Rangitāiki River Forum Rārangi Take (Agenda) NOTICE
IS GIVEN that the next meeting of the Rangitāiki
River Forum will be held in the Mataatua
Room, Friday 2 June 2023 COMMENCING AT 10:30 AM
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Fiona McTavish Chief Executive, Rangitaiki River Forum 25 May 2023 |
Membership
Chairperson |
Vacant - to be appointed |
Deputy Chairperson |
Terewai Kalman (Te Rūnanga o Ngāti Manawa) |
Tangata Whenua Members |
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One appointed representative each: |
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Te Rūnanga o Ngāti Manawa |
Te Taute Taiepa Karito Paul (Alternate) |
Te Rūnanga o Ngāti Whare |
Jane Nicholas (Alternate) |
Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust |
Shaneen Simpson-Almond |
Te Rūnanga o Ngāti Awa |
Miro Araroa Mihipeka Sisley (Alternate) |
Hineuru Iwi Trust |
Ngawai Crawford Tracy Bush (Alternate) |
Tūhoe Te Uru Taumatua |
Ngapera Rangiaho |
Te Kotahitanga o Ngāti Tūwharetoa |
Whakaeke Ritete Ngatoru Wall (Alternate) |
Council Members |
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One appointed member each: |
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Whakatāne District Council |
Cr Tuwhakairiora O’Brien Cr Wilson James (Alternate) |
Taupō District Council |
Cr John Williamson Cr Yvonne Westerman (Alternate) |
Up to five appointed members: |
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Bay of Plenty Regional Council |
Cr Malcolm Campbell Cr Toi Kai Rākau Iti Cr Kat Macmillan Cr Ken Shirley Cr Kevin Winters |
Quorum |
Three iwi members and three Council members and must include a Ngāti Whare member and a Ngāti Manawa member. |
Meeting frequency |
Quarterly |
Other iwi and local authorities through consensus of the Forum, may join the Forum.
Vision
Te Mana o Te Wai – The First Right to Water is to the Water.
Mission
Te Reo o Te Wai - Te Mana – The voice of the Water, restoring Te Mana o Te Wai.
Purpose
To protect and enhance the environmental, cultural, and spiritual health, wellbeing and sustainable use of the Rangitāiki River and its resources, for the benefit of present and future generations.
Scope
The Rangitāiki River Forum’s scope covers the geographical area of the Rangitāiki River Catchment including the Rangitāiki River, Whirinaki River, Wheao River and Horomanga River as referenced in the following Settlement Acts: Ngāti Whare Claims Settlement Act 2012; Ngāti Manawa Claims Settlement Act 2012; Tūhoe Claims Settlement Act 2014; Hineuru Claims Settlement Act 2016; Ngāti Tūwharetoa Claims Settlement Act 2018.
This is a permanent joint committee under the Local Government Act 2002 (LGA), and co-governance partnership between local authorities and iwi that share an interest in the Rangitāiki River, and must not be discharged unless all of the appointing organisations agree to the discharge.
Role
· Prepare and approve the Rangitāiki River Document for eventual recognition by the Regional Policy Statement, Regional Plans and District Plans.
· Promote the integrated and coordinated management of the Rangitāiki River.
· Engage with and provide advice to:
§ Local Authorities on statutory and non-statutory processes that affect the Rangitāiki River, including under the Resource Management Act 1991.
§ Crown agencies that exercise functions in relation to the Rangitāiki River.
· Monitor the extent to which the purpose of the Rangitāiki River Forum is being achieved including the implementation and effectiveness of the Rangitāiki River Document.
· Gather information, disseminate information and hold meetings
· Take any other action that is related to achieving the purpose of the Forum.
Decision Making
The Forum 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 Forum and acknowledge the interests of iwi in particular parts of the Rangitāiki and its catchments.
Power to Act
The Forum has the discretion to determine in any particular circumstance whether to exercise any function identified and to what extent any function identified is exercised.
Power to Recommend
To the partner organisations on any matters within the Forum’s delegated role as it deems appropriate.
Rangitāiki River Forum members report directly to their respective organisations.
Rangitāiki River Forum 2 June 2023
Recommendations in reports are not to be construed as policy until adopted.
1. Karakia
Whakatuwhera
Opening Prayer
2. Ngā
Hōnea
Apologies
3. Wāhanga
Tūmatanui
Public Forum
4. Ngā Take
Tōmuri
Items not on the Agenda
5. Raupapa o Ngā
Take
Order of Business
6. Whakapuakanga o
Ngā Take Whai Taha-Rua
Declaration of Conflicts of Interest
7. Ngā
Meneti
Minutes
Kia
Whakaūngia Ngā Meneti
Minutes to be Confirmed
7.1 Rangitāiki River Forum Minutes - 23 March 2023 1
8. Whakahoutanga
Kōrero
Verbal Updates
8.1 Verbal Updates from Forum Members
9. Whakaaturanga
Presentations
9.1 Manawa Energy - Wheao Dam Consent Update
Presented by: Abbi Collins - Environmental Advisor and Summer Bennett - Iwi Engagement Coordinator, Manawa Energy
9.2 Department of Conservation - Whitebait Regulations Update
Presented by: Hayden Loper supported by Pohoira Hughes-Iopata,
Department of Conservation
9.3 Taupō District Plan Changes – Bundle Two
Presented by: Hilary Samuel, Senior Policy Advisor, Taupō District Council
9.4 North Island Wallaby Programme Update
Presented by: Davor Bejakovich - Wallaby Programme Lead, Dale Williams - Biosecurity Officer, Bay of Plenty Regional Council Toi Moana, accompanied by Michelle Archer, Place Group Limited (Environmental Consultant)
10. Ngā
Pūrongo
Reports
Ngā Whakatau e Hiahiatia
Ana
Decisions Required
10.1 Change in Membership and Election of a new Chairperson and Deputy Chairperson 1
Hei Pānui Anake
Information Only
10.2 March-May 2023 Rangitāiki Catchment Programme Dashboard 1
10.3 Essential Freshwater Policy Programme Update 1
10.4 Update on Significant Resource Consents 1
10.5 Options for establishing a Charitable Trust
This item will be distributed under a separate cover.
