-7pm (venue tbc)

· Friday 15 September, 12pm-1:30pm (online)

Hui ā Rohe

· Ōkūrei Wednesday 17 May 2pm-4pm and 5.30pm-7pm, Te Ao Marama, Ōhinemutu Rotorua

· Mauao Thursday 18 May 2pm-4pm and 5.30pm-7pm, Hungahungatoroa Marae, Matapihi, Tauranga

Regular updates

· Te Maru o Kaituna Committee hui– 19 May, 4 August, 24 November

· Rural and Environmental Sector Forum

· Territorial Local Authority Forum

· River Advisory Groups, Drainage Boards

3. Hui a rohe

A series of three sub regional hui a rohe for tangata whenua will be held in the months of May, and again in August. Hui a rohe Ōkurei and Mauao were held earlier this week. All co-governance iwi members and their organisations were invited to these and will also be invited again to those in August. The hui a rohe are hosted by Toi Moana Māori Councillors and facilitated by independent contractors.

Two sessions were held on each day from 2pm to 4pm and 5.30pm to 7.30pm enabling tangata whenua to have opportunity to attend either session. The hui a rohe agenda and content is different to the community engagement drop-in sessions. Instead of focussing on freshwater management issues, they focus on the opportunity for mātauranga Māori input. Where requests are made for further engagement, these will be followed-up by staff.

Hui o rohe May agenda outline:

· An overview of the NPSFM and what it is asking of us. Toi Moana staff are being careful here to ensure the delivery and language is pitched to the audience and the values that they hold.

· Toi Moana’s approach is building on from what tangata whenua have already told us. Furthering that understanding by having a guest speaker from an iwi group at each hui a rohe to present their journey so far.

· Looking to future proof tangata whenua input – Toi Moana is exploring the challenge of how mātauranga Māori (cultural material from iwi and hapū) that is received in the future can influence resource management decisions.

· Open floor – Q & A.

Any advice and recommendations from TMoK members who attended hui a rohe is welcome and can be taken on board for the August hui a rohe round.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no risks for TMoK associated with this matter as the paper is about Toi Moana’s freshwater policy programme. Rather than a risk, this work programme provides opportunity for TMoK to play a significant role in advocating for the restoration, protection and enhancement of the Kaituna River (and tributaries). Facilitating participation of iwi in the management of the river and providing advice and recommendations to Toi Moana on all parts of Toi Moana’s Essential Freshwater Policy Programme are well within TMoK’s purpose and functions under ss 115 and 116 of the Tapuika Claims Settlement Act 2014.

4.2 Huringa Āhuarangi
Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Climate change impacts will be considered by Toi Moana as part of proposed changes to the RPS & RNRP to implement the NPSFM and reviewing of the land and water parts of the RNRP.

4.3 Ngā Pānga ki te Māori
Implications for Māori

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

A tangata whenua engagement progress update was provided in the August 2022 meeting agenda report. Since that point, new connections have continued to be made in response to the consistent invitation to connect with Toi Moana.

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

· The draft dates for engagement events were shared with tangata whenua via relationship managers and the iwi/hapū contact lists, as well as TMoK.

· Regular EFPP update reports are provided to each co-governance forum such as this one.

· As outlined above, the engagement plan includes two rounds of hui a rohe in each of the Māori constituencies - Ōkurei, Mauao and Kohi. TMoK iwi members and their iwi were invited to the first round of Ōkurei and Mauao ones held 17 and 18 May. These were led by TMoK Regional Council members Cr White and Cr McDonald respectively.

· The engagement plan includes ensuring that at least one of the community engagement events in each FMU are at a venue familiar to tangata whenua, such as a kura, marae, trust board office. Suggestions are welcomed.

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

· All communications contain invitations for tangata whenua to contact Toi Moana to get involved in the freshwater policy work.

· Work continues on establishing and supporting tangata whenua led freshwater related projects.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

As outlined in sections 2 and 3 above, Toi Moana staff are well underway implementing the community and tangata whenua engagement plan which is a key focus throughout 2023.

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

Toi Moana is obliged to implement the NPSFM. This work will also assist with delivering TMoK’s vision, objectives, and desired outcomes in Kaituna, he taonga tuku iho – a treasure handed down – the Kaituna River Document enabled by the Tapuika Claims Settlement Act 2014. Now decisions have been made on Proposed Change 5 (Kaituna River) to the RPS, this needs to be given effect to in the freshwater changes proposed to the regional plan.

Project 2 of Te Tini a Tuna – the Kaituna Action Plan is implementing the Kaituna River Document, RPS Change 5 (Kaituna River) and the NPSFM. Other projects also align closely with the NPSFM mahi, for example the Pataka Kai – Project 9 and State of the Awa integrated monitoring and reporting - Project 16. These projects have potential to provide a collaborative approach to including mātauranga Māori input into the NPSFM process if timeframes and deliverable can be aligned.

4.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no financial implications for TMoK associated with this report. This engagement fits within the Toi Moana EFPP allocated budget. TMoK have set aside an item in their 2022-2023 for involvement in the freshwater policy work.

5. Ngā Mahi Whai Ake
Next Steps

1. TMoK continue to be invited to provide advice and recommendations to Toi Moana throughout the freshwater policy process.

2. Hui a rohe and community workshops still to be held will be advertised and Toi Moana staff encourage TMoK members and their organisations to promote participation at relevant events.

3. Now Council decisions have been made on Proposed Change 5 (Kaituna River), Toi Moana staff can consider this when further developing policy options for the Kaituna, as plan changes must give effect to RPS Change.

Tuhinga Tautoko
Attachments

Attachment 1 - Te rārangi wā - Timeline as at May 2023 ⇩

Attachment 2 - DRAFT Freshwater engagement activities as at May 2023 ⇩



Report To:	Te Maru o Kaituna River Authority
Meeting Date:	19 May 2023
Presenter(s):	Dean Flavell