Presented by: Jane Waldon - Co-Governance Secretariat and from Tuia Group: Toko Kapea - Director and Indiana Shewen - Solicitor/Consultant
11. Ngā Take Tōmuri Hei Whakaaroaro
Consideration of Items not on the Agenda
12. Karakia
Kati
Closing Prayer
Rangitāiki River Forum Minutes |
23 March 2023 |
Ngā Meneti
Open Minutes
Commencing: Thursday 23 March 2023, commencing at 10:30 am
Venue: Mataatua Room, Bay of Plenty Regional Council,
5 Quay Street, Whakatāne
Heamana
Chairperson: Bronco Carson (Te Rūnanga o Ngāti Whare)
Heamana Tuarua
Deputy Chairperson: Terewai Kalman (Te Rūnanga o Ngāti Manawa)
Ngā Kopounga
Members: Bay of Plenty Regional Council Toi Moana
Cr Malcolm Campbell, Cr Kevin Winters
Te Rūnanga o Ngāti Awa
Miro Araroa
Hineuru
Iwi Trust
Ngawai Crawford, Tracy Bush (Alternate)
Whakatāne
District Council
Cr Wilson James (Alternate)
Te
Rūnanga o Ngāti Whare
Jane Nicholas (Alternate)
Te
Rūnanga o Ngāti Manawa
Karito Paul (Alternate)
Tūhoe
Te Uru Taumatua
Ngapera Rangiaho
Ngāti
Tūwharetoa (BOP) Settlement Trust
Shaneen Simpson-Almond
Taupō
District Council
Cr John Williamson, Cr Yvonne Westerman (Alternate)
(Via Zoom)
Te Hunga i Tae Ake
In Attendance: Bay of Plenty Regional Council Toi Moana: Herewini Simpson – Kaihautu, Te Amorangi Lead, Charles Harley – Team Leader Eastern Catchments, Gemma Moleta – Senior Planner (Water Policy), Kirsty Brown – Rivers and Drainage Assets Manager, Gina Mohi – Putaiao Mātauranga, Andrew Pawson – Area Engineer, Shari Kameta – Committee Advisor
Jane Waldon – Co-Governance Secretariat (Director, Pareārau Limited)
Whakatāne District Council: Deputy Mayor Lesley Immink, Jessica Browne - Project Planner
Taupō District Council: Heneriata Oneroa - Co-Governance Management Partner/Hoa Hautūtanga Takirua (Via Zoom)
External: Manawa Energy: Annie Tangata, Community Engagement and Communications Advisor, Caleb Sjardin - Lead Advisor – Environmental Performance, Summer Bennett - Iwi Engagement Coordinator; Department of Conservation/Te Papa Atawhai: Eriora Park, Merenia Sawrey, Pohoira Hughes-Iopata; Adria Green – Grahn Creative
Ngā Hōnea
Apologies: Cr Toi Kai Rākau Iti, Cr Kat Macmillan and Cr Ken Shirley (Bay of Plenty Regional Council Toi Moana),
Cr Tuwhakairiora O'Brien (Whakatāne District Council),
Whakaeke Ritete (Te Kotahitanga o Ngāti Tūwharetoa),
Mihipeka Sisley (Alternate, Te Rūnanga o Ngāti Awa)
1. Karakia Whakatuwhera
Opening Karakia
Miro Araroa opened the hui with a karakia and mihi of welcome to new and returned members, supported by Ngapera Rangiaho and responded to by Ngawai Crawford.
Chair’s Opening Statement
The Chair welcomed everyone to the meeting and with the leave of Forum members, invited Deputy Mayor Lesley Immink to the table.
2. Whakawhanaungatanga
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Introductions by Members and Overview of the Forum Presentation - Rangitaiki River Forum Overview and Induction: Objective ID A4339113 |
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Members and staff representatives provided a round of introductions followed by a presentation overview presented by Herewini Simpson. 10:46 am – Cr John Williamson entered the meeting. Key Points - Presentation: · Forum’s establishment, membership, catchment area, purpose/functions, unique co-governance arrangement and legislative drivers · Forum highlights included: o Te Ara Whānui o Rangitāiki River Document completed and embedded within the Bay of Plenty Regional Policy Statement o New partner members Ngāti Hineuru, Tūwharetoa (Taupō) and Taupō District Council had joined the Forum o Community connections, co-governance arrangement exemplar and establishment of an independent secretariat · Future focus included: actions implementation, review of Te Ara Whānui o Rangitāiki River Document, National Policy Statement for Freshwater Management policy/plan involvement and pre-emptive engagement on significant resource consents · Further details could be provided to members where requested. In Response to Questions: · Three Waters was a regulatory function of the district councils/territorial authorities, whereas the Regional Council’s focus was freshwater management. · The Forum would be involved in the review of Te Ara Whānui supported by Regional Council planning staff. |
3. Ngā Hōnea
Apologies
Resolved That the Rangitāiki River Forum: 1 Accepts the apologies from Cr Toi Kai Rākau Iti, Cr Kat Macmillan, Cr Tuwhakairiora O'Brien, Whakaeke Ritete, Cr Ken Shirley and Mihipeka Sisley for absence tendered at the meeting. Kalman/Simpson-Almond CARRIED |
4. Raupapa o Ngā Take
Order of Business
Members were advised prior to the meeting of the following changes to the agenda:
· Agenda Item 10.1, Manawa Energy Update on Wheao Reconsent had been withdrawn by Manawa Energy due to an unforeseen meeting conflict and requested that the presentation be deferred to the Forum’s next meeting.
· Agenda Item 10.3, Update on Whitebait Regulations – Department of Conservation had deferred this update to the Forum’s next meeting due to the unavailability of the requisite staff, however the presentation on inanga research would still be provided at this meeting.
5. Whakapuakanga o Ngā
Take Whai Taha-Rua
Declaration of Conflicts of Interest
No conflicts of interest were declared.
6. Ngā Meneti
Minutes
Kia
Whakaūngia Ngā Meneti
Minutes to be Confirmed
6.1 |
Rangitāiki River Forum Minutes - 2 September 2022 Matters Arising In relation to Minute Item 3, Order of Business, Fonterra Edgecumbe Wastewater Treatment Plan Update informal closed briefing – members requested an update on the resource consent application, along with any presentation/notes taken and pre-circulation of future presentation information. It was noted that Fonterra had consulted with Ngāti Awa, the Rangitāiki Hapū Coalition and held community meetings in relation to the resource consent application. |
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Resolved That the Rangitāiki River Forum: 1 Confirms the Rangitāiki River Forum Minutes - 2 September 2022 as a true and correct record, subject to the following amendments: · Item 6.1, Nova Energy Presentation (agenda page 10) first paragraph: replace wording “at the headwaters of…” with “where it joins” · Item 6.2, Ngāti Manawa Te Mana o Te Wai Project (agenda page 11) remove first bullet point under Key Points (as it does not relate to TMoTW project team’s mahi). Rangiaho/Winters CARRIED |
7. Whakahoutanga Kōrero
Verbal Updates
7.1 |
Forum Members' Updates |
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Terewai Kalman - Te Rūnanga o Ngāti Manawa: · Working with councils on a number of projects, i.e. tuna and Resource Management Act reforms · Te Mana o Te Wai project team were currently undertaking tuna heke and would be attending a conference with other Te Mana o Te Wai (TMoTW) teams around the rohe · Finalising a TMoTW framework and agreements with councils/other entities · Main focus for teams was building capability and succession planning. Karito Paul - Te Rūnanga o Ngāti Manawa: · The Tuna & Taiao Expo Day at Kani Rangi Park held in September 2022 had been a success with 2,000 plantings on the day and tauira/students from local kura learning about conservation aspects for tuna · Bill Kerrison memorial update – progress had previously stalled due to structural issues with the design concept however, work was underway on making the necessary adjustments. Cr Wilson James – Whakatāne District Council: · On Cr O’Brien’s behalf, expressed thanks to the Forum for providing letters of support for the installation of a toilet block on the eastern side of the Thornton river mouth. Toilet facilities had recently been erected and a blessing undertaken on Wednesday 22 March 2023 with final work being completed today. It was noted that the toilet block had been funded by the Lions Foundation and the remaining costs covered by Whakatāne District Council. Miro Araroa – Te Rūnanga o Ngāti Awa: · Tu O’Brien had recently been elected as Ngāti Awa’s Board Chairman. · Court proceedings were still ongoing for the Whakaari/White Island disaster · Ngāti Awa were working with Manawa Energy on the tunaheke programme and integrating this alongside Ngāti Awa’s kiwi conservation mahi. Shaneen Simpson-Almond, Ngāti Tūwharetoa (BOP) Settlement Trust: · Ngāti Tūwharetoa (BOP) Settlement Trust were meeting with the Ministry for the Environment this week to discuss their concerns and position on RMA reforms. Cr Kevin Winters – BOPRC Toi Moana: · Council had been working over the last few years to update its flood protection plans for the region, i.e. Ngongotahā Stream, Whakatāne and Rangitāiki rivers (included between Matahina Dam and Thornton) to protect farmland and communities, and design work was in the final stages with further capital expenditure for the Rangitāiki flood spillway being looked at to protect the Edgecumbe township since the 2017 flood. · Noted lessons to be learnt for everyone following Cyclone Gabrielle and work happening behind the scenes, including with the territorial authorities. Deputy Mayor Lesley Immink, Whakatāne District Council: · The Tarawera Awa Restoration Strategy Group had held its inaugural meeting on 28 February 2023. Membership was comprised from Ngāti Rangitihi, Regional Council, Whakatāne and Kawerau District Councils, Rotorua Lakes Council, Ngāti Awa, Ngāti Tūwharetoa (BOP) Settlement Trust and Ngāti Makino. Noted that Jane Waldon was providing secretariat support during the Strategy Group’s establishment. Noted that the Strategy Group would look to receive learnings from the Forum and were excited about working collectively to protect and restore the mauri of the Tarawera Awa. Ngawai Crawford – Hineuru Iwi Trust: · Due to Cyclone Gabrielle and recent changes in Hineuru Iwi Trust’s Board, new members had not had the opportunity to receive a handover from their predecessors and would be looking to do this in due course. Ngapera Rangiaho – Tūhoe Te Uru Taumatua: · Tūhoe Te Uru Taumatua had been supporting their whanaunga in the Wairoa District and Waikaremoana area following Cyclone Gabrielle · Navigating RMA reforms, consent applications and climate change impacts on tuna fisheries · Kokopū Trust monitoring of tunaheke and accountability with Manawa Energy. Cr John Williamson - Taupō District Council: · Taupō District plan change review was open for further submissions until Friday 7 April 2023. · Council was current working on their Annual Plan. · Council had undertaken a site visit in March 2022 of Nova Energy’s solar power project at Otamatea Awa, noting the benefits to wetland restoration. |
7.2 |
Rangitāiki River Festival Update Presentation - Rangitaiki River Festival 11 March 2023: Objective ID A4341645 Presented by: Annie Tangata, Community Engagement and Communications Advisor, Manawa Energy |
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Annie Tangata provided an update on the Rangitāiki River Festival held on Saturday, 11 March 2023. Key Points: · Noted that the festival had been well attended and had great representation from the schools in the lower Rangitāiki area · Festival highlights included the kahawai fishing contest, children’s events and new bombing platform · Carwyn Kerrison of the Kokopu Trust had provided a tuna display and photos of his late father Bill Kerrison. Manawa Energy had information on tuna also · Recognised Bill Clark and the Edgecumbe Lions Club for their organising and efforts for what was a successful day and event. · Hoped to encourage attendance from schools further up the catchment in the future. Key Points - Members: · Congratulated and commended Bill Clark and the Edgecumbe Lions Club’s efforts and all those involved in the organising of the festival. |
8. Whakaaturanga
Presentations
8.1 |
Wheao Dam Reconsent Update – Item Withdrawn The item was withdrawn due to unavailability of the presenter and was deferred to the next meeting of the Forum. |
8.2 |
Establishing a Netting Programme for Tunaheke downstream of Matahina Dam Presentation - Manawa Energy Matahina Netting Programme: Objective ID A4334619 Presented by: Caleb Sjardin, Lead Advisor – Environmental Performance, Manawa Energy |
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Key Points: · Background on Matahina Dam’s barrier to fish passage, timeline of downstream passage options review, management plan and expert advice provided from Jacques Boubee · Upcoming migration season would involve an intensive tunaheke netting programme with Omataroa Rangitāiki No.2 Trust · Outlined key preparation aspects, programme components, proposed and potential netting locations that would be trialled and training undertaken · Results and learnings would assist with refining the management plan and future mahi and would feed into Matahina Dam’s resource consent reporting. Results would also be shared at a Matahina community hui later in the year · Acknowledged Miro Araroa, the Omataroa Rangitāiki No.2 Trust and Carwyn Kerrison for sharing his mātauranga/knowledge with the programme and future opportunities to expand training for the next generation of rangatahi. In Response to Questions: · Was open to discussions to explore fish passage options, however noted that the dam’s size and elevation made non-human intervention options a challenge · Investment was being put into upgrading Bill Kerrison’s trap/transfer design and trialling this to make it as efficient as possible and to provide for other fish species · Those involved in the netting programme would be paid for their time. · Was open to incorporating mātauranga Māori methods into the netting programme · Provided an update on the Archimedes screw/fish elevator. The first two stages of installation had been completed, allowing elvers to be collected in a tank that was attached to the station wall next to the upgraded trapping system for vehicle transfer. Due to technical challenges and ongoing maintenance stage three (Archimedes screw up to the Station carpark) was being debated and discussions were ongoing into other viable solutions. Key Points - Members: · Recognised first steps being taken and the importance of iwi involvement in decision-making, building capability, succession planning and next steps for how the work was funded · Data integrity and information sharing was important for Iwi and needed to be discussed and considered · Excited to see the involvement of rangatahi and noted a potential funding avenue that may assist with the programme · Working collectively with iwi to incorporate mātauranga Māori within the programme was noted for consideration · Noted that the Rotorua lakes’ catfish netting programme used fyke nets and may be able to provide useful advice and experience. Staff - Key Points: · Jane Waldon, Co-Governance Secretariat noted that Regional Council’s Rivers and Drainage team had specialised machinery and may be able to assist with the programme. |
8.3 |
Department of Conservation/Te Papa Atawhai Update on Whitebait Regulations and Current State of Inanga within the Tarawera and Whakatāne Rivers Presentation - "He mana nui tō te ika iti" Whitebait Species found in Eastern Bay of Plenty Rivers: Objective ID A4335429 Tabled Document 1 - Whitebaiters Guide to Whitebaiting - Summary of Whitebait Fishing Regulations 2021 (published January 2023): Objective ID A4342160 Presented by: Eriora Park, Biodiversity Ranger supported by Merenia Sawrey, Senior Advisor Treaty Partnerships and Pohoira Hughes-Iopata, Kaiwhakatairanga Tiriti |
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Key Points: · Background on native whitebait species, threats/pressures and their importance to our freshwater and marine ecosystems · Whitebait regulation amendments were released in July 2021 · Community hui held in Matatā, Whakatāne and Ōpōtiki had highlighted gaps in knowledge which had led to a two-year research project to identify species composition · The research project was carried out in the Waioeka, Whakatāne and Tarawera Awa at specific sites and in accordance with the maramataka · Sampling results identified more inanga in the Tarawera, variation of species between each river and larger proportion of smelt in later months. No giant kokopu had been detected in either of the rivers · The project had included the involvement of local people and community engagement/wānanga held with local kura · Indicated potential opportunity and willingness to support/undertake research in the Rangitāiki Awa if the Forum wished to consider it in future · Questions on the whitebait regulations could be taken and information provided back to the Forum at a later time · Wished to educate people on inanga and the importance of preserving the rarer species · Circulated the Guide to Whitebait Fishing Regulations incorporating the 2021 amendments, noting that an updated version (published in January 2023) would be circulated electronically with the meeting minutes (refer Tabled Document 1). Key Points - Members: · Thanked Te Papa Atawhai staff for their presentation, mahi and willingness to share their knowledge. Staff – Key Points · Co-Governance Secretariat Jane Waldon noted the presence of a Giant Kokopu had been found within a perched wetland (Ngakauroa) within the Omataroa Rangitāiki No.2 Trust land block. |
9. Ngā Pūrongo
Reports
Ngā
Whakatau e Hiahiatia Ana
Decisions Required
9.1 |
Change of Membership Herewini Simpson, Kaihautu Te Amorangi Lead, Bay of Plenty Regional Council Toi Moana presented the report which was accepted and taken as read. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Change of Membership. 2 Notes the following members appointed to the Rangitāiki River Forum: 3 Crs Malcolm Campbell, Toi Kai Rakau Iti (reappointed), Kat Macmillan and Ken Shirley and Kevin Winters (reappointed) as the appointed members for Bay of Plenty Regional Council Toi Moana; 4 Crs Tuwhakairiora O’Brien as the appointed member for Whakatāne District Council and Wilson James (reappointed) as the alternate member; 5 Crs John Williamson (reappointed) as the appointed member for Taupō District Council and Yvonne Westerman as the alternate member; 6 Ngawai Crawford as the appointed member for Hineuru Iwi Trust and Tracy Bush as the alternate member; 7 Mihipeka Sisley as the alternate member for Te Rūnanga o Ngāti Awa. Winters/Simpson-Almond CARRIED |
Hei
Pānui Anake
Information Only
9.2 |
Rangitaiki Catchment Programme December 2022-February 2023 Dashboard Report Presented by: Charles Harley, Team Leader Eastern Catchments, Bay of Plenty Regional Council Toi Moana Key Points: · The Dashboard report provided a summary of work being undertaken by the Regional Council and territorial authorities that linked and aligned with the objectives and actions of Te Ara Whānui o Rangitāiki River Document · Regional Council was recruiting for a fish passage officer to cover the region. Two years of funding had been secured within Council’s budget to bring more awareness to fish passage within the work that Regional Council undertook in connection with agency/industry stakeholders, i.e. forestry, agriculture, horticulture, transport and territorial authorities. Key Points - Members: · Sought consideration/alignment with Te Mana o te Wai and Mātauranga Māori and engaging with Iwi/hapū where appropriate within the role · Sought awareness of relevant freshwater management policy/regulations within the role when communicating with agency/industry stakeholders · Urged any sightings of dama wallaby to be reported to Regional Council’s land management team to help contain satellite populations. In Response to Questions - Staff: · Key specification skills for the fish passage officer position would include coordinating, communicating and working proactively with the community · Would be seeking advice from Herewini Simpson in relation to Iwi/hapū considerations. · Regional Council would follow-up immediately with any dama wallaby sightings that were reported. |
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Items for Staff Follow Up: · A map (visual aid) was requested to illustrate where project were occurring within the catchment as part of the Dashboard reporting. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Rangitaiki Catchment Programme December 2022-February 2023 Dashboard Report. Araroa/Kalman CARRIED |
9.3 |
Secretariat Update Presentation - Website Development - Grahn Creative: Objective ID A4346030 Presented by: Jane Waldon, Co-Governance Secretariat, accompanied by Adria Green, Digital Marketing & Web Design, Grahn Creative Key Points: · Recommended an internal process begin with iwi members to commence a review of Te Ara Whanui River Document to provide additional lead-in time before the 2025 review timeframe · Regarding the tuna plan, raised for the Forum’s consideration seeking independent specialist (engineering) support to review the Wheao and Aniwaniwa resource consents that were due for renewal in 2026 and potential review of Manawa Energy’s downstream fish passage options report and management plan · A charitable trust would enable the Forum, and in particular Iwi members, an additional avenue to apply for funding for environmental projects and independent specialist advice · How the charitable trust was structured was up to the Forum to decide · The initial proposal was for the charitable trust to support both the Rangitāiki River Forum and Te Maru o Kaituna River Authority · Development of a website would provide a place for all activity in relation to the Rangitāiki Awa and catchment to be independent of the Regional Council and accessible to more people · A contract could be put in place for the next 12 months for any necessary changes to be made to the website as and where required · Adria Green presented design options for establishing a website where the Forum could translate key messages and information into a digital format, with opportunity for other visual elements to be incorporated. In Response to Questions: · Cost of $4K-6K to establish a charitable trust included legal costs and establishing the trust deed · The cost to develop a website was $6K which would be covered by the Secretariat’s budget and included development of a Communications Strategy that would provide a framework for updating the website · Clarified that establishing a charitable trust would remove the issue that Te Maru o Kaituna had experienced in regard to Council’s administrative funding approval processes · Clarified significant consents on the river were those that were up for renewal. Key Points - Members: · Requested further information on the legal responsibility and liabilities of setting up a charitable trust · Supported the development of a website to raise awareness about the Forum and provide an avenue to connect and engage with the community · Recognised the additional funding avenue and support that a charitable trust would provide · Noted the Forum’s previous success in attaining external funding for wetland restoration from the Freshwater Improvement Fund through the Regional Council · Discussed external specialist advice in regard to significant resource consents that would be seeking application and/or renewal in 2026. Key Points - Staff: · Requested advice in relation to setting up of a charitable trust also include Regional Council’s legal responsibility and liability. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Secretariat Update; 2 Agrees that the timeframe for reviewing Te Ara Whānui o Rangitāiki for the iwi within the Forum is brought forward to begin in 2023; 3 Agrees to create a working party to review the Tuna Plan; 4 Agrees to proceed with the development of a website and communications strategy; 5 Request a report on options to establish a charitable trust; 6 Request Regional Council provide a status report on significant consents within the Rangitāiki River Catchment. Simpson-Almond/Rangiaho CARRIED
Miro Araroa abstained from voting.
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9.4 |
Update from the Rangitaiki-Tarawera Rivers Scheme Advisory Group Presented by: Kirsty Brown, Rivers & Drainage Assets Manager Key Points: · The report provided an update from the River Scheme Advisory Group’s meeting held in September 2022 and was taken as read · Advisory Group hui were held in March and September and did not align with Forum meetings, with the latest meeting held on 22 March 2023 · Agenda report updates would continue to be provided to the Forum following each Advisory Group meeting. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Update from the Rangitaiki-Tarawera Rivers Scheme Advisory Group. Kalman/James CARRIED |
9.5 |
Essential Freshwater Policy Programme Update Presentation - EFPP Update and Visions: Objective ID A4059405 Gemma Moleta, Senior Planner (Water Policy) presented the report which was taken and accepted as read. Key Points: · Gemma Moleta alongside the freshwater policy and Kaupapa Māori teams were available to answer any questions that members had on the Regional Council’s Essential Freshwater Policy Programme for implementing the National Policy Statement for Freshwater Management. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Essential Freshwater Policy Programme Update. Rangiaho/Araroa CARRIED |
10. Karakia Kati
Closing Karakia
A karakia was provided by Miro Araroa.
1:45 pm – the meeting closed.
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Confirmed
Bronco Carson
Chairperson, Rangitāiki River Forum
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Pūrongo
Ki: |
Rangitāiki River Forum |
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Rā
Hui: |
2 June 2023 |
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Kaituhi
Pūrongo: |
Shari Kameta, Committee Advisor |
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Kaiwhakamana Pūrongo: |
Chris Ingle, General Manager, Integrated Catchments |
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Kaupapa: |
To confirm the appointment of a new member onto the Rangitāiki River Forum (Forum) and consider the election of a new Chairperson and Deputy Chairperson. |
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Change in Membership and Election of a new Chairperson and Deputy Chairperson
Whakarāpopototanga The report seeks to confirm a change in membership for Te Rūnanga o Ngāti Whare (TRONW) following Bronco Carson stepping down as the appointed member. Consequently, the Forum is asked to elect a new Chairperson and if required consider the election of a Deputy Chairperson. |
Ngā
tūtohutanga
Recommendations
That the Rangitāiki River Forum:
1 Receives the report, Change in Membership and Election of a new Chairperson and Deputy Chairperson;
2 Confirms the appointment of Te Taute Taiepa as the appointed member for Te Rūnanga o Ngāti Whare, replacing Bronco Carson;
3 Acknowledges Bronco Carson for his valuable contribution to the Forum;
4 Selects System B as the voting system for the election of a Chairperson and Deputy Chairperson;
5 Elects __________________ as the Chairperson of the Rangitāiki River Forum;
6 Elects __________________ as the Deputy Chairperson of the Rangitāiki River Forum.
Change in Membership
Notice was received from Te Rūnanga o Ngāti Whare (TRONW) of the Board’s decision on 17 April 2023 to support Bronco Carson stepping down as their appointed member on the Forum and to appoint Te Taute Taiepa in his place.
Te Taute Taiepa is welcomed onto the Forum and acknowledgement is made to Bronco Carson for his valuable contribution having served on the Forum as the Chair during its establishment in May 2012 to December 2014, and then again as Deputy Chair from June 2021, before being re-appointed to the Chair from December 2021 to April 2023.
Election of a Chairperson and Deputy Chairperson
Bronco’s departure from the Forum has created a vacancy for the Chairperson’s position. Provisions for the election of the Chairperson and Deputy Chairperson are set out under the Forum’s Standing Orders 5.1, 5.3 and 5.4 as follows:
• The Forum must decide by resolution to use one of two voting systems (outlined in section 2 below) when electing people to the Chairperson and Deputy Chairperson positions.
• The appointment must be decided at a meeting by vote and by the majority of members present and voting.
• The appointment is for a term of 3 years unless the Chairperson resigns or is removed by the Forum during that term and may be reappointed by the Forum.
Chairperson and Deputy Chairperson Election Tikanga/Protocol
It has been the understanding of
the Forum and supported by Iwi members that the Chair and Deputy Chair
positions are held by the appointed members of the Forum’s two founding
Treaty Settlement partners on a rotational basis. In support of this continued
practice, Te Rūnanga o Ngāti Manawa has endorsed
Terewai Kalman (current Deputy Chair) to be appointed as the Forum’s
Chair, if supported by
Te Rūnanga o Ngāti Whare.
If the current Deputy Chair is elected as the Chair, the Forum may consider electing a new Deputy Chair at this meeting, or to defer it to a subsequent meeting.
2. Voting System for election of Chairperson
The Forum must resolve to use one of the following voting systems, as set out in the Forum’s Standing Orders:
“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 Forum 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 2 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 2 or more candidates tie for the most votes, the tie is resolved by lot.”
It is recommended that the Forum selects System B as its voting system, as the easier of the two voting systems.
3. The Voting Process
The following provides the steps in the voting process:
1. Forum resolves to adopt a voting system and the procedure in the event of a tie.
2. Deputy Chairperson calls for nominations for the Chairperson (nominated and seconded).
3. Nominees may be allowed up to 10 minutes to make a presentation.
4. Voting for the appointment of the Chairperson as per the agreed system.
5. Chairperson declared elected.
In agreeing the voting process, ground rules are also agreed.
Ground Rules
a) A member may nominate or second themselves.
b) Any member may call for a division – where the names of members voting for and against and any abstentions, are taken down in random order.
4. Ngā Whakaarohanga
Considerations
4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations
There are no significant risks associated with this decision.
4.2 Huringa Āhuarangi
Climate Change
The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.
4.3 Ngā Pānga ki te Māori
Implications for Māori
The matters addressed in this report are of a procedural nature where there are no significant implications for Māori associated with the decision.
4.4 Whakawhitiwhiti ā-Hapori
Community Engagement
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Engagement with the community is not required as the recommended decision relates to internal Forum matters only. |
4.5 Ngā Pānga ā-Pūtea
Financial Implications
There are no material unbudgeted financial implications and this fits within the allocated budget.
5. Ngā Mahi Whai Ake
Next Steps
Once appointed, the Chair and Deputy Chair roles remain for a term of three years (i.e. until June 2026), unless they resign or are removed by the Forum during that term.
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Pūrongo Ki: |
Rangitāiki River Forum |
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Rā Hui: |
2 June 2023 |
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Kaituhi Pūrongo: |
Michelle Lee, Planner (Water Policy) and Nicola Green, Principal Advisor, Policy & Planning |
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Kaiwhakamana
Pūrongo: |
Namouta Poutasi, General Manager, Strategy & Science |
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Kaupapa: |
To advise the Rangitāiki River Forum of freshwater policy engagement underway in the Rangitāiki and invite members’ involvement. |
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Essential Freshwater Policy Programme Update
Whakarāpopototanga The Essential Freshwater Policy Programme (policy programme) is Toi Moana Bay of Plenty Council’s work programme to implement the requirements of the National Policy Statement for Freshwater Management 2020 (NPSFM), primarily via changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (Regional Plan). This report provides an update on this policy programme most relevant to the Rangitāiki. It includes an update on public engagement launched in April, planning methodology development, and pending changes to national regulations. Rangitāiki Freshwater Management Unit Story and feedback form are available online on Participate.BOPRC.govt. The Rangitāiki Freshwater ‘drop in anytime’ sessions and hui ā-rohe sessions provide further opportunities for kanohi-ki-te-kanohi discussions. The upcoming dates are 2 June, 23 July, 16 August (rsvp), 25 August (rsvp), and 8 September. Forum partners and members are encouraged to promote these events. |
Invitations to tāngata whenua remain open for identifying the local approach to giving effect to Te Mana o te Wai, implementing the National Objective Framework, informing freshwater management changes to the RPS and Regional Plan, and developing and implementing mātauranga Māori and other monitoring. |
Ngā
tūtohutanga
Recommendations
That the Rangitāiki River Forum:
1 Receives the report, Essential Freshwater Policy Programme Update.
1. He Whakamārama
Background
The Essential Freshwater Policy Programme is Toi Moana’s work programme to implement the National Policy Statement for Freshwater Management 2020 (NPSFM) and review the Regional Natural Resources Plan (Regional Plan).
Tight timeframes are necessary to achieve notification of freshwater changes to the Regional Policy Statement (RPS) & Regional Plan 2024 as required by legislation. This year’s focus is primarily on continuing to involve tangata whenua, engaging communities, and developing draft policy options before making decisions about what changes Toi Moana will propose.
Iwi and hapū are continually invited to be involved in this work. Toi Moana team maintains a good-faith approach to implementing the aspirations of the NPSFM.
This report provides an update on aspects of this policy programme that are most relevant to the Rangitāiki. It includes an update on public engagement launched in April, planning methodology development on Kaupapa Māori topics, and pending changes to national regulations.
2. Rangitāiki engagement update
Community engagement events and online engagement launched in April 2023. Information is available on webpages ‘Updating regional freshwater rules’, ‘Engaging with tangata whenua’ and ‘Participate BOPRC’, including the most updated event dates and locations, the Rangitāiki FMU Story and the Regional freshwater overview. Events are also promoted on social media, e-pānui Freshwater Flash, local newspapers, and radio advertising.
Awareness raising events
· Saturday 11 March, Rangitāiki River Festival at Thornton Domain Reserve
Rangitāiki Freshwater Community Group
· Thursday 13 April, 9:30am-1pm, Galatea Hall
Rangitāiki public engagement drop-in sessions
· Thursday 27 April, 2-7pm, Galatea Hall
· Friday 2 June, 2-7pm, Eastbay REAP 21 Pyne St, Whakatāne
· Sunday 23 July, 10am–2pm
· Friday 8 September, 2-7pm.
Hui-ā-Rohe for tangata whenua
· Kōhī Wednesday 24 May, Eastbay REAP, 21 Pyne Street, Whakatāne. 2-4pm 5.30-7.30pm
· Kōhī Friday 25 August, 2–4pm, 5:30–7.30pm
· Ōkūrei Wednesday 17 May, Te Ao Marama (Ōhinemutu). 2-4pm, 5.30-7.30pm
· Ōkūrei Wednesday 16 August, 2-4pm, 5.30-7.30pm,
Forum members were informed of the Rangitāiki drop-in session and hui-ā-rohe (Kōhī and Ōkūrei) dates, and a copy of the Rangitāiki FMU Story and Regional freshwater overview was provided by email on 12 April. An open drop-in-anytime session is scheduled straight after this Forum meeting to enable Forum members to participate easily.
It is anticipated that issues and options papers, some draft plan change text, and technical reports will be made available online in coming months for those who want to comment in more detail.
A feedback summary will be reported when this engagement period concludes in late September. The team will provide updates in Forum meetings on 1 September and 16 November.
3. Hui ā-rohe
The hui ā-rohe are hosted by Toi Moana Māori Councillors and facilitated by independent contractors. The hui ā-rohe agenda and content are different to the community engagement drop-in sessions. Instead of focusing on freshwater management issues, they focus on the opportunity for mātauranga Māori input.
Hui ā-rohe May agenda outline:
· An overview of the NPSFM and what it is asking of us. The delivery and language are pitched to the audience and their values.
· The approach builds on what tangata whenua have already told us and the values and interests expressed, and furthering that understanding by having a guest speaker from an iwi group at each hui ā-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.
Two series of sub-regional hui ā-rohe for tāngata whenua will be held in May and August. Two sessions (afternoon 2pm-4pm and evening 5.30pm-7.30pm) will be held on each date to provide reasonable opportunity for people to attend. Iwi members and their organisations were invited and will be again in August.
Any advice and recommendations from Forum members who attended hui ā-rohe are welcome and can be taken on board for the August hui ā-rohe round.
4. Future tangata whenua input and planning framework
Under Te Mana o Te Wai and the NPSFM, there is an implicit assumption that specific cultural values and attributes (such as those that identify mahinga kai) would be generated from within tāngata whenua knowledge systems and would be accessible to Council through engagement with iwi/hapū. To date, the response to this has been mixed.
The team at Toi Moana is developing a way for the regional planning framework to be future-ready and to accommodate tangata whenua inputs that come after the Regional Plan is notified in 2024. At the time of writing this report, Toi Moana is considering mechanisms to make the future plan responsive to cultural information that becomes accessible over time. Mechanisms identified include:
1. Enhancing Iwi Management Plans (support for tangata whenua cultural values documentation to a greater level of specificity)
2. Enhancing consultation (greater attention to cultural values in policy creation)
3. Enhancement to discretionary consenting (for example, provide greater emphasis on considering “cultural values” in resource consent)
4. Commitment to future, specific plan changes (to enable the direct incorporation of cultural material into the Regional Plan).
Council has supported this approach and these elements will be tested through the plan-design process.
5. Pending national regulations relating to freshwater
5.1 Legislative Framework
The Resource Management Act 1991 (RMA) requires all regional councils to notify Freshwater-related changes to the RPS and Regional Plan that fully implement the NPSFM by 31 December 2024. Council will need to ensure that Regional Plan changes in 2024 are aligned with national regulations or add more stringent requirements.
Table 1 outlines upcoming national regulatory changes relating to freshwater management. These national changes are likely to be gazetted within the next three months, while engagement on regional draft policy options is underway.
Table 1: Pending national changes relating to freshwater
National regulation changes |
Release Dates |
Amendments to the National Environmental Standards for Sources of Human Drinking Water 2007 (NES-DW) |
Likely gazettal between May-August 2023 (stated initially as mid-late 2022). |
Freshwater Farm Plan (FWFP) regulations |
Likely gazettal May 2023. |
Amendments to the National Environmental Standards for Plantation Forestry 2017 |
Likely gazettal uncertain. |
5.2 Freshwater Farm Plan Regulations
The Freshwater Farm Plan (FWFP) regulations are anticipated to be gazetted in May. Then, FWFPs need to be prepared by farm operators for all farms over 20ha and horticulture over 5ha, potentially by the end of 2025. Toi Moana will need to advise farmers and growers about when they need to begin developing a FWFP.
5.3 Protection of Sources of Human Drinking Water
The Government is anticipated to strengthen the National Environmental Standard for Sources of Human Drinking Water (NES-DW) by August. It will require regional councils to map ‘source water risk management areas’, establish three land area categories depending on proximity to a source water take (supplying more than 500 people), and implement additional restrictions in immediate and medium-term risks areas.
These regulations may also create a need to set additional policies and rules in the Regional Plan to protect the water quality of these drinking water sources.
6. Ngā Whakaarohanga
Considerations
6.1 Ngā Mōrea me Ngā
Whakangāwaritanga
Risks and Mitigations
There are no direct risks for the Forum associated with Toi Moana delivering this policy programme.
This policy programme provides opportunities for the Forum to play a key role in advocating for the protection and enhancement of the Rangitāiki River and its resources for the benefit of present and future generations.
Promoting the integrated and coordinated management of the Rangitāiki River and advising this policy programme is within Forum’s purpose and functions.
As for this policy programme, several risks and issues are associated with the pending national regulations and their delay. It leaves Toi Moana with a very constrained timeframe to develop and integrate draft regional plan provisions to meet freshwater objectives. Having these regulations released in the middle of the policy programme engagement can create additional communication challenges and confusion for communities affected by multiple changes at the same time.
6.2 Huringa Āhuarangi
Climate Change
Climate change impacts are considered as part of proposed changes to the RPS and the Regional Plan to implement the NPSFM. The matters addressed in this report are of a procedural nature, and there is no need to consider climate change impacts.
6.3 Ngā Pānga ki te Māori
Implications for Māori
Kaupapa Māori work in this policy programme currently focuses on delivering hui ā-rohe sessions, supporting various tangata whenua-led projects, and connecting to organisations and groups. Policy discussions around delivering the NPSFM in relation to tangata whenua interests are progressing as updated in the report.
Toi Moana staff continue to invite and support iwi and hapū involvement to the extent they want to be involved or have the capacity to be involved. The challenges of tangata whenua engagement will continue through 2023, and staff are maintaining a good-faith approach to implementing the aspirations of the NPSFM.
6.4 Whakawhitiwhiti ā-Hapori
Community Engagement
As outlined in the update, the Toi Moana team are currently engaging with tāngata whenua and communities, which is a key focus throughout 2023
6.5 Te Hāngai ki te Pou Tarāwaho Rautaki
Alignment with Strategic Framework
Toi Moana is obliged to implement the NPSFM. This work contributes toward delivering Te Ara Whānui o Rangitāiki Pathways of the Rangitāiki River document. Particularly Objective 3, actions 3.1 (Strategic Action B), 3.3, 4.1, 4.2 and 4.4 (contributing actions), which had already been incorporated in the Bay of Plenty Regional Policy Statement since 9 October 2018.
· Objective 3 Water quality is restored in the Rangitāiki catchment.
· Action 3.1 Develop sustainable environmental flow and Rangitāiki catchment load limits (e.g. nutrients, sediments and bacteria) through the Freshwater National Policy Statement Framework, including establishing: the current and anticipated future state; freshwater objectives; limits for meeting freshwater objectives.
· Action 3.3 Identify, forecast and assess emerging pressures on the resources in the Rangitāiki catchment and likely opportunities and targets for restoring water quality.
· Action 4.1 Work with the rural industries, iwi, landowners, the community and other willing stakeholders in the Rangitāiki catchment to articulate their aspirations for prosperity and values for freshwater through the Freshwater National Policy Statement framework.
· Action 4.2 Understand the status of water allocation and efficiency of use (including irrigation).
· Action 4.4 Engage in Rangitāiki catchment freshwater debates and issues.
6.6 Ngā Pānga ā-Pūtea
Financial Implications
There are no financial implications for Forum associated with this report. This engagement fits within the Toi Moana EFPP allocated budget.
7. Ngā Mahi Whai Ake
Next Steps
1. Rangitāiki River Forum continues to be invited to provide advice and recommendations throughout the freshwater policy process. Forum members and their organisations are encouraged to promote participation in relevant events.
2. Engagement feedback will be summarised from Hui ā-rohe and community engagement events.
Draft policy options, assessments, and plan change text, including the approach to responding to Kaupapa Māori information will be drafted through the next stage of the plan development process.
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Pūrongo Ki: |
Rangitāiki River Forum |
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Rā Hui: |
2 June 2023 |
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Kaituhi Pūrongo: |
Ella Tennent, Consents Manager |
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Kaiwhakamana
Pūrongo: |
Reuben Fraser, General Manager, Regulatory Services |
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Kaupapa: |
Information on resource consents in the catchment. |
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Update on Significant Resource Consents
Whakarāpopototanga This report provides a brief summary of significant resource consents in the catchment as suggested by the Rangitāiki River Forum. |
Ngā tūtohutanga
Recommendations
That the Rangitāiki River Forum:
1 Receives the report, Update on Significant Resource Consents.
1. He
Whakamārama
Background
The upper Rangitāiki catchment contains three hydroelectric dams and extensive dairy farming. The lower catchment has the Fonterra factory at Edgecumbe and stopbanks for flood protection. Resource consents from Bay of Plenty Regional Council (Toi Moana) are required for activities that are not permitted by a rule in a regional plan or through a National Environmental Standard. The upper Rangitāiki catchment contains three hydroelectric dams and extensive dairy farming. The lower catchment has the Fonterra factory at Edgecumbe, stopbanks for flood protection, dairy farms and kiwifruit orchards.
There are approximately 250 current consents in the catchment including approximately 50 for dairy effluent and approximately 93 water takes. Current consents are shown in the following table.
Table 1 – Number of consents by consent type
Dairy effluent discharges to land are ‘controlled activities’ and are precluded from limited and public notification. Consultation with iwi and hapū is not undertaken for dairy effluent consents as the rule prescribes the matters of control and cultural effects are not within scope. For several years now, Toi Moana has been requiring effluent storage upgrades for dairy effluent consents across the region. This is occurring through the replacement consent process – when a consent expires and a new consent is required – with conditions requiring sealed storage and increases in storage capacity.
Drilling bores is also a controlled activity and consultation with iwi and hapū is not undertaken for these consents. However, consents to take water are discretionary activities and consultation with iwi and hapū is routinely undertaken for water takes. The current preferred process is for the applicants to directly contact the relevant iwi and hapū prior to lodging a consent application. Toi Moana’s website outlines the process and provides guidance for consulting with tangata whenua and the consent process https://www.boprc.govt.nz/environment/resource-consents/engaging-with-tangata-whenua and https://www.boprc.govt.nz/environment/resource-consents/understanding-resource-consents-and-the-process
Consents are displayed on the Toi Moana website, shown spatially and with links to consent documents.
2. Resource Consents
2.1 Hydroelectric Dams
There are three hydroelectric dams within the catchment with different expiry dates.
· Matahina Dam, Manawa Energy Ltd/Trustpower, expires 2048
· Lake Aniwaniwa, Southern Generation. The take and discharge consents expire 2026 and the dam consent expires 2042. They also hold other related smaller scale consents with differing expiry dates.
· Wheao, Manawa Energy Ltd/Trustpower, expires 2026.
The consent holder for the Wheao dam has indicated to the consents team that they intend to lodge a replacement application in May or June this year and will request public notification. The consent holder was advised to consult directly with tangata whenua and statutory acknowledgement groups prior to lodgement of the application.
2.2 Dairy Factories
The Fonterra Edgecumbe factory consents were granted earlier this year after a very long process following public notification and submissions. Submissions were resolved with a change to the proposal to significantly improve the discharge quality. This necessitates construction of a new wastewater treatment plant. Fonterra have applied for resource consents from Whakatāne District Council and Toi Moana for the proposed wastewater treatment plant. The consents from Toil Moana are currently on hold for information and the air discharge is likely to be publicly notified.
Fonterra have also applied for a replacement water take and have sought a reduced rate of take. The existing consent provides for 900 litres per second (l/s) to be taken from the Rangitāiki River and the replacement consent application seeks 450 l/s. Comments were received from Ngāti Awa on the water take application. The Matahina dam consent includes minimum flow requirements which affects allocation downstream of the dam. The change to the Fonterra water take will further free up allocation from the river.
Waiu is a new dairy factory located near Kawerau. It is supplied with water from the district council reticulated supply and has a consent for disposal of wastewater to land. Cultural Impact Assessments were provided for the proposal and fed into the conditions of consent
2.3 Other Consents
Ecocast is an existing composting facility near Kawerau. A replacement consent is currently on hold and through the consent process the applicant has proposed to monitor groundwater quality and treat groundwater if required.
Consent for Tiaki Plantations’ Log Processing Yard in Kawerau expires 2033 (RM18-0267).
There is a consented district council landfill in Murupara (consent 30100) and the Te Mahoe village reticulated wastewater is discharged to land.
A solar farm is consented at the top of the catchment. This will reduce nutrients from farming as the farm will convert from dairy to sheep. Consultation was undertaken by the applicant and the application was notified to iwi and hapū prior to being granted.
2.4 Flood Mitigation Consents
A variation to the spillway consent at Hydro Road, Edgecumbe was publicly notified in October/November last year. Rivers and drainage (Toi Moana) are working through the technical review and addressing submissions. Ngāti Tūwharetoa have provided a Cultural Impact Assessment for the application and a Cultural Impact Assessment has been commissioned from Ngāti Awa. Smaller scale non-notified consents for stopbank improvements have been progressed, with one application still being processed.
2.5 National Environmental Standards for Freshwater
In 2020 the Ministry for the Environment released the National Environmental Standards for Freshwater (NES-F). The NES-F introduced new rules that impact farming, in particular:
· A maximum annual nitrogen input from synthetic fertiliser
· Consent is required to convert more than 10 ha forestry land to farmland
· Consent is required to convert more than 10 ha dry stock farmland to dairy
· Consent is required to convert any land to dairy support
· Consent is required to increase irrigation of dairy farms by more than 10 ha.
The rules for converting land and increasing irrigation are in force only until December 2024, when a plan change is due (update on this also being presented to the forum at this meeting). The NES-F sets criteria for granting consent to conversions or dairy irrigation that seek to cap the nutrient, sediment and bacterial footprint from the subject property at the levels prior to the NES-F coming into force. In most cases this will require significant offsetting and is a major impediment to gaining consent. There are currently two applications for increased irrigation of dairy farms that are on hold for further information.
2.6 Water Takes
The Regional Plan caps the surface water takes upstream of the hydroelectricity dams at the allocation that was present at the time of the Regional Plan. Downstream of the dams there is approximately 2,100 l/s currently available. The existing allocation framework provides for 10% of the Q5 7-day low flow to be allocated to water takes. When processing replacement consents for water takes, consent planners consider the models and previous use records and take this into account in ensuring that allocation is efficient. In general, replacement consents are granted for less annual allocation than the consents they replace.
Figure 1: illustrative of the operative method used to allocate surface water
Groundwater is available in some areas of the catchment and is shown below and on the Toi Moana website indicative groundwater map. Scientific research and analysis is being undertaken in preparation for a plan change due to be notified in 2024 which is expected to change the water allocation framework. In the meantime, the existing conservative allocation framework is used for assessing water takes.
Figure 2: Indicative groundwater allocation map
3. Ngā
Whakaarohanga
Considerations
3.1 Ngā
Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations
No implications, report for information only
There are no significant risks associated with this matter/subject/project/initiative.
3.2 Huringa
Āhuarangi
Climate Change
The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.
The effects of climate change are considered when processing consent applications, particularly in regard to flood modelling and engineering design (where relevant).
Mitigation |
Adaptation |
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Reduce GHG emissions |
Produce GHG emissions |
Sequester carbon |
Anticipate climate change impacts |
Respond to climate change impacts |
☐ |
☐ |
☐ |
☐ |
☒ |
3.3 Ngā
Pānga ki te Māori
Implications for Māori
No implications, report for information only. Resource consent applications will continue to be assessed for impacts on cultural values. Toi Moana consents planners provide pre-application advice to consent applicants, recommending that Iwi Management Plans be perused and consultation undertaken with tangata whenua prior to applying for consent.
4. Ngā
Mahi Whai Ake
Next Steps
Further updates on consents can be provided to the Rangitāiki River Forum at the Forum’s request